Sales Terms

Definitions

‘SEAM’ means Solar Energy Analytics Management (Enertek Pty Ltd), Factory 2/37-39 Lexton Road, Box Hill North VIC 3129. ‘Product’ means the SEAM Subscription and Solar Monitoring hardware that support energy monitoring. ‘Quote’ means the offer provided by SEAM or a SEAM Reseller for the supply of the Product. ‘Order” means an agreement to purchase the Product on the terms described herein ‘you/your’ means you, the customer nominated for the subscription. ‘Subscription’ means a fee payable to enable access to the software and dashboard that support energy monitoring and asset management ‘Personally Identifiable Information’ means information which can be linked to you such as street address, email, telephone number. ‘Data’ means information including, PV system details and PV system performance data which is submitted, entered or posted onto the Platform or otherwise communicated. Data will not include any Personally Identifiable Information. “Reseller” means an independent company who has purchased SEAM products and or services from us and supplied you with SEAM products and or services on our behalf. “Commencement Date” means The Commencement date is the date when you agree to an Order for the supply of Product either directly from SEAM or from a Reseller. “Day of Commissioning” means the day your installed hardware is activated either by SEAM or by the Reseller.

Offer and Acceptance

SEAM Resellers agree to supply and you agree to purchase the Products based on the terms and conditions set forth herein, the terms and conditions on the SEAM website and any additional terms and conditions provided by Reseller that may relate to our Products and software as part of a PV system package.

By accepting an offer from Reseller to purchase our Products and services, you acknowledge and accept that you are agreeing to purchase Products that require a pre-paid or ongoing subscription payment to operate to its full functionality. You should carefully note any terms and conditions of sale provided by Reseller that may affect the terms and conditions herein.

Customer License Grant

SEAM hereby grants to User a limited license to use the SEAM Dashboard as follows: a) to access the SEAM Dashboard including data recordings and system activity of the systems which User is authorised to access; or b) to permit access to the SEAM Dashboard by other authorised parties. This License Grant does not cover, and therefore User may not do, the following: a) sell or grant additional licenses, sub-licenses, or any other access to the SEAM Dashboard not specifically covered by the terms of this Agreement; b) sell Confidential Information to third parties or otherwise distribute or reveal SEAM’ Confidential Information, unless expressly agreed in writing by SEAM; and c) publicise or otherwise share SEAM’ Confidential Information with anyone, unless expressly agreed in writing by SEAM. ‘Confidential Information’ means any information, in any format, oral or written, whether or not marked ‘confidential’ and whether or not proprietary which is disclosed to User as a result of its access to the Dashboard or its business dealings with SEAM, which would reasonably be considered information that is confidential to SEAM.

Commencement Date

The Commencement date is the date when you agree to an Order for the supply of Product either directly from SEAM or from a Reseller. The Commencement Date will be the earliest of when you (i) place a purchase order (ii) request in writing to proceed to supply on terms provided in a quote or Supply Agreement from SEAM (iii) make a payment against an Invoice from SEAM.

Cooling Off Period

The Order has a cooling-off period of 10 business days from the Commencement Date when purchasing directly from SEAM. You may terminate this Order by giving us notice in writing indicating your wish to do so. If you terminate this Order during the Cooling Off Period you are still liable for the cost of any hardware, set-up and installation already provided but are not required to pay an early termination fee.

Subscription

When the Order includes a Subscription to the SEAM monitoring Dashboard, the Subscription will start on the Day of Commissioning and expire after the period described in the Quote.

Installation

SEAM is not responsible for the installation of hardware. Reseller, or their sub-contractors will install Products in accordance with applicable standards, regulations, our installation guidelines and in a manner, that allows to device to adequately and safely function.

Termination

Either party may terminate the Order at any time by notice in writing to the other party if the other party commits a breach of any material provision of the Order and that breach is not capable of remedy or, if able to be remedied, is not remedied within 60 days from the date of receipt of notice in writing calling upon the party in breach to remedy such breach.

