SOLAHART SYMPHONY VIRTUAL POWER PLANT PROGRAM (“PROGRAM”)

PROGRAM TERMS AND CONDITIONS

 

As part of registering into the Program, the Customer agrees to be bound by the Program Terms and Conditions below. (The capitalised wording used herein shall have the same meaning as set out in the Customer Registration Agreement of the Program).

 

  1. TERM OF THE PROGRAM
    • The Customer agrees to be connected to the Program until 30 September 2023. The Program may be subject to extension. Any extended period to be notified to the Customer by Solahart from time to time in writing.
    • At the end of the Term other new programs, subject to new terms and conditions, may be offered to the Customer by Solahart or Solahart’s partner companies and the Customer may join these programs.

 

  1. OBLIGATIONS OF THE CUSTOMER
    • The Customer shall:
      • be a resident of Western Australia, where Western Power network is available.
      • own or have a right to use the System at the premises (“Premises”) set out in the Customer Registration Agreement, during the Term.
      • ensure that the HEMS gateway shall always be connected to a power supply and reliable internet connection that are always switched on during the Term.
    • The Customer understands that it is necessary to have strict compliance to terms and conditions set out in the Agreement and other requirements informed to the Customer by Solahart from time to time to obtain the benefits of the Program.
    • In the event of sale or lease of the Premises or Customer vacating the Premises, before the expiry of the Term, the Customer agrees to transfer its obligations set out in the Agreement to the new owner or the lessee, or to repay the cash incentive received from Solahart for the unexpired period of the Program. In the event the new owner or the lessee agrees to join the Program, the Customer shall provide the contact details of the new owner or lessee to Solahart.

 

  1. DATA
    • The Customer confirms that the electricity supply account for the Premises is with Synergy and it is in the name of the Customer (or jointly in the name of the Customer and another person's name, and that other person has given the Customer authority to participate in Program on behalf of the Customer).

 

  1. TERMINATION
    • The Customer understands that it is absolutely necessary to be in the Program during the full Program Term because the Program outcomes are dependent on full participation by all the Customers. The benefits of the Program to the Customers are provided on the basis of participation for the full Term.
    • If the Customer terminates from the Program prior to the end of the Term, the following consequences may transpire:
      • The payment of the incentive will cease.
      • Repayment of the already received incentive for the unexpired period of the Program.

 

  1. INDEMNITY
    • The Customer agrees to defend, indemnify and hold Solahart and its Program Partners (each an “Indemnified Party") from and against any and all claim, liability, loss, damage, cost or expense (including legal costs on a full indemnity basis) an Indemnified Party incurs or suffers directly or indirectly as a result of breach of the Agreement by the Customer and its household members, visitors, agents, representatives and contractors or any and all claims of any kind or nature whatsoever against the Indemnified Party arising from the actions or omissions of the Customer in connection with the Agreement .
    • The Customer acknowledges that Solahart will be managing and optimising the Customer’s System to optimise the Customer’s energy costs. Further, the Customer acknowledges that the remainder of the Customer’s energy consumption is not under the control of Solahart. Solahart and Synergy shall not be liable for any loss, damage, cost, expense or liability suffered by the Customer in relation to the energy costs, including if the Customer’s energy bills increase as a result of the Customer’s participation in the Program

 

  1. LIMITATION OF LIABILITY
    • Solahart shall not be liable for any direct or indirect cost, expense, damage, loss, death or injury to the Customer due to;
      • interruption of electricity or internet;
      • limited internet bandwidth;
      • malfunction or defect in software or hardware supplied by third parties and connected to the System;
      • malfunction of the System due to third party hardware or software connected to the System;
      • change of weather conditions;
      • virus attack on the System;
      • intentional, wrongful, negligent, fraudulent or reckless act or omission of the Customer or its household members, visitors, agents, representatives and contractors;
      • failure to inform Solahart of malfunction or error in the System;
      • any changes to laws or regulations by the Governments of Western Australia and Australia, their agencies, other authorities or regulators;
      • demand response events initiated by any authority, regulator, service provider or automatically in response to electricity network faults or performance issues;
      • an act of God or any act or omission beyond reasonable control of Solahart and its Program Partners; and
      • Customer’s failure to abide by the Agreement and other requirements informed to the Customer by Solahart from time to time.

