Updated Date: 24 July 2026
These terms and conditions apply to a market 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”.
This contract, together with the Energy Plan provided to you (which sets out the prices, fees and any plan-specific features applicable to your account), forms the entire agreement between us for the sale of electricity at your premises.
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.
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 have accepted one of our market offers.
This contract commences on the date you accept our offer (the Acceptance Date), whether by signed acceptance, online acceptance, or verbal acceptance via telephone. Acceptance is subject to satisfactory completion of any pre-conditions set out in the energy laws, including identity verification and a successful credit assessment.
Notwithstanding clause 2.1, the supply of electricity will commence on the agreed connection date or, where you are transferring to us at an existing connection, on the day following the next scheduled meter read.
This contract terminates on the earliest of the following:
(a) a date specified in a notice from you, being not less than 5 and not more than 20 business days after the date of the notice;
(b) the date on which responsibility for the supply of electricity at the premises is transferred to another retailer;
(c) the date occurring 10 business days after disconnection at your request;
(d) the date you cease to be a small customer;
(e) the date another person commences purchasing electricity at the premises; or
(f) the date a new agreement between you and us commences.
Termination of this contract does not affect any rights or obligations that have accrued prior to termination, including any obligation to pay outstanding amounts.
You may cancel this contract within 10 business days of the Acceptance Date (or, if later, the date you receive a copy of this contract) by notifying us by telephone or by submitting a written cancellation notice. Where supply has commenced during the cooling-off period, we may charge you for electricity consumed during that period.
Where you intend to vacate the premises, you must provide us with notice in accordance with clause 2.3(a) and a forwarding address for the issue of your final bill. Where you fail to provide such notice or to grant access to your meter for a final read, you remain liable for charges in respect of electricity consumed at the premises until the meter is read or this contract otherwise terminates.
The tariffs and charges payable for the sale of electricity under this contract are set out in your Energy Plan. All amounts are inclusive of GST.
We may vary the tariffs and charges set out in your Energy Plan, or introduce new charges, where permitted by the energy laws — including (without limitation) to recover changes in our wholesale electricity costs, network or metering charges, environmental scheme costs, or to reflect changes in any law, regulatory requirement or tax.
We will provide you with notice of any variation to your tariffs and charges at least 5 business days before the variation takes effect, except where the energy laws permit a shorter period (in which case notice will be given as soon as practicable, and in any event no later than your next bill).
Where we vary your tariffs and charges and you give notice of termination under clause 2.3(a) within 20 business days of receiving notice of the variation, no exit fee will be payable.
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 email address (where you have consented to electronic communications) or otherwise to your nominated postal address.
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 tariffs and charges set out in your Energy Plan, charges payable to your distributor, and any other amounts owing under this contract.
Where a meter read cannot be obtained, 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.
Each bill is payable in full by the due date specified on the bill, which will be no earlier than 7 business days after the date of issue. Payment may be made by any method specified on the bill.
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. Residential customers experiencing payment difficulty are entitled to assistance under our customer hardship policy and, in respect of premises located in Victoria, under Part 6 of the Energy Retail Code of Practice. Our customer hardship policy is published on our website.
Where a bill remains unpaid after the due date and no payment arrangement has been entered into, we may, subject to the energy laws:
(a) charge a late payment fee where one is provided for in your Energy Plan;
(b) apply any security deposit held in accordance with clause 12;
(c) arrange for disconnection of supply in accordance with clause 10; and/or
(d) terminate this contract.
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, you may be required to pay the cost of the test where the meter is found to be operating correctly. Where the meter is found to be faulty, the cost will be borne by us and the bill will be adjusted accordingly.
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 22).
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 (or 4 months in respect of premises located in Victoria), unless the undercharge is attributable to your act or omission. No interest is payable on undercharged amounts, and instalment arrangements will be offered.
Where we have overcharged you, we will refund or credit the overcharged amount. Where the overcharged amount is equal to or greater than the threshold prescribed under the energy laws, we will notify you within 10 business days of becoming aware of the overcharge.
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 after the due 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) electricity has been used illegally or fraudulently at the premises, or any meter or related equipment has been tampered with; or
(e) we are otherwise entitled or required to do so under the energy laws.
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 the day before a public holiday, between 20 and 31 December (inclusive), or outside business hours. We will not disconnect any premises registered as having life support equipment.
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 arrange for reconnection. Where these requirements are not satisfied within 10 business days, this contract may be terminated.
Where any person residing or intending to reside at the premises requires life support equipment, you must notify us as soon as possible and register the premises. Registration requires 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.
In respect of registered premises, we will provide general advice regarding possible supply interruptions, not less than 4 business days’ written notice of any interruption planned by us, information to assist in the preparation of an action plan for unplanned interruptions, and an emergency contact number. You must notify us if life support equipment is no longer required at the premises.
