Formbay Solar

Update includes additional terms for inclusion of NSW PDRS battery scheme in the Formbay platform

Formbay Terms and Conditions

Welcome to Formbay! We provide a cloud-based platform available on desktop or mobile applications for job management and trading (Trading Account) and Installer Verification (Installer App) (collectively referred to here as Platform) within the Australian Renewable Energy Target (RET) framework, specifically focusing on the Small-scale Renewable Energy Scheme (SRES). Formbay acts as a Small-scale Technology Certificate (STC) agent, facilitating the creation, validation, and trading of STCs. These certificates are generated when eligible renewable energy systems, such as solar photovoltaic installations, are installed. For battery installations, in NSW, our Platform facilitates compliance assessment and audit reporting in collaboration with Accredited Certificate Providers (ACPs), who are responsible for creating and issuing Peak Demand Reduction Certificates (PRCs).

In these Terms, when we say you or your, we mean users with a Trading Account or an Installer Verification Account and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Formbay Trading Pty Ltd (ACN 146 464 995).

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: support@formbay.com.au.

These Terms were last updated on 1 October 2024.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

clause 11 (Liability) which sets out exclusions and limitations to our liability under these Terms.
Clause 4 (Potential Breach, Suspension and Termination) which sets out circumstances where we may suspend or terminate your access to the Platform;
Clause 5.9 (Price Selection) which sets out that once you have selected an Offer Price for an STC Application it is irrevocable and cannot be changed; and
Clause 5.12 (Payment of Invalid STCs) which sets out when you may be required to refund a STC Payment to us and when we are entitled to withhold or set off or withhold money payable to you.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

