This agreement is made between you (the Contractor) and Energy Smart Media (us or we). By completing and signing this agreement, you agree to the terms and conditions contained herein.
On signing up, contractors are required to specify:
The type of service they wish to receive leads for
The geographic area where they would like to receive leads
The maximum number of leads they would like to receive per week.
Energy Smart Media will not exceed the requested number of leads, unless authorised by the contractor.
Contractors can amend these variables at any time by calling 1300 850 117 or by emailing email@example.com.
Energy Smart Media will endeavor to supply the requested number of leads however; we cannot guarantee that this number will be achieved.
Acceptance of Leads
Energy Smart Media charges for all leads,
The Contractor agrees to maintain a prepaid balance of no less than $1500 on the portal. Balances will be automatically topped up on the 14th and 28th of each month, unless payments are made in advance, irrespective of whether or not a sale is concluded between the contractor and the potential customer.
We do not charge a commission on any subsequent sales that are generated by the provided leads. For the purpose of this agreement a lead is defined as a digital record that contains a name, address and phone number.
Rejection of leads
Leads can be rejected if –
1. The lead cannot be contacted via the phone numbers supplied, provided that you reject the lead within five business days of us providing you with that lead.
2. The lead is outside your specified geographic area, provided that you reject the lead within five days of us providing you with that lead.
3. The lead claims that they are not a homeowner, provided that you reject the lead within five days of us providing you with that lead.
4. Rejection of leads is only accepted by clicking on the link in the lead email, or via the lead portal within the time periods specified above.
You agree to pay us for each lead, irrespective of whether a sale is made. Leads that have been rejected in accordance with the rejection reasons listed above will be credited to the contractor’s invoice.
Invoices are sent via email, 9th and 19th of each month unless otherwise noted on the sales invoice. Payment by EFT is required within four days of the invoice being issued. If no payment is received at this time, payment will be deducted from the contractor’s nominated credit card.
A 2.2% % surcharge applies for Visa/ Mastercard and 3.5% for AMEX.
Interest at the rate of 15% per annum calculated daily is payable on any overdue amount under this agreement. Any fees, expenses or liabilities incurred in re covering any invoices including but not limited to any legal fees, court costs and disbursements (on a full indemnity basis) and debt collector fees are payable by the contractor.
Energy Smart’s lead portal allows you to cap the number of leads you want to receive. Caps can only be set on a per-week basis, or an amount.
Your leads are immediately distributed to your portal. As soon as the lead comes in, the portal finds the Customer Contract that gives the highest income per lead. This logic takes into consideration the amount paid per lead and returns processed. Lead prices are set at a minimum of $20. The contractor can increase their bidding price at any time.
Cancellation of Agreement
In order to cancel the service, contractors need to call 1300 850 117 send an email to firstname.lastname@example.org. We will cancel the service immediately after receiving notification from you.
Energy Smart Media may cancel this agreement if you are in default of any obligation of this agreement, repudiate this agreement, are insolvent, or default on any payment obligation under this agreement.
Once this agreement is cancelled, an invoice will be generated and payment will be debited from the contractor’s credit card within three days of notification unless other payment methods have been agreed upon. Cancellation of this agreement does not release you from the obligation to pay any outstanding fees or from any other obligation under this agreement. No refunds will be made on prepaid balances.
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.
Contractors agree not to use, distribute, or sell any of the information provided by Energy Smart Media about the customer other than for providing a quote for the service requested, unless express permission is granted by the customer.
You agree to allow us to collect reviews regarding you and the services that you provide, and to post those reviews on our website and otherwise distribute those reviews at our discretion. To the maximum extent permitted by law, we do not accept any responsibility whatsoever for any injury, loss, or damage that you may suffer, directly or indirectly, as a result of the content of any review mentioned in this clause, irrespective of how that injury, loss, or damage is caused (including where it is caused by negligence, defamation, or falsehood).
Energy Smart Media is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by you. Energy Smart Media is not liable for any loss caused to the Applicant by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond our control.
This agreement is governed by the laws of Victoria and by signing, you agree to submit to the non exclusive jurisdiction of the Courts of Victoria. By completing the information below, and the required payment section, you have agreed to be an authorized representative for your company and agree to the terms and conditions outlined here within.
By completing the information below, and the required payment section, you have agreed to be an authorized representative for your company and agree to the terms and conditions outlined here within.