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Surge FundingConnect Terms of Use

Effective Date 07 March 2025

 

The Terms of Service for Surge's Energy-as-a-Service (EaaS) funding portal outline the rules, responsibilities, and legal framework governing the platform's use. The Portal facilitates the financing of EaaS deals by allowing customers, funding partners, and accountants to store and manage deal-related information, financial documents, and due diligence materials required for funding approvals. It specifies user eligibility, data security measures, financial transaction policies, and prohibited activities to ensure compliance and protect sensitive information.

 

Additionally, the Terms clarify Surge's limited liability, data-sharing practices, and dispute-resolution procedures. Users agree to these terms by using the Portal, ensuring transparency and a secure funding process.

Introduction

Welcome to Surge's Funding Portal, SurgeFundingConnect (the "Portal"). This web application facilitates the processing and funding of Energy-as-a-Service (EaaS) deals for Surge's customers through its funding partners. The Portal allows users to store and manage deal information, financial documents, and sales paperwork and conduct due diligence for finance approvals. By accessing or using the Portal, you agree to be bound by these Terms of Service ("Terms").

If you do not agree with any part of these Terms, you must not use the Portal.

Eligibility

To use the Portal, you must:

  • Be at least 18 years old;

  • Have legal authority to enter into binding contracts;

  • Provide accurate and complete information during registration;

  • Be authorized to act on behalf of your business (if applicable).

User Accounts

Registration

To access the Portal, you must create an account by providing:

  • Full name

  • Business name (if applicable)

  • Email address

  • Phone number

  • Accountant details (if applicable)

  • Other required information

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​You are responsible for keeping your login credentials secure and must not share them with unauthorized individuals.

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Account Termination

Surge reserves the right to suspend or terminate accounts if:

  • A user violates these Terms;

  • There is unauthorized access or fraudulent activity;

  • Requested by law enforcement or regulatory authorities.

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Use of the Portal

Permitted Uses

The Portal may be used for:

  • Submitting and managing EaaS deal applications;

  • Storing financial documents, accountant reports, and sales paperwork;

  • Facilitating funding approval and due diligence;

  • Communicating with funding partners.

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Prohibited Uses

Users must not:

  • Misrepresent information;

  • Use the Portal for illegal activities;

  • Share confidential data with unauthorized parties;

  • Attempt to hack, disrupt, or compromise the system.

Data Collection and Privacy

Information We Collect

The Portal collects and stores:

  • Deal information (contract details, financial summaries, performance metrics);

  • Accountant and financial records (balance sheets, invoices, statements);

  • Customer contact details (email, phone, addresses);

  • Due diligence documents (KYC, business verification, credit history).

 

Data Protection

Surge implements industry-standard security measures, including encryption, access controls, and regular security audits to protect your information. However, no online system is 100% secure, and Surge cannot guarantee absolute data protection.

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Data Sharing

We share data only when necessary with:

  • Funding partners (for financing approval);

  • Regulatory authorities (if required by law);

  • Third-party service providers (for system maintenance, payment processing, or compliance checks).

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By using the Portal, you consent to these data-sharing practices.

Financial Transactions

Surge facilitates funding processes between customers and funding partners but does not directly provide financial services. Funding partners determine all financing terms, interest rates, and repayment conditions. Surge is not responsible for disputes arising from financial agreements.

Intellectual Property Rights

Surge owns all intellectual property rights related to the Portal, including trademarks, logos, software, and content. Users may not reproduce, modify, or distribute any part of the Portal without written permission.

Limitation of Liability

Surge is not liable for:

  • Errors or delays in funding approvals;

  • Unauthorized access to user accounts;

  • Losses arising from data breaches beyond our reasonable control;

  • Decisions are made based on Portal-provided data.

  • ​

The Portal is provided "as-is" without warranties of any kind, expressed or implied.

Indemnification

Users agree to indemnify Surge from any claims, liabilities, or damages resulting from:

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Violation of these Terms;

  • Misuse of the Portal;

  • Fraudulent activities related to funding applications.

Modifications to These Terms

Surge may update these Terms at any time. Continued use of the Portal after updates constitutes acceptance of the revised Terms.

Governing Law and Dispute Resolution

The laws of the State of Victoria and the Commonwealth of Aysrralia govern these Terms. Any disputes will be resolved through arbitration or legal proceedings in the appropriate courts.

Contact Information

For any questions regarding these Terms, contact us at:
Email: support@surgeenergy.io

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