origin Virtual Power Plant Instructions

origin Virtual Power Plant

Specifications

• Contract Terms: Automatic Extension by providing 10 Business Days’ notice.
• Eligibility Criteria:
  • You or other occupants residing at the Installation Address do not require life support equipment or otherwise rely on electricity for critical needs.
  • You have a Battery Contract with us.
  • You have an Electricity Supply Agreement with us for electricity retail services.
  • You have broadband services at the Installation Address with an internet modem with a spare ethernet portal and Wi-Fi connectivity.
  • You have a smart meter at the Installation Address.
• Initial Term: 60 months (5 years) from the date the Battery is installed and operational.
• Early Termination Fee: Calculated under clause 11.3.

Benefits
In exchange for entering into this contract, we agree to provide you with a VPP Discount.

Product Usage Instructions

Eligibility Criteria
To use this product, you must meet the following eligibility criteria:

• You or other occupants residing at the Installation Address do not require life support equipment or otherwise rely on electricity for critical needs.
• You have a Battery Contract with us.
• You have an Electricity Supply Agreement with us for electricity retail services.
• You have broadband services at the Installation Address with an internet modem with a spare ethernet portal and Wi-Fi connectivity.
• You have a smart meter at the Installation Address.

Conditions Precedent
Before this contract takes effect, the following conditions precedent must be met:

• You have a Battery Contract with us.
• You have an Electricity Supply Agreement with us for electricity retail services.
• You have broadband services at the Installation Address with an internet modem with a spare ethernet portal and Wi-Fi connectivity.
• You have a smart meter at the Installation Address.

Contract Terms
This contract consists of the Contract Terms and the Details Section. The contract starts on the later of:

1. The day we receive your agreement to this contract in the form of a signed copy of the Details Section or an email stating you agree to the contract.
2. The day you meet all the conditions precedent in clause 2.2.

Discounts and Benefits
In exchange for entering into this contract, we agree to provide you with a VPP Discount. If you do not comply with your obligations under clause 2.3 and clauses 4-7, we may suspend any benefit we provide to you until you comply with those obligations to our satisfaction.

Control of the Battery and Origin Obligations

• By agreeing to this contract, you give us control of the Battery and allow us to remotely access and control it at any time during the term. This includes charging or discharging part or all of your Battery to the national electricity grid and preserving capacity in the Battery for your consumption at times determined by us.
• Over any 12 months under this contract, we will not discharge more than 200 kWh of electricity from your Battery to the grid. We will set the software we use as part of the VPP to optimize the charging of your Battery, maximizing the storage of excess electricity from your solar system and ensuring the Battery charge is available when you typically use it.
• Please note that our remote access and control of your Battery may result in less capacity being available for your household usage from time to time

Contract Terms

1. This Contract

2. This Contract consists of these Contract Terms and the Details Section.

3. This Contract starts on the day which is the later of:

4. a) the day we receive your agreement to this Contract in the form of a signed copy of the Details Section or an email stating you agree to the Contract; and

5. b) the day you meet all of

6. c) the conditions precedent in clause 2.2.

7. You acknowledge and agree that due to the Benefits provided by Us (outlined in clause 3) this Contract is intended to continue for an initial term of 60 months (5 years) from the date the Battery is installed and operational (Initial Term). If you are likely to move house or energy suppliers during the Term, the VPP is not suitable for you.

8. You acknowledge that terminating before the end of the Initial Term may be subject to the payment of the Early Termination Fee calculated under clause 11.3.

9. After the Initial Term, the Contract will automatically extend on a 12-month basis (Automatic Extension) until either party elects to terminate the Contract under clause 11. We will give you  20 Business Days’ notice before the end of the Initial Term and you may elect to opt out of the Automatic Extension. We may offer a new benefit as part of the Automatic Extension. We will notify you each year that the Contract is automatically extended, and you may elect to terminate at any time during the period of Automatic Extension by providing 10 Business Days’ notice.

10. Conditions Precedent and eligibility
    You must meet the following eligibility criteria:

11. • a) You or other occupants residing at the Installation Address do not require life support equipment or otherwise rely on electricity for critical needs.

