Members Energy and this energy plan

These Members Energy Terms and Conditions and the Electricity Price Schedule should be read in conjunction with the Energy Locals market Terms and Conditions (together called this Electricity Plan), and set out our mutual expectations of each other.

A list of defined terms in this Electricity Plan can be found at the end of this document.

Your rights and obligations about the sale and delivery of electricity are contained within this Electricity Plan and in a range of Applicable Energy Regulations.  Depending on your location, these may include the National Energy Retail Law, the National Energy Retail Rules, Victorian energy legislation and the Victorian Retail Energy Code, together with the Australian Consumer Laws. We will ensure that all dealings with you will comply with the Applicable Energy Regulations.

Members Energy (ME) has teamed up with Energy Locals to provide an innovative electricity retail product offered through this Electricity Plan. The Members Energy product consists of:

  1. our optimisation and fleet orchestration software (Evergen) which will manage your Residential Battery System and exports of excess power back into the grid, depending on the optimal time of the day to do so – you will pay us a flat fee per month for the Evergen software; and
  2. your monthly energy usage, which is charged according to your metered energy consumption during that month, together with the associated costs which are passed through from the network service providers who deliver the power to your premises.

In addition, to participate in the Members Energy product, we charge an administrative fee, which is a flat fee added to your bill and reflects they fees that Members Energy pays to Energy Locals.

Evergen will control your Residential Battery System’s charging from your solar system and the grid, your exports of power back into the grid, and the times and durations at which your Residential Battery System will operate to discharge power into your premises. Evergen determines the ideal time to charge/discharge and take advantage of the best wholesale electricity prices and other opportunities presented by the electricity market. Our product will also enable the Residential Battery System to create a revenue stream for customers and help customers use sustainable and economical power.

We have teamed with Energy Locals to provide this Electricity Plan as Energy Locals is a registered retail licence holder and will be responsible for the sale of our energy product on behalf of Members Energy.

THIS CONTRACT

Who is this contract between?

This Contract is comprised of three documents, which are provided to you as part of this Energy Plan, being:

  1. Energy Locals Market Terms and Conditions (Attachment A);
  2. Members Energy Terms and Conditions; and
  3. Electricity Price Schedule.

This Contract is between:

Members Energy Pty Ltd ABN 726 381 75 621 (‘Members Energy’), referred to as ‘we’, ‘our’ or ‘us’, Energy Locals Pty Ltd ABN 23 606 408 879 (‘Energy Locals’) and the customer to whom this Contract applies (in this Contract referred to as “you” or “your”).

Under this Contract, Members Energy supplies electricity services to your premises as an agent for Energy Locals Pty Ltd ACN 606 408 879 and not on Members Energy’s own behalf. By agreeing to this contract, you acknowledge and consent to this agency arrangement (‘EL arrangement’).

You will be responsible for complying with all customer obligations under this Contract. Where there is more than one customer listed on your account, each person named will individually be responsible for complying.

Contract start and end

This Contract will commence on the commencement date, which is the latest date the following conditions are satisfied:

  1. your acceptance of this Electricity Plan, including the Energy Locals Market Terms and Conditions;
  2. 10 business days after the day you receive the last of all required information under the Applicable Energy Regulations about your contract (‘cooling off period’);
  3. you have commissioned an approved Residential Battery System; and
  4. you have accepted and commissioned control of the Residential Battery System.

You authorise for the transfer process from your current energy retailer to be managed by Energy Locals and Members Energy through the EL arrangement. The transfer process to Members Energy through the EL arrangement may take up to 3 months depending on the processes that need to be followed by your previous retailer. The Contract will remain in force from the commencement date until you or we end the Contract. We don’t charge exit fees.

Cancellation

Should you wish to cancel during the cooling off period, you can cancel this Contract by giving us notice in writing or by telephone clearly indicating your wish to do so. Otherwise if you need to cancel the Contract under any other circumstance, you must notify us by phone or in an email from the email address we have on your account. This will assist in confirming that the request is from you and to ensure that you are not transferred without your consent to another retailer.

If you’re cancelling because you’re moving from your premises, you will need to provide us with at least 5 business days’ notice. The Contract will end on the agreed date. Once we receive your notice we will use our best endeavours to organise a reading of the Meter on the date specified in the notice. You must provide us with safe and unhindered access to your electricity Meter and a forwarding address at the time of providing notice, so we can make sure your final bill is delivered to you.

