24. Definitions
In this Agreement, unless the contrary intention appears:
‘Act’ means the Electricity Act 1996 (SA) and including the Regulations.
‘Agreement’ this agreement consisting of these Services Terms (as updated from time to time) and the Appointment Form.
‘Appointment Form’ means the ‘Relevant Agent Appointment and Agreement for the Supply of Services’ document signed by the Customer.
‘Commencement date’ means the later of the date of installation of the Solar Generation Plant or the date of issue of the Electronic Certificate of Compliance.
‘Customer’ means the person identified as the ‘Customer’ on the Appointment Form.
‘Designated Electricity Generating Plant’ means an electricity generating plant designated by the Minister as a designated electricity generating plant for the purposes of the Regulations.
‘Distribution Network’ has the same meaning as defined in section 4 of the Act.
‘Electronic Certificate of Compliance’ means the electronic certificate of compliance issued under the Act to the Customer in respect of the Solar Generation Plant.
‘Insolvency Event’ means in relation to a party any of the following events:
24.1 where the party is a company – if there is appointed or if steps are taken to appoint a liquidator, receiver, manager, controller or an administrator over the whole or any part of its affairs;
24.2 where the party is an individual – if it enters into a scheme of arrangement with its creditors, commits any act of bankruptcy or becomes bankrupt, or becomes incapable of managing its own affairs.
‘Intellectual Property Rights’ means all intellectual property rights including:
24.3 patents, trade marks, service marks, rights in designs, trade names and copyrights (including future copyright), business names, designs, in each case whether registered or not, and any applications prepared for registration, lodgement or pending, of any of them;
24.4 rights under licences, authorities and consents in relation to any of them;
24.5 trade secrets and confidential information; or
24.6 all forms of protection of a similar nature or having equivalent or similar effect to any of them which may subsist anywhere in the world;
‘Fee’ means the fees payable for the Services (which may be updated form time to time in accordance with this Agreement), with the initial fee specified in the Appointment Form.
‘GST’ means any tax, levy, charge or impost implemented under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
‘Personnel’ of a party means officers, employees, third party agents and third-party contractors of that party, and includes an officer, employee or agent of a related body corporate of that party;
‘Regulations’ means the Electricity (General) Regulations 2012 (SA);
‘Relevant Agent’ has the same meaning as defined in the Regulations;
‘Services’ means the services required to be undertaken by the Company to carry out its role as Relevant Agent of the Customer pursuant to the Regulations and associated requirements;
‘Solar Generating Plant’ means the solar electricity generating plant located at the Property over which the Customer has granted the Authorisation and to which the Services relate.
‘SolarTrak Control Technology’ means the control technology (or any replacement thereof) that is connected to the Solar Generating Plant;
‘Technical Regulator’ means the South Australian Office of the Technical Regulator (or any replacement authority).