Here are our terms and conditions. Country Specific Terms in Appendix B shall also apply to this Agreement.
The Solarmarkit terms & conditions (updated July 2021) outline Solarmarkit’s and Your obligations and responsibilities on the Solarmarkit Platform. In this update to our Terms and Conditions, Solarmarkit has updated information as a result of its new Search Assist feature and added new Country Specific Terms for Ireland.
User Agreement: www.solarmarkit.com
Solarmarkit operates an online platform allowing Users to connect through the Solarmarkit Platform with other Users who provide Solar Services.
Please read these terms and all Policies including the Community Guidelines carefully before using the Solarmarkit Platform. These Policies are incorporated into this Agreement by reference.
All defined terms in this Agreement have the meaning given to them in the Solarmarkit Glossary.
1. SCOPE OF SOLARMARKIT SERVICES
- 1.1 Solarmarkit provides the Solarmarkit Platform to enable Homeowners to publish Posted Jobs.
- 1.2 Service Providers may make an Offer in response to a Posted Job. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
- 1.3 A Homeowner may revoke or modify a Posted Job at any time before he/she accepts an Offer. Solarmarkit reserves the right to cancel all Offers on a Posted Job made prior to the modification.
- 1.4 If a Homeowner accepts an Offer on the Solarmarkit Platform, a Job Contract is created between the Service Provider and the Homeowner.
- 1.5 Upon creation of a Job Contract, the Homeowner must pay the Agreed Offer into the Payment Account.
- 1.6 Upon creation of the Job Contract, Solarmarkit has rendered Solarmarkit Services.
- 1.7 Once the Job Contract is created, the Service Provider and Homeowner may vary the Job Contract on the Solarmarkit Platform. The Homeowner and Service Provider are encouraged to use Solarmarkit’s private messaging system to amend or vary the Job Contract (including the Agreed Offer) or to otherwise communicate.
- 1.8 Once the Services are complete, the Service Provider must provide notice of that on the Solarmarkit Platform.
- 1.9 Once the Services are complete, the Homeowner must provide notice of that on the Solarmarkit Platform.
- 1.10 Once the Posted Job has been completed and the Homeowner confirms the Services are completed, or if Solarmarkit is satisfied the Services have been completed, the Service Provider Funds will be released by Solarmarkit from the Payment Account to the Service Provider. However this process does not apply to the payment of Recurring Services which is addressed in clause 1.13 below.
- 1.11 After the Job Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Solarmarkit Platform.
- 1.12 Solarmarkit may also provide a Search Assist feature enabling Homeowners to submit an Offer for Services.
- 1.13 For Recurring Services and subject to clause 1.14, once the Occurrence has been completed and the Service Provider confirms the Occurrence is completed (or if Solarmarkit is satisfied the Occurrence is completed) then the Service Provider Funds for that Occurrence will automatically be released by Solarmarkit from the Payment Account to the Service Provider.
- 1.14 The Homeowner may elect to pause automatic payment of Service Provider Funds for an Occurrence within 24 hours from when the Service Provider confirms the Occurrence is completed. If the Homeowner pauses such automatic payment in accordance with this clause, then the Service Provider Funds will not be released by Solarmarkit from the Payment Account to the Service Provider until the Homeowner also confirms that the Occurrence is completed.
2. SOLARMARKIT’S ROLE AND OBLIGATIONS
- 2.1 Solarmarkit provides the Solarmarkit Platform only, enabling Users to publish Posted Jobs, make Offers on Posted Jobs or Create a Listing and make Purchase that Listing.
- 2.2 Solarmarkit only permits individuals over 18 years of age to become Users.
- 2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
- 2.4 At its absolute discretion, Solarmarkit may refuse to allow any person to register or create an account with Solarmarkit or cancel or suspend or modify any existing account including if Solarmarkit reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of the Solarmarkit Platform.
- 2.5 Registering and creating an account with Solarmarkit is free. There is no charge for a Homeowner to post Jobs, or for other Solarmarkit Users to review content on the Solarmarkit Platform, including Posted Jobs. There is no charge for a Service Provider to place offer on Jobs. The Service Provider may avail different Plans at a cost which suits their business needs.
- 2.6 Solarmarkit accepts no liability for any aspect of the Homeowner and Service Provider interaction, including but not limited to the description, performance or delivery of Services.