You may continue to receive the Members Energy product through EL at your new address only if your new premises satisfies the eligibility requirements in this Contract. However, depending on the location of your new premises, there may be an alteration in the costs we may charge due to the differences in distribution and transmission costs that are charged by the network service providers which operate in the new location. We will advise you in advance if there is a need to alter our charges, and provide an opportunity for you to consider and accept these new charges. We will endeavour to do all we can to make the transition as seamless as possible.

Notwithstanding the above, the Contract may be terminated:

  1. if within 3 months of agreeing to this Contract, your service address is not transferred to us;
  2. you do not provide us with your payment details;
  3. on the date you move out of your premises and pay our final bill;
  4. on the date another retailer becomes the electricity retailer for your premises;
  5. on the date you enter into a new contract with us replacing this one;
  6. on the date another person enters into a new contract with us for your premises;
  7. if disconnected, on the date 10 business days after disconnection where you do not have a right to be reconnected;
  8. you do not pay your bills on time and we have notified you that should you not pay the outstanding amounts on time the Contract will be terminated;
  9. 20 business days after we give you notice that your Contract is being cancelled by us; or
  10. on the date that we are no longer able to supply your premises as a result of a Last Resort Event.

Upon the termination of this Contract you will be required to pay all amounts owing. Please be aware that rights and obligations accrued before the end of this Contract will continue despite the end of the Contract, including any obligations to pay outstanding amounts to us.

Within 7 days of termination of this Contract, the Evergen software will be deactivated. This includes the use of the Members Energy App, Intelligent Control and Battery Optimisation.

You acknowledge and agree that on each day during this contract you must:

  1. Have authority and capacity to enter into this Contract.
  2. On our request provide Acceptable Identification and give us any information (including concession eligibility) we reasonably require for the purposes of this Contract and creating a new account.
  3. Ensure that any identification and other information provided to us is accurate.
  4. Promptly provide us with updated details if the information provided has changed. This includes your billing address, email address and phone number.
  5. Be aware that Members may require a Security Deposit from you in accordance with the requirements of the EL arrangement.
  6. Not be participating in any other program which manages consumption, export and battery operation within your premises, which we call a “Virtual Power Plant (VPP) program”.
  7. Have a system (including solar panels, Residential Battery System and other connected devices within the premises) that has network supply voltages within inverter operating limits as set out in AS/NZ4777.2 and own the rights to use the system.
  8. Own or occupy the premises and are responsible for the energy supply for the premises at which the system is installed, or if you cease to be the responsible person(s) for the energy supply at the premises, you have obtained written consent from the owner in relation to the entry into and the performance of this Contract.
  9. Have all the necessary approvals, consents or authorities from any owner, residents, owner’s corporation or local authorities in respect of the premises.
  10. Ensure the system is operating correctly and maintained and that you are connected to the internet (ideally through a Wi-Fi or Ethernet connection) on a continual basis.
  11. Have a smart Meter installed (either before or on entering this Contract) and if required bear all costs of any additional electrical works necessary to make the property compliant, including but not limited to the costs of installing a smart Meter.
  12. Comply with all rules in relation to the premises at which the system is installed and any operating requirements of the system.
  13. Allow Members Energy to control the system.
  14. Allow access to Members Energy in relation to any software or firmware upgrade.
  15. Acknowledge that if your Solar PV System ceases to produce electricity, your Residential Battery System and the Members Energy Plan would be compromised and the value would be materially diminished.
  16. Be responsible for the Charges for electricity supplied to the premises under the Contract.
  17. Pay the amounts billed under this Contract until this Contract is cancelled or terminated, even if you have vacated the premises earlier.
  18. Meet your obligations under this Agreement and any other obligations under the Applicable Energy Regulations.
  19. Not mislead or deceive us in relation to any information provided to us including your personal details.
  20. Promptly notify us once you become aware of any change that materially affects access to your Meter or other equipment involved in providing the supply at your premises.
  21. Notify us as soon as practicable if you or a person residing or intending to reside at your premises requires life support equipment. Please contact us and we will assist you, in accordance with Applicable Energy Regulations, in providing the necessary information and to ensure the life support equipment is registered with the distributor.
  22. If life support equipment is to be used at the premises and becomes registered with the local distributor, obtain a certificate from a medical practitioner within 50 Business days of registering the equipment with the distributor.

