Terms of Service

Standard Terms and conditions – General Smart Metering

Please read these Terms of Service carefully before accessing or using our services.

General

1. All pricing is valid for 30 days from the date of the quotation.
2. All prices quoted exclude GST unless specifically stated otherwise.
3. Aspire Water Solutions will request progress claims as significant project milestones are reached as per our payment schedule below.
4. Our scope only includes items and services explicitly offered in this document. Other mentioned or implied items or services are excluded.
5. Once an official PO or confirmation for a job is raised, the scope of works cannot be reduced.
6. Replacement unit pricing only applies if the old unit can be retrieved from the site if Aspire Water Solutions are completing replacement. In case the client chooses to replace themselves, old meters must be posted back to us.
7. Any price breaks provided apply only if all meters are ordered at the same time.
8. Timely payment of invoices within 30 days. Extensive following up to receive payment shall attract a handling charge of $500.
9. Proposal revisions due to changed client requests will incur a fee of $500.
10. If you genuinely dispute an invoice you need not pay the disputed amount until the dispute is resolved, however, you must pay all undisputed amounts by the due date.
11. A clause allowing the client to terminate the contract without cause is only accepted based upon an immediate payment of all outstanding invoices plus payment of a contract break fee equivalent to 20% of the outstanding contract value. This clause shall supersede any other document unless specifically agreed otherwise.
12. If the meter cannot be found or accessed based on the information provided within 10 minutes, despite our reasonable efforts, additional time and costs incurred will be charged at our standard rates.
13. Additional time and costs incurred due to a change of meter details between submitting this pricing and performing the works will be charged at our standard rates.

Payment Schedule

1. 20% of the contract sum on contract award (Deposit).
2. A further 20% on delivery of equipment/site inspection.
3. A further 20% on receiving the report/set-up of the online portal.
4. Maximum payment of 90% of agreed contract sum (including approved variations) with payment of final 10% upon project completion.
5. Payment of no more than 5% to be withheld if only minor issues are outstanding.
6. Final payment making up the remainder of the contract sum due upon project acceptance.

Hardware

1. All hardware has a 1-year back-to-base warranty. If a device fails within the period of 1 year, the client is to return the device to the Aspire Water Solutions head office at the cost of the client. Aspire Water Solutions will post a new device to the client at no hardware cost. If Aspire Water Solutions are to supply on-site labour to replace hardware under warranty, charges for labour may apply.
2. Hardware warranty for battery-powered NB-IoT devices is valid only for units that achieve >50% signal for 9/10 days over the life of the device.
3. Any costs associated with complying with safety or administrative processes (including, but not limited to: completing compliance management systems, safety inductions) required to be undertaken in order to perform the works will be charged at cost + 10%. All time to complete these processes will be chargeable at hourly rates, charged in 15-minute increments.
4. Decreased battery life due to low wireless network reception i.e. <50% signal strength is not the responsibility of Aspire Water Solutions.
5. Uncaptured meter data due to wireless network or reception issues are not the responsibility of Aspire Water Solutions.
6. The client will ensure that Aspire Water Solutions staff will be granted access to install any equipment at the agreed time. If access is not granted at the agreed time, additional charges for time and travel may be applied.
7. All information supplied by the client is to be true and accurate.
8. Additional time and materials required as a result of misinformation may incur additional charges.
Aspire Water Solutions | ABN: 48 168 920 643 | 10 Sunshine Beach Rd, Noosa Heads, QLD 4567| 0439 211 414
9. Unless specified otherwise, ensuring all meters are equipped with appropriate data outputs is the responsibility of the client.
10. It is the responsibility of the client to ensure existing meters have been properly commissioned to provide appropriate registering of flow and appropriate data outputs prior to Aspire Water Solutions installing smart meter devices. It is the responsibility of the client to ensure existing meters are operating correctly prior to Aspire Water Solutions installing smart metering devices.
11. It is the responsibility of the client to ensure existing sensors are installed and calibrated and have suitable data outputs prior to Aspire Water Solutions installing smart meter devices.
12. The client is responsible for ensuring a suitable GPO (General Purpose Outlet) or suitable 12-24VDC transformer to provide power for use with any smart metering devices which may require it.
13. It is the responsibility of the client to notify Aspire Water Solutions if vandalism protection, in addition to that which is listed in this proposal, is required.
14. Additional vandalism protection may incur additional costs to the client.
15. Callout charges may apply for abnormal operation, repairs, vandalism, interference, etc.

Software

1. You acknowledge that:

a. We own all rights, title, and interest (including intellectual property rights) of the Data;
b. You have a royalty-free licence to access and store the data for the period that you maintain a subscription with Aspire Water Solutions;
c. You have a perpetual royalty-free licence to use any data accessed during your subscription period with Aspire Water Solutions;
d. We do not warrant the accuracy of any Data nor guarantee that such Data will be available to You throughout the subscription period;
e. We are not required to retain any Data and such Data may not be available for retrieval after the termination of the subscription period; and
f. Aspire Water Solutions may disclose, any Data to a third party who is not party to this agreement without obtaining your prior permission. Such disclosure will not constitute a breach in Agreement provided that Aspire Water Solutions do not reveal the source of the Data or identify the Customer.

2. If data is contested, the client must obtain two-meter readings (noting precise dates and times) to compare
with smart monitoring data to assist Aspire Water Solutions in investigating.
3. Special customisation of the website to incorporate custom formulas, non-standard graphs, custom interfaces, etc. may be provided by Aspire Water Solutions at an additional hourly rate.
4. Failed delivery of automated emails, SMS, and reports due to incorrect recipient information is not the responsibility of Aspire Water Solutions.
5. Unless specified otherwise, data forwarding will be by Aspire Water Solutions standard formats. Non-standard formats may require special customisation which may incur additional labour and cost.
6. Excessive delays in obtaining data for display from other parties will incur additional labour and costs.
7. Where a service states a number of days for an action to be taken, this refers to business days Monday to Friday only.
8. Data Troubleshooting & Root Cause Analysis services include defining an issue only. Rectification time and costs are dependent on the specific issue and not included in the scope of the service. Aspire Water Solutions may elect to resolve issues at the time of determining the cause at Aspire Water Solutions’ discretion.
9. Aspire Water Solutions shall not, in any circumstances, be liable for indirect damages, including, but not limited to, the operating losses, losses of clients, commercial damages, losses of reputation, of data and/or of files, which may result from communications network unavailability from wireless networks.

Liability

1. Subject to Aspire Water Solutions obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Aspire Water Solutions maximum aggregate liability for all claims under or relating to this agreement or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, is limited to an amount equal to the fees paid by You under this particular contract for this engagement. In calculating Aspire Water Solutions aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of any Non- Excludable Provisions.s.

Aspire Water Solutions | ABN: 48 168 920 643 | 10 Sunshine Beach Rd, Noosa Heads, QLD 4567| 0439 211 414

Go to Privacy Policy