Terms and Conditions

3. Legal Owner or Operator.

Solar Owner represents and warrants that you are the legal owner or operator of the system and have full legal authority to enter into this agreement.

4. Subscription

Solar Analytics' Products and Services require a Subscription and a valid email address to access and operate the full functionality of the Products and Services. Depending on the Services chosen, this includes access to the Solar Analytics Platform, System monitoring, control and/ or other services.

1. Unless otherwise agreed by Solar Analytics in writing, the Subscription will start on the Commencement Date and will continue for the duration of the Subscription Period.
2. At the end of the Subscription Period we will notify the System Owner via Solar Analytics Platform and/or email about the expiry of the Subscription and will offer to renew the Subscription by paying the applicable Subscription fee. Following receipt by us of the applicable Subscription fee in full, the Subscription will be renewed for the agreed period (unless otherwise agreed in writing).
3. Subscriptions are restricted to the original site address where the System is installed, and to the person(s) named as the System Owner(s). Subscriptions are non-transferable to a new site address, and non-transferable to a new System Owners.
4. Unless Solar Analytics agrees otherwise in writing, Subscriptions will not include new or upgraded features and services offered by Solar Analytics.
5. A valid Subscription does not guarantee the continued availability of Data in the event of hardware, communications, third party or other faults.
6. You are required to notify Solar Analytics if you are aware of a change in System Owner or primary resident at the site address (required to maintain privacy).
7. In the event that Solar Owner is not the primary resident at the System address or is no longer the owner of the system, you undertake to notify the new resident and the new owner of the system of the existence of the system.

5. Suspension of Service.

Notwithstanding any other provision of these Terms and Conditions, you acknowledge and agree that in the event that we detect that the System Owner has not logged on to the Solar Analytics Platform for a period of twelve (12) months or more, we reserve the right to suspend or reduce the Subscription (including all associated Services and data collection and analysis). Should you request us in writing to re-activate the Subscription, we will do so within a reasonable timeframe, subject to being paid all relevant Subscription fees in full.

6. Grant of Subscription.

A valid Subscription will grant you a limited, non-transferable permission to use the Solar Analytics Platform as follows: a) to access the Solar Analytics Platform including data recordings and System activity (or part thereof which you are authorised to access); or b) to permit access to the Solar Analytics Platform by other authorised by Solar Analytics parties. The Subscription does not cover, and therefore you may not do, the following: a) sell or grant additional subscriptions, licenses, sub-licenses, or any other access to the Solar Analytics Platform not specifically covered by these Terms and Conditions; b) sell Confidential Information or Data to third parties or otherwise distribute or reveal Solar Analytics' Confidential Information or Data, unless expressly agreed in writing by Solar Analytics; and c) publicise or otherwise share Solar Analytics' Confidential Information or Data with anyone, unless expressly agreed in writing by Solar Analytics.

7. Export Limit.

If the Subscription includes an export-limiting service (for example the Relevant Agent Service in South Australia), you hereby authorise Solar Analytics to Export Limit your System when legally instructed to do so by the relevant technical authorities; or in order to test this functionality; or with your permission. The ability to limit solar export is a condition of being connected into the South Australian electricity grid set by the Office of Technical Regulation.

8. Change of Ownership.

System Owner must inform Solar Analytics by writing to support@solaranalytics.com if either the System Owner the System or the tenant of the System site changes. This is required to ensure that the resident of the site understands and accepts these terms and conditions and to ensure we maintain their privacy.

9. Cancellation

Either party may cancel the Subscription at any time by notice in writing to the other party if the other party commits a breach of any material provision of the these Terms and Conditions 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.

Solar Owner may cancel the Subscription, or request that the Solar Analytic’s Hardware is deactivated so that no Data is collected, at any time for convenience by providing notice to us either via the online portal or in writing, however, Solar Analytics will not provide any refund for any portion of an unused cancelled Subscription fee (“Early Termination Fee”). You will continue to have access to the Solar Analytics Platform until the earlier of: (a) the end of the Subscription Period; (b) the Hardware being removed or otherwise disabled, or (c) expiry of the 30 days period after cancellation of service. The removal of the Hardware device is the responsibility of the System Owner.

