These Terms and Conditions (“Terms”) govern the provision of commercial solar panel maintenance, monitoring, and warranty concierge services as described more fully below (the “Services”) by ALOHA SOLAR CARE, LLC (“Service Provider,” “we,” “us,” or “our”) to the customer who signed up for the Services and provided contact and payment information at https://alohasolarcare.com/register/commercial-plan-annual/ (“Subscriber,” “you,” or “your”). By checking the appropriate box agreeing to these Terms, paying the Subscription Fees (defined below), or otherwise using the Services, you agree to be bound by these Terms.
1. Definitions
1.1. Service Plan:
You selected the Small Commercial Plan of the Services as described at https://alohasolarcare.com/register/commercial-plan-annual/ (which may be updated from time to time at our discretion).
1.2. Solar System:
Your photovoltaic solar panel system, including 0-250panels, inverters, racking, and related wiring, located at the address you provided when signing up for the Services at https://alohasolarcare.com/register/commercial-plan-annual/ (the “Solar System”).
1.3. Initial Term:
The period of time starting on the date you signed up for the Services (the “Effective Date”) and ending one year afterwards.
1.4. Recurring Term:
Any subsequent one (1) year period following the Initial Term during which Subscriber commits to the Services.
2. Services and Scope of Work
2.1. The Services:
The Services include the specific concierge services for the Service Plan as described at https://alohasolarcare.com/register/commercial-plan-annual/ (as it may be updated from time to time in Service Provider’s sole discretion).
Disclosure: The Services performed by Service Provider do not include any services that are required to be performed by a licensed contractor. Client may be required to hire a licensed contractor directly to perform such services requiring licensure.
2.2. Service Exclusions (Non-Covered Work):
The Services do not include Service Provider performing any actual repair, maintenance or replacement work.
3. Subscription, Payment, and Term
3.1. Initial Term:
The Initial Term will commence on the Effective Date and continue for one year.
3.2. Automatic Renewal:
Renewal:
Unless the Subscriber provides written notice of non-renewal at least thirty (30) days prior to the end of the Initial Term (or the then current term), this Agreement shall automatically renew for successive one-year periods (each a “Recurring Term”) at the Service Provider’s then-current pricing for the Service Plan.
3.3. Subscription Fees:
The Subscriber agrees to pay the fees as specified at https://alohasolarcare.com/register/commercial-plan-annual/ (the “Subscription Fees”). Subscription Fees are due in advance, monthly or annually, as set forth at
https://alohasolarcare.com/register/commercial-plan-annual/. All Subscription Fees paid are noncancellable and nonrefundable, except as may be specified elsewhere in these Terms.
3.4. Project Management Services and Related Fees (NOT INCLUDED IN SUBSCRIPTION):
The Service Provider will, at Service Provider’s discretion, perform and charge project management service fees to coordinate certain site related repairs, maintenance, inspections, and other needed services on Subscriber’s behalf to maintain, clean or repair Subscriber’s solar related equipment. You understand that Service Provider does not have employees and is not subject to set scheduling for any such project management service.
All work performed by outside contractors that are introduced to you and managed by Service Provider will incur a 15% project management fee for oversight and management. In such cases, this project management fee and all other related costs will be charged alongside your Subscription Fee on the credit card provided.
3.5. Price Changes:
The Service Provider reserves the right to change the Subscription Fees for any Recurring Term by providing written notice to the Subscriber at least sixty (60) days prior to the start of the new Recurring Term.
3.6. Late Payments and Collection:
Payments not received within five (5) days of the due date may incur a late fee of the greater of 1% per day or the maximum rate permitted by law. The Service Provider may suspend or terminate the Services if payment is past due. The Subscriber shall be responsible for all costs of collection, including reasonable attorneys’ fees.
4. Cancellation and Termination
4.1. Cancellation by Subscriber:
The Subscriber may cancel the Services during the Initial Term or any Recurring Term by providing at least thirty (30) days’ prior written notice. Any prepaid Subscription Fees are nonrefundable.
4.2. Termination by Service Provider:
The Service Provider may terminate this Agreement immediately upon written notice if the Subscriber:
a. Fails to pay any Subscription Fees when due.
b. Breaches any material term of this Agreement (other than the payment of Subscription Fees) and fails to cure such breach within thirty (30) days of receiving written notice of the breach.
4.3. Effect of Termination:
Upon termination, the Subscriber must immediately cease using the Services. No refunds will be provided for prepaid fees.
5. No Warranty.
THE SERVICES ARE PROVIDED ON AN AS-IS BASIS. SERVICE PROVIDER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES RELATED IN ANY WAY TO THE SERVICES, INCLUDING (BUT NOT LIMITED TO), WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT; WARRANTIES THAT THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE; AND/OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
6. Liability and Indemnification
6.1. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2. Maximum Liability:
THE SERVICE PROVIDER’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY THE SUBSCRIBER IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
6.3 Indemnification:
You agree to indemnify, defend and hold harmless Service Provider from and against any third-party claims relating in any way to your breach of these Terms.
7. Disclaimer Regarding the Use of Artificial Intelligence
The Services may include the use of AI customer service agents powered by artificial intelligence models that analyze your input data (1) to generate responses or output data (that could include the creation of a plan) that are based on patterns and characteristics of your input data, and/or (2) to autonomously take multi-step actions based on your input data. You are solely responsible for your input data, including its accuracy and completeness, and you hereby consent to its use in connection with the Services and to train or fine-tune the artificial intelligence models, which may result in the public disclosure of your input data. You further understand and agree that responses and output data generated by the AI customer service agents, and any actions taken by the AI customer service agents, may contain errors, hallucinations, omissions, inappropriate responses, and/or irrelevant content. You are responsible for reviewing all responses and output data prior to their use to ensure their appropriateness. Notwithstanding anything to the contrary in these Terms, Service Provider will not be liable to you (or any other person or entity) for any damages, losses, claims, liabilities, costs or expenses arising from or relating to your use of the responses or output data generated by the AI customer service agents, or actions taken by the AI customer service agents, based on your input data. SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES THAT ANY RESPONSES OR OUTPUT DATA WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR A PARTICULAR PURPOSE.
8. General Provisions
8.1. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of laws principles.
8.2. Dispute Resolution:
Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration before one neutral arbitrator in Honolulu, Hawaii in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and binding, and judgment may be entered upon it in any court having jurisdiction. The arbitrator shall not have the ability to award punitive damages.
8.3. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
8.4. Entire Agreement:
These Terms, together with the terms set forth at https://alohasolarcare.com/register/commercial-plan-annual/(which may be updated from time to time at Service Provider’s discretion), constitute the entire agreement between the Service Provider and the Subscriber concerning the Services and supersede all prior or contemporaneous agreements, understandings, and representations.
8.5. Assignment:
The Subscriber may not assign or transfer this Agreement without the prior written consent of the Service Provider. The Service Provider may freely assign this Agreement without consent.
8.6 Statute of Limitations:
You agree that any claim you have against the Service Provider relating to the Services, the Service Plan, or these Terms must be asserted in accordance with paragraph 8.2 within one (1) year of the date of the event giving rise to the liability or it is forever waived.
8.7 Force Majeure:
Service Provider will be excused from performance hereunder (and such nonperformance will not constitute grounds for default) for any period of time that Service Provider is prevented from performing its obligations due to an act of God, war, earthquake, civil disobedience, pandemic, epidemic, government order, law, or action, or other cause beyond Service Provider’s reasonable control.