Standard Policies & Agreements
Switchee Pty Ltd and Australian Solar Quotes (“Switchee”) is an organisation that promotes, and provides information, regarding the energy sector in Australia. Switchee offers individuals and businesses the opportunity to research and make informed decisions regarding their energy needs. Switchee offers solar retailers the opportunity to reach the maximum number of customers by providing online marketing space on its customer driven website and providing advertising and marketing solutions including content creation, API integration, SEO optimisation and the Solatrust review service. Switchee aims to bring customers and solar retailers together by providing the technology and reach for customers to obtain three quotes for energy related services from solar retailers who provide services in their area. The Business creates an account with Switchee based on its chosen package and Switchee will provide the Services included in that package. Each package includes access for a Primary User who acts as the administrator for the account. Paid packages also include access for additional Users who can carry out general maintenance of the Business Listing and settings. Switchee continuously creates, monitors, updates and manages a series of individual marketing campaigns for the Business, at a cost to Switchee. These campaigns include multiple methods and mediums, all of which are designed to increase traffic and awareness of the Business's products and services. This enables Switchee to collect the information of a Prospect via online data capture methods. Switchee uses its unique Lead generation methods and technology to match Prospects whose needs can be met by the Business. Switchee connects Prospects and Businesses by sharing Prospect’s details with up to a maximum of three Businesses who are then free to contact the Prospect with the intention of selling their products and services. The Business on Signup with Switchee specifies the number and type of Leads it wishes to be assigned over a selected period of time and nominates an Elected Service Area. These specifications can be altered at any time by the Business through the Online Portal. The Business receives a flexible Lead generation service based upon their business needs. The Business has the option of creating Lead campaigns whereby they can alter their Lead settings for each individual Lead campaign. A Business is therefore capable of customising their lead generation based upon their needs in different product and geographical areas. Leads are assigned to the Business based on their preferences. Leads are also shown on Switchee’s map and feed interface where a selection of Leads in the Business’ Elected Service Area will be displayed. The Business can use the interface to choose additional Leads that they wish to be assigned.
1.3 Agreement is between Switchee and the Business. The following terms and conditions shall apply to all Businesses:
Accounts Email Address means the email address or addresses selected by the Business, during Signup, or by any subsequent amendment, that the Business wishes all billing related activity to be conducted through;
Switchee Account means the Business’s online credit account held by Switchee for the payment of Services provided to the Business;
Business means an individual, business, body corporate, organisation or any other legal entity possessing any legal personality whatsoever, or their successors or representatives, that has subscribed to this Agreement;
Business Content means any logos, contact information, blog posts, advertising copy, website links, videos or any other information or graphics provided by the Business and displayed anywhere on websites or other platforms belonging to either Switchee or any third party in connection with this Agreement.
Business Email Address means the email address or addresses selected by the Business during the application process, or by any subsequent amendment, that the Business wishes Leads or other correspondence not connected to accounting to be sent to;
Business Listingn> means a page on Switchee’s website that contains information and web content relating to the Business and including but not limited to; logos, maps, product and service information, news, events, reviews and blogs;
Commercial Lead means supply and or installation of a photovoltaic solar power system to a business and or commercial property;
Elected Service Area means the geographical area or areas selected by the Business during the application process, or by any subsequent amendment, in which the Business wishes to be assigned Leads in relation to Prospects who require services in that area;
Exclusive Lead means a Lead which is generated when a Prospect enters their details directly into the Postcode CTA located on the Business Listing. This Lead remains exclusive to the Business and will not be passed to any other service supplier by Switchee, excepting where the Prospect has also entered their details on another or multiple Business Listings or the Business rejects the opportunity to purchase the Exclusive Lead. Any Lead that has been generated by Switchee prior to the Prospect entering their details on the Business Listing shall not be deemed to be an Exclusive Lead under this Agreement and shall be dealt with and charged for in accordance with the Fees and Payments section of this Agreement;
