Privacy Policy & Terms

YOYO Energy Collection Statement

YOYO Energy PTY LTD ABN 95 640 359 020 (‘we’, ‘us’ or ‘our’) collect personal information about you in order to register your account, design a PV solar and storage system, obtain wholesale product prices and installation costs on your behalf and for purposes otherwise set out in our Privacy Policy at www.yoyoenergy.com.au.

The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our services to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at (02) 9191 1519 or at hello@yoyoenergy.com.au. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this collection notice.

YOYO Energy Privacy Policy

In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means YOYO Energy PTY LTD ABN 95 640 359 020. We are committed to respecting your privacy. Our Privacy Policy sets outs out how we collect, use, store and disclose your personal information. We are bound by the Australian Privacy Principles contained in the Privacy Act.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.

What personal information do we collect?

We may collect the following types of personal information:

• name;

• mailing or street address;

• email address;

• telephone number and other contact details;

• age or date of birth;

• your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;

• details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;

• any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;

• information you provide to us through customer surveys; or

• any other personal information that may be required in order to facilitate your dealings with us.

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

• register on our website or app;

• communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;

• interact with our sites, services, content and advertising; or

• invest in our business or enquire as to a potential purchase in our business.

In addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act.

Why do we collect, use and disclose personal information?

We may collect, hold, use and disclose your personal information for the following purposes:

• to enable you to access and use our [website | services | app];

• to operate, protect, improve and optimise our [website | services | app], business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;

• to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;

• to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;

• to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;

• to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and

• to consider your employment application.

We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

Do we use your personal information for direct marketing?

We and/or our carefully selected business partners may send you direct marketing communications and information about our [service | products]. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg an unsubscribe link).

To whom do we disclose your personal information?

We may disclose personal information for the purposes described in this privacy policy to:

• our employees and related bodies corporate;

• third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);

• professional advisers, dealers and agents;

• payment systems operators (eg merchants receiving card payments);

• our existing or potential agents, business partners or partners;

• our sponsors or promoters of any competition that we conduct via our services;

• anyone to whom our assets or businesses (or any part of them) are transferred;

• specific third parties authorised by you to receive information held by us; and/or

• other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

Disclosure of personal information outside Australia

When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.

Using our website and cookies

We may collect personal information about you when you use and access our website.

While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

We may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.

Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the contact us function. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.

If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Contact Us

For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

YOYO Energy PTY Ltd.,

hello@yoyoenergy.com.au

(02) 9191 1519

Effective: May 1st 2020

Website Terms and Conditions

Thank you for visiting our website. This website is owned and operated by YOYO Energy PTY LTD ABN 95 640 359 020. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at www.yoyoenergy.com.au/policy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means YOYO Energy PTY LTD ABN 95 640 359 020 and our related bodies corporate.

1. Registration

You must be a registered member to make orders | access our products | access certain features of our website.

When you register and activate your account, you will provide us with personal information such as your name, email address, physical address, phone number and any other relevant information requested. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy .

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

• at least 18 years of age;

• possess the legal right and ability to enter into a legally binding agreement with us; and

• agree and warrant to use the website in accordance with these Terms.

2. Collection Notice

3. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4. Acknowledgements and Consents

4.1 You consent to us collecting, holding, using and disclosing your information, including Personal Information, in accordance with the Privacy Act for the purposes of this agreement, and for the purpose of us marketing our products and services to you that relate to the System.

4.2 You acknowledge and agree that under this agreement you assign all STCs associated with the System and its operation to us, as set out in clause 13 of the Solar PV Sale and Installation Agreement Terms and Conditions

4.3 You acknowledge that we have explained the process surrounding the payment and trade of STCs (i.e. that STCs are only sold through a Clearing House when there is a buyer, there is no guarantee on how long they will take to sell, and you are not guaranteed $40)

4.4 You acknowledge and agree that we may vary the prices under this agreement in certain circumstances, as set out in clause 8 of the Solar PV Sale and Installation Agreement Terms and Conditions

4.5 You acknowledge and agree that your electricity retailer may change your electricity retail contract or tariff, as a result of you having us install the System at the Premises, and that you should contact your electricity retailer to obtain details in relation to this.

