1. Definitions and interpretation

1.1 In these Terms and Conditions:

(a) “AP” means:
(i) in relation to the NESS, an “Accredited Certificate Provider” under the NESS; and
(ii) in relation to the VEU, an “Accredited Person” under the VEU.
(b) “Business Day” means in respect of the location at which a right or obligation is to be performed pursuant to the Contract, a day not being a Saturday, Sunday or public holiday in that location.
(c) “Certificate” means:
(i) in relation to the NESS, an ESC that is created under and in accordance with the NESS; and
(ii) in relation to the VEU, a VEEC that is created under and in accordance with the VEU.
(d) “Contract” means:
(i) the Quote as countersigned by You; and
(ii) these Terms and Conditions,
for the Installation of Products in accordance with the applicable Scheme.
(e) “Customer” means the entity specified in the Quote.
(f) “Discount” means the value of Certificates related to the Products and their Installation as determined by the market for the Certificates and as estimated by Easy Being Green and specified in the Quote.
(g) “Easy Being Green” means Easy Being Green Pty Ltd ABN 59 120 665 714
(h) “ESC” means an “Energy Savings Certificate” being one or more certificates generated from completed and verified energy savings initiatives under the NESS, which are created by an AP and validated by the Regulator prior to registration. The ESCs are made by an AP when energy saving activities are undertaken that improve energy efficiency in a variety of residential, commercial and industrial settings.
(i) “Essential Services Commission” means the Essential Services Commission of Victoria, or such other person or body which administers the VEU from time to time.
(j) “Force Majeure Event” means an event, circumstance or cause beyond the reasonable control of the party who claims that the event, circumstance or cause prevents that party from performing any obligation in full under the Contract, including, without limitation:
(i) act of God, lightning, storm, flood, fire, earthquake or explosion, adverse weather conditions;
(ii) epidemic, pandemic or similar health event, whether or not declared by a relevant health or government authority;
(iii) strike, lock-out or other labour difficulty;
(iv) act of public enemy, war (declared or undeclared), sabotage, blockade, revolution, riot, insurrection, civil commotion, terrorism;
(v) the effect of any applicable laws, orders, rules or regulations of any government or other competent authority, coming into effect after the date of the Contract; or
(vi) embargo, or a power or water shortage.
(k) "GST" means the Goods and Services Tax under the New Tax System (Goods and Services Tax) Act and includes any other GST related legislation.
(l) “Independent Pricing and Regulatory Tribunal” means the Independent Pricing and Regulatory Tribunal of New South Wales, or such other person or body which administers the NESS from time to time.
(m) “Installation” means the process of installing the Products.
(n) “Installation Date” means the date or dates on which the Products are to be Installed at the Premises, as agreed between the Customer and Easy Being Green.
(o) “Installer” means the Easy Being Green personnel or the contractor nominated by Easy Being Green (or their sub-contractors) to undertake the Installation of the Products on behalf of Easy Being Green.
(p) “NESS” means the “New South Wales Energy Savings Scheme”, the New South Wales based mandatory energy efficiency scheme, introduced by the New South Wales government in 2009 pursuant to the Electricity Supply Act 1995, the Electricity Supply (General) Regulation 2014 and the Energy Savings Scheme Rule of 2009. The NESS works by establishing a market for tradeable ESCs.
(q) “Nomination Form” means:
(i) in relation to the NESS, the “Energy Saver Nomination” form specified from time to time under the NESS for the Customer to nominate Easy Being Green as the energy saver who is able to create Certificates under the NESS; and
(ii) in relation to the VEU, the “VEEC Assignment Form: Building Based Lighting Upgrade (Activity 34) Business and Non-Residential premises” form specified from time to time under the VEU for the Customer to assign to Easy Being Green the right to create Certificates under the VEU.
(r) “Personal Information” means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, disclosed to or made available to Easy Being Green in the course of or for the purpose of providing the Products and Installing the Products.
(s) “Post Installation Declaration” means:
(i) in relation to the NESS, the “Post Implementation Declaration” form as required under the NESS and in the form specified from time to time under the NESS; and
(ii) in relation to the VEU, the “AS/NZS 1680 Compliance Declaration: Building Based Lighting Upgrade (Activity 34)” form as required under the VEU and in the form specified from time to time under the VEU.
(t) “Premises” mean the Customer’s address at which the Products will be Installed, as specified in the Quote.
(u) “Price” means the total and final cost specified by Easy Being Green for the Products and the Installation of the Products (without the application of any proposed Discount) but subject always to any additional fees and costs charged in accordance with these Terms and Conditions.
(v) "Products" means any energy efficiency lighting products and associated services specified in the Quote that is or are to be Installed at the Premises.
(w) “Quote” means the document specifying the Products, the proposed Price of the Products (plus any Discount) and the details of the Installation of the Products given to You by Easy Being Green.
(x) “Regulator” means:
(i) in relation to the NESS, the Independent Pricing and Regulatory Tribunal; and
(ii) in relation to the VEU, the Essential Services Commission.
(y) “Scheme” means either:
(i) the NESS; or
(ii) the VEU,
as the case may be.
(z) “VEU” means “Victorian Energy Upgrade program, the Victorian based mandatory energy efficiency scheme, introduced by the Victorian government in 2009 pursuant to the Victorian Energy Efficiency Target Act 2007, the Victorian Energy Efficiency Target Regulations 2008 and the Victorian Energy Efficiency Target (Project Based Activities) Regulations 2017. The VEU works by establishing a market for tradeable VEECs. The VEU Scheme was previously known as the VEET Scheme.
(aa) VEEC means a “Victorian Energy Efficiency Certificate”, being one or more certificates generated from completed and verified energy savings initiatives under the VEU, which are created by an AP and validated by the Regulator prior to registration. The VEECs are made by an AP when energy saving activities are undertaken that improve energy efficiency in a variety of residential, commercial and industrial settings.
(bb) “You” and “Your” means the Customer identified in the Quote and where the context requires, includes any officer, employee, subcontractor or agent of the Customer.

1.2 In these Terms and Conditions, unless the contrary intention appears:

(a) headings are for ease of reference only and do not affect the meaning of these Terms and Conditions;
(b) the singular includes the plural and vice versa and words importing a gender include other genders;
(c) other grammatical forms of defined words or expressions have corresponding meanings;
(d) a reference to a document or agreement, including these Terms and Conditions, includes a reference to that document or agreement as novated, altered or replaced from time to time;
(e) a reference to 'A$', '$A', 'dollar' or '$' is a reference to Australian currency;
(f) a reference to a party includes its executors, administrators, successors and permitted assigns;
(g) words and expressions importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies;
(h) a reference to any legislation or statutory instrument or regulation is construed in accordance with the Acts Interpretation Act 1901 (Cth) or the equivalent State legislation, as applicable; and
(i) a reference to any statute or other legislation is to a statute or other legislation as amended or replaced from time to time.