These Terms and Conditions are divided into two sections.
The Small Market Terms and Conditions apply to residential and small business customers who use Strata Energy Services price comparison, switching and Re-Zembl services.
The Large Market Terms and Conditions apply to services provided to commercial and industrial customers.
These Terms and Conditions apply to residential and small business customers who use Strata Energy Services price comparison, switching and Re-Zembl services.
1.1 The following definitions apply to these Terms and Conditions of Service (the "Terms"):
Contract: means any contract between a Supplier and the Customer.
Customer: means any customer who satisfies the eligibility requirements set out in clause 3 and to whom Strata Energy Services agrees to supply any of the Services from time to time.
Existing Supplier: means the Customer's existing energy retail supplier.
Strata Energy Services: means Strata Energy Services Pty Ltd (ABN: 77 622 570 156), which is a company registered in Australia and which has an office at Level 6, 347 Kent St, Sydney, NSW, 2000.
Quotation: means a quotation provided to the Customer by Strata Energy Services on behalf a Supplier which sets out the terms and prices upon which a Supplier may be prepared to supply the Supplier Services to the Customer.
Services: the services provided by Strata Energy Services, including the Price Comparison Service described in clause 4.1, the Switching Service described in clause 4.3, and the Re-Zembl Service described in clause 4.4.
Site: means the website www.strataenergyservices.com.au.
Supplier: means any energy retail supplier as may be selected by Strata Energy Services and/or listed on the Site from time to time, including the Existing Supplier (where applicable).
Supplier Services: means the energy retail supply services and/or products as may be agreed to be provided by a Supplier to a Customer from time to time.
2.1 These Terms will apply to the provision of any Service by Strata Energy Services to a Customer. Strata Energy Services may also ask the Customer to accept additional terms relevant to the provision of certain Services (such as the Re-Zembl service). These will be separately provided to the Customer and will apply in addition to these Terms. If there is a conflict between these Terms and the terms of the other Service, the terms of the other Service will prevail.
2.2 No other terms provided by the Customer, or implied by trade, custom, practice or course of dealing, will apply to the Services unless specifically agreed to by Strata Energy Services.
In order to be eligible to use the Services, the Customer must:
(a) be the owner or occupier of premises (whether residential or business) to which energy is sold or proposed to be sold;
(b) if a business or other enterprise, have an Australian ABN and / or ACN;
(c) if an individual, be aged eighteen years or over; and
(d) be able to provide Strata Energy Services with all such relevant information as Strata Energy Services may require in order to provide the Services to the Customer.
Price Comparison Service
4.1 If the Customer opts for and Strata Energy Services agrees to provide the Price Comparison Service, Strata Energy Services will, upon request from time to time from the Customer, provide the Customer with information on Suppliers' prices. Strata Energy Services will use its reasonable endeavours to secure favourable and competitive prices on behalf of the Customer and will provide the Customer with relevant Quotations obtained from the Suppliers for consideration by the Customer. Strata Energy Services and the Supplier reserve the right to revise, amend or withdraw any Quotation at any time upon informing the Customer.
Facilitating new Supply arrangements
4.2 If the Customer opts for and Strata Energy Services agrees to provide the Switching Service or the Re-Zembl Service, the Customer allows Strata Energy Services to facilitate the switching of the Customer to a new Supplier, or to new or renewed arrangements with its Existing Supplier.
Switching Service
4.3 The Switching Service will involve seeking and obtaining the Customer's consent to a new Contract with a Supplier for the supply and purchase of the Supplier Services.
Re-Zembl Service
4.4 The Re-Zembl Service will involve Strata Energy Services acting as the Customer's agent to source and enter into Contracts with Suppliers on the Customer's behalf, on an ongoing basis (as and when they are due to expire or be renewed), until Strata Energy Services' authority is revoked by the Customer.
5.1 The Customer acknowledges that by entering into a Contract with a Supplier, the Customer will be contracting directly with the Supplier and not with Strata Energy Services. The Customer agrees that Strata Energy Services is not liable in any way in relation to any transactions, dealings or arrangements of any kind made between the Customer and any Supplier and that any such transaction, dealing or arrangement (including any payment obligations of the Customer) is the Customer's sole risk and responsibility.
5.2 It is the Customer's responsibility to ensure that all the Customer information under the Contract is true, accurate, complete, reliable and current in all respects and to inform Strata Energy Services promptly if there are any errors. If any of the Customer information needs to be amended or rectified, this may result in the provision of Supplier Services being delayed or rejected by the Supplier.
