Saveawatt Commercial Terms and Conditions

As at August 2025

Part One – Definitions of Terms

1. ‘Services’ and ‘Goods and services’ means all goods and services we supply to you. It includes advice and recommendations. It also includes services described on any invoices, quotes, work authorisations or other forms we give to you, and on any of our websites.
2. ‘We’, ‘us’, and ‘our’ means Saveawatt Ltd or any agent acting so authorised by Saveawatt Ltd.
3. ‘You’ means the entity that has engaged Saveawatt Ltd for the provision of services.
4. ‘Liable’ means responsible by law; legally answerable.
5. ‘Saveawatt service agreement’ or ‘service agreement’ means the service agreement(s) that you have engaged in with Saveawatt Ltd for services. This can constitute an agreement, signed proposal, service sheet or written or verbal confirmation of services from you. This specifically does not include the ‘Energy agreement’ for supply of energy to you.
6. ‘Term’ or ‘Term of agreement’ means the time that the agreement was agreed to exist for.
7. ‘Energy rate’ means the fee you pay for the supply of energy, which can include but is not limited to; energy, government, metering and network fees.
8. ‘Saveawatt Fee’ or ‘Energy Management Fee’ means specifically the price charged by Saveawatt for services in addition to the energy rates charged for your energy supply.
9. ‘Energy agreement’ or ‘Energy supply agreement’ means the contract for the supply of energy to you, which may be administered by Saveawatt. This includes all the connections therein. This agreement can be either between you and your energy supplier as signed parties, or between Saveawatt and your energy supplier as signed parties. In either case the energy agreement means any agreement for supply of energy to you or your organisation.
10. ‘Connection’ means the point of connection for either electricity or gas, usually identifiable by an ICP number. This is the point at which the energy is sold to you.
11. ‘Point of Supply’ has the same meaning as connection.
12. ‘Energy supplier’ or ‘energy retailer’ means the primary party providing you with energy. This is the organisation that Saveawatt have engaged with under any form of energy agreement for the supply of energy to you. Saveawatt are, under no circumstances, an energy supplier by this definition as Saveawatt may only purchase energy from energy suppliers as a business function to assist you.
13. ‘Supplied via Saveawatt’ means specifically an energy agreement where Saveawatt are the named customer on the energy agreement while energy is being provided to you.
14. ‘Supplied in agency’ means specifically energy provided under an energy agreement where that agreement exists between you and the energy supplier however Saveawatt manage the energy agreement as your agent.
15. ‘Acting as your agent’ means where Saveawatt establish or manage an energy agreement for energy supplied in agency.

Part Two – Saveawatt Service

1. Saveawatt may provide you with energy related services. This may include:
   1. Energy Procurement.
   2. Administration of energy supply to your organisation.
   3. General operational energy support.
   4. Advice relating to energy:
      1. Reticulation,
      2. Supply type,
      3. Fuel type,
      4. Metering,
      5. Profile cost and consumption modelling.
2. Saveawatt may provide you with services either as part of ongoing Saveawatt service agreement with a fixed or non-fixed term, as part of a one-off service with no express term, or because you have requested the service. Where a Saveawatt service agreement exists that will supersede any other agreement that overlaps or contradicts the Saveawatt service agreement. Even where there is no signed agreement, you agree to be bound by these terms and conditions.
3. Where you are provided with services from Saveawatt however the end date of your service agreement has passed or you have no term or end date, Saveawatt may charge you anything up to the default non-contracted service fees. These are 1-5% of your total monthly invoice exclusive of GST consumed by you while receiving services from Saveawatt.
4. Unless you provide Saveawatt with notice to the contrary prior to the conclusion of your Saveawatt service agreement, at the conclusion of that agreement the term shall be extended with the equivalent conditions, services, and price as in the original agreement for 12 calendar months [the natural extension period]. This shall continue to extend at 12-month intervals at the conclusion of each extension period until notice is provided by either you or us for termination or renewal.
5. Either party may terminate this agreement if the other party has materially failed to fulfil their obligations under the agreement, and such failure continues for 30 days after written notice. Saveawatt may terminate this agreement immediately by written notice where:
   1. You fail to pay any amount due within the time required;
   2. You become insolvent, are placed into receivership, liquidation, or administration;
   3. You act in a way that materially undermines Saveawatt’s ability to perform its services.
6. Unless otherwise expressly stated in the agreement, where you terminate the agreement before the end date of the agreement or during any 3-month extension period, you will remain liable for the portion of the Saveawatt service fee that has not yet been recovered over the term of the agreement. The Saveawatt service fee is structured so that it is spread evenly across the full term (rather than charged in a lump sum), making it easier for customers to pay. In the event of early termination, you will be required to pay up to 75% of the remaining service fee, as well as any costs associated with early termination from your energy supplier. This will be calculated by a reasonable forecast of days and units multiplied by the Saveawatt service price at the time of termination.
7. You acknowledge that the Saveawatt service agreement is distinct from the energy agreement and can be provided and binding without an active energy agreement.
8. The included service elements of the Saveawatt service agreement may change or be added to from time to time. This will be detailed in your service agreement and will be bound by these terms and conditions.

