Market Terms and Conditions

Preamble

  • This contract, together with the associated plan information document, forms the agreement for the supply and sale of electricity to you as a small customer at the premises. It is a market retail contract between us as the retailer and you, the small customer. For small business customers, if you are a sole trader or acting on behalf of a trust, the contract will be between you as an individual and ReAmped Energy.

    Your acceptance of this contract is deemed to represent acceptance of all terms. In addition to this contract, energy laws and other consumer laws also contain rules about the sale of electricity and we will comply with these rules in our dealings with you.

    More information about this contract and other matters is located on our website which is www.reampedenergy.com.au.

    The Parties
    1. This contract is between ReAmped Energy Pty Ltd (ACN 605 682 684) who sells electricity to you at the premises and you.
    2. In this contract, ReAmped Energy is referred to as “we”, “our” or “us”; and You, the customer to whom this contract applies is referred to as “you” or “your”.

1. Explicit Informed Consent

    1. You acknowledge that:
      1. you are giving explicit informed consent for your electricity supply to be transferred to ReAmped Energy;
      2. you are giving explicit informed consent to receive all notices and documents from us electronically;
      3. you are giving explicit informed consent to debit your account in accordance with the direct debit form on our website;
      4. you are giving explicit informed consent that we may vary the tariffs and charges that apply under this contract, together with the associated plan information document, at any time.
    2. By acknowledging the matters set out in paragraph (a), you accept that ReAmped Energy will become your electricity retail supplier and will supply electricity under the terms set out in this contract.

2. Definitions and Interpretation

    1. Terms used in this contract have the same meanings as they have in the energy laws. However, for ease of reference, a simplified explanation of some terms (in italics) is given at the end of this contract.
    2. Where the simplified explanations given at the end of this contract differ from the definitions in the energy laws, the definitions in the energy laws prevail.

3. Do these Terms and Conditions apply to you?

  • 3.1 These are our Terms and Conditions.
    The terms and conditions of this contract are as agreed between us (retailer) and you (small customer), except as provided by the energy laws.
  • 3.2 Application of these terms and conditions.
    These terms and conditions apply to you if you have accepted one of our market offers to supply electricity to you and if you are a small customer.
  • 3.3 Electricity only
    This contract only applies to electricity.

4. What is the Term of this Contract?

  • 4.1 When does this contract start?
    1. This contract starts on the contract start date.
    2. The contract start date will not always be the date that we start supplying you with electricity, for your supply start date, see clause 4.5.
    3. This contract is subject to you satisfying any pre-conditions set out in the energy laws, including giving us acceptable identification, your contact details for billing purposes and a successful credit check having been completed before the date the relevant market offer expires.
  • 4.2 Credit Checks
    1. This contract is conditional on you passing a credit check to our satisfaction. You agree that we may disclose your personal information to a credit reporting entity for the purposes of conducting a credit check and for the purposes of updating your credit file. If the results of your credit check are unsatisfactory we will notify you by email and we will not proceed with this contract.
    2. In order to carry out the credit check we may disclose your personal information to a credit reporting entity. In accordance with the Privacy Act 1988 by entering into this contract you agree that we may exchange information about you with other credit providers, including exchanging creditworthiness information.
    3. At the date of this contract, the credit reporting entity we use to collect and assess consumer creditworthiness is Equifax Pty Ltd (www.equifax.com.au). Full contact details are listed in our Privacy Policy.
    4. If you are a business customer, you consent to a credit check being undertaken on the registered business entity and on the company officers.
  • 4.3 Acceptance
    1. You can accept this contract electronically via completion of the sign-up process on our website www.reampedenergy.com.au.
    2. We will confirm receipt of your acceptance by email and accompanied by your ReAmped Energy welcome pack.
    3. The welcome pack will include web links to our general terms and conditions, these contract terms and your plan information document, our privacy policy and handy links to energy savings ideas.
    4. Our reply will clearly state the contract start date and the expiry date of the cooling off period.
    5. Under this contract, you must give us any information we may reasonably require. The information you provide must be correct, and you must not mislead or deceive us in relation to the information you provide. You will be required to enter your details via the contract signup window on the website. We will need the following information:
      1. your full contact details (full name, email address, mobile phone and address);
      2. the intended premises for the electricity;
      3. any need for life support equipment
      4. at your premises; and
      5. acceptable identification.
    6. You must tell us promptly if information you have provided to us changes, including your contact email address, billing address or if your use of electricity changes (for example if you start running a business from the premises).
  • 4.4 Cooling Off Period
    1. Despite signing or accepting this contract, you still have the right to withdraw with no charge within the 10 business day cooling off period. The cooling off period starts the business day after you receive your electronic welcome pack from us.
    2. You can cancel this contract at any time within the 10-business day cooling off period by contacting us via the online chat on the website. You can also cancel this contract during the 10-business day cooling off period verbally or in writing.
    3. Upon cancellation in accordance with this clause 4.4 and at no cost to you, we will send an electronic reply confirming receipt of your cancellation instructions.
  • 4.5 Start of Electricity Supply
    Subject to clauses 4.2 and 4.4, we will start supplying electricity on:
    1. the date immediately following the expiration of the 10-business day cooling off period or a later date if specified in this contract - if you are an existing customer of ReAmped Energy;
    2. a later date as agreed between you and us under a contract renewal, whereby you will be notified 1 month prior to the end of an existing contract term; or
    3. the date responsibility for the supply of electricity at the premises has been transferred to us - if you are a new customer of ReAmped Energy;

