GreenDeal

Terms of Use

NSW Installer Terms and Conditions(PRCs and ESCs)

Terms of Use

1. Background

(a) These Terms of Use (Terms) are a legal agreement between you or your transferees, assigns and successors in title (User, you or your) and OSW(us, we or our) in relation to your access to and use of:
- (i) the GreenDeal services available on the Website (Portal); and
- (ii) the application known as 'GreenDeal Solar App' which is operated by us (App),
together, the Platforms.
(b) These Terms also apply to all Upgrades we make to the Platforms from time to time.
(c) If the services relate to small scale technology certificates (STCs), other terms and conditions contained in the STC Trading Terms and Conditions, located at https://www.greendeal.com.au/tradingtermsandconditions also form part of our agreement with you, and the STC Trading Terms and Conditions prevail to the extent of any inconsistency with these Terms.
(d) If the services relate to peak demand reduction certificates (PRCs) and/or energy savings certificates (ESCs) and we are the Accredited Certificate Provider (ACP), other terms and conditions contained in the PRC and ESC Trading Terms and Conditions, located at https://www.greendeal.com.au/tradingtermsandconditions also form part of our agreement with you, and the PRC and ESC Trading Terms and Conditions prevail to the extent of any inconsistency with these Terms.
(e) If the services relate to PRCs and/or ESCs, we may provide you with access to and use of the Platforms to input Installation Data and facilitate the transfer of the Installation Data to an ACP Partner who is responsible for creating, registering and trading PRCs and/or ESCs based on the Installation Data, and the terms and conditions of that the ACP Partner will also apply to you as between you and the ACP Partner.
(f) If you are accessing or intending to access the OSW Website or receive services from OSW, you acknowledge and agree that access to the OSW Website or receipt of services from OSW will be subject to the further terms as set out on the OSW Website.

2. Accounts

2.1 Creation of account

(a) To utilise the services in the Platforms, you will need to register a GreenDeal Account with us by completing an online registration form. To be eligible for a GreenDeal Account, you must:

(i) be over 18 years old;
(ii) have all legal and necessary rights, power, capacities and authority to enter into these Terms and to perform the obligations required of you under these Terms; and
(iii) accurately complete all required information on the online registration form.

(b) You must not use a false identity to create a GreenDeal Account, or falsely state, impersonate or otherwise misrepresent your identity when creating the GreenDeal Account.
(c) If you already hold an OSW Account, you may also be able to link your GreenDeal Account with your OSW Account. If you utilise this service, you consent to any information about you or provided by you or your Personnel that is held by OSW under the OSW Account being made available to us.

2.2 Acceptance of account

(a) We may at our discretion accept or deny your application to create a GreenDeal Account. Once your application is accepted by us, you may use the Platforms in accordance with these Terms.
(b) You must not:

(i) sell, lease, license, rent, loan, trade, share, timeshare or otherwise transfer or deal with your GreenDeal Account to another party; or
(ii) allow any third party to access your GreenDeal Account.

2.3 Suspension and termination of account

(a) We may at any time modify, restrict, suspend, discontinue, terminate or close your GreenDeal Account or any part of the services in the Platforms without notice at any time and without any liability to you, including without limitation, if:

(i) a Potential Breach has occurred;
(ii) there is any Defective Installations;
(iii) you have made or used abusive, threatening, derogatory or defamatory statements/comments to us;
(iv) in our sole discretion, that doing so is necessary to enforce these Terms and/or our other terms and policies that you have agreed to; or
(v) in our opinion, any suspicious behaviour by you may result in any damage, loss or liability to us.

3. Users

3.1 Types of users

(a) The way in which you use the Platforms will depend on whether:

(i) you are a retailer intending to sell or assign its rights in STCs or act as a representative in relation to the creation and registration of PRCs or ESCs via the Platforms (Retailer);
(ii) you are an installer engaged by a Retailer to install or implement certain equipment at an agreed location with the Retailer's end customer and/or have registered as an installer via the Platforms (Installer);
(iii) you are a designer engaged by a Retailer to design the installation of certain equipment at an agreed location with the Retailer's end customer and/or have registered as a designer via the Platforms (Designer); or
(iv) you are an electrician engaged by a Retailer or an Installer to install, implement or otherwise certify the installation or implementation of certain equipment at an agreed location with the Retailer's end customer and/or have registered as an electrician via the Platforms (Electrician).

(b) For the purpose of these Terms, Retailers, Installers, Designers and Electricians will together be referred to as Users.
(c) The Users shall bear several and joint liabilities with its Personnel.

3.2 Installation Data

Without limiting any other obligations in these Terms, each User:
(a) must provide the Installation Data relevant to that User as set out in the Platforms as soon as possible after each relevant installation is completed;
(b) must provide additional information in connection with the Installation Data upon reasonable request by us at any time;
(c) warrant that, by providing your signature in the Platforms or otherwise providing any certification or declarations in the Platforms:

(i) you hold all licences, certifications, approvals, authorisations and other permits applicable in connection with the Installation Data;
(ii) all Installation Data and any other declarations provided by you through or in connection with the Platforms are true, accurate, complete and up-to-date in all respects; and
(iii) you hold all necessary and lawful consents and other authorisations to enable lawful transfer of the Installation Data to us through the Platforms for the duration and purposes of these Terms so that we may lawfully use, process and transfer such Installation Data. In particular, if you:

1) take photographs of the products installed at the Installation Address;
2) take photographs of the Owner for witnessing purposes, recording the Owner's signature assigning his or her or their rights in the potential STC, nominating the relevant ACP as nominated capacity holder or energy saver in the PRC or ESC or its declarations; or
3) electronically record the signature of the Owner, you must obtain or ensure you obtain the Owner's express consent with respect to:

a. the taking or recording of such Installation Data or signature prior to providing and uploading such Installation Data or signature to the Platforms; and
b. the right to access, preserve, store, use, adapt, compile, disclose, share, transfer or deal with such Installation Data or signature by us in accordance with our Privacy Policy;

(d) is responsible for the content of any Installation Data that is uploaded by you or on your behalf and to the extent permitted by law, we take no responsibility for the accuracy or the content of the uploaded Installation Data; and
(e) warrant that all information and data you provide to us, and our use of such content, will not infringe the Intellectual Property Rights or any other rights of any third party.

3.3 Content of Data

(a) In relation to the trading of STCs, we have no obligations to submit the Installation Data to CER and have the right to withdraw any submission to CER in our sole discretion. We will only submit any Installation Data to CER if we reasonably believe the Installation Data complies with the requirements of REE Legislation and we are satisfied with the Installation Data.
(b) If the CER refuses or fails any STC application because any of the Installation Data submitted by you is misrepresented or otherwise not correct, we shall have no liability to you.
(c) We will only create or facilitate creation of a PRC or ESC if we reasonably believe that the Installation Data complies with the requirements of the regulatory requirements.
(d) You acknowledge that IPART may revoke or cancel registration of a PRC or ESC. If the PRC or ESC is revoked or cancelled by IPART because any of the Installation Data submitted by you is misrepresented or otherwise not correct, we shall have no liability to you.
(e) If the Installation Data you upload contains any Malware, we will not be responsible for any costs, losses and/or damages sustained by you and you indemnify us against any such claims. You further indemnify us against all costs, losses and/or damages that we may sustain arising from your breach of this clause.
(f) We expressly assume no responsibility for, without limitation, backing up your Installation Data or damage to your Installation Data. You are responsible for ensuring that you have any necessary backup of all Installation Data and Documentation.