Solar Analytics reserves the right, in its sole discretion, to terminate your access to the Solar Analytics Platform or any portion thereof at any time. In cases where you are in good standing with payments for Subscription, and the access has not been terminated due to your breach of these Terms and Conditions, or any other applicable terms, Solar Analytics will refund the portion of payment for Services not yet rendered (portion of a 5 years for Lifetime Subscriptions). Solar Analytics will provide access for you to obtain your Data for 30 days after the termination, or otherwise transmit the Data to you if requested.

Solar Analytics retains the perpetual right to use the Data according to these Terms and Conditions and our Privacy Policy.

Solar Analytics retains the perpetual right to use the Data according to these Terms and Conditions.

In the event of termination you will be required to appoint another entity as your Relevant Agent to comply with the requirements of the South Australian Technical Regulator.

10. Sole Relevant Agent

For Relevant Agent Services, you will only appoint one entity for your System to be your Relevant Agent. You may change your Relevant Agent by contacting the Office of Technical Regulation. You must inform Solar Analytics by writing to support@solaranalytics.com if you appoint another entity as your Relevant Agent.

11. Price and GST

Solar Analytics reserves the right to reasonably vary the prices for our Products and Services prices from time to time at our sole discretion with 14 days’ notice to you.

12. Payment

The payment terms in this clause apply only to sales directly from Solar Analytics and are cash up front, unless otherwise agreed. 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 in the Quote.

13. Subscription Payment

Subscription payments may be: a) paid directly to Solar Analytics by the System Owner, or b) purchased by Solar Retailer on behalf of the System Owner. For recurring Subscriptions the System Owner or Solar Retailer will be charged against the designated Payment Method at the end of the Subscription Period. For recurring Subscriptions paid by you, unless you cancel your Subscription before your next billing date, you authorise Solar Analytics to charge the Subscription fee for the next billing cycle to your Payment Method.

14. Failure to pay

If the Payment Method is invalid or expired we will notify you of the failed payment by email. You may lose access to the Solar Analytics Platform when your Subscription expires, and after 30 days the historical data of that site may become unavailable.

15. Product Changes

Solar Analytics 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 Product in any way as Solar Analytics shall deem appropriate, or by the withdrawal of one or more features or by adding additional features to the Product. You shall not be obligated to purchase any changed Products which have been materially modified or changed. No refunds will be granted for previously purchased Products on the basis of Product changes, however, if a Subscription is a recurring Subscription and the Product changes reduce the functionality of the Product, you may within 30 days of the date the Product change was notified, terminate the Subscription upon written notice to us, in which case you will not be liable for Subscription fees past the month in which termination occurred.

16. Connectivity and availability

Solar Analytics will endeavour to make the Product available at all times, but cannot guarantee a consistent or uninterrupted communication connectivity or availability of the Product. Any communication breakdown or unavailability of the Product arising from Hardware faults, Wi-Fi connectivity, 3G/4G disruption of service, the unavailability or the discontinuation of network service and/or withdrawal of support for technology from the telecommunication provider or any other acts or omissions of any third-party providers are beyond the control of Solar Analytics and Solar Analytics accepts no responsibility for any impact or consequences they have on the provision of service.

The System Owner is responsible for maintaining remote connectivity to the System. If they are unable to restore remote connectivity to the System within a reasonable period, or if Solar Analytics are otherwise prevented from remotely controlling the System settings where required, Solar Analytics will be unable to provide the Services. In this event Solar Analytics will not provide any refund for any portion of an unused Services fee (“Early Termination Fee”).

Solar Analytics accepts no responsibility or liability for any impact or consequence caused by unreliable or non-functioning System communication connectivity.

17. Energy Savings Guarantee

Subject to the conditions below, if during the Energy Savings Guarantee Period we do not notify the System Owner of the opportunity to save AU$500 in energy spent at the site where the System is located, the System Owner can apply to Solar Analytics to complete an energy savings review on the System. If the Solar Analytics review shows that we have not identified $500 in energy savings over the Savings Guarantee Period, Solar Analytics will pay the System Owner the amount by which the identified savings fall short of $500.

