ClimateClever Pilot Program Agreement
between
ClimateClever & Schools
The ClimateClever Schools Pilot Program is an initiative developed by ClimateClever in
partnership with Curtin University and the CRC for Low Carbon Living to provide schools with
information and support to reduce carbon emissions and the cost of utilities, whilst improving
the sustainability of school environments and fostering a low carbon school community. It is
underpinned by new online software.
This agreement contains the terms of the ClimateClever Schools Pilot Program being entered
into between ClimateClever and your school. The online ClimateClever Schools Sign-Up
process on the ClimateClever website forms part of this agreement. By accepting the Terms
and Conditions box in the Sign-up Form, you acknowledge that you have read, understood and
accept the agreement.
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1. Objectives of the ClimateClever Schools Pilot Program:
The objectives of the ClimateClever Schools Pilot Program are to:
1.1. Assist schools to understand and subsequently reduce carbon emissions and costs
from the consumption of energy and water and the production of waste;
1.2. Identify ways for schools to embed low carbon initiatives into learning areas within the
curriculum;
1.3. Create a ClimateClever Schools network between participating schools.
2. Parties to this Agreement
ClimateClever
is a social enterprise whose purpose is to achieve social, economic and
environmental outcomes in the community by providing services in carbon management and
sustainability research. ClimateClever is the primary developer and facilitator of the
ClimateClever Schools Pilot Program, which is underpinned by innovative new software.
Eligible schools
(also referred to in this agreement as ‘
program participants
’) are early
childhood, primary and secondary schools. These schools may be government, Catholic or
independent/private in their administration.
Schools entering into this agreement are entering into an agreement between themselves and
ClimateClever. Data sharing arrangements will be made explicit and any sharing of identifiable
data will need the program participants permission.
Other persons involved in the ClimateClever Schools Pilot Program but are not parties to this
agreement are:
(a) Sponsors
are government entities and private sector enterprises who provide
monetary contributions for program development and implementation, subsidies for
participants’ fees, and in-kind donations.
(b) Program partners,
who may also be sponsors, provide time, staff and resources for
the development and facilitation of workshops and school based projects. The ClimateClever
Schools Pilot Program may have direct links to State Government programs designed to
improve the sustainability of schools, however, ClimateClever remains independent of the
government agencies that administer these programs.
3. Duration of the Agreement
The duration of the ClimateClever Schools Pilot Program is 12 months from the date of sign-
up during 2018. The pilot period will end on 31
st
Dec 2018, but your subscription will continue
for the full 12 months from date of sign-up. As an annual subscription, a new contract with
terms and conditions will be provided and updated on an annual basis.
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4. Deliverables
ClimateClever will do the following:
4.1. Provide access to ClimateClever software that enables program participants to enter
utility bill data into the platform, which provides the ability to create a baseline
emissions profiles, track consumption patterns from energy, water and waste and make
comparisons with other similar schools (de-identified data);
4.2. Provide access to ClimateClever software that enables program participants to enter
building audit data (i.e. number of air-conditioners, fridges, computers) to determine
the number of energy and water consuming appliances, infrastructure and assets in
order to create baseline audit data, track improvements/changes to buildings and make
comparisons to other similar schools (de-identified data);
4.3. Provide access to ClimateClever software that enables program participants to manage
their carbon footprint by providing participants with ideas and tips for low carbon
initiatives, as well as the ability to manage implementation online;
4.4. Facilitate four Meet-Ups with other similar schools (either in person or online), once a
term to discuss challenges, track progress and share experiences and achievements;
4.5. Provide access to an online communication platform for program participants to
discuss issues, ask questions, share resources and achievements and promote events;
4.6. Investigate innovative opportunities to fund carbon reduction initiatives;
ClimateClever
will not
:
4.7. Provide the capital funds for carbon reduction initiatives, such as solar panels or LED
lighting;
4.8. Partake directly in capital works in schools.
5. Program Obligations
In entering into this agreement, program participants will:
5.1. Establish a Low Carbon/Sustainability Committee consisting of at least four people,
including:
5.1.1. Registrar/business manager;
5.1.2. A teacher;
5.1.3. A P&C member;
5.1.4. A student representative.
5.1.5. The School Principal and Deputy Principal are also encouraged to be on the
Committee.
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5.2. Appoint and maintain the position of a ClimateClever Schools liaison for
communications between the school and ClimateClever;
5.3. Undertake an annual carbon audit using the ClimateClever Program software;
5.4. Undertake an annual building audit using the ClimateClever Program software;
5.5. Provide at least monthly updates on the online carbon management platform;
5.6. Be represented by at least one person from the committee and actively participate at
each quarterly Meet-Up;
5.7. Obtain and provide relevant school data and records to ClimateClever, which may be
shared with program partners for the purpose of undertaking carbon/energy analysis;
5.8. Complete a survey at the commencement and conclusion of the program to determine
past and current sustainability and low carbon initiatives in place at the school and
participate in an evaluation of the program at the conclusion of the program;
5.9. Provide fully approved photographs or other media to ClimateClever for promotion of
the ClimateClever Schools Program, where possible.
