6.1 Term:
6.1.1 This Agreement is valid for twelve (12) months from the commencement date.
6.1.2 After the initial term, the contract shall automatically renew on a month-to-month basis unless otherwise terminated in accordance with clause 6.1.3.
6.1.3 The Client may cancel this Agreement at any time by providing twenty (20) business days’ written notice. No early termination penalty applies.
6.1.4 The Service Provider may cancel this Agreement with twenty (20) business days’ written notice in the event of late or non-payment, breach of terms, or unsafe working conditions.
6.2 Payment terms:
6.2.1 Monthly fees are payable in advance on the 1st of each month.
6.2.2 If the Client subscribes to the Service after the 1st day of any calendar month, the Client shall be billed on a pro rata basis for the remainder of that month. The pro rata amount will be calculated based on the number of days remaining in the month from the date of commencement of the Service. Full monthly billing shall resume from the 1st day of the following month.
6.2.3 Invoices are issued on the 25th of the prior month and include a service summary, if applicable.
6.2.4 Late payments attract 2% interest per month on outstanding amounts.
6.3 Service delivery hours:
6.3.1 Business Hours: Monday–Friday, 08:30 – 16:00.
6.4 Service area and performance commitment:
6.4.1 The Service Provider shall render services under this Agreement in Gauteng.
6.4.2 The Service Provider commits to maintaining a minimum service delivery compliance rate of 90% on response and resolution timelines as stipulated in the selected subscription tier under this Agreement.
6.4.3 This uptime percentage is measured monthly, calculated as the proportion of service requests that are responded to and actioned within the committed timeframe relative to the total number of valid service requests logged.
6.4.4 Non-compliance due to factors beyond the Service Provider’s control — including, but not limited to, traffic congestion, acts of God, site inaccessibility, unsafe working conditions, or client-caused delays — shall be excluded from the uptime calculation.
6.5 Workmanship warranty:
6.5.1 The Service Provider warrants that all work performed under this Agreement shall be carried out in a professional and workmanlike manner, in accordance with industry standards and applicable regulations.
6.5.2 All workmanship shall be covered by a three (03) month warranty from the date of completion of each individual service or repair.
6.5.3 This warranty covers labour-related defects and does not extend to defects caused by:
6.5.3.1 Misuse or negligence by the Client or third parties.
6.5.3.2 Failure of components or materials not supplied by the Service Provider.
6.5.3.3 Unauthorised modifications or tampering, or
6.5.3.4 Acts of God or other external events beyond the Service Provider’s control.
6.5.4 All warranty-related claims must be reported in writing within the warranty period. The Service Provider reserves the right to inspect the issue and determine the appropriate remedial action.
6.5.5 Should the Client provide the Service Provider with any third-party products for installation which have not been supplied by the Service Provider itself, the Client expressly acknowledges that the Service Provider shall not bear any responsibility in relation thereto.
6.5.6 By supplying such third-party products to the Service Provider, the Client warrants that it is the owner of such products and that no third party has any claim thereto.
6.5.7 By supplying such third-party products to the Service Provider, the Client expressly waives all rights to claim any loss, damage, and/or harm suffered by it because of the use of such third-party products.
6.5.8 Certain of the Products supplied by the Service Provider shall be accompanied by a manufacturer's warranty, which will vary from product to product (“Manufacturer Warranty”).
6.5.9 The Client expressly acknowledges that the Manufacturer Warranty is issued by the manufacturer of the relevant Product and not by the Service Provider. Accordingly, the Client shall not be entitled to enforce any claims covered by the Manufacturer Warranty against the Service Provider, and all claims falling under the Manufacturer Warranty must be made directly with the manufacturer of the Product following the procedure prescribed by such manufacturer.
6.6 Limitation of liability:
6.6.1 The Service Provider shall under no circumstances be liable for:
6.6.1.1 Any special or consequential damage suffered by the Client or any third party arising from the Products or the Services.
6.6.1.2 Any unforeseeable loss which neither Party envisaged at the time the services were rendered.
6.6.1.3 Any loss, damage, or injury suffered by the Client because of the erratic or intermittent supply of power by the national energy supplier.
6.6.1.4 Any loss, damage, or injury suffered by the Client because of any third party interfering with the Products and/or Services supplied by the Service Provider.
6.6.1.5 Any loss or damage suffered by the Client because of the misuse of the Products by the Client, including any downtime associated with the Products as a result of the misuse by the Client; and/or
6.6.1.6 Any damage or loss howsoever suffered by the Client or a third party after a period of 30 (thirty) days following delivery of the Products and/or completion of the Services.
6.6.2 The Service Provider shall not be held liable for the performance, condition, or warranty of any pre-existing solar components, including but not limited to solar panels, inverters, batteries, charge controllers, or related infrastructure, which were not supplied or installed by the Service Provider. The Client acknowledges that any such components fall outside the scope of this subscription agreement, and the Service Provider provides no guarantees, representations, or warranties—express or implied—regarding their functionality, safety, or compliance. Any service rendered in regards thereto will be carried out at the Client’s own risk, and solely at the Service Provider’s discretion, subject to a separate agreement or service charge.
6.6.3 The Client acknowledges that solar panel cleaning and maintenance activities may require access to roofing structures and elevated installations. While every reasonable care is taken by the Service Provider to ensure safe and non-invasive procedures, the Client agrees that the Service Provider shall not be held liable for:
6.6.3.1 Pre-existing or undetected roof damage (including loose tiles, cracked waterproofing, rusted sheet metal, or improperly sealed mounting penetrations).
6.6.3.2 Water ingress or roof leaks occurring after service visits unless directly caused by gross negligence on the part of the technician.
6.6.3.3 Any resulting internal damage, mould, or property deterioration associated with such leaks.
6.6.4 The Client further indemnifies and holds harmless the Service Provider, its employees, and subcontractors from all claims, damages, losses, or legal proceedings arising from:
6.6.4.1 Accessing or working on roofing structures that are already damaged, unstable, or improperly installed.
6.6.4.2 Systems not covered by a valid Certificate of Compliance (CoC) in terms of the South African National Standards.
6.6.4.3 Systems installed by unqualified or non-accredited individuals, including those not certified under the PV GreenCard program or any other recognised and equivalent national qualification.
6.6.5 It is the responsibility of the Client to ensure that their solar PV system has been installed by a qualified PV GreenCard-certified technician or equivalent, and that a valid CoC is available and provided upon request. Failure to meet these conditions will void any warranties and liability implied by service.
6.6.6 Should a court of law find that the Service Provider is liable for loss or damage suffered by the Client or a third party for any reason whatsoever, then the Client expressly agrees that such liability shall be limited to the value of the products supplied or services rendered as stipulated on the statement issued by the Service Provider. The Client indemnifies the Service Provider for any claims of third parties which exceed the limitation as contained in this clause.