Procurement

9. As part of your service from Saveawatt we may provide you with procurement and assessment services [market assessments]. This may include but is not limited to:
   1. Assessing your current energy supply.
   2. Analysing your consumption of energy.
   3. Liaising with providers for you to procure new supply agreement options that are available to you.
   4. Assessing the benefits of any new supply agreement options.
   5. Providing you a breakdown of the market assessment and assist in determining the best option for you moving forward.
   6. Implementing new energy supply agreements.
10. If you are a client of Saveawatt we may conduct market assessments at regular intervals during the term of your energy agreement with us to identify any new opportunities for energy supply to you.
11. Customers may be required to complete an authority form with Saveawatt before this service is commenced. The authority will allow Saveawatt to gain access to information about your energy accounts, connections and any other information related to your supply of energy from your retailer.
12. If you are party to a current Saveawatt service agreement, you acknowledge that this authority to conduct market assessments is inherent, although your energy supplier may require an updated form for us to carry out the exercise.
13. If no signed authority is provided by you the Saveawatt service agreement and any energy agreements in place are still binding.
14. Saveawatt will not implement any changes as a result of our procurement services without your approval.

Free Market Assessments

15. In some cases, we may choose to conduct a market assessment of your connections before requiring you to commit to a Saveawatt service agreement. This will only be the case if we have clearly and expressly stated this in our agreement with you, even if we have implied otherwise.
16. Unless otherwise expressly stated in the agreement a free assessment holds no financial obligation for you.
17. If Saveawatt conduct a free assessment for you, you acknowledge that the assessment is the work and effort of Saveawatt to provide evidence of our ability to provide you with service. You agree that you shall not act in any way to undermine the spirit of that free assessment and shall not attempt to take advantage of the assessment by using its results or any information held therein to acquire energy supply options directly with any energy supplier.
18. Upon engaging Saveawatt for a free assessment you agree that where an energy provider presents you with rates or benefits that can reasonably be construed as resulting from the efforts of Saveawatt, you will advise Saveawatt of this immediately and decline to accept these directly from the provider or retailer.
19. If you breach clauses 17 and/or 18 you agree that this constitutes the provision and fulfilment of a Saveawatt service and accept the costs of that service.

Administration of Energy

20. As part of your service from Saveawatt we may provide you with administration services of the energy supplied to your connections [energy administration services]. This may include but is not limited to:
    1. Billing support.
    2. General support.
    3. Tracking of energy consumption.
    4. Tracking of energy costs.
    5. Reporting functions.
    6. Market and connection support.
21. Where Saveawatt provides you with billing support you agree that Saveawatt will receive invoices for you for all your connections covered by that service agreement. You agree that Saveawatt will recharge you for the energy consumed by you at those connections.
22. You agree that in any case, where Saveawatt make any payment for energy supplied to you, you are liable for that cost.
23. You agree that all risk and title remain with you until the payment of energy is made to the energy supplier for the energy consumed by you.
24. Saveawatt agree not to make any major changes to your energy agreement or changes that would materially impact the nature or term of the existing energy agreement.

General Operational Support

25. Where Saveawatt provides you with general operational support we will take all reasonable steps to ensure that you receive the support you need in a timely manner. This may include but is not limited to:
    1. Organising meter replacements or certification.
    2. Organising reader access.
    3. General issues with the retailer or network company.
26. You agree to assist Saveawatt as much as is reasonable in both meeting industry expectations and rules and providing you with the service you expect.

