Terms and Conditions of Service for Enercom Energy Solutions Pty Ltd

Last Updated: January 2023

These terms and conditions (“Terms”) govern the use of services provided by Enercom Energy Solutions Pty Ltd, ABN 36 641 380 618 (“Enercom”, “we”, “us”, or “our”). By accessing, browsing, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorised to use our services.

1. Definition

  • “Services” refer to energy brokering, energy management, and related services provided by Enercom.
  • “Client” or “you” refers to the person, business, or entity that engages with our services.

2. Service Agreement

  • Engaging with Enercom constitutes a binding agreement between the client and Enercom to the terms stipulated herein and any other agreed terms in writing.

3. Scope of Services

  • Enercom facilitates energy contracts between clients and energy suppliers. We do not generate, resell, or distribute energy.
  • Our services include, but are not limited to, negotiating energy rates, reviewing energy contracts, and energy management advisory.

4. Limitation of Liability

  • Enercom will not be held liable for any indirect, consequential, or special damages arising out of or in connection with the services or these Terms.
  • Our total liability in respect of any direct loss or damage will not exceed the amount paid by the client to Enercom in the 12 months preceding the event giving rise to the claim.

5. Fees and Payment

  • The client agrees to pay fees as agreed upon in writing between Enercom and the client.
  • Payment terms will be as stipulated in the invoice or as otherwise agreed upon.

5.1 Formal Tender Process: In the event that Enercom Energy Solutions Pty Ltd conducts a formal tender on behalf of the client, the client shall commit to providing a timely response to the tender results and recommendations presented by Enercom Energy Solutions Pty Ltd. Should the client fail to sign off on an agreement stemming from such a tender, irrespective of the reason for non-signature:

a. The client shall be invoiced a standard fee of $750 ex. GST for each NMI (National Metering Identifier) or MIRN (Metering Installation Registration Number) associated with the tender.

b. The aforementioned fee shall be due and payable within 30 days from the date of the invoice, unless otherwise agreed upon in writing.

6. Independence

  • Enercom operates independently and does not represent any specific energy provider. Our recommendations are based on our professional judgement and market analysis.

7. Confidentiality

  • Both parties agree not to disclose or use for any purpose other than the provision of the services, any confidential information acquired unless required by Australian law.

8. Termination

  • Either party may terminate the agreement with written notice, subject to any agreed termination fees or clauses.

9. Intellectual Property

  • All content on our website, including but not limited to text, graphics, logos, and software, is the property of Enercom and is protected by Australian and international copyright laws.

10. Dispute Resolution

  • Any disputes arising out of these Terms shall first be addressed through mediation in Australia. If mediation is unsuccessful, the parties agree to submit to the jurisdiction of the courts of Australia.

11. Changes to These Terms

  • Enercom reserves the right to update or change these Terms at any time. Clients are encouraged to periodically review these Terms to stay informed.

12. Governing Law

  • These Terms are governed by the laws of Australia.

13. Contact

  • For any queries regarding these Terms, please contact us at info@enercomenergy.com.au

14. No Financial Advice

  • Enercom provides energy brokering and management services, and while we aim to provide clients with the best available options, we do not offer financial advice. Clients are encouraged to consult with a financial advisor or relevant professional before making decisions based on the contracts or services facilitated by Enercom. We will not be held liable for any financial outcomes or issues arising related to energy contract agreements that the client enters into through Enercom Energy Solutions Pty Ltd.

15. Multiple Broker/ Retailer Engagements

  • Clients are required to inform Enercom if they are simultaneously engaged with multiple brokers or retailers. Failure to provide this information may result in conflicts of interest, overlapping contract negotiations, or other complications. The client will be held liable for any complications or financial losses arising from signing contracts through multiple brokers or retailers while engaged with Enercom without prior disclosure.

By using the services of Enercom Energy Solutions Pty Ltd, you acknowledge and accept these Terms and Conditions.

© Enercom Energy Solutions Pty Ltd, 2023. All rights reserved.