SOLAHART PROJECT EDGE PROGRAM (“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
1. The Customer agrees to be connected to the Program until 31 March 2023. 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.
2. 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 programs.
2. OBLIGATIONS OF THE CUSTOMER
1. The Customer shall:
a. be a resident of Victoria, in the eligible AusNet Services jurisdiction.
b. ensure that the gateway shall always be connected to a power supply and reliable internet connection that are always switched on during the Term.
c. enter into an agreement with Combined Energy Technologies Pty Ltd (ABN 15 616 324 362) for data services.
2. The Customer understands that it is necessary to have strict compliance to terms and conditions set out in the ‘Customer Registration Agreement’ and these Program Terms and Conditions(together called “Contract Terms”) and other requirements informed to the Customer by the Service Provider from time to time to obtain the benefits of the Program.
3. In the event of sale or lease of the Customer 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 cash incentive 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 Provider.
3. TERMINATION
1. 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 Customers. The benefits of the Program to the Customers are provided on the basis of participation for the full Term.
2. If the Customer terminates from the Program prior to the end of the Term, the following consequences may transpire:
a. The payment of the cash incentive will cease.
b. The customer may still be requested to participate in customer insights interviews and customer satisfaction surveys.
4. INDEMNITY
1. The Customer agrees to defend, indemnify and hold the Service Provider and its project partners (each an “Indemnified Party”)from and against any and all claim, liability, loss, damage, cost or expense (including legal costs on a full indemnity basis) an Indemnified Party 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 or any and all claims of any kind or nature whatsoever against the Indemnified Party arising from the actions or omissions of the Customer in connection with these Contract Terms.
5. LIMITATION OF LIABILITY
1. The Service Provider shall not be liable for any direct or indirect cost, expense, damage, loss, death or injury to the Customer due to;
a. interruption of electricity or internet;
b. limited internet bandwidth;
c. malfunction or defect in software or hardware supplied by third parties and connected to the System;
d. malfunction of the System due to third party hardware or software connected to the System;
e. change of weather conditions;
f. virus attack to the System;
g. intentional, wrongful, negligent, fraudulent or reckless act or omission of the Customer or its household members, visitors, agents, representatives and contractors;
h. failure to inform the Service Provider of malfunction or error in the System;
i. any changes to laws or regulation by the Governments of Victoria and Australia, their agencies, other authorities or regulators;
j. demand response events initiated by any authority, regulator, service provider or automatically in response to electricity network faults or performance issues;
k. an act of God or any act or omission beyond reasonable control of the Service Provider and its project partners; and
l. Customer’s failure to abide by the Contract Terms and other requirements informed to the Customer by the Service Provider from time to time.
2. 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 service.
3. 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 Terms.
6. MISCELLANEOUS
1. 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 law.
2. The Service Provider reserves the right to modify the Contract Terms from time to time. 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.
3. The Customer shall not be entitled to assign the Contract Terms except as expressly stated in the Contract Terms. 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.
4. 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 thereto.
5. The Contract Terms are governed by the laws of Victoria The courts of that jurisdiction (and the courts exercising appellate jurisdiction over them) have jurisdiction in connection with these Contract Terms.
6. Notices to be given hereunder shall be effected in writing and delivered personally or by registered post with return receipt requested. The notices to the Service Provider shall be addressed to the Legal Department, Solahart Industries Pty Ltd, 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.
7. All waivers hereunder must be made in writing. 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.
8. 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 Terms.
9. 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 Customer.
Project EDGE – Data Services Agreement
This agreement is with Combined Energy Technologies Pty Ltd (“CET”, “we”, “us”), ABN 15 616 324 36, (trading as “Combined Energy”), technology partner of Solahart Industries Pty Ltd (ABN 45 064 945 848) and provider of home energy monitoring and management services.
To provide an effective energy monitoring and management service, we collect energy consumption data for your site and use this information together with energy prices from your retailer, weather forecast data, and other metrics to coordinate your Home Energy Management system (“the system”).
By executing this agreement, you agree that your system will be managed by the advanced CET Home Energy Management service until 30 June 2023 at no charge. After this date, your system will operate under the free Basic Monitoring service, and you will have the option to continue receiving the full Home Energy Management service for a monthly subscription fee.
Service Levels
1. Basic Monitoring: Provides you with an easy to understand, real-time visual display of your home’s energy consumption and generation 24/7 so you can identify your costs and take action. If your site has a PowerStore water heater, excess solar generation will be automatically redirected to the tank under this service. The PowerStore water heater controller ensures that a minimum volume of hot water is always available to your household and implements mandatory legionella control requirements. The Basic Monitoring service is free for all Solahart customers and includes the SA Smarter Home Relevant Agent service.
2. Home Energy Management: An autonomous home energy optimisation service that reduces your total cost of electricity by coordinating appliances and energy storage devices in your home to make the best use of available solar power. If you are on a time-of-use tariff, this service will prioritise the use of off-peak electricity by estimating the total energy requirements of your appliances based on weather forecast information and usage patterns.
Terms and Conditions
Personal Information
We collect data from your site for the following purposes:
1. monitoring and reporting the performance of the system, and devices or appliances connected to the system;
2. remote troubleshooting of the system and/or associated devices and appliances;
3. marketing of new appliances, devices, functionality or energy services related to the system;
4. research and product development purposes.
We will take steps we believe to be reasonable and in alignment with industry and regulatory standards to protect and securely store your information. We will only provide your information to our resellers, Project EDGE Program partners, and other service partners who are involved in the supply or ongoing support of devices monitored by CET services. Your information will not be provided or sold to any other third parties.
Intellectual Property
On purchase, control devices that are part of the system become your property. This excludes all intellectual property or other proprietary rights in the hardware, firmware or software contained in or accessed through these devices. You have not acquired any intellectual property or other proprietary right in the hardware, software or services including without limitation, any rights in patents, inventions, improvements, designs, trademarks, trade secrets, or copyrights.
Permitted Use and Restrictions
Software and any content or other materials contained in or accessed through the system are for personal and non-commercial use only. You must not copy or redistribute any software or content contained in or accessed through the system. You must not remove any trademark, logo, copyright or other proprietary notice in the software or content. You must not modify, adapt, alter, translate, or create derivative works of the software or content or decompile, disassemble, reverse engineer or otherwise derive or attempt to derive source code from the software. Your right to use the software will immediately terminate if you breach any applicable provision in these terms.