Membership Terms

1. Membership Services Provided Upon becoming a member, the Member will receive the following benefits for the duration of the membership period:

• Priority Scheduling for service appointments.
• Proactive Monitoring and notifications of potential issues.
• Remote Troubleshooting Assistance.
• 10% discount on all EnergyAid services (excludes inspection fees), subject to agreeing to automatic renewal terms detailed in Section 8.
  
  

2. Membership Term and Fees

• The membership is available on a month-to-month basis at a cost of nine dollars ($9) per month.
• The activation fee of ninety-nine dollars ($99) is non-refundable and payable in full upon signing this Agreement.
• The membership is for one (1) property. A separate membership must be purchased for each additional property.

 

3. Member Responsibilities

• The Member shall provide EnergyAid access to their solar system monitoring platform.
• If the Member’s system does not have remote monitoring capabilities or EnergyAid cannot access the system remotely, a site visit or installation of additional monitoring equipment may be required, which may incur additional costs.
• The Member is responsible for scheduling any necessary maintenance or repairs and
• paying for any and all services rendered beyond the monthly fee. Such maintenance or
• repairs are not included in this membership.

4. EnergyAid Responsibilities

EnergyAid will monitor the Member’s system and notify them of any potential Performance Issues that may require maintenance or repair. EnergyAid agrees to provide Priority Scheduling and apply the ten percent (10%) discount to eligible services.

5. Limitation of Liability

IN NO EVENT SHALL ENERGYAID BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, DIMINUTION IN VALUE, OR ENERGY PRODUCTION, DAMAGES, OR COSTS ARISING FROM SYSTEM MALFUNCTIONS OUTSIDE OF ITS CONTROL, INCLUDING THOSE DUE TO THIRD-PARTY ACTIONS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT ENERGYAID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ENERGYAID’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO ENERGYAID PURSUANT TO THIS AGREEMENT IN THE ONE- (1-) YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

6. Limited Warranty and Disclaimer

EnergyAid warrants that it shall perform the services under this Agreement (a) using personnel ofcommercially reasonable skill, experience, and qualifications; and (b) in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar

services. ENERGYAID (a) MAKES NO WARRANTIES EXCEPT FOR THOSE SET OUT ABOVE; AND(b) DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED. EnergyAid’s sole and exclusive liability and Member’s sole and exclusive remedy for breach of the limited warranty set out in this Section shall be re-performance of the affected services. If EnergyAid cannot reperform the services in compliance with the warranty set forth above within a reasonable time but no more than sixty (60) days after Member’s written notice of such breach, Member may, at its option, terminate the Agreement by serving written notice of termination in accordance with Section 7 (Termination). EnergyAid shall, within sixty (60) days after the effective date of such termination, refund to Member a portion of the fees previously paid by Member as of the date of termination corresponding to the defective services.

7. Termination

This Agreement may be terminated by either party at any time with thirty (30) days’ prior written

notice to the other party to the email or postal address in Section 8 (Renewal). The ninety-nine

dollar ($99) activation fee is non-refundable upon termination.

8. Automatic Renewal and Payment

THE MEMBERSHIP WILL AUTOMATICALLY RENEW MONTHLY UNLESS CANCELED BY THE MEMBER PRIOR TO THE RENEWAL DATE. UNLESS STATED OTHERWISE IN A RENEWAL NOTICE, THE COST FOR A RENEWAL MEMBERSHIP IS NINE DOLLARS ($9). THE TERM OF THE MEMBERSHIP IS MONTH-TO-MONTH.[1] TO CANCEL YOUR MEMBERSHIP, PLEASE CONTACTUS AT:

(877) 787-0607

[email protected]

1715 E Wilshire Ave. #715

Santa Ana, CA 92705

energyaid.net/cancellations

Upon renewal, the membership fee will be charged to the Member’s credit card on file unless the Member provides alternative payment information or cancels the membership. EnergyAid is not responsible for failed payments due to expired or declined credit cards. The Member must ensure that the payment method on file is valid and updated. If the payment cannot be processed, the membership may be suspended, and EnergyAid reserves the right to cancel the membership if payment is not received within thirty (30) days.

EnergyAid | www.energyaid.net | [email protected] | CSLB #978758 C-10, C-46 | ROC #348681 R-11

9. Assignment

Member may not assign any of its rights or delegate any of its obligations under this Agreement

without the prior written consent of EnergyAid. Any purported assignment or delegation in

violation of this Section 9 shall be null and void. No assignment or delegation shall relieve the

Member of any of its obligations under this Agreement. EnergyAid may assign any of its rights or delegate any of its obligations to any affiliate or to any person acquiring all or substantially all of EnergyAid’s assets. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and permitted assigns.

10.Force Majeure

EnergyAid shall not be liable or responsible to the Member, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond EnergyAid’s control, including, without limitation, the following force majeure events (“ForceMajeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, , or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages, or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Member.

11.Governing Law and Jurisdiction

A. If the Member resides in California, this Agreement will be governed by and construed in

accordance with the internal laws of the State of California without giving effect to any choice or

conflict of law provision or rule that would require or permit the application of the laws of any

jurisdiction other than those of the State of California. Any legal suit, action, or proceeding arising out of or related to this Agreement will be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the city of Santa Ana, Orange County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

B. If the Member resides in Arizona, this Agreement will be governed by and construed in

accordance with the internal laws of the State of Arizona without giving effect to any choice or

conflict of law provision or rule that would require or permit the application of the laws of any

jurisdiction other than those of the State of Arizona. Any legal suit, action, or proceeding arising out of or related to this Agreement will be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona in each case located in the city of Phoenix and County of Maricopa, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

12.Entire Agreement

This Agreement constitutes the entire agreement between the parties pertaining to its

subject matter and it supersedes all prior communications, representations, or

agreements, verbal or written, between the parties hereto.