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Zhon1tech

Customer agreement

The contract for our software products, with a schedule for each product.

Version 1.0 · Last updated · Zhon1 Tech Pty Ltd

This Customer Agreement is the contract between Zhon1 Tech Pty Ltd (ACN 700 514 478, ABN 84 700 514 478) ("Zhon1", "we", "us") and the business that subscribes to one of our software products ("you", "the Customer"). It applies to every Zhon1 product. Each product also has a Product Schedule at the end of this document with terms specific to that product.

By creating an account, subscribing, or ticking the box at checkout, the person doing so confirms they are authorised to accept this agreement on behalf of the Customer.

1. Definitions

  • Service: the Zhon1 software product(s) you subscribe to, delivered online, including updates we make available.
  • Account Owner: the user who created the Customer's account. The Account Owner can invite other users and manages billing.
  • Users: the people the Customer allows to use the Service under its account.
  • Customer Data: information the Customer or its Users enter into the Service, including pricing configuration, quotes and details of the Customer's own customers.
  • Subscription Period: the monthly or annual period you have paid for.

2. The Service

2.1 We will provide the Service with reasonable care and skill, and in line with the description in the relevant Product Schedule.

2.2 We may improve and change the Service over time. We will not make a change that materially reduces the core functionality you subscribed for during a Subscription Period you have already paid for. If we need to make such a change (for example because a law or a government rebate scheme changes), we will tell you at least 30 days in advance where practicable, and you may end your subscription and receive a pro-rata refund of fees paid for the unused part of the Subscription Period.

2.3 We aim to keep the Service available at all times, but it may occasionally be unavailable for maintenance or because of events outside our control. We will try to schedule planned maintenance outside Australian business hours.

3. Accounts and Users

3.1 You must give accurate information when you sign up, including your business details and Australian Business Number (ABN), and keep them up to date.

3.2 You are responsible for your Users, for keeping login details secure, and for the roles you give them. Tell us promptly at support@zhon1tech.com if you think your account has been compromised.

3.3 You and your Users must follow our Acceptable Use Policy.

4. Fees, renewal and cancellation

4.1 Prices. Fees are shown on our website and at checkout in Australian dollars and include GST. The price you pay is the price shown.

4.2 Billing. Subscriptions are billed in advance, monthly or annually, through our payment provider Stripe. A tax invoice is issued for every payment.

4.3 Automatic renewal. Your subscription renews automatically at the end of each Subscription Period at the then-current price for your plan, until you cancel. For annual plans we will email the Account Owner a reminder at least 14 days before renewal.

4.4 Price changes. We may change our prices. A price change never applies to a Subscription Period you have already paid for. We will tell you at least 30 days before a price change takes effect for your next renewal, and you can cancel before then.

4.5 Cancelling. You can cancel at any time from the Billing page. Your access continues until the end of the Subscription Period you have paid for. Our Refunds and Cancellation policy explains when refunds apply.

4.6 Failed payments. If a payment fails, we will tell the Account Owner and give you at least 14 days to update your payment details before we suspend access. Your data is not deleted because of a failed payment (see clause 8).

5. Your data

5.1 You own Customer Data. We do not acquire any ownership of it. You give us permission to host, process and back it up only to provide, secure and support the Service for you.

5.2 Processing on your behalf. Where Customer Data includes personal information about your own customers or staff, we handle it as your service provider under our Data Processing Addendum, which forms part of this agreement.

5.3 Where it is stored. Customer Data is stored in our primary database in Sydney, Australia. Some service providers we use may process limited data overseas, as listed in the Data Processing Addendum.

5.4 Export. You can export your pricing configuration from the settings page at any time. You can request a full export of your Customer Data (in a common machine-readable format) by emailing support@zhon1tech.com while your subscription is active and for 60 days after it ends (see clause 8). We will provide it within 14 days.

5.5 Our use. We do not sell Customer Data or use it to market to your customers. We may use aggregated, de-identified information about how the Service is used (which cannot identify you or any individual) to improve the Service.

6. Calculations and your professional responsibility

6.1 The Service performs calculations (for example rebates, incentives, tax and prices) using the configuration you set and the rules and reference data available to us at the time. Government schemes, rebate values and other rules change, sometimes at short notice.

