SOLAHART/ ENDEAVOUR ENERGY TRIAL PROGRAM (“PROGRAM”) TERMS AND CONDITIONS

 

SOLAHART/ ENDEAVOUR ENERGY TRIAL PROGRAM (“PROGRAM”)

TERMS AND CONDITIONS

 

As part of registering to the Program, the Customer agrees to be bound by the Program Terms and Conditions below. (The capitalised wording used herein shall have the same meaning as set out in the Customer Registration Agreement of the Program).

 

1.             TERM OF THE PROGRAM

  • The Customer agrees to be connected to the Program until 30 June The Program may be subject to extension. Any extended period (initial period and extended period together referred to as “Term”) to be notified to the Customer by Solahart Industries Pty Ltd (ABN 45 064 945 848) (“Service Provider”) from time to time in writing.
  • At the end of the Term, other new programs, subject to new terms and conditions, may be offered to the Customer by the Service Provider or Service Provider’s partner companies and the Customer may join these

 

2.             OBLIGATIONS OF THE CUSTOMER

  • The Customer shall:
    • be a resident of within the Endeavour network area in New South Wales.
    • ensure that the gateway shall always be connected to a power supply and reliable internet connection that are always switched on during the
    • enter into an agreement with Combined Energy Technologies Pty Ltd (ABN 15 616 324 362) for data
  • The Customer understands that it is necessary to have strict compliance to the Contract Terms (i.e. terms and conditions set out in the ‘Customer Registration Agreement’ and these Program Terms and Conditions) and other requirements informed to the Customer by the Service Provider from time to time to obtain the benefits of the
  • In the event of sale or lease of the Premises before the expiry of the Term, the Customer agrees to transfer its obligations set out in the Contract Terms to the new owner or the lessee, or to repay the subsidy received from the Service Provider for the unexpired period of the Program. In the event the new owner or the lessee agrees to join the Program, the Customer shall provide the contact details of the new owner or lessee to the Service

 

3.             TERMINATION

  • The Customer understands that it is absolutely necessary to be on the Program during the full Program Term because the Program outcomes are dependent on full participation by all the The benefits of the Program to the Customers are provided on the basis of participation for the full Term.
  • If the Customer terminates from the Program prior to the end of the Term, the following consequences may transpire:
    • The Customer may be asked to repay the subsidy received from the Service Provider for the unexpired period of the Program.
    • The HEMS may default from the premium service level functionality to the basic service level.
  • At the conclusion of the Program, the HEMS will default to the basic service level. The Customer will be offered a continuation of the Premium Home Energy Management Services at a competitive subscription

 

4.             INDEMNITY

  • The Customer agrees to defend, indemnify and hold the Service Provider and its project partners from and against any and all claim, liability, loss, damage, cost or expense (including legal costs on a full indemnity basis) that the Service Provider incurs or suffers directly or indirectly as a result of breach of these Contract Terms by the Customer and its household members, visitors, agents, representatives and contractors and all claims of any kind or nature whatsoever against the Service Provider and its project partners arising from the actions or omissions of the Customer in connection with these Contract

 

5.             LIMITATION OF LIABILITY

  • The Service Provider shall not be liable for any direct or indirect cost, expense, damage, loss, death or injury to the Customer due to;
    • interruption of electricity or internet;
    • limited internet bandwidth;
    • malfunction or defect in software or hardware supplied by third parties and connected to the System;
    • malfunction of the System due to third party hardware or software connected to the System;
    • change of weather conditions;
    • virus attack to the System;
    • intentional, wrongful, negligent, fraudulent or reckless act or omission of the Customer or its household members, visitors, agents, representatives and contractors;
    • failure to inform the Service Provider of malfunction or error in the System;
    • any changes to laws or regulation by the Governments of New South Wales and Australia, their agencies, other authorities or regulators;
    • recovery of subsidised appliances by Endeavour;
    • demand response events initiated by any authority, regulator, service provider or automatically in response to electricity network faults or performance issues;
    • an act of God or any act or omission beyond reasonable control of the Service Provider and its project partners; and
    • Customer’s failure to abide by the Contract Terms and other requirements informed to the Customer by the Service Provider from time to
  • The Service Provider shall not be liable for loss of or non-transmission of any data as a result of faults or restrictions in the electricity network or internet
  • The Service Provider shall not be liable for any special, indirect or consequential losses or damages, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the Program or under the Contract

 

6.             MISCELLANEOUS

  • All the conditions or warranties which may be implied or incorporated into these Contract Terms by law or otherwise are hereby expressly excluded to the extent permitted by
  • The Service Provider reserves the right to modify the Contract Terms from time to Such variations shall become effective within one week from publishing it on this website. By continuing to use this website and be on the Program, the Customer will be deemed to have accepted the varied Contract Terms.
  • The Customer shall not be entitled to assign the Contract Terms except as expressly stated in the Contract Except for any permitted assignment of these Contract Terms, a person who is not a party to these Contract Terms has no right of enforcement of these Contract Terms.
  • Unless specifically stated herein, these Contract Terms constitute the entire understanding between the parties regarding the Program and supersedes any and all prior and contemporaneous verbal or written communications and understandings with respect
  • The Contract Terms are governed by the laws of New South Wales. The courts of that jurisdiction (and the courts exercising appellate jurisdiction over them) have jurisdiction in connection with these Contract
  • Notices to be given hereunder shall be effected in writing and delivered personally or by registered post with return receipt The notices to the Service Provider shall be addressed to the Contracts and Category Manager, No.1, Alan Street, Rydalmere NSW 2116, Australia. The notices to the Customer shall be addressed at the address stated in the Contract Terms. Notices delivered personally shall be deemed communicated as of actual receipt.
  • All waivers hereunder must be made in Failure by any party at any time to require the other party's performance of any obligation under these Contract Terms shall not affect the right subsequently to require performance of that obligation. Any waiver of any breach of any provision of these Contract Terms shall not be construed as a waiver of any continuing or succeeding breach of such provision, or as a waiver or modification of such provision.
  • If any one or more of the covenants, provisions or terms of these Contract Terms shall, for any reason whatsoever, be held invalid, void or unenforceable, then such invalidity, nullity or unenforceability shall not affect the other covenants, provisions or terms of these Contract
  • The Customer warrants that it is entitled to enter into these Contract Terms and the rights and obligations created under these Contract Terms shall be legally valid and binding and enforceable on the