Engagement and Term
1. These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.
2. You must be at least 18 years old to use our Platform.
3. Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.
Accounts
Installer Account
1. You must sign up for an Account in order to access and use our Platform. To sign up for an Installer Account you must submit an Online Registration Form that includes:
  1. your name and address detail
  2. your electrical or plumbing license number and any other relevant credential information and
  3. a photograph of your driver’s license (front and back).
2. It is an essential condition of you being granted access to the Installer App that you (or your nominated installer as the case may be):
  1. are over 18 years old;
  2. are an accredited Installer or licensed electrician or plumber in Australia;
  3. upload visual evidence of your accreditation or license; and.
  4. provide proof-of-identity to corroborate the visual evidence in clause 2.2(c).
3. You must not share the password of or permit any other person to access your Installer Account.
4. Any use of the Installer App by any person other than the registered installer is a breach of this Agreement.
5. To sign up for a Trading Account you must submit an Online Registration Form that includes:
  1. 2FA;
  2. the signature of at least 1 director;
  3. Director Identification Numbers;
  4. an executed personal guarantee;
  5. your bank details to facilitate payment; and
  6. any other documentation we may reasonably require as indicated in the Online Registration Form.
6. You will not be able to use your Trading Account until we have received and verified all documentation required as part of the Online Registration Form.
7. We may at our discretion accept or deny your application to create an Account.
8. You may invite Authorised Users to access and use our Services under your Account. Each of your Authorised Users will require a login (which is linked to your Account), in order to access and use our Platform. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using our Platform. Any limitations on the number of Authorised Users you can have will be set out in your Account or on our Platform.
9. While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):
  1. keep your information up-to-date (and ensure it remains true, accurate and complete);
  2. keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
  3. notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
10. If you require changes to your bank details, you must contact us directly to make this change
11. You agree to provide evidence as required by us to confirm your identity, to ensure that the registered account owner is also the owner of the nominated bank account.
Our Services
1. Subject to your compliance with these Terms, we will provide you with access to our Platform which enables some or all of the following features, depending on your use requirements (our Services):
2. For solar:
  1. Solar Installer Verification: The electronic documentation of installation and verification of panel serial numbers;
  2. Creation of STCs: The creation, processing and selling of Small Scale Technology Certificates (STCs); and
  3. STC Trading: The processing and assignment of all STC rights to your own REC Registry Agent account to trade the STCs on the market yourself
3. For battery:
  1. NSW Battery Installation Verification: Facilitating compliance assessment and audit reporting in collaboration with ACPs;
  2. Creation of PRCs: The creation, processing and approval or rejection of PRCs by the ACP; and
  3. PRC Trading: If the PRC is approved, facilitating the sale of the PRC on the Platform at a price set by the ACP.
4. Our Services do not constitute, and are not a substitute for regulatory advice.
5. We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform
6. Battery Installer Verification
  1. You represent and warrant that:
    1. you (or your nominated Installer as the case may be) will only use the Installer App for the permitted purpose; and
    2. you (or your nominated Installer as the case may be) must be trained and accredited by a recognised ACP.
  2. You acknowledge and agree that:
    1. while we provide the Platform to facilitate compliance assessment and audit reporting, the Installer is solely responsible for ensuring compliance with all relevant standards, regulations and ACP requirements. The ACP is responsible for verifying compliance and approving the battery Installation. Our role is limited to providing the technological means through the Platform to facilitate this process. We do not make any determinations regarding compliance or approval of battery installations;
    2. you acknowledge that while our Platform facilitates data collection and verification for battery installations, the creation and issuance of PRCs is solely the responsibility of the ACP
    3. you and the ACP must enter into a separate contractual relationship to set out the rights and responsibilities of the parties outside of your use of our Platform;
    4. the pricing of PRCs and payments to you for the PRC is entirely the responsibility of the ACP
    5. By selecting and registering with an Accredited Certificate Provider (ACP) through the Formbay platform, you expressly authorize Formbay to transmit and share all relevant information, data, and evidence necessary for your registration with the ACP. Furthermore, you consent to Formbay sharing your payment and banking details with the ACP to facilitate payments to you in connection with the processing and issuance of Peak Demand Reduction Certificates (PRCs).
    6. You acknowledge and agree that Formbay will issue a Recipient Created Tax Invoice (RCTI) on behalf of your ACP for payments made to you by the ACP in respect of PRCs created on the Formbay platform. However, Formbay bears no responsibility for making any payments associated with the PRCs; this obligation rests entirely with the ACP. By registering with the ACP, you accept and agree to this arrangement.
7. Solar Installer Verification
  1. You represent and warrant that on each occasion your Installer Account is accessed, and in relation to each STC Application uploaded to the Formbay Installer App
    1. you are using the Installer Account;
    2. each piece of data is true and correct;
    3. you scanned any product identifying barcodes properly; and
    4. the system eligible for verification (Eligible System) was installed in compliance with the RET Legislation.
  2. an accredited Installer either
    1. installed the Eligible System; or
    2. attended the installation of the Eligible System at the beginning, middle, and end of the installation, and you have verifiable photographic proof of this happening.
  3. You represent and warrant that in relation to every STC Application uploaded from your Installer Account, that
    1. you, or your nominated Installer, complied with all relevant Australian Standards when installing the Eligible System;
    2. you, or your nominated Installer, complied with the CEC or Solar Accreditation Australia (SAA) Code of Conduct;
    3. you, or your nominated Installer, followed the CEC or SAA Compliance Procedure; and
    4. you, or your nominated Installer, followed the CEC or SAA Accreditation Guidelines.
      Installation Inspection:
  4. You acknowledge and agree that:
    1. we may, at our sole discretion, conduct Inspections of Eligible Systems at the Installation Address; System;
    2. we may communicate with the Owner of the Eligible System installed by You (or your agents/contractors/employees);
    3. you will indemnify us for any direct or indirect loss (whether in contract, tort, statute or otherwise) due to any defective Installations.
  5. In addition to the above, you agree that:
    1. we or our authorised representatives may collect and monitor Energy Production Data from Eligible Systems;
