1. Scope of Agreement

  1. Services provided. This Agreement applies to SBS's online meter data portal Netstream Online Services (the “Services”).
  2. Acceptance. By using or accessing the Services you agree to abide by this Agreement without modification by you. If you do not agree, you may not use the Services.
  3. Changes to this agreement. From time to time, we may change or amend these terms. If we do, we will notify you, either through the user interface, in an email notification or through other reasonable means. Your use of the Services after the date the change becomes effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the Services and cancel any paid Services. Otherwise, the new terms will apply to you.
  4. Types of changes. We continuously work to improve the Services and may change the Services at any time. Additionally, there are reasons why we may stop providing portions of the Services, including that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, our agreements with third parties no longer permit us to make their material available or external issues arise that make it imprudent or impractical to continue.
  5. Restrictions. You must not use the Services to harm others or the Services. For example, you must not:
    1. Damage, disable, overburden or impair the Services
    2. Assign, resell or redistribute any part of the Services or access to the Services, including the sale or purchase of an account
    3. Share your account password or otherwise authorise a third party to access or use the Services on your behalf
    4. Enable unauthorised third party applications to access the Services
    5. Use or attempt to use any unauthorised means to modify, reroute or gain access to the Services
    6. Obtain (or try to obtain) any data from the Services except the data that we intend to make available to you
    7. Attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute or use for other purposes the Services

2. Content

  1. Ownership. SBS does not claim ownership of your meter data provided on the Services. Your data remains yours.
  2. Access. You control who may access your content. When you give others access to your content on the Services, you grant them free, nonexclusive permission to access your data with the Services.
  3. Responsibility. SBS is responsible for backing up the data stored in the Services. We may permanently delete your data and content from our servers if the Services are suspended or cancelled. We do not have any obligation to return data to you after the Services are suspended or cancelled. Deleted data and content may be irretrievable.
  4. Security. The security of your Netstream Online Services password is very important. Together with your email address it can be used to access information about your data stored in our systems. You must make every effort to ensure that your password, and any record of it, is not misused, lost or stolen. You must tell us as soon as possible if your password is disclosed to a third party.

3. Fees and Charges

  1. Charges. You agree to pay the charge associated with use of the Services as detailed in your Data Services Agreement. The price stated for the Service excludes taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
  2. Your billing account. To pay the charges for the Services, SBS will issue you an invoice either:
    1. At the beginning of each month for recurring subscription services, or,
    2. At the beginning of a 12-month fixed term contract
  3. Automatic Renewal of 12-month fixed term contracts. Your Services renew automatically. Once we have informed you that the Services will be automatically renewed, we may automatically renew your Services and charge you for the renewal term. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
  4. Trial period offers. If you are taking part in any trial period offer, you must cancel the Services by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel your Services at the end of the trial period, we may charge you for the Services.
  5. Price changes. We may change the price of the Services at any time and will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the term.
  6. Refund policy. All purchases are final and non-refundable.
  7. Late payments. You must pay for all reasonable costs we incur to collect any past due amounts.

4. Additional Devices

  1. Additional meters. Additional meters and data loggers may be added to an existing Data Services Agreement at an additional cost.

5. Services Cancellation

  1. Terminating the Services. You may terminate the Services at any time and for any reason. You can do this by notifying us in writing.
  2. Data Retention. If your Services are cancelled or terminated (whether by you or us), your right to use the Services stops. If your Services are cancelled or terminated, we may permanently delete information associated with your account, including your meter data, from our servers. We are under no obligation to return any content to you.

6. Warranty and Support Services

  1. Downtime. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the services will be uninterrupted, timely, or error-free.
  2. Missing data. SBS is not responsible for loss of Services or missing data due to communications malfunctions, meter or other related equipment faults occurring at a customer’s site unless covered under a separate service agreement with SBS.
  3. Faults and Service Difficulties. Please tell us about any service fault or difficulty with any of these services by calling the SBS Data Services Helpdesk on 1300-638377 any business day between 09:00 to 17:30 (Sydney time), or by email data@smartbuildingservices.com.au. We will acknowledge your enquiry and respond within one business day.