Terms of Service

These Terms of Service ('Terms') govern the relationship between Sonergy Pty Ltd (ABN [insert ABN]) ('Sonergy', 'we', 'us', or 'our'), a company registered in Victoria, Australia, and any individual or entity ('Client', 'you', or 'your') who accesses our website at www.sonergy.com.au or engages Sonergy for the supply or installation of energy products and services.

By accessing our website, submitting an enquiry, signing a proposal, or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or engage our services.

These Terms are to be read in conjunction with any written proposal, quote, or project agreement issued by Sonergy, which together form the entire agreement between the parties.

Sonergy provides energy solutions to residential and commercial clients in Victoria and across Australia. Our services include, but are not limited to:

2.1 Residential Services

• Supply and installation of air conditioning systems under the Victorian Energy Upgrades (VEU) scheme
• Design and installation of residential solar power systems
• Supply and installation of battery storage systems
• Installation of electric vehicle (EV) chargers

2.2 Commercial Services

• Design, engineering, procurement, and installation (EPC) of commercial solar power systems
• Delivery of no-capital-expenditure solar solutions via Power Purchase Agreements (PPA) with accredited finance partners
• Commercial solar financing through Operating Lease, Rent to Own, and Cash Purchase arrangements
• Installation of commercial EV charging infrastructure

Specific scope, inclusions, pricing, and conditions applicable to any individual project will be set out in a written proposal or project agreement provided to the Client prior to engagement.

All quotes and proposals issued by Sonergy are valid for the period stated on the document. If no period is stated, quotes are valid for 30 days from the date of issue.

A binding agreement is formed when the Client provides written acceptance of a Sonergy proposal (including by email or signed documentation). Verbal acceptance alone does not constitute a binding agreement.

Sonergy reserves the right to withdraw or revise a quote prior to acceptance. Changes to project scope requested after acceptance may result in a revised quote and timeline.

Where services are delivered wholly or in part under the Victorian Energy Upgrades scheme, the following conditions apply:

• The Client must be the owner or authorised occupant of the property at which the upgrade is to be installed
• The Client must meet all eligibility requirements as prescribed by the Essential Services Commission (ESC) and the VEU program rules
• The Client agrees to provide accurate information regarding the property and existing installations to enable proper assessment of eligibility
• Sonergy will act as an authorised agent or work with an accredited Victorian Energy Efficiency Certificate (VEEC) agent to process applicable rebates and incentives
• The value of any VEU incentive or rebate will be reflected in the final price quoted to the Client as a discount, unless otherwise specified in writing

Sonergy does not guarantee that any particular product or installation will generate a specific number of VEECs or attract a specific rebate value. Certificate values and program conditions are subject to change by the ESC.

5.1 Standard Payment

Unless otherwise agreed in writing, payment terms are as set out in the relevant proposal or invoice. Standard terms are:

• Deposit: as specified in the project proposal, payable upon acceptance
• Progress payments: as milestones are reached (where applicable)
• Final payment: due on practical completion of the installation

All amounts are in Australian Dollars (AUD) and inclusive of GST unless stated otherwise.

5.2 Funded Arrangements (PPA, Operating Lease, Rent to Own)

Where the Client has entered into a funding arrangement with a third-party finance provider (such as a PPA provider, leasing company, or rent-to-own financier), payment obligations to that provider are governed by the separate agreement between the Client and the finance provider. Sonergy is not a party to that agreement and accepts no liability for its terms.

5.3 Overdue Accounts

Invoices not paid by the due date may attract interest at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic), calculated daily on the outstanding amount. Sonergy reserves the right to suspend or cease work on any project where payment obligations are not met.

The Client is responsible for ensuring that the installation site is accessible, safe, and in a condition suitable for the proposed works. This includes:

• Providing safe and unobstructed access to relevant areas of the property
• Disclosing any known structural, electrical, or site deficiencies that may affect installation
• Obtaining any body corporate or strata approval required prior to installation (where applicable)
• Ensuring that any third-party consents (e.g. landlord approval for tenanted properties) are obtained prior to commencement

If site conditions are discovered during installation that materially differ from those represented or reasonably anticipated, Sonergy reserves the right to suspend works and issue a revised scope and pricing for the Client's consideration.

All installations are performed by qualified and licensed tradespeople in accordance with applicable Australian Standards, the National Construction Code, and relevant Victorian electrical and building regulations.

For solar systems connected to the electricity grid, grid connection approval is subject to the requirements of the relevant Distribution Network Service Provider (DNSP). Sonergy will assist with the submission of connection applications on the Client's behalf where included in the agreed scope.

Sonergy does not guarantee connection approval or the timeframes associated with DNSP assessments. Any costs imposed by the DNSP in connection with grid upgrades or connection requirements that were not foreseeable at the time of quoting will be advised to the Client prior to proceeding.

The Client is responsible for ensuring that any relevant building or electrical permits are obtained where required. Sonergy will advise on applicable permit requirements as part of the project scoping process.