5.3 Strata Energy Services will not be responsible for any delay or failure caused by any Supplier or Existing Supplier in relation to effecting any transfer between Suppliers or Supplier Services.
5.4 While Strata Energy Services will use all reasonable endeavours to secure new Supply Contracts at competitive prices, the extent of any savings under any Supply Contract will be dependent on a number of matters, not all of which can be predicted at the time of entering into the Supply Contract.
6.1 Strata Energy Services will provide the Services completely free of charge.
6.2 Strata Energy Services receives payments from Suppliers, who pay a commission to Strata Energy Services once a new Supply Contract successfully begins.
7.1 The Customer consents to Strata Energy Services contacting the Customer by direct mail, email, text message or phone call, including where the Customer's telephone number is registered on the Do Not Call Register, from time to time in order to provide the Services.
7.2 The Customer also consents to Strata Energy Services sending direct marketing communications to the Customer in order to provide the Customer with information about Strata Energy Services' or Suppliers' products and services, including by direct mail, telephone, email, SMS, MMS, or in person. The Customer may opt out at any time by using the unsubscribe facility in the relevant communication, or by contacting Strata Energy Services using the contact details in the Privacy Policy.
7.3 The Customer consents to Suppliers contacting the Customer from time to time in connection with the provision of the Supplier Services. Any direct marketing communications from a Supplier are subject to the Customer's separate consent to the Supplier, and the Customer may opt out by contacting the relevant Supplier directly in accordance with the information provided in the relevant communication or the Supplier's privacy policy.
7.4 The Customer also consents to Strata Energy Services contacting the Customer by telephone between the hours of 8am - 8pm, Monday to Friday AEST/AEDT, unless the Customer has expressly withdrawn its consent.
7.5 Strata Energy Services collects personal information about the Customer in connection with the provision of the Services. This personal information is collected for the purposes of providing the Services to the Customer, contacting the Customer in relation to the Services, and for other purposes described in Strata Energy Services' Privacy Policy https://www.strataenergyservices.com.au/privacy-policy. The Customer's personal information may be disclosed to Suppliers and other third parties in connection with the provision of the Services as described in Strata Energy Services' Privacy Policy and for other purposes where Strata Energy Services is required or authorised by law to do so (including where the Customer has provided consent). If the Customer does not provide the requested personal information, Strata Energy Services may not be able to provide the Services (or some part of the Services) to the Customer. For more information about how Strata Energy Services handles personal information, including how the Customer can request access or correction of personal information held by Strata Energy Services, how to make a privacy complaint, please refer to Strata Energy Services' Privacy Policy available on the Site.
Either the Customer or Strata Energy Services may terminate the Services at any time.
9.1 Strata Energy Services will exercise reasonable skill and care in providing the Services. However, the performance of the Services by Strata Energy Services may be dependent upon third parties (including Suppliers and Existing Suppliers) and Strata Energy Services is not able to guarantee or accept any responsibility for any failure or delay caused by such third parties or for any inaccurate, incomplete or unreliable information provided to the Customer by such parties via Strata Energy Services.
9.2 The Customer agrees that, subject to clauses 9.3 and 9.4:
(a) Strata Energy Services will not be liable to the Customer for any claim by the Customer (for which Strata Energy Services may otherwise be legally liable) that is not submitted in writing within 3 months of the Customer becoming aware of the relevant circumstances; and
(b) Strata Energy Services' total liability for all losses of whatever nature suffered by the Customer for which Strata Energy Services may be legally liable is limited to the lesser of: (i) the Customer's actual loss; and (ii) the commission earned by Strata Energy Services from the Supplier as a result of Strata Energy Services securing and finalising the Contract between the Supplier and the Customer.
9.3 Subject to clause 9.4, the Customer agrees that Strata Energy Services will not be liable for any: (a) indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; (b) loss of profit or savings; (c) loss or corruption of data or information; (d) loss of contracts, business or opportunity; (e) damage to goodwill or reputation; in each case whether direct or indirect and in each case whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with the Services, in each case even if Strata Energy Services has been forewarned or is aware of the possibility of such loss or damage.
9.4 Strata Energy Services does not exclude or limit its liability (if any) in any way:
(a) for death or personal injury caused by Strata Energy Services' negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter from which it is unlawful to exclude, or attempt to exclude, Strata Energy Services' liability, including under any consumer guarantees under the Australian Consumer Law.
