Eniscope Software as a Service Terms
Last Updated April 2024
These Terms and Conditions ("Agreement") govern the use of the Eniscope Software as a Service ("Service") provided by Best.Energy (Best Energy Ltd) (“SaaS Provider”) and distributed by OptiSave Energy (OptiSave Energy Ltd) ("Reseller", “Us”) to the business or entity ("Client", “You”) that engages in the Service. By accessing the Service, the Client agrees to be bound by these Terms and Conditions.
Best.Energy Software as a Service Terms
OptiSave Energy is a licenced Best.Energy Partner, authorised to re-sell the SaaS Service as part of a range of energy monitoring and management solutions, utilising the Eniscope technology ecosystem.
By creating an account or by accessing or using the Services provided by Best.Energy You agree to acceptance of Best.Energy’s Eniscope SaaS Terms which can be found on their website at the following link https://www.best.energy/eniscope-saas-terms/.
OptiSave Energy Service Terms
In addition to the Best.Energy Eniscope SaaS Terms, the following OptiSave Energy Service Terms apply and shall take precedence where there is any conflict.
BILLING/PAYMENT TERMS
You will need to pay to OptiSave Energy the Eniscope SaaS Fees as set out in the fee schedule sent to You and acknowledged by You by placing an order.
The Eniscope Service Fees as set out in the fee schedule will be payable for a minimum period (e.g 12, 36 or 60 months) as specified in the schedule.
The minimum period will start on the date that You complete the Registration process detailed above for the Eniscope Service provided under the order that You have placed. Registration must be completed within twelve months of the date of the order You have placed; in the event that You do not complete the Registration process within twelve months the Eniscope Service will lapse.
The fees are payable in full even if You never use the Service, never complete the Registration process or don’t use it for the full term.
Additional features may be added to the Service and made available to You at an additional fee a ("Premium Service"). If You choose to subscribe to a Premium Service, You shall pay additional fees to OptiSave Energy as set out in the fee schedule sent to You and acknowledged by You by placing an order for such Premium Service.
Best.Energy may change its SaaS prices at any time without prior notice so OptiSave Energy reserves its right to change Your SaaS Fees accordingly. We will endeavour to provide reasonable advance notice via the OptiSave Energy website and/or electronic mail.
If You have opted to take up the Virtual Energy Management (VEM) Service for Us to identify areas where You can save energy and provide recommendations accordingly, the Eniscope SaaS Fees will be included in a combined monthly Service Fee payable by Direct Debit as set out in the fee schedule of the EMaaS Agreement. A completed and authorised Direct Debit mandate is required from You on placing of an order.
You agree that in the event OptiSave Energy is unable to collect the fees owed to OptiSave Energy for Your Account through Direct Debit, OptiSave Energy may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by OptiSave Energy in connection with such collection activity, including collection fees, court costs and lawyer's fees.
TERMINATION, BREACH, SUSPENSION AND CANCELLATION
If Your Eniscope Service Fee or Premium Service Fee payment is overdue, OptiSave Energy will request Best.Energy to disable Your access to the features provided. OptiSave Energy may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and OptiSave Energy may request Best.Energy to delete Your User Content, although residual copies of information may remain in their system for some time for back-up purposes. In the event of termination, Best.Energy may also withdraw and at its discretion reallocate the public web address of Your Account.
If You terminate Your Account, via means provided for cancellation on the Best.Energy website, or via telephone call or electronic mail to OptiSave Energy, and You request that Best.Energy delete Your User Content and files contained in Your Account, OptiSave Energy will work with Best.Energy to make all reasonable efforts to do so.
LIMITATION OF LIABILITY
In no event will OptiSave Energy be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if OptiSave Energy have been advised of the possibility of such damages. In any case, OptiSave Energy’s maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.
WAIVER AND SEVERABILITY
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed under the laws of England and Wales. The parties consent to the exclusive jurisdiction and venue of the courts located in England and Wales.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between OptiSave Energy and the Client and supersedes all prior agreements, whether written or oral, relating to the Service.
By using the Service, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.