“GST”, “Taxable supply”, Tax Invoice” and “Input Tax Credit” shall have the meanings given in the A New Tax System (Goods and Services) Act 1999 (Cth);
Hot Water Lead means supply and or installation of a water heater including but not limited to solar hot water, heat pump water heater, evacuated tube solar hot water system;
Invalid Lead means a Lead which has been referred to Switchee by the Business via the submission of an invalid lead form for any of the reasons outlined in clause 67 of this Agreement and has been accepted by Switchee as invalid and is removed from the Business’ Invoice;
Invoice means an electronic correspondence that includes the total amount due to Switchee for the previous billing period or periods and is provided by Switchee via the Online Portal;
Lead means an electronic correspondence which contains the contact details of a Prospect;
Lead Type means the type, category or description of individual leads categorised into but not restricted to Solar lead, Storage lead, Hot water lead, Commercial lead, or Maintenance lead;
Maintenance Lead means attend the property where solar, batteries and or hot water have been installed for the purpose of and not limited to; cleaning, maintenance tasks and duties, repairs, replacement, warranty, check up or assessment;
Marketing Package means the package chosen by the Business on Signup or subsequently subscribed for at any time and is either a Starter Package, a Premium Package or an Elite Package, such packages are more particularly outlined in Schedule A attached hereto;
Nominated Account means the account chosen by the Business from which invoiced amounts should be taken by Direct Debit by Switchee;
Online Portal means the Business’ private preferences page where they can manage personal information, business information, Lead preferences and billing preferences;
Product means any advertising or marketing product that Switchee provides to the Business from time to time on either a paid or free basis.
Prospect means an individual, business, body corporate, organisation or any other legal entity possessing any legal personality whatsoever that has provided its details to Switchee in respect of obtaining a quote;
SEO means the process of improving the volume or quality of traffic to a web site from search engines via “natural” or un-paid (“organic” or “algorithmic”) search results. Switchee seeks to achieve results by using services to include but not limited to citation, content marketing, organic link building, on-site recommendation, and social media marketing.
Storage Lead means supply and or installation of batteries, solar storage, off-grid solar, hybrid solar, or any other form of solar power storage system;
Solar Lead means supply and or installation of rooftop photovoltaic solar panels and a solar inverter;
2.1 The Business acknowledges by its completion of the Switchee Online Signup (“Signup”) that it agrees to be bound by these terms and conditions.
2.2 This Agreement is effective immediately from the time and date the Business submits the Signup.
2.3 Subject to the provisions in regards to the term of Marketing Subscriptions outlined in clauses 35 to 37 of this Agreement, this Agreement shall only be terminated by the Business via the ‘Close Account’ function in the Online Portal. Switchee will inform the Business by email if they wish to terminate the Agreement. Termination by either Party will have immediate effect.
3.1 Switchee agrees to provide the Business with the Services chosen by the Retailer on the Signup and as outlined in the background information and the rest of these terms and conditions. A copy of the services included with each Marketing Package is attached hereto as Schedule A.
4.1 These terms and conditions shall be deemed to incorporate and should be read in conjunction with:
5.1 The Business shall be responsible for the provision of all Business Content and maintenance of all Business Content on the Business Listing.
5.2 The Business shall comply with any restrictions on, or directions given in relation to Business Content that are given by Switchee from time to time.
5.3 Switchee retains the right to refuse, modify, revise or remove any Business Content.
5.4 Switchee reserves the right to remove the Business Listing or any Business Content for any reason, and in doing so it may elect to consider only its own interests and will not be required to consider the effect of any such determination on the Business.
5.5 The Business acknowledges and agrees that Switchee may use the Business Content on any other websites, applications or platforms that Switchee develops.
5.6 The Business acknowledges and agrees that Switchee or any of its affiliates may in its sole discretion provide the Business Content from time to time to third parties for publication including but not limited to publication on a third party platform, application or website.
5.7 Switchee provides no warranty in relation to duration or continuity and shall have no liability for any claim, loss or damage in relation to Business Content that has been published by a third party in connection with this Agreement or otherwise.
The Business agrees to provide Switchee with all requested and accurate information to assist Switchee in provision of the Services.
The Business agrees to pay all invoiced amounts to Switchee.
