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 working with 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 who wishes to receive information 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’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 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 a 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 contacting your account manager and editing the elected service area. Changes to the Elected Service Area may not come into effect until the following  week.
 
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 contacting your assigned account manager. In select circumstances Energy Smart Media will arrange to have a connection built from our website/lead portal that allows delivery of lead notifications directly to your software or Google sheet.
 
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 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 service.
 
12. 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 cost. These  costs include Debt Collection Costs and or Dishonor Fee.
 
13. Costs: The Business agrees to pay a retainer fee every month. Energy Smart Media will register your designated credit card to Facebooks ad manager account owned by your company. Facebook will debit your account for all ads spent according to your weekly campaign budget. Elected service areas are set each Monday by the advertiser and reported to their account manager. The account manager will report back total cost per lead each Monday for the week prior. The credit card will not be used for purposes outside this agreement.
 
14. Agreed Payment: Invoices for your retainer fee will be emailed each month, and an automatic debit will take place on the same date in the preceding month. Invoices are sent to the Business’s Account Email Address, Nominated Email Address, or both. The following link will detail how we create your pricing for our services and products, what factors to consider when understanding your pricing, and how to determine whether to raise or  lower your ad spend. LINK: https://energysmart.io/pricingtable.
 
15. Dishonor 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.
 
16. 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% costs, to compensate Energy Smart Media PTY LTD for all losses associated with the recovery of the Business’s debt. In the event that Energy Smart Media PTY LTD does not contract an external company or organization, the 25% figure mentioned above is still payable as if an external company or organization was contracted.
 
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 invoice@energysmart.com.au if more information is needed to complete payment.
 
18. Duty and Proximity: Energy Smart Media PTY LTD takes reasonable care to ensure the credibility of the Leads sent to your business. The information contained in the Lead is confidential and provided without the assumption of responsibility. The Leads generated are sent exclusively to you. Leads can also be sourced from external parties and non-internet-based mediums, all terms in this agreement is applicable regardless of the source. Leads will not be resold or used outside our data policy https://energysmart.io/privacy-policy.
 
19. If any information contained in Energy Smart Media PTY LTD’s websites or social media pages contradicts this agreement/contract or is perceived as misleading, then this contract prevails to the extent of any inconsistency.
 
20. These terms and conditions may be changed from time to time without prior notice.
 
21. If any paragraph within this agreement is found unenforceable by a competent court of law, the remaining  paragraphs shall remain in force.
 
22. Venue and jurisdiction for any disputes arising under this contract shall be fixed at Victoria, Australia.
 
23. Energy Smart makes no warranties or guarantees as to the effectiveness of the campaigns. You, the client hold harmless Energy Smart to any and all liability that could potentially arise from advertisements managed on your
behalf. You acknowledge that there is, and can forever not, be any dispute as to the validity of our retainer fee. You further acknowledge that in the event of charge back, the full amount outstanding under the term of the agreement will become payable and enforceable under clause 12 of this agreement.
 
24. During the period commencing on the Effective Date and ending one year following the Termination Date, the Company shall not, without the Adviser’s prior written consent, directly or indirectly;
(i) solicit or encourage any person to leave the employment or other service of the Adviser or its Affiliates; or
(ii) hire, on behalf of the Company or any other person or entity, any person who has left the employment within the one-year period following the termination of that person’s employment with the Adviser or its Affiliates. During the period commencing on the date hereof through and ending one year following the Termination Date, the Company will not, whether for its own account or for the account of any other Person, intentionally interfere with the relationship of the Adviser or its Affiliates with, or endeavor to entice away from the Adviser or its Affiliates, any person who during the term of the Agreement is, or during the preceding one-year period, was a tenant, co- investor, co-developer, joint venture or other customer of the Adviser or its Affiliates