10.1 Strata Energy Services will not be liable to the Customer if Strata Energy Services is prevented from or delayed in performing any of its obligations in relation to the provision of any of the Services, or from carrying on its business, by acts, events, omissions or accidents beyond Strata Energy Services' reasonable control.
11.1 The Customer may not transfer, assign, charge or otherwise dispose of any of its rights or obligations arising under these Terms without Strata Energy Services' prior written consent.
11.2 Strata Energy Services may at any time assign any of its rights under these Terms to a third party, charge any of its rights under these Terms in favour of a third party, engage subcontractors to perform any part of the Services, or novate its rights and obligations under these Terms to a third party on terms specified by Strata Energy Services, without the Customer's consent.
12.1 These Terms are governed by the laws of the State of New South Wales, Australia.
12.2 Each party submits to the exclusive jurisdiction of courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of, or in connection with, the Services. Each party waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
13.1 Strata Energy Services makes its price comparisons and recommendations based on Suppliers' pricing at the point at which it is offered by Suppliers. Customers should be aware that many Suppliers include terms permitting the Supplier to change the pricing during the Contract in some circumstances.
14.1 Strata Energy Services provides a Customer Savings Guarantee to all Customers that receive a comprehensive bill comparison and change Suppliers by using the Strata Energy Services Switching Service. The Customer Savings Guarantee is intended to provide the Customer with the confidence that the new Supplier they choose will save them money, and is likely to do so for the following 12 months. However, this guarantee does not apply to the Re-Zembl Service; a separate "Re-Zembl Assemble Guarantee" instead applies to that Service, as described in the terms for that Service separately provided to the Customer.
14.2 Should any Customer consider that a saving was not achieved after a period of 12 months under the new Supplier, then the Customer must present its bills for the preceding 12 months to Strata Energy Services. Strata Energy Services will analyse those bills and compare:
(a) the Customer's total charges in those bills for the preceding 12 months; with
(b) what the Customer's total charges would have been for that same 12-month period, had the Customer remained with the Existing Supplier on its existing product (but at the new prices for that product that would have applied, and the Customer's actual consumption, for those 12 months).
15.1 Strata Energy Services may amend these Terms from time to time, to reflect Strata Energy Services' reasonable business needs, by updating the Site. Any amendment will apply to Services provided after the date of publication.
These Terms and Conditions apply to Strata Energy Services' commercial and industrial (C&I) services.
In these Terms:
Chosen Retailer: means the energy retailer selected by the Customer as part of a tender, procurement, comparison or offer acceptance process.
Contract: means any contract or agreement between the Customer and a Chosen Retailer, Metering Provider, energy efficiency provider or other third-party provider.
Customer, you or your: means the commercial and industrial business customer receiving services from Strata Energy Services.
Data: means information relating to the Customer, its personnel, sites, accounts, contracts, meters, tariffs, usage, billing, interval data, meter data, NMI details, pricing, charges and related energy information, including any Personal Information.
Direct Metering Agreement or DMA: means an agreement between the Customer and a Metering Provider for metering services.
Letter of Authority or LOA: means any authority given by the Customer authorising Strata Energy Services to act on the Customer's behalf in relation to energy accounts, energy usage, metering information, energy procurement activities or related services.
Metering Provider: means the metering provider selected or nominated in connection with the Customer's sites.
Offer Acceptance Form: means the document signed by the Customer confirming its intention to accept a proposed retail energy offer, metering arrangement or related service.
Personal Information: has the meaning given in the Privacy Act 1988 (Cth).
Privacy Policy: means Strata Energy Services' privacy policy available at www.strataenergyservices.com.au/privacy-policy.
Retail Agreement: means the retail energy supply agreement between the Customer and the Chosen Retailer.
Services: means the services provided by Strata Energy Services to the Customer, which may include energy procurement, tendering, offer comparison, retailer negotiation, metering support, tariff review, bill validation, reporting and analysis, energy management, contract renewal or extension support, energy efficiency opportunity identification, partner referral and related services.
Strata Energy Services, we, us or our: means Strata Energy Services Pty Ltd ABN 77 622 570 156 and, where applicable, any related body corporate or entity in the Strata Energy Services Group.
2.1 These Terms apply to Strata Energy Services' large market and C&I Services.
2.2 These Terms are intended to supplement, not replace, any signed Letter of Authority, Offer Acceptance Form, Customer Acceptance Report, service order, Retail Agreement, DMA, metering provider terms or other customer-specific document.