12. The following conditions precedent must be met to Origin’s satisfaction before this Contract takes effect:

  *  **a)** you have a Battery Contract with us;
  *  **b)** you have an Electricity Supply Agreement with us for electricity retail services;
  *  **c)** you have broadband services at the Installation Address with an internet modem with a spare ethernet portal and with Wi-Fi connectivity;
  *  **d)** you have a smart meter at the Installation Address.
3. You must continue to meet the eligibility criteria set out in clause 2.1 and the conditions precedent set out in clause 2.2 at all times during the Term.

3. Discounts and other Benefits
4. In exchange for you entering into this Contract, we agree to provide you with a VPP Discount.
5. If you do not comply with your obligations under clause 2.3 and clauses 4 -7, we may suspend any benefit, we provide to you until you comply with those obligations to our satisfaction.
6. You give us control of the Battery and Origin obligations
7. You agree that we may remotely access and control your Battery at any time during the Term. For example, we may:

  *  **a)** charge part or all of your Battery or discharge part or all of your Battery to the national electricity grid at any time; and
  *  **b)** preserve the capacity in the Battery so that it can be used for your consumption at times determined by us.
2. For any 12 months under this Contract, we will not discharge more than 200 kWh of electricity from your Battery to the grid.
3. Subject to our use in clause 4.1 of Your Battery, we must set the software we use as part of the VPP – to optimize the charging of your Battery:
  *  **a)** to maximize the storage of excess electricity from your solar system; and
  *  **b)** so that the Battery charge is available when you typically use it.
4. You acknowledge that our remote access and control of Your Battery may mean there will be less capacity available for Your household usage from time to time.
5. We must ensure that your household power supply will not be interrupted when we access or control your Battery.
6. We must only access and discharge your Battery under the preconditions of the manufacturers’ warranty and the User manual and installation guidance (to the extent applicable).
7. The software system we use to control Your battery may require the installation of ‘Node Controllers’ that will remain our property. You agree we may install the Node Controllers prior
8. to installation of the Battery at your Installation Address. We may remove them at any time. If  

we cause any damage when we do this, we will arrange for that damage to be repaired to the extent we caused it.

5. Monitoring and maintenance of the solar system and Battery
6. You must maintain the solar system and Battery and use reasonable endeavours to ensure they are fully operational at all times during the Term.
7. Please notify us if you identify a fault or problem with your solar system or Battery within 2 Business Days (in case we have been unable to identify it).
8. You must take reasonable steps to ensure that all faults or defects with the solar system and Battery are repaired or rectified promptly.
9. Maximising performance of the solar system and Battery
10. You must take reasonable steps to maximise the generation of electricity by your solar system and the amount of sunlight it has access to, including keeping trees, bushes and hedges at the Installation Address trimmed.
11. You must not omit to do anything or allow anyone else to do anything (to the extent it is within your control) that would reduce the output of your solar system. This includes not erecting or modifying any building or structure (for example, an air conditioner unit or aerial) that would shade your solar system.

Your other obligations

You must

• a) let us know if you add, or intend to add, additional solar generation or battery storage capacity at the Installation Address or if the Battery or solar system will be unavailable for use at any time;
• b) let us know immediately if any of your details or circumstances change, or if you no longer meet the eligibility criteria or conditions precedent;
• c) provide us access to the Installation Address and Battery at reasonable times if we need to access in connection with this Agreement (we will contact you first to organize a suitable time);
• d) take reasonable steps to limit any loss or damage you suffer in connection with this Contract;
• e) allow us to use your broadband services in connection with this Contract; and
• f) agree that communications about our access and control of the Battery (if any) will be by SMS or email.

Our liability and compliance with regulatory requirements

Subject to clause 8.2, we accept liability to you to the extent we cause that loss or damage because we breach this Agreement. However, to the extent permitted by law, we’re not liable to you for any:

• a) loss or damage in connection with or arising out of this Agreement other than as described in clause 8.1 above;
• b) Excluded Loss;
• c) loss or damage to the extent that it results from your failure to take reasonable steps to avoid or minimize your loss or damage.