    You will be notified electronically when ReAmped Energy starts supplying you with electricity.
    1. 4.6 Termination by you
      1. You may terminate this contract if:
        1. during the 10-business day cooling off period you give us notice in accordance with clause 4.4 of this contract;
        2. you have accepted a retail supply contract with another electricity supplier to supply the premises and the termination will be effective on the date that contract commences;
        3. you are vacating the premises and the termination will be effective on the date of the final meter reading;
        4. you are remaining at the premises, but wish to have supply disconnected and the termination will be effective on the date of disconnection;
        5. if a different customer starts to buy electricity for the premises and the termination will be effective on the date that customer’s contract starts; or
        6. we both agree on a date to end this contract and the termination will be effective on the date that is agreed.
      2. If you wish to terminate this contract because you are moving out of the premises, you must give us a minimum of 10 days notice.
      3. On termination, you will need to pay us any outstanding account balances. All rights and obligations accrued before the end of this contract continue despite the termination or expiry of the contract, including obligations to pay amounts to us.
      4. Despite termination of this contract for any reason, other than under clause 4.6 (a) i or 4.6 (a) iii., you will remain responsible for all tariffs and charges until a new authorised retailer is responsible for the supply of electricity to the premises.
    2. 4.7 Moving & Transfers
      1. If you are moving, you can ask us to transfer this contract to a new premises.
      2. If you do so, and we can supply the new premises, we may offer to supply you with electricity under this contract at the new premises. You accept that different tariffs and charges may apply at the new premises.
      3. We will send you a notice electronically confirming the new premises and detail the correct tariffs and charges including a new plan information document. You may then either accept or reject the revised offer.
      4. If you accept this revised offer, this contract will be deemed to be amended to reflect any new tariffs and charges, all other terms will remain unchanged.
      5. If you do not accept the revised offer, this contract will end. We will send your final bill to your designated email address, unless you have requested that we use an alternative email address. You will continue to be responsible for charges for the premises until your contract ends in accordance with clause 4.6.

    5. Scope of this Contract

    • 5.1 What is covered by this contract?
      1. Under this contract we agree to sell you electricity at the premises. We also agree to meet other obligations set out in this contract and to comply with the energy laws.
      2. In return, you agree:
        1. to be responsible for charges for electricity supplied to the premises until this contract ends even if you vacate the premises earlier;
        2. to pay the amounts billed by us under this contract; and
        3. to meet your obligations under this contract and the energy laws.
    • 5.2 What is not covered by this contract?
      This contract does not cover the physical connection of the premises to the distribution system, including the maintenance of that connection and the supply of electricity to the premises. This is the role of your distributor under a separate contract called a customer connection contract.
    • 5.3 Connection and supply of energy
      If the premises is not connected at the commencement of this contract we will arrange for the distributor to connect the premises. You must pay us all charges and fees levied by the distributor in relation to that connection.
    • 5.4 Responsibility of the distributor
      1. Your distributor is responsible for the connection of the premises to the network, the maintenance of that connection, the physical supply of energy to the premises and for the reliability and quality of the electricity supplied.
      2. The supply of electricity is outside of our control as your energy retailer. The supply of electricity is subject to a range of matters including variations in voltage and frequency. These things may cause damage to your equipment.
      3. Your energy distributor may disconnect, interrupt or reduce the supply of energy to the premises.
      4. We are unable to, and do not guarantee the quality and continuity of the supply of energy.
      5. You must notify us as soon as practicable if you enter into an agreement with the distributor for the connection and supply of electricity to the premises.

    6. Your General Obligations

    • 6.1 Full information
      You must give us any information we reasonably require for the purposes of this contract. The information must be correct, and you must not mislead or deceive us in relation to any information provided to us.
    • 6.2 Updating information
      1. You must tell us promptly if information you have provided us changes, for example if there is a change to your billing and email address or if your use of electricity changes (for example, if you start running a business at the premises).
      2. You acknowledge that you have given your explicit informed consent for all communications between us and you to be conducted via our website www.reampedenergy.com.au; online live chat; email; SMS Text or telephone call back.
    • 6.3 Life support equipment
      1. If a person living or intending to live at the premises requires life support equipment, you must let us or your distributor know and return the medical confirmation form we or your distributor sends you.
      2. You must tell us if the life support equipment is no longer required at the premises.
      3. If the premises are registered as having life support equipment, we must give you information in accordance with energy laws including:
        1. general advice relating to planned and unplanned interruption to the supply of electricity to the premises;
        2. at least 4 business days’ notice in writing of any planned interruption to the supply of electricity to the premises; and
        3. an emergency telephone contact number.
    • 6.4 Obligations if you are not an owner
      If you cannot meet an obligation relating to the premises under this contract because you are not the owner you will not be in breach of the obligation if you take all reasonable steps to ensure that the owner or other person responsible for the premises fulfils the obligation.

