Updated Date: 1 March 2026

Preamble

These terms and conditions apply to a standard retail contract for the sale of electricity by Fig Energy Pty Ltd (ABN 13 688 813 354) to a small customer at the customer’s premises. In this contract, Fig Energy Pty Ltd is referred to as “we”, “our” or “us”, and the customer is referred to as “you” or “your”.

A standard retail contract is the default contract that applies where you have not entered into a market retail contract with us. It commences without you signing a document accepting these terms and conditions, on the basis set out in clause 2.

This contract applies to the sale of electricity at our standing offer prices, which are published on our website and reflect the requirements of the energy laws (and, in respect of premises located in Victoria, the Victorian Default Offer determined by the Essential Services Commission).

We supply electricity only. References in this contract to “energy” mean electricity. The physical connection of your premises to the distribution network is governed by a separate customer connection contract between you and your distributor.

In addition to this contract, we comply with all applicable energy laws, including the National Energy Retail Law and the National Energy Retail Rules and, in respect of premises located in Victoria, the Energy Retail Code of Practice. Where any term of this contract is inconsistent with a mandatory provision of the energy laws, the energy laws prevail. Further information about this contract, our customer hardship policy, our family violence policy and our complaints procedure is available on our website.

1. Application of these Terms and Conditions

These terms and conditions apply where:

(a)   you are a small customer (being a residential or small business customer who is a small customer);

(b)   you have requested us to sell electricity to you at your premises; and

(c)   you are not being sold electricity for the premises under a market retail contract.

2. Commencement and Termination

2.1 Commencement

This contract commences on the date you satisfy any pre-conditions set out in the energy laws, including the provision of acceptable identification and contact details for billing purposes.

2.2 Termination

This contract terminates on the earliest of the following:

(a)   a date specified by us following receipt of your notice of termination, being not less than 5 and not more than 20 business days after the date of the notice;

(b)   a date specified by us where you cease to be a small customer (or, where you have not notified us of a change in your use of electricity, the date of that change in use);

(c)   a date agreed between you and us;

(d)   the date on which a market retail contract between you and us, or a customer retail contract between you and another retailer, commences in respect of the premises;

(e)   the date another customer commences purchasing electricity at the premises; or

(f)   the date occurring 10 business days after disconnection of the premises, where the requirements for reconnection set out in the energy laws have not been satisfied.

Where you fail to grant safe and unhindered access to the premises for a final meter read, this contract will not terminate under paragraph (a) or (b) until a final bill has been issued and any outstanding amount paid.

Termination does not affect any rights or obligations that have accrued prior to termination, including any obligation to pay outstanding amounts.

2.3 Vacating the premises

Where you intend to vacate the premises, you must give notice under clause 2.2(a) and provide a forwarding address for the issue of your final bill. We will use reasonable endeavours to arrange a meter read on the date specified in your notice. You remain liable for charges in respect of electricity consumed at the premises until this contract terminates.

3. Customer Obligations

3.1 Information you must provide

You must provide us with 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. You must promptly notify us of any change in information you have provided (including any change in your billing address or in your use of electricity, such as the commencement of any business activity at the premises) and of any change that materially affects access to your meter or other equipment involved in providing metering services at the premises.

3.2 Life support equipment

Where any person residing or intending to reside at the premises requires life support equipment, you must register the premises with us or your distributor and provide medical confirmation in the prescribed form from a registered medical practitioner. We will allow not less than 50 business days for the provision of medical confirmation, and your premises may cease to be registered as having life support equipment where medical confirmation is not provided within the prescribed time.

In respect of registered premises, we will provide general advice regarding possible distributor planned, retailer planned and unplanned interruptions, not less than 4 business days’ written notice of any retailer planned interruption (unless you have given explicit consent to a specified date), information to assist in the preparation of an action plan for unplanned interruptions, and emergency telephone contact numbers. You must notify us if life support equipment is no longer required at the premises.

3.3 Where you are not the owner

Where you cannot meet an obligation under this contract because you are not the owner of the premises, you will not be in breach of that obligation provided you take all reasonable steps to procure that the owner or other person responsible for the premises fulfils the obligation.

