Suppliers Agreement
1. SERVICES:
1.1 The SUPPLIER shall supply “Subscription Services” to the SUBSCRIBER on a recurring Monthly basis, as per the specifics outlined here.
1.2 The SUPPLIER manages the SUBSCRIBER’s social media activities regarding the regular releases and snippets. The release is part of the subscription service as outlined here.
1.3 The SUPPLIER supplies a number of free benefits to the SUBSCRIBER as outlined here
1.4 A breakdown of the actual deliveries and costs of the current proposal is as follows:
a. The money to be spent on Facebook boosting is approximately $200 per month plus GST. Cost can vary depending on your region. All of these funds go to Facebook;
b. To manage Facebook boosting is included in monthly management fee (refer to item k);
c. The cost for the listing of your company as the preferred partner is included in monthly management fee (refer to item k);
d. Any leads coming from the YEA site to you are free;
e. Branded E-Guides are available for $499 plus GST each.
f. The advertisements of your company on YEA to site visitors in your chosen postcodes is free;
g. You can have the YEA calculator tools embedded in your website for a small additional cost;
h. Access images and footage from the YEA library for a small additional cost;
i. To gain backlinks to your website from YEA is free;
j. An optional add-on is the YEA podcast to introduce you, your company and build your brand. We will then edit between 20 and 30 informative less than 1 min snippets. Cost of each produced snippet is $350 ex GST, and they can be paid off via a monthly additional charge of $350 ex GST, bringing the monthly subscription from $770 to $1155 inc. GST. In the event you decide to cancel your YEA subscription, as mentioned a standard 30-day notice applies. Any outstanding production costs for the snippets will then be payable over the following 4 months. The snippets are owned by you for ever, with usage rights also granted to YEA to screen to the wider public.
2. PAYMENT:
2.1 The SUBSCRIBER agrees to pay the subscription fee as described in the “Subscription Fee Schedule,” – outlined here
2.2 Payment shall be made every prior month Subscription is supplied and /or within 14 days of receipt of invoice.
2.3 Increases of the Subscription fee by the SUPPLIER needs to be communicated in writing to the SUBSCRIBER with an implementation period of 60 days.
2.4 If a subscription fee is overdue by more than 45 days, the SUPPLIER reserves the right to stop the supply of marketing material and the SUBSCRIBER listing on the website.
2.5 Should the SUBSCRIBER wish to cancel their subscription plan, a notice in writing by the SUBSCRIBER to the SUPPLIER is required. The SUPPLIER must implement the requested changes within 30 days. Please send your cancellation email to info@yourenergmedia.com
3. INFORMATION EXCHANGE AND CONFIDENTIALITY:
3.1 The SUBSCRIBER agrees to provide necessary information to the SUPPLIER for the provision of Subscription Services, such as company profile review as well as other information required to facilitate the subscription service.
3.2 The SUBSCRIBER agrees to provide necessary information to the SUPPLIER for the provision of accessing the SUBSCRIBERS social channels, website and other access required to facilitate the subscription service.
3.3 The SUBSCRIBER ensures that their provided information about the company is current.
3.4 Each party agrees to maintain the confidentiality of all proprietary information received during this Agreement.
4. WARRANTIES:
4.1 The SUPPLIER warrants that the supplied Subscription Services are free from any legal issues, including but not limited to defamation and copyright infringement.
5. TERM AND TERMINATION:
5.1 This Agreement shall be effective from the date of signing and will continue until terminated by either party. SUBSCRIBERS may terminate this Agreement upon written notice, via an email to info@yourenergymedia.com or other business related email addresses. The SUPPLIER may terminate this Agreement upon written notice, via an email to any/all of the listed SUBSCRIBERS business emails. The notice period is 30 days.
5.2 Upon termination, the SUPPLIER will continue to supply the Subscription Services for the actual notice period and the SUBSCRIBER will pay the full month fee, as those month’s material will already have been created. In case the SUPPLIER cancels the subscription, only the supplied pro-rata period is due. To clarify this matters please refer to these 2 samples.
Sample A: The SUBSCRIBER writes to the SUPPLIER on the 15th of May and ask for cancellation by COB 14th of June (30 days’ notice). The fee for all of June is still due and the service will stop on the 14th of June.
Sample B: The SUPPLIER writes to the SUBSCRIBER on the 15th of May and ask for cancellation by COB 14th of June (30 days’ notice). The pro-rata fee for June is due and the service will stop on the 14th of June.
6. PRIVACY
6.1 The SUBSCRIBER agrees not to sell or distribute any of the subscription material the SUPPLIER supplied to their business, such as specific marketing material e.g. E-Guides to any third party (other than end customers), without expressed written permission by the SUPPLIER.
7. INDEMNIFICATION:
7.1 Each party shall indemnify and hold the other harmless from any claims, losses, damages, and liabilities related to this Agreement.
8. REVIEWS
8.1 The SUBSCRIBER agrees that the website(s) managed by the SUPPLIER can carry reviews by the SUBSCRIBER’s customers, such as copies of Google Reviews. The SUBSCRIBER allows and agrees that the SUPPLIER can collect reviews regarding the SUBSCIBER’S installation works and to post this customer review material on the website(s) and otherwise disseminate such reviews, with the aim to strengthen the SUBSCRIBER’s business.
8.2 To the maximum extent permitted by law, the SUPPLIER does not accept any responsibility whatsoever for any injury, loss, or damage that the SUBSCRIBER may suffer, directly or indirectly, as a result of the content of any review mentioned above irrespective of how that injury, loss, or damage is caused (including where it is caused by negligence, defamation, or falsehood).
9. DISPUTE RESOLUTION:
9.1 Any disputes arising from this Agreement shall be resolved by Mediation, via a professional mediation service, whereby each party pays their fees, prior to any court action being commenced by either party.
10. GOVERNING LAW
10.1 The laws of New South Wales govern these terms and conditions, and BOTH PARTIES agree to submit to the nonexclusive jurisdiction of the Courts of New South Wales.
11. OBLIGATIONS
11.1 The SUBSCRIBER must promptly notify the SUPPLIER if the SUBSCRIBER ceases to be a CEC Member or has any of the necessary licenses to conduct their business activities expired, been revoked, or become invalid for any reason.
11.2 The SUPPLIER will place a backlink to the SUBSCRIBER’s website to strengthen such site’s ranking, and the SUBSCRIBER will place a backlink to the SUPPLIER’s website to strengthen such site’s ranking.
12. CUSTOMER DATA
12.1 The SUBSCRIBER must not use the Customer Data supplied by the SUPPLIER for any purpose other than providing a Quote to the Customer or performing Installation Services under an Installation Contract with that Customer.
12.2 The SUBSCRIBER acknowledges that all Customer Data is Confidential Information of Your Energy Group Pty Ltd and is not to be shared with third parties outside the company without Your Energy Group’s expressed permission, subject to the Privacy Act of Australia.
13. FORCE MAJEURE
13.1 If a party is unable to comply with an obligation (or is delayed or otherwise hindered in complying with it) in each case because of a Force Majeure Event, that party does not breach this agreement merely because of an inability to comply or its failure to comply with the obligation;
13.2 The party must comply with the obligation as soon as reasonably possible after the Force Majeure Event (including, without limitation, its effect) ends. Each party must notify the other party promptly after becoming aware that the Force Majeure Event will or may affect its ability to comply with an obligation;
14. ENTIRE AGREEMENT:
14.1 This Agreement, including contents outlined here and the contents of this suppliers agreement, constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreement, whether oral or written.