‘Agent’ means a licensed estate agent within the meaning of the Estate Agents Act 1980 (including an agent’s representative) who is engaged or appointed to do estate agency work for the Customer;
‘Agreement’ means the application form submitted by the Customer for the provision of Services by CD and the Terms;
‘CD’ means Connect Develop Pty Ltd ABN 62 168 093 749 trading as Connect Express and its permitted successors and assigns;
‘Customer’ means the person, firm or corporation, jointly and severally if there is more than one, acquiring the Services;
‘Premises’ means the Customer’s premises to be supplied/connected as specified in the Agreement;
‘Recommended Service Providers’ means the service providers with whom CD has integrated systems, allowing CD to monitor the connection process.
‘Services’ means the services supplied by CD to the Customer in arranging for the connection and disconnection of the utility services and provision of other services; and
‘Terms’ means these terms and conditions.
2.1 The Terms apply to every contract for the supply of Services by CD to the Customer.
2.2 By entering into the Agreement, the Customer authorises and appoints CD to provide the Services.
2.3 The Agreement is accepted by CD when CD confirms its acceptance of an offer or supplies the Customer with the Services.
2.4 CD in its absolute discretion may refuse to accept any Agreement.
2.5 It is the Customer’s responsibility to provide CD with its specific requirements in relation to the Services.
2.6 CD may vary or amend these Terms by notice in writing to the Customer at any time.
3.1 By signing the Agreement, the Customer invites CD to contact the Customer by any means (including by email, telephone or SMS even if the Customer’s telephone number is on the Do Not Call Register) in order to: (a) provide the Services to the Customer; (b) enter into negotiations with the Customer relating to the supply of the requested utilities or other services as agent for service providers; and © market or promote any of the utilities and other services listed in the Agreement.
This consent will continue for a period of 1 year from the date the Customer enters into the Agreement.
4.1 The Customer does not pay any fee to CD for the supply of the Services.
4.2 The Customer will be solely responsible for all amounts payable in relation to the connection and/or supply of the utility or other services including all standard connection fees and deposits required by various utility or other service providers.
4.3 The Customer is solely responsible for any additional service fees that may be imposed by utility or other service providers for any urgent or after hours connections.
4.4 CD, its associates, agents and contractors may receive a fee from a provider of services and such fee will not be rebated to the Customer.
4.5 The Agent may receive a fee from CD in connection with the provision of the Services.
5.1 The Customer acknowledges that the utility and other services will be activated according to any applicable regulations relevant to the utility and other service providers.
5.2 The Customer accepts the time frames and terms and conditions of the selected utility and other service providers.
6.1 Where, at CD’s option: (a) the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or (b) the Customer is a corporation and it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up, of the Customer, CD may cease or suspend for such period as CD thinks fit, the supply of any further Services to the Customer and may by notice in writing to the Customer, terminate any Agreement with the Customer so far as unperformed by CD.
7.1 Any period or date for connection, disconnection or provision of Services stated by CD is intended as an estimate only and is not a contractual commitment. CD will use its best reasonable endeavours to meet any estimated dates for connection, disconnection or completion of the Services.
8.1 The Customer must provide the relevant suppliers, utility companies and other service providers and their equipment, safe, suitable and unhindered access to the Premises to read and maintain the meters, allow the connection and disconnection of the nominated utilities and carry out other necessary testing and repairs.
8.2 CD may obtain the National Metering Identifier and/or the Meter Installation Reference Number for the Premises to obtain supply details.
9.1 CD does not warrant or guarantee the quality, frequency and continuity of supply of the utility services to the Premises. CD shall not be liable for any claims with respect to quality, frequency, continuity or reliability of supply of the utility services, including but not limited to, inadequate pressure and interruptions.
9.2 If the delivery of the Services is delayed or prevented by circumstances caused by the Customer, including that the Customer is not able to accept delivery or has the electricity main switch or switches on at the time of connection, CD shall not be liable.
9.3 To the extent permitted by law, CD shall not be liable for any loss or damage to any person or property as a result of the provision of the Services or any act or omission by the utility or other service provider or for any loss caused by or in connection with any delay in, or failure to connect or disconnect or provide the requested utilities or other services.
9.4 To the extent permitted by law, liability arising under or in connection with the description, quality, performance or fitness for purpose of the Services is limited to the re-supply of the Services.
9.5 To the extent permitted by law, CD is not liable for any direct or indirect or consequential losses or expenses suffered by the Customer or any third party, as a result of the provision of the Services, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
9.6 To the extent permitted by law, CD is not liable for any loss or damage suffered by the Customer where CD has failed to meet any delivery or connection date or cancels or suspends the supply of Services.
9.7 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of attempting to exclude, restrict or modify the application of any State or Federal legislation applicable to the provision of Services that cannot be excluded, restricted or modified.
10.1 The Customer must not do anything that will cause harm or impose any liability on CD.
10.2 The Customer indemnifies CD for any claims against CD, including those from third
parties, and for all losses, damages and liabilities CD may suffer or incur in connection with any claims which arise as a result of any act or omission by the Customer or the utility or other service provider.
10.3 The Customer will be solely responsible for all amounts payable in relation to the connections and/or supply of the utility or other services.
11.1 If, through circumstances beyond its control, CD is unable to effect delivery or provision of the Services, then CD may, at its option, suspend its obligations or cancel the Customer’s Agreement (even if it has already been accepted) by notice in writing to the Customer.
11.2 If this clause 11 applies, to the extent permitted by law, CD has no obligations or liability to the Customer arising under the Agreement or the Terms.
12.2 CD is authorised to provide any information disclosed by the Customer to a supplier or potential supplier of utility or other services or in relation to such services for the purpose of providing the services, completing the connections or disconnections and to obtain any information necessary in relation to such services.
12.3 CD will endeavour to answer any queries and resolve any disputes in relation to the connection services in a timely manner. All queries of a technical nature in relation to the utility or other services must be directed to the relevant service provider.
13.1 The laws of Queensland, as amended from time to time, governs the Agreement and the parties agree to the exclusive jurisdiction of the courts and tribunals of Queensland, the Federal Court of Australia, and courts entitled to hear appeals from those courts and tribunals.