4. Supply Quality and Liability

You acknowledge that the quality and reliability of the supply of electricity to the premises is subject to fac

tors beyond our control, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system, and the acts of others (including your distributor, including at the direction of a relevant authority).

To the extent permitted by law, we give no condition, warranty or undertaking, and make no representation, about the condition or suitability of electricity, its quality, fitness for purpose or safety, other than those set out in this contract. Unless we have acted in bad faith or negligently, the energy laws exclude our liability for any loss or damage suffered as a result of the total or partial failure to supply electricity to the premises (including any defective supply) and, where you export electricity to the grid, the total or partial failure to take supply of electricity from the premises.

Nothing in this contract limits or excludes any consumer guarantees that apply under the Australian Consumer Law, or any liability that may not be excluded under the energy laws.

5. Tariffs and Charges

5.1 Standing offer prices

Our tariffs and charges for the sale of electricity under this contract are our standing offer prices. Standing offer prices are published on our website and include charges payable to your distributor. The tariffs and charges that apply to you depend on your circumstances; the conditions for each tariff are set out in our standing offer prices.

We do not impose any charges for the termination of this contract.

5.2 Variation of standing offer prices

Where we vary our standing offer prices:

(a)  we will publish the variation in a newspaper and on our website at least 10 business days before it takes effect;

(b)   we will give you advance written notice of any variation that affects you — at least 10 business days before the variation takes effect where it results in an increase, or at least 5 business days before the variation takes effect where it results in a decrease; and

(c)   the notice will identify your existing tariffs and charges and your tariffs and charges as varied (each inclusive of GST), the effective date of the variation, and your right to request historical billing and consumption data.

We are not required to provide advance notice under paragraph (b) where you have entered into this contract within 10 business days before the variation takes effect (and we have informed you of the variation), where the standing offer prices are regulated or set by legislation, government agency or regulatory authority, where the variation is a direct result of a change to a government-funded rebate, concession or relief scheme, or where the variation is a direct result of a change to bank, credit card or payment processing fees applicable to you.

Our standing offer prices will not be varied more often than once every six months, except where required by the energy laws.

Note (Victoria): In Victoria, our standing offer prices for electricity are required to comply with the Victorian Default Offer determined by the Essential Services Commission. Where our standing offer prices vary and the variation applies to you, we will include details of the variation in your next bill.

5.3 Variation of tariff due to change in use

Where a change in your use of electricity means you are no longer eligible for the tariff that applies to you, we may transfer you to another tariff under our standing offer prices — from the date of your notification, or otherwise from the date the change in use occurred.

5.4 Variation of tariff on request

You may request a review of your current circumstances to determine whether another tariff under our standing offer prices may apply to you. Where you meet the requirements for that tariff, we will transfer you to that tariff within 10 business days, or (where the tariff requires a change of meter) from the date the meter is read or replaced. Where a tariff applying to you changes during a billing period, the next bill will be calculated on a proportionate basis.

5.5 GST

Amounts payable under this contract are inclusive of GST except where stated otherwise. Where an amount payable under this contract is consideration for a “taxable supply” as defined for GST purposes, that amount will, to the extent permitted by law, be increased so that the cost of the GST payable on the taxable supply is passed through to the recipient of that supply.

6. Billing

6.1 Issue of bills

We will issue a bill to you as soon as practicable after the end of each billing period. Bills will be sent to your nominated address, or to a person you have authorised in writing (or by your preferred method of communication, where you are affected by family violence) to act on your behalf.

6.2 Calculation of bills

Each bill will be calculated by reference to the electricity consumed at the premises during the billing period (based on a meter read or, where applicable, an estimate), the fees and charges payable for any other services provided under this contract, and charges payable to your distributor (including connection charges where you have requested a new connection or connection alteration and have not made alternative arrangements with the distributor).