 

  • Solahart shall not be liable for loss of or non-transmission of any data as a result of faults or restrictions in the electricity network or internet service.
  • Solahart shall not be liable for any special, indirect or consequential losses or damages, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the Program or under the Agreement.

 

  1. MISCELLANEOUS
    • All the conditions or warranties which may be implied or incorporated into the Agreement by law or otherwise are hereby expressly excluded to the extent permitted by law.
    • Solahart reserves the right to modify the Agreement from time to Such variations shall become effective within one week from publishing it on this website. By continuing to use this website and joining the Program, the Customer will be deemed to have accepted the varied Agreement .
    • The Customer shall not be entitled to assign the Agreement except as expressly stated in the Except for any permitted assignment of the Agreement , a person who is not a party to the Agreement  has no right of enforcement of the Agreement .
    • Unless specifically stated herein, the Agreement constitutes the entire understanding between the parties regarding the Program and supersedes any and all prior and contemporaneous verbal or written communications and understandings with respect
    • The Agreement is governed by the laws of Western Australia. The courts of that jurisdiction (and the courts exercising appellate jurisdiction over them) have jurisdiction in connection with the Agreement .
    • Notices to be given hereunder shall be effected in writing and delivered personally or by registered post with return receipt The notices to Solahart shall be addressed to the Legal Department, Solahart Industries Pty Ltd, No.1, Alan Street, Rydalmere NSW 2116, Australia. The notices to the Customer shall be addressed to the address stated in the Agreement . Notices delivered personally shall be deemed communicated as of actual receipt.
    • All waivers hereunder must be made in Failure by any party at any time to require the other party's performance of any obligation under the Agreement shall not affect the right subsequently to require performance of that obligation. Any waiver of any breach of any provision of the Agreement  shall not be construed as a waiver of any continuing or succeeding breach of such provision, or as a waiver or modification of such provision.
    • If any one or more of the covenants, provisions or terms of the Agreement shall, for any reason whatsoever, be held invalid, void or unenforceable, then such invalidity, nullity or unenforceability shall not affect the other covenants, provisions or terms of the Agreement .
    • The Customer warrants that it is entitled to enter into the Agreement and the rights and obligations created under the Agreement  shall be legally valid and binding and enforceable on the

           

  1. DEFINITIONS

In this Agreement, in addition to the capitalised wording used in the Customer Registration Form, or unless otherwise specified, capitalised terms are defined terms and have the meanings given below;

  • "Data” includes Metering Code Data, other behind-the-meter data that is collected by Solahart and its subcontractors in respect of the System
  • "Metering Code” means the Electricity Industry (Metering) Code 2012 (WA), as amended from time to time.
  • "Metering Code Data” means data relating to electricity production or consumption at the Customer Metering Point and read from a revenue meter, and includes "standing data" and "energy data" (as those terms are defined in the Metering Code). Standing data may include the National Meter Identifier and associated data.
  • "Metering Point” has the meaning given in the Metering Code.
  • “Solahart” means Solahart Industries Pty Ltd (ABN 45 064 945 848).
  • “Term” means period until 30th September 2023 and any extended period together.
  • “Agreement” means the Customer Registration Agreement and these Program Terms and Conditions, collectively.
  • “Program” means the Solahart Symphony Virtual Power Plant Program which is a part of a pilot (called Project Symphony) in which distributed energy resources will be aggregated and orchestrated to generate, store and distribute electricity locally and which will run until the Term.
  • "Project Symphony" means the pilot in which distributed energy resources will be aggregated and orchestrated to generate, store and distribute electricity locally and which will run until the Term. Project Symphony is a collaboration between Synergy, Western Power and AEMO with support from Energy Policy WA.
  • “Symphony Project Partners” means Synergy, Electricity Networks Corporation trading as Western Power ABN 18 540 492 861 (Western Power), Australian Energy Market Operator Limited ACN 072 010 327 (AEMO) or Energy Policy WA ABN 84 730 831 715 (Energy Policy WA) and the officers, employees, contractors and agents of each of these parties. Symphony Project Partner means any one of Synergy, Western Power, AEMO or Energy Policy WA and the officers, employees, contractors and agents of a party.