- 2.7 Solarmarkit has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Service Providers to perform Jobs or supply equipment, or the honesty or accuracy of any information provided by Homeowners or the Homeowners’ ability to pay for the Services requested.
- 2.8 Except for liability in relation to any Non-excludable Condition, the Solarmarkit Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- 2.9 Solarmarkit has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
3. USER OBLIGATIONS
- 3.1 You will at all times:
- (a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
- (b) only post accurate information on the Solarmarkit Platform;
- (c) ensure that You are aware of any laws that apply to You as a Homeowner or Service Provider, or in relation to using the Solarmarkit Platform.
- 3.2 You agree that any content (whether provided by Solarmarkit, a User or a third party) on the Solarmarkit Platform may not be used on third party sites or for other business purposes without Solarmarkit’s prior permission.
- 3.3 You must not use the Solarmarkit Platform for any illegal or immoral purpose.
- 3.4 You must maintain control of Your Solarmarkit account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
- 3.5 You grant Solarmarkit an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Solarmarkit Platform for the purpose of publishing material on the Solarmarkit Platform and as otherwise may be required to provide the Solarmarkit Service, for the general promotion of the Solarmarkit Service, and as permitted by this Agreement.
- 3.6 You agree that any information posted on the Solarmarkit Platform must not, in any way whatsoever, be potentially or actually harmful to Solarmarkit or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Solarmarkit.
- 3.7 Without limiting any provision of this Agreement, any information You supply to Solarmarkit or publish in a Posted Job (including as part of an Offer) must be up to date and kept up to date and must not:
*(a) be false, inaccurate or misleading or deceptive;
*(b) be fraudulent or involve the sale of counterfeit or stolen items;
*(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
*(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
*(e) be defamatory, libellous, threatening or harassing;
*(f) be obscene or contain any material that, in Solarmarkit’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
*(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Solarmarkit Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
- 3.8 Solarmarkit Platform may from time to time engage location-based or map-based functionality. The Solarmarkit Platform may display the location of Homeowners and Service Providers to persons browsing the Solarmarkit Platform. A Homeowner should never disclose personal details such as the Homeowner’s full name, street number, phone number or email address in a Posted Job or in any other public communication on the Solarmarkit Platform.
- 3.9 If You are a Service Provider, You must have the right to provide Services under a Job Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Service Provider Funds) received under a Job Contract.
- 3.10 You must not, when supplying Services, charge a Homeowner any fees on top of the Service Provider Funds. However, the parties to a Job Contract may agree to amend the Agreed Offer through the Solarmarkit Platform.
- 3.11 You must not request payments outside of the Solarmarkit Platform from the Homeowner for the Services except to the extent permitted by clause 3.12 and only if the Solarmarkit Platform does not facilitate the reimbursement via the Payment Account of costs considered in clause 3.12.
- 3.12 If a Service Provider agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Service Provider is solely responsible for obtaining any reimbursement from the Homeowner. Solarmarkit advises Service Providers not to agree to incur costs in advance of receiving the payment for these costs, unless the Service Provider is confident the Homeowner will reimburse the costs promptly.
- 3.13 For the proper operation of the Solarmarkit Platform (including insurance, proper pricing and compliance with Policies), the Service Provider must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Job Contract, then that third party must also be a registered User of the Solarmarkit Platform.
- 3.14 If Solarmarkit determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more Job Contracts, it reserves the rights to remove any content, Posted Job, Listing or Offer You have submitted to the Solarmarkit Service or cancel or suspend Your account and/or any Job Contracts.
- 4.1 Upon the creation of a Job Offer, the Service Provider owes Solarmarkit the selective portion of the Plan fee they have chosen. Solarmarkit does not incur a Service Fee from the Homeowner or Service Provider.
- 4.2 If the Posted Job requires a Service Provider to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
- 4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User’s separate agreement with that Third Party Service provider.
- 4.4 All Fees and charges payable to Solarmarkit are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
- 4.5 If Solarmarkit introduces a new service on the Solarmarkit Platform, the Fees applying to that service will be payable as from the launch of the service.
- 4.6 Solarmarkit may set-off any Fees against any Service Provider Funds or other amounts held by Solarmarkit on behalf of a User.
- 4.7 Solarmarkit may restrict a User’s account until all Fees have been paid.