Fees/Tariff charges

The price you pay for your energy supply is as set out in Basic Plan Information & Energy Fact Sheets found at www.membersenergy.com.au for this product. In addition to the applicable prices, you may incur other fees. Most fees are outlined Basic Plan Information & Energy Fact Sheets.

The exact tariff will depend on your Meter configuration and/or the network tariff for your premises.

Your charges will include:

  1. Daily supply charge – the amount we charge you for electricity supplied to your premises. These charges are set out in your Electricity Price Schedule.
  2. Electricity usage charge – the amount we charge you for the electricity you use. These charges are set out in your Electricity Price Schedule.
  3. Network/Distribution charge – the amount we pass through to you as charged by network service providers for distribution network services provided at your premises and which are not already incorporated into the daily supply charges or electricity usage charges.
  4. Product/Device charge – the amount we will charge for our device which enables you to access our product and connect to the VPP.
  5. Software Licensing charge – the amount for the enablement of software within your system under this Contract.
  6. Taxes – any taxes (including GST which will be added as different components of bills as required by current legislation).

You may also have the following charges included:

  1. Disconnection and re-connection charges – charges that apply if we perform, or arrange, disconnection or re-connection at your premises.
  2. Bank card payment fee – a merchant services fee if you pay by Mastercard, Visa or another payment method.
  3. Late payment fee – an amount to compensate us for our reasonable costs and losses if you pay your bill (or part of your bill) after the Due Date.
  4. Payment processing fee – a fee for paying your bill over the counter in person at a third-party retailer or outlet or via Post BillPay, which fee does not apply to payments made by Small Business Customers at Australia Post outlets in New South Wales.
  5. Service fee – Any reasonable costs that we incur for arranging network and connection services for you including account establishment and administration fees – we’ll let you know these amounts before we arrange the services.
  6. Any fees or additional costs we incur if your payment is dishonoured or reversed.
  7. Any other amounts referred to in this Agreement.

You acknowledge that our tariff can change from time to time in line with Applicable Energy Regulations or a change in your energy usage. Where tariffs are altered you will be notified of these changes on your first bill after the tariff change is announced, or by email no later than the date of your next bill, or otherwise as required by the Applicable Energy Regulations.

Your tariff may change depending on changes in your energy usage. If applicable, changes to your tariff will come into effect from the date you tell us there is a change in your circumstances or retrospectively from the date the change occurred, if you haven’t told us about it prior to the change, subject always to Applicable Energy Regulations. We will contact you to discuss an alternative tariff if you are eligible. We will notify you and make the change to your tariff within 10 business days or from the date your Meter is read or changed (as necessary) if you are eligible and subject always to Applicable Energy Regulations. If your tariff changes mid-way through a billing period, we’ll calculate your next bill on a proportional basis.

If you do not have a smart Meter on your premises, you will be offered a fixed fee tariff made available by Energy Locals which will apply until a new smart Meter can be installed and deployed at your premises.  The fixed fee tariff will include the following components:

  1. a flat fee tariff, which does not vary throughout the 24 hours of each day;
  2. a daily supply charge; and
  3. a members fee (the Members Energy membership fee, which covers administrative costs).

You will be notified by Energy Locals in advance of the fees and charges that will be charged to provide and install a smart Meter.  On and from the date on which you have a new smart Meter installed, you are then eligible to commence receiving services and benefits under this Contract, and by entering into this Contract you give your explicit informed consent that you agree to be transferred from a fixed fee tariff offered by Energy Locals to the tariff and other terms and conditions, including fees and a time-of-use tariff, applicable under this Contract and as described above, on and from the date your new smart Meter becomes operational.

Software licensing charges

This Electricity Plan can be accessed only with the Evergen device enabled to operate in conjunction with your System.

You acknowledge that you are responsible for payment of a technology fee for use of the Evergen device and its associated software.

Billing

We’ll send you a bill via email as soon as possible after the end of each billing cycle. In calculating your bill, we’ll consider:

  1. the energy you’ve used at the supply address during the billing period;
  2. fees and charges for any other services provided under this Contract during the billing cycle;
  3. charges payable for services provided by your local network distributor;
  4. charges payable for services provided by your Meter Provider; and
  5. any pre-payment, credit balance or outstanding balance on your account.