2.3 Where the Customer signs an Offer Acceptance Form, Customer Acceptance Report, Retail Agreement, DMA or other customer-specific document, the Customer is also bound by the terms of that document.
2.4 Strata Energy Services is not an energy retailer, distributor or metering provider. Unless expressly stated otherwise in a signed document, Strata Energy Services acts as an energy consultant, broker, intermediary and procurement support provider.
2.5 The Customer's energy supply contract is entered into directly between the Customer and the Chosen Retailer. Where applicable, metering services are provided under a DMA or other arrangement between the Customer and the Metering Provider.
3.1 The Customer may authorise Strata Energy Services to act on its behalf by signing a Letter of Authority, Offer Acceptance Form, or other authority document.
3.2 The Customer authorises Strata Energy Services to take reasonable steps required to provide the Services, which may include:
(a) requesting and receiving copies of energy supply contracts, metering contracts, contract end dates, invoices, billing data, interval data, meter data, site details and NMIs;
(b) requesting lists of sites or properties linked to ABNs provided by the Customer;
(c) communicating with energy retailers, distributors, metering providers and other market participants about the Customer's energy accounts, sites, tariffs, metering and usage information;
(d) inviting retailers to provide pricing in response to a tender request;
(e) requesting or initiating tariff change requests with the relevant retailer, distributor or other responsible market participant; and
(f) preparing energy pricing, tender comparisons, tariff recommendations, reporting, analysis or related procurement support.
3.3 The Customer must provide Strata Energy Services with all information reasonably required to provide the Services.
3.4 Strata Energy Services may rely on information provided by the Customer, retailers, metering providers, distributors, market participants and other third parties.
4.1 Strata Energy Services may provide tendering, pricing, comparison, procurement or recommendation services based on information available at the time.
4.2 Pricing, recommendations and comparisons may be based on site data, usage data, interval data, invoices, contract information, tariffs, network charges, environmental charges, market charges, metering arrangements, retailer eligibility criteria and other information available to Strata Energy Services.
4.3 Strata Energy Services will use reasonable endeavours to provide accurate estimates and recommendations. However, Strata Energy Services cannot guarantee the accuracy, completeness or timeliness of information provided by the Customer or third parties.
4.4 Network charges, environmental charges, market charges and other regulated or third-party charges are subject to change at the discretion of the relevant regulator, network, market body or service provider.
4.5 Retailer pricing and eligibility are based on site information available at the time of contracting. If site classification, consumption, metering arrangements, usage profile, tariff, solar, batteries, EV charging, embedded network status or other relevant matters change before or during the contract term, the retailer may amend pricing, tariffs, eligibility or contract terms in accordance with its terms and conditions.
4.6 The Customer must notify Strata Energy Services of any material changes that may affect site information, energy usage, metering arrangements, contractual arrangements, retailer eligibility or pricing.
5.1 If the Customer chooses to accept an offer, the Customer may be required to sign an Offer Acceptance Form, Retail Agreement, DMA or other document.
5.2 An Offer Acceptance Form confirms the Customer's intention to accept the rates or offer quoted by the Chosen Retailer. It is not itself a retail electricity supply contract unless expressly stated otherwise.
5.3 The Customer acknowledges that the Chosen Retailer will arrange the retail transfer and that the Customer consents to the Chosen Retailer taking the necessary steps to effect that transfer.
5.4 The Customer acknowledges that the transfer may involve:
(a) changes to the Customer's meter installation; and
(b) transfer of information relating to the Customer's electricity supply between industry participants.
5.5 The Customer acknowledges that the retail offer is subject to the Chosen Retailer's terms and conditions.
5.6 The Customer must ensure that all company, site, contract, meter and usage information provided to Strata Energy Services, the Chosen Retailer or the Metering Provider is accurate, complete and not misleading.
5.7 The Customer acknowledges that information provided in an Offer Acceptance Form or related document may be used by the Chosen Retailer to prepare the Retail Agreement.
5.8 The Chosen Retailer may reject, delay or amend the Customer's application in accordance with its terms and conditions.
6.1 Any contract start date stated in an Offer Acceptance Form, Customer Acceptance Report or other document is an estimate only.
6.2 The Customer cannot become the customer of the Chosen Retailer until all necessary steps have occurred.
6.3 Failure to deliver a complete Retail Agreement or other required document in a timely manner may result in delays to the contract start date and may result in default charges or other charges being incurred by the Customer.
6.4 The Chosen Retailer must receive a completed and signed Retail Agreement before the account transfer process can begin.