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 (and any accrued interest) may be applied against any amount owing under this contract, and 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.
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.
You must:
(a) provide accurate information to us, and ensure that your contact details, billing details and details of the use of electricity at the premises remain current;
(b) notify us promptly of any material change in the use of electricity at the premises (including the commencement of any business activity) or in access to the meter;
(c) not use electricity unlawfully, tamper with any meter or related equipment, or interfere with electrical equipment except as permitted by law; and
(d) ensure that any work performed on electrical installations or appliances at the premises is undertaken by an accredited electrician.
You acknowledge that the physical supply of electricity to the premises is the responsibility of your distributor and may be subject to interruption or variation in voltage, frequency or quality due to factors outside our control. We do not warrant the continuity, quality or reliability of supply.
To the extent permitted by law, we exclude all liability for loss or damage arising from any interruption to, defective supply of, or variation in the supply of electricity to the premises, except where such loss or damage results from our bad faith or negligence. 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.
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 notify the other party promptly and use reasonable endeavours to overcome or minimise the effects of the event. Where the effects of a force majeure event are widespread, notice may be given by means of a 24-hour telephone information service.
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.
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. We will respond to complaints within the timeframes set out in that procedure and will provide you with reasons for our decision. If you remain dissatisfied with our response, you may refer the complaint to the Energy Ombudsman in your jurisdiction.
All notices and bills issued under this contract must be in writing. A notice will be deemed to have been received: on the date of personal delivery; on the second business day after posting; or on the date of successful electronic transmission, where you have consented to the use of electronic communications. Our contact details are set out on each bill.
This contract may be varied only with your agreement, except where variation is required by law or where, in our reasonable opinion, the variation confers an additional benefit on you, imposes an additional obligation on us, or is of neutral effect. Any variation will be published on our website.
You may not assign or novate this contract without our prior written consent. We may assign or novate this contract to a related body corporate, or in connection with the sale or transfer of all or a substantial part of our retail business, on notice to you.
Where we cease to be authorised to sell electricity to you by reason of a Retailer of Last Resort event, we are required by law to provide your name, billing address and metering identifier to the retailer designated to assume responsibility for your supply, and this contract will terminate automatically.
In the event of any inconsistency between these terms and conditions and your Energy Plan, the Energy Plan prevails. Any matter required by the energy laws to be included in this contract that is not expressly addressed is taken to be incorporated as a term of this contract.
This contract is governed by the laws in force in the State or Territory in which the premises are located. Where the contract relates to premises in more than one State or Territory, it is governed by the laws of Victoria, but the energy laws of each relevant State or Territory continue to apply to the premises located there.
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
This clause applies where the Energy Plan applying to your account is the AI Automate Plan. It sets out how that plan works and the authority you give us to operate your battery. It applies in addition to the rest of this contract; if there is any inconsistency, this clause prevails for matters it deals with.
To be on the AI Automate Plan you must: (a) have your premises located in Victoria; (b) have rooftop solar and a compatible home battery; and (c) have a supported smart meter. No other equipment or account is required.
The AI Automate Plan is delivered through Figgy, our automated energy-management service, which operates your battery each day to lower your electricity costs. The Figgy service is charged at the amount set out in your Energy Plan and is billed together with your electricity charges as part of your single monthly Fig bill. We sell electricity in Victoria under the retail authorisation of Online Power and Gas Pty Ltd, and provide and operate the Figgy service in that capacity.
Each day is classified as a Flow Day, a Boost Day or a Surge Day. Figgy notifies you in advance of the next day’s type and what your battery will do.
(a) Flow Day — the default day. On a Flow Day, Figgy automatically charges your battery from the grid for up to 5 hours at the off-peak Usage Charge shown in your Energy Plan (currently 6¢/kWh). A Flow Day is the standard day: it applies automatically and is not subject to your acceptance and cannot be declined.
(b) Boost Day — a credit day. If you accept a Boost Day, a Participation Credit is applied to your account for that day (clause 23.6).
(c) Surge Day — a premium credit day. If you accept a Surge Day, a higher Participation Credit applies, together with an Export Credit for electricity your battery exports during the peak window (clause 23.6).
You may decline any Boost Day or Surge Day. Declining does not affect your plan, your prices or any other charge. You may choose to have Boost and Surge Days accepted automatically (auto-accept), and you may turn auto-accept off at any time.
By accepting the AI Automate Plan, you authorise us to monitor and control your battery and inverter for the purpose of delivering the plan — including to charge the battery from the grid or your solar, hold stored energy, discharge it to supply your premises, and export energy to the grid. This authority takes effect when you accept the plan, continues while you remain on the AI Automate Plan, and ends when you cease to be on that plan (clause 23.8).