6.3 Estimated bills

Where a meter read cannot be obtained, or you otherwise consent, we may estimate consumption. Bills based on an estimate will be clearly identified as such and will be reconciled against actual consumption when the next meter read is obtained. Where reconciliation results in an undercharge, you may pay the undercharged amount in instalments over the period during which the meter was not read (if less than 12 months) or otherwise over a period of 12 months.

Where the meter has not been read due to your actions and you request that the estimated bill be replaced with a bill based on an actual read, we will comply with that request but may charge you any cost we incur in doing so.

Note (Victoria): In Victoria, we must obtain your explicit informed consent before basing a bill on an estimate, except where the meter cannot be read or the metering data is not obtained.

6.4 Bill smoothing

Where you agree, we may arrange for you to pay your bills under a bill smoothing arrangement based on a 12-month estimate of your electricity consumption. Bill smoothing may be ended by you at any time, or by us where we are no longer able to make a reasonable estimate of your consumption.

6.5 Historical billing and consumption information

Upon request, we will provide information about your billing history for the previous two years free of charge. We may impose a charge where the information requested relates to a period earlier than two years prior, or where the information has already been provided to you four times in the previous 12 months.

7. Payment

7.1 Payment terms

Each bill is payable in full by the pay-by date specified on the bill, which will be no earlier than 13 business days after the date of issue. Payment may be made by any method specified on the bill.

7.2 Reminder notices

Where a bill remains unpaid by the pay-by date:

(a)   in respect of business customers, we will issue a reminder notice specifying a further due date for payment, being not less than 6 business days after the date of the reminder notice; and

(b)   in respect of residential customers, we will issue a reminder notice no later than 21 days after the pay-by date specified on the bill.

7.3 Payment difficulties and customer hardship

If you are experiencing difficulty in paying your bill, you should contact us at the earliest opportunity. We will provide information about available payment options.

Where you are a residential customer and have informed us of payment difficulty, we will offer you the option of paying your bill under a payment plan. We are not obliged to offer a payment plan where you fail to take reasonable action towards paying for your ongoing electricity use, the cost of that ongoing use, and the repayment of arrears, or where you have had two payment plans cancelled for non-payment in the preceding 12 months, or where you have been convicted of an offence involving the illegal use of electricity in the preceding two years (and, in the case of customers affected by family violence, the non-payment or illegal use was caused wholly or partly by another person).

Additional protections may be available to you under our customer hardship policy, our family violence policy and the energy laws. Our customer hardship policy and family violence policy are published on our website.

Note (Victoria): Residential customers in Victoria anticipating or facing payment difficulty are entitled to assistance under Part 6 of the Energy Retail Code of Practice. Disconnection for non-payment is a measure of last resort.

7.4 Late payment fees

Where a bill remains unpaid by the pay-by date, we may require you to pay a late payment fee, being part of our standing offer prices.

8. Disputed Bills

If you dispute the amount of any bill, you may request a review in accordance with our standard complaints and dispute resolution procedure. Pending the outcome of the review, you must pay the lesser of the undisputed portion of the bill or an amount equal to the average of your bills issued in the preceding 12 months, together with any other bills due for payment.

Where you request a meter test as part of the review, we may require payment of the cost of the test in advance. Where the meter is found to be operating correctly or the metering data is found to be accurate, you will be liable for the cost of the test. Where the meter is found to be operating incorrectly or the metering data is found to be inaccurate, we will reimburse the amount paid and adjust the bill accordingly.

Note (Victoria): In Victoria, customers are not required to pay for a meter check or test in advance.

If you remain dissatisfied with the outcome of our review, you may refer the matter to the Energy Ombudsman in your jurisdiction (contact details set out in clause 20).

9. Undercharging and Overcharging

9.1 Undercharging

Where we have undercharged you, we may recover the undercharged amount, provided that the maximum recoverable amount is limited to the amount undercharged in the 9 months immediately preceding notification, unless the undercharge is attributable to your act, omission or unlawful conduct. No interest is payable on undercharged amounts, and instalment arrangements will be offered over a period equal to the period during which you were undercharged (if less than 12 months) or otherwise over 12 months.