    7. Our Liability

      1. The quality and reliability of your electricity supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority.
      2. Nothing in this contract excludes, restricts or modifies any consumer guarantee, right, remedy, condition or warranty conferred on you by the Australian Consumer Law (whether applied as a law of the Commonwealth or any State or Territory), where to do so would contravene the Australian Consumer Law or cause any part of this clause to be void.
      3. Except in the instance of breach of contract or negligence by us, to the fullest extent permitted by law, our liability for a breach of a non-excludable guarantee referred to in clause 7(b), or breach of any other legal duty in relation to the subject matter of this contract is limited, as far as the law allows, to replacing or resupplying the goods or services respectively or paying for their replacement or resupply.
      4. If for any reason the limitation of liability under clause 7(c) is not effective or enforceable, then our maximum aggregate liability for all proven losses, damages and claims arising out of this contract (except for breach of the contract or negligence by us) is limited to the sum of the amounts paid by you to us in respect of fees or costs under this contract at the time the liability crystallizes.
      5. You indemnify us against (and therefore must pay us for) loss or damage arising in connection with any failure by you to comply with any of your obligations under this contract, up to the amount that we may be entitled to recover as compensation under common law or statute.

        Note: you will not have to do this where the loss or damage is the result of the negligence of us, your distributor or a meter reader.
      6. Nothing in this contract varies or excludes any limitation of liability or immunity we have under the energy laws.
      7. Failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under this market retail contract by us does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under this contract. No waiver of a breach of a term of this contract operates as a waiver of any other breach of that term or of a breach of any other term of this contract.
      8. Unless we have acted in bad faith or negligently, the energy laws exclude our liability for any loss or damage you suffer as a result of the total or partial failure to supply electricity to the premises, which includes any loss or damage you suffer as a result of the defective supply of electricity.

    8. Price for Electricity and other Services

    • 8.1 What are our tariffs and charges?
      1. Our tariffs and charges are set out on the plan information document and are published on our website (www.reampedenergy.com.au).
      2. The plan information document details the amount we charge you for electricity used at the premises and will include the following components;
        1. the usage charge;
        2. the daily supply charge; and
        3. conditional discounts (if any).
      3. Different usage charges may apply at different times of the day and if this contract includes this type of charging, it will be defined in the plan information document.
      4. The plan information document lists all additional charges you may be required to pay. These are also listed at www.reampedenergy.com.au/fees.
    • 8.2 Conditional Discounts
      Any discounts, including the conditions that apply to them, will be set out in the plan information document.
    • 8.3 Changes in tariffs and charges
      1. Unless otherwise stated in the plan information document, you acknowledge that we may vary the tariffs and charges that apply under this contract at any time.
      2. If during billing cycle, you change from one type of billing cycle to another we will:
        1. obtain a meter reading (or metering data) at the time the type of tariff changes; and
        2. calculate your bill using the type of tariff applying:

          1. the old type of tariff up to but not including the date of the meter reading; and

          2. the new type of tariff from and including the date of the meter reading.
      3. If your tariff changes, you will be notified at least five business days’ before the new tariff applies and these changes will be reflected on your next bill.

        Note: If you are a Queensland resident, we will notify you of any increase to your tariffs or charges at least 10 business days before the variation applies.
      4. We will deliver the notice by your preferred form of communication where you have communicated this to us, or otherwise by the same method as that used for delivery of your bill.
      5. The notice must:
        1. specify that your tariffs and charges are being varied;
        2. specify the date on which the variation will come into effect;
        3. identify your existing tariffs and charges inclusive of GST;
        4. identify your tariffs and charges as varied inclusive of GST;
        5. specify that the tariffs and charges identified above are inclusive of GST; and
        6. specify that you can request historical billing data and, if you are being sold electricity, energy consumption data, from us.
      6. We are not required to notify you of a variation of tariffs or charges in certain circumstances, for example when the variation is a result of changes to a government rebate or relief scheme.
      7. Your tariff may depend upon whether you are a residential customer or a small business customer as defined by your distributor and their network tariff arrangements.
      8. We may change your tariff if your use of electricity as defined by your distributor changes in accordance with the energy laws.
    • 8.4 Variation of tariff due to change of use
      1. You must notify us if there is a change of use at the premises we are supplying under this contract.
      2. If a change in your use of electricity means you are no longer eligible for the particular tariff you are on, we may transfer you to a new tariff.
      3. If you are a small business customer and your meter becomes classified as large, it is no longer eligible for the residential and small customer tariffs.
    • 8.5 Concessions
      1. If you are eligible for any government concessions, you must provide us with sufficient evidence to validate your concession. We will need to retain copies of your evidence in accordance with the energy laws.
      2. If you become eligible for concessions during the term of this contract with us, you need to notify us as soon as possible by email or via our website. One of our customer experience representatives will then contact you soon after.
      3. If confirmed, all validated concessions will be passed on to you from the date that the concessions are confirmed by us and they will be applied on your next bill.
    • 8.6 GST
      Amounts specified in the market offer prices and other amounts payable under this contract will be GST inclusive unless otherwise stated.