1. Some examples of savings may include but are not limited to: identifying a System fault, failure or inefficiency (such as shading) that can be rectified to improve performance; identifying opportunities to reduce energy consumption or shift consumption to lower-cost times; recommending a lower-cost energy plan; facilitating the sharing of excess solar to third-parties; identifying opportunities for participation in demand response programs.
2. The energy savings review will be made by Solar Analytics based on the Data collected by Solar Analytics and other third party databases. All saving calculations are developed with solid scientific and data based assumptions, and the data and assumptions used to determine the saving estimate will be at the discretion of Solar Analytics.
3. This Savings Guarantee applies only to the original Owner and for the originally installed System at the original site.
4. This Savings Guarantee will not apply for any of the following circumstances:

• Systems greater than 15kW;
• Systems which do not have whole of site energy consumption monitoring;
• System Owner does do not enter energy plan tariff information into the Solar Analytics Platform, or keep those details up to date;
• System Owner does not maintain a valid email address with us, so that we can notify System Owner of savings opportunities;
• System Owner unsubscribes from receiving email communications from us;
• The hardware used to collect the energy data is not transmitting your Data to us, due to hardware or communications faults or otherwise;
• System Owner has the benefit of an energy plan which is not available to the general public, for example a staff discount provided by an energy retailer;
• System Owner does not apply for the refund within 6 months of the end of the Saving Guarantee Period.

18. Warranties

The information, materials and Data contained in the Solar Analytics Platform, including text, graphics, links or other items – are provided "as is" and "as available". While Solar Analytics makes best efforts to ensure the accuracy of all its information and Data and employs several layers of redundancy to this purpose, Solar Analytics does not warrant the accuracy, adequacy, or completeness of the information, materials or Data and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied or statutory, is given in conjunction with the information and materials.

Solar Analytics makes no representation whatsoever that the information or Data you obtain by using the Solar Analytics Platform is free from faults, defects, computer viruses or malware, and its liability in respect of such events is excluded to the fullest extent permitted under applicable law.

19. Solar Analytics Disclosure and Your Acknowledgement

Solar Analytics expressly disclose and you acknowledge that the Solar Analytics Platform service may be discontinued or terminated by Solar Analytics at its absolute discretion for any or no reason (“Discontinuance”), and Solar Analytics 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 Solar Analytics Platform Subscription for the unused period if applicable.

20. Privacy

Solar Analytics may collect, use and disclose your Personal Information in accordance with Solar Analytics’ Privacy Policy located at www.solaranalytics.com.

21. Confidentiality

You agree that you have the obligation to keep confidential all Solar Analytics' Confidential Information.

22. Data collection and usage

Solar Analytics uses the Data to deliver the Product and services. Data collection will begin at the Commencement Date and will be available to you as part of your Subscription. You may request a copy of your Data by sending an email to support@solaranalytics.com, in which case Solar Analytics may charge you a reasonable fee for production of such Data.

Solar Analytics owns the Data and reserves the right to maintain/analyse/aggregate/use other posted or submitted Data, so long as no Personal Information is disclosed.

Solar Analytics reserves the right to collect Data in accordance with these Terms and Conditions after your Subscription expires. The System Owner may cancel the ability of your to receive this Data from their System at any time by sending an email to support@solaranalytics.com, however this may restrict or limit the Products able to be offered to you and the System Owner and may impact your Warranty or other Terms and Conditions.

The Solar Retailer may be able to view the Data in order to provide services to the System Owner. System Owner may cancel the ability of the Solar Retailer to receive this Data at any time by sending an email to support@solaranalytics.com, however this may restrict or limit the Products able to be offered to you and may impact your Warranty or other Terms and Conditions between System Owner and the Solar Retailer.

23. Data provided by you

By posting, uploading, inputting, providing or submitting Data, you warrant and represent that you own such Data or otherwise have all the rights necessary for you to provide, post, upload, input or submit the Data.

24. Intellectual Property

Except as otherwise set forth in these Terms and Conditions or other valid agreement, and subject to Solar Analytics' express written grant to You of a Subscription in accordance with these Terms and Conditions, Solar Analytics owns or is the authorised licensee of all rights in the Intellectual Property in the software, hardware or any work product or code contained or used within the Solar Analytics Platform.

You undertake that you will not: a) breach any of Solar Analytics' rights in the Intellectual Property; or b) use or seek to use any information, whether or not proprietary or whether or not expressly marked confidential, gained in the course of its business dealings with Solar Analytics without the prior written consent of Solar Analytics.

Intellectual Property owned by either party at the commencement of the Subscription remains the property of that party. Any Intellectual Property developed or created during the Subscription vests in Solar Analytics immediately upon creation and you assign all right, title and interest in such Intellectual Property to us.