    2. for Eligible Systems including battery installations, you will provide evidence that the system is operational and connected to the grid as required by applicable RET Legislation;
    3. these monitoring and Inspection activities are necessary to comply with RET Legislation, including but not limited to the CER's inspection program.
  6. You agree to cooperate fully with any Inspection, monitoring, or verification requests from us or the CER. Failure to comply may result in us exercising our rights under clause 4 (Potential Breach, Suspension and Termination) of these Terms.
  7. You acknowledge and agree that we may change the requirements to verify installation from time to time, by providing notice to you on the Platform.
  8. All personal and sensitive information collected while using the Platform, will be treated in accordance with our Privacy Policy, available on our website.
8. Creation of STCs
  1. To create an STC on our Platform, the installer must, , use the Platform to get the Owner to complete a form that assigns all rights to and title in the creation and ownership of the STCs to us in accordance with the RET Legislation (STC Assignment Form).
  2. You must then submit the Assignment Form and all other relevant Data to us for review (STC Application)
  3. When you submit an STC Application you have the option to either sell the STC rights:
    1. before they have been created (Pre-Created Trade);
    2. after the STC Application has been approved by the CER (Created Trade).
  4. You acknowledge and agree that it is your responsibility to ensure the STC Application is correct and compliant. Any failure to upload correct and complete Data will result in delays or failure to the STC approval process.
  5. If we receive or you submit an STC Application 11 or more months after the installation date of the eligible installation, we will use best endeavours to process such STC Application but you acknowledge that it is the CER’s role to formally approve and register any STC following payment by us of the registration fee. In such instances, we may pay a reduced STC Payment or hold/vary any such STC Payment. If such delayed STC Application is not approved by the CER for any reason and is failed by the CER or us, we have no liability to you.
  6. You agree to indemnify and hold us harmless against any direct or indirect loss (whether in contract, tort, statute or otherwise) you may incur for:
    1. your application being incorrect or incomplete;
    2. the CER not approving and registering such STCs;
    3. the CER retroactively rejecting an approved STC;
    4. expiry; or
    5. your access to the Platform or Installation App being suspended or terminated for any reason.
  7. By creating an STC Application on the Platform, you legally assign to us all right and title in the STCs.
  8. Holding of STCs: You agree that we may choose, in our sole discretion, to hold the value of all STCs created on the Platform, as a combination of STCs in our REC-Registry Account and cash in an Authorised Deposit Taking Institution as defined in the Banking Act 1959 (Cth), the Reserve Bank or a State Bank.
9. STC Application Approval
  1. We will review the STC Application to make sure it will meet the CER requirements. We will then lodge the STC Application with the CER for approval.
  2. We may conduct Inspections, monitor Energy Production Data, and verify battery installations for any Approved STC Application. You agree to cooperate fully with such activities and provide necessary access and information
  3. You acknowledge and agree that while we use reasonable best efforts to ensure the STC Application is approved quickly, we have no control over how long it may take for the CER to approve the STC Application.
  4. Once an STC Application has been approved (Approved STC) by CER you will receive an automated SMS and notification within the Platform.
  5. You are responsible for promptly responding to any contact the CER makes directly with you.
10. STC Application Rejection
  1. The CER may reject the STC Application for errors or on suspicion of fraud, as set out in the RET Legislation.
  2. If an Inspection, Energy Production Data monitoring, or battery installation verification reveals non-compliance with RET Legislation or these Terms, we may reject the STC Application or revoke an Approved STC Application.
  3. If the CER rejects the STC Application due to it containing an error, you may, with our assistance, re-create the STC Application with corrections and re-submit it for review.
  4. If the CER conducts or authorises a third party to conduct an audit in accordance with the RET Legislation in respect of any of your STC Application we may supply supporting documentation such as photos, the Signed STC Assignment Form and barcode panels to the CER.
  5. If the STC Application is rejected for a Potential Breach, refer to clause 4.1 below.
Potential Breach, Suspension and Termination
1. Solar Potential Breach
  1. Any of the following instances will be considered a Potential Breach:
    1. where we are notified by the CER or RET Scheme Accreditation Provider that you or an Installer, your retailer (where you are an installer), a manufacturer of products used or for use in your installation, or a related party has breached or is under investigation for potentially breaching the RET Legislation, OH&S Laws, or Industry Guidance; or
    2. where we reasonably believe you have breached the RET Legislation, OH&S Laws, Industry Guidance or these Terms.
  2. If a Potential Breach occurs, and in our reasonable opinion cannot be resolved (Actual Beach), then we may
    1. hold, vary and/or cancel any Offered Price or the submission of any STC Application to the CER and
    2. suspend your access to your account and apply as required our rights to refund and or off-set
  3. If a Potential Breach occurs to an STC Application where we have already made the STC Payment, refer to clause 5.12.
  4. You acknowledge and agree that we are not liable for any loss you may suffer as a result of a Potential Breach or an Actual Breach.
2. Solar and Battery Suspension and Termination
  1. You acknowledge and agree that if we reasonably suspect that you, your Authorised Users or an Installer has breached the RET Legislation, Industry Guidance or these Terms, we may immediately suspend your access to the Platform.
  2. You will have 14 days from notification of suspension in clause 4.2(a) to provide satisfactory evidence to us that Your Account should not be suspended. If you are unable to provide such evidence within this timeframe, we may terminate these Terms and your access to the Platform.
  3. We reserve the right to extend the amount of time required for us to investigate a Potential Breach.
  4. We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform).
  5. We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:
    1. you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
    2. you or your Authorised Users breach these Terms and that breach cannot be remedied; or
    3. you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
  6. You may terminate these Terms if:
    1. we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
    2. we breach these Terms and that breach cannot be remedied.
  7. You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 12.8), and termination will take effect immediately.
  8. Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
  9. Termination of these Terms will not affect any other rights or liabilities that we or you may have.
Payments
Solar Licence Fee
1. In consideration for using the Platform, you must pay us a licence fee, as set out on the Platform, for each STC Application submitted to us (Licence Fee). The Licence Fee includes the registration fee imposed by the CER per STC. The Licence Fee and applicable Taxes will be deducted from the STC Payment payable by us under clause 5.4.
