HEMS Pilot terms and conditions
Affiliated Organisations: Energex, Energex’s related bodies corporate, the Pilot’s marketing and advertising providers, information technology providers, meter installation and data providers, and economic analysis providers.
Agreement: A contractual arrangement between You and the Service Provider which is separate to these Terms and Conditions.
Appliance: Electrical product or generator, whose energy load or supply can be managed without damage to the appliance. Examples of an appliance/generator are solar photovoltaics, hot water system, pool pump, battery energy storage system, electric vehicle (car) and PeakSmart air conditioners.
Bill Guarantee: has the meaning given in clause 13 of these Terms and Conditions.
Pilot: Home Energy Management System Pilot Program.
Retailer: Your electricity retail biller.
Service Provider: Supplier of a Home Energy Management System (HEMS) solution chosen by You. It is not affiliated with Energex, but has demonstrated its ability to provide a suitable HEMS solution.
You/Your: the participating customer in the Pilot. You will be assumed to be the person who is responsible for paying Your electricity bill (the legal entity).
1. To register Your interest in the Pilot program, You need to complete the Expression of Interest form.
2. To participate in the Pilot You must have at least one Appliance available for energy management by a Service Provider.
3. If You become a Pilot participant, You must enter into an Agreement with the Service Provider for its services. You need to make yourself aware of any reward, benefits and fees and charges associated with the provision of the Service Provider’s HEMS:
- as part of the Pilot,
- at (or after) the conclusion of the Pilot, and
- following any decision by You to leave the Pilot before its end date.
Energex is not a party to any Agreement between You and a Service Provider and to the full extent permitted by law, and despite any other provision in these Terms and Conditions, Energex will not be liable to You (whether under contract, in tort, in equity, under statute or otherwise) in respect of any act or omission of any Service Provider in connection with the Pilot, any Agreement between You and a Service Provider or the performance or operation of any Service Provider’s HEMS.
4. You will respond to reasonable research requests from Energex regarding Your participation, or not, in the Pilot. Should You join, research requests will be limited to three (3) questionnaires – one as You join the Pilot, one during the Pilot and one at the end of the Pilot.
5. If you wish to take advantage of the Bill Guarantee, You must make available your billing information for the 12 months immediately prior to Your entry into an Agreement with a Service Provider.
6. If You are renting a property and are a successful participant in the Pilot, it is assumed You have gained your Landlord’s approval to participate.
7. If You participate in this Pilot, you will not be eligible to receive any additional payments under the Energex Positive Payback program.
8. During the Pilot, You will allow Energex access to Your premises at a mutually convenient time to carry out an inspection and audit of a Service Provider’s HEMS installation and to install separate energy monitoring equipment (where you consent to such installation) in Your meter box.
9. The Service Provider manages all aspects of:
- Your becoming a participant in the Pilot, including
- installing any HEMS equipment and the suitability of any existing electricity meters at Your home (if necessary for the service delivery),
- assistance in any change in tariffs required with Your Retailer to maximise Your benefit from the HEMS service, and
- provision of customer service obligations to You throughout the Pilot.
- the energy management relationship with You during your participation in the Pilot,
- any reinstatement of Your home, with respect to the Pilot, to the same condition as prior to the commencement of the Pilot (should this be required) should you leave the Pilot before its end date, once the Pilot has ended or should Energex terminate the Pilot before its end date.
10. All incentives and benefit from being a participant in the Pilot (except the Energex Bill Guarantee) are delivered to You by the Service Provider.
11. The Service Provider will make available Your details relevant to participating in the Pilot, and Your energy usage data to Energex as part of the Pilot conditions. This will be used for data analysis under the Pilot only. Your individual energy usage data will not be made public.
12. As part of the Pilot, Energex reserves the right to inspect and audit a Service Provider’s HEMS installation at the respective premises for confirmation of Your participation in the Pilot and/or quality of installation.
13. Energex will provide the electricity bill guarantee compensation described below (Bill Guarantee) to You from the date of Your installation of a HEMS under the Pilot until 31 October 2020 (Bill Guarantee Period). The Bill Guarantee is intended to ensure that You are protected as far as possible from any adverse financial consequences of participating in the Pilot.