7.1 The Business represents and warrants to Switchee that:
a. it owns any Business Content or holds a valid and subsisting license or consent from the owner to use any Business Content;
b. the Business Content does not contravene any laws, regulations or industry guidelines including but not limited to the Privacy Act (1988), the Spam Act (2003) and Competition & Consumer Act (2010);
c. the Business Content is free of any software defects including but not limited to viruses, worms, trojan horses or any other malware or similar malicious and disabling content;
8.1 The Business hereby grants Switchee a perpetual royalty free licence to use, reproduce, modify, adapt, publish the Business Content for the purposes of providing the Product.
8.2 The Business furthermore grants Switchee the power to grant sub-licenses in order to facilitate syndicating, distributing or otherwise making available the Business Content to third parties as Switchee sees fit.
8.3 Switchee shall retain all ownership and other intellectual property rights in and to the Product other than the Business Content including all websites, platforms, applications, software, data, results, reports, reviews or other materials that are produced for the duration of this Agreement or in connection with any Product.
8.4 The Business hereby acknowledges and agrees that it must obtain Switchee’s express and written consent if it wishes to use any intellectual property belonging to Switchee, including but not limited to any reviews or content contained in the Solatrust application, in any way not specifically contemplated or authorised in this Agreement.
9.1 Switchee requires the Business to prepay for the Services. The Business must keep a minimum positive credit in its Switchee Account of not less than $100 to continue to receive Services.
9.2 Where the Business has chosen to pay by Direct Debit from the Nominated Account, and where the credit drops to less than $100 the Business authorises a payment by Direct Debit of the amount agreed on completion of the Signup, to top up the account. Switchee reserves the right to debit the Nominated Account for the agreed amount where the credit drops to less than $100. It is the responsibility of the Business to contact Switchee in the event of any change of Nominated Account.
9.3 Where the Business has chosen to pay by direct bank transfer the Business must ensure that it has sufficient credit available to continue receiving Services. Where the credit drops below $100 the Services will immediately cease until such time as the Business credits its Switchee Account with sufficient funds to receive further Services.
9.4 Switchee will deliver a valid Tax Invoice to the Business on the schedule agreed by the Business as indicated on completion of the Signup or any subsequent agreement made by the parties whether in writing or through the Online Portal, showing the total amount deducted from the Business’ account in the preceding period.
9.5 The Tax Invoice will be delivered via the Online Portal. It is the responsibility of the Business to monitor the Online Portal for outstanding Invoices.
10.0 Refunds and Returns Policy
10.1 The business cannot in any way return, reject or expect a refund for the services rendered or included as part of the marketing packages.
11.1 To the fullest extent permitted by applicable law Switchee will not be liable to either the Business or any third party for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities, whatsoever including without limitation, loss of profits, loss of business, loss of goodwill and loss of reputation arising from or relating to the provision of Leads, Marketing Packages or other Services under this Agreement, or any information posted on the Business Listing or through the solatrust review system, including but not limited to reviews of the Business’ services, whether based on contract, tort (including negligence), strict liability or other theory, other than where Switchee has been found to have engaged in deceptive or misleading conduct in which case the total amount of Switchee’s liability shall not exceed the total amount paid by the Business to Switchee under this Agreement.
11.2 The Business at its own expense, shall indemnify, hold harmless and defend Switchee, and as applicable its directors, officers, employees and agents, against any adverse consequences that Switchee suffers arising from or relating to any negligent act or omission or wilful misconduct by the Business or its employees or agents. For purposes of this Agreement, “adverse consequences” shall mean all actions, suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, costs, liabilities, obligations, losses, expenses, and fees including, without limitation, court costs and reasonable legal fees.
13.1 Unless otherwise specified this Agreement does not constitute any partnership, trust, agency, joint venture or employment relationship between the parties and neither party shall make make any representations, public or otherwise, to the contrary.
13.2 This Agreement embodies the entire agreement and understanding between Switchee and the Business with respect to the subject of this agreement and supersedes all prior and contemporaneous agreements and understandings, or any other information previously provided by either party either directly or indirectly to the other party, other than this agreement relating to the subject matter hereof.