4. Collection of Installation Data in relation to PRCs or ESCs where we are not the ACP

We reserve the right to collaborate with one or more ACPs (ACP Partner) who are accredited to create and trade PRCs and/or ESCs. In such case, you expressly acknowledge and agree that:
(a) our role and responsibility is limited to providing you with access to and use of the Platforms to input Installation Data and facilitate the transfer of Installation Data from the Platforms to the ACP Partner;
(b) the ACP Partner is entirely responsible for the creation, registration and trading of PRCs and/or ESCs based on the Installation Data you have submitted to the Platforms;
(c) it is solely your responsibilities for ensuring compliance with all relevant standards, regulations and requirements by ACP Partner;
(d) the ACP Partner is solely responsible for verifying compliance and approving the battery implementation and we do not make any determinations regarding compliance or approval of battery installations;
(e) we reserve the right to require you or your Personnel to enter into a separate contractual arrangement with the ACP Partner, establishing specific rights and obligations between you/your Personnel and the ACP Partner;
(f) you must complete any training required under the PDRS or ESS from the ACP Partner or us;
(g) any disputes, delays, or failures related to the creation or issuance of PRCs or ESCs shall be the sole responsibility of the ACP Partner. We expressly disclaim any and all liability arising from such disputes, delays, or failures regarding certificates;
(h) you shall continue to comply with other terms of these Terms where applicable; and
(i) you expressly authorise us to use, adapt, collate, transmit and share all Installation Data you have submitted to the Platforms and other relevant information with the ACP Partner.

5. Term

These Terms will begin on the date that you accept these Terms or otherwise commence using the Platforms and until:
(a) you cease to use the Platforms; or
(b) these Terms are terminated by either party under clause 13 (Term).

6. Grant of Licence

6.1 Licence

In consideration of complying with the terms of these Terms, we grant you a royalty-free, revocable, non-exclusive, non-sublicensable, non-transferable licence to use the Platforms for the Term in Australia.

6.2 Your obligations

(a) You must:

(i) only use the Platforms for the purpose it has been developed for;
(ii) promptly report any errors, defects or malfunctions with the Platforms to us;
(iii) create a user name and password only for yourself to gain access to your GreenDeal Account and be responsible for the protection and security of your account information, password, log-in or access details or other security measures and all activities that occur under your user name;
(iv) maintain the confidentiality of your user name and password and not disclose any security measures to any other person;
(v) keep all account information up to date and promptly notify us of any known or suspected breach of security or unauthorised use of or access to your account;
(vi) comply with:

(A) these Terms;
(B) all applicable laws, regulations, rules, and codes; and
(C) any reasonable directions issued by us from time to time in relation to your use of the Platforms.

(b) Where the correct user name and password are provided for the purpose of accessing or using the Platform, we are entitled to assume that the access is by you and you indemnify us completely against any claim of direct/indirect loss or damage, including trading losses, that results from wrongful, fraudulent or other access (using the correct user name or password) to the Platforms.

6.3 Upgrades, updates etc

(a) We will provide you with reasonable notice of any Upgrades to the Platforms where such Upgrade would materially affect your use of the Platforms.
(a) You acknowledge and agree that older versions of Platforms may become inoperable and we are not obligated to support older versions of the Platforms.

6.4 Maintenance etc

You should be aware and agree that we may from time to time without notice suspend access to the Platforms or disconnect or deny your access to the Platforms in the event of technical failure, modification, event of Force Majeure or maintenance of the Platforms. We will use reasonable endeavours to procure the resumption of access to the Platforms as soon as reasonably practicable.

7. Additional Conditions of Use

7.1 Prohibitions on use of Platforms

You must not:
(a) transfer, sell, sublicense, monetise or make the Platforms available to any third party;
(b) copy, rent, lease, distribute, pledge, assign or otherwise transfer or encumber rights to or in the Platforms;
(c) remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks from the Platforms;
(d) reverse engineer, decompile, decrypt, disassemble, modify, or make derivative works of the Platforms;
(e) use any OSW Content other than as part of your permitted use of the Platforms;
(f) interfere with other Users' access to, or use of, the Platforms, or with the security of the Platforms;
(g) facilitate the attack or disruption of the Platforms, including a denial of service attack, unauthorized access, penetration testing, crawling, or distribution of Malware;
(h) upload any data that is of a pornographic or unsavoury nature;
(i) undertake or cause an unusual spike or increase in your use of the Platforms that negatively impacts the Platform's operation; or
(j) submit any information or data to the Platforms that is not contemplated as instructed by the Platforms or in these Terms.

7.2 Our rights

We may:
(a) Upgrade the Platforms at any time; and
(b) perform scheduled maintenance of the Platforms and the related infrastructure used to provide the Platforms. Where reasonably practicable, we will provide you with advance notice of such maintenance. You acknowledge that, from time to time, we may need to perform maintenance without providing you with advance notice, during which time we may temporarily suspend your access to, and use of, the Platforms; and/or
(c) stop providing the Platforms, including component functionality by providing reasonable prior written notice on its Website (Discontinued Platforms).

7.3 Acknowledgements

You acknowledge and agree:
(a) if you use the Platforms together with any third party products, then such use is solely at your own risk;
(b) you are responsible for complying with any third party provider terms, including its privacy policy;
(c) we do not provide any support or guarantee ongoing integration support for any hardware or software that is not the Platforms;
(d) open-source software not owned by us but used in connection with the Platforms is subject to separate license terms. We will endeavour to ensure that open-source software licences will not materially affect your ability to exercise your rights under these Terms; and
(e) the Platforms have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platforms as described in these Terms meet your requirements.

8. Confidential Information

(a) You agree to hold in confidence, and use no less than reasonable care to avoid disclosure of, our Confidential Information to any third party, except for your employees, affiliates, and contractors who have a need to know such Confidential Information (Permitted Recipients).
(b) You:

(i) must ensure that your Permitted Recipients are subject to written confidentiality obligations no less restrictive than your obligations under these Terms; and
(ii) are responsible for any breach of this clause 8 by your Permitted Recipients.

(i) to the extent necessary to enable disclosure required by law;
(ii) to any disclosure agreed in writing by us;
(iii) where the Confidential Information has entered the public domain other than as a result of a breach of this document or other obligation of confidence; or
(iv) that is already known by, or rightfully received, or independently developed, by you of that Confidential Information free of any obligation of confidence.

(d) Upon a reasonable request from us and otherwise on termination or expiry of these Terms, you must either return, delete or destroy (at the option of the other party) all our Confidential Information.

9. Intellectual Property Rights

You agree that:
(a) all Intellectual Property Rights in and to the original created components of the Platforms (including but not limited to in any images, photographs, animations, video, text, design, know-how and proprietary information incorporated into the Platforms), and any copies of the Platforms are owned by us;
(b) you have no Intellectual Property Rights in or to the Platforms other than the right granted to use the Platforms in accordance with the terms of these Terms; and
(c) all title and Intellectual Property Rights in and to additional third party libraries and content accessed through use of the Platforms is the property of the respective content owner and these Terms grants you no rights to use such content; and
(d) you grant us a non-exclusive, royalty-free, worldwide, transferable, and sublicensable licence to access, preserve, store, use, adapt, compile, disclose, share, transfer or deal with:

(i) the Installation Data; and
(ii) any other information or material uploaded into the Platforms by you, for any purpose in connection with the ordinary course of our business.