    9. Billing

    • 9.1 General
      Your bill will be viewable on your ReAmped Energy online account accessible via the website. We will send your bill to you:
      1. at your designated email address nominated by you; or
      2. to a person authorised in writing by you to act on your behalf at the designated email address specified by you.
    • 9.2 Calculating the bill
      Bills we send to you will be calculated on:
      1. the amount of energy consumed at your premises during the billing cycle (using information obtained from reading your meter data or otherwise in accordance with the Rules);
      2. the amount of fees and charges for any other services provided under this contract during the billing cycle; and
      3. the charges payable for services provided by your distributor.
    • 9.3 Estimating the energy usage
      1. We may estimate the amount of energy consumed at your premises if your meter cannot be read, if your metering data is not obtained (for example, if access to the meter is not given or the meter breaks down or is faulty), or if you otherwise consent.
      2. If we estimate the amount of energy consumed at your premises to calculate a bill, we must:
        1. clearly state on the bill that it is based on an estimation; and
        2. when your meter is later read, adjust your bill for the difference between the estimate and the energy actually used.
      3. If you don’t have an interval meter installed, and you have been sent a bill based on an estimate, you can ask for an adjusted bill based on your own reading of your meter and providing us with your estimate before the due date for payment of the bill. This ‘self-read’ estimate will only be accepted by us if it is carried out in accordance with the procedure provided by us and the energy laws.
      4. If the later meter read shows that you have been undercharged, we will allow you to pay the undercharged amount in instalments, over the same period of time during which the meter was not read (if less than 12 months), or otherwise over 12 months.
      5. If the meter has not been read due to your actions, and you request us to replace the estimated bill with a bill based on an actual reading of the meter, we will comply with your request but may charge you any cost we incur in doing so.
    • 9.4 Your historical billing information
      We will give you access to your billing and consumption history free of charge. However, we may charge you where your request is in a form not provided for in energy laws.
    • 9.5 Bill smoothing
      We may, where you agree, arrange for you to pay your bills under a bill smoothing arrangement, which is based on a 12 monthly estimate of your energy consumption.

    10. Paying your Bill

    • 10.1 What you have to pay?
      You must pay to us the amount shown on your bill (including GST) by the due date specified on your bill.
    • 10.2 When you have to pay?
      The due date will be 3 business days from the date we issue your bill. The issue date will be the date we send the bill electronically to you.
    • 10.3 Billing Cycle
      We will issue your bill monthly unless:
      1. you choose to receive your bill weekly, fortnightly, or quarterly; or
      2. you have agreed to pay for your electricity in advance, in which case you will receive your bill every quarter if you have a basic meter or every fortnight if you have a smart meter.
      3. you live in Victoria in which case your default billing cycle will be fortnightly.
    • 10.4 Dishonored Payments
      If you make a payment which is dishonored or reversed and it results in us incurring fees or costs, we may recover these fees or costs from you.
    • 10.5 How to Pay
      1. You may pay your bill using one of our approved automatic payment methods, being direct debit, Visa or MasterCard.
      2. If you choose to pay your bill using a direct debit facility, you:
        1. acknowledge that you have given us your explicit informed consent to debit your account in accordance with the direct debit form on our website;
        2. must set up your direct debit request using the direct debit form on our website; and
        3. must read and agree to our direct debit services agreement.
      3. If you request that we cease to rely on the direct debit arrangement, we will no longer rely on the direct debit authority.
      4. We will terminate the direct debit arrangement on being requested by you to do so.
      5. If you choose to pay your bills using Visa or MasterCard, we may charge you for any card processing fees associated with this. Fees are listed on the plan information document.
    • 10.6 Late Payment
      If you have not paid your bill by the due date, you must pay the late payment charge and you may also lose any discounts associated with prompt payment. If applicable, these terms are listed in the plan information document.
    • 10.7 Collection Fees
      You may also be required to pay any reasonable costs incurred by us for collecting overdue payments from you.
    • 10.8 Payment Difficulties
      1. If you are having difficulties paying your bill, you should contact us as soon as possible. You can contact us by email or via our website.
      2. If you are a residential customer and have told us you are having difficulty paying your bill, we can offer you the option of paying your bill under a payment plan. This is available to all residential customers unless you have had two (2) payment plans cancelled due to non-payment in the previous 12 months or have been convicted of an offence involving the illegal use of electricity in the previous 2 years.
      3. Additional protections may be available to you under our Customer Hardship Policy and under the energy laws if you are a customer experiencing payment difficulties due to hardship. A copy of our Customer Hardship Policy for customers in ACT, QLD, NSW and SA is available on our website (www.reampedenergy.com.au/legal/hardship-policy/). For Victorian Customers a copy of our payment difficulty framework can be found on our website (www.reampedenergy.com.au/legal/protections-for-customers-facing-payment-difficulties-policy).

    10A. Advance Pay

    • 10A.1 Application of this section
      1. This section 10A only applies where you have agreed under your contract to pay for your electricity in advance.
      2. If you have agreed to pay for your electricity in advance you will still receive a bill every quarter if you have a basic meter or every fortnight if you have a smart meter and the rest of these terms and conditions (including section 10) still apply, but only to the extent they are consistent with this section 10A.
    • 10A.2 Advance instalments
      1. You agree to make a weekly, fortnightly or monthly payment of the estimated annual electricity charge based on your historical average use, or the average use by comparable customers over the corresponding period.
      2. We will send you a weekly, fortnightly or monthly statement setting out the amount due and the date you are required to pay the amount.
      3. You agree that your weekly, fortnightly or monthly payment is to be made via direct debit or credit card.
    • 10A.3 Failure to pay instalments
      If you fail to pay the amount in your statement by the required date, we may terminate this contract by providing you with written notice. This contract will terminate on the day we send you the notice.
    • 10A.4 Options after termination
      If we terminate this contract under clause 10A.3, the termination notice will include details of an alternative market retail contract and provide you with the opportunity to enter into a new market retail contract with us. If you accept the new market retail contract, it will be taken to commence on the day after this contract is terminated.

