The Agreement

Sales agreements must be provided in writing after the phone call or immediately after being signed and must:

  • be written in plain, clear language
  • be printed (changes may be handwritten and signed)
  • be signed by the customer and agent. The front page must have the customers signature and the date signed
  • set out the full terms and conditions of the agreement, including the cooling-off period
  • state the total price payable or how this will be calculated, as well as any delivery or postal costs
  • clearly state on the front page that the customer have the right to terminate the agreement (or cool-off)
  • be accompanied by a form that the customer can use to cancel the agreement during the cooling-off period
  • include our contact details (their physical business address, email and fax number) and Australian Business Number or Australian Company Number.

What is Explicit Informed Consent?

Explicit Informed Consent is the type of consent required from a customer when they enter into an energy contract.

Informed decision-making is a two way communication process between the customer and the business.

It reflects the principle that a customer has a right to accept or decline an offer, the right to change their mind, and to make their decision after considering all relevant information

EIC is important, as it means that the customer understands what they are doing.

EIC is made up of lots of different parts, and is based on the information they were provided, the way we answered their questions, and how well they understand what we’re telling them. It’s not just a script we read at the end of a call.

EIC can only be given when the customer has all the information they need to make a decision to agree to a contract.

What does that mean?

Consent is explicitly provided, meaning: 

  • the customer is agreeing to enter the contract for the sale and supply of energy at the rates and charges presented to them
  • this means that any disability that may impact on a person’s capacity to provide consent must be considered and communication must be tailored accordingly

 Consent must be informed, meaning :

  • to be informed there must be a two-way discussion between a agent and the customer in a way that is balanced and transparent.  
  • Information provided to customers must be current, complete, and presented without jargon and in plain simple english;

Consent must be voluntary, meaning:

  • the customer must be given a genuine opportunity to provide or withhold their consent.
  • The customer must be free from pressure, undue influence or duress.

What does that mean?

The customer has the ability to provide consent.  They must be able to understand and use the information to make a decision.