A. We operate a website that allows users to submit a form to obtain up to three quotes for a solar system.
B. Our system matches suppliers with users based on the information that the users provide, and sends the users’ information to up to three suppliers who can then contact the users to provide a quote.
C. Suppliers pay a fee for each user that we refer to them.
- In this agreement—
- ‘converting’ in relation to a lead means entering into an agreement to provide goods or services or receiving any other benefit in relation to the lead;
- ‘lead’ means a potential lead that has been matched with a supplier by our system;
- ‘our system’ means the system, including our website, that we use to match potential leads with one or more suppliers;
- ‘our website’ means the website that we operate at www.solarhotwaterquotes.com.au or any similar website that we operate from time to time;
- ‘outstanding fees’ means any of the fees mentioned in clause 10 that you have not yet paid (including unbilled fees);
- ‘potential lead’ means a person who submits the ‘Get a Quote’ form on our website seeking to obtain quotes for a solar system;
- ‘solar system’ means a solar electricity system, a solar hot water system, or any other goods or services that you sell or provide;
- ‘spam’ in relation to a lead means junk data entered into our system by an automated program, or by any other means, for a purpose other than to obtain a quote for a solar system;
- ‘supplier’ means a person who has entered into an agreement with us for us to refer leads to that person;
except where a contrary intention appears.
- You agree to provide us with all of the information that we reasonably request from you for the purposes of entering it into our system so that our system can match you with potential leads.
- You warrant that the information that you provide to us under clause 2 is accurate and up to date, and you agree to notify us if the information is no longer accurate or up to date.
Referral of Leads
- After you have provided us with all of the information referred to in clause 2, we will enter that information into our system, which will attempt to match that information with information provided by potential leads.
- Our system may match you (together with up to two other suppliers) with a potential lead, in which case we will refer the lead to you by providing information about the lead to you so that you can contact the lead to provide a quote for a solar system.
- At any time, you may request us not to refer any leads to you, or to refer no more than a certain number of leads in a given period, and we will comply with such a request until such time as you instruct us otherwise.
- We do not guarantee or represent that we will refer any leads to you. We reserve the right to modify the basis on which our system matches suppliers with potential leads or the basis on which we refer leads to suppliers in any way we see fit, and you acknowledge that this may mean that no leads are referred to you at all.
Rejection of Leads
- 8.You may reject a lead that we refer to you if any of the following conditions are satisfied—
- you genuinely believe that the lead is not seriously considering purchasing a solar system within the next 12 months; or
- the lead was already known to you before we referred the lead to you; or
- the lead is a duplicate lead that we had already sent to you on a previous occasion; or
- the lead is spam;
provided that you reject the lead within 7 days of the time that we refer the lead to you.
- Without limiting our right to terminate this agreement under clause 15, we reserve the right to terminate this agreement at any time by giving you notice to that effect if you reject more leads than we deem, in our sole discretion, to be reasonable.
Fees & Payment
- You agree to pay us a fee of $36 including 10% GST for each lead that we refer to you (other than leads that you reject under clause 8), irrespective of whether you are successful in converting that lead or not.
- We will bill you for the fees mentioned in clause 10 on the last day of each calendar month, and you must either—
- pay the full amount billed less a 5% discount within 14 days; or
- pay the full amount billed within 21 days.
- You agree not to use, distribute, or sell any of the information that we provide to you about any lead other than in connection with providing the lead with a quote for a solar system unless you obtain the lead’s permission to do so first.
- You agree to allow us to collect reviews regarding you and the solar systems that you provide, and to post on our website and otherwise distribute those reviews.
- 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 clause 13 irrespective of how that injury, loss, or damage is caused (including where it is caused by negligence, defamation, or falsehood).
- We may terminate this agreement at any time by giving you notice to that effect.
- You may terminate this agreement at any time by giving us notice to that effect, however such termination does not release you—
- from your obligation to pay any outstanding fees; or
- from your obligation to respect the privacy of each lead that we have referred to you under clause 12; or
- from the disclaimer in clauses 18 and 19; or
- from the indemnity in clause 20.
- For the purposes of clauses 15 and 16, termination shall be effective immediately when the notice is actually communicated, and the notice may be given by e-mail, phone, fax, or post.
- 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 this agreement or your use of our system irrespective of how that injury, loss, or damage is caused (including where it is caused by negligence).
- To the maximum extent permitted by law, any condition or warranty that would otherwise be implied into this agreement is hereby excluded. Where law prohibits us from excluding any such condition or warranty, our liability in relation to breach of that condition or warranty is limited to one or more of the following—
- if the breach relates to goods—
- the replacement of the goods or the supply of equivalent goods; or
- the repair of the goods; or
- the payment of the cost of the replacement of the goods or of the supply of equivalent goods; or
- the payment of the cost of the repair of the goods; or
- if the breach relates to services—
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- if the breach relates to goods—
- You agree to indemnify, and keep indemnified, us, our employees, our agents, and our contractors against any claim whatsoever that anyone may have against us (including legal costs and expenses) in relation to—
- any goods, services, or information provided by you; or
- your conduct or your failure to act; or
- any other interaction whatsoever that anyone has with you.
- These terms and conditions are government by the law of South Australia.