5. PAYMENTS AND REFUNDS
- 5.1 If the Job Contract is cancelled for any reason (by a Homeowner, a Service Provider or under this Agreement) prior to the commencement of the Job Contract, then if Solarmarkit is reasonably satisfied that the Agreed Offer should be returned to the Homeowner then the Agreed Offer will be refunded to the Homeowner as Stored Value and a Cancellation Admin Fee will be due to Solarmarkit by the User who the cancellation of the Job Contract is attributable to under clause 5.5 or 5.6.
- 5.2 Solarmarkit may decide in its absolute discretion to refund the Agreed Offer back onto the Homeowner’s credit card instead of Stored Value or waive the Cancellation Admin Fee.
- 5.3 Any amount returned by Solarmarkit to a Homeowner on behalf of a Service Provider under clause 5.1 will be a debt owed by the Service Provider to Solarmarkit and may be offset by Solarmarkit against any other payments owed at any time to the Service Provider.
- 5.4 Any outstanding Cancellation Admin Fee owed by a User under clause 5.1 will be a debt owed by that User to Solarmarkit and may also be offset by Solarmarkit against any other payments owed at any time to the User.
- 5.5 Cancellation of a Job Contract will be attributable to the Service Provider where:
- (a) the Homeowner and the Service Provider mutually agree to cancel the Job Contract; or
- (b) following reasonable but unsuccessful attempts by a Homeowner to contact a Service Provider to perform the Job Contract, the Job Contract is cancelled by the Homeowner; or
- (c) the Service Provider cancels the Job Contract; or
- (d) a Job Contract is cancelled in accordance with clause 3.14 as a result of the Service Provider’s actions or breach.
- 5.6 A Cancellation of a Job Contract will be attributable to a Homeowner where:
- (a) the Homeowner cancels the Job Contract (other than in accordance with clause 5.5(b); or
- (b) a Job Contract is cancelled in accordance with clause 3.14 as a result of the Homeowner’s actions or breach.
- 5.7 If the parties agree to any additional cancellation fee payable under the Job Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
- 5.8 Solarmarkit may take up to 7 days to return the Agreed Offer (less the Cancellation Admin Fee, if applicable) to the Homeowner.
- 5.9 If, for any reason, the Service Provider Funds cannot be transferred or otherwise made to the Service Provider or returned to the Homeowner (as the case may be) or no claim is otherwise made for the Service Provider Funds, the Service Provider Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Homeowner initially paid the Agreed Offer into the Payment Account.
- 5.10 Following the 3 months referred to in clause 5.9, and provided there is still no dispute in respect of the Service Provider Funds, the Service Provider Funds will be credited to the Homeowner as Stored Value.
- 5.11 If the Job Contract is cancelled and a User who is party to the Job Contract can show that work under a Job Contract was commenced, then the amount of the Agreed Offer to be returned to the Homeowner will be conditional upon the mediation and dispute process in clause 18. However, the Cancellation Admin Fee will always be due in accordance with clause 5.1.
6. STORED VALUE (INCLUDES SOLARTOKENS)
- 6.1 Stored Value :
- (a) can be used by the credited User to pay for any new Services via the Solarmarkit Platform;
- (b) are not refundable or redeemable for cash;
- (c) cannot be replaced, exchanged or reloaded or transferred to another card or account;
- (d) are valid for 12 months from the date on which that particular Stored Value is applied to a User’s account, the date of issue or purchase or any expiry date applied by Solarmarkit (conditional upon any contrary specific jurisdictional legislative requirements);
- (e) if the Stored Value is acquired other than under this Agreement, it may also be conditional on compliance with additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on when the Stored Value is redeemable (for example only for a User’s first Job Contract), specify a minimum Services value, or specify a maximum credit or discount value; and
- (f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Solarmarkit’s prior written permission.
- 6.2 The User credited with a Stored Value is solely responsible for the security of any Stored Value. Save for the Non-Excludable Conditions, Solarmarkit will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.
- 6.3 Solarmarkit will not accept, and may refuse or cancel, any Stored Value, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Solarmarkit reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.
- 6.4 Solarmarkit is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by Solarmarkit.
7. BUSINESS PARTNERS
- 7.1 Solarmarkit may enter into agreements with Business Partners and may seek to engage Service Providers in the provision of Business Services. Service Providers who agree to perform Business Services for Business Partners acknowledge and agree that Solarmarkit and the Business Partner may on-sell Services supplied to third parties for an increased fee.
- 7.2 Business Partners may require Service Providers providing Business Services to be approved or hold particular qualifications. Solarmarkit may assist Business Partners to locate suitably qualified Service Providers. Solarmarkit makes no warranty that it will promote any or all suitably qualified Service Providers to Business Partners.
- 7.3 Business Partners may require Service Providers to enter into a Business Partner Contract before providing Business Services.
- 7.4 Where a Service Provider accepts a Posted Job with a Business Partner:
- (a) the Service Provider must provide Business Services to the Business Partner in accordance with the Job Contract and any applicable Business Partner Contract; and
- (b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.
8. PAYMENT FACILITY
- 8.1 Solarmarkit uses a Payment Provider to operate the Payment Account.
- 8.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/au/ssa are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
- 8.3 If Solarmarkit changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
9. THIRD PARTY SERVICES
- 9.1 Solarmarkit may from time to time include Third Party Services on the Solarmarkit Platform. These Third Party Services are not provided by Solarmarkit.
- 9.2 Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the Solarmarkit Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
- 9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
- 9.4 Solarmarkit makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Solarmarkit Platform, Users may inform Solarmarkit of their Third Party Service experience. Visit Contact Us page.
10. VERIFICATION & BADGES
- 10.1 Solarmarkit may use Identity Verification Services.
- 10.2 You agree that Solarmarkit Identity Verification Services may not be fully accurate as all Solarmarkit Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
- 10.3 You are solely responsible for identity verification and Solarmarkit accepts no responsibility for any use that is made of an Solarmarkit Identity Verification Service.
- 10.4 Solarmarkit Identity Verification Services may be modified at any time.
- 10.5 The Solarmarkit Platform may also include a User-initiated feedback system to help evaluate Users.
- 10.6 Solarmarkit may make Badges available to Service Providers. The available Badge can be requested by the Service Provider via the Solarmarkit Platform, and arranged on behalf of the Service Provider and issued by Solarmarkit. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Service Provider and determined by Solarmarkit or a third-party verifier which shall be governed by its terms.
- 10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Job Contract, you do so aware of this limitation. You should seek to verify any Badge with the Service Provider prior to commencing the Job.
- 10.8 It remains the Service Provider’s responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Solarmarkit immediately if a Badge is no longer valid.
- 10.9 Solarmarkit may, at its discretion, issue Badges to Service Providers for a fee.
- 10.10 The issue of a Badge to a Service Provider remains in the control of Solarmarkit and the display and use of a Badge is licensed to the Service Provider for use on the Solarmarkit Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Solarmarkit Platform.
- 10.11 Solarmarkit retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Solarmarkit.
- 11.1 Solarmarkit may offer its Users an opportunity to obtain insurance for certain Job Contracts. All such insurance will be offered by a third party. Any application and terms and conditions for such third party insurance will be displayed on the Solarmarkit website when they are available. Solarmarkit confirms that all insurance policies are Third Party Services and governed by further terms set out for Third Party Services.
- 11.2 Solarmarkit does not represent that any insurance it acquires or which is offered via the Solarmarkit Platform is adequate or appropriate for any particular User.
- 11.3 Each User must make its own enquiries about whether any further insurance is required and Service Providers remain responsible for ensuring that they have, and maintain, sufficient insurance to cover the Services provided to other Users of the Solarmarkit Platform.
- 11.4 Solarmarkit may also take out other insurance itself and that insurance may at Solarmarkit’s option extend some types of cover to Users. Solarmarkit reserves the right to change the terms of its insurance policies with the third party insurance providers at any time. A summary of the policies are available on the Solarmarkit website and the policy details can be requested via Solarmarkit. Users are responsible for familiarising themselves with these details.
- 11.5 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Service Provider, and the insurance taken out by Solarmarkit (if any) responds to that claim then this clause applies. If a claim is made against a Service Provider, Solarmarkit may (provided that the Service Provider consents) elect to make a claim under any applicable policy and if the claim is successful, Solarmarkit reserves its right to recover any excess or deductible payable in respect of the claim from the Service Provider. Where Solarmarkit makes a claim and the insurer assesses that the Service Provider is responsible, Solarmarkit is entitled to rely on that assessment. If You do not pay any excess due under this clause, Solarmarkit may also elect to set this amount off some or all of the excess paid by it against future moneys it may owe to You.
- 11.6 You acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Service Provider, and the insurance taken out by Solarmarkit (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Solarmarkit may elect to reject or pay an amount to settle a claim not covered by Solarmarkit’s own insurance policies. To the extent that the Service Provider was or would be liable for the amount of the claim, if Solarmarkit elects to pay an amount to settle the claim the amount paid by Solarmarkit may be recovered by Solarmarkit from the Service Provider. Solarmarkit may also elect to set this amount off against future moneys it may owe to the Service Provider.
- 12.1 You can complain about any comment made on the Solarmarkit Platform using the ‘Report as Inappropriate’ function of the Solarmarkit Platform or contact Solarmarkit via the Solarmarkit Platform.
- 12.2 Solarmarkit is entitled to suspend or terminate Your account at any time if Solarmarkit, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Solarmarkit Users.
13. LIMITATION OF LIABILITY
- Please see Your Country Specific Terms for the applicable exclusions and limitations of liability.
- 14.2 Solarmarkit will endeavour to permit you to transact anonymously on the Solarmarkit Platform. However in order to ensure Solarmarkit can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Solarmarkit reserves the right to ask Users to verify themselves in order to remain a User.
15. MODIFICATIONS TO THE AGREEMENT
- 15.1 Solarmarkit may modify this Agreement or the Policies (and update the Solarmarkit pages on which they are displayed) from time to time. Solarmarkit will send notification of such modifications to Your Solarmarkit account or advise You the next time You login.
- 15.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Solarmarkit Platform in any manner, including engaging in any acts in connection with a Job Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
- 15.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Solarmarkit who will terminate Your Solarmarkit account, and stop using the Solarmarkit Service.
16. NO AGENCY
- 16.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Solarmarkit, its related entities or affiliates in any way whatsoever. Solarmarkit confirms that all Third Party Services that may be promoted on the Solarmarkit Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Solarmarkit specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.
- 17.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Solarmarkit’s contact address as displayed on the Solarmarkit Platform, or to Solarmarkit Users’ contact address as provided at registration. Any notice shall be deemed given:
- (a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
- (b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside the jurisdiction in which You have Your Solarmarkit Platform account.
- 17.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.
18. MEDIATION AND DISPUTE RESOLUTION
- 18.1 Solarmarkit encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Solarmarkit may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
- 18.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
- 18.3 Solarmarkit may elect to assist Users resolve disputes. Any User may refer a dispute to Solarmarkit. You must co-operate with any investigation undertaken by Solarmarkit. Solarmarkit reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Solarmarkit’s determination in an applicable court or tribunal.
- 18.4 Solarmarkit has the right to hold any Agreed Offer that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
- 18.5 Solarmarkit may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
- 18.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
- 18.7 If You have a complaint about the Solarmarkit Service please contact us via Live Chat.
- 18.8 If Solarmarkit provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Solarmarkit for any costs, losses or liabilities incurred by Solarmarkit in relation to any claims relating to any other use of information not permitted by this Agreement.
- 19.1 Either You or Solarmarkit may terminate your account and this Agreement at any time for any reason.
- 19.2 Termination of this Agreement does not affect any Job Contract that has been formed between Solarmarkit Users.
- 19.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
- 19.4 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
- 19.5 If Your account or this Agreement are terminated for any reason then You may not without Solarmarkit’s consent (in its absolute discretion) create any further accounts with Solarmarkit and we may terminate any other accounts You operate.
- 20.1 This Agreement is governed by the laws specified in Your Country Specific Terms.
- 20.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- 20.3 This Agreement may be assigned or novated by Solarmarkit to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
- 20.4 This Agreement sets out the entire understanding and agreement between the User and Solarmarkit with respect to its subject matter.
Revised July 2019 copyright Solarmarkit 2019
MODEL JOB CONTRACT
The terms used in this Job Contract have the meaning set out in the Solarmarkit Glossary. A Job Contract is created in accordance with the Solarmarkit Agreement. Unless otherwise agreed, the Homeowner and the Service Provider enter into a Job Contract on the following terms:
1. COMMENCEMENT DATE AND TERM
- 1.1 The Job Contract is created when the Homeowner accepts the Service Provider’s Offer on a Posted Job to provide Services. When purchasing a Listing posted by a Service Provider, the Job Contract is created when the Homeowner successfully purchases a Listing.
- 1.2 The Contract will continue until terminated in accordance with clause 7.
- 2.1 The Service Provider will perform Services in a proper and workmanlike manner.
- 2.2 The Service Provider must perform the Services at the time and location agreed.
- 2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Job Contract.
- 2.4 The parties acknowledge that the Job Contract is one of personal service where the Homeowner selected the Service Provider to perform the Services. Therefore the Service Provider must not subcontract any part of the Services to any third party without the Homeowner’s consent.
- 2.5 The Service Provider remains responsible and liable at all times to the Homeowner for any acts or omissions of a subcontractor as if those acts or omissions had been made by the Service Provider.
- 3.1 Each party warrants that the information provided in the creation of the Job Contract is true and accurate.
- 3.2 The Service Provider warrants that they have (and any subcontractor has) the right to work and provide Services and hold all relevant licences in the jurisdiction where the Services are performed.
4. PAYMENT OR CANCELLATION
- 4.1 Upon the creation of the Job Contract, the Homeowner must pay the Agreed Offer into the Payment Account.
- 4.2 Upon the Services being completed, the Service Provider will provide notice on the Solarmarkit Platform.
- 4.3 The Homeowner will be prompted to confirm the Services are complete. If the Service Provider has completed the Services in accordance with clause 2, the Homeowner must use the Solarmarkit Platform to release the Service Provider Funds from the Payment Account.
- 4.4 If the parties agree to cancel the Job Contract, or the Homeowner is unable to contact the Service Provider to perform the Job Contract, the Service Provider Funds will be dealt with in accordance with the User’s Solarmarkit Agreement.
5. LIMITATION OF LIABILITY
- 5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Job Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
- 5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Offer.
- 6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
- 6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Solarmarkit and act in accordance with clause 18 of the Solarmarkit Agreement.
7. TERMINATION OF CONTRACT
The Job Contract will terminate when:
- (a) the Services are completed and the Agreed Offer is released from the Payment Account;
- (b) a party is terminated or suspended from the Solarmarkit Platform, at the election of the other party;
- (c) otherwise agreed by the parties or the Third Party Dispute Service; or
- (d) notified by Solarmarkit in accordance with the party’s Solarmarkit Agreement.
8. APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9. GOVERNING LAW
The Job Contract is governed by the laws of the jurisdiction where the Posted Job was posted on the Solarmarkit Platform.
Revised July 2021 copyright Solarmarkit 2021
COUNTRY SPECIFIC TERMS
If You are a User who has Your Solarmarkit Platform account in (or the Services are performed in) Australia then the following terms will also apply to or may vary this Agreement to the extent specified:
a) a reference to A$, $A, dollar or $ is to Australian currency;
b) “Solarmarkit” means Solarmarkit Pty Ltd ACN 149 850 458;
c) “ACL” means the Australian Consumer Law;
d) “Consumer Guarantees” means the consumer guarantees contained in Part 3-2 of the ACL;
e) “Personal Information” has the same meaning given to it in the Privacy Act 1988 (Cth);
f) This Agreement is governed by the laws of Victoria, Australia. You and Solarmarkit submit to the exclusive jurisdiction of the courts of Victoria, Australia; and
g) The following is added as clause 3.3 in the Model Contract of Appendix A “3.3 The parties incorporate the Consumer Guarantees into the Job Contract, even if they are not already incorporated by law.”;
h) The exclusions and limitations of liability shall be as follows:
- Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Solarmarkit specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Homeowners and Service Providers.
- Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Solarmarkit specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Solarmarkit Platform.
- Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Solarmarkit is not liable for any Consequential Loss arising out of or in any way connected with the Solarmarkit Services.
- Except for liability in relation to a breach of any Non-excludable Condition, Solarmarkit’s liability to any User of the Solarmarkit Service is limited to the total amount of payment made by that User to Solarmarkit during the twelve month period prior to any incident causing liability of Solarmarkit, or AUD$50.00, whichever is greater.
- Solarmarkit’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
“Agreement” means the most updated version of the agreement between Solarmarkit and a User.
“Agreed Offer” means Agreed Offer for Services (including any variation) paid into the Payment Account made by the Homeowner but does not include any costs incurred by the Service Provider when completing Services which the Homeowner agrees to reimburse.
“Solarmarkit” means “we” “us” “our” means the legal entity prescribed in Your Country Specific Terms.
“Solarmarkit Badge” means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Solarmarkit.
“Solarmarkit Platform” means the Solarmarkit website at http://www.solarmarkit.com/, Solarmarkit smartphone app, and any other affiliated platform that may be introduced from time to time.
“Solarmarkit Service” means the service of providing the Solarmarkit Platform.
“Badge” means an Solarmarkit Badge and Verification Icon.
“Business Day” means a day on which banks are open for general business in the jurisdiction where Users have their Solarmarkit Platform account, other than a Saturday, Sunday or public holiday.
“Business Partner Contract” means a contract between a Business Partner and a Service Provider to perform Business Services.
“Business Partner” means the business or individual that enters into an agreement with Solarmarkit to acquire Business Services.
“Business Services” means Services provided by a Service Provider to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner’s customer).
“Cancellation Admin Fee” means the Fee payable by a Homeowner or a Service Provider for cancelling a Job Contract and will not exceed 22% of the Agreed Offer.
“Consequential Loss” means any loss, damage or expense recoverable at law:
- (a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
- (b) which is a loss of:
- a. opportunity or goodwill;
- b. profits, anticipated savings or business;
- c. data; or
- d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
“Country Specific Terms” means those terms set out in Appendix B.
“Fees” means all fees payable to Solarmarkit by Users.
“Identity Verification Services” means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Solarmarkit Badges and Verification Icons.
“Marketing Material” means any updates, news and special offers in relation to Solarmarkit or its Third Party Services.
“Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void. Further detail on the Non-excludable Conditions for consumers in the United Kingdom and in Ireland is set out in the relevant Your Country Specific Terms.
“Occurrence” means each individual occurrence of services to be performed by a Service Provider that form part of Recurring Services.
“Offer” means an offer made by a Service Provider in response to a Posted Job to perform the Services. or an offer made by a Homeowner for the performance of Services by a Service Provider when using Search Assist
“Payment Account” means the account operated by the Payment Provider.
“Payment Provider” means an entity appointed by Solarmarkit that manages and operates the Payment Account including accepting payments from and making payments to Users.
“Personal Information” has the same meaning as described in Your Country Specific Terms.
“Policies” means the policies posted by Solarmarkit on the Solarmarkit Platform, including but not limited to the Community Guidelines.
“Homeowner” means a User that posts on the Solarmarkit Platform in search of particular Solar Services.
“Posted Job” means the Homeowner’s request for Services published on the Platform (including via Search Assist), and includes the deadline for completion, price and description of the Services to be provided.
“Active Listing” means the Service Provider’s request for Services Offered published on the Platform, and includes the deadline for delivery, price and description of the Listing to be provided.
“Reference” means a feature allowing a User to request other Users to post a reference on the Solarmarkit Platform endorsing that User.
“Services” means the services to be rendered as described in the Posted Job, including any variations or amendments agreed before or subsequent to the creation of a Job Contract and for Recurring Services the Services are the services to be performed under each Occurrence.
“Stored Value” means the physical or virtual card, coupon, voucher or code containing credit or a discount or refund provided as credit or anything else identified or described as ‘Stored Value’ in this Agreement, for use on the Solarmarkit Platform.
“Job Contract” means the separate contract which is formed between a Homeowner and a Service Provider for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Job Contracts.
“Service Provider” means a User who provides Services to Homeowners.
“Service Provider Funds” means the Agreed Offer less the Service Fee.
“Service Provider Service Plans” means the selected Plan by the Service Provider to Solarmarkit as consideration for the Solarmarkit Services (and comprised as part of the Agreed Offer) displayed to a Service Provider prior to entering into each Job Contract.
“Third Party Dispute Service” means a third party dispute resolution service provider used to resolve any disputes between Users.
“Third Party Service” means the promotions and links to services offered by third parties as may be featured on the Solarmarkit Platform from time to time.
“User” or “You” means the person who has signed up to use the Solarmarkit Platform, whether as the Homeowner, Service Provider, or otherwise.
“Verification Icons” means the icons available to be displayed on a User’s profile and any such posts on the Solarmarkit Platform to confirm details such as a User’s qualification, license, certificate or other skill.
Rules of Interpretation:
In the Solarmarkit Agreement and all Policies, except where the context otherwise requires:
- (a) the singular includes the plural and vice versa, and a gender includes other genders;
- (b) another grammatical form of a defined word or expression has a corresponding meaning;
- (c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- (d) the applicable currency shall be the currency specified in Your Country Specific Terms;
- (e) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- (f) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- (g) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- (h) headings are for ease of reference only and do not affect interpretation;
- (i) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
- (j) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
Revised July 2021 copyright Solarmarkit 2021