Energy Advice

27. Saveawatt may provide you with advice either as an express element of the service to you or as the result of another service element to you.
28. Saveawatt make all efforts to ensure that you are provided the best advice possible, however you agree that you will take all reasonable steps to ensure that the advice provided is appropriate and best fit for you.

Technical Assistance

29. In some cases, Saveawatt will be providing access to technical assistance as a part of the service package offered to you. This will only be offered if it expressly states in the agreement.
30. You agree that access to technical support, unless otherwise expressly stated in the agreement, shall be to a reasonable level at the discretion of Saveawatt.
31. You agree that you will advise Saveawatt of the technical assistance required as it arises.
32. Saveawatt may monitor for instances where we may be able to provide technical assistance to you.

Energy Agreement Management

33. As part of our service to you, Saveawatt may establish energy agreements for the supply of energy to you, where you authorise Saveawatt to do so either expressly in writing or where otherwise reasonably requested by you.
34. You authorise Saveawatt to take all reasonable steps to either give effect to any energy agreement approved by you or where necessary act in your best interests to uphold the continuity of energy supply and the spirit or nature of your energy arrangements.
35. Saveawatt will have exclusive right to manage your energy agreement for all the connections therein where:
    1. Saveawatt established that agreement or assisted in the establishment of that agreement and it was not expressly stated that the establishment of that agreement was transactional only.
    2. You have agreed to or requested that Saveawatt manage your energy agreement.
    3. It was implied by you that Saveawatt manage your energy agreement.
    4. Saveawatt have established an energy agreement pursuant to clause 34, where we were acting in your best interests.
    5. Any instance where Saveawatt is receiving and paying for invoices regarding your energy supply.
36. Unless otherwise expressly stated in your service agreement, you agree that where Saveawatt manages your energy agreement we have the exclusive right to provide you with at least the administration services detailed in clauses 20-24 of these terms and conditions and that those clauses will have effect.
37. You agree that while Saveawatt manage your energy agreements we will be the main point of contact for the following considerations with your energy supplier:
    1. Invoicing.
    2. Credit and payments.
    3. Contract management.
    4. Supply and issues.
    5. Metering.
    6. General issue.
    7. Access.
    8. Planned and unplanned outages.
38. Saveawatt will provide you with any documents, notes or information reasonably linked to your energy agreements.

Part Three – The Energy Agreement

39. The energy agreement is the agreement which details the terms of the supply of energy to you from your energy supplier.
40. You acknowledge that the energy agreement is distinct from the service agreement, however in no instance can an energy agreement exist without there being a service agreement in effect. Where there is no express service agreement, one is implied.
41. You agree that Saveawatt will be named as an authority on your energy agreement for as long as that energy agreement remains active, allowing Saveawatt to discuss matters regarding that agreement or supply and make changes, decisions or otherwise affect that agreement in accordance with the Saveawatt service agreement that we have with you.
42. You agree that all terms and obligations of the energy agreement shall be binding on you even where that agreement exists between the energy supplier and Saveawatt.
43. Saveawatt will hold a copy of your energy agreement and will make this available to you at your request.
44. Saveawatt provides energy management services and is not your energy supplier under any circumstances.
45. You agree that you are responsible for all direct and indirect costs of the energy supplied to you under the energy agreement.
46. You agree that Saveawatt are authorised to make changes to your energy agreement including discontinuing it or establishing a new one, to give effect to your instructions or to any service agreement in place.

Energy Supplied in Agency

47. Unless otherwise expressly stated, where Saveawatt establishes an energy agreement for you, that agreement shall be managed by Saveawatt acting as your agent [energy supplied in agency]. Where this is the case clauses 47–52 of these terms and conditions shall apply to the relevant connections specifically.
48. Where the energy agreement has been established by Saveawatt acting as your agent the agreement exists between you and the energy supplier as legally named parties.
49. You agree that Saveawatt are authorised to agree to the energy agreements as your agent and on your behalf where necessary to give effect to our energy services provided to you. You also agree that where necessary Saveawatt will sign the energy agreement on your behalf even though that agreement exists between you and the energy supplier.
50. You agree that Saveawatt have the authority to act on your behalf regarding all energy administration services detailed in clauses 20-24 and that Saveawatt shall remain your agent for as long as the energy agreement remains in place.
51. You agree that you are liable for all obligations under the energy agreements established in agency whether they have been agreed to and/or signed by you or Saveawatt.