If we don’t receive a Meter read from your premises when it is due or if we reasonably believe that the Meter Data we have been provided is inaccurate, we may estimate the amount of energy used. If a bill is based on an estimate, the bill will clearly state this. We will also adjust your bill on a retrospective basis once we have actual Meter data.

If we estimated your bill and when we receive your actual Meter data, it is clear that we have underestimated your use, we’ll let you pay the undercharged amount in instalments over the same period of time during which the Meter was not read (if less than 12 months).

Where you have already paid and we receive actual Meter Data indicating that we overcharged by less than $50, we will credit that amount to your next bill. If the overcharged amount was $50 or more, we will inform you via email within 10 business days and if you’ve already paid that amount, we’ll credit it to your next bill. You can also ask us to refund it sooner. If you have stopped buying electricity from us, we will use our best endeavours to pay the overcharged amount to you within 10 Business Days.

If your Meter has not been read due to your act or omission and you place a request to replace the estimated bill on an actual reading, we will comply. However, you may incur the costs for complying with your request.

No interest is payable on any overcharged amount.

Bill Payment

You must pay the total amount owing on each bill, including GST, by the due date specified on the bill. You must also pay, by the Due Date, any additional charges under the terms of this Contract as detailed on your bill. Under this Contract you give us your explicit informed consent that the Due Date will be 10 business days from the date of issue.

If you disagree with the calculations on your bill, you can ask that we review it in accordance with the Complaint and Dispute Handling Procedure http://energylocals.com.au/compliants. We will inform you of the outcome of the review as soon as reasonably possible. While we review your bill, the portion of your bill which is not under review will need to be paid.

You consent to pay for your electricity usage via a Direct Debit arrangement. Direct Debit will result in the full amount owed debited from your nominated bank account on the due date.

If you have not paid your bill by the Due Date, we will send you a reminder notice that payment is required. The reminder notice will provide you a further Due Date for payment which will be not less than 7 Business Days after we issue the notice.

Late Payment Fee applies:  You give your explicit informed consent that if you fail to pay for the energy you use we will undertake collections and/or legal activity and that this may affect your credit rating.

You may also be eligible for assistance under Energy Locals Hardship Policy, which can be found by following this link: https://energylocals.com.au/hardship.

What we will provide to you

Our services

Our services to you include:

  1. Enabling you to enjoy the benefits of being a part of the Members Energy community VPP Network.
  2. Connecting your Solar PV System and Residential Battery System to the Members Energy Evergen technology to optimise use of electricity at your premises.
  3. Reading your data relating to your System to provide information required to operate the VPP. This includes, but is not limited to, home energy usage, Solar PV System electricity production, Residential Battery System charge information, system voltage, and grid voltage.
  4. Charging and discharging your Residential Battery System according to the demands of the VPP and this Contract.

Eligibility for our services

To be eligible you must be a new or existing owner of a Residential Battery System, which is compatible with our services and is still under warranty, with a Solar PV System.

Compatible Residential Home batteries suitable to be connected to the Members Energy VPP include:

  1. HIVE Solar Battery
  2. Goanna Solar Battery
  3. Eveready Energy Vault Solar Battery
  4. Energizer Home Battery
  5. Tesla Powerwall
  6. Alpha ESS Residential Battery systems (Smile5)

You must not, and must not allow:

Any person to (unless with prior knowledge of Members Energy):

  1. control, move, remove, tamper with, disable, displace or damage the System (including disconnecting its internet connectivity); or
  2. provide you with any service similar to or the same as the service under this Contract in relation to the System.

Metering

You must have a smart Meter installed to access Members Energy’s product and rates. If you have an older type of Meter we will need to organise installation of a new smart Meter as soon as possible. If we are to organise the installation we will include this charge in your bill.

If the Meter at your premises becomes faulty, we will notify you and arrange for the installation of a new Meter. This will require a brief power outage, but will not require a change to your tariff or the price you pay.

You must provide reasonable protection for the metering installation, such as a meter box or covered location for metering.  Maintaining this protected environment is your responsibility. You acknowledge that metering equipment installed at your property is owned by the Meter Provider. You must not arrange for any changes to the metering.  If you become aware that changes to your Meter are required, you must contact Members Energy.