6. Media Permissions
ClimateClever will seek to acquire, produce, share and publish photos and videos of
participating schools in relation to carbon reduction initiatives to celebrate successes and
achievements. It is the highest priority of ClimateClever to respect and protect the privacy and
safety of students and, as such, ClimateClever will endeavour to abide by the media and
privacy policies of participating schools. It is assumed that photos and multi-media provided
and uploaded through the ClimateClever online platform (i.e. within the Completion Reports in
the Action module) already have consent of the subjects or consent from subject’s guardian
has already been obtained if required and images have already been vetted to comply with the
school’s media and privacy policies.
Images and multi-media will be used by ClimateClever, its sponsors and partners, in
promotional material, media releases and program updates, both in print and online, unless
otherwise specifically stated by the supplier of the images or multi-media. Permissions from
individual schools will be sought prior to the publication of any details that make it possible to
identify a school, and/or students.
7. Payment
Schools must pay the participation fee in full prior to the commencement of the program.
Schools will not be eligible for a refund for early withdrawal from the program, or in the case
that ClimateClever chooses to terminate a school’s participation in the program in accordance
with a breach of the conditions expressed in Section 8.
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8. Termination of the Agreement
ClimateClever reserves the right to terminate this agreement in the event that a school:
8.1. Fails to provide a representative from their Sustainability Committee at more than one
Quarterly Meet-Up per year;
8.2. Fails to make any reasonable attempt at creating and implementing any carbon
reduction initiatives;
8.3. Fails to pay the participation fee as set out in Section 7.
9. Confidentiality and data
The parties acknowledge that the ClimateClever Schools Pilot Program may entail the exchange
of commercially confidential information, including financial data and information about
business models, operations and prospects, costs and income as well as other sensitive
information such as student records. Accordingly, ClimateClever will:
9.1. Seek full permission from schools to use of any identifiable sensitive school
information for program reporting, promotion and research purposes;
9.2. De-identify and aggregate data and information that is used to make comparisons
with other schools and displayed through the App or for promotional material;
9.3. De-identify and aggregate data and information that will be used to monitor and
report on the progress of the program in published articles, media and blogs, unless
otherwise agreed to by the school;
9.4. De-identify and aggregate data for use in correspondence with businesses or
government agencies on schoolsbehalf, unless otherwise agreed upon by the
school;
9.5. De-identify and aggregate data for use in academic research. If further data is
required (i.e. interviews or additional surveys), researchers will seek permission
directly with your school. This research will also be subject to the ethics clearance
requirements of the lead university. Schools will be required to separately provide
consent directly to the researcher in regards to research ethics clearance;
9.6. Refrain from disclosing any sensitive business information to any person or firm,
other than to their respective employees having a need to know;
9.7. Refrain from using any information, directly or indirectly, for its own benefit or the
benefit of any affiliate without prior expressed permission from the school.
For purposes of this undertaking, the data and information mentioned above shall not include
that which:
a. Is in the public domain at the time of disclosure;
b. Becomes part of the public domain after disclosure to a party through no fault, act
or failure to act, error or breach of this undertaking by ClimateClever;
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c. Is discovered by parties independent of any involvement in the program;
d. Is required by order, statute or regulation of any government authority to be
disclosed to any court or other body, provided that the party shall notify the other
party thereof to provide or afford it the opportunity to obtain a protective order or
other relief;
e. Or is obtained from a third party who has acquired a legal right to disclose the
specific information.
10. Indemnification
ClimateClever will make all reasonable attempts to provide program participants with accurate
advice that will reduce carbon emission outputs and utility costs. It is, however, the
responsibility of program participants to implement this advice with caution and due diligence.
Given the nature of this program, ClimateClever:
10.1. Provides no guarantee to the results that individual schools may achieve in terms of
carbon emission and cost reductions;
10.2. Will not be liable or held responsible for any negative consequences of low carbon
initiatives implemented by the school, resulting in either damage to infrastructure or
in bodily harm;
10.3. Reserves the right to make changes to the content of the pilot program without
notice, though ClimateClever will endeavour to make reasonable efforts to ensure no
adverse effects to program participants.
In addition:
10.4. Each party shall indemnify and hold harmless the other party and its participants and
other affiliates in relation to any claims or issues that may arise from direct
participation in this ClimateClever Schools Pilot Program;
10.5. Each party shall act as an independent contractor, with sole responsibility for its own
operations, personnel and operating expenses, and nothing contained in this
agreement shall be construed to create a partnership or joint venture between
parties;
10.6. When acting on advice from ClimateClever, it is the responsibility of schools to ensure
they act within the policy and regulatory frameworks of State and Federal
Governments and other governing bodies to which they are accountable.
10.7. ClimateClever cannot predict nor control changes in government funding allocations
that may or may not occur as a result of changes in school operating budgets as a
result of implementing carbon reduction initiatives.