2. Regardless of the outcome of your STC Application, we reserve the right to charge the Licence Fee and you agree to pay such fee on demand and/or set off such amounts against future uploaded STC Applications.
3. Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
4. We will make a payment to you when you submit an STC Application, based on the Offered Price and the type of trade you select in clause 3.8(c) minus the applicable Licence Fee (STC Payment). The STC Payment we make to you will be minus the applicable Licence Fee owed to us.
5. You may, between the hours of 9 am and 3 pm on business days, select an Offered Price for an STC Application. The Offered Price available on the Platform may differ depending on the age of the STC Application.
6. We may at our sole discretion, accept or reject the Offered Price you select.
7. If you have selected an applicable Offered Price:
  1. before 3pm on a business day, we will pay you the STC Payment on the same business day; or
  2. after 3pm on a business day, we will pay you the STC Payment the following business day,
  by direct deposit into your bank account, less the applicable Licence Fee and Taxes.
8. If you have selected an applicable Offered Price by direct deposit into your bank account, less the applicable Licence Fee and Taxes.
9. Once you have selected an Offer Price for an STC Application it is irrevocable and cannot be changed.
10. You acknowledge and agree that due to the potentially long CER processing times for uploaded STC Applications in respect of eligible STCs. We may, in preference at our absolute discretion withhold providing an Offered Price for an STC Application until a later date.
11. If you do not select an Offered Price for an Approved STC within 12 months from the date that the Approved STC is listed in the REC Registry, you agree that we may sell any Approved STC to a buyer without further notice to you. We will pay the STC Payment with respect to such Approved STC calculated based on the then current Offered Price for such Approved STC published on the Platform less any applicable unpaid Licence Fee. We will send you an automated email reminder after 11 months from the date that the Approved STC is listed in the REC Registry.
12. If we pay make an STC Payment to you at any point, for any stage of STC, and the STC Application is found to be invalid or is affected by a Potential Breach or an Actual Breach, then:
  1. you must immediately refund to us any STC Payment received by you for such STC Application;
  2. the Licence Fees or other amounts paid or deducted with respect to the STC Application is not refundable to you;
  3. you are solely responsible to claim a refund or rebate of any Taxes (if applicable) from relevant taxation authorities;
13. For NSW battery installations, we will submit weekly invoices to the relevant ACP for a percentage of each certificate processed through our Platform.
Platform Licence
1. While you have an Account, we grant you and your Authorised Users a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.
2. You must not (and you must ensure that your Authorised Users do not):
  1. access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
  2. interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;
  3. introduce any viruses or other malicious software code into our Platform;
  4. use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform;
  5. attempt to access any data or log into any server or account that you are not expressly authorised to access;
  6. use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
  7. circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
  8. access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
  9. use the Platform or Installer App for any other use other than collection and submission of STC application data or for internal solar installation planning or project management.
Availability, Disruption and Downtime
1. While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
2. Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
3. We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services
Intellectual Property and Data
1. We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.
2. We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
3. We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to a third party such as CER) to:
  1. supply our Services to you and your Authorised Users (for example, to enable you and your Authorised Users to access and use our Services), and otherwise perform our obligations under these Terms;
  2. diagnose problems with our Services;
  3. improve, develop and protect our Services;
  4. send you information we think may be of interest to you based on your marketing preferences;
  5. perform analytics for the purpose of remedying bugs or issues with our Platform; or
  6. perform our obligations under these Terms (as reasonably required).
4. You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks
5. You are responsible for (meaning we are not liable for):
  1. the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and
  2. backing up Your Data.
6. When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
7. If you do not provide Your Data to us, it may impact your ability to receive our Services.
Confidential Information and Personal Information
1. While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
2. However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so
3. We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.
4. You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
5. We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
6. Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
Consumer Law Rights
1. In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
2. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If our Platform is not ordinarily used for personal, household or domestic use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost of having our Services resupplied.
Liability
1. To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
  1. your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
  2. any use of our Services by a person or entity other than you or your Authorised Users.
2. Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
  1. neither we or you are liable for any Consequential Loss;
  2. a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
  3. (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
  4. our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to at our option
    1. a maximum value of AU$1,000; or
    2. resupply of the Services
General
1. Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
2. Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
  If the Dispute is not resolved at that initial meeting:
  1. where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
  2. where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, NSW, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
3. Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
4. Governing law: These Terms are governed by the laws of NSW, and any matter relating to these Terms is to be determined exclusively by the courts in NSW and any courts entitled to hear appeals from those courts.
5. Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
6. Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
7. Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
8. Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
9. Survival: Clauses 8 to 4 will survive the termination or expiry of these Terms.
10. Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.
Definitions
1. In these Terms:
  Account means an account accessible to the individual or entity who signed up to our Services, under which Authorised Users may be granted with access.
  
