Terms of use

Welcome to Solar Quotation System, an online Solar leads and business management software designed especially for small businesses. These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

By accessing or using the Services you acknowledge that you have read and understood these Terms and agree to be legally bound by these Terms and all policies and guidelines incorporated by reference in these Terms. If you do not agree to be bound by these Terms in their entirety, you may not use the Services.

Solar Quotation System reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Services, at any time. If we do so, we will make reasonable efforts to communicate these changes to you via email at the email address you provide in your registration information, if any, or we will post a notice in the Application.

Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised Terms on this Site, and your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.

If you do not agree to the modified terms, you must stop using the Services. You can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). If you have any questions about the Terms, please email us at support@solarquotationsystem.com.

1. Definitions

“Agreement” or “Terms”
means these Solar Quotation System Terms and Conditions.

“Access Fee”
means the monthly or annual fee (excluding any taxes and duties) and any applicable one-time-service fees payable by You in accordance with the fee schedule set out on the Website and as agreed to in Your Order Form for the Services.

“Billing Contact”
means Your nominated contact entity and address for billing purposes.

“Confidential Information”
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Services, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

“Data”
means any data inputted by You or with Your authority into the Website.

“Intellectual Property Right”
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Invited User”
means any person or entity, other than the Subscriber, that uses the Services with the authorisation of the Subscriber from time to time.

“Services”
means the online inventory management and multi sales channel and merchant price feeds services made available (as may be changed or updated from time to time by Solar Quotation System) via the Website.

“Subscriber”
means the person who registers to use the Services and, where the context permits, includes any entity on whose behalf that person registers to use the Services and is permitted to do so under this Agreement.

“Solar Quotation System”
means Solar Quotation System which is registered in Australia and all current and future global subsidiaries of Solar Quotation System

“Website”
means the Internet site at the domain www.solarquotationsystem.com or any other site operated by Solar Quotation System.

“You”
means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.

“Your Organisations”
means an organisation that You have added to the Services or that have been added with Your authority or as a result of Your use of the Services.

Any reference to “includes” or “including” is on a without limitation basis

2. Use of Software

Solar Quotation System grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

1. the Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;

2. the Subscriber is responsible for all Invited Users’ use of the Service;

3. the Subscriber controls each Invited User’s level of access to the relevant organization and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;

4. if there is any dispute between a Subscriber and an Invited User regarding access to any organization or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

3. Your obligations

3.1. Payment obligations:
An invoice for the Access Fee will be issued monthly or annually in advance (depending on your subscription type) at the beginning of each monthly or annual subscription period for which You have subscribed for.  All invoices will include the Access Fee for the corresponding period of use. Solar Quotation System will continue invoicing You monthly or annually in advance (as the case may be) until this Agreement is terminated in accordance with clause 8. All Solar Quotation System invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice within 7 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Access Fees.

3.2. Preferential pricing or discounts:
You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of organisations that You have added to the Services or that have been added with Your authority or as a result of Your use of the Services (“Your Organisations”). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organisations. Without prejudice to any other rights that Solar Quotation System may have under these Terms or at law, Solar Quotation System reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Services in respect of any or all of Your Organisations in the event that any invoices for those Access Fees are not paid in full by the due date for payment.

3.3. General obligations:
You must only use the Services and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Solar Quotation System or condition posted on the Website. You may use the Services and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

3.4. Third-party applications and your Data.
If You enable third-party applications for use in conjunction with the Services, You acknowledge that Solar Quotation System may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Solar Quotation System shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

3.5. Access conditions:

a. You must ensure that all usernames and passwords required to access the Services are kept secure and confidential. You must immediately notify Solar Quotation System of any unauthorised use of Your passwords or any other breach of security and Solar Quotation System will reset Your password and You must take all other actions that Solar Quotation System reasonably deems necessary to maintain or enhance the security of Solar Quotation System’s computing systems and networks and Your access to the Services.