      If you do not agree, or if you do not reply within 10 business days of receiving the termination notice, you will be supplied under our Standard Retail Contract at our standing offer prices. The Standard Retail Contract will be taken to commence on day after this contract is terminated.
    • 10A.5 Advance instalment adjustment
      1. You acknowledge we may adjust your instalment amount at any time to better align with your actual consumption.
      2. You agree to pay any adjusted instalment amount, provided we give you notice of the adjustment.

    11. Meters

      1. You must allow us and our authorised representatives safe and unhindered access to your premises for the purposes of (where relevant):
        1. reading, testing, maintaining, inspecting or altering any metering installation at the premises;
        2. calculating or measuring energy supplied or taken at the premises;
        3. checking the accuracy of metered consumption at the premises; and
        4. replacing meters.
      2. We will use our best endeavours to ensure that a meter reading is carried out as frequently as is needed to prepare your bills, consistently with the metering rules and in any event at least once every 12 months.
      3. If we or our representatives seek access to the premises under paragraph (a), we will:
        1. comply with all relevant requirements under the energy laws; and
        2. carry or wear official identification; and
        3. show the identification if requested.
      4. If we propose to replace your electricity meter we must give you a notice with the right to elect not to have your meter replaced unless:
        1. your meter is faulty or sample testing indicates it may become faulty; or
        2. you have requested or agreed to the replacement of your meter.
      5. When a new meter is required to be installed at your premises, we will seek to agree with you on a timeframe that will suit both of us for installation.

    12. Undercharging and Overcharging

    • 12.1 Undercharging
      1. If we have undercharged you, we may recover the undercharged amount from you. If we recover an undercharged amount from you:
        1. we will not charge interest on the undercharged amount; and
        2. we will offer you time to pay the undercharged amount in instalments over the same period of time during which you were undercharged (if less than 12 months), or otherwise over 12 months.
      2. The maximum amount we can recover from you if you live in ACT, QLD, NSW or SA is limited to the amount that has been undercharged in the 9 months immediately before we notify you, unless the undercharge is your fault, or results from your unlawful act or omission.

        Note: in Victoria the amount we can recover from you is limited to the 4 months immediately before we notify you unless the undercharge is your fault, or results from your unlawful act or omission.
    • 12.2 Overcharging
      1. Where you have been overcharged by less than $50, and you have already paid the overcharged amount, we must credit that amount to your next bill after we become aware of the overcharging.
      2. Where you have been overcharged by $50 or more, we must inform you within 10 business days of our becoming aware of the overcharge and, if you have already paid that amount, we will credit that amount to your next bill. However, if you request otherwise, we will comply with that request.
      3. If you have stopped buying electricity from us, we will use our best endeavors to pay the overcharged amount to you within 10 business days.
      4. If you have been overcharged as a result of your own fault or unlawful act or omission, we may limit the amount we credit or pay you to the amount you were overcharged in the last 12 months.
    • 12.3 Reviewing your bill
      1. If you disagree with the amount you have been charged, you can ask us to review your bill in accordance with our standard complaints and dispute resolution procedures.
      2. If you ask us to, we must arrange for a check of the meter reading or metering data or for the meter to be tested in reviewing the bill. If the test of the meter indicates the meter is operating according to the meter operating requirements specified in the energy laws, we will issue you a new invoice asking you to pay for the cost of the test and any outstanding bill amounts.
      3. If your bill is being reviewed, you are still required to pay any other bills from us that are due for payment and the lesser of:
        1. the portion of the bill that you do not dispute; or
        2. an amount equal to the average of your bills in the last 12 months.

    13. Security Deposits

    • 13.1 Security deposit
      We may require that you provide a security deposit. The circumstances in which we can require a security deposit and the maximum amount of the security deposit are governed by the energy laws.
    • 13.2 Interest on security deposits
      Where you have paid a security deposit, subject to clause 13.3, we must pay you interest on the security deposit at the prevailing published 90- day bank bill rate.
    • 13.3 Use of a security deposit
      1. We may use your security deposit, and any interest earned on the security deposit, to offset any amount you owe under this contract:
        1. if you fail to pay a bill and as a result we arrange for the disconnection of the premises, once you no longer have a right of reconnection under clause 15(a); or
        2. in relation to a final bill (i.e. a bill we issue when you vacate the premises or when you stop purchasing electricity from us at the premises or when you request that the premises be disconnected).
      2. If we use your security deposit or any accrued interest to offset amounts owed to us, we will advise you and repay any balance of your security deposit within 10 business days.
    • 13.4 Return of security deposit
      1. We must return your security deposit and any accrued interest in the following circumstances:
        1. you complete 1 years’ payment (in the case of residential customers) or 2 years’ payment (in the case of business customers) by the pay-by dates on our initial bills; or
        2. subject to clause 13.3 of this contract, you stop purchasing electricity at the relevant premises under this contract.
      2. If you do not give us any reasonable instructions, we will credit the amount of the security deposit, together with any accrued interest, to your next bill.