4.6 You acknowledge and agree that we have explained the terms of this agreement to you.

4.7 You acknowledge and agree that we will provide you with the Maintenance Documents listed as a “Customer Welcome Pack” which will contain the list of equipment making up the System, Warranty information, Equipment Manual, Equipment Handbook and Array Frame Engineering Certificate once the System is installed and commissioned

4.8 You understand that provision to you of this Quote constitutes an offer from us to you on the terms of the Quote and the attached Terms and Conditions and that, by signing below, you accept that offer and enter into a legally binding agreement with us on those terms.

Solar PV Sale and Installation Agreement Terms and Conditions

Terms of use

The Clean Energy Council Limited (CEC) owns all intellectual property rights in the Solar PV Sale and Installation Agreement (Agreement).
The Licensee must not remove these terms of use or any copyright statement from the Agreement.
The Agreement must only be used by a party designated by the CEC as a “Licensee” for the Agreement.
The Licensee is only permitted to use the Agreement as the basis for creating an agreement between the Licensee and its end customers for the sale and installation of solar PV equipment (Permitted Purpose).
The Licensee may tailor the Agreement for the Permitted Purpose. Use of the Agreement for any other purpose is prohibited.
The Licensee must not make claims of any nature in relation to its association with the CEC, including that it is accredited, approved or endorsed by the CEC, or that it is compliant with the Solar Retailer Code of Conduct, as a result of being granted a license to use this Agreement.
If the Licensee does not accept the following, then the Licensee must not use the Agreement. The CEC has prepared the Agreement as “model” terms without the requirements of any particular supplier or supply arrangement in mind. In using the Agreement, the Licensee accepts full responsibility for: a) obtaining expert advice for the Licensee’s use of the Agreement; b) compliance with all applicable laws relating to use of the Agreement and its subject-matter; and c) reflecting the Licensee’s requirements in the Agreement.

1. Introduction

Who does this agreement apply to?

1. This agreement is between:

a) YOYO Energy PTY LTD A.C.N. 640 359 020 (“YOYO Energy”), referred to as “we” or “us”; and

b) the customer named in the Quote, referred to as “you”.

What is this agreement made up of?

1.1 This agreement is made up of:

a) These Terms and Conditions

What does this agreement cover?

1.2 The agreement covers:

a) your purchase from us of the solar photovoltaic system and other equipment, referred to as the “System” and described in the Full System Design attached to this agreement; and

b) delivery and installation of the System at your Premises.

When does this agreement start and end?

1.3 This agreement starts when you accept our offer set out in the Quote, which you can do by:

a) signing and posting or delivering the Quote to our address as set out in the Quote;

b) signing, scanning and emailing the Quote to our email address as set out in the Quote; or

c) accepting the offer over the telephone, by calling our telephone number as set out in the Quote (in which case we will send you a full copy of this agreement, by post or email, within one week after your acceptance).

1.4 However, your purchase of the System will not become final until all of the following conditions have been satisfied:

a) you have paid us the Deposit; and

b) your electricity distributor (the company that actually delivers electricity to the Premises) has granted Grid Connection Approval.

1.5 This agreement ends when we have finished installing and commissioning the System, unless we or you end it earlier in accordance with its terms.

1.6 If we have delivered and installed the System, then after the agreement ends the guarantees and related terms in clause 14 will continue for the Guarantee Period.

Other rules

1.5 In addition to this agreement, various laws and codes, including the Australian Consumer Law and, if we have volunteered to be bound by it, the CEC Solar Retailer Code of Conduct, also contain rules applicable to the sale and installation of solar photovoltaic systems, and we will comply with these rules in selling you the System and installing it at the Premises.

Capitalised terms have special definitions

1.6 Capitalised terms used in the agreement have the meanings given to them in clause 23.

2. Sale of the System

2.1 Provided the conditions in clause 1.5 have been satisfied, we agree to sell, and you agree to purchase, the System on the terms of this agreement.

3. Invoice and Payment

Payment of the Deposit

3.1 You must pay us the Deposit at the same time as you accept our offer set out in the Quote.

Invoice

3.2 We will prepare and issue invoices to you in accordance with the schedule specified on Payment Summary on the Quote/Approval you sign off on

3.3 At our discretion, an invoice may be issued as:

a) A lump sum invoice; or

b) An itemised invoice specifying costs of labour, materials, margin and any discount or adjustment applicable.

3.4 Unless otherwise notified to and agreed by us, we may elect to issue the invoice by:

a) In hard copy;

b) By email; or

c) via an electronic billing platform nominated by us .

Payment of the Balance

3.5 You must pay us the Balance at the same time as we deliver the System to the Premises.

Payment methods

3.6 Payments under this agreement can be made by bank cheque, money order, cash, debit card, credit card or direct deposit.

When payment is taken to be made

3.7 You will only be considered to have made a payment once we, or an agent authorised to accept payments on behalf of us, receives the payment in cleared funds, without any set-off or deduction.

4. Price Adjustment

4.1 We discloses, and you agree, that the costs of the Work may be subject to change due to changes in:

a) taxes, duties and charges (including GST, excises and stamp duties) imposed by government or other authorities;

b) fluctuation of the value of Smallscale Technology Certificates (STCs) between the date of the Agreement and the date of assignment;

c) any monies available to you from the Australian Federal Government’s Renewable Energy Target Program (RET Program) or any other Commonwealth, State or Local Government rebates or incentives;

d) costs of insurance;

e) costs of freight;

f) exchange rates; and/or

g) costs in labour and materials.

4.2 Where the costs of the Work changes due to the reasons specified in Clause 4.1, we will notify you in writing and may adjust the Price. you shall not object to any reasonable adjustment made for these reasons.

4.3 The adjustment of the Price will be made in the next invoice issued to you in accordance with our payment schedule.

4.4 At our sole discretion a non-refundable deposit may be required. Payment of a deposit by you and receipt of payment by us is a precondition of our responsibility to supply the System and is non-refundable once the ten (10) day cooling period has passed. The deposit amount due will be stipulated at the time of the quotation. Subject to clause 18.2 in the event of cancellation, you shall be liable all costs incurred up to the time of cancellation (including but not limited to, an administration fee, any re-stocking fee imposed on us by their suppliers for non-stocklist and/or imported items.

5. Title

5.1 Title in the System will not pass to you until payment of the Balance, provided you have already paid the Deposit and all other amounts you owe us.

5.2 You agree that:

a) until ownership of the System passes to you in accordance with clause 5.1, you are only a bailee of the System and must return the System to us on request.

b) you hold the benefit of your insurance of the System on trust for us and must pay to us and or Installer the proceeds of any insurance in the event of the System being lost, damaged or destroyed.

c) you must not sell, dispose, or otherwise part with possession of the System other than in the ordinary course of business and for market value. If you sell, dispose or part with possession of the System then you must hold the proceeds of any such act on trust for us and must pay or deliver the proceeds to us and or Installer on demand.

d) you should not convert or process the System or intermix them with other System but if you do so then you hold the resulting product on trust for the benefit of us and or Installer and must sell, dispose of or return the resulting product to us as it so directs.

e) you irrevocably authorise us and or Installer to enter any premises where we and or Installer believes the System are kept and recover possession of the System.

f) we and or Installer may recover possession of any System in transit whether or not delivery has occurred.

g) you shall not charge or grant an encumbrance over the System nor grant nor otherwise give away any interest in the System while they remain the property of us and or Installer.

h) we and or Installer may commence proceedings to recover the Price of the System sold notwithstanding that ownership of the System has not passed to you.

6. PPSA

6.1 Upon assenting to these terms and conditions in writing you acknowledge and agree that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all system that have previously been supplied and that will be supplied in the future by us to you.

6.2 You undertake to:

a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which we may reasonably require to;

i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

ii) register any other document required to be registered by the PPSA; or

iii) correct a defect in a statement referred to in clause 6.2(a)(i) or 6.2(a)(ii);

b) indemnify, and upon demand reimburse, us for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;

c) not register a financing change statement in respect of a security interest without the prior written consent of us;

d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the System in favour of a third party without the prior written consent of us;

e) immediately advise us of any material change in its business practices of selling the System which would result in a change in the nature of proceeds derived from such sales.

6.3 You agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

6.4 You waive your rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

6.5 You waive your rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

6.6 Unless otherwise agreed to in writing by us, you waive yor right to receive a verification statement in accordance with section 157 of the PPSA.

6.7 You must unconditionally ratify any actions taken by us under clauses 6.2 to 6.6.

6.8 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

7. Refunds

7.1 If you have paid us money under this agreement, but the agreement ends for any of the following reasons before we install the System at your Premises, then when the agreement ends we will promptly refund all of the money you have paid:

a) if we have not delivered and installed the System at the Premises within 8 weeks after the original Target Date, and you choose to end the agreement under clause 10.7;

b) if we give you notice of a price increase under clause 8, and you choose to end the agreement in accordance with clause 8.3 rather than accept the price increase; or

c) Grid Connection Approval is refused.

d) If any of the equipment quoted is unattainable and you do not agree to equipment of a similar quality to be substituted

8. Price increases

8.1 Subject to clause 8.2, we can increase the price of:

a) the System or any part of it;

b) the installation of the System; or

c) any other item specified in the Quote,

to cover any new or increased cost in selling and installing the System under this agreement.

8.2 We can only increase prices under clause 8.1 if:

a) it is reasonable to do so;

b) we are not prohibited by law from doing so; and

c) we give you written notice of the increase at least one week before the Target Date set out in the Quote, or, if we have notified you of a new Target Date under clause 10.6, that new Target Date.

8.3 If we give you notice of a price increase and you prefer to end this agreement rather than accept the price increase, you can end the agreement in accordance with clause 8.4 and, if you do, we will give you any refund required under clause 7.1(b).

8.4 You can end this agreement under clause 8.3 by:

a) calling us on our telephone number as set out in the Quote; or

b) giving us written notice of this, by post or email,

before the Target Date set out in the Quote, or, if we have notified you of a new Target Date under clause 10.6, that new Target Date.

8.5 If we send you notice of a price increase and you do not end this agreement under clause 8.3 by the relevant date, you will be taken to have agreed to the price increase.

9. Approvals

Grid Connection Approval

9.1 We will apply for Grid Connection Approval on your behalf. In doing this, we will:

a) make the application as soon as possible;

b) keep you updated on the progress of the application;

c) respond, within a reasonable timeframe, to any information or other requests from the distributor; and

d) promptly give you notice of the outcome of the application.

9.2 Your purchase of the System is subject to Grid Connection Approval being granted.

9.3 If Grid Connection Approval is refused, then this agreement will end and we will give you any refund required under clause 7.1(c).

Other approvals

9.4 You are responsible for applying for and obtaining any other approvals, permits or consents required in respect of the installation of the System at the Premises.

9.5 You must apply for these approvals, permits and consents as soon as possible.

9.6 The sale and installation of the System, and your and our other obligations under this agreement, are not dependent on and will not be affected by whether and when you obtain these approvals, permits and consents.

10. Delivery and installation

Delivery

10.1 Provided the conditions in clause 1.5 have been satisfied, we must, or must procure, the delivery of the System to the Premises.

10.2 The risk of loss or theft of, or damage to, the System passes to you on delivery of the System to the Premises.

Installation

10.3 Provided you have paid the Balance, we must install, or must procure the installation of, the System at the Premises, in accordance with the Full System Design.

Target Date

10.4 We will use reasonable endeavours to deliver and install the System at the Premises on the Target Date.

10.5 You agree, however, that:

a) the Target Date is only a target and not a strict deadline; and

b) we will not be liable to you if we fail to deliver and install the System at the Premises by the Target Date.

10.6 We will notify you if we do not think we can deliver and install the System at the Premises by the Target Date, and give you a new Target Date.

10.7 If we have not delivered and installed the System at the Premises within 8 weeks after the original Target Date, you can end this agreement and, if you do, we will give you any refund required under clause 7.1(a).

Installation requirements

10.8 We (if we install the System) or our contractor (if we procure a contractor to install the System) must:

a) be a CEC-Accredited Installer; and

b) install the System in accordance with the Clean Energy Council Design and Install Guidelines and all other requirements applicable to CEC-Accredited Installers.

10.9 After installation of the System, we will give you any certificate or similar document regarding the electrical safety of the System which is required by law.

10.10 We will take every reasonable precaution in installing the System at the Premises. However, we will not be liable in respect of:

a) the structural integrity of the roof;

b) the roof’s ability to carry the weight of the System;

c) any effect installation of the System has on any roof manufacturer’s warranty; or

d) any damage to the roof or Premises which is not due to our negligence or breach of this agreement.

11. Accessing the Premises

11.1 You grant us permission to enter and remain at the Premises, and to have our contractors enter and remain at the Premises, to:

a) conduct one or more site inspections, if we think this is necessary; and

b) deliver and install the System,

at any reasonable time, provided we give you at least 3 Business Days’ notice of the proposed access time.

11.2 You or your representative must be present at the Premises for any site inspection and for the delivery and installation of the System.

11.3 You must:

a) ensure we and our contractors have convenient and safe access to all parts of the Premises necessary to conduct any required site inspections or to deliver and install the System;

b) not hinder or obstruct this access; and

c) ensure the Premises, including its roof, supporting structures and electrical wiring, are sound and able to accommodate installation of the System.

12. System maintenance

12.1 We must provide you with the Maintenance Documents.

12.2 It is your responsibility to maintain the System in accordance with these documents.

13. System performance and Government Incentives

Site-Specific Performance Estimate

13.1 We have calculated the Site-Specific Performance Estimate for the System and your Premises in accordance with the CEC System Design Guidelines.

STC Incentive

13.2 We have calculated the STC Incentive based on:

a) the maximum quantity of STCs that can be created in respect of the System under law, taking into account the Site-Specific Performance Estimate; and

b) the monetary value of that quantity of STCs,

and deducted the STC Incentive from the System Price.

13.3 Value of STCs could fluctuate between the date of this Agreement and the date of assignment and we may adjust the Total Price in accordance with the value of the STCs on the date of assignment and you must pay the Total Price after adjustment.

Assignment of STCs to us

13.4 You hereby assign to us all of your existing and future rights, title and interest in and to all STCs created or able to be created in respect of the System.

13.5 You must do anything we reasonably request of you for the purpose of perfecting, confirming or evidencing this assignment, including providing information and executing documents.

13.6 You warrant to us, when you accept the offer set out in the Quote and again on installation of the System, that you have not previously created, or assigned the right to create, any STCs in respect of the System or any other solar photovoltaic generating unit at the Premises.

Charging you the STC Incentive

13.7 If you do anything that:

a) obstructs or avoids the assignment under clause 13.4;

b) reduces the maximum quantity of STCs that can be created in respect of the System; or

c) renders the System ineligible for the creation of STCs,

then we can increase the Total Price by the amount of the STC Incentive, and you must pay us the STC Incentive within 10 Business Days of us invoicing you for it.

13.8 Clause 8 does not apply to any increase of the Total Price increases under clause 13.7, and you cannot end the agreement as a result of a price increase, or refuse to accept it.

Customer’s Obligation on Government Incentives

13.9 You authorise the us to apply in your name for any grant, rebate or any other benefit (referred to in this clause as a Rebates) available, (if applicable) from the Commonwealth, State Government, or any local state Solar Feed Tariff Schemes in relation to the installation of a solar system and to receive payment of that Rebate on your behalf.