b. As a condition of these Terms, when accessing and using the Services, You must:

i. not attempt to undermine the security or integrity of Solar Quotation System’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;

ii. not use, or misuse, the Services in any way which may impair the functionality of the Services, Website or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website, including by misusing the Services in a manner that materially exceeds reasonable usage or use patterns over any month or by using the Services in a malicious, fraudulent or unlawful manner;

iii. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;

iv. not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and

v. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

3.6. Usage Limitations:
Use of the Services may be subject to limitations, including monthly transaction volumes, number of users and the number of calls You are permitted to make against Solar Quotation System’s application programming interface (“API”). Any such limitations may be varied by Solar Quotation System in its sole discretion and will be advised from time to time. Any limitations will remain in effect for the duration of your contract with Solar Quotation System and any subsequent renewal period.

3.7. Communication Conditions:
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, email, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including: offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

When You make any communication on the Website, You represent that You are permitted to make such communication. Solar Quotation System is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Solar Quotation System does reserve the right to remove any communication at any time in its sole discretion.

3.8. Indemnity:
You indemnify Solar Quotation System against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Solar Quotation System, including any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

4. CONFIDENTIALITY AND PRIVACY

4.1. Confidentiality:
Unless the relevant party has the prior written consent of the other or unless required to do so by law:

a. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

b. Each party’s obligations under this clause will survive termination of these Terms.

c. The provisions of clause 4.1 shall not apply to any information which:

i. is or becomes public knowledge other than by a breach of this clause 4.1;

ii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or

iv. is independently developed without access to the Confidential Information.

4.2. Privacy:
Solar Quotation System maintains a privacy policy that sets out the parties’ obligations in respect of personal information . You should read that policy at www.solarquotationsystem.com/privacy/ and You will be taken to have accepted that policy when You accept these Terms.

5. INTELLECTUAL PROPERTY

5.1. General:
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Solar Quotation System (or its licensors).

5.2. Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Solar Quotation System Access Fee when due. You grant Solar Quotation System a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

5.3. Backup of Data:
You must maintain copies of all Data inputted into the Service. Solar Quotation System adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Solar Quotation System expressly excludes liability for any loss of Data no matter how caused.

5.4. Third-party applications and your Data.
If You enable third-party applications for use in conjunction with the Services, You acknowledge that Solar Quotation System may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Solar Quotation System shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

5.5. Member Account, Password and Security:
A User will choose a password when registering for the service. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under user’s password or account. User agree to (a) immediately notify Company of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account and the end of each session. Company cannot and will not be liable for any loss or damage arising from User’s failure to comply with this Section 5.

6. WARRANTIES AND ACKNOWLEDGEMENTS

6.1. Authority:
You warrant that where You have registered to use the Services on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Services You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

6.2. Acknowledgement:

You acknowledge that:

a. You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).

b. Solar Quotation System has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:

i. You are responsible for ensuring that You have the right to do so;

ii. You are responsible for authorising any person who is given access to information or Data, and you agree that Solar Quotation System has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and

iii. You will indemnify Solar Quotation System against any claims or loss relating to:

A. Solar Quotation System’s refusal to provide any person access to Your information or Data in accordance with these Terms; and/or

B. Solar Quotation System’s making available information or Data to any person with Your authorisation.

c. The provision of, access to, and use of, the Services is on an “as is ” basis and at Your own risk.

d. Solar Quotation System does not warrant that the use of the Services will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Solar Quotation System is not in any way responsible for any such interference or prevention of Your access or use of the Services.

e. Solar Quotation System is not Your accountant and use of the Services does not constitute the receipt of accounting advice. If You have any accounting questions, please contact an accountant.

f. It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.

g. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

6.3. No warranties:
Solar Quotation System gives no warranty about the Services. Without limiting the foregoing, Solar Quotation System does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including warranties of merchantability, fitness for purpose, title and non-infringement.

7. LIMITATION OF LIABILITY

7.1. To the maximum extent permitted by law, other than as set out in clause 7.2 below, Solar Quotation System excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Services or Website.

7.2. If You suffer loss or damage as a result of Solar Quotation System’s negligence or failure to comply with these Terms, any claim by You against Solar Quotation System arising from Solar Quotation System’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 2 months.