6.5 Strata Energy Services will use reasonable endeavours to assist with the transfer from the Customer's existing retailer to the Chosen Retailer. However, it is ultimately the Customer's responsibility to ensure that its account is active with the Chosen Retailer and that the relationship with its existing retailer has ceased.
7.1 Strata Energy Services takes reasonable steps to verify customer information, existing contracts and site details based on information provided by the Customer and third parties.
7.2 Strata Energy Services cannot guarantee the accuracy, completeness or timeliness of information obtained from third parties.
7.3 The Customer remains responsible for confirming its existing contractual obligations, including any applicable early termination fees, break fees, direct metering agreement obligations, notice requirements or other charges.
7.4 The Customer acknowledges that entering into a new Retail Agreement, DMA or other arrangement may result in fees or charges under an existing contract.
7.5 Where a site forms part of an embedded network, additional requirements or third-party approvals may apply. These may affect retailer participation, timing, pricing or the ability to complete the transfer. Strata Energy Services is not responsible for delays or outcomes arising from matters outside its reasonable control.
8.1 Where metering services are required, the Customer may enter into a DMA or other metering arrangement with a Metering Provider.
8.2 The Customer acknowledges that the Metering Provider, not Strata Energy Services, is responsible for providing metering services.
8.3 Where the Customer authorises Strata Energy Services to arrange or facilitate metering services, the Customer authorises Strata Energy Services to deal directly with the Metering Provider and to access metering information required to provide the Services.
8.4 The Customer authorises the Metering Provider to release electricity consumption data and other relevant metering information to Strata Energy Services and to any third-party energy monitoring platform used by Strata Energy Services to provide the Services.
8.5 Metering fees and Strata Energy Services value-added service fees are separate unless expressly stated otherwise in the relevant documentation.
8.6 Metering fees may continue for the term of the DMA or metering arrangement, even where Strata Energy Services' value-added service fees cease at the end of the retailer agreement.
9.1 Strata Energy Services may provide value-added services to the Customer, including:
(a) reporting and analysis of energy usage;
(b) bill validation;
(c) tariff review;
(d) network tariff review;
(e) energy management support;
(f) energy efficiency opportunity identification;
(g) solar, battery, power factor correction, LED, heat pump or other solution referrals;
(h) contract renewal or extension services;
(i) portal access;
(j) budget reporting; and
(k) other agreed services.
9.2 The scope, pricing and term of any value-added service may be set out in the Offer Acceptance Form, Customer Acceptance Report, service order, proposal, Retail Agreement, DMA or other customer-specific document.
9.3 Unless expressly agreed otherwise, Strata Energy Services may provide value-added services itself or through subcontractors, related entities, technology providers or specialist partners.
10.1 Strata Energy Services may charge fees, value-added service charges, commissions or other amounts in connection with the Services.
10.2 Charges may be billed directly by Strata Energy Services, billed through a Chosen Retailer, bundled with retail or metering charges, included in rates, or otherwise disclosed in the relevant customer-specific documentation.
10.3 Strata Energy Services may receive commission from the Chosen Retailer or other third party in connection with the Services.
10.4 Unless stated otherwise, Strata Energy Services commission is not calculated on network, environmental or other third-party charges.
10.5 The Customer acknowledges that Strata Energy Services commission, fees or value-added service charges may be factored into the rates or charges presented to the Customer.
11.1 The Customer acknowledges that Strata Energy Services, the Chosen Retailer and any Metering Provider may provide services to the Customer under the applicable Offer Acceptance Form, Retail Agreement, DMA or other arrangement.
11.2 The Customer agrees to Strata Energy Services collecting, requesting, using and disclosing Data:
(a) under these Terms and through other engagement with the Customer;
(b) from the Customer;
(c) from the Chosen Retailer and any other provider of retail energy services to the Customer;
(d) from the Metering Provider and any other provider of energy metering services to the Customer;
(e) from distributors, networks, market participants, technology providers, service providers and other relevant third parties; and
(f) from up to 12 months of historical data where available, or such other period as may be required for the Services.
11.3 Strata Energy Services may use Data to provide the Services, including tendering, pricing, comparison, procurement, account management, reporting, analysis, bill validation, tariff review, energy efficiency opportunity identification, contract renewal and related services.