    14. Disconnection of Supply

    • 14.1 When can we arrange for disconnection?
      Subject to us satisfying the requirements in the energy laws, we may arrange for the disconnection of the premises if:
      1. you do not pay your bill by the pay-by date and, if you are a residential customer, you:
        1. fail to comply with the terms of an agreed payment plan; or
        2. do not agree to an offer to pay the bill by instalments, or having agreed, you fail to comply with the instalment arrangement;
      2. you do not provide a security deposit we are entitled to require from you;
      3. you do not give access to the premises to read a meter (where relevant) for 3 consecutive meter reads;
      4. you fail to give us safe and unhindered access to the premises as required by clause 11 or any requirements under the energy laws; or
      5. there has been illegal or fraudulent use of electricity at the premises in breach of clause 16 of this contract; or
      6. we are otherwise entitled or required to do so under the energy laws or by law.
    • 14.2 Notice and warning of disconnection
      Before disconnecting the premises, we must comply with relevant warning notice requirements and other provisions in the energy laws. However, we are not required to provide a warning notice prior to disconnection in certain circumstances permitted by the energy laws (for example, where there has been illegal or fraudulent use of electricity at the premises or where there is an emergency or health and safety issue).
    • 14.3 When we must not arrange disconnection
      1. Subject to paragraph (b), the premises may not be disconnected during the following times (‘the protected period’):
        1. on a business day before 8.00am or after 3.00pm; or
        2. on a Friday or the day before a public holiday; or
        3. on a weekend or a public holiday; or
        4. on the days between 20 December and 31 December (both inclusive) in any year; or
      2. The premises may be disconnected within the protected period:
        1. for reasons of health and safety; or
        2. in an emergency; or
        3. as directed by a relevant authority; or
        4. if permitted under your customer connection contract or under the energy laws; or
        5. if you request us to arrange disconnection within the protected period; or
        6. if the premises contain a commercial business that only operates within the protected period and where access to the premises is necessary to effect disconnection; or
        7. where the premises is not occupied.

    15. Reconnection after Disconnection

      1. We must request your distributor to reconnect the premises if, within 10 business days of the premises being disconnected:
        1. you ask us to arrange for reconnection of the premises;
        2. you rectify the matter that led to the disconnection; and
        3. you pay any reconnection charge (if requested).
      2. We may terminate this contract 10 business days following disconnection if you do not meet the requirements in paragraph (a).

    16. Interruption of Supply

    • 16.1 When supply may be interrupted
      1. We may interrupt your electricity supply from time to time. We may do so in order to:
        1. install, test, repair, maintain, exchange, alter, replace or remove your 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 by the laws and rules.
      2. If we plan to interrupt your electricity supply, we will seek your explicit consent to interrupt supply on a certain date or within a certain date range. If you do not consent to that date or date range, the interruption will occur at least four business days after you are notified. If your premises are registered as requiring life support equipment, you will always receive at least four business days notice of a planned interruption.

    17. Wrongful and Illegal use of Electricity

    • 17.1 Use of electricity
      You must not, and must take reasonable steps to ensure others do not:
      1. illegally use electricity supplied to the premises; or
      2. interfere or allow interference with any electricity equipment that is at the premises except as may be permitted by law; or
      3. use the electricity supplied to the premises or any electricity equipment in a manner that:
        1. unreasonably interferes with the connection or supply of electricity to another customer; or
        2. causes damage or interference to any third party; or
      4. allow electricity purchased from us to be used otherwise than in accordance with this contract and the energy laws; or
      5. tamper with, or permit tampering with, any meters or associated equipment.

    18. Notices and Bills

      1. All notices and bills under this contract will be sent electronically.
      2. To facilitate this, you must;
        1. have a computer which can receive our emails;
        2. have a computer which can open PDF files (https://get.adobe.com/reader/);
        3. accept that electronic communications like emails cannot be guaranteed to be timely, secure or virus free and that we do not accept liability arising out of any email communications; and
        4. notify us as soon as your email address changes.
      3. If we cannot deliver your bill to your email address, we will forward it to you by mail (and you will incur the paper bill fee as described in our plan information document).

        Note: If the premises is located in New South Wales, we will not impose a charge for issuing you a paper bill.
      4. A notice or bill electronically sent under this contract is taken to have been received by you on the date of transmission (unless we receive notice that delivery did not occur or has been delayed). We will try to resend the bill or notice 2 more times on that same day.
      5. If electronic transmission has failed, a notice or bill sent under this contract is taken to have been received by you or by us on the date 2 business days after it is posted.
      6. If we need to send you bills or notices by regular post, we will charge you our paper bill fee (as listed in the plan information document).

    19. Privacy Act Notice

    • We will comply with all relevant privacy legislation in relation to your personal information. You can find a summary of our privacy policy on our website. If you have any questions, you can contact our privacy officer.