Energy Supplied via Saveawatt

52. In some cases, there may be added benefit for you that Saveawatt is the named customer on the energy supply agreement with the energy supplier. In these instances, Saveawatt will be buying that energy from the energy supplier and supplying it to you. Where this is the case clauses 53–61 of these terms and conditions shall apply to those connections specifically.
53. You acknowledge that while your energy is “provided via Saveawatt” the Energy supplier is still the entity with which Saveawatt has engaged for the supply of energy to you. Our service agreement with you allows us to engage the energy supplier directly and sign the agreement between us and them for the supply of energy to you.
54. You agree that all terms and obligations of the energy agreement between the energy supplier and Saveawatt shall be binding on you as if the agreement was between you and the energy supplier.
55. Saveawatt will supply to you, and you agree to purchase from us, all energy required from the Point of Supply during the term and to pay all charges, fees and prices in accordance with this agreement. You will purchase all its energy consumption in respect of its specified locations, through Saveawatt, provided Saveawatt is able to source this energy through an energy supplier.
56. Prices for energy will be charged at the rates as supplied in the energy agreements or detailed in the energy services agreement or any annexes thereto. Unless otherwise expressly stated GST is not included in these figures. Prices are subject to any changes in the ETS scheme. Any changes in network or regulatory costs shall be passed through to you at cost.
57. If Saveawatt have made a mistake in the determination of your rates, we are entitled to present new rates to you. If you do not accept these new rates, Saveawatt reserve the right to terminate the agreement with you and the agreement with your energy supplier.
58. You will purchase all your energy requirements for the Point of Supply from Saveawatt during the Term.
59. Saveawatt shall allow you consumption of energy at the Point of Supply, subject to the terms of this Agreement.
60. Title and risk in all energy Saveawatt enables to reach the Point of Supply for your consumption, shall pass to you at the point when such energy reaches the Point of Supply.
61. You will provide to Saveawatt such information as Saveawatt reasonably requests in relation to your likely future requirements for the supply of energy.

General Conditions of Your Energy Agreement

62. Clauses 62–87 apply to your energy agreement whether in agency or supplied via Saveawatt.
63. Where any clauses between 62–87 conflict with the terms of the agreement for supply to you held with the energy supplier by either you or us, the terms of that agreement shall take precedence and specifically the conflicting terms of this agreement shall not apply.
64. If you terminate your energy agreement early or in any way incur costs by terminating your energy agreement, you agree that you are liable for all the costs incurred from the energy supplier or any other body that are incurred due to that termination.

Metering

65. Saveawatt will obtain the metering data from the energy supplier as frequently as possible. If, for whatever reason, Saveawatt is unable to gain access to the actual reading, Saveawatt will be entitled to estimate your consumption (and, if applicable, demand) during the relevant period based on historical information and having regard to your consumption profile.
66. In the event that it is not possible to obtain details of the quantities of energy consumed by you due to a failure or inaccuracy in the Metering Equipment, the quantity of energy purchased shall be deemed to be the quantity measured or determined in accordance with the relevant industry rules or, if not so determinable, shall be Saveawatt’s reasonable estimate of your consumption (and, if applicable, demand) during the relevant period based on historical information and having regard to your consumption profile.
67. All Metering Equipment are required to comply with certain industry rules in place from time to time. You shall cooperate with Saveawatt to test the meters and clocks of the Metering Equipment in the manner and timeframe prescribed by such rules.
68. Any test performed shall be carried out as prescribed by the relevant industry rules. Any Metering Equipment found to be inaccurate shall be promptly adjusted, repaired, or replaced as necessary.
69. You acknowledge and agree that only persons authorised for such purpose by any Network Service Provider may connect, disconnect, unseal, or undertake any activity in relation to any Metering Equipment or any Network.
70. You have responsibility to repair and maintain your power lines or cable (including poles and fittings on its premises and those on adjoining private property over which you have the right to place them) from the Point of Supply to the point where such energy is consumed

Access

71. You will provide Saveawatt, the energy supplier, or any entity that Saveawatt reasonably nominates, safe and unobstructed access to Metering Equipment on its premises during normal working hours (8.00am to 5.00pm) on each Business Day and will provide immediate access to your premises at any time for safety or other emergency reasons.
72. You will provide a safe, secure, and accessible location for the Metering Equipment and any other equipment located at your premises, including reasonable protection against interference and damage. You will be responsible for any damage caused to this equipment by negligence or willful act or omission or through failure to provide such protection.