13.10 You agree to sign any necessary documents, provide any necessary information and take any necessary action we may require, to enable us to obtain payment of a Rebate.

13.11 If we receive payment of a Rebate, we will apply that payment in or towards satisfaction of the Total Price.

13.12 We are not responsible for any failure to obtain a Rebate and you shall remain liable to us for the whole of the Total Price and any other amounts due to us which are not paid in full.

13.13 You unconditionally assign all Renewable Energy Certificates (RECs) and/or STCs to which you are entitled in respect of the System to us unless otherwise negotiated.

13.14 You acknowledge that, in certain circumstances, the Commonwealth Government, State Government or local government council (as applicable) may require repayment of a Rebate by you and in such circumstances, we will have no liability to you.

14. System guarantees

14.1 Subject to clause 14.2, we guarantee:

a) our workmanship, and the workmanship of our contractors, in installing the System; and

b) the operation and performance of the System,

will be free from fault or defect for a period of 5 years commencing on the date the System is installed (Guarantee Period), and we will repair any such default or defect notified to us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable timeframe at no cost to you.

14.2 The guarantee in clause 14.1 will not apply where:

a) the fault or defect is not notified to us within the Guarantee Period; or

b) the fault or defect is a result of:

i) something done by you or someone else, and not us or our contractors; or

ii) something beyond human control that occurred after installation, e.g., an extreme weather event;

iii) the System being misused, abused, neglected or damaged after installation;

iv) the System being maintained other than in accordance with the Maintenance Documents; or

v) the System being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing.

14.3 The guarantee in clause 14.1 is additional to any other guarantee or warranty you may have:

a) from the manufacturer of the System; or

b) under any applicable law, including the Australian Consumer Law,

although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case, and tell you the costs payable. The costs will be payable in advance.

14.4 During the Guarantee Period, we will provide reasonable assistance to you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as your liaison with the manufacturer.

15. Customer Acknowledgements

15.1 You acknowledges that:

a) the performance of the System may be affected by the actions of third parties and environmental conditions including, without limitation, the number of hours of sunlight, cloud cover, weather patterns, the location of the System and the location of surrounding structures and flora;

b) some buildings may not have the optimum orientation for the installation of the System or components and therefore understands and accepts that the System performance may be compromised in such situations. Notwithstanding the former we and or Installer will use its best endeavours to install and position the System to maximise orientation and exposure to direct sunlight;

c) you shall not be entitled to withhold any payment due under this contract because of any delay in the connection of, or the supply of electricity to the System by an electrical distributor or any other third party;

d) all descriptive specifications, illustrations, drawings, data dimensions, and weights stated our, or Installer’s, fact sheets, price lists or advertising material are indicative only and that they have not relied on such information;

e) If we and/or Installer notifies you that it intends to store onsite the System, plant, equipment or tools to be used in performance of the Services, then the you shall designate an area for storage and shall take all reasonable precautions to protect such items against destruction, damage, or theft. In the event that such items are destroyed, damaged or stolen then the cost of replacement shall be added to the contract Total Price;

f) all quotations for services in respect of tradesmen other than us and the Installer will be treated strictly between the tradesmen and yourself. You agree to indemnify the us and or Installer from any damage caused by any other tradesmen, including property damages or personal injuries, during and after the completion of the services.

16. Promotions and competitions

16.1 Additional terms and conditions may apply for certain campaign or promotion of our products. If you would like to participate in such campaign or promotion, we will provide you with those additional terms and conditions. Where you accept those terms and conditions, they will be considered a part of this agreement and shall prevail over the terms and conditions of this agreement in the event of inconsistency.

17. Website Rules

External Website Links

17.1 Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Website Intellectual Property

17.2 Unless otherwise indicated, we own or hold license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our website and in all of the material (including all text, graphics, logos, audio and software) made available on our website (Content).

