Who is ARC Energy Group?
ARC Energy Group Pty Ltd (“ARC Energy”) is a newly formed Australian company carrying on business as an embedded electricity network operator or “Exempt Seller”. ARC Energy establishes and operates embedded electricity networks for multi-tenanted residential and business developments, as well as providing a range of consultancy services.
ARC Energy arranges for the purchase of electricity in bulk on behalf of developers and owners’ corporations within a development and supplies it to the occupants at a discounted rate. The cost of purchasing electricity in bulk is less than the total amount that would be paid by all the individual customers. This arrangement is known as an “Embedded Network”.
ARC Energy also provides a comprehensive customer management service, ensuring all legislative and legal requirements are adhered to in the provision of electricity to your premises. As an embedded customer of ARC Energy, your electricity will be supplied through the embedded network where your premises are located. In the process you’ll receive competitive pricing and first-class service from ARC Energy.
ARC Energy is intent on establishing a flexible and creative business framework that will take it through its initial stages of growth. ARC Energy’s management team have had many years’ combined experience in the retail electricity industry and have already established a culture of enthusiasm and service throughout its business.
Information for customers of exempt sellers
If you buy your electricity or gas from an Exempt Seller, you have protections and rights. These may be different from those of an authorised retailer's customers.
If you are a residential customer (for example, a tenant in an apartment building), your customer protections will include:
- (a) Flexible payment options if you are experiencing financial difficulty;
- (b) Clear and set time frames for receiving and paying bills;
- (c) Complaints handling arrangements;
- (d) Energy charges that are no greater than the standing offer prices a local area retailer can charge contracted customers; and
- (e) Clear and reasonable disconnection procedures.
If you are a tenant you may also have energy related rights and obligations under your tenancy agreement.
If you are a retail or commercial customer, your rights will include:
- (a) Clear and reasonable disconnection procedures;
- (b) Clear and set time frames for receiving and paying bills;
- (c) Energy charges that are no greater than the standing offer prices a local area retailer can, in certain circumstances, charge contracted customers (small retail and commercial customers only); and
- (d) Complaint handling requirements.
Exempt Sellers must provide information to customers about their rights at the beginning of the contract or agreement. Your Exempt Seller must also give you a copy of their exemption conditions and explain their obligations to you. A list of conditions is available on the Australian Energy Regulator’s website along with further information about your rights as a customer.
Our Policy Principles
ARC Energy is subject to Policy Principles which are set out in the Energy Retail Law. These are the following:
- (a) Regulatory arrangements for exempt sellers should not unnecessarily differ from those applying to authorised retailers;
- (b) Exempt customers should have the right to a choice of retailer and there must be no impediments that reduce a customer’s ability to exercise choice;
- (c) Small customers should not be denied customer protections afforded to small retail customers under the Retail Law and Retail Rules.
ARC Energy’s retail terms and conditions include the customer protections afforded to small retail customers under the Energy Retail Law and Retail Rules. These terms and conditions make it clear to purchasers and lessees (and prospective purchasers and lessees) that they are under no obligation to purchase their electricity from ARC Energy, and have complete freedom to choose to enter into a supply agreement with an authorised retailer.
Arc Energy’s compliance program incorporates these policy principles. It stresses that embedded customers should be able to choose their electricity retailer and that Arc Energy Group does not support the creation of infrastructure that deliberately reduces a customer’s ability to exercise choice.
Arc Energy Group’s retail terms and conditions encompass the customer protections afforded to small retail customers under the Retail Law and Retail Rules.
Arc Energy Group will also ensure that purchasers and lessees (and prospective purchasers and lessees) of premises in the Embedded Network are informed in writing of the existence of the Embedded Network and are provided with comprehensive information about its operation and the rights of embedded customers. It will be made clear to purchasers and lessees (and prospective purchasers and lessees) that they are under no obligation to purchase their electricity from Arc Energy Group, and have complete freedom to choose to enter into a supply agreement with an authorised retailer.
Retail supply agreements with embedded customers will reflect the core exemption conditions set out in the AER’s Retail Exempt Selling Guidelines. In addition, they will benefit from very competitive electricity prices.
Core Exemption Conditions
The Core Exemption Conditions apply under the National Energy Retail Rules to the sale of energy to residential customers by Exempt Persons. The Core Exemption Conditions are based on the retail customer protections provided under the National Energy Retail Law.
You can contact our customer service team to request a copy of the Core Exemption Conditions.
Our management of personal information
We at ARC Energy Group recognise and understand the importance you place on your personal information. That is why we are very serious about complying with the Privacy Laws.
We have taken steps to implement practices, procedures and systems relating to our business that will ensure that we comply with the Privacy Laws and will enable us to deal with inquiries or complaints from customers about our compliance with those laws.
What sort of personal information do we need?
We will only collect personal information about you when it is necessary for the purpose of supplying you with the services and products that you have agreed to purchase from us and to enable us provide you with the best possible level of customer service. In other words, we only need to know what is necessary for us to know in order to supply you with what you have agreed to purchase from us.
We may collect information about a customer’s name, type of business, date of birth, driver’s licence number, occupation, electricity consumption, payment details and other relevant details.