Note (Victoria): In Victoria, the maximum amount recoverable in respect of an undercharge is limited to the amount undercharged in the 4 months immediately preceding notification (rather than 9 months), unless the undercharge is attributable to your act, omission or unlawful conduct.

9.2 Overcharging

Where we have overcharged you:

(a)   where the overcharged amount is less than the threshold prescribed under the energy laws and you have already paid it, we will credit that amount to your next bill;

(b)   where the overcharged amount is equal to or greater than that threshold, we will inform you within 10 business days of becoming aware of the overcharge and credit that amount to your next bill (or, where you so request, refund it by another means);

(c)   where you have ceased purchasing electricity from us, we will use reasonable endeavours to refund the overcharged amount within 10 business days; and

(d)   where the overcharge is attributable to your act, omission or unlawful conduct, we may limit the credit or refund to the amount overcharged in the preceding 12 months.

No interest is payable on an overcharged amount.

10. Meters

You must allow us, and our authorised representatives, safe and unhindered access to the premises for the purposes of (where relevant) reading, testing, maintaining, inspecting, altering or replacing the meter, calculating or measuring electricity supplied at the premises, and checking the accuracy of metered consumption. We will use reasonable endeavours to ensure that meter reads are carried out as frequently as needed to prepare your bills, and in any event at least once every 12 months.

Where access is sought, we and our representatives will comply with all applicable requirements under the energy laws and will carry or wear identification, which will be shown on request.

We may be required by the energy laws or applicable regulations to replace a faulty or legacy meter with a digital (smart) meter. You may also request such a replacement at any time. Installation of a digital meter will require a temporary interruption to the supply of electricity at the premises, of which we will give you prior notice in accordance with the energy laws.

11. Retailer Planned Interruptions

We may arrange retailer planned interruptions to the supply of electricity to the premises where permitted under the energy laws for the purposes of installing, maintaining, repairing or replacing an electricity meter. Where a retailer planned interruption arranged by us will affect supply to your premises, we will:

(a)   seek your explicit consent to the interruption occurring on a specified date, or on any day within a specified 5 business day range; or

(b)   otherwise give you at least 4 business days’ notice of the interruption by mail, letterbox drop, press advertisement or other appropriate means.

Upon request, we will use reasonable endeavours to provide an explanation of any retailer planned interruption arranged by us. For interruptions arranged by your distributor, we may refer you to your distributor for further information.

12. Disconnection and Reconnection

12.1 Grounds for disconnection

Subject to the energy laws and to any applicable warning notice requirements, we may arrange for disconnection of supply where:

(a)   a bill remains unpaid by the pay-by date and (in the case of residential customers) you have not entered into or have failed to comply with a payment arrangement or assistance plan;

(b)   you have not provided a security deposit which we are entitled to require;

(c)   we are unable to obtain a meter read on three consecutive occasions due to lack of access to the premises;

(d)   you fail to grant safe and unhindered access to the premises as required under clause 10 or the energy laws;

(e)   electricity has been used illegally or fraudulently at the premises in breach of clause 15; or

(f)   we are otherwise entitled or required to do so under the energy laws.

12.2 Warning notices

Before arranging disconnection, we will comply with the warning notice requirements set out in the energy laws and, in the case of disconnection for failure to grant access, we will use reasonable endeavours to contact you to arrange an appointment for access to the premises in addition to any warning notice. We are not required to provide a warning notice prior to disconnection in certain circumstances, including where there has been illegal or fraudulent use of electricity at the premises or where there is an emergency or health and safety issue.

12.3 Protected periods

We will not arrange for disconnection during the protected periods prescribed under the energy laws, including (subject to the limited exceptions set out in those laws): on weekends and public holidays, on a Friday or the day before a public holiday, on a business day before 8:00am or after 3:00pm, between 20 and 31 December (inclusive), or during an extreme weather event where the disconnection is for non-payment. We will not disconnect any premises registered as having life support equipment.