We must comply with the regulatory requirements which apply to us in connection with this Contract.

Your privacy and data

We collect, use, hold, and disclose your personal information to provide you with services in connection with the VPP. We may disclose this information to our Related Companies, our agents and contractors (such as software providers and mail houses), your distributor, relevant government authorities, other energy retailers and, in certain circumstances, a credit reporting agency. If you don’t provide this information to us, we may not be able to provide our products or services to you. Where possible, we’ll collect this information from you, but we may also get it from third parties. Our detailed privacy statements are available at www.originenergy.com.au/privacy. Please contact us to request a paper copy.

From time to time we’ll let you know about our products and offers, even after this agreement ends. If at any time you decide you don’t want to receive these offers, please let us know. You can do so by filling in the form at
https://www.originenergy.com.au/forms/contact-preferences/. We’ll keep providing you with these offers until You tell Us otherwise.

In order for you to participate in the VPP, you agree we can provide Your personal information and data relating to Your Battery, your solar PV system, and Your electricity usage to our third-party contractors, under our privacy statements, available at www.originenergy.com.au/privacy.

You acknowledge and agree that We may use a third-party service provider or hardware to connect to your battery as part of Your VPP Connection. You consent to Us using data collected by that third party to enable your participation in the VPP. This data collected from third parties could include but is not limited to, generation, export, consumption, import, charging, discharging, and event information regarding Your VPP Connection.

Variation to terms

We may vary this Contract by providing You with 20 Business Days’ notice for the following reasons:

• a) if a Change of Law which affects this Contract or our performance of it occurs; or
• b) if there is no detriment to You; or
• c) subject to clause 11.1(c), if there is a material detriment and You agree to the change by continuing to participate in our VPP program after We give You such notice.

Termination

You may only end this Contract if

• a) subject to clause 11.3, at any time You give Us 20 Business Days written notice delivered to [email protected]; or
• b) we breach this Contract or the Battery Contract; or
• c) we give you notice of a proposed variation to this Contract under clause 10.1 which has a detriment to You and You do not accept that variation by terminating this Contract.

We may end this Contract if:

• a) You breach this Contract or the Battery Contract;
• b) You sell or move out of the Installation Address;
• c) You no longer meet the eligibility criteria or conditions precedent; or
• d) by giving You 20 Business Days’ notice if We decide not to continue with the VPP or not to offer a similar ongoing product after the VPP ends.

An Early Termination Fee will apply if:

• a) you end this Contract before the end of the Initial Term, other than in accordance with clause 11.1(b) and (c); or
• b) we end this Contract in accordance with clause 11.2(a), (b), or (c).

Notices

1. Subject to clause 7.2(g), we’ll send you notices in writing:
   • a) personally;
   • b) by post, addressed to the address you nominate. We’ll consider that you’ve received the notice on the second Business Day after we post it;
   • c) by e-mail if you’ve provided us with an
   • d) email address. We’ll consider that you’ve received the email the day after we send it to the email address you provided;
   • e) by a message on your electricity bill; or by sending you an electronic message (eg email or SMS) letting you know that we are making a change or notifying you about something to do with your account and where you can find details of it (eg our website). We’ll only do this if it’s reasonable in the circumstances and not prohibited by the regulatory requirements.
2. If you do not choose an address for notices or we can’t contact you at that address (eg the notice is returned to us), we may send the notice to the Installation Address and you’ll be deemed to have received it.
   Version December 2023

Miscellaneous

• Unless You and us agree otherwise in writing, this Contract sets out the entire agreement between you and us. To the extent permitted by law, all implied terms are excluded.
• If any part of this Contract is unlawful, unenforceable or invalid, that part will not apply, but the rest of this Contract will continue unchanged.
• This Contract is governed by the laws of the State in which the Installation Address is located.

Definitions

• This clause contains definitions for all words that begin with a capital letter (other than where the capital letter appears for reasons of punctuation).
• Battery means the battery system set out in the Details Section
• Battery Contract means the contract for the sale and installation of the Battery between you and us.