13.3 The terms of this Agreement can be altered at any time by Switchee and without prior notice to the Business. Any alterations will be published online and will become effective immediately following publication.
13.4 Switchee shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, embargoes, government orders. compliance with the Laws of Australia, delays in transit or delivery, failure of sources of raw materials or any other force majeure event.
13.5 Any notice or contact under this agreement should be made to Switchee by email to email@example.com. Switchee will deem any notice or contact to the Business to be made to either the Nominated Email Address or the Account Email Address.
13.6 The Governing Law of this Agreement is the Law of Queensland, Australia.
14.1 Where the Business has chosen to initiate a paid Marketing Package being either a Premium Package or Elite Package the following term shall apply to such packages:
a. The Marketing Package will be in force for 3 months from the date the Business chooses to commence such Marketing Package and will continue automatically for successive follow-on terms of 3 months.
b. The Business may terminate a Marketing Package at the end of any 3 month period by providing Switchee with not less than 30 days notice of its intention not to commence a further 3 month period.
c. The termination of a Marketing Package will not result in the termination of the rest of the terms of this Agreement which may only be terminated pursuant to clause 4 of this Agreement.
14.2 Marketing Package Fees
14.2.1 Switchee shall charge a rate dependent on the Marketing Package chosen by the Business and the Business shall pay such fee.
14.2.2 The Business shall not pay a fee where it has chosen the ‘Starter Package’.
14.2.3 The Business shall pay a fee of $149 each month where it has chosen the ‘Premium Package’.
14.2.4 The Business shall pay a fee of $249 each month where it has chosen the ‘Elite Package’.
14.2.5 All fees are inclusive of GST.
14.2.6 Fees become due on an advance basis, payment for the balance of the first month to be made pro rata on Commencement and for each subsequent month made on the first day of that month. For example where the Business signs up for the Premium Package on 10th September the first monthly payment shall be 149/30 x 20 = $99.33. The second payment shall be due on 1st of October for the full $149. Where they decide not to renew after the first 3 monthly period their final payment shall be 149/30 x 10 = $49.67.
14.2.7 Reserves the right to make amendments to the fees following the expiry of the 3 month initial period of this Agreement.
14.3 SEO and Reports
14.3.1 Where Switchee provides SEO services it makes no guarantee of the Business’ website positioning on any third party sites, search engines or applications.
14.3.2 The Business agrees that where Switchee provides SEO services the Business will ensure that its website is in good working order and available at all times, and that it either owns the website or has the necessary consents from the owner for Switchee to provide SEO services.
14.3.3 Any SEO reports provided by Switchee remain the property of Switchee but Switchee grants a revocable license to the Business to use the data in its internal analysis. Use of the reports for any other purpose will require Switchee’s prior written consent.
14.3.4 Switchee makes no warranty that any information provided in reports is complete or current or on its ability to accurately reflect on the performance on any third party website or application.
15.1 Switchee is not responsible and assumes no liability for any content including but not limited to reviews that is posted by any person using the Solatrust application. Neither Switchee, nor any of its officers, directors, employees or contractors can control or monitor such content and do not endorse, agree or disagree with such content or any opinions given in such content in any way.
15.2 Where the Business replies to any content posted via Solatrust, the Business agrees and warrants that such replies will not be:
a. unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, defamatory, or obscene
b. in violation of the rights of a third party, including any intellectual property rights or privacy rights
c. breach in any way any applicable laws or regulations.
15.3 Switchee hereby grants the Business a royalty free license to use the Solatrust Widget (‘the Widget) on either the Business’ website or other platforms and includes the ability to sublicense use of the Solatrust Widget on any third party websites or other platforms. Such license shall be immediately revocable by Switchee by written notice to the Business.
16.1 Lead Campaign Fees
16.1.1 Switchee bills the Business for all its Services, including but not limited to the running of lead campaigns, based upon and calculated by the number and type of valid Leads assigned to the Business during each campaign period. Other than where the Business has an annual marketing subscription with Switchee no other fees are due.