Note (Victoria): In Victoria, the protected period for residential customers ends at 2:00pm on a business day (rather than 3:00pm). The extreme weather event protection above does not apply in Victoria. Disconnection for non-payment may not occur where you are receiving assistance under Part 6 of the Energy Retail Code of Practice and continue to comply with the terms of that assistance.

12.4 Reconnection

Where, within 10 business days of disconnection, you request reconnection, remedy the matter giving rise to the disconnection, and pay any applicable reconnection charge, we will request your distributor to reconnect your premises. Where these requirements are not satisfied within 10 business days, this contract may be terminated.

13. Security Deposits

We may require you to provide a security deposit in the circumstances permitted by the energy laws. Interest will be paid on any security deposit at the rate prescribed under the energy laws.

The security deposit, together with any accrued interest, may be applied to offset any amount owing under this contract where you fail to pay a bill resulting in disconnection, or in respect of a final bill. Where the security deposit is applied, we will advise you within 10 business days. The security deposit will otherwise be returned upon completion of one year of on-time payments (residential customers) or two years (business customers), or when you cease to purchase electricity from us. Where you provide no reasonable instructions on its return, we will credit the security deposit and any accrued interest to your next bill.

14. Concessions

By entering into this contract, you authorise us to make enquiries with Centrelink, the Department of Veterans’ Affairs and other relevant agencies for the purpose of determining your eligibility for any concession, rebate or assistance scheme. This authority may be withdrawn at any time, in which case you may be required to provide proof of eligibility directly.

15. Wrongful and Illegal Use of Electricity

You must not, and must take reasonable steps to ensure others do not:

(a)   illegally use electricity supplied to the premises;

(b)   interfere with, or permit interference with, any energy equipment at the premises except as permitted by law;

(c)   use electricity supplied to the premises, or any energy equipment, in a manner that unreasonably interferes with the connection or supply of electricity to another customer or causes damage or interference to any third party;

(d)   allow electricity purchased from us to be used otherwise than in accordance with this contract and the energy laws; or

(e)   tamper with, or permit tampering with, any meter or associated equipment.

16. Force Majeure

16.1 Effect of a force majeure event

Where either party is prevented from performing an obligation under this contract (other than an obligation to pay money) by reason of an event beyond that party’s reasonable control, that obligation is suspended for so long as the event continues to prevent performance. The affected party must use reasonable endeavours to give the other party prompt notice of the occurrence, 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 overcome or minimise those effects.

16.2 Widespread events

Where 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 means of a 24-hour telephone information service within 30 minutes of being advised of the event, or otherwise as soon as practicable.

16.3 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.

17. Privacy

We collect, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and our privacy policy, which is available on our website. By entering into this contract, you consent to the collection, use and disclosure of your personal information for the purposes of administering this contract and facilitating the supply of electricity to you, including disclosure to your distributor, the Australian Energy Market Operator, credit reporting bodies, and our service providers. Any questions in relation to our handling of your personal information may be directed to our privacy officer.

18. Notices and Bills

All notices and bills issued under this contract must be in writing, unless this contract or the energy laws otherwise allow. A notice will be deemed to have been received: on the date of personal delivery to the receiving party, or one of our offices (in our case), or on the second business day after posting; or on the date of successful electronic transmission, where the use of electronic communications has been agreed. Our contact details are set out on each bill, or as otherwise notified to you from time to time.

19. Complaints and Dispute Resolution

19.1 Lodging a complaint

Complaints relating to the sale of electricity under this contract or to this contract generally may be lodged with us in accordance with our standard complaints and dispute resolution procedure, which is published on our website.

19.2 Our obligations

Where you make a complaint, we will respond within the timeframes set out in our standard complaints and dispute resolution procedure and inform you of the outcome of the complaint and the reasons for our decision. Where you remain dissatisfied with our response, you have the right to refer the complaint to the Energy Ombudsman in your jurisdiction.