  ACP means an Accredited Certificate Provider approved by the Independent Pricing and Regulatory Tribunal of NSW (IPART).
  
  Authorised User means a user that you have invited to use the Platform through your Account and may include an installer.
  
  CEC means the Clean Energy Council.
  
  CER means the Australian Government’s Clean Energy Regulator, an independent FMA Agency that administers and enforces the RET Legislation.
  
  Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use of, and/or loss or corruption of data, whether under statute, contract, equity (including negligence) or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.
  
  Energy Production Data means data relating to the energy generated by an Eligible System.
  
  Industry Guidance means information, data and materials in relation to clean energy industry commonly uses to assess materials, contractors and/or products, such as any list that the installers, approved makes and models, products, and inverters that is published by a reputable industry body such as the CER, CEC or other such body.
  
  Inspection means a physical examination of an Eligible System at the Installation Address by us or our authorised representatives.
  
  Installer means CEC accredited designer, installer and/or electrician responsible for the design and/or installation of an eligible small-generation unit (SGU) under the RET Legislation.
  
  Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
  
  Online Registration Form means the form that you must complete to create an Account on the Platform.
  
  Offered Price means the applicable price published on the Platform from time to time, for an STC Application less the Licence Fee.
  
  Owner means the owner or legal occupier of the installation address where you or the Installer has installed an SGU in accordance with RET Legislation.
  
  PRCs or Peak Reduction Certificates means the tradeable certificate created for battery installations by the ACP as defined under the Electricity Supply Act 1995 (NSW).
  
  Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
  
  OH&S Laws means all federal and state laws in respect of work health and safety, such as the Work Health and Safety Act 2011 (NSW), Work Health and Safety Regulation 2011 (NSW), and codes of practice and other corresponding laws in the state where the SGU/SWH is installed by You.
  
  Platform means our cloud-based platform that we provide you with access to as part of the Services.
  
  REC-Registry means the CER's internet-based registry system that is required by the RET Legislation for the submission, registration, creation and trading of STCs.
  
  REC-Registry Account means an account with the CER under the RET Legislation for the submission, registration, creation and trading of STCs.
  
  RET Legislation means the Renewable Energy (Electricity) Act 2000 (Cth), Renewable Energy (Electricity) Regulations 2001 (Cth), CER, CEC, Australian Solar Council, and/or REC Agents Association guidance.
  