Quality of Supply

73. The energy supplier is obliged under its agreement with Saveawatt or you, to use all reasonable efforts to provide a reliable and high quality of service. Notwithstanding the foregoing, you acknowledge that the conveyance of energy to the Point of Supply may be interrupted or reduced:
    1. In accordance with the terms and conditions of any Network Contract.
    2. In accordance with the terms and conditions of any agreement between Saveawatt and the Provider.
    3. In accordance with the terms and conditions of any agreement between Saveawatt and the Network Service Provider.

Force Majeure

74. If either party is unable to carry out any of its obligations under this agreement because of Force Majeure, this agreement will remain in effect but except as otherwise provided, that party’s obligations will be suspended without liability for a period equal to the period of the Force Majeure, and:
    1. The non-performing party will give the other party prompt notice describing the event or circumstance claimed to be Force Majeure, including the nature of the occurrence and its expected duration and, where reasonably practicable, continue to furnish regular reports with respect thereto during the period of Force Majeure.
    2. The suspension of obligations will be of no greater scope and of no longer duration than is required by the Force Majeure.
    3. No obligations of either party which accrued before the notice referred to in (a) is given will be suspended because of the non-performing party will use all reasonable efforts to remedy as quickly as possible its inability to perform its obligations.
75. If, notwithstanding its efforts under this clause, the non-performing party is unable to carry out all its obligations under this agreement within one month of the notice given under clause 74(a) (suspension of obligations) the other party may, by not less than 10 Business Days’ prior written notice to that non-performing party, terminate this Agreement.

Notices

76. Any notice, demand, consent, agreement, certificate, or other communication required or permitted to be given or sent under this agreement will unless expressly provided otherwise be in writing and will be delivered personally or by pre-paid post, by courier delivery, or by facsimile
77. The required address and facsimile number for a party for the purposes of this section are set out in this Agreement provided that either party may alter its address and/or facsimile number for the purposes of this section by notice in writing to the other party.
78. Subject to this section a notice or other form of communication will be deemed to have been served as follows:
    1. If given or delivered personally or by courier delivery, at the time when given or delivered.
    2. If sent by pre-paid post, at the expiration of 48 hours after the document was delivered into the custody of the postal if sent by facsimile, immediately (subject to this section, if the sending machine confirms transmission is successful).
79. A notice or other form of communication which, but for the provisions of this clause, would be deemed to be received after 5pm on a Business Day or on a day which is not a Business Day, will be deemed to be received at 8.30am on the following Business Day.

Supply Generally

80. You agree that you are liable for all the terms set out by the energy supplier regarding the supply of energy to you.
81. You are bound by all the terms and conditions of the agreement with the energy supplier whether, of your own accord, if Saveawatt is your agent or if Saveawatt is named as the client in pursuance to this agreement.
82. If you do not pay us for your invoice(s) for energy supplied to you, Saveawatt and/or the energy supplier are entitled to discontinue supply of energy to you until the debt is paid up to date. If your supply is discontinued this does not prevent Saveawatt or the energy supplier from continuing through ordinary debt collections processes as well.
83. You are liable for all costs associated with your energy agreement.
84. Saveawatt accept no responsibility for any costs of your energy supply unless it can be shown that Saveawatt have acted negligently.
85. Saveawatt will pass through any energy costs from your energy supplier to you. You agree that Saveawatt, may alter your energy rate where:
    1. Charges from the main energy network of your region change.
    2. Charges from your energy supplier change.
    3. The cost of supplying you with energy changes.
86. Any offer that we provide you for fixing or securing rates is applicable at the time offered with the information and calculations at the time offered. Any changes to any information or details relied on for the offer of services that is either outside the control of Saveawatt or not within the scope of the intended agreement will not be the liability of Saveawatt. You will be required to pay for the services as at the time of the agreement.
87. Saveawatt do not warrant the quality of your energy supply