You can lodge a request to access to your Meter Data from us via https://membersenergy.com.au. Prior to providing you with the requested data we may ask you to provide verification information including Acceptable Identification.  We will endeavour to provide you with access to the requested data (up to a maximum of two years and provided you have been the authorised owner or occupier of the premises during the time for which the historical data is requested) within 10 Business Days of us receiving adequate verification information required. You acknowledge that where a request has been made more than four (4) separate occasions within a 12-month period, or information is requested in a different manner or form from that specified in the Regulatory Requirements, the information may be subject to a reasonable charge.

Your Solar PV System

Your Solar PV System may generate electricity during daylight hours and if so, that electricity will be utilised within your premises.  Once your energy requirements at the premises are fulfilled your Residential Battery System will store any excess energy until the Residential Battery System is fully charged.  After this, any remaining amount will  be exported to the grid.

It is a requirement under this Members Energy Plan that your Solar PV System is operational and your solar inverter has an operational capability that is equal or greater than 3.0kw.

Releases

You acknowledge and agree that we will not be liable for any loss or damages caused by a failure or defect of the Residential Battery System installed at your premises. You will not make a claim against us for any liabilities for such failure and defect unless it is caused by our wilful act.

Supply Standards and Interruptions

Members Energy does not control or operate the Distribution System to which your premises is connected, and we cannot guarantee the quality, frequency or continuity of energy supply to the Supply Address.

You acknowledge that our obligations in relation to the quality of energy supply are limited to the extent that the Distribution System or the quality of energy supply is adversely affected by your actions or equipment. Where the Distributor interrupts your supply, they will be responsible for providing you notice.

In addition, Members Energy may need to interrupt your electricity supply, including:

  1. to install, test, repair, maintain, exchange, alter, replace or remove your smart Meter;
  2. in an emergency;
  3. for health and safety reasons; or
  4. due to any circumstances beyond our reasonable control or where otherwise permitted under the Regulatory Requirements.

If we need to interrupt your service we will provide you with at least four (4) Business Days’ notice (except in the case of an emergency). In our notice we will specify the expected date, time and duration of the Interruption and provide a 24-hour telephone number for any questions you might have.

Disconnection

Members Energy through the EL arrangement may ask your distributor or Meter Provider to disconnect your electricity supply in accordance with Applicable Energy Regulations, if:

  1. you fail to pay your bill by the due date and, if you’re a residential customer, you have not agreed to pay your bill by instalments or have not kept to your instalment plan;
  2. you ask us or EL to disconnect the supply or you move out of the premises;
  1. you refuse to provide a security deposit where we are entitled to require one from you in accordance with the Applicable Energy Regulations;
  2. electricity has been illegally or fraudulently used at the premises; or
  3. we are otherwise entitled or required to do so under Applicable Energy Regulations.

We will notify you prior to disconnection in line with Applicable Energy Regulations, except in certain circumstances, including for safety reasons. All disconnections and notifications will be carried out in accordance with Applicable Energy Regulations.

Reconnection

Your distributor or Meter Provider will reconnect your premises upon our request, within 10 business days of your premises being disconnected, if you:

  1. rectify the matter that led to the disconnection; and
  2. ask us or Energy Locals to arrange reconnection; and
  3. pay the reconnection charge that we may ask you to pay.

Please note that Members Energy and Energy Locals may terminate this contract within 10 business days following disconnection, where you do not perform the actions outlined immediately above.

Receipt of Notices and bills

Under this Contract you give us your explicit informed consent to receive bills, notices and other communications via email and/or via our website. Notices and bills under this Contract will be sent in writing and in English, unless this Contract or the Applicable Energy Regulations state otherwise.

A notice or bill sent under this Contract is taken to have been received by you or us (as applicable) on the date of transmission, if sent electronically, or two business days after it is posted, if sent via post.

If the delivery, receipt or transmission is:

  • not on a Business Day or is after 5.00pm on a Business Day, the notice is taken to be received at 9.00am on the next Business day; or
  • before 9.00am on a Business Day, the notice is taken to be received at 9.00 am on that Business day.

Privacy and access to information

You consent to us collecting, using, disclosing and managing your Personal Information in accordance with our privacy policy and for the purpose of fulfilling our obligations to you under this Contract. We may not be able to sell you electricity through the EL arrangement under this Contract, if we are unable to collect this information from you.