10. Your Indemnity

You agree to defend us, indemnify us, and keep us and our Personnel indemnified from and against any claims, losses or damages including, without limitation, reasonable legal and accounting fees, arising from or in connection with:
(a) your breach of these Terms;
(b) any Defective Installations or Potential Breach in relation to you;
(c) your uploading of information (including the Installation Data) to, access to, or use or misuse of the Platforms;
(d) unauthorised, wrongful, fraudulent or other access (using the correct user name or password) to the Platforms;
(e) any illegal or wrongful act by you; and/or
(f) your breach of any third party terms or Intellectual Property Rights.

11. Privacy

(a) Both parties must comply with all applicable requirements of the Data Protection Legislation.
(b) We may collect, use and disclose your personal information, namely your profile information, transaction history, job records, feedback, and other information made available by you or your Personnel in the Platforms (as applicable) in accordance with the Privacy Policy for the purpose of making you aware of promotions terms, facilitating your sign up to or job creation and management in your OSW Account, or other purposes in order to streamline your experiences in using services provided by us. For more information, please visit our Privacy Policy available on the Website.
(c) Without prejudice to the generality of clause 11(a), you will ensure that you have all necessary and appropriate consents and notices in place to enable lawful transfer of any personal information to us, our subcontractors and any third party ACP for the duration and purposes of this document so that we, our subcontractors and any third party ACP may lawfully use, process and transfer the personal information in accordance with this document on your and your customers' behalf and, if applicable, all consents and notices necessary to send and distribute communications relating to using the Platforms.
(d) We may use any personal information disclosed to us in, through or in connection with the Platforms in accordance with our Privacy Policy located on our Website.
(e) We shall notify you immediately if we become aware of any security incident affecting our network and information systems that could potentially affect you and shall respond without delay to all queries and requests for information from you about any security incident, whether discovered by us or you.

12. Promotions and Offers

(a) We may offer additional promotions and offers by written notice to you. All activities related to future promotions will be governed by our terms and conditions, as available on the Website from time to time (Promotional Terms).
(b) The details and execution of the promotions including availability, offers, content and any associated benefits, are subject to the Promotional Terms, as amended in our sole discretion. We encourage you to carefully review the Promotional Terms.

13. Termination and Suspension

(a) Either party may terminate these Terms at any time without cause by giving the other party 14 days advance written notice.
(b) A party may terminate these Terms immediately on written notice to the other party if the other party:

(i) breaches these Terms and does not remedy that breach within 7 days after receipt of written notice of the breach from the party; or
(ii) suffers an Insolvency Event.

(i) you breach clause 2, clause 3.2, clause 4, clause 6.2, clause 7.1, clause 8, clause 9 or clause 11 of these Terms; or
(ii) we suspend or terminate your access to the Platforms in accordance with clause 2.3.

(d) Upon termination of the Terms:

(i) we will terminate all your access to the Platforms;
(ii) you must stop using the Platforms and the licence granted by us under clause 6.1 will immediately cease;
(iii) where we terminate the Terms for your breach, you must immediately pay us the balance of all outstanding fees until the end of the then current Term;
(iv) each party must comply with their obligations under clause 8(d); and
(v) without limiting your obligations under clause 8(d), you must destroy any copies of the App and our Confidential Information within your control.

(e) Clauses 3.2, 3.3, 4, 8 to 11 and 13 to 16 will survive the expiration or earlier termination of these Terms.

14. Limitation of Liability

14.1 Exclusions

Without prejudice to our other rights contemplated in these Terms, to the extent permitted by law:
(a) and without limiting the rights you may have under the Australian Consumer Law, we expressly disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement;
(b) we will have no liability for any damage caused by errors or omissions in any information or instructions you provide to us in connection with the Platforms;
(c) we will not liable to you for any loss, destruction or other damage caused by you failing to back up the Installation Data;
(d) we do not warrant, guarantee or represent that the use of the Platforms will be uninterrupted or error free; and
(e) we will have no liability where your ability to use the Platforms, or the Platform's operation or availability, is affected due to third party utilities, systems, or services used for accessing the Platform (including due to failure or delays in relation to public telephone services, computer networks or the internet, or due to third-party platform services that support the delivery of the Platform) being unavailable from time to time.

14.2 Maximum liability

To the extent permitted by law, our total liability arising under or in connection with these Terms is limited in the aggregate to AUD$100.

14.3 Consequential loss

To the maximum extent permitted by law, in no event shall we be liable for any Consequential Loss arising out of or in connection with these Terms.

14.4 Mitigation

Each party must mitigate any loss they suffer as a result of the breach by the other party to this document or any warranty or indemnity provided under this document.

14.5 Australian Consumer Law

To the extent that any rights cannot be excluded (including under the Australian Consumer Law) then our liability will be limited to, at our election:
(a) repair or replacement of the Platforms; or
(b) a refund of the fees paid by you for the non-conforming Platforms.

15. Force Majeure Events

15.1 Notice of Force Majeure

A party will not be liable for any delay or failure to perform any of its obligations under a purchase order if as soon as possible after the beginning of the Force Majeure Event affecting the ability of the party to perform any of its obligations under this document, it gives a notice to the other party that:
(a) specifies the obligations the party cannot perform and fully describes the Force Majeure Event;
(b) estimates the time during which the Force Majeure Event will continue; and
(c) specifies the measures proposed to be adopted to mitigate, remedy or abate the Force Majeure Event.

15.2 Obligation to remedy and mitigate

The party that is prevented from carrying out its obligations under a purchase order as a result of Force Majeure Event must remedy the Force Majeure Event to the extent reasonably practicable and resume performance of its obligations as soon as reasonably possible.

16. General

16.1 Assignment

(a) You must not assign, novate, subcontract, or resell, in whole or in part, any of your rights or obligations under these Terms without our prior written consent.
(b) We may assign, novate, or otherwise transfer, in whole or in part, any of our rights and obligations under these Terms without your prior written consent. You must execute all documents reasonably required to give effect to this clause.
(c) We may subcontract, in whole or in part, any of our rights and obligations under these Terms without your prior written consent.

16.2 Amendments

You acknowledge and agree:
(a) We may vary these Terms at any time by general notice shown in the entry page or home page of the Platforms.
(b) Any variation of these Terms will take effect on the date specified on the notice.
(c) If you do not wish to accept the amendments, please notify us before the date the amendments take effect and we will terminate your GreenDeal Account.
(d) If you continue to use or access the Platforms after the amendments come into effect, you will be deemed to have accepted the amendments.

16.3 Compliance with laws

Each party will comply with all laws and regulations applicable to their obligations under these Terms. We may restrict the availability of the Platforms in any particular location or modify or discontinue features to comply with applicable laws.

16.4 Governing law

These Terms, and any disputes arising from it, will be governed exclusively by the law of the jurisdiction in which the Installation Address is located.

16.5 Notice

Any notice we deliver to you under these Terms will be delivered via email, to the address set out in the Purchase Order.

16.6 No waiver

If we do not insist immediately that you fulfil an obligation under these Terms, or if we delay in taking steps against you regarding your breach of these Terms, these actions will not mean you do not have to fulfil your obligations and it will not constitute a waiver of our rights under these Terms.

16.7 Severability

If any portion of these Terms is not enforceable, it will not affect any other terms and the unenforceable term will be severed to the extent it is possible to do so, while the remainder of the term is given effect.