Part Four – General Terms and Conditions

88. Any agreement for the provision of services shall commence and be binding at the earlier time of either signing an agreement for the service or giving sufficient indication that could otherwise be construed as the acceptance of agreement for the services.
89. Saveawatt will promptly supply to you copies of any notices which Saveawatt may receive from the network service provider, the energy supplier or the operator of any other energy distribution network relating to the interruption of supply, disconnection or access affecting the supply of energy to the Point of Supply.
90. You accept the terms and conditions in this document if you tell us to supply you with goods and services or if you accept our goods and services, or if you do both.
91. If you have entered into an agreement with us together with one or more other clients, you are liable, both as a group and as individuals, for paying us the full price.
92. An invoice price includes only the goods or services written on the invoice. That is the case even if we implied other goods or services would be included too.

Your Details

93. You must write to tell us if you plan to sell your business, change business name or change what your business does. You must write to tell us if you change details like your:
    1. Physical address.
    2. Postal address.
    3. Email address.
    4. Fax number.
94. You must write to us at least 14 days before the change happens. If you don’t write to us, you are liable for any loss we must pay.

Term of Agreement

95. The term of any agreement shall be detailed on either the service agreement or the energy agreement.

Price and Payment

96. We will determine both the Saveawatt fee and the energy rates. These are:
    1. Indicated on the invoices you receive from us.
    2. The price we quoted, and you accepted in writing.
    3. Identifiable on the agreement for service.
97. We reserve the right to change the price if there is a variation to the quote.
98. You may need to pay a deposit. In that instance, you will be notified prior to the acceptance of the agreement. We consider that we have delivered invoices and other communications once we have sent them to your nominated address, whether physical, postal, or electronic.
99. You can pay by direct credit, direct debit or by any other method we agree with you. For credit card payments, we charge an additional 3% of the total amount of the payment you are making. We consider payment to be received when your payment has been honoured, cleared, or recognised. We retain ownership of or rights for the goods and services until you pay us.
100. Unless otherwise mentioned in the agreement all invoices will be payable within 10 days of being issued.
101. If you pay your invoice before the due date stated on the invoice you are eligible to pay the amount less the Prompt Payment Discount. If you pay after the due date, you are liable to pay the full amount without the application of the prompt payment discount.
102. Unless expressly stated in the agreement or document all figures assume that you have achieved and considered any Prompt Payment Discounts or benefits.
103. Unless expressly stated on the agreement or document all figures exclude GST.
104. You, the undersigned, agree to personally guarantee your obligations under this agreement both jointly and severally with the entity and any other parties to this agreement.

Personal Property Securities Act 1999

105. We may request you, and you agree to, sign documents and provide information that we need to register a financing statement or financing change statement on the Personal Property Securities Register. The information you provide must be complete, accurate, and up to date.
106. You waive your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the Personal Property Securities Act 1999.

If You Miss a Payment

107. You agree to pay whatever it costs us to chase you up if you don’t pay our invoice when it’s due, such as collection costs and legal costs. In addition, any discounts we or our energy supplier offered you based on payment being received by a certain date on the invoice will become invalid.
108. Any invoices charged to you by Saveawatt will begin incurring a 5% penalty fee for each month or part month that payment is in arrears beginning the day after the due date of the invoice.
109. We can cancel any of your orders that we haven’t yet fulfilled, and any money you owe us will become due immediately if:
     1. Your invoice becomes more than 60 days overdue.
     2. You become insolvent, organise a meeting with your creditors, propose or enter into an arrangement with your creditors, or make an assignment for the benefit of your creditors.
     3. A receiver, manager, liquidator, or similar person is appointed to you or any asset of yours.
110. If your energy remains unpaid for greater than 60 days and you have received notice from us, we can cancel your energy supply agreement and/or organise the discontinuation of energy supply to you [de-energisation].
111. Insurance for goods or data is your responsibility. Our contracts do not include insurance cover for your goods or data. Unless insurance is specifically quoted as a separate service and stated in your account, then we are not responsible for any loss, theft, burglary, or damage of goods. We are not liable for loss or damage because of any defect in materials or labour in any goods or services we supply.