- If, during the Bill Guarantee Period, a bill issued by Your Retailer is nominally cheaper when compared to Your bill for the same period in the previous year, the Bill Guarantee will not apply.
- If, during the Bill Guarantee Period, a bill issued by Your Retailer is nominally greater when compared to Your bill for the same period in the previous year, the maximum guarantee compensation will be $80 for quarterly bills or $26 for monthly bills. The amount of the Bill Guarantee will be determine by Energex based on combining:
- the average c/kWh of Your bill under the Pilot compared to a comparative average c/kWh for the energy used during the same billing period in the previous year on Your continuous general tariff, and
- any combined increase in Tariff fixed fees due to a change in tariff for the Pilot (excluding metering charges and ongoing HEMS Service Provider fees and charges),
- and Energex’s determination of the amount of the Bill Guarantee will be final and You agree not to dispute the determination.
The Bill Guarantee is only available if Your billing information from the same period in the previous 12 months is made available to Energex in accordance with clause 5 above.
14. Energex will, from time to time during the Pilot, issue energy management requests (an event) to Your Service Provider. These requests will seek to change the energy usage within Your home to assist in network management. Your Service Provider’s ability to respond to these events will be conditional on the individual Agreement You have with your Service Provider.
15. Should You register your interest in the Pilot, Energex may approach You to participate in some specific research in relation to Your eventual decision.
16. Energex may wish to install separate energy monitoring equipment in Your meter box, if You participate in the Pilot and you consent to the installation. This will be at no expense to You and will remain after the Pilot has ended.
17. To the full extent permitted by law, and despite any other provision in these Terms and Conditions, Energex and its employees and contractors will not be liable to You (whether under contract, in tort, in equity, under statute or otherwise) for any loss of profit, loss of revenue, loss of use, loss of contract, loss of data, loss of production, loss of opportunity, loss of goodwill, or any direct, indirect, incidental, special or consequential damage, cost or loss, however caused in connection with Your participation in the Pilot. Any warranty, condition or guarantee imposed by law is excluded to the maximum extent permitted by law.
18. Energex may terminate the Pilot before its end date. If Energex terminates the Pilot, payments that have been lodged by the Service Provider will be paid, but Energex will not pay any payments that have not been lodged at the time of termination.
Consent and Privacy Notice
19. By accepting the offer to participate in the Pilot, You consent to Energex collecting and disclosing Your name, address, detailed electricity data, National Meter Identifier, contact details and demographic data collected during the course of the Pilot to Affiliated Organisations for the purpose of furthering the purpose of the Pilot or analysis, reporting, marketing and communications associated with the operation of the Pilot. In addition, Energex may disclose de-identified (meaning deletion of name, address and contact details) report results to its energy regulators and relevant Government bodies, participants in the program, retailers and research publications and to other entities as required or authorised by law.
20. Energex is collecting, using and disclosing Your personal information for the purpose of conducting this Pilot. In addition to the Affiliated Organisations, Your information may, as part of furthering Energex’s purpose in undertaking the Pilot be provided to:
- the Service Provider
- representatives of Energex who may be required to examine and carry out audits and maintenance of equipment at Your premises
- Your local government/council
- the Queensland State Government
- external market research companies to conduct customer research, and
- Your Retailer
You consent to the use of Your personal information as set out in these Terms and Conditions. You are entitled to access any personal information that Energex holds about You by contacting Energex through our Customer Enquiries, Feedback and Complaints form or contact our Customer Service Centre on 13 12 53.
Terms of the pilot
21. The Pilot will commence in respect of Your premises on the date on which a HEMS is installed at Your premises and will cease on the earlier of:
- 30 April 2021, or
- the date specified by Energex in a formal written notice to You advising of early termination of the Pilot.
22. Any provision of these Terms and Conditions that is prohibited or unenforceable is ineffective to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions.
23. These Terms and Conditions shall be governed by the laws of Queensland.