16.8 Entire Agreement

These Terms constitutes the entire statement of the agreement between the parties with respect to the subject matter, and merges and supersedes all other or prior communications, understandings, purchase orders, arrangements and agreements (whether written or oral). The parties acknowledge that they may enter into other agreements (including incidental to these Terms) for the supply of goods or services.

16.9 Translations

We may provide local language translations of these Terms in some locations. You agree that those translations are provided for informational purposes and if there is any inconsistency, the English version of these Terms will prevail.

17. Definitions

In these Terms:
(a) Australian Consumer Law means Schedule 2, Competition and Consumer Act 2010(Cth).
(b) ACP means an Accredited Certificate Provider approved by IPART.
(c) CEC means the Clean Energy Council of Australia.
(d) CER means the Australian Government's Clean Energy Regulator which administers and enforces the REE Legislation.
(e) Confidential Information means any information relating to the business and affairs of a party, its clients, employees, sub-suppliers or other persons doing business with a party, these Terms including without limitation with respect to the Platforms, the Intellectual Property Rights of a party or which is by its nature confidential or designated as confidential by a party or which the other party knows or ought to know is confidential, and includes all trade secrets, knowhow, marketing, financial and customer information, forecasts, and strategies and any other commercially valuable information of a party.
(f) Consequential Loss means any consequential, indirect, incidental or special loss including without limitation loss of profit, loss of revenue, business interruption, loss of business, loss of opportunity, loss of reputation or loss in connection with breach of third party contracts or arrangements.
(g) Data Protection Legislation means:

(i) the Privacy Act 1988 (Cth) (Privacy Act) and any ancillary rules, guidelines, orders, directions, directives, codes of conduct or other instruments made or issued under it, as amended from time to time;
(ii) the Australian Privacy Principles (or APPs) contained in schedule 1 of the Privacy Act; and
(iii) all other laws, regulations, registered privacy codes, privacy policies and contractual terms applicable in the jurisdiction where the Platforms are being provided that relate to the processing of personal information.

(h) Defective Installations means any installation of equipment at the Installation Address by you that is:

(i) not manufactured, designed and/or installed in accordance with the REE Legislation, Safety Regulations, Industry Guidance and/or the requirements of any other applicable laws.; or
(ii) associated with or specifically related to a Potential Breach.

(i) Documentation means the technical specifications and usage materials we provide to you that specifies the functionalities and capabilities of the applicable Platform.
(j) Energy Savings Certificate or ESC means a certificate created under the ESS.
(k) ESS means the Energy Savings Scheme Rule of 2009 established under the Electricity Supply Act 1995 (NSW).
(l) Force Majeure Event means a matter beyond the reasonable control of a party and includes without limitation an act of God, national emergency, terrorist act, sabotage, flood, storm, earthquake, fire, explosion, epidemic, pandemic, civil disturbance, insurrection, riot, war, industrial action, lockout, rebellion, quarantine, embargo and other similar governmental action or a general and continued energy shortage, power or utilities interruption, but cannot apply with respect to the payment of money due under this document.
(m) GreenDeal Account means the online account with us registered through the Website or App (as applicable).
(n) Industry Guidance means information, data and materials that the clean energy industry commonly uses to assess materials, contractors and/or products, such as any list in relation to installers, approved makes and models, products, and inverters that is published by a reputable industry body such as the CER, CEC, IPART or other such body.
(o) IPART means the Independent Pricing and Regulatory Tribunal in NSW.
(p) Insolvency Event means any of the following events concerning a party:

(i) if an administrator, liquidator, receiver, receiver and manager or other controller is appointed to, or over, any of the property or undertaking of the party;
(ii) if the party is unable to pay its debts when they become due and payable;
(iii) if the party ceases to carry on business; or
(iv) if any event happens in Australia or any other country or territory in respect of a party that is similar to any of the events or circumstances referred to in this definition.

(q) Installation Address means the physical address where the equipment has been installed or implemented by you or your Personnel.
(r) Installation Data means:

(i) the Installation Information;
(ii) any other data owned or supplied by you to which we are provided access to in connection with the Platforms (including without limitation the Installation Information), which may include personal information; or
(iii) data generated, compiled, arranged or developed by either you or us in connection with the Platforms that relates to you or your use of the Platforms.

(s) Installation Information means all information:

(i) provided to us through or in connection with the Platforms in relation to the installation of the equipment at the agreed location of the Retailer's customer; and
(ii) otherwise required for the purpose of creating, registering or trading STCs, PRCs or ESCs.

(t) Installer means a person who is appointed by a Retailer to implement or install equipment at an Owner's premises.
(u) Installer Terms and Conditions means the terms and conditions binding Green Deal Operations Pty Ltd ACN 649 507 040 and an installer who is appointed by a Retailer to install or implement equipment that creates PRCs or ESCs.
(v) Intellectual Property Rights means all industrial and intellectual property rights throughout the world, whether registered, unregistered or unregistrable, including all copyrights, patents, trademarks, service marks, designs, confidential information, trade secrets, know how, data and databases, systems, and domain names.
(w) Malware includes but is not limited to hacking, defects, worms, Trojan horses, spyware, adware, corrupted files, hoaxes, viruses, blended threats and/or unauthorised access, denial of service events or other items of a destructive/deceptive nature.
(x) OSW means:

(i) if the services relate to STCs, Green Deal Finance Pty Ltd ACN 609 758 143 (GD Finance);
(ii) if the services relate to PRCs and ESCs, Green Deal Operations Pty Ltd ACN 649 507 040 (GD Operations); and
(iii) if you are browsing the Platform only, without using any services, means GD Finance, GD Operations or any of its related body corporates.

(y) OSW Account means an online account with OSW, registered in accordance with the OSW Terms and Conditions available at https://osw.energy/au/terms-and-conditions.
(z) OSW Website means each website operated by OSW, including https://www.osw.energy/ and its subdomains.
(aa) OSW Content means any content or data:

(i) we provide to you as part of your use of the Platforms; and
(ii) that the Platforms generate or derive in connection with your use of the Platforms.

For the avoidance of doubt, OSW Content includes geographic and domain information, rules, signatures, threat intelligence and data feeds and our compilation of suspicious URLs.
(ab) Owner means, in respect of a specific system/unit/equipment, the person entitled to create the STCs, PRCs or ESCs associated with such system/unit/equipment.
(ac) PDRS means the Peak Demand Reduction Scheme of 2022 published in the NSW Gazette.
(ad) Peak Reduction Certificate or PRC means a certificate created under the PDRS.
(ae) Personnel means a party's directors, officers, employees, agents and contractors, as the context permits; with respect to Retailer, its Personnel shall include its appointed Installer, Designer and Electrician.
(af) Platforms means the Portal and App as governed by these Terms.
(ag) Privacy Policy means the privacy policy available on the Website, located https://www.greendeal.com.au/privacypolicy, as amended from time to time.
(ah) Portal means the online portal available on the Website, as governed by this document.
(ai) Potential Breach means instances where:

(i) an STC application and/or you are under investigation;
(ii) an STC application and/or you may be in breach of the REE Legislation, Safety Regulations or Industry Guidance;
(iii) it is reasonably believed that you submit falsified/forged documentation or Installation Data for the purpose of processing STC, PRC or ESC certificates; and/or
(iv) it is reasonably believed that you may have breached these Terms, STC Trading Terms and Conditions, PRC and ESC Trading Terms and Conditions, Installer Terms and Conditions, or our other agreed terms and policies.

(aj) REE Legislation means the Renewable Energy (Electricity) Act 2000 (Cth), Renewable Energy (Electricity) Regulations 2001 (Cth), and guidance by CER, CEC, Australian Solar Council and/or REC Agents Association.
(ak) Safety Regulations mean all federal and state laws in respect of work health and safety, such as the Work Health and Safety Act 2011 (QLD); Work Health and Safety Regulation 2011 (QLD); and codes of practice and other corresponding laws in the state where the equipment is installed.
(al) Small scale technology certificate or STC means a certificate generated or displaced by small scale renewable energy systems that meet the requirements for the REE Legislation.
(am) Term has the meaning given to that term in clause 5.
(an) Upgrades means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the App or Portal.
(ao) Website means the website located at https://www.greendeal.com.au/, as amended from time to time.

NSW Installer Terms and Conditions

1. Background

1.1 These PRC and ESC Terms and Conditions (Terms) constitute a legal agreement between you or your transferees, assignees and successors in title (Installer) and Green Deal Operations Pty Ltd ACN 649 507 040 (GD Operations).

1.2 These Terms constitute the terms and conditions under which the Installer agrees to implement energy saving and peak demand reduction activities for the creation of Peak Reduction Certificates (PRC) and Energy Savings Certificates (ESC) by GD Operations.

1.3 The Installer acknowledges and agrees that these Terms are intended to be read in conjunction with the Terms of Use, located at https://www.greendeal.com.au/termsofuse (Terms of Use) and any other documents the Installer has accepted as part of those terms, as amended from time to time. The Terms of Use are deemed incorporated into these Terms.

1.4 If there is any inconsistency between these Terms, the Terms of Use or any other documents, these Terms will prevail to the extent of the inconsistency.

2. Creation and Trading of PRCs and ESCs

2.1 GD Operations, either directly or through its related entities, is a wholesaler in the business of supplying, amongst other products, batteries used in Implementations and Energy Saving Equipment that meet the eligibility requirements for the creation of ESCs and/or PRCs under the Energy Savings Scheme (ESS) and/or the Peak Demand Reduction Scheme (PDRS) respectively (Eligible Equipment). GD Operations is also an Accredited Certificate Provider (ACP) and trades PRCs and/or ESCs on behalf of Customers, as applicable.

2.2 The Installer is in the business of implementing Eligible Equipment at Customers’ premises.

2.3 If applicable, GD Operations agrees, by way of a Nomination Form provided by the Installer, to be nominated as the energy saver or capacity holder for an implementation of Eligible Equipment.

2.4 By accepting these Terms, the Installer agrees to acting as a representative of GD Operations or ACP Partner in its capacity as an ACP and acting on its behalf in its engagements with Customers.

2.5 Notwithstanding anything to the contrary in these Terms, GD Operations reserves the right to collaborate with one or more ACPs (ACP Partner) who are accredited to create and trade PRCs and/or ESCs on behalf of the Customers. In such case, the Installer expressly acknowledges and agrees that:

(a) GD Operations' role and responsibility is limited to providing the Retailer and the Installers with access to and use of the Platforms to input Installation Data and facilitate the transfer of Installation Data from the Platforms to the ACP Partner;
(b) the ACP Partner is entirely responsible for the creation, registration and trading of PRCs and/or ESCs based on the Installation Data that the Retailer or the Installer have submitted to the Platforms;
(c) the Retailer and the Installer are solely responsible for ensuring compliance with all relevant standards, regulations and requirements by ACP Partner;
(d) the ACP Partner is solely responsible for verifying compliance and approving the battery implementation and GD Operations does not make any determinations regarding compliance or approval of battery installations;
(e) GD Operations reserves the right to require the Retailer and the Installer to enter into a separate contractual arrangement with the ACP Partner, establishing specific rights and obligations;
(f) the Installer acknowledges and agrees that the ACP Partner shall be a third-party beneficiary of these Terms and have the right to directly enforce these Terms and to assert claims, demands, and rights of action against the Installer in the event of a breach of these Terms by the Installer as if the ACP Partner were an original party to these Terms;
(g) the Retailer and the Installer must complete any training required under the PDRS or ESS from the ACP Partner or GD Operations;
(h) any disputes, delays, or failures related to the creation or issuance of PRCs or ESCs shall be the sole responsibility of the ACP Partner. GD Operations expressly disclaims any and all liability arising from such disputes, delays, or failures regarding certificates;
(i) the Installer shall continue to comply with other terms of these Terms where applicable; and
(j) the Installer expressly authorises GD Operations to use, adapt, collate, transmit and share all Installation Data and other relevant information with the ACP Partner.

3. Parties’ Obligations

3.1 The Installer must:

(a) sign up, register and make an account with the Platforms;
(b) comply with, and ensure their Personnel comply with, these Terms and all Applicable Laws;
(c) not do anything that, in GD Operations' reasonable opinion, may adversely affect GD Operations or its related body corporates’ business, reputation or goodwill;
(d) provide additional information promptly as reasonably requested by GD Operations; and
(e) perform all training as requested by GD Operations.

3.2 GD Operations must:

(a) at all times on and after the Commencement Date, be accredited as an ACP by the Scheme Administrator; and
(b) at all times, comply with all Applicable Laws and the terms of its Accreditation Notice.

3.3 The Installer must:

(a) ensure that each Implementation meets the applicable Implementation Requirements;
(b) submit via the Platforms, Installation Data and ensure such data is submitted within the timeframe as required by GD Operations which GD Operations reasonably determines in accordance with the applicable regulatory deadline;
(c) be listed on an approved installer list specified by the Scheme Administrator;
(d) ensure that the Implementation is at a Site located in New South Wales;
(e) procure from the Customer the necessary Nomination Form and properly explain its contents before obtaining the Customer’s signature;
(f) promptly lodge the necessary Nomination Form via the Platforms in accordance with the regulatory requirements;
(g) not input Installation Data into the Platforms for any batteries or Energy Saving Equipment in an Implementation that were banned on the Implementation Date, or have become banned since the Implementation Date, in a Banned EUE Notice (Banned Equipment);
(h) where applicable, promptly inform the Retailer and GD Operations of any Banned Equipment and provide any necessary information for GD Operations to identify the Banned Equipment that were implemented;
(i) ensure that it complies with the Compliance Requirements outlined in Annexure A as well as evidence requirements arising under the PDRS and ESS (as applicable).

3.4 In relation to Energy Saving Equipment, the Installer must:

(a) ensure that no Energy Savings Equipment or BESS removed or replaced in an Implementation is refurbished, reused or resold by the Retailer, the approved installer or any other person, and that all such Energy Saving Equipment or BESS is disposed of or recycled safely and appropriately;
(b) submit via the Platforms, Installation Data and ensure such data is submitted within the timeframe as required by GD Operations which GD Operations reasonably determines in accordance with the applicable regulatory deadline;
(c) not lodge Installation Data that would result in the creation of ESCs exceeding the maximum number of ESCs able to be created under a single Implementation in respect of multi-split systems;
(d) provide any data to GD Operations that GD Operations may reasonably require under the ESS or may need to provide to the Scheme Administrator under Applicable Laws;
(e) procure from the Customer the necessary Nomination Form and properly explain its contents before obtaining the Customer’s signature; and
(f) promptly lodge the necessary Nomination Form via the Platforms in accordance with the regulatory requirements.

4. Installer Warranties

4.1 The Installer represents and warrants that any batteries used in an Implementation (where applicable):

(a) are listed on the Approved Batteries List;
(b) meet the requirements for Usable Battery Capacity as recorded on the Approved Batteries List;
(c) are registered on the Australian Energy Market Operator’s Distributed Energy Resource Register;
(d) are not considered Banned Equipment on the Implementation Date or any time after; and
(e) meet the relevant Warranty Requirements applicable to an Implementation.

4.2 The Installer represents and warrants that:

(a) each Implementation will meet the Implementation Requirements;
(b) the Customer has paid the minimum payment amount required under the PDRS or ESS and such minimum payment amount has not been reimbursed or otherwise returned to a Customer;
(c) it has obtained and maintains the relevant insurances required under clause 5;
(d) the Nomination Form and Installation Data provided by the Installer or its Personnel to GD Operations via the Platforms comply with all Applicable Laws, are true, accurate, complete and up-to-date in all respects, and are free from any error, inaccuracy, omission or misrepresentation;
(e) it or its Personnel holds all necessary and lawful consents and other authorisations to enable lawful transfer of the Installation Data to GD Operations through the Platforms so that GD Operations may lawfully use, process and transfer such data;
(f) it is duly incorporated and validly existing under the laws of Australia;
(g) it has full legal right, power and authority to carry on its present business, to own its properties and assets, to execute and deliver these Terms and to perform its obligations hereunder; and
(h) it holds all licences, certifications, approvals, authorisations and other permits applicable in connection with its business operations, including without limitation, implementations as performed in relation to the creation and trading of PRCs and ESCs with GD Operations.

5. Insurances

5.1 The Installer must obtain and maintain:

(a) public liability insurance of at least $5 million; and
(b) product liability insurance of at least $5 million.

5.2 The Installer must maintain these insurance policies for the lifetime of the Eligible Equipment.

6. Installation Data

6.1 GD Operations has absolute power under these Terms to request the Installer to clarify, change, or reupload the Installation Data provided by the Installer. If the Installer fails to comply with a request under this clause, GD Operations and the relevant ACP Partner shall be indemnified of any Claim, loss, damage or liability arising from the Installer’s failure to clarify, change, or reupload the Installation Data as requested.

6.2 The Installer must retain Installation Data in relation to an implementation of any Eligible Equipment for at least 7 years from the Implementation Date.

6.3 The Installer grants GD Operations a non-exclusive, royalty-free, personal, non-revocable, non-sublicensable and non-transferable licence to use, adapt, collate, and share with the Scheme Administrator the Installation Data shared with GD Operations in relation to an implementation of Eligible Equipment.

6.4 The Installer warrants that it and each of its Personnel that are granted access to the Platforms strictly comply with these Terms as if they were a party to them. The actions of the Installer’s Personnel are taken to be the Installer’s acts and omissions.

6.5 The Installer will notify GD Operations immediately if it becomes aware that any person has received or gained unauthorised access to Installer’s account on the Platforms.

7. Indemnities

7.1 The Installer indemnifies GD Operations and each of its ACP Partners from and against all loss, damage and Claims arising out of or in connection with:

(a) a breach by the Installer of its confidentiality or privacy obligations under these Terms and the Terms of Use;
(b) any error, incompleteness, inaccuracy, omission or misrepresentation of Installation Data provided under these Terms;
(c) a third-party Claim against GD Operations or an ACP Partner relating to revocation of a PRCs and/or ESCs;
(d) a third-party Claim against GD Operations or an ACP Partner in relation to unauthorised access to the Platforms by a person or entity using the Installer’s credentials;
(e) a third-party Claim against GD Operations or an ACP Partner in relation to the Installer’s provision of services and goods;
(f) a third-party Claim against GD Operations or an ACP Partner in relation to an act or omission by the Installer that constitutes a breach of these Terms; and
(g) any fraudulent activity committed by the Installer or its Personnel.

7.2 GD Operations has sought and obtained the indemnities in favour of its ACP Partners in clauses 6.1 and 7.1 as agent for and on behalf of each ACP Partner and holds the benefit of the indemnities in clauses 6.1 and 7.1 as trustee for each ACP Partner.

8. Limitation of Liability

The Limitation of Liability clause of the Terms of Use applies to these Terms as if set out in full. GD Operations' liability under or in connection with these Terms and the Terms of Use is limited in the aggregate to the amount specified in that clause.

9. Termination of Trading

9.1 Either party may terminate these Terms by providing 7 days’ notice in writing to the other party.

9.2 Either party may immediately terminate this document if:

(a) the other party breaches any provision of this document that materially prejudices the interests of the terminating party and fails to remedy the breach within 28 days of receiving written notice from the terminating party in respect of the breach, including particulars of the breach;
(b) the other party fails to pay any amount due under this document on the due date for payment and remains in default not less than 21 days after being notified in writing to make that payment;
(c) an Insolvency Event occurs in relation to a party; or
(d) any Force Majeure Event prevents the other party from performing its obligations under this document for any continuous period of three months.

9.3 Even after termination of these Terms:

(a) GD Operations reserves the right to request further information or data from the Installer in relation to implementations of Eligible Equipment performed by an Installer prior to termination; and
(b) the Installer must abide by the Terms of Use in relation to its access to and usage of the Platforms.

10. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the New South Wales courts and courts competent to hear appeals from those courts.

11. Assignment and Novation

No party may assign, novate or otherwise transfer all or any part of their rights or liabilities under this document without the consent of the other party (which must not be unreasonably withheld), except that GD Operations may assign or novate to a related body corporate without consent.

12. Amendments

The Installer acknowledges and agrees that:

(a) GD Operations may vary these Terms at any time by giving the Installer at least 14 days' notice by email to the address last notified by the Installer and by general notice on the Platforms;
(b) any variation of these Terms will take effect on the date specified in the notice, and will not apply to any lodgement made before that date;
(c) the Installer may terminate these Terms under clause 9.1 at any time before the variation takes effect if it does not accept variation; and
(d) continued use of the Platforms or otherwise acting as GD Operations' agent, will be considered deemed acceptance of the amended Terms.

13. Severance

13.1 A clause or part of a clause of this document that is illegal or unenforceable may be severed from this document and the remaining clauses or parts of the clause of this document continue in force.

13.2 If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected.

14. Waiver

A provision or a right created under these Terms may not be waived except in writing by the party granting the waiver.

15. Further assurance

Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under them.

16. Force Majeure

GD Operations will not be liable for any delay or failure to perform its obligations under these Terms if such delay is due to a Force Majeure Event.