Equipment

112. In some cases, we may provide you with equipment as part of the services provided. Unless expressly stated in the agreement the equipment is the property of Saveawatt.
113. Unless expressly stated in the agreement any equipment we provide you is for analytical or administrative purposes only. They are not replacements for your current equipment, and we do not guarantee the accuracy of the equipment.
114. Ensuring the safe keeping of any equipment that you have, that is owned by Saveawatt, is your responsibility. You are liable for any loss or damage caused to any equipment while it is in your possession or control. If the equipment is lost or damaged, you will be required to have it repaired or replaced.
115. Saveawatt can assist with the setup, installation and connection of equipment provided to you by Saveawatt

Dispute Resolution

116. Where any question, dispute or difference arises concerning the administration or interpretation of any provision of this agreement (not including a dispute concerning the charges, the calculation of sums payable by you or Saveawatt’s pricing methodology), the party initiating the question, dispute or difference will provide notice of the same to the other party.
117. On receipt of a notice under clause 116, both parties will discuss and consult with each other in good faith with a view to resolving the matter in dispute.
118. If the parties are unable to resolve the question, dispute, or difference by discussion within 20 Business Days of a notice under clause 116, either party may, by written notice to the other party, require the matter to be determined by the arbitration of a single arbitrator, including the Electricity and Gas Complaints Commission.
119. Pending resolution of any question, dispute or difference, the parties will continue to perform their respective obligations pursuant to the provisions of this agreement.

Warranty

120. If you buy goods that are not manufactured by us, the only valid warranty is the one provided by the manufacturer of the goods.

When the Consumer Guarantees Act 1993 Does Not Apply

121. The Consumer Guarantees Act 1993 does not apply to anything we supply to you if you are acquiring our goods and services for your trade or business.

Your Privacy

122. You have read and agree to the Saveawatt Privacy Policy that can be found on our website. In addition:
     1. You are responsible for ensuring that any information you provide to us is accurate, lawful, and provided with all necessary consents from your staff, directors, contractors, or related parties.
     2. Saveawatt may collect, store, use, and disclose information relating to your energy supply, invoices, accounts, and connections for the purposes of providing services under this agreement.
     3. Saveawatt may share such information with energy suppliers, subcontractors, consultants, or agents where reasonably necessary to provide services, provided those parties are subject to confidentiality obligations no less strict than those in this agreement.
     4. Saveawatt will take all reasonable steps to comply with the Privacy Act 2020 in respect of any personal or business information we hold about you.

Other Terms

123. If any provision of these terms and conditions are deemed invalid, void, illegal or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
124. If these terms and conditions conflict with any other terms or conditions, these terms and conditions will take precedence.
125. If we breach this contract, your claim to damages must not exceed the price of the goods and services we provide
126. You may not set off against or deduct from our invoice any amount we owe to you, or you claim we owe to you.
127. We may license or sub-contract all or a part of our rights and obligations without your consent.
128. We may review the terms and conditions of this contract at any time. Following a review, if we decide to change these terms and conditions, then that change will take effect from the date we tell you about the change.
129. Neither of us is liable if we can’t fulfil our obligations to each other due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm, or other event that is beyond the reasonable control of either of us.
130. If we do not enforce a provision in these terms and conditions, do not assume that we have waived the provision. We retain the right to enforce provisions later.
131. Both parties shall hold as strictly confidential and shall not disclose in any way to any third party (other than an associated company) all knowledge, information, and data now or in the future possessed by either party in relation to the supply of energy and other services under this Agreement without the prior written consent of the other party. Despite the foregoing provision, Saveawatt may disclose to any other Saveawatt supplier, subcontractor, consultant, or agent information in relation to you for the sole purpose of enabling the supply of such services to you, through Saveawatt.
132. Notwithstanding clause 131, either party may disclose any information referred to in that clause:
     1. In the case of Saveawatt or you, if required to under the relevant industry rules or the Privacy Act 2020.
     2. If such information was already in the public domain otherwise than due to a breach by that party of this Agreement.
     3. To a consultant, agent, subcontractor, or energy supplier of that party provided that consultant, agent, subcontractor, or supplier is under a similar duty of confidentiality.
     4. In any mediation, arbitration, litigation, or other legal proceedings of any kind arising out of or in connection with this Agreement.
     5. Saveawatt is not liable for any unauthorised access to, or use of, your information that arises from circumstances outside Saveawatt’s reasonable control, including actions of third-party suppliers, networks, or subcontractors.