Terms and conditions

Introduction

Welcome to Besy where you take control of your electricity! We’re excited to have you here but before you start using Besy, we do need you to look through and accept these terms. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us. 

To make things easier, you’ll find summary paragraphs at the top of each section to give you a heads up on what’s coming up. 

These are your legal rights and obligations, so please do read everything. If you can’t agree to our terms, then you can’t use our services. If you still have questions or comments after you’ve read these terms, please contact connectbesyenergy.

Last updated on 3 August 2022.

Joining and using Besy

In this section we explain how to subscribe to Besy and use our services. When you see a word in bold, it will have the same corresponding meaning every time it’s used within these terms.

  1. You and Besy: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say Besy, we, our or us, we’re talking about Incite Energy Pty Ltd, trading as Besy and Besy.Energy. 
  2. Our services: Our services consist of all the services we provide now or in the future, including our real-time distributed electricity prices, and our associated Application Programming Interfaces (APIs) and associated products and services.
  3. Creating a subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription.
  4. The right to use our services: As a subscriber we grant you the right to use our services for as long as the subscriber continues to pay for the subscription, until the subscription is terminated.
  5. Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it.
  6. Rules:  When you use Besy you agree to never:
    1. Undermine the security or integrity of our computing systems or networks.
    2. Use our services in any way that might impair functionality or interfere with other people’s use.
    3. Access any system without permission.
    4. Introduce or upload anything to our services that includes viruses or other malicious code.
    5. Share anything that may be offensive, violates any law, or infringes on the rights of others.
    6. Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
    7. Resell, lease or provide our services in any way not expressly permitted through our services.
    8. Repackage, resell, or sublicense any leads or data accessed through our services.
    9. Commit fraud or other illegal acts through our services.
    10. Act in a manner that is abusive or disrespectful to a Besy employee, partner, or other Besy customer. We will not tolerate any abuse or bullying of our employees in any situation and that includes interaction with our support teams.
  7. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that passwords are very strong and not easily guessable.
  8. When we introduce new or revised services: As we are regularly expanding the services included as part of Besy, updated services will come with additional terms. We’ll let you know what those terms are before you start using those services.
  9. What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

Pricing

Unless you’re in a free trial or other offer period, you’ll need to pay for a subscription. The pricing details and other terms of your subscription are explained when you select your plan.

  1. Trial subscriptions: If you were offered a free trial, it will be for a limited time period. If you choose to continue using our services after the trial, you’ll be billed.
  2. Besy pricing plans: Your use of our services generally requires you to pay an annual subscription fee of $5.00 plus GST for each location (or meter) you register.  Your subscription will auto-renew on the anniversary of your first registration.  You may cancel it at any time, but refunds for part year subscriptions will not be provided.  We may update the subscription amount, but won’t do so retrospectively and, we’ll notify you in advance. 
  3. Additional services: Depending on where you’re based and how you use our services, you may be able to take advantage of additional services that Besy offers – like electricity or equipment sales. These might incur an additional fee that we’ll let you know about when you sign up for those services.
  4. Importance of timely payments: In order to continue accessing our services, you need to make timely payments. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.

Third-Party Payments to Besy: Just so you know, some third-party providers may pay Besy a fee that may be related to: services Besy provides to them, referrals from Besy; revenue made by the provider; or data that the providers access about you through our services with your consent.

Data use and privacy

Besy uses your data to provide our services to you. Our Privacy Policy is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.

  1. Data use: You must not repackage, resell, or sublicense any leads or data accessed through our services.

Confidential information

We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.

  1. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.

  1. Account security features: We may introduce security features to make your account more secure, such as two-step authentication. If we do, we may require you to adopt some of these features or we make the use of security features optional. If we make a security feature available, we’re not liable for any consequences of you not using those features. We strongly encourage you to use all optional security features.
  2. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.

Maintenance, downtime and data loss

We really try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss.

  1. Availability: We strive to maintain the availability of our services, and provide online support, during business hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.
  2. Access issues: We jointly rely on the internet.  Occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time. 
  3. Data loss: Data loss is an unavoidable risk when using any technology.We will back up data but are not responsible should data be lost or not be available.
  4. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
  5. Problems and support: If you have a problem, contact connectbesyenergy

General

This section provides general do’s and don’t that we and you must follow.

Termination

You can terminate your subscription by providing written notice. We may terminate your subscription as well by providing one month’s notice. If you violate these terms, we may terminate your subscription immediately.

Liability and indemnity

This section outlines liability terms between us.

Disputes

This section outlines how disputes may be resolved.

Important housekeeping

Here we set out some additional terms. Take a read as they cover important issues.