8.1 Workmanship Warranty

Sonergy warrants that all installation works will be carried out in a professional and workmanlike manner in accordance with applicable Australian Standards and manufacturer specifications. Any defects in workmanship notified to Sonergy within 12 months of practical completion will be remedied at no cost to the Client, provided the defect is not caused by misuse, modification, or external damage.

8.2 Product and Manufacturer Warranties

Products supplied by Sonergy (including solar panels, inverters, batteries, and air conditioning systems) are subject to the manufacturer's warranty terms. Sonergy will assist the Client in lodging manufacturer warranty claims where required, but Sonergy is not responsible for the outcome or fulfilment of those claims.

8.3 Australian Consumer Law

Nothing in these Terms limits, excludes, or modifies any right or remedy the Client may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including any consumer guarantee that cannot lawfully be excluded. To the extent that the Australian Consumer Law applies, Sonergy's liability for a failure to comply with a consumer guarantee is limited (at Sonergy's election) to re-supply of the relevant services or payment of the cost of re-supply.

To the maximum extent permitted by applicable law (including the Australian Consumer Law), Sonergy's total liability to the Client arising out of or in connection with these Terms or any project agreement — whether in contract, tort (including negligence), statute, or otherwise — is limited to the total amount paid by the Client to Sonergy under the relevant project agreement.

Sonergy is not liable for any:

• Loss of profit, revenue, or anticipated savings
• Loss of data or business interruption
• Indirect, consequential, special, or punitive loss or damage
• Losses arising from factors outside Sonergy's reasonable control (see Clause 12)

These limitations do not apply where loss or damage is caused by Sonergy's fraud, gross negligence, or wilful misconduct.

All intellectual property rights in materials produced by Sonergy in connection with the provision of services — including system designs, drawings, reports, and proposals — remain the property of Sonergy unless otherwise agreed in writing.

Sonergy grants the Client a non-exclusive, non-transferable licence to use such materials solely for the purpose of operating and maintaining the installed system at the relevant property.

11.1 Cancellation by the Client

The Client may cancel an accepted proposal prior to commencement of installation works by providing written notice to Sonergy. Where works have already commenced, the Client will be liable for costs incurred by Sonergy up to the date of cancellation, including materials procured and labour performed.

11.2 Cancellation under Australian Consumer Law

If you are a consumer under the Australian Consumer Law and you have entered into an unsolicited consumer agreement (as defined in the ACL), you may have a right to cancel that agreement within the relevant cooling-off period. Sonergy will comply with all obligations under the ACL in connection with any such agreement.

11.3 Termination by Sonergy

Sonergy may terminate a project agreement immediately upon written notice if the Client:

• Fails to pay an undisputed invoice within 14 days of the due date
• Becomes insolvent, enters administration, or is wound up
• Materially breaches these Terms and fails to remedy the breach within 14 days of written notice

Sonergy will not be liable for any delay or failure to perform its obligations to the extent that such delay or failure is caused by circumstances beyond Sonergy's reasonable control, including but not limited to natural disasters, severe weather events, supply chain disruptions, strikes, government-imposed restrictions, network outages, or actions of third parties including DNSPs.

Sonergy will notify the Client as soon as reasonably practicable of any force majeure event and its expected impact on the project timeline.

Sonergy collects and handles personal information in accordance with our Privacy Policy, available at www.sonergy.com.au and incorporated into these Terms by reference. By engaging Sonergy, you consent to the collection and use of your personal information as described in that policy.

In the event of a dispute arising in connection with these Terms or any project agreement, the parties agree to:

• Notify the other party in writing of the nature of the dispute
• Engage in good faith negotiations to resolve the dispute within 20 business days of that notice
• If the dispute is not resolved through negotiation, refer the matter to mediation facilitated by an agreed mediator or, failing agreement, a mediator appointed by the Resolution Institute (Australia)

Nothing in this clause prevents either party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction.

These Terms are governed by the laws of the State of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia in connection with any dispute arising under or in relation to these Terms.

16.1 Entire Agreement

These Terms, together with any written proposal, quote, or project agreement, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior representations, negotiations, and understandings.

16.2 Amendments

Sonergy may update these Terms from time to time. The current version will be published at www.sonergy.com.au. Continued use of our website or services following any update constitutes acceptance of the revised Terms.

16.3 Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal, that provision will be severed and the remaining provisions will continue in full force and effect.

16.4 Waiver

Failure or delay by Sonergy to exercise any right under these Terms does not constitute a waiver of that right. Any waiver must be given in writing and signed by an authorised representative of Sonergy.

16.5 Assignment

The Client may not assign or transfer any right or obligation under these Terms without Sonergy's prior written consent. Sonergy may assign its rights and obligations under these Terms to a related body corporate or to a purchaser of its business without the Client's consent.

For questions, concerns, or formal notices relating to these Terms, please contact: