The applicable Consumption Allowance for each Subscription Level may vary by State or Territory. The state-based consumption thresholds for Victoria, New South Wales and South Australia are as set out in the Details or as otherwise published on our website.

A tolerance of 20% above the applicable Consumption Allowance will apply before a breach is recorded (the "Fair Use Buffer"). Where your monthly grid consumption exceeds your Consumption Allowance but remains within the Fair Use Buffer, that month will not count as a breach for the purposes of this clause 6.

If your monthly grid consumption exceeds the sum of your Consumption Allowance and any Carry-Forward Amount (inclusive of the Fair Use Buffer) in any calendar month, that month will be recorded as a usage threshold breach (a "Usage Reminder").

If you receive three (3) or more Usage Reminders within any consecutive 12-month period, we may, at our discretion and upon providing you with reasonable written notice as set out in your Agreement Terms or otherwise permitted by Laws.

Where the Term of this Agreement exceeds 24 months, we may recalibrate the Consumption Allowance applicable to your Subscription Level at intervals of not less than 24 months, to reflect changes in energy market conditions, network costs or your actual usage patterns. We will provide you with not less than 30 days' written notice of any such recalibration, including the revised Consumption Allowance, before it takes effect.

6b. Carry-Forward Amount

If your monthly grid consumption is less than your Consumption Allowance in any calendar month, the unused portion of the Consumption Allowance for that month (the "Carry-Forward Amount") will roll over and be added to your Consumption Allowance for the following month. Carry-Forward Amounts will continue to accumulate on a monthly basis until the expiry of each consecutive 12-month period from the commencement Energy Plan (each an "Anniversary Date"). All accumulated Carry-Forward Amounts will expire and reset to zero on each Anniversary Date and will not transfer to any subsequent 12-month period.

6c. Limits on ENGIE usage

During the Plan Feature Period ENGIE’s use of your Energy Storage System will be subject to the following limits:

i. ENGIE will not discharge or charge your Energy Storage System more than an average of 19% of an Equivalent Full Cycle per day, calculated annually.

ii. The limitations set out in 6(c)(i) may be waived no more than 12 times in any calendar year, in cases of extreme weather or market conditions where urgent intervention is required.

iii. Provided that your Energy Storage System is on our current list of eligible batteries (as set out on our website), ENGIE will use best efforts to follow the manufacturer’s publicly available usage guidelines applicable to your Energy Storage System.

Each kWh of electricity drawn from the grid to your Energy Storage System pursuant to these Special Conditions (“VPP Usage”) will be included in the Consumption Allowance calculation.

However, ENGIE will not:

i. Allow the VPP Usage to exceed the 20% tolerance set out in 6a) above; and/or

ii. Allow the level of the energy stored in the Energy Storage System to drop below the following limits as a result of your participation in the Special Conditions:

1. 20% for Tesla Powerwall; or
2. The level of “reserve energy for backup power as set by the manufacturer or by Us and notified to you from time to time for any other Energy Storage Systems.

7. Network Tariff

You acknowledge and agree that, after the commencement of the Plan Feature Period, we may request that your Distributor (as the relevant Distribution Network Service Provider) review the network tariff (or network tariff class) applicable to your Premises in accordance with Law and the Distributor’s applicable tariff structure statement and distribution determination. We may make such a request where we reasonably consider that an alternative network tariff would be more compatible with, or better optimize, the operation of your Energy Storage System (including, without limitation, battery-compatible tariffs offered by your Distributor).

We will give you reasonable written notice before we make, or action, any request for review. For the avoidance of doubt, any change to your network tariff under this clause does not constitute a variation to the Subscription Price or a change to these Special Conditions.

8. Your Obligations

During the Plan Feature Period, you must:

• not permit anyone other than us to control your Energy Storage System;
• ensure that your Energy Storage System is properly functioning and connected to the internet connection at all times;
• not interfere with or override in any way the activities described in these Special Conditions (including, without limitation, by using any third party software applications or tools to modify or alter any settings or features, or to select the operating mode, in connection with your Energy Storage System);
• promptly comply with any instruction we provide to ensure that your operation of the Energy Storage System is in compliance with these Special Conditions, including to select the operating mode; and
• otherwise continue to meet the Eligibility Criteria.

Where reasonably practicable, you must give us 20 Business Days' notice if:

• You will cease to meet any of the Eligibility Criteria (for example, if you will be moving); or
• There will or is likely to be a change to the capacity of your battery facility, solar PV system or any other associated equipment (for example, if you need to repair, remove or modify any component of the Energy Storage System).

9. Consent to Communications and Notices

You agree that we may send you communications (including by email, SMS or other electronic means) in connection with your Consumption Allowance, including usage warnings, Usage Reminder notifications and notices required under clause 6 of these Special Conditions.

You also agree that, in the event that the Fair Use Policy is invoked and your Agreement is terminated pursuant to clause 6, we may contact you on your registered phone number or email address to discuss alternative energy plans including a higher subscription level.

You must ensure that the contact details (including your email address) held by us are current and accurate at all times. Failure to maintain current contact details may affect our ability to provide you with usage warnings or other notices under these Special Conditions, and will not relieve you of your obligations under clause 6.

You acknowledge that, for the purposes of receiving usage threshold warnings and Usage Reminder notifications under these Special Conditions, it may be necessary for you to consent to receiving electronic communications from us. If you have opted out of receiving marketing or promotional communications from us, you acknowledge that operational communications relating to your Consumption Allowance and Usage Reminder notifications are service communications and not marketing communications, and you consent to receiving such service communications notwithstanding any marketing opt-out preferences you may have indicated.

10. Data

You agree to make available to us or consent to us obtaining, information relating to the amount of electricity stored in your battery facility and any other information reasonably necessary for us to evaluate or perform the services described in this contract.
You acknowledge that the Energy Storage System may capture data. To the maximum extent permitted by Law, that data will be transmitted to and owned by us.

To the maximum extent permitted by Law, you agree: to this transmission and ownership of data; and that we may use and share this data in any way that we reasonably consider helpful or necessary to evaluate or perform the Energy Management Solutions, including for the purpose
of disclosing it to any third party associated with the provision of Energy Management Solutions (including our Related Bodies Corporate and personnel of ours or our Related Bodies, your Distributor and government agencies).

You acknowledge and agree that your agreement under this clause 10 will continue to apply to any data received before or after the Plan Feature Period.

11. Limitation of Liability

Subject to applicable Law, including the rights you have under the Australian Consumer Law, neither party is liable to the other for any Excluded Loss (as defined under the Agreement).

These Special Conditions do not affect any limitation of liability or immunity either party has under applicable Law or your Agreement.

12. Maintenance

You agree to:

• regularly monitor the Energy Storage System to ensure that it is operating and storing solar power;
• take all reasonable steps, at your cost, to ensure that the Energy Storage System is in good working order at all times and able to reliably and continuously communicate with us;
• maintain the Energy Storage System in a safe condition and in accordance with the requirements of the relevant manufacturer, the Clean Energy Council and the distribution network;
• ensure that any work on the Energy Storage System and equipment (to the extent required by Law), and any associated work at your Premises, is done by appropriately qualified electricians; and
• keep all vegetation, structures and vehicles at your Premises clear of the Energy Storage System.