    20. Complaints and Dispute Resolution

    • 20.1 Complaints
      If you have a complaint, issue or just some general feedback please let us know. If we have let you down in any way, our friendly team at ReAmped will do our absolute best to help make things right.

      You can do this in several ways:
      1. Call 1800 841 627 and select the complaints option
      3. Lodge a complaint directly on our website at https://www.reampedenergy.com.au/complaints/ and complete the online complaint form
      4. Write to us at PO Box 1447, Brisbane, QLD 4001 C/- Complaints Manager

      How we handle your complaint:
      1. Within 1 working day of receiving the complaint ReAmped will contact the customer acknowledging receipt of the complaint.
      2. Within 2 working days of the acknowledgement the initial assessment will have been completed and contact with the customer will be made.
      3. If unable to resolve the complaint immediately after the initial assessment, then within 7 working days of acknowledging the complaint ReAmped will provide an update to the customer about the current state of the complaint/investigation.
      4. If the complaint is unresolved within 20 working days of the acknowledgement, ReAmped will provide the customer, in writing, a valid reason to extend the complaints procedure to 40 working days.

      Note: Our standard complaints and dispute resolution procedures are published on our website.
      1. 20.2 Our obligations in handling complaints
        If you make a complaint, we must respond to your complaint within the required timeframes set out in our standard complaints and dispute resolution procedures and inform you:
        1. of the outcome of your complaint and the reasons for our decision; and
        2. that if you are not satisfied with our response, you have a right to refer the complaint to the relevant Energy and Water Ombudsman in your area.
        3. The contact details of the relevant ombudsman schemes are below:
          1. If the premises is located in ACT:
            ACT Civil & Administrative Tribunal (ACAT)
            Postal Address: GPO Box 370 Canberra, ACT 2601;
            Website: www.acat.act.gov.au;
            Telephone: (02) 6207 1740
          2. If the premises is located in NSW:
            Energy and Water Ombudsman NSW
            Address: Level 11, 133 Castlereagh Street, Sydney NSW 2000;
            Website: www.ewon.com.au;
            Telephone: 1800 246 545
          3. If the premises is located in Queensland:
            Energy and Water Ombudsman Queensland
            Address: Level 16, 53 Albert Street, Brisbane City QLD 4000;
            Website: www.ewoq.com.au;
            Telephone: 1800 662 837
          4. If the premises is located in SA:
            Energy and Water Ombudsman SA
            Postal Address: GPO Box 2947 Adelaide SA 5001;
            Telephone: 1800 665 565
          5. If the premises is located in Victoria:
            Energy and Water Ombudsman VIC
            Postal Address: Reply Paid 469, Melbourne VIC 8060;
            Website: www.ewov.com.au;
            Telephone: 1800 500 509

      21. Solar Feed-in-Tariff

      • If you have a solar photovoltaic (PV) system installed and operational at your premises, it is important that you tell us as you may be eligible for a feed-in-tariff. You will solely be responsible for any connection and compliance with all electrical safety laws.
      • 21.1 Payment of feed-in-tariff types
        1. If we pay you a feed-in tariff, you’ll see the amount of the feed-in tariff itemised on your bill.
        2. This amount will be offset against the total amount of your bill. If this pushes your bill into credit, then we will refund this to you at your request. If no refund is requested we will credit this amount to your next bill.
        3. If we pay you a retailer feed-in-tariff that is under a plan information document, we may vary or cancel the retailer feed-in-tariff in accordance with your plan information document and this market retail contract.
        4. If we pay you a government feed-in-tariff we may stop providing you with a feed-in-tariff if:
          1. you stop being eligible for the government feed-in-tariff; or
          2. there is a change in energy laws.
      • 21.2 Variation of feed-in-tariff
        You agree that your feed-in-tariff can vary in accordance with clause 8.3 c) of this market retail contract, subject to energy laws. If the amount of your feed-in tariff changes during a billing cycle, then we’ll calculate your feed-in tariff for that period on a proportionate basis. Overpayment of the feed-in tariff will be handled in accordance with clause 12.1 of this market retail contract.

      22. Force Majeure

      • 22.1 Effect of force majeure event
        If either party to this contract cannot meet an obligation under this contract because of an event outside the control of that party (‘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; and
        2. the affected party must use its best endeavors to give the other party prompt notice of that fact including full particulars of the event, an estimate of its likely duration, the extent to which the affected party’s obligations are affected and the steps being taken to remove, overcome or minimise those effects.
      • 22.2 Deemed prompt notice
        If the effects of a force majeure event are widespread, we will be deemed to have given you prompt notice if we make the necessary information available by way of a 24-hour telephone service within 30 minutes of being advised of the event or otherwise as soon as practicable.
      • 22.3 Obligation to overcome or minimise effect of force majeure event
        A party that claims a force majeure event must use its best endeavors to remove, overcome or minimise the effects of that event as soon as practicable.
      • 22.4 Settlement of industrial disputes
        Nothing in this clause requires a party to settle an industrial dispute that constitutes a force majeure event in any manner other than the manner preferred by that party.

      23. Applicable Law

      • This contract is governed by the laws of the state or territory in which the premises are located. You agree to submit to the non-exclusive jurisdiction of the courts in that state or territory.