7.3. If You are not satisfied with the Service, Your sole and exclusive remedy, other than as set out in clause 7.2 above, is to terminate these Terms in accordance with clause 8.

8. TERMINATION

8.1. Trial policy
When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed monthly or annually based on your agreed subscription.

8.2.No-fault termination:
These Terms will continue for the monthly or annual period covered by the Access Fee paid or payable under clause 3.1.  At the end of each monthly or annual subscription period (as the case may be) these Terms will automatically continue for another monthly or annual period and the Access Fee for that month or year will continue to be due and payable in advance,  unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant subscription period.  If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.  Notwithstanding the above, You are not entitled to terminate these Terms within 90 days of the day You first added Your billing details into the Services in Your Order Form, other than in accordance with the seven day trial period set out in clause 8.1.

8.3. Breach:
If You:

a. breach any of these Terms (including by non-payment of any Access Fees) and do not remedy the breach within 7 days after receiving notice of the breach if the breach is capable of being remedied;

b. breach any of these Terms and the breach is not capable of being remedied (which includes any breach of clause 3.4 or any non-payment of Access Fees that are more than 7 days overdue); or

c. You or Your business become insolvent, or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
then Solar Quotation System may take any or all of the following actions, at its sole discretion:

d. terminate this Agreement and Your use of the Services and the Website;

e. suspend, for any definite or indefinite period of time, Your use of the Services and the Website;

f. suspend or terminate access to all or any Data through the Website; or

g. take either of the actions in sub-clauses (d), (e) and (f) of this clause 8.4 in respect of any or all other persons whom You have authorised to have access to Your information or Data;

h. charge any additional fees incurred in the recovery of outstanding amounts owed including (but not limited to) a flat overdue account fee, debt recovery fees, court costs and legal fees as well as accrued interest on all outstanding amounts calculated from the day they became due, calculated at a daily interest rate of 6%.

For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts or any of Your Organisations is not made in full by the relevant due date, Solar Quotation System may suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.

8.4. Accrued Rights:
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

a. remain liable for any accrued charges and amounts which become due for payment before or after termination; and

b. immediately cease to use the Services and the Website.

8.5. Expiry or termination:
Clauses 3.1, 3.7, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.

8.6. Refund Policy:
Solar Quotation System will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.

9. HELP DESK

9.1. Technical Problems:
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Solar Quotation System. If You still need technical help, please check the support provided online by Solar Quotation System on the Website or failing that email us at support@Solarquotationsystem.com.  Solar Quotation System will endeavour to address all queries and requests for assistance received through the Website or via email as promptly as reasonably possible, but does not warrant that support will be immediately available.

9.2. Service availability:
Whilst Solar Quotation System intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason Solar Quotation System has to interrupt the Services for longer periods than Solar Quotation System would normally expect, Solar Quotation System will use reasonable endeavors to publish in advance details of such activity on the Website.

10.GENERAL

10.1. Entire agreement:
These Terms, together with the Solar Quotation System Privacy Policy and the terms of any other notices or instructions given to You under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Solar Quotation System relating to the Services and the other matters dealt with in these Terms.

10.2. Waiver:
A waiver of any breach of any provision in these Terms shall not be effective unless that waiver is in writing and is signed by the party against whom that waiver is claimed.  If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

10.3. Delays:
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

10.4. No Assignment:
You may not assign or transfer any rights to any other person without Solar Quotation System’s prior written consent.

10.5. Governing law and jurisdiction:

These Terms and Conditions are governed by the laws of Queensland, Australia.

If you are domiciled in: Australia, Your agreement is with “Solar Quotation System Software Pty Limited, and all correspondence should be addressed to: PO Box 286, Salisbury, QLD 4107

10.6. Severability:
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

10.7. Notices:
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission unless an electronic error message is received by the sender. Notices to Solar Quotation System must be sent to support@solarquotationsystem.com or to any other email address notified by email to You by Solar Quotation System. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

10.8. Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.


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