  Services means the services we provide to you, as detailed in clause 3.STC. A small-scale technology certificate under the RET Legislation includes an STC Application.
  
  STC Application means either a draft STC Application, submitted STC Application, an uploaded STC Application and/or an Approved STC Application.
  
  Taxes means all applicable taxes, levies, duties, charges, deductions and withholdings and similar imposts imposed by law or by any government agency or statutory body including income tax, valued added tax, GST, sales tax, business tax, withholding tax, fringe benefits tax, undistributed profits tax, financial institutions duty, stamp duties and any interest or penalty imposed about any of the preceding items.
  
  Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.

Formbay Trading Pty Ltd – Privacy Policy

Last updated: 16 September 2024

Formbay Trading Pty Ltd (ABN 31 146 464 995) (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you.

This Privacy Policy takes into account the requirements of the Privacy Act 1988 (Cth). In addition to the Australian laws, individuals located in the European Union or European Economic Area (EU) may also have rights under the General Data Protection Regulation 2016/679 and individuals located in the United Kingdom (UK) may have rights under the General Data Protection Regulation (EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018) (together, the GDPR). Appendix 1 outlines the details of the additional rights of individuals located in the EU and UK as well as information on how we process the personal information of individuals located in the EU and UK.

This Privacy Policy was last updated on 19 April 2024.

The information we collect

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

The types of personal information we may collect about you include:

Identity Data including your name, age, profession, photographic identification, and gender.
Contact Data including your telephone number, address and email.
Financial Data including bank account and payment card details (where applicable), through our third party payment processor, who stores such information and we do not have access to that information).
Background Verification Data including your government-issued identification details, director identification number, or relevant licence numbers requested as part of our verification process to comply with our due diligence obligations, anti-money laundering laws and related ongoing monitoring commitments.
Location Services Data including your precise or approximate location. We collect this information when you do business with us, including when our mobile application is being used or where an installation is completed on your premises. If you do not want us to use your location for the purposes above, you should turn off the location services in your mobile phone settings. If you do not provide geolocation data to us, it may affect our ability to do business with you.
Installation Data including details about any system or equipment installed at your premises, and information relating to the monitoring and inspection of such installations.
Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies), and communications with our website.
Profile Data including your username and password for Formbay, profile picture, applications you’ve logged, and support requests you have made.
Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.
Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. In the course of doing business with you, we may collect, or come across such sensitive information in different situations, including collecting biometric data including where we collect a photo of your face for anti-fraud purposes.

How we collect personal information

We collect personal information in a variety of ways, including:

when you provide it directly to us, including face-to-face, over the phone, over email, or online;
when you complete a form, such as registering for any events or newsletters, or responding to surveys;
when you use any website we operate (including from any analytics and cookie providers or marketing providers. See the “Cookies” section below for more detail on the use of cookies);
from third parties; or
from publicly available sources.

Why we collect, hold, use and disclose personal information

We have set out below, in a table format, a description of the purposes for which we plan to collect, hold, use and disclose your personal information.

Purpose of use / disclosure	Type of Personal Information
To enable you to access and use our software, including to provide you with a login.	Identity Data Contact Data
To assess whether to verify you as a new user, including to perform anti-money laundering, fraud and other background checks on you.	Identity Data Contact Data Background Verification Data
To inspect and monitor the system installed at your premises to ensure it is operational and producing power	Identity Data Location Services Data
To do business with you, including to manage and assess the STC applications you log using our platform.	Identity Data Contact Data
To provide our services to you, including to monitor the progress of an installation, to verify the execution of forms on the platform, to prevent and detect fraud and as permitted by law.	Location Services Data
To contact and communicate with you about our business, including in response to any support requests you lodge with us or other enquiries you make with us.	Identity Data Contact Data Profile Data
To contact and communicate with you about any enquiries you make with us via any website we operate.	Identity Data Contact Data
For internal record keeping, administrative, invoicing and billing purposes.	Identity Data Contact Data Financial Data Transaction Data
For analytics, market research and business development, including to operate and improve our business, associated applications and associated social media platforms.	Profile Data Technical and Usage Data
For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you.	Identity Data Contact Data Technical and Usage Data Profile Data Marketing and Communications Data
To run promotions, competitions and/or offer additional benefits to you.	Identity Data Contact Data Profile Data Interaction Data Marketing and Communications Data
If you have applied for employment with us, to consider your employment application.	Identity Data Contact Data Professional Data
To comply with our legal obligations or if otherwise required or authorised by law.	Any relevant Personal Information
Sensitive information: We only collect, hold, use and disclose sensitive information for the following purposes: any purposes you consent to; the primary purpose for which it is collected, the creation and validation of environmental certificates, including small-scale technology certificates (STCs); secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to do business with you; to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and if otherwise required or authorised by law.	Sensitive Information