      24. Retailer of last Resort Event

      • If we are no longer entitled by law to sell electricity to you due to a Retailer of Last Resort (RoLR) event occurring in relation to us, we are required under the energy laws to provide relevant information (including your name, billing address and metering identifier) to the entity appointed as the relevant designated retailer for the RoLR event and this contract will come to an end.

      25. General

      • 25.1 Our obligations
        Some obligations placed on us under this contract may be carried out by another person. If an obligation is placed on us to do something under this contract, then:
        1. we are taken to have complied with the obligation if another person does it on our behalf; and
        2. if the obligation is not complied with, we are still liable to you for the failure to comply with this contract.
      • 25.2 Amending this contract
        1. This contract may only be amended in accordance with the procedures set out in the energy laws.
        2. We will publish any amendments to this contract on our website.

      Simplified Explanation of Terms

      • acceptable identification, in relation to:
        1. a residential customer—includes the licence number of a driver licence (or driver’s licence) issued under the law of a State or Territory.
        2. a business customer that is a sole trader or partnership—includes the form of identification for a residential customer for one or more of the individuals that conduct the business or enterprise concerned and an Australian Company Number or Australian Business Number or the body corporate; or;
        3. a business customer that is a body corporate—means Australian Company Number or Australian Business Number of the body corporate.

        billing cycle means the regular recurrent period for which you receive a bill from us.
        business day means a day other than a Saturday, a Sunday or a public holiday.
        business customer means a customer who is not a residential customer.
        customer means a person who buys or wants to buy electricity from a retailer.
        contract start date is the date on which ReAmped receives your acceptance of this contract to supply you with electricity.
        customer connection contract means a contract between you and your distributor for the provision of customer connection services.
        designated email address is the email address provided by you as your primary contact email address for the purposes of our communication of bills and notices with you; or the email address of someone else who has been authorized in writing acting on your behalf.
        designated retailer means the financially responsible retailer for the premises (where you have an existing connection) or the local area retailer (where you do not have an existing connection) for the premises;
        disconnection means an action to prevent the flow of electricity to the premises but does not include an interruption.
        distributor means the person who operates the system that connects the premises to the distribution network.
        emergency means an emergency due to the actual or imminent occurrence of an event that in any way endangers or threatens to endanger the safety or health of any person, or normal operation of the distribution system or transmission system, or that destroys or damages, or threatens to destroy or damage, any property.
        energy laws means any law or regulatory or administrative instrument relating to or affecting the sale or supply of energy in the State or Territory in which your premises is located or otherwise relevant to our obligations under this contract, including the National Energy Retail Law and National Energy Retail Rules, as varied or replaced from time to time.
        explicit informed consent has the meaning given in energy laws.
        feed-in-tariff means the amount per unit paid for electricity supplied by you from a solar photovoltaic (PV) system to the grid as shown on your plan information document.
        force majeure event means an event outside the control of a party.
        government feed-in-tariff is the feed-in tariff that we are required to offer under energy laws.
        GST has the meaning given in the GST Act (A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
        interval meter means a meter that takes measurements of how electricity is used in separate intervals.
        life support equipment means any of the following:
        1. an oxygen concentrator;
        2. an intermittent peritoneal dialysis machine;
        3. a kidney dialysis machine;
        4. a chronic positive airways pressure respirator;
        5. crigler najjar syndrome phototherapy equipment;
        6. a ventilator for life support;
        7. in relation to a particular customer—any other equipment (whether fueled by electricity or gas) that a registered medical practitioner certifies is required for a person residing at the customer’s premises for life support or otherwise where the customer provides a current medical certificate certifying that a person residing at the customer’s premises has a medical condition which requires continued supply of electricity.

        market retail contract means a contract between a small customer and a retailer which is not a deemed customer retail arrangement nor a standard retail contract;
        meter, in relation to a customer, means:
        1. the device that measures the quantity of electricity passing through it or records the consumption of electricity at the customer’s premises; and
        2. for electricity bulk hot water or gas bulk hot water, the device which measures and records the consumption of bulk hot water consumed at the customer’s premises.

        metering recording the production or consumption of electricity.
        metering rules means the applicable Retail Market Procedures and Chapter 7 of the National Energy Rules.
        pay-by date means 3 days after the bill issue date.
        plan information document means the pricing documentation, including where applicable the energy price factsheet, Basic Plan Information Document, or Detailed Plan Information Document developed in accordance with applicable law.
        premises means the address where you accept the supply of energy under this contract.
        relevant authority means any person or body who has the power under law to direct us, including the Australian Energy Market Operator, the Australian Energy Regulator, and State and Federal Police.
        residential customer means a person who purchases electricity principally for personal, household or domestic use at their premises.
        retailer means a person that is authorised to sell electricity to customers.
        retailer feed-in-tariff means our voluntary feed-in tariff, which can be found on your plan information document.
        RoLR event means an event that triggers the operation of the Retailer of Last Resort scheme under the National Energy Retail Law.
        security deposit means an amount of money paid to us as security against non-payment of a bill in accordance with the Rules.
        small customer means:
        1. a residential customer; or
        2. a business customer who consumes electricity at or below a level determined under the energy laws.

        the Rules means the National Energy Retail Rules made under the National Energy Retail Law.
        website means www.reampedenergy.com.au.

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