We will comply with all relevant privacy laws regarding your Personal Information. The Energy Locals Privacy Policy is available on our website https://membersenergy.com.au and sets out how we will collect, use, store and disclose your Personal Information.

Members Energy and Energy Locals will be jointly managing your electricity account. We will need to share your personal information with each other. By entering into this Contract, you agree that we may exchange your personal information in this way and with other credit providers under the Privacy Act 1998 for the purpose of assessing an application by you for credit.

You acknowledge that we are not responsible for how any third-party that we provide your personal information to under this agreement handles your personal information.

To the extent that Members Energy is required by the Applicable Energy Regulations to do so, we will provide you with information about:

  • all or any part of the terms of this Contract;
  • historical billing data for the premises up to a maximum of two years and provided you have been the authorised owner or occupier of the premises during the time for which the historical data is requested;
  • efficient energy consumption;
  • eligibility requirements for concessions, rebates and grants;
  • Meter reads and registrations related to your bill;
  • the current status of your account and/or bill; and
  • any planned interruptions to the supply of energy to your premises under this Contract.

Force Majeure

If an obligation under this Contract, cannot be met by us or you due to a Force Majeure Event:

  1. the obligation, other than an obligation to pay money, is suspended to the extent it is affected by the Force Majeure Event, for as long as the Force Majeure Event continues;
  2. the affected party must provide the other party with prompt notice of the event, including an estimate of the events likely duration and the obligations affected by it; and
  3. the affected party must use its best endeavours to remove, overcome or minimise the effects of the event as quickly as possible, and notify the other party of the steps being taken.

Disputes

If you feel we have not performed satisfactorily, please email us complaints@energylocals.com.au. We will follow our Complaints and Dispute Management Procedure that can be found on our website. If you are not satisfied with our response to your complaint, you may refer the matter to the Ombudsman in your state.

The laws of New South Wales, Queensland, the Australian Capital Territory, Tasmania, South Australia, or Victoria govern this Contract, depending on the location of your supply address.

If a dispute arises between the parties, the complainant must not commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause:

  1. The complainant must inform the respondent in writing of the following:
  • the nature of the dispute;
  • the outcome the complainant desires; and
  • the actions the complainant believes will settle the dispute.
  1. A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:
  • delivered personally;
  • posted to their address when it will be treated as having been received on the second business day after posting; and
  • sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.
  1. Endeavour to resolve dispute. On receipt of the complaint by the respondent, both parties will make every effort to resolve the dispute by mutual negotiation within 14 business days.

To the extent permitted by law

  1. We are not liable to you for any loss or damage unless it arises out of breach of contract or negligence.
  2. We are not liable and make no representation to you on the reliability, quality or safety of your electricity supply (your local distributor is responsible for the physical supply) or any other goods or services provided to you under this Contract.
  3. You are responsible for investigating the suitability of our products before accepting them.
  4. We are not responsible for any representations made by third parties or for fulfilling any obligations you have if you purchase any third-party products or services outside of this Contract, and we are not liable for any resulting loss or damage.
  5. You indemnify us against any loss or damage connected to or arising from the use of energy supplied to you, your breach of this Contract or your negligence up to the amount we would otherwise have been able to recover under the relevant laws.

Amendments

This Contract may be amended in accordance with the National Energy Retail Law and the Victorian Energy Retail Code, depending on your location.

Any amendments to this Contract will be published on our website. Changes may include but are not limited to responding to a request you’ve made or to address any errors and mistakes in the Terms (ie. typos) that do not affect the meaning, or to establish terms that are more favourable to you.

Unless expressly permitted by another clause in this Contract, we will give you 20 Business Days’ notice prior to any variation of this Contract taking effect.

Defined Terms 

‘Applicable Energy Regulations’ – the National Energy Retail Law, the National Energy Retail Rule, Victorian Retail Code, associated regulations and the Australian Consumer Laws.

‘Acceptable Identification’ – means one or more of the following for a residential or business (partnership) customer: a driver’s licence, a current passport or a valid concession card issued by the Commonwealth. For a business (company) customer: a valid Australian Company Number or Australian Business Number.