17. Notices

Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the parties. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

18. Entire Agreement

These Terms, together with all other terms and policies agreed by the Installer, contain the entire understanding between the parties, and supersede all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

19. Definitions

Capitalised terms have the meanings given to them below or as otherwise defined in the Terms:

Accreditation Notice means a written notice issued to an ACP by the Scheme Administrator that outlines the conditions imposed on the ACP’s accreditation.
Australian Energy Market Operator’s Distributed Energy Resource Register means the database regulated by Australian Energy Market Operator which contains information on Distributed Energy Resource Devices installed at residential and business locations throughout Australia.
Applicable Law means any law, regulation, scheme, guideline or standard, ordinance, court ruling or requirement or direction of a government agency, or similar, governing or relating to the subject matter or a party to these Terms at any time including, without limitation, the Peak Demand Reduction Scheme Rule of 2022, the Electricity Supply Act 1995, the Electricity Supply (General) Regulation 2014, the Energy Savings Scheme Rule of 2009, the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth), the Work Health and Safety Act 2011, the Home Building Act 1989 and the Fair Trading Act 1987.
Approved Batteries List means the list of products that are considered approved by the Scheme Administrator.
Banned Equipment has the meaning of the term in clause 3.3(g).
Banned EUE Notice means a notice published by the Scheme Administrator specifying electricity consuming equipment processes, or systems to be banned for the purposes of the PDRS.
Battery Energy Storage System or BESS means one or more batteries, and other related equipment, which are installed behind a single National Metering Identifier and which, collectively, constitute a system.
Battery Inverter Output means the maximum rate of power output of the inverter that converts direct current electricity to alternating current electricity in a BESS (or as otherwise defined in the PDRS).
Claim means any claim, action, proceeding or demand, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
Commencement Date means the date GD Operations starts creating PRCs and/or ESCs as an ACP.
Confidential Information means all information, ideas, concepts, data, know-how and trade secrets (whether or not in a material form) regarding a party or any of its businesses, products or services, which is disclosed to the other party or which is otherwise made known to the other party (except where that information is or comes into the public domain otherwise than through a breach of these Terms).
Customer means the original energy saver or capacity holder who receives a financial incentive under the PDRS and/or ESS from the implementation of Eligible Equipment.
Demand Response Aggregator means an entity that either:

(i) aggregates demand response capacity as a Market Participant or a Network Service Provider, or
(ii) has been engaged in a contract with a Market Participant or Network Service Provider to aggregate demand response capacity on their behalf.

Demand Response Contract means an agreement between a Demand Response Aggregator and a Customer that allows the Demand Response Aggregator to control the Battery Energy Storage System in a Customer’s Implementation for at least 12 months (or such longer period as may be required by the applicable PDRS from time to time).
Distributed Energy Resource Device means a technology that generates, stores, or manages energy at or near the point of consumption, rather than relying solely on centralised generation sources from power plants.
Energy Saving Equipment means equipment that represent Recognised Energy Savings Activities under the Energy Savings Scheme.
Energy Savings Scheme or ESS means the Energy Savings Scheme Rule of 2009 established under the Electricity Supply Act 1995 (NSW).
Energy Savings Certificate or ESC means a certificate created by an ACP for the implementation of Energy Saving Equipment, registered on the Registry of Certificates, and traded under the ESS.
Force Majeure Event means an event beyond the reasonable control of a party and includes an act of God, national emergency, terrorist act, sabotage, flood, storm, earthquake, pandemic, epidemic, fire, explosion, civil disturbance, insurrection, riot, war, industrial action, lockout, rebellion, quarantine, embargo and other similar governmental action or a general and continued energy shortage, power or utilities interruption or failure.
Implementation Date means:

(i) for a BESS2 Implementation, the date an existing Battery Energy Storage System is Onboarded to a VPP operated by a Demand Response Aggregator;
(ii) for a BESS3 Implementation, the date that the installation of a battery is completed which must be a date on or after 1 September 2026;
(iii) for a BESS4 Implementation, the date that the installation of a battery is completed which must be a date on or after 1 September 2026;
(iv) for a BESS5 Implementation, the date that the installation of a battery is completed which must be a date on or after 1 September 2026;
(v) for a retrofit under the ESS, the date of that installation of the Energy Saving Equipment;
(vi).

Installation Data has the meaning given in the Terms of Use.
Insolvency Event means any of the following events concerning a party:

(i) if an administrator, liquidator, receiver, receiver and manager or other controller is appointed to, or over, any of the property or undertaking of the party;
(ii) if the party is unable to pay its debts when they become due and payable;
(iii) if the party ceases to carry on business; or
(iv) if any event happens in Australia or any other country or territory in respect of a party that is similar to any of the events or circumstances referred to in this definition.

Market Participant has the same meaning as the term in clause 2.4 of the National Electricity Rules.
National Metering Identifier is the connection point defined in the National Electricity Rules created by AEMC.
Network Service Provider has the same meaning as the term in clause 2.5 of the National Electricity Rules.
New Solar Photovoltaic Capacity means the additional photovoltaic generation capacity added to an existing solar photovoltaic capacity, or the capacity of a newly installed solar photovoltaic system where no system previously existed.
Nomination Form means a nomination form, in the form and manner provided by GD Operations and approved by the Scheme Administrator, whereby the Customer provides its consent to, and nominates, an ACP as the nominated energy saver and/or capacity holder to create ESCs or PRCs.
Onboarded means that the Eligible Equipment has been demonstrated to respond to remotely provided commands from the Demand Response Aggregator.
Personnel means, in respect of a party, any of its employees, consultants, subcontractors, agents, designers, and tradespeople.
Peak Demand Reduction Scheme or PDRS refers to the latest Peak Demand Reduction Scheme Rule of 2022 published in the NSW Gazette.
Peak Reduction Certificate or PRC means a certificate created by an ACP in relation to the implementation of an RPA, registered on the Registry of Certificates, and traded under the PDRS.
Privacy Laws means the Privacy Act 1988 (Cth), the Australian Privacy Principles under that Act, and any other law, regulation or industry code, guideline, rule, requirement, policy, order or direction of any regulator or governmental body, as amended from time to time, in relation to privacy, data protection, surveillance, data security, or the handling of personal information.
Recognised Peak Activity or RPA means an activity that provides capacity to reduce electricity consumption during peak demand times in accordance with the requirements under the PDRS.
Recognised Energy Savings Activity means activities that are eligible under the Energy Savings Scheme to create ESCs.
Registry of Certificates means the registry of ESCs and PRCs created and managed by the Scheme Administrator and accessed through The Energy Security Safeguard Application (otherwise known as ‘TESSA’).
Residential Building has the meaning given to that term in the PDRS or ESS as applicable.
Retailer means the entity which supplies batteries and/or qualifying equipment and appoints the Installer for their Implementation.
Eligible Equipment has the meaning under clause 2.1.
Site has the meaning given to that term in the PDRS or ESS as applicable.
Scheme Administrator means the Independent Pricing and Regulatory Tribunal in NSW.
Small Business Site has the meaning given to that term in the PDRS.
Usable Battery Capacity in respect of a Battery Energy Storage System, means 90%:

(i) for a Battery Energy Storage System with only one battery, the usable battery capacity for that battery, as recorded on the approved product list specified by the Scheme Administrator; and
(ii) for a Battery Energy Storage System with more than one battery, the sum of the usable battery capacity for each battery, as recorded on the approved product list specified by the Scheme Administrator.

Schedule 1 – BESS2 Implementations

1. Eligibility requirements

There must be an existing Battery Energy Storage System installed at the National Metering Identifier(s); and
There must not be any life support equipment used at the Site; and
the Battery Energy Storage System is Onboarded to a VPP operated by a Demand Response Aggregator on or after the Implementation Date.

2. Equipment requirements

Each battery in the BESS2 Implementation:

must be listed on the Approved Batteries List;
must have a Usable Battery Capacity greater than 2kWh and less than 28 kWh as recorded on the Approved Batteries List;
must have a minimum of 6 years remaining on the warranty; and
participation in the activity must not void or diminish warranty.

3. Implementation Requirements

Each battery must be internet-connectable and enrolled in a compatible VPP Demand Response Contract.

Schedule 2 – BESS3 Implementations

1. Eligibility requirements

The Site must be an Apartment Building, comprising not less than four individual dwellings; and
There must not be an existing Battery Energy Storage System installed at the same National Metering Identifiers.

