Synergy Solar Storage Trial Terms & Conditions 

This Trial Specification provides a broad overview of the Trial and forms part of the agreement between you and Synergy.  Terms used in this Specification have the meaning given in the clause 16 of the Synergy Solar Storage Trial Terms and Conditions.

Trial outline & features

Solar Storage Trial

Terms and Conditions

1. Agreement
   1. The Agreement consists of the Solar Storage Trial application you completed online (the Application), the Trial Specification, and the Solar Storage Trial Terms and Conditions (the Terms) (Agreement).
   2. If you are eligible to participate in the Trial and have completed the Application, we will supply the Product to you for the Trial Period on the terms and conditions contained in the Agreement.
2. Installation of the Product

   Our energy partner will contact you to arrange a convenient date and time for the installation of the hardware at the premises.  The nominated date and time may be subject to change.

    

3. Access to the premises

   You will allow us and our energy partners safe access to the premises and provide all reasonable assistance during installation of the hardware. You must ensure you or a representative is present during the installation of the hardware.

    

4. Ownership in the hardware
   1. Ownership in the hardware component of the Product passes from us to you on installation of the hardware at the premises.
   2. If you move premises during the Trial Period and continue to satisfy the eligibility criteria, you can continue to participate in the Trial at the new premises but you must pay for any costs incurred in removing the hardware from the premises and installing it at the new premises. 

       

5. Safety

         For your own safety, you should not remove, alter, tamper or attempt your own electrical work on the hardware. We recommend you engage an electrician for all electrical works in relation to the hardware connected at the premises.

    

6. Interruption to power supply
   1. You agree that your power supply at the premises may be temporarily interrupted during installation, repair, replacement or removal of the hardware. Synergy will not be liable for any Loss that you incur as a result of the electricity being switched off during this time.
   2. If there is life support equipment on the premises, you must notify Synergy prior to the installation date of the hardware for alternative arrangements to be made.

       

7. Costs and conditions of standard installation
8. Internet connection

   You must have an adequate internet network connection with open or unrestricted access at the premises for the hardware to function properly and for supply of the energy monitoring service.

    

9. Use and sharing of information
   1. We collect, use and share the information you provide (including any personal information) to help you save energy, provide the Products, and for our business purposes. To do this, we may share your information, including your historical and current electricity consumption and your renewable energy generating information, with our energy partners. We will use and otherwise deal with your information in accordance with our privacy policy. You can obtain a copy of our privacy policy by visiting synergy.net.au/privacy_policy
   2. To the extent that you own or have rights to the data generated by the Product, you grant to Synergy a non-exclusive, perpetual, world-wide, royalty-free, irrevocable, transferable, sub-licensable licence (with the right to grant sub-licenses on the same terms) to access, view, download, collect, analyse, interpret, use and disclose the data generated by the Products for any reason reasonably related to our business or to your participation in the Trial.
   3. You agree to not disclose the terms of the Agreement to any person without the prior written consent of Synergy.

       

10. Suspension

    We may suspend the provision of any or all of the Products if it is necessary to rectify any fault, perform any maintenance or for any other operational or technical reason.

     

11. Termination and end of the Trial Period
12. Limitation of Liability

    Subject to clause 13:

13. Energy savings

    Synergy does not warrant or otherwise represent that you will achieve any particular cost savings by using the Products during the Trial. Any savings achieved will depend on your electricity consumption and usage patterns, and your use of your renewable energy systems.

     

14. Amendments to the Agreement

    We can change the terms and conditions applicable to this Agreement without your consent from time to time and upon giving you not less than 14 business days' notice.  We will notify you of any changes to this Agreement by email or letter and if you do not agree with the changes, you may terminate this Agreement in accordance with clause 11(a).

