The terms that apply when Stake Energy remotely monitors, controls or optimises a customer-owned or third-party-owned commercial battery.
Important: These terms cover Stake's battery control service. They do not replace the battery manufacturer's warranty, the installation contract, the customer's electricity retail contract or any applicable network connection agreement.
These Battery Control Service Terms are between Stake Energy Pty Ltd (ABN 62 677 963 683) ("Stake", "we", "us" or "our") and the business customer identified in the applicable service order, proposal or acceptance record ("Customer", "you" or "your").
These terms, together with the service order and any agreed operating schedule, form the Battery Control Service Agreement. The agreement begins when you accept the service order or authorise us to commence the service. If there is an inconsistency, the service order prevails to the extent of that inconsistency.
The service is offered for commercial battery systems. A separate electricity retail contract or market participation arrangement may apply where required for a particular site or service.
Before service begins, the battery, inverter, energy management system, firmware, communications, metering and site configuration must be compatible with Stake's control platform.
You represent and warrant that:
We may decline or suspend a site if it is not compatible, safe, properly authorised or able to receive and reliably act on control instructions.
Subject to compatibility and the agreed service order, Stake may:
The exact functions available depend on the compatible equipment, third-party platform, retailer, meter, network and site configuration. The service does not include hardware maintenance, warranty service, electrical work, emergency response or electricity retail supply unless expressly included in a separate agreement.
You authorise Stake to remotely monitor and control the nominated battery throughout the service term. This may change when the battery charges, discharges, exports, supplies site load or preserves stored energy.
Before live control begins, the parties will agree or confirm relevant operating settings, which may include:
The equipment's safety systems and battery management system, applicable laws and network limits take priority over Stake's instructions. Agreed customer settings then take priority over economic optimisation.
Remote control may leave less stored energy available for backup or site use. You are responsible for choosing and maintaining a reserve appropriate for your operations. You must not rely on the service or battery for life-sustaining equipment or another critical purpose unless that use has been expressly reviewed and agreed in writing.
Unless a different price is stated in the service order, the monthly service fee for each Site is:
| Component | Monthly price, excluding GST |
|---|---|
| Base Site Fee | $99.00 per Site |
| Battery Capacity Fee | $0.19 for each kWh of Usable Capacity at that Site |
For example, a Site with 261 kWh of Usable Capacity is $148.59 per month excluding GST: $99.00 + (261 × $0.19).
A "Site" is one supply address and associated National Metering Identifier or other connection point accepted by Stake. Where multiple controlled batteries operate at one Site, their Usable Capacity is combined and one Base Site Fee applies. Separate connection points are separate Sites.
"Usable Capacity" is the usable energy capacity recorded by the manufacturer, system profile or commissioning record when the service begins. It does not reduce with ordinary battery degradation. If capacity is added or removed, the Capacity Fee changes from the next billing period after Stake confirms the change.
Standard remote setup is included and there is no onboarding fee for compatible brands. Integration fees may apply for other brands. Any non-standard controller, communications equipment, meter, onsite attendance, electrical work or custom integration is outside the monthly service fee and will only be charged if separately quoted and approved.
Fees are billed monthly in advance, with any partial first month charged proportionately. You must pay each invoice by its due date. We may suspend the service after giving notice if an undisputed invoice remains overdue.
You must:
You must not interfere with, bypass, test or reverse engineer Stake's control service, credentials, software or security controls.
Stake does not manufacture, sell, install or warrant customer-owned or third-party equipment under this agreement. Hardware faults, installation defects and warranty claims remain matters for the equipment owner, manufacturer, supplier or installer.
Charging and discharging causes ordinary battery cycling, efficiency losses and degradation. You acknowledge that use of the service may contribute to battery wear. Stake will use reasonable care to operate within the compatible system's documented limits and the settings agreed for the Site, but does not provide an additional battery performance or capacity warranty.
You are responsible for reviewing the applicable manufacturer warranty and telling us about any relevant throughput, cycle, state-of-charge, temperature, export or operating restriction. We may change or suspend control where reasonably necessary to protect the equipment or comply with a documented restriction.
The service depends on electricity supply, internet and mobile networks, meters, manufacturer platforms, third-party APIs, firmware, market data and other systems outside Stake's control. We do not guarantee uninterrupted or error-free availability.
If communications or reliable telemetry are unavailable, the battery may remain at its last instruction, return to a local operating mode, stop responding to Stake, or behave as determined by its manufacturer configuration. The safe fallback behaviour is confirmed where possible during commissioning, but remains subject to the equipment and third-party platform.