25. Limitation of Liability

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IN NO EVENT WILL SOLAR ANALYTICS, ITS AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR PARENT COMPANIES BE LIABLE TO YOU (WHETHER FOR BREACH OF CONTRACT, UNDER INDEMNITY, NEGLIGENCE OR ON ANY OTHER LEGAL OR EQUITABLE BASIS) FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING COMMERCIAL LOSSES, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, CONTRACT OR ANTICIPATED BENEFIT OR SAVINGS, BUSINESS, GOODWILL, DATA OR USE OR FOR ANY DELAY OR INCREASE IN OPERATING COSTS), WHETHER IN CONTRACT OR TORT, BY STATUTE OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS FORESEEABLE, FORESEEN OR KNOWN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

Otherwise you agree to limit Solar Analytics’ maximum aggregate liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to you as follows. If a court of competent jurisdiction determines that Solar Analytics or any of its, subsidiaries, affiliates, or parent companies is directly responsible for damages arising from the services that Solar Analytics performs or the systems it provides under these Terms and Conditions, such damages shall be limited to the sum of the yearly service and equipment charges actually paid by you under these Terms and Conditions during the year in which the event giving rise to such damages occurred. Except as expressly provided elsewhere in these Terms and Conditions, these agreed upon damages are your sole and exclusive remedy no matter the cause of any loss, damage, injury, or other consequence, whether caused by negligence, gross negligence, tort, failure to perform duties under these Terms and Conditions, breach of warranty, strict liability, failure to comply with any applicable law, or other default by Solar Analytics on any of its obligations in these Terms and Conditions.

THE FOLLOWING STATEMENT APPLIES TO CUSTOMERS THAT ARE ‘CONSUMERS' WITHIN THE MEANING OF THE AUSTRALIAN CONSUMER LAW: The benefits given to the consumers in these Terms and Conditions are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which these Terms and Conditions relate. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled, at our option to a replacement or refund for a major failure. You are also entitled, at our option, to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. In the case of liability for services that do not meet the consumer guarantees, our liability to you will be, at our option: (a) the supply of the services again; or (b) the payment of the cost of having the services supplied again.

You must take reasonable steps to mitigate any loss you suffer or incur under or in connection with these Terms and Conditions.

26. Force Majeure

If an event outside of our reasonable control (“Force Majeure Event”) prevents us from complying with our obligations under your Order, those obligations will be suspended for the duration of the Force Majeure Event. If we are affected by the Force Majeure Event, we must use our best endeavours to give you prompt notice of and full details about the Force Majeure Event and minimise, overcome or remove the Force Majeure Event as quickly as practicable.

27. Enforceability

In case any provision of this Agreement shall be invalid or unenforceable, the validity and enforceability of the remaining provisions of the Agreement will not in any way be affected or impaired thereby.

28. Governing Law and Arbitration

If any part of the Order is or becomes illegal, void or unenforceable, this does not invalidate the rest of the Order. These Terms and Conditions are governed by the law in force in New South Wales. Each party submits to the exclusive jurisdiction of the New South Wales courts.

29. No Unlawful or Prohibited Use

As a condition of your use of the Solar Analytics Platform, You warrant to Solar Analytics that you will not use the Solar Analytics Platform for any purpose that is unlawful or prohibited by these Terms and Conditions, Solar Analytics Platform Terms and Conditions or any other applicable agreement. You may not use the Solar Analytics Platform in any manner which could damage, disable, overburden, or impair the Solar Analytics Platform or interfere with any other party's use of the Solar Analytics Platform. You further agree that no joint venture, partnership, employment, or other relationship exists between You and Solar Analytics, except as otherwise documented in writing. You covenant that You shall not reverse engineer, decompile, or disassemble any of the Solar Analytics Platform's components except to the extent permitted by applicable law.

30. Trademark and Copyright Notice

SOLAR ANALYTICS name and logo are trademarks owned and used by Solar Analytics. Use of these marks without the prior express written permission of Solar Analytics is prohibited. All other trademarks referenced in these Terms and Conditions or referenced or used on the Solar Analytics Platform, or any part of Solar Analytics' website or in the course of Solar Analytics' business (such reference or use as may be amended from time to time) are the property of Solar Analytics or their respective third-party owners. Solar Analytics is the owner or authorised licensee of the copyright in these website pages (including without limitation all text, graphics and computer code relating thereto or associated therewith) and all other intellectual property and proprietary rights therein, and all rights are reserved. Permission is given for the downloading and temporary storage of one or more of these pages for the sole purpose of viewing them on a stand-alone personal computer or monitor and solely for the purpose of these Terms and Conditions.