16.1.2 The Business shall pay a fee of $39.90 for each and every assigned Solar Lead, $46.55 for each and every assigned Storage Lead, $26.60 for each and every assigned Hot Water Lead, $66.50 for each and every assigned Commercial Lead, and $19.95 for each and every assigned Maintenance Lead.
16.1.3 Exclusive Leads are provided free of charge to the Business if it is subscribed to an Elite Package Membership. If the Business is not subscribed to the Elite Package Membership it shall have the option to purchase Exclusive Leads for a fee that is double the fee of a non exclusive Lead in that category (e.g. an Exclusive Solar Lead will be $79.80).
16.1.4 Switchee shall deduct the cost of each Lead provided from the Business’s Switchee Account at the time of the provision of that Lead.
16.1.5 All fees are exclusive of GST, which shall be paid by the Business.
16.2 Obligations of Switchee with respect to Leads
16.2.1 Switchee will endeavour to assign the specified number of Leads but makes no guarantee of this.
16.2.2 Switchee will not assign more Leads to the Business than the maximum number specified by the Business.
16.2.3 Switchee will only assign the Lead to the Business and a maximum of two alternative businesses.
16.2.4 Switchee will use reasonable endeavours to monitor the quality of Leads however provides no warranty as regards the quality of Leads.
16.3 Obligations of the Business with respect to Leads
16.3.1 The Business agrees and acknowledges that Switchee will assign Leads until such time as the Business either suspends the Lead Campaign or this Agreement is terminated.
16.3.2 The Business agrees and acknowledges that it is the Business’ responsibility to review the Online Portal regularly for any new Leads.
16.3.3 The Business agrees to make its best efforts to contact any Lead and provide a quote to the Prospect for the services they require.
16.3.4 The Business warrants to deal with any Prospect professionally and competently.
16.3.5 The Business agrees that if it makes a request to treat a Lead as invalid it forfeits all rights to contact the Lead. Contacting a Lead after a determination of invalidity will constitute a material breach of this Agreement and Switchee will seek to enforce all possible rights and remedies against the Business in these circumstances.
16.4 Invalid Leads
16.4.1 A Business may submit a request to treat a Lead as an Invalid Lead for any of the reasons outlined in clause 67 only by logging into the Online Portal and completing Switchee’s Invalid Lead form.
16.4.2 Leads may only be treated as invalid for one or more of the following reasons:
a. The Business has previously been assigned the same Lead from Switchee;
b. The Business has attempted to contact the Prospect either by phone, email or in person but is not able to establish communication with the Prospect. This reason shall only apply where the Business has attempted to contact the Prospect for at least 4 calendar days and an invalid lead request is made within 7 calendar days of receipt of the Lead by the Business. Switchee reserves the right to make its own attempt to initiate contact between the Business and the Prospect, contact the Prospect to verify the legitimacy of the invalid lead request, and, or, request evidence of the attempted contact by the Business.
c. The Prospect is outside the Business’ Elected Service Area provided an invalid lead request is made within 2 calendar days of receipt of the Lead by the Business.
16.4.3 Switchee reserves the right to deny an invalid lead request for any reason, and in doing so it may elect to consider only its own interests and will not be required to consider the effect of any such determination on the Business.
16.4.4 Following a decision by Switchee to deem a Lead as an Invalid Lead the Business shall not contact the Lead under any circumstances at any time in the future. The Business has the ability in the Online Portal to have a Lead previously deemed to be an Invalid Lead assigned to the Business again, but can not then request to make that same Lead invalid a second time.
16.4.5 Any Leads that are deemed as Invalid Leads by Switchee shall be replaced with another Lead in substitution and shall not be credited as a monetary credit to the Business’s Switchee Account.
17.1 Both parties agree to comply with all relevant privacy laws in regards to information provided by any Prospect (“Prospect Information”) and to treat this information as confidential.
17.2 All reasonable efforts must be taken by both parties to ensure that Prospect Information is used only for the purposes contemplated by this Agreement.
Last updated August 23, 2017
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