In operating your battery under clause 23.4, we will:
(a) maintain a reserve of stored energy sufficient to meet your needs, as managed by the AI Automate Plan;
(b) not use our access to disable your battery or to prevent you from drawing on your own stored energy; and
(c) operate your battery within the manufacturer’s specifications and any applicable warranty and safety requirements.
We do not share your battery with other customers. Our operation of your battery is limited to charging and discharging it and, on occasion, exporting energy from it to the grid.
(a) On a Boost Day or a Surge Day, a Usage Cap applies. Your Usage Cap is the quantity of grid electricity, measured at your meter, that is charged to you at your usual Usage Charges on that day. It is not a limit on the electricity you may use: we continue to supply electricity to your premises as usual, and any usage above your Usage Cap is charged in accordance with paragraph (c).
(b) We determine your Usage Cap as the greater of: (i) our forecast of your consumption for that day; and (ii) the quantity of energy your battery is able to shift, being its usable storage capacity, limited by the quantity it is able to charge during the off-peak charging window. Your Usage Cap is never set below our forecast of your consumption for that day.
(c) If the grid electricity used at your premises on that day exceeds your Usage Cap, your electricity supply is not interrupted or reduced. Only the portion of the excess that your premises consumed is charged, at the peak Usage Charge set out in your Energy Plan. Any portion of the excess that was grid electricity we imported to charge your battery under Figgy’s control is not charged.
(d) Where you accept a Boost Day or a Surge Day, a Participation Credit is applied to your account in the amount set out in your Energy Plan and in the notification for that day.
(e) Where you accept a Boost Day or a Surge Day, a Smart Charge Credit may also be applied, being the difference between the Usage Charges you are billed for grid electricity used to charge your battery under Figgy’s control and the
lower cost at which we purchased that electricity, as set out in the notification for that day.
(f) Where you accept a Surge Day, an Export Credit applies to electricity exported from your battery during the peak window, at the rate set out in the notification for that day.
To provide the AI Automate Plan you authorise us to access and use (a) your electricity metering and interval data and (b) operating data from your battery and inverter, including through any connected monitoring platform. We use this data to operate Figgy, calculate your credits and improve the service. Our handling of your personal information is governed by clause 17 (Privacy).
We may update how Figgy operates from time to time, acting reasonably and without materially reducing the core benefit of the plan. If you move off the AI Automate Plan, or this contract ends, our authority to operate your battery under clause 23.4 ends.
When you first join, an initial learning period of up to 7 days applies, during which Figgy assesses your solar generation, battery behaviour and consumption patterns. No Boost Days or Surge Days are offered during the learning period. For each day of the learning period, a credit of $0.50 is applied to your account. After the learning period, Figgy continues to refine its assessment of your premises on an ongoing basis.
In this contract, unless the context requires otherwise:
Acceptance Date means the date on which you accept our offer in accordance with clause 2.1.
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.
Distributor means the person who operates the network connecting your premises to the electricity distribution system.
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.
Energy Plan means the document of that name forming part of this contract, as amended or replaced from time to time, which sets out the prices, fees and any plan-specific terms applicable to your account.
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).
Residential customer means a person who purchases electricity principally for personal, household or domestic use at their premises.
Retailer of Last Resort event means an event triggering the operation of the Retailer of Last Resort scheme under 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 means the tariffs, terms and conditions published by us under section 22 of the National Energy Retail Law (or section 35 of the Electricity Industry Act 2000 (Vic), as applicable).
AI Automate Plan means the Fig Energy AI Automate Plan (the Flow, Boost and Surge plan) delivered through the Figgy service, being an Energy Plan under this contract.
Boost Day means a day on which, if you accept, a Participation Credit applies (clause 23.3(b)).
Export Credit means the credit that applies to electricity your battery exports during the peak window on an accepted Surge Day (clause 23.6(f)).
Figgy means our automated energy-management service that operates your battery under the AI Automate Plan.
Flow Day means the default day, on which Figgy charges your battery from the grid at the off-peak Usage Charge and which cannot be declined (clause 23.3(a)).
Learning period means the period of up to 7 days after you join during which Figgy assesses your premises before Boost Days and Surge Days are offered (clause 23.9).
Participation Credit means the credit applied to your account for accepting a Boost Day or a Surge Day (clause 23.6(d)).
Smart Charge Credit means the credit applied to your account on a Boost Day or Surge Day, being the difference between the Usage Charges you are billed for grid electricity used to charge your battery under Figgy’s control and the lower cost at which we purchased that electricity (clause 23.6(e)).
Surge Day means a premium credit day on which, if you accept, a higher Participation Credit and an Export Credit apply (clause 23.3(c)).
Usage Cap means the maximum quantity of grid electricity, measured at your meter, supplied at your usual Usage Charges on a Boost Day or Surge Day, determined in accordance with clause 23.6(b).
Usage Charge means a charge for electricity consumed, as set out in your Energy Plan.
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ABN 13 688 813 354
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