17.3 Your use of our website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to our website or the Content. We grant you a licence to access our website and view the Content on the terms and conditions set out in this agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

17.4 Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

17.5 All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

No Commercial Use

17.6 This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Unacceptable Activities

17.7 You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;

b) using this website to defame or libel us, our employees or other individuals;

c) uploading files that contain viruses that may cause damage to our property or the property of other individuals;

d) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

17.8 If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

18. Complaints

Making a complaint

18.1 If you have a complaint relating to the System, its installation or this agreement generally, you can make a complaint to us by:

a) calling us on our telephone number as set out in the Quote; or

b) giving us written notice of this, by post or email.

18.2 We will handle your complaint in accordance with our standard complaints procedures. If we have volunteered to be bound by the CEC Solar Retailer Code of Conduct, then these procedures will comply with that Code, and with the Australian Standard on Complaints Handling AS ISO 10002-2006.

If you are still not satisfied

18.3 If you are not satisfied with the outcome of your complaint, you can refer the complaint to with the relevant Fair Trading or Consumer Affairs office in your state or territory, as follows:

ACT: Office of Regulatory Services
Phone: (02) 6207 3000

NSW: Fair Trading
Phone: 13 32 20

NT: Consumer Affairs
Phone: 1800 019 319

Qld: Office of Fair Trading
Phone: 13 74 68

SA: Consumer and Business Services
Phone: 13 18 82

Tas: Consumer Affairs and Fair Trading
Phone: 1300 654 499

Vic: Consumer Affairs
Phone: 1300 558 181

WA: Consumer Protection
Phone: 1300 304 054

19. Intellectual Property

19.1 Where we have designed, drawn or developed Documentation for you (including but not limited to, reports, specifications, bills of quantity, schedules, calculations and other documents), then the copyright in those designs, drawings and Documentation shall remain the property of us.

19.2 Unless expressly agreed by us, no third party may rely upon any Documentation provided under this agreement for any other project, and you shall indemnifies the Seller from an unlicensed use of, or reliance on, said Documentation for that purpose.

19.3 You warrant that all designs, specifications or instructions given to us will not cause us to infringe any patent, registered design or trademark in the execution of your order and you agree to indemnify us against any action taken by a third party against us in respect of any such infringement.

19.4 You agree that we may (at no cost) use for the purposes of marketing or entry into any competition, any Documentation which we have created for you.

20. Privacy

20.1 We will comply with all relevant privacy legislation in relation to your personal information.

20.2 If you have any questions in relation to privacy, you can contact us by:

a) calling us on our telephone number as set out in the Quote; or

b) giving us written notice of this, by post or email.

21. What happens if you fail to perform this agreement

21.1 If you:

a) fail to pay any amount when due; or

b) fail to perform your obligations in clause 11,

then we may suspend our performance of this agreement with immediate effect, and will give you a notice asking you to make the required payment or perform the required obligation.

21.2 We may charge interests on any amount you fail to pay when due at a rate of 10% per annum accruing daily until the payment is made in full.

21.3 If you fail to make the required payment or perform the required obligation within one week after the date of our notice, then we may end this agreement immediately by notice to you.

21.4 If we end this agreement under clause 21.2, you must pay us any costs we incur as a result of ending the agreement, and any costs we have already incurred in respect of the delivery or installation of the System.

21.5 Without prejudice to any other remedies we and or Installer may have, if at any time you are in breach of any obligation (including those relating to payment) under these terms and conditions we and or Installer may suspend or terminate the supply of System to you. The We will not be liable to you for any loss or damage you suffer because we have reasonably exercised its rights under this clause.

21.6 Without prejudice to other remedies at law we shall be entitled to cancel all or any part of any order of you which remains unfulfilled and all amounts owing to us shall, whether or not due for payment, become immediately payable if:

a) any money payable to us becomes overdue, or in our reasonable opinion the Customer will be unable to make a payment when it falls due;

b) you becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any asset of yours.

22. GST

22.1 Unless otherwise stated the Price or any other money payable under this Agreement does not include GST. In addition to the Price or money payable in accordance with this Agreement you must pay to us an amount equal to any GST we must pay for any supply by us under this or any other agreement for the sale of the System. You must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the Price. In addition, you must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

23. General

Notices

23.1 Any notice under this agreement must be in writing and signed by the sender or by an authorised representative of the sender and sent to or left at the address of the addressee in the Schedule or, if the addressee has previously notified the sender in writing of an alternative address for notices, that alternative address.