20. Energy Ombudsman

The independent Energy Ombudsman in each jurisdiction may be contacted as follows:

(a)   Victoria — Energy and Water Ombudsman Victoria, 1800 500 509, www.ewov.com.au

(b)   New South Wales — Energy & Water Ombudsman NSW, 1800 246 545, www.ewon.com.au

(c)   South Australia — Energy and Water Ombudsman SA, 1800 665 565, www.ewosa.com.au

(d)   Queensland — Energy and Water Ombudsman Queensland, 1800 662 837, www.ewoq.com.au

(e)   Tasmania — Energy Ombudsman Tasmania, 1800 001 170, www.energyombudsman.tas.gov.au

(f)   Australian Capital Territory — ACT Civil and Administrative Tribunal, 02 6207 1740, www.acat.act.gov.au

21. Variation, Retailer of Last Resort and General

21.1 Variation of this contract

This contract may be amended only in accordance with the procedures set out in the National Energy Retail Law (and, in respect of premises in Victoria, in section 40A of the Electricity Industry Act 2000 (Vic)). Any amendment will be published on our website.

21.2 Retailer of Last Resort

Where we cease to be authorised to sell electricity to you by reason of a Retailer of Last Resort event, we are required by the energy laws to provide your name, billing address and metering identifier to the retailer designated to assume responsibility for your supply, and this contract will terminate.

21.3 Performance by others

Some obligations under this contract may be performed by another person on our behalf. We are taken to have complied with an obligation where another person performs it on our behalf. Where the obligation is not complied with, we remain liable to you for the failure to comply.

22. Governing Law

This contract is governed by the laws in force in the State or Territory in which the premises are located.

23. Definitions and Interpretation

In this contract, unless the context requires otherwise:

Billing period means the regular recurrent period in respect of which a bill is issued.

Business customer means a customer who is not a residential customer.

Business day means a day other than a Saturday, Sunday or public holiday in the relevant State or Territory.

Customer connection contract means the contract between you and your distributor for the provision of customer connection services.

Customer hardship policy means the policy of that name published by us on our website, setting out the assistance available to residential customers experiencing payment difficulty due to hardship.

Disconnection means an action to prevent the flow of electricity to the premises (and does not include an interruption).

Distributor means the person who operates the network connecting your premises to the electricity distribution system.

Distributor planned interruption means an interruption for the planned maintenance, repair or augmentation of the transmission or distribution system (including planned maintenance of a meter, but excluding a retailer planned interruption), or for the installation of a new connection or a connection alteration.

Emergency means an emergency arising from the actual or imminent occurrence of an event that endangers or threatens to endanger the safety or health of any person, or the normal operation of the distribution or transmission system, or that destroys or damages, or threatens to destroy or damage, any property.

Energy laws means the National Energy Retail Law, the National Energy Retail Rules and, in respect of premises located in Victoria, the Electricity Industry Act 2000 (Vic) and the Energy Retail Code of Practice, together with the legal instruments made under those laws and rules.

Family violence policy means the policy of that name published by us on our website, setting out the assistance available to customers affected by family violence.

Force majeure event means an event outside the reasonable control of a party.

GST means the goods and services tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Interruption means a temporary unavailability or curtailment of the supply of electricity from a distribution system to a customer (and does not include disconnection).

Medical confirmation means certification from a registered medical practitioner of the requirement for life support equipment at your premises.

Pay-by date means the date by which a bill is payable, as specified on the bill, being not earlier than 13 business days after the date of issue.

Residential customer means a person who purchases electricity principally for personal, household or domestic use at their premises.

Retailer planned interruption means an interruption for the purpose of the installation, maintenance, repair or replacement of an electricity meter, which does not involve the distributor effecting the interruption and which is not an interruption planned by your distributor.

Retailer of Last Resort event means an event triggering the operation of the Retailer of Last Resort scheme under the energy laws.

Security deposit means an amount of money paid to us as security against non-payment of a bill, in accordance with the energy laws.

Small customer means a residential customer or a business customer who consumes electricity at or below the threshold prescribed under the National Energy Retail Law (or, in respect of premises located in Victoria, a domestic or small business customer as defined in the Electricity Industry Act 2000 (Vic)).

Standing offer prices means the tariffs and charges that we charge for, or in connection with, the sale and supply of electricity under this contract, as published on our website.