TERMS AND CONDITIONS OF AGREEMENT/CONTRACT
1. Account Information: I have completed the ENERGY SMART MEDIA Pty Ltd Online Signup Form with true and correct information. I also confirm that I have authority on behalf of the Business to submit the form for the purpose of purchasing solar leads from ENERGY SMART MEDIA Pty Ltd. If the Business has a director, then the signee agrees he/she is the director of the Business.
2. Business: Means the company, business, body corporate, legal entity, person or organization which is being sent or has been sent Lead Notifications from ENERGY SMART MEDIA Pty Ltd.
3. Lead Notification (Leads/lead): Means an electronic correspondence which contains the contact details of a person, business, company, body corporate or legal entity whom wishes to receive a quote for the sale and/or installation of solar related products, including; solar electricity panels, solar hot water systems, solar installations and other related products. The information contained in the above mentioned Lead Notifications is subject to the ‘Duty and Proximity’ clause (clause 20).
4. Personal Page: Means a page on ENERGY SMART MEDIA Pty Ltd’s website/s that contains information and web content relating to your Business and includes, however is not limited to; your logo, maps, information about the Business, products and services, news, events and reviews. Any reviews on ENERGY SMART MEDIA Pty Ltd’s websites do not reflect the opinion of ENERGY SMART MEDIA Pty Ltd. By agreeing to these terms you accept that ENERGY SMART MEDIA Pty Ltd disseminates all information on its websites in relation to reviews in an innocent way and cannot be held liable for any action in defamation. The Personal Page can provide ENERGY SMART MEDIA Pty Ltd with a medium in which a Prospect can be sourced.
5. Prospect: Means a person whose contact details have been received by ENERGY SMART MEDIA Pty Ltd and redistributed in the form of a Lead Notification.
6. Elected Service Area: Means towns, cities or suburbs selected during the application process in which you wish the Prospect to be approximately located. This area can be changed by logging in to the website and editing the elected service area. Changes to the Elected Service Area may not come into effect until the following month.
7. Nominated Email Address: Means the email address or addresses that you requested for the Leads to be sent to. This can be changed by logging in to the website/lead portal and following the required steps to change the nominated email address or addresses.
8. Account Email Address: Means the email address you requested for the Invoice to be sent to. Note, this can be the same as your Nominated Email Address. This can be changed by logging in to the website and following the required steps to change the account email address.
9. Send/Sent and Delivered emails/electronic correspondences: If some email/electronic correspondences are sent from one of ENERGY SMART MEDIA Pty Ltd’s email systems to the Business’s Nominated Email Address or Account Email Address it is assumed to have arrived at the intended destination. In the absence of positive proof, the Business cannot rely on the excuse that the emails sent from ENERGY SMART MEDIA Pty Ltd were not received in either the Business’s Account Email Address or Nominated Email Address.
10. Invoice: An electronic correspondence, sent to the Business’s Account Email Address or Nominated Email Address which includes the total Costs associated with the total number of Lead Notifications Sent to the Business for the previous month.
11. ENERGY SMART MEDIA may ask the Business to pay a deposit before receiving the Leads.
12. Costs: The Business agrees to pay a cost of $44 per residential Lead Delivered and $88 for exclusive.
13. Agreed Date of Payment: Invoices will be emailed weekly. Invoice terms are strictly 7 days from invoice date. Invoices are sent to the Business’s Account Email Address, Nominated Email Address or both.
14. Dishonour Fee: If payment is not received by ENERGY SMART MEDIA Pty Ltd by one of the Payment Methods stipulated in this contract before 7 days after the Invoice has been sent an additional 10% fee may be added to the invoiced amount.
15. Debt Collection Costs: In the event that an Invoice is not paid and an external company or organization such as a debt recovery service is contracted to recover the amount outstanding, the Business agrees to pay the costs of recovering the outstanding amount, including ENERGY SMART MEDIA Pty Ltd’s administrative costs. The Business agrees to pay 25% per annum, calculated daily, to compensate ENERGY SMART MEDIA Pty Ltd for all losses associated
16. Director Guarantee: The director of the Business gives a personal guarantee that all outstanding costs/debts which are unable to be paid by the Business will be paid to ENERGY SMART MEDIA Pty Ltd. In other words, if the Business is unable to make payment for an amount which has been invoiced to the Business by ENERGY SMART MEDIA Pty Ltd, the director of that Business agrees to be held personally liable for the outstanding costs. These costs include Debt Collection Costs and/or Dishonour Fee.
17. Payment Method: Payment can only be made via Direct Debit. All information needed to use one of the above mentioned options will be provided on the Invoice. It is the responsibility of the Business to contact ENERGY SMART MEDIA Pty Ltd via email at email@example.com if more information is needed to complete payment.
18. Cancellation: This agreement can be cancelled at any stage by written email expressing your desire to terminate the contract, to firstname.lastname@example.org. The agreement will be cancelled from the start of the next business day (9:30am CST) after the email is received.
19. Rejection of Lead: A Lead can be rejected by; clicking on the ‘Reject Lead’ link which is located in our online portal and selecting a valid reason for rejecting the Lead. A Lead cannot be rejected after 7 days from the time the Lead was sent. See clause 23 for more details on Lead Rejections.
20. Duty and Proximity: ENERGY SMART MEDIA Pty Ltd takes reasonable care to ensure the credibility of the Leads sent to your business. This means ENERGY SMART MEDIA a Pty Ltd uses techniques such as, but not limited to search engine optimization to market Prospects ENERGY SMART MEDIA Pty Ltd does not warrant the information. No special relationship exists between ENERGY SMART MEDIA Pty Ltd and the Business where pure economic losses are sustained. The information contained in the Lead is confidential and provided without the assumption of responsibility. The Leads generated are promoted as a 3 quote model however sold exclusively to you. Leads can also be sourced from external parties and non-internet based mediums, all terms in this agreement are applicable regardless of the source.
21. If any information contained in ENERGY SMART MEDIA Pty Ltd’s websites contradicts this agreement/contract or is perceived as misleading then this contract prevails to the extent of any inconsistency.
22. These terms and conditions may be changed from time to time without prior notice.
23. I understand that Lead Rejection requests must be made via the Energy Smart Lead Portal. I accept a Lead can be rejected for the following reasons only and that Lead Rejections may be subject to a qualification process for approval;
I. Outside of nominated area (2 days to reject)
II. Duplicate lead (2 days to reject)
III. Incorrect Phone Number (2 days to reject)
IV. Indicated that they will not purchase within 6 months (7 days to reject)
V. Customer is wanting off grid system (7 days to reject)
VI. Customer uncontactable within 7 days (7 days to reject)