     

15. Definitions

1. For the Trial Period, Synergy will provide the Products to you at no cost, including the costs of a standard installation of the hardware component of the Product.
2. A standard installation is based on the following conditions:
   1. the premises is located in the Perth metropolitan area;
   2. the supply and installation of hardware to monitor the whole of one premises plus, depending on power usage, up to three types of equipment;
   3. a 60A or 120A type installation is suitable;
   4. there is sufficient space in your existing switchboard at the premises to install the hardware or you agree to install a surface mounted, weatherproof enclosure to extend the meter box;
   5. no additional hardware is required to ensure adequate communication between the switchboard, meter(s) and the gateway;
   6. access to an internet connected router with a spare Ethernet port, to which the gateway can be connected via wired Ethernet; and
   7. there is a 240V outlet available to power the gateway.
3. If any of the conditions in (b) are not satisfied then a non-standard installation is required. We will notify you of these additional costs and how to pay if you want to continue to participate in the Trial.   
4. If any costs are payable by you, the GST provisions of the Supply Agreement apply to any supply under this Agreement.
5. The Agreement does not include the following costs:
   1. running costs required to operate the hardware and gateway (such as an internet connection);
   2. subject to clause 13, any costs associated with maintenance, replacement or repairs to the hardware if such maintenance, replacement or repairs is not the result of Synergy or our energy partners actions; and
   3. removal of the hardware if you ask us to remove it.

1. Either party may terminate this Agreement by giving the other party 30 days written notice.
2. We may terminate this Agreement immediately if any of the following occur:
   1. the Supply Agreement terminates;
   2. subject to clause 4(b), you sell or transfer or vacate the premises; and
   3. the premises no longer have a solar power system and a battery storage system in use.

      (c)  Prior to the end of the Trial, Synergy will notify you with the options available to continue with the energy monitoring service if it is available and continuing to be offered by Synergy.

       

1. Synergy is not liable to you for any Loss, including Consequential Loss; and
2. Any condition or warranty which would be implied by law, including by the Sale of Goods Act 1895 (WA), into this Agreement that may lawfully be excluded, is excluded.

    

1. Application of Australian Consumer law (ACL)

   Nothing in this Agreement is to be construed as excluding, restricting or modifying the application of any liability of Synergy to the extent it cannot by operation of law (including the operation of the Australian Consumer Law and consumer guarantees provided under the Australian Consumer Law) be excluded, restricted or modified.

2.                 Your Bill & Supply Agreement
   1. The Bill will reflect your participation in the Trial and state that the energy monitoring service is at no cost to you. 
   2. If there is a difference between your energy use shown in the energy monitoring service and the Bill, the usage in the Bill applies.  Energy costs displayed by the energy monitoring service are illustrative only.
   3. For the avoidance of doubt, this Agreement does not vary or otherwise affect in any way the terms and conditions of your Supply Agreement.

       

ACL or Australian Consumer Law means Schedule 2 to the

Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the Fair Trading Act 2010 (WA).

Bill means an invoice issued to you by us pursuant to the Supply Agreement.

Commencement Date means the date of installation of the hardware component of the Products.

Consequential Loss includes failure to realise anticipated savings, loss of revenue or profits, loss of opportunity or goodwill, loss of or inability to use the Products, loss of use, economic loss, special losses or damages.

energy monitoring service means the collection, storage analysis and real-time display (usually with a 5 minute time lag) of your energy consumption on the See & Save dashboard.

energy partners means HabiDapt as provider and installer of the hardware and as provider of the energy monitoring service, and DCS(WA) as an approved installer of the hardware.

gateway means a small device that connects to your internet router via an Ethernet cable. The gateway transfers your energy consumption data wirelessly from your switchboard meters to the internet (and your See & Save dashboard) via your internet router.

hardware means the energy monitoring meter(s) installed on your switchboard and the gateway that communicates with the meter(s) and uploads your energy consumption data to the internet via your internet router.  

Loss means loss, liability, damage, cost, charge or expense of any nature or kind.

premises means the premises where the Product will be supplied as set out in the Application.

Product(s) means the hardware and energy monitoring service.

Supply Agreement means the separate agreement between Synergy and you in relation to supply of electricity from Synergy to you.
Trial Period means a twelve month period commencing on the Commencement Date unless terminated earlier by the parties.

us, our, we, Synergy means the Electricity Generation and Retail Corporation trading as Synergy (ABN 58 673 830 106) established pursuant to the Electricity Corporations Act 2005 (WA).
you and your means the account holder to whom the Products will be supplied under this Agreement as set out in the Application.