11.4 Strata Energy Services may disclose Data to:
(a) the Chosen Retailer;
(b) the Metering Provider;
(c) subcontractors, related bodies corporate, technology providers and service providers who provide part of the Services;
(d) partners who provide energy efficiency or related products and services where an opportunity has been identified; and
(e) other third parties where required to provide the Services or as authorised by the Customer or by law.
11.5 Strata Energy Services' Privacy Policy is available at www.strataenergyservices.com.au/privacy-policy.
11.6 Strata Energy Services will comply with its Privacy Policy, the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Spam Act 2003 (Cth) and any other applicable requirement under Australian law or industry code relating to the handling of Personal Information.
12.1 The Customer must:
(a) provide accurate, complete and not misleading information;
(b) promptly notify Strata Energy Services of any errors or changes in information previously provided;
(c) disclose any existing Retail Agreement, DMA, metering contract, broker arrangement or other arrangement that may affect the Services;
(d) disclose any known early termination fees, break fees, notice requirements or other contractual obligations;
(e) provide documents and approvals reasonably required to progress a tender, offer, transfer, tariff change, metering arrangement or other service;
(f) review all offers, recommendations, reports, agreements and acceptance documents before signing; and
(g) make its own decision about whether to accept a recommended offer.
13.1 The Customer agrees to indemnify and hold harmless Strata Energy Services against any loss, cost or claim arising directly from:
(a) information provided by the Customer in connection with the Services that was inaccurate, incomplete or misleading;
(b) any failure by the Customer to disclose a material fact relevant to the sites, contracts, metering arrangements or Services, including the existence of a current Retail Agreement, Direct Metering Agreement or other relevant contract; or
(c) any breach by the Customer of its obligations under these Terms or any signed customer-specific document.
13.2 The indemnity in clause 13.1 does not apply to the extent the loss, cost or claim is caused by Strata Energy Services' fraud, wilful misconduct or negligence.
14.1 Strata Energy Services will exercise reasonable skill and care in providing the Services.
14.2 Strata Energy Services is not responsible for:
(a) energy supply, billing or performance by a Chosen Retailer;
(b) metering services or performance by a Metering Provider;
(c) delays, rejections or failures caused by retailers, metering providers, distributors, networks, market participants, regulators or other third parties;
(d) changes in retailer pricing, tariff eligibility, site classification, network charges, environmental charges, market charges or other third-party charges;
(e) inaccurate, incomplete or delayed information provided by the Customer or any third party;
(f) the Customer's failure to disclose existing contracts, fees, charges or obligations;
(g) the Customer's failure to review and understand a Retail Agreement, DMA or other contract before signing; or
(h) matters outside Strata Energy Services' reasonable control.
14.3 To the extent permitted by law, Strata Energy Services excludes liability for indirect loss, loss of profit, loss of savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, or loss or corruption of data.
14.4 Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or warranty that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
15.1 Each party must keep confidential any confidential information received from the other party in connection with the Services.
15.2 Strata Energy Services may disclose confidential information to the extent required to provide the Services, including to retailers, metering providers, subcontractors, technology providers, service providers, related bodies corporate, professional advisers and other relevant third parties.
15.3 Confidentiality obligations do not apply to information that is publicly available, already known to the receiving party, independently developed, required to be disclosed by law, or disclosed with consent.
16.1 Unless the Customer notifies Strata Energy Services otherwise in writing, the Customer permits Strata Energy Services to use the Customer's business name, logo and branding for the limited purpose of identifying the Customer as an existing client or customer relationship in internal and external stakeholder communications.
16.2 Strata Energy Services will not suggest that the Customer endorses Strata Energy Services or any particular product or service unless separately agreed.
17.1 Either party may cease the Services by giving written notice to the other party, subject to any signed customer-specific document.
17.2 Termination of Strata Energy Services' Services does not terminate any Retail Agreement, DMA or other third-party contract entered into by the Customer.
17.3 The Customer must contact the relevant Chosen Retailer, Metering Provider or third-party provider directly in relation to termination of any Retail Agreement, DMA or other third-party contract.
17.4 Clauses relating to charges, data and privacy, confidentiality, indemnity, limitation of liability and any accrued rights survive termination.
18.1 Strata Energy Services may amend these Terms from time to time by updating this page.
18.2 Any amendment will apply to Services provided after the date of publication.
18.3 No amendment or modification to a signed Offer Acceptance Form, Customer Acceptance Report, service order, Retail Agreement, DMA or other signed customer-specific document will be effective unless made in accordance with that document.
19.1 These Terms are governed by the laws of New South Wales, Australia.
19.2 Each party submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them.
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