23.2 If the delivery or receipt of a notice occurs on a day which is not a Business Day or at a time after 5.00 pm in the place of receipt, it is regarded as having been received at 9.00 am on the following Business Day.

Assignment and novation of the agreement

23.3 Neither party can assign its rights or novate its obligations under this agreement without the other party’s prior written consent, not to be unreasonably withheld or delayed.

Sub-contracting

23.4 We may sub-contract any of our obligations under this agreement to a third party, provided that:

a) if we sub-contract any obligations:

i) we will ensure the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this agreement;

ii) we will continue to be liable to you for the performance of our obligations under this agreement, even though we have sub-contracted one or more of those obligations; and

iii) we will be liable to you for the acts and omissions of our sub-contractors, as if these acts and omissions were our own; and

b) our obligations in relation to the design or installation of the System can only be sub-contracted to a CEC-Accredited Installer.

Amendment of the agreement

23.5 This Agreement can only be amended in writing signed by both parties.

Waivers

23.6 A waiver in connection with this agreement is not valid or binding on the party granting that waiver unless made in writing by that party.

Severance

23.7 Any term of this agreement which is or becomes invalid or unenforceable does not render the other terms of the agreement invalid or unenforceable.

Governing law of the agreement and submission to jurisdiction

23.8 The laws of New South Wales governs this agreement, and each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there.

24. Meaning of capitalised terms in this agreement

Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Balance means the amount specified as such in the Quote, subject to any adjustment of this amount in accordance with this agreement.

Business Day means a day which is not a Saturday, Sunday or public holiday in the State or Territory in which the Premises are located.

CEC-Accredited Installer means an installer of solar photovoltaic systems accredited in this capacity by the Clean Energy Council under the Clean Energy Council Code of Conduct and Accreditation Terms and Conditions.

CEC System Design Guidelines means the Clean Energy Council System Design Guidelines for Accredited Designers.

Deposit means the amount specified as such in the Quote, subject to any adjustment of this amount in accordance with clause 8.1 or 13.7.

Documentation means any documents, designs, drawings or other materials provided, utilised or created incidentally by us and/or the Installer in the course of it conducting, or providing to you, any Services.

Full System Design includes the System design and specifications, proposed roof plan, System orientation and tilt, expected efficiency and the Site-Specific Performance Estimate calculations, as set out in Attachment 1.

Grid Connection Approval means approval from your electricity distributor for the connection of the System to the electricity grid at the Premises.

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Guarantee Period has the meaning given to it in clause 14.1.

Installer means a third party accredited by the CEC and holds a valid electrical contractor licence that will carry out the labour associated with a PV solar and/or storage installation.

Maintenance Documents means the System maintenance documents listed in Attachment 2 to this agreement.

Our Website means www.yoyoenergy.com.au, other website we own and any webpage of those websites.

PPSA means the Personal Property Securities Act 2009 (Cth).

Premises mean the premises at the address specified in the Quote.

Privacy Act means the Privacy Act 1988 (Cth).

Quote means the document titled as such which forms part of this agreement and is attached to the Terms and Conditions.

Services means any service we are obliged to provide in accordance with this agreement.

Site-Specific Performance Estimate means our site-specific estimate of the average daily energy yield of the System for each month, in kWh, as set out in the Full System Design.

STC means a small-scale technology certificate created under the Renewable Energy (Electricity) Act 2000 (Cth).

STC Incentive means the amount specified as such in the Quote.

System means the solar photovoltaic system and other equipment we are to deliver and install at the Premises under this agreement, as described in the Full System Design.

System Price means the amount specified as such in the Quote.

Target Date means the date specified as such in the Quote, subject to any variation of that date in accordance with clause 10.6.

Total Price means the amount specified as such in the Quote.