An Apartment Building means a building or part of a building classified as Class 2 under the Building Code of Australia (within the meaning of the Environmental Planning and Assessment act 1979) and includes any Non-Habitable Building on the same site.

2. Equipment requirements

Each battery in the BESS3 Implementation:

must be listed on the Approved Batteries List;
must have a Usable Battery Capacity greater than 20 kWh and less than or equal to 200 kWh as recorded on the Approved Batteries List;
the Usable Battery Capacity of battery must not exceed six times the Battery Inverter Output of the battery as recorded on the Approved Batteries List;
must be internet connectable and controllable by a Demand Response Aggregator; and
excluding inverters installed prior to the Implementation Date, must have a warranty of at least 10 years and guarantee at least seventy percent (70%) of Usable Battery Capacity is retained 10 years from the date the battery is installed at the Site.

3. Implementation Requirements

Each battery must be installed outdoors.
Each battery must be installed Behind the Meter and in accordance with AS/NZS 5139.
Each battery must be installed by an installer on an approved installer list specified by the Scheme Administrator
The activity must be performed by a suitably Licensed person in compliance with the relevant standards and legislation.
The installation of each battery must have received all required planning and network approvals.

Schedule 3 – BESS4 Implementations

1. Eligibility requirements

The Site must not be a Residential Building or a Data Centre.
An Implementation of either a BESS4 Implementation or BESS5 Implementation must not have been previously conducted at the Site.

2. Equipment requirements

Each battery in the BESS 4 Implementation:

must be listed on the Approved Batteries List;
must have a Usable Battery Capacity greater than 20 kWh and less than or equal to 200 kWh as recorded on the Approved Batteries List;
must not exceed six times the Battery Inverter Output of the battery, as recorded on the Approved Batteries List;
the New Solar Photovoltaic Capacity must not be less than a quarter of the Usable Battery Capacity of the battery;
must be internet connectable and controllable by a Demand Response Aggregator;
excluding inverters installed prior to the Implementation date, must have a warranty of at least 10 years and guarantee that at least seventy percent (70%) of Usable Battery Capacity is retained 10 years from the date the battery is installed at the Site.

3. Implementation requirements

Each battery must be installed Behind the Meter and in accordance with AS/NZS 5139.
Each battery must be installed by an installer on an approved installer list specified by the Scheme Administrator
The activity must be performed by a suitably licensed person in compliance with the relevant standards and legislation.
The installation of each battery must have received all required planning and network approvals.
Where the BESS is installed indoors in a Class 3 building, a working smoke alarm that meets AS 3786 must be installed in the immediate vicinity.

Schedule 4 – BESS5 Implementations

1. Eligibility requirements

The Site must not be a Residential Building or a Data Centre.
An Implementation of either a BESS4 Implementation or BESS5 Implementation must not have been previously conducted at the Site.

2. Equipment requirements

Each battery in the BESS5 Implementation:

must be tested in accordance with UL9540A;
must have a Usable Battery Capacity greater than 200 kWh and less than or equal to 30,000 kWh as recorded on the Approved Batteries List;
must not exceed six times the Battery Inverter Output of the battery, as recorded on the Approved Batteries List;
the New Solar Photovoltaic Capacity must not be less than a quarter of the Usable Battery Capacity of the battery;
must be internet connectable and controllable by a Demand Response Aggregator;

3. Implementation requirements

The activity must be performed by a suitably Licensed person in compliance with the relevant standards and legislation.
The installation of each battery must have received all required planning and network approvals.

Annexure A –Compliance Requirements

Type of compliance	Description of requirements
Evidence Requirements	As detailed in the PDRS Method Guide or ESS Record Keeping Guide (as amended from time to time) and as otherwise reasonable required by GD Operations to meet its requirements as an ACP.
Record Keeping Requirements	The Installer must retain relevant documents that prove: the approved installer holds and maintains the correct insurance pursuant to clause 5; the location of the Battery Energy Storage System is in New South Wales; that it has met the eligibility, equipment and implementation requirements for the relevant implementation required for the Platforms and under the PDRS; the Implementation Date for each Implementation.
Customer Engagement Requirements	The Installer must: identify itself as a representative of GD Operations or ACP Partner (as applicable) as the ACP; provide the Customer with contact details for the Installer, the Retailer and GD Operations; not identify itself as a representative of the ESS, PDRS, Scheme Administrator or the NSW Government; upon quotation, explain to the Customer information about the PDRS, including: how the PDRS works, and providing relevant fact sheets (including the mandatory fact sheet required by the Scheme Administrator); the contents and function of the Nomination Form and providing a copy to the Customer; any mandatory requirements that must be met; and that the Scheme Administrator's auditors may request information about the implementation, before or during implementation of the relevant battery or Energy Savings Equipment, ensure that the Customer understands the relevant battery or Energy Savings Equipment, including: providing details of the make, model and electrical characteristics; and outlining the features of the relevant battery, as well as the work and process involved in implementation, have documented processes and procedures in place for complaints handling; inform the Customer about after sales assistance and support that the Retailer and Installer provide, including: providing a contact number and complaints resolution process to the Customer; the process for managing and resolving complaints; ensuring that the Customer is satisfied with the product(s) as implemented; and providing a mechanism for replacement of faulty batteries; not engage in any unsolicited doorknocking.
Representative Requirements	The Installer must provide to the Retailer and GD Operations the following information about itself: name; contact details; relationship to the Retailer (e.g. employee, contractor or business partner); training completed for the PDRS or ESS and the date of the training was completed; other relevant training completed and the date of the training was completed; formal qualifications including registration and licence numbers; if relevant, commencement date of employment; details of any delegated responsibility for processes and tasks involved in designing and implementing the battery; and the location of the Site. The Installer must ensure it understands: how the PDRS works, including its legislative framework how the ESS works, including its legislative framework information regarding the Implementations; GD Operations' internal procedures, especially in relation to collection of documentation required under the PDRS or ESS; any training delivered by GD Operations; and any other legal obligations beyond the PDRS or ESS.

Terms of Use

Terms of Use

1. Background

2. Accounts

3. Users

4. Collection of Installation Data in relation to PRCs or ESCs where we are not the ACP

5. Term

6. Grant of Licence

7. Additional Conditions of Use

8. Confidential Information

9. Intellectual Property Rights

10. Your Indemnity

11. Privacy

12. Promotions and Offers

13. Termination and Suspension

14. Limitation of Liability

15. Force Majeure Events

16. General

17. Definitions

NSW Installer Terms and Conditions

1. Background

2. Creation and Trading of PRCs and ESCs

3. Parties’ Obligations

4. Installer Warranties

5. Insurances

6. Installation Data

7. Indemnities

8. Limitation of Liability

9. Termination of Trading

10. Governing Law and Jurisdiction

11. Assignment and Novation

12. Amendments

13. Severance

14. Waiver

15. Further assurance

16. Force Majeure

17. Notices

18. Entire Agreement

19. Definitions

Schedule 1 – BESS2 Implementations

1. Eligibility requirements

2. Equipment requirements

3. Implementation Requirements

Schedule 2 – BESS3 Implementations

1. Eligibility requirements

2. Equipment requirements

3. Implementation Requirements

Schedule 3 – BESS4 Implementations

1. Eligibility requirements

2. Equipment requirements

3. Implementation requirements

Schedule 4 – BESS5 Implementations

1. Eligibility requirements

2. Equipment requirements

3. Implementation requirements

Annexure A –Compliance Requirements

Contact Us