We do not need sensitive information about you and we do not collect it.
We will collect personal information only by lawful and fair means. We will collect information about a person only from that person, unless he or she consents to the collection of the information from someone other than that person, or unless it is reasonable and safe to do so.
The collection of personal information
As a general rule, when we collect personal information about you, we must notify you that we have collected the information and the purpose for which we have collected the information.
We will also inform you that our complaint and dispute resolution procedures contain details of how a complaint can be about a breach of the Privacy Laws and how we will deal with such a complaint
Use or disclosure of personal information
If we collect personal information about you and this was collected for a particular purpose, we must not use or disclose the information for any other purpose, unless you consent to the use or disclosure of the information or unless the use or disclosure is for a purpose related to the particular purpose and is within your reasonable expectations.
We may collect personal information from related companies in the ARC Energy Group or provide it to such related companies. In these cases, we will ensure that any such related companies comply with the Privacy Laws as we do.
This does not apply to the use or disclosure of personal information for the purpose of direct marketing to you.
If we hold personal information about you, we can only use or disclose the information for the purpose of direct marketing if we have collected the information from you and you would expect us to use or disclose the information for that purpose and we have provided you with a simple means to opt out of receiving marketing communications from us.
We may use or disclose sensitive information about you for the purpose of marketing if you have consented to the use or disclosure of the information for that purpose.
Disclosure of personal information overseas
We may give personal information to overseas companies that provide data storage or other customer-related services. However, we always maintain control of the personal information.
Before we disclose personal information to an overseas company, we will ensure that the overseas company complies with the Privacy Laws in relation to the information, or alternatively, is subject to a law that protects the information in a way that is similar to the way in which the Privacy Laws protect the information.
Use of government related identifiers
We cannot adopt a government related identifier of a person as our own identifier of the person. For example, we can use a driver’s licence number to identify a caller, but we cannot use the driver’s licence number as a customer identity number.
Quality of personal information
We will take reasonable steps to ensure that the personal information that we collect about you is accurate, up-to-date and complete. If we use or disclose personal information we must take reasonable steps to ensure that the personal information that we use or disclose is accurate, up-to-date, complete and relevant.
Security of personal information
We will take reasonable steps to ensure that personal information about you is protected from misuse, interference and loss as well as from unauthorised access, hacking, modification or disclosure. We will also take reasonable steps to destroy or permanently de-identify information that is no longer needed.
Access to personal information
If we hold personal information about you, we must in normal circumstances give you access to the information when requested. We must respond to your request for access to the personal information within a reasonable period after the request is made and we must give you access to the information in the manner requested, if it is reasonable and practicable to do so. Normally, we will provide you with a print-out of the relevant personal information from our database or photocopies of paper files.
Correction of personal information
If we hold personal information about you, and we are satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading or if you request us to correct the information, we will take reasonable steps to correct that information to ensure that the information is accurate, up to date, complete, relevant and not misleading.
Information to be provided to customers at the start of their tenancy
Under the Australian Retail Exempt Selling Guideline, we must advise our exempt customers, at the start of their tenancy/residency agreement, of the following:
- You can choose an authorised electricity retailer to supply electricity to your premises but you should advise the authorised electricity retailer that your electricity meter is part of an Embedded Network. We will ensure that your access to an authorised retailer of choice is not impeded by any network configuration or metering arrangements.
- Arc Energy as an exempt seller is not subject to all the obligations of an authorised electricity retailer, and you will not receive the same protections as it would if you were purchasing from an authorised retailer
- Our procedures for handling disputes and complaints are set out on our web site. In the event of a complaint by the customer or a dispute arising with a Customer concerning the supply of electricity, we will make reasonable endeavours to resolve the complaint or dispute, and will advise the Customer of any right that the customer may have to access the energy Ombudsman scheme administered by the Energy and Water Ombudsman NSW (EWON).
- The conditions applicable to the Retail Exemption that Arc Energy is operating under are set out in the Instrument of Exemption issued by the Australian Energy Regulator on 8 April 2016, which is available on our web site
- All relevant NSW, Commonwealth and non-government energy rebates, concessions and relief schemes are available to eligible customers. Eligibility will depend on the customer’s individual circumstances. We are able and willing to assist with these
- For residential customers with payment difficulties, we offer a customer hardship scheme to assist them. We recognises that financial hardship is a circumstance that customers may face when they have the intention but not the capacity to make a payment within the timeframe required by our payment terms.
- The electricity tariffs and charges that will apply to the sale of electricity to you are set out on our web site.
- Upon request, residential customers are offered a bill smoothing arrangement where they are provided with estimated bills for the same amount over a 12 month period and each invoice is based on the customers and is based on the average consumption for a 12 month period and at the end of the 12 month period, we will obtain a meter read and adjust any over or under estimating of the customer’s bills.
- Contact numbers in the event of an electricity fault or emergency are set out on Arc Energy’s bills.
- Your Electricity Supply Agreement with Arc Energy is covered by Australian consumer protection laws and is separate from your contract (if any) with your electricity retailer and distributor which are covered under the National Energy Retail Law.