We may temporarily pause control for safety, maintenance, security, market, regulatory or equipment reasons. We will use reasonable efforts to restore the service when the relevant issue is resolved.
You authorise Stake to collect, receive, store, analyse and use information reasonably required to provide and improve the service, including equipment identifiers, configuration, battery status, state of charge, power, solar production, site load, interval data, tariffs, commands, responses, faults and availability.
You retain ownership of data you provide. You grant Stake a non-exclusive licence to use that data to provide the service, meet legal and market obligations, investigate incidents, produce reports, and improve Stake's systems. Stake may use aggregated or de-identified data for analytics, benchmarking and service development.
Stake may share relevant data with equipment manufacturers, platform providers, metering parties, retailers, market participants, advisers and service providers where reasonably required to provide the service or comply with law. Personal information is handled under our Privacy Policy.
Each party must take reasonable steps to protect credentials and systems from unauthorised access. You must notify us promptly if you suspect that a relevant account, credential, controller or site network has been compromised.
Battery performance and financial results depend on site consumption, solar production, tariffs, market prices, network constraints, equipment availability, efficiency, degradation, customer overrides and other factors. Stake does not guarantee any particular saving, revenue, demand reduction, increase in site throughput, market payment or payback period.
Battery-assisted load support does not change the Site's approved network connection capacity. Any increase in power available to site loads is temporary and depends on battery power, state of charge, equipment response, site controls, electrical design and applicable network limits.
Forecasts, simulations, examples and calculator results are estimates only. Unless the service order says otherwise, they are not promises and do not account for every cost, tax, loss, equipment issue or future market condition.
Participation in a VPP or market service is subject to technical eligibility, compatible metering, network and retailer arrangements, market rules, registration pathways and any additional agreement required for that service. Remote battery optimisation does not by itself guarantee eligibility or participation.
Nothing in this agreement excludes, restricts or modifies a right, remedy, guarantee or liability that cannot lawfully be excluded, including under the Australian Consumer Law.
To the maximum extent permitted by law, Stake is not liable for indirect, consequential or special loss, loss of profit or revenue, loss of opportunity, loss arising from a third-party system or equipment fault, or loss that could reasonably have been avoided by following the agreed operating, reserve, maintenance or notification procedures.
To the maximum extent permitted by law, Stake's total aggregate liability arising from the service in any 12-month period is limited to the service fees paid or payable for the affected Site during that period.
You indemnify Stake against loss reasonably arising from a material breach of your authority warranty in clause 2, unlawful or unsafe equipment or site conditions under your control, or a third-party claim caused by your material breach of this agreement. This indemnity is reduced to the extent Stake caused or contributed to the loss.
Unless the service order states a fixed term, the service continues month-to-month. Either party may terminate it by giving at least 30 days' written notice.
Stake may suspend control immediately where reasonably necessary for safety, cybersecurity, equipment protection, legal or market compliance, loss of authority, conflicting control, or a serious service risk. Where practicable, we will notify you and explain what is required before control can resume.
Either party may terminate immediately if the other party materially breaches the agreement and does not remedy the breach within 14 days after receiving written notice, or becomes insolvent.
When the service ends, Stake will cease routine control and remove or request removal of its access. The battery's final or local operating mode depends on its configuration. You remain responsible for arranging any required reconfiguration, replacement controller or third-party access after termination.
We may update these terms or the standard service price by giving at least 30 days' written notice. If a change materially disadvantages you, you may terminate before it takes effect. A change required urgently for safety, security or law may take effect earlier.
Stake retains all rights in its software, forecasting methods, optimisation logic, interfaces, reports, documentation and service improvements. No ownership in that intellectual property transfers to you.
Each party must keep the other party's non-public commercial, technical and security information confidential, except where disclosure is required to perform the agreement, obtain professional advice or comply with law.
Neither party is liable for delay or failure to perform an obligation, other than a payment obligation, to the extent caused by an event outside its reasonable control.
You may not assign the agreement without Stake's written consent. Stake may use subcontractors and service providers to perform the service and remains responsible for its obligations under the agreement.
The Battery Control Service Agreement is the entire agreement about the service and replaces earlier discussions about it. If a provision is invalid or unenforceable, it is read down or severed without affecting the remaining provisions.
The agreement is governed by the laws of New South Wales, Australia. The parties submit to the courts of New South Wales and courts entitled to hear appeals from them.
Notices under the agreement may be sent by email to the address recorded for the relevant party. A party must notify the other if its notice details change.
If you have a question or dispute, contact us first so we can investigate. The parties will try in good faith to resolve a dispute through their nominated representatives before commencing court proceedings, except where urgent relief is required.