You may terminate this Service at any time before the Subscription expires by providing notice to us. This Service will terminate 10 business days after the date we receive your notice. There will be no refund of any prepaid Subscription fee. You will retain access to your data for 30 days after termination of service. SEAM will maintain energy monitoring until the device is removed or specifically requested to block the device. The removal of the monitoring device and its connection is the responsibility of the homeowner.

SEAM reserves the right, in its sole discretion, to terminate User’s access to the Dashboard or any portion thereof at any time, without notice and without any reason. In cases where a User is in good standing with payments for paid access to Data, and the access has not been terminated due to the User’s breach of this Agreement, SEAM will refund the portion of payment for services not yet rendered. SEAM will provide access for the User to obtain their Data for a one month period after the termination, or otherwise transmit the Data to the User.

SEAM retains the perpetual right to use this Data according to this Agreement.

Price and GST

SEAM provides recommended retail Subscription pricing to Resellers and reserves the right to vary its Subscription costs from time to time at its sole discretion. Resellers provide recommended retail prices for SEAM Hardware and Subscriptions at their sole discretion.

Subscription service will be charged at the rates listed above and are inclusive of GST.

Payment

Payment Terms apply only to sales direct from SEAM and are cash up front, unless otherwise agreed. If you have not paid in full by the due date, we may, without limiting any other right, charge you interest on the overdue moneys at the rate of 1.5% per month (18% per annum). If you pay a bill using a payment method that results in us incurring a merchant service fee (including payment by credit card), we may charge you the Payment Processing Fee listed on a Quote.

Subscription Payment: Subscription payments may be a) paid directly to SEAM by credit card payment through our secure 3rd party online service or b) purchased on your behalf by Resellers. SEAM will retain access to the credit card details, but will not store them. For monthly subscriptions, we will charge the monthly fee against the recorded card. For annual or five year subscriptions we will notify the subscription holder six weeks before renewal is due and then proceed to charge against the card on the renewal date.

Renewal of subscription: You can renew or upgrade your subscription at any time provided you have maintained a paid subscription. Renewals are conducted via credit card payment through our secure 3rd party online service.

Failure to pay: If the credit card on record is invalid or expired, or we have no credit card on record, we will notify the subscription holder of the failed payment by email, that they will be blocked from access in 7 days from notification and have 30 days from notification to correctly renew the subscription, after which the historical data of that site will become unavailable to the user and reseller.

Cancellation: the SEAM monitoring subscription can be cancelled at any time through the dashboard settings.

Savings Guarantee: SEAM may offer Savings Guarantees from time to time at its sole and absolute discretion. For full Terms and Conditions of our Savings Guarantee refer to our Terms and Conditions here

Product Changes

SEAM reserves the right to, at any time, vary the Products either by making such changes in, among other things, the design, technical specification, system configuration, production or packaging of the Products in any way as SEAM shall deem appropriate, or by the withdrawal of one or more products or by adding additional products to the Products. You shall not be obligated to purchase any changed Products which have been materially modified or changed.

Dashboard Licence

The use of the Dashboard is in accordance with the SEAM Dashboard Terms and Conditions that are available on the SEAM website: www.seam.solar. You have had opportunity to review those Terms and Conditions before placing an Order.

Warranties

SEAM shall extend to you its published limited warranties for the Products in effect as of the Commencement Date which warranties shall survive for the period as is set forth therein. SEAM may modify its published limited warranty, from time to time, on thirty (30) days prior written notice. SEAM makes no other warranties, express or implied of fitness of the products for particular use or otherwise.

SEAM Disclosure and Your Acknowledgement: SEAM expressly disclose and you acknowledge that the SEAM Dashboard service may be discontinued or terminated by SEAM at its absolute discretion for any or no reason (Discontinuance), and SEAM is not in any way liable to you for any compensation or claim including but not limited to damage and loss of any kind caused by or arise from the Discontinuance except for a pro-rata refund of the SEAM Platform Subscription for the unused period if applicable.