‘Billing cycle’ or ‘billing period’ – means the regular recurrent period for which you receive a bill from us.

‘Business day’ – means a day other than a Saturday or a Sunday and that is not a public holiday in your state.

‘Customer’ – means a person who buys or wants to buy energy from a retailer.

Cooling off period’ – means the period 10 Business Day period in which you can cancel this Contract. The cooling off period starts on the day that you receive this Contract and the Customer Disclosure Statement provided to you with these Market Retail Contract Terms and Conditions.

‘Disconnection’ – means an action to prevent the flow of energy to the premises, but does not include an interruption.

‘Distribution System’ – means a network of pipes or wires, Meters and controls that a Distributor uses to supply energy.

‘Distributor’ – means the entity responsible for the physical supply of electricity and connection to your service address.

‘Due date’ – means the due date for a bill issued by us.

‘Energy’ – means electricity.

‘EL arrangement’ – means the arrangement between Members Energy and Energy Locals to supply electricity services as an agent for Energy Locals, not on Members Energy’s own behalf.

‘Electricity Price Schedule’ – means the information sheet that contains the specific criteria for your chosen energy plan. All energy price fact sheets are available on our website.

‘Feed-in Tariff’ – means the amount per unit paid for electricity supplied by you into the grid as agreed under your Energy Plan.

‘Force majeure event’ – means an event outside the control of a party.

‘GST’ – has the meaning given in the GST Act (A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

‘Last Resort Event’ –  means an event that triggers the operation of the retailer of last resort scheme approved under the Regulatory Requirements, usually resulting from an Energy retailer no longer being able to sell Energy due to the suspension or revocation of their:

(a) retail licence; or

(b) right to acquire Energy from an Energy wholesale market.

‘Members Energy Trading Credit’ means a credit amount applied to a bill  based on a minimum 6 cents per KWh Feed In Tariff plus 100% of any completed trade in the wholesale electricity market which is above 6 cents per KWh.

‘Meter’ – means an instrument that measures the quantity of energy passing through it and includes associated equipment attached to the instrument, including any recording and display equipment and communications interface, to control or regulate the flow of energy.

Meter Data’ – means the Metering Data (as defined under the National Electricity Rules) that is required to be provided in accordance with the Metering Data provision procedures published by the Australian Energy Market Operator.

‘Meter Provider’ – means any or all of: Meter Provider, Meter Coordinator and Meter Data Provider as allowed for under the National Electricity Rules.

‘National Energy Retail Law’ – means the Law of that name that as applied by each participating state and territory.

‘Payment arrangement’ – means a payment schedule where customers will make payments to Energy Locals.

‘Personal Information’ – means has the meaning given in the Privacy Act 1988 (Cth). It includes the information we may need to collect and store in order to provide our service, and which is gathered and stored in accordance with our Privacy Policy.

‘Privacy policy’ – means the policy available at Energy Locals website.

‘Public holiday’ – means a public holiday appointed under the Public Holidays Act 1993.

‘Regulator’ – means the body, department or commission authorised to regulate the industry in the state in which your supply address is located.

‘residential customer’ – means a person who purchases energy principally for personal, household or domestic use at their premises.

‘Residential Battery System’ – means a Members Energy approved battery, which can be either AC or DC coupled with a storage capacity of 2.9kwh or greater, and  is integrated with unique Evergen Software.

‘Retailer’ – means a person that is authorised to sell energy to customers.

‘Rules’ and ‘energy laws’ – mean the National Energy Retail Rules made under the National Energy Retail Law, the Victorian Energy Retail Code (if the premises are located in Victoria) and other Applicable Energy Regulations relevant to the service we provide.

‘Security Deposit’ – means an amount of money or other arrangement acceptable to us as security against you defaulting on a final bill.

‘Solar PV System’ means any solar photovoltaic cells installed and operating at your premises.

‘Tariff’ – means the relevant tariff published by us from time to time.

‘VPP network’ means the members of Members Energy who have entered into a market contract with similar terms and conditions as this contract with Members Energy and Energy Locals.

Virtual Power Plant (VPP)’ – means a network of energy storage systems that participate in the Members Energy plan, to provide energy to the grid to the benefit of each participating member.

‘Wholesale Electricity Market’ means the spot market for electricity managed and operated by the Australian Energy Market Operator under the National Electricity Rules.