Eutility Services
Terms and Conditions
Terms and Conditions of Service
Eutility Pty Ltd ABN 56 090 407 346 (‘Eutility’) will supply you (or your) with energy and telecommunications analytical and price management services (‘Service/s’) on the terms and conditions as follows:1.0 Our Agreement with You
1.1 As a customer of Eutility these terms and conditions form the basis of our agreement.1.2 Our agreement with you also includes any Application form which you complete and provide to us. We may accept and rely on facsimile or scanned email copy of the original application form as if it was an original.
2.0 Service Description
2.1 We will provide the services as indicated in the sales proposals, on-line on our website www.eutility.com.au and as detailed in the New Business Application Form (the ‘Services’) to you in Australia and/or New Zealand.2.2 Where we are providing services relating to your Electricity and Gas spends, Eutility will analyse the data as supplied by you and prepare a report outlining the potential savings opportunities. Where savings opportunities don’t exist due to rising prices Eutility will prepare a report outlining the best possible future contracted price that is made available at the time. IN this instance Eutility may receive commissions from suppliers.
2.3 Where we are providing services relating to the pricing and analysis of Telecommunications spends (including data, mobile and fixed wire services) services, Eutility will deliver a draft report outlining savings opportunities that will firm up onto a final report once the full process is complete. Any implementation of part or all of the identified Savings during the Eutility Service Term will constitute a Savings as detail on part 3 of these Terms.
3.0 Charges & Payment
3.1 Charges for the services are determined in accordance with the Application Form and include:(a) An Establishment Fee where such fee is required to be paid prior to the commencement of the Service. Such fee is agreed between the parties; and
(b) A Performance Fee, where such fee will represent 20% of the projected Savings that are identified for a three year period or such period that may be limited by the terms relating to the pricing that is secured by Eutility. This fee will be due and payable whether or not the savings are implemented by you and only on the basis the savings are readily available. The Projected Savings will be reduced by any Early Termination Fees for the incumbent telecommunications suppliers and any Establishment Fees paid that have not been offset from savings achieved on another Service. Performance Fees are paid as follows: 25% of the Fee on the presentation of the final report, and three consecutive 25% payments paid each quarter thereafter.
3.2 Our terms of trade or 30 days form invoice date.
3.3 All payments made using either American Express or Diners Club credit cards will be subject to a 2.75% surcharge.
3.4 All payments made using a Visa, MasterCard or Bankcard will be subject to a 1.65% surcharge.
4.0 GST
4.1 Unless expressly stated otherwise, the charges payable for the services under this agreement are exclusive of GST. You must pay to Eutility in addition to the charges, for the services, an amount equal to any GST payable on the supply of the services. That additional amount is payable at the same time any part of the charges for the services is payable. Eutility will issue a tax invoice to you for the supply of those services at or before that time.5.0 Privacy
5.1 Eutility adheres fully to the Privacy Act. Our privacy policy sets out the way in which we collect, use and disclose information about you. For a full copy of our privacy policy please visit our website at www.eutility.com.au and click on the privacy link.6.0 Information
6.1 You consent to us or our suppliers exchanging your information and or details and the carrier or suppliers, ourselves and our respective related bodies corporate may all use your details for our own purposes.6.2 You authorise the carrier or suppliers to disclose to us all records, and in particular exchange line details, telephone accounts information, call charge records and call event records.
7.0 Limitation of Liability
7.1 To the full extent permitted by law & subject to clause (7.2), we will not be liable in any circumstances, however arising, to you or any person claiming through you in contract, tort, or otherwise (including negligence) for:(a) Any economic loss or damage & in particular (without limitation), any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings of profits; or
(b) Any indirect or consequential loss; or
(c) The acts of omissions of the carrier or any of our servants, officers, agents, contractors or subcontractors or the failure of, or fault or defect, in any contractors of subcontractors or the failure of, or fault or defect, in any telecommunications service, network, facilities, equipment or service, used by Us in supplying telecommunications services; or
(d) Our failure to continue to provide the service to you for any reason whatsoever. You acknowledge that we do not guarantee continuous fault free provision of the service.
7.2 Eutility will not be liable for any consequential, direct or special loss resulting from any fluctuation in energy prices into the future that may result in your being forward contracted on rate higher than that may be available into the future and that is unknown at the time of the initial report.
8.0 Term of the Agreement or Cancellation
8.1 In respect of each service set out in the application, this agreement will commence on the date of it’s signing by you and will continue for 36 months (Initial Term).8.2 At month 36 the Agreement will continue for further 12 month Terms until such time as you notify us in writing 60 days before the end of a Term that you with for the Agreement to be terminated.
8.3 If the Agreement is terminated after the Initial Term then further Annual Fees will no longer apply.
9.0 Confidentiality
9.1 You will keep confidential all information supplied by us.10.0 Entire Agreement
10.1 This agreement contains your and our entire understanding to the exclusion of any and all prior or collateral agreement of understanding relating to the services provided whether oral or written. You acknowledge that you have not entered into this agreement in reliance upon any statement made by us, other than as expressly contained in this agreement.10.2 If any part of this agreement is found to be invalid or of no force or effect this agreement shall be construed as though such part had not been inserted and the remainder of the Agreement shall retain its full force and effect.
10.3 To the extent that any service specific term or condition conflicts with any other term or condition in this agreement, the term or condition specific to the service will apply.