Our disclosures of personal information to third parties

Personal information: We may disclose personal information to:

our employees, contractors and/or related entities;
IT service providers, data storage, web-hosting and server providers;
marketing or advertising providers;
professional advisors, bankers, auditors, our insurers and insurance brokers;
payment systems operators or processors;
our existing or potential agents or business partners;
sponsors or promoters of any promotions or competition we run;
if we merge with, or are acquired by, another company, or sell all or a portion of our assets, your personal information may be disclosed to our advisers and any prospective purchaser’s advisers and may be among the assets transferred;
courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties to collect and process data, such as analytics providers and cookies; and
any other third parties as required or permitted by law, such as where we receive a subpoena.

Google Analytics: We have enabled Google Analytics Advertising Features. We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together. These cookies and identifiers may collect Technical and Usage Data about you.

You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.

To find out how Google uses data when you use third party websites or applications, please see here.

Overseas disclosure

We store your personal information in Australia. Where we disclose your personal information to our employees or third parties, those parties may store, transfer or access personal information outside of Australia, including but not limited to, India, Germany and Sweden. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

Analytical/performance cookies. These are cookies that allow us to recognise and count the number of visitors to our online Services and to see how visitors move around our website when they are using them. This helps us to improve the way our website work, for example, by ensuring that users find what they are looking for easily.

Functionality cookies. These are used to recognise you when you return to our website. These cookies enable us to personalise our content for you and remember your preferences (for example, your choice of language or region).

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie	Purpose
Currency	This cookie stores the currency used for the website (AUD)
Language	This cookie stores the language used for the website (English)
PHPSESSIONID	This cookie contains a unique ID to support functions (for example last viewed products) to improve user experience
newsbcsub	This cookie is stored once the user has completed or closed the Register Pop Up, preventing it from re-appearing until after 7 days
TLSCookiesEU	This cookie tracks when a user has accepted that the website use cookies preventing the popup from being displayed again during that session
_ga / _gid / _gat	These cookies are used by our Google Analytics account to track customer traffic through the website to help us understand how our website is being used by our customers

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact us at:

Formbay Trading Pty Ltd (ABN 31 146 464 995)

Email: support@formbay.com.au

Quality Policy

The continuing Policy of Formbay Trading Pty Ltd is to provide a high quality, professional and efficient service to ensure the satisfaction of all of the requirements of our clients. This achievement will result in securing efficiency, a strong customer focus and enhancement of long-term sustainability and profitability within the Organisation.

The Management Team will show leadership and commitment, and bear the responsibility for establishing, implementing, integrating and maintaining the Quality Management System.

We undertake to ensure sufficient resources are made available within the Organisation to achieve this. We undertake to ensure through communication, engagement, practical example and training that Quality is the aim of all members of the Organisation.

Through direction and support, each employee will have a proper understanding of the importance of the Quality System function, their responsibility to contribute to its effectiveness, and its direct relevance to the success of the Organisation.

Equally, every employee is responsible for, and will be trained to perform the duties required by his or her specific role.

The Organisation has a Policy of promoting continual improvement and setting of Quality Objectives in line with the framework laid down within ISO 9001:2015 Standard. These objectives will address the risks and opportunities within the Organisation as determined by Top Management.

We hereby certify that this Quality Manual and the Standard Operating Procedures Manual accurately describes the Quality System in use within the Organisation to meet the requirements of ISO 9001:2015.

The Quality System will be monitored, measured, evaluated and enhanced regularly under the Top Management’s ultimate responsibility, with regular reporting and communication of the status and effectiveness at all levels.

Signed: Daniel Sullivan

Position: Managing Director

Date: 27/04/2020