Change of Law means:

• (a) any law, regulation, rules, code, or sub-code being introduced, taking effect, commencing, amended, or repealed in whole or in part after this Contract starts;
• (b) a change to any Tax applicable on the date this Contract starts, including the imposition of any new Tax, a variation to the rate of any Tax, or a variation to the basis on which a Tax is levied or calculated;
• (c) a variation in the interpretation or administration of a law or regulation by a governmental agency or body or a court or tribunal after this Contract starts; or
• (d) a scheme that provides for us to gain or hold any license, permit or authorization or providing for us to purchase, hold or surrender any certificate, permit, or instrument, or directly or indirectly imposes costs, including costs passed through from third parties, on us being introduced, taking effect, commencing, amended or repealed in whole or in part after this Contract starts; except to the extent that such imposition, amendment, repeal, variation or introduction relates to income tax (as

1. Contract means the Contract Terms and Details Section.
2. Contract Terms means this document.
3. Details Section means the document entitled
4. ‘Details Section ’ provided to you with these Contract Terms.

Early Termination Fee means an amount equal to: (VPPd/tTm) x rm

Where:

• VPPd means the VPP Discount
• tTm means total Initial Term in months; and
• rm means months remaining in the Term.

Electricity Supply Agreement means an agreement between you and us for the sale of electricity at the Installation Address.

Excluded Loss means:

• (a) loss of profit, revenue, or anticipated savings;
• (b) loss or denial of opportunity;
• (c) loss of access to markets;
• (d) damage to credit rating or goodwill;
• (e) financing costs;
• (f) special, incidental or punitive damages; or
• (g) any loss or damage arising from special circumstances that are outside the ordinary course of things, however arising in respect of any circumstances under or about this Agreement, and regardless of the basis on which a claim for same is made (including negligence or breach of law or contract).

Initial Term means the period described in clause 1.3.
Installation Address means the property specified as the installation address in the Details Section and where the Battery is installed. defined in the Income Tax Assessment Act 1997 (Cth)).
Origin means Origin Energy Electricity Limited (ABN 33 071 052 287) (and includes references to ‘us’,
‘we’ or ‘our’).
Origin Company means Origin and any of its Related Bodies Corporate.
Related Bodies Corporate has the meaning given in the Corporations Act 2001 (Cth).
Related Company means any company:

• (a) which is an Origin Company;
• (b) in which an Origin Company has an interest, such as a
• (c) joint venture; or
• (d) with whom an Origin Company has a commercial relationship Tax means any royalty (whether based on value, profit or otherwise), tax, excise, levy, fee, rate, duty, charge or cost levied, charged or imposed on us or any third party by any governmental agency, or other body authorized by law to impose it and the cost of any certificate or instrument required to be acquired.

1. Term means the Initial Term and any Automatic Extension.
2. VPP means Origin’s virtual power plant in which Origin plans to create a virtual power plant using batteries connected to solar systems.
3. VPP Connection means the connection of Your Battery to the VPP to enable Your connection to the VPP and to give Origin the ability to manage Your electricity supply in accordance with the terms of Your Electricity Supply Agreement and the terms of this Contract.
4. VPP Discount means an upfront discount equal to $1500 (inclusive of GST) applied to the total Contract price.
5. You (or ‘your’) has the meaning given to it in the Details Section.

FAQ

• Q: What are the eligibility criteria for using this product?
  • A: The eligibility criteria include not requiring life support equipment or relying on electricity for critical needs, having a Battery Contract, having an Electricity Supply Agreement with us, having broadband services with specific requirements, and having a smart meter at the Installation Address.
• Q: What happens if I don’t comply with my obligations under the contract?
  • A: If you fail to comply with your obligations under the contract, we may suspend any benefits provided to you until you comply with those obligations to our satisfaction.
• Q: Can I terminate the contract before the end of the Initial Term?
  • A: Terminating before the end of the Initial Term may be subject to the payment of the Early Termination Fee calculated under clause 11.3.

References

• Privacy - Origin Energy

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