You are engaging Bulk Energy Pty Ltd ABN 41 385 460 978 (‘Bulk Energy’ or ‘We’) to supply Services to You, and You agree to be bound by these Terms and Conditions:
- Definitions In addition to the definitions in the Agreement Cover Page: “Loss or Damage” includes direct loss or indirect loss or damage however caused (including through the negligence of You or others). “Service Agreement” means the Agreement Cover Page (including the Special Conditions), these Terms and Conditions and any attachments executed by You and Us, of which these Terms and Conditions are part. “Price” means the price for electricity (per kW/h) and/or gas (per MJ) supply procured for You, by Us, at Your request. “Services” means analysis, tendering for contract, and ongoing price management services in relation to either electricity and/or gas utilities, otherwise or additionally described in the Agreement Cover Page. “Term” means the term of any contract procured by Us for the provision of services by a third party supplier of electricity and/or gas to You. “We” and “Us” means Bulk Energy Pty Ltd ABN 41 385 460 978, its employees and agents. “Website” means https://gobulk.com.au. “You” means You, Your employees, contractors and agents.
- Services We will supply Services to You in accordance with: a. the Agreement Cover Page; and b. these Terms and Conditions (as amended from time to time and updated on Our Website)
- Information You provide a. We will rely upon the accuracy of any information You provide to Us. b. We are not liable for any Loss or Damage that may arise as a direct or indirect result of any such information provided to Us by You.
- Payment for Our Services a. Our fee will be derived wholly from commission paid by third party suppliers of electricity and/or gas for any contract with any of those suppliers We execute on Your behalf. b. You acknowledge that You understand We may receive these commissions.
- Term and termination a. This Service Agreement shall endure until such time that either party advises the other in writing that they wish to terminate this Service Agreement. b. If this Service Agreement specifies a date by which the Services must be performed, such as the date by which a supply contract must be signed for You, this Service Agreement expires and terminates on that date if the Services have not been completed or performed.
- Prices and Terms a. We will only execute a contract on Your behalf if the Price under the contract is a better Price for electricity and/or gas at the time of signing the new contract with a third party supplier, than You are paying at the time of executing this Service Agreement. If you have specified other criteria in the Agreement Cover Page we will also account for that criteria in executing such contract with the third party supplier, which you may waive on notice to us. b. if a lesser price than You are currently paying cannot be obtained, You have no obligation to switch Your energy supplier, and We will not execute any contract on Your behalf. c. You acknowledge that due to volatility within the energy industry, prices for electricity and gas may fluctuate significantly, and We therefore do not provide any warranty that any price We obtain for You will be the lowest price for the duration of the term of Your executed third party supplier contract. d. to the extent permitted by law, any warranty or representation by Us which would otherwise be implied in this Service Agreement is excluded. e. You acknowledge that You have entered into this Service Agreement on the terms of the Agreement Cover Page and these Terms and Conditions, and not in reliance on any other statement made by Us.
- No Warranty We will take care in the delivery of the Services to You and to ensure the accuracy of information We provide You, however: a. We do not give any warranty as to Services (other than warranties implied or imposed by law) nor as to the accuracy of any information provided to You; nor b. do We accept any liability for any loss suffered by You or any person or other entity in connection with the Services, any supply service or supply contract for electricity or gas, or due to the information We provide, including any opinion.
- Responsibility for third party supplier contract a. You acknowledge that compliance with the terms and conditions of any contract which We execute on Your behalf, between You and any third party supplier, lies with You. b. You will indemnify Us and hold Us harmless for and against any Loss or Damage that arises or is suffered by You, either directly or indirectly under and in respect of any supplier contract You enter into under the terms of this Service Agreement including from Your failure to comply with the terms and conditions of that third party supplier contract.
- Confidentiality and Privacy a. Our privacy policy is available on Our Website. We agree to comply with applicable privacy legislation in the delivery of the Services. b. You authorise Us to communicate to third parties any information that may be reasonably required for them to quote on electricity and gas prices, and execute a contract for supply of the Services. c. You agree to keep confidential any information supplied by Us to You.
- Limitation of liability You acknowledge and agree that We have no liability whatsoever including without limitation in negligence for any acts or omissions, for any loss or damage arising from this Service Agreement.
- Dispute resolution a. In the event of a dispute relating to this Service Agreement between the parties, both parties agree that prior to commencing any formal legal proceedings (other than for urgent equitable relief) they will endeavour to make all reasonable efforts to resolve such dispute in good faith, including by procuring a meeting between representatives of each party that have authority to agree on behalf of the party in relation to the dispute. b. if the dispute has not been resolved within 15 business days, the matter must be referred to mediation, with the mediator to be nominated by the Institute of Arbitrators and Mediators Australia or his or her nominee. c. each party must pay its own costs in respect of mediation.
- Notices Any notices will be sent in writing to the physical address, or the fax number, or the email address listed on this Service Agreement.
- Amendment We may amend these Terms and Conditions at any time. When we make an amendment we will notify you by email. Without affecting your right to otherwise terminate the Services Agreement, You may immediately terminate the Services and the Services Agreement on notice to us if you object to the amendment to the Terms and Conditions.
- Entire agreement The Services Agreement and these Terms and Conditions form the entire agreement between You and Us.
- Severability If any provision of this Service Agreement for any reason is declared invalid, such declaration will not affect the validity of any remaining portion of the Service Agreement, which remaining portion will remain in full force and effect as if this Service Agreement had been executed with the invalid portion thereof eliminated.
