SOLAHART SOUTH AUSTRALIA SMART NETWORK TRIAL 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 capitalized wording used herein shall have the same meaning as set out in the Customer Registration Agreement of the Program).

1. TERM OF THE PROGRAM

1.1. The Customer agrees to be connected to the Program until 30 June 2023. The Program may be subject to extension. Any extended period (“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.

1.2. 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

2.1. The Customer shall:

(a) be a resident of South Australia.

(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) apply to have a Type 4 Smart Meter installed, should the Customer not already have a Type 4 Smart Meter.

(d) switch to one of Simply Energy’s Hot Water Program retail electricity offers and stay on one of these eligible plans for the duration of the Program Term.

(e) enter into an agreement with Combined Energy Technologies Pty Ltd (ABN 15 616 324 362) for data services.

2.2. 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.

2.3. 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. Subject to informing the new owner or the lessee of the Program, the Customer shall provide the contact details of the new owner or lessee to the Service Provider.

3. EFFECTS OF TERMINATION

3.1. The Customer understands that it is absolutely necessary to be on the Program, including one of the eligible electricity plans, 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 Customer are provided on the basis of participation for the full Term.

3.2. If the Customer terminates from the Program or the eligible electricity plan prior to the end of the Term, the following consequences may transpire:

(a) The Customer will no longer be eligible to receive the electricity discounts from Simply Energy’s Hot Water Program.

(b) The Customer may be asked to repay the cash-back received from the Service Provider.

(c) The Service Provider will no longer be able to control and optimise the operation of the System. This may result in sub-optimum availability of hot water and higher electricity costs.

(d) The HEMS may not be able to operate and the monitoring app may no longer operate.

3.3. At the conclusion of the Program, the Customer will be offered a continuation of the Home Energy Management Services at a competitive subscription fee.

4. INDEMNITY

4.1. The Customer agrees to defend, indemnify and hold the Service Provider 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 or any and all claims of any kind or nature whatsoever against the Service Provider arising from the actions or omissions of the Customer in connection with these Contract Terms.

5. LIMITATION OF LIABILITY

5.1. 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 South Australia 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

(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.

5.2. 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.

5.3. 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

6.1. 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.

6.2. 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.

6.3. 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.

6.4. 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.

6.5. The Contract Terms are governed by the laws of South Australia. The courts of that jurisdiction (and the courts exercising appellate jurisdiction over them) have jurisdiction in connection with these Contract Terms.

6.6. 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 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.

6.7. 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.

6.8. 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.

6.9. 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.

6.10. If a water heater is being installed under the Program for the Customer, it is installed under exemption (Ref D19137746) from the requirements of the National Construction Code Volume 3 – SA B2.2 (Exemption) being granted by the Office of the Technical Regulator, Department for Energy and Mining, Government of South Australia (OTR), subject to the following conditions:

(a) the Exemption is applicable for the lifetime of the water heater. On replacement of the water heater, a replacement water heater will need to comply with the South Australian energy provisions current at the time of replacement or have equivalent functionality to the water heater installed under Exemption.

(b) at the time of installation of the water heater to be installed under the Exemption, the Service Provider, in consultation with the Customer, will consider location options to allow for future installation of other energy efficient water heaters if required at minimal cost and disruption to the property owner.

(c) the Service Provider warrants that the water heater meets all regulatory requirements including but not limited to WaterMark certification and the Energy Products (Safety and Efficiency) Act 2000.

(d) the water heater must be installed by a suitably licensed plumber and electrician who must provide the OTR with a Certificate of Compliance indicating that the installation is pursuant to the Demand Management Trials Program. The Service Provider must provide the OTR with a list of all water heaters installed under the Program with the address of installation and the Certificate of Compliance number.