6.2 You remain responsible for checking quotes before giving them to your customers, and for complying with the laws, scheme rules and accreditation requirements that apply to your business. The Service is a tool to support your work; it is not financial, legal, tax or engineering advice.

6.3 If you find a calculation error caused by the Service, tell us at support@zhon1tech.com and we will fix it as a priority.

7. Intellectual property

7.1 We own the Service, including its software, design and documentation. We give you a non-exclusive, non-transferable right to use the Service for your business during your subscription.

7.2 If you send us feedback or suggestions, we may use them to improve the Service without obligation to you.

8. Suspension and ending this agreement

8.1 By you. You can end this agreement at any time by cancelling your subscription (clause 4.5).

8.2 By us, for breach. We may suspend or end your access if you materially breach this agreement (including the Acceptable Use Policy) and, where the breach can be fixed, you have not fixed it within 14 days of our written notice. We may suspend access immediately, without that notice period, only where necessary to prevent serious harm, such as a security threat to the Service or to other customers, or unlawful activity. We will tell you as soon as practicable and restore access once the issue is resolved.

8.3 By us, for convenience. We may stop offering a product by giving you at least 90 days' notice and refunding fees paid for any Subscription Period after the end date.

8.4 After it ends. We will keep Customer Data available for export for 60 days, then delete it from our active systems. Backups are overwritten in their normal cycle. We may keep records we are legally required to keep (for example tax invoices).

9. Liability

9.1 Consumer guarantees. Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot be excluded. Where the law allows us to limit our liability for failing to meet a consumer guarantee, our liability is limited (at our option) to supplying the services again or paying the cost of having them supplied again.

9.2 Limit. Subject to clause 9.1, each party's total liability to the other under or in connection with this agreement is limited to the fees paid or payable by the Customer in the 12 months before the event giving rise to the claim. This limit does not apply to a party's liability for fraud, wilful misconduct, a breach of confidentiality or privacy obligations, or the Customer's obligation to pay fees.

9.3 Indirect loss. Subject to clause 9.1, neither party is liable to the other for loss of profit, revenue or business opportunity, or for indirect or consequential loss.

9.4 Reduction. Each party's liability is reduced to the extent the other party caused or contributed to the loss.

10. Confidentiality

Each party will keep the other's confidential information confidential and use it only for the purposes of this agreement, except where disclosure is required by law.

11. Changes to this agreement

We may update this agreement, for example to reflect new features, products or laws. If a change is materially adverse to you, we will give you at least 30 days' notice by email to the Account Owner. If you do not agree, you can cancel before the change takes effect and we will refund fees paid for the unused part of your Subscription Period. Changes that are not adverse (such as adding a new Product Schedule) take effect when published.

12. General

  • Notices to us go to info@zhon1tech.com. Notices to you go to the Account Owner's email address.
  • Assignment. Neither party may transfer this agreement without the other's consent, except we may transfer it to a buyer of our business if we give you notice and the buyer is bound by it.
  • Force majeure. Neither party is liable for delay caused by events outside its reasonable control.
  • Entire agreement. This agreement (with its Product Schedules, the Data Processing Addendum and the policies it refers to) is the whole agreement about the Service.
  • Governing law. This agreement is governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of its courts.

Product Schedule 1: Solar Quoting Calculator

  1. What it is. The Solar Quoting Calculator is quoting software for solar and battery installers. It calculates system prices, government rebates and GST from your price book, and keeps a history of saved quotes.

  2. Coverage. The Solar Quoting Calculator currently supports installations in Victoria, New South Wales and Queensland. Small-scale technology certificate (STC) values use the installation postcode and the Clean Energy Regulator's postcode zone table. State programs (for example Solar Victoria) are modelled as described in the product.

  3. Plans. The Solar Quoting Calculator is available on a monthly plan or an annual plan at the prices shown on our pricing page. The annual plan costs the same as ten months of the monthly plan. Both include unlimited Users for one business.

  4. Your price book. Prices you enter in the admin settings are entered excluding GST; the Service adds GST and shows quote totals including GST. Cost and margin information is calculated on our servers and is not shown to Users with the salesperson role.

  5. Rebate values. Rebate values (for example the STC price and battery incentive tiers) are set in your configuration. You are responsible for keeping them current; we update default values when government rules change, but your configuration is under your control.

  6. No free trial. The Solar Quoting Calculator does not include a free trial. You can book a free demonstration before subscribing.