RESIDENTIAL: SOLAR AND BATTERY BACK-UP EMERGENCY SERVICES SUBSCRIPTION MODEL

SERVICE PROVIDER INFORMATION

Green Leaf Project Solutions (Pty) Ltd, Tel: 012 809 0313.  

1.1 The Services under this Agreement are strictly limited to the Emergency Services described in clause 1.2, provided to residential subscribers in respect of residential solar photovoltaic systems and/or associated battery back-up systems.

1.2 “Emergency Services” are an urgent call-out to make the system safe and get it working again, at least temporarily. It covers fault-finding and the immediate steps reasonably needed to remove danger or restore power. Examples include: the system is completely off and will not start; the inverter shows a critical/error fault; the battery will not switch over during an outage; repeated tripping of breakers; signs of overheating (burning smell, smoke, scorching); exposed or damaged wiring; water ingress into electrical components; or surge/lightning damage that stops operation. For clarity, Emergency Services do not include routine servicing or cleaning, performance tuning or monitoring, firmware/software updates, upgrades or expansions, design or new installations, non-urgent repairs (e.g., minor noise, cosmetic issues, or gradual performance loss), warranty claim administration, or compliance/insurance inspections. An external grid outage or load-shedding, without a fault in the customer’s system, is not an emergency. Service depends on safe access and may be affected by weather, site security, or regulatory constraints.

1.3 Each Emergency call-out includes up to two (2) hours of on-site labour. Any labour required beyond the included two (2) hours will be billed separately at R 450.00 per hour. All parts, materials, and consumables required to remedy the emergency will be billed separately. All pricing under this Agreement is stated exclusive of Value Added Tax (VAT). Any invoices issued in terms of this Agreement will reflect amounts inclusive of VAT, where applicable.

1.4 If the reported issue does not meet the definition of “Emergency Services” in clause 1.2 (as reasonably determined by the Service Provider after on-site attendance), the visit will be treated as a Non-Emergency Call-Out. The Client must pay a fixed call-out fee of R 950.00 for attendance and initial assessment. This fee is non-refundable and payable whether or not a fault is found or any remedial work is performed. Any additional labour, parts, materials, or consumables will be quoted and billed separately at the Service Provider’s prevailing non-emergency rates.

1.5 No guarantee of resolution within call-out time. Emergency services are provided on a stabilise-and-restore basis. The Service Provider will exercise reasonable skill and care to diagnose the fault, make the system safe, and attempt to restore supply; however, resolution of the issue within the included two (2) hours (or at all) is not guaranteed. Completion may require additional labour beyond the included time, return visits, specialist attendance, manufacturer authorisations, or the procurement of parts/materials, all of which will be quoted and billed in accordance with clause 1.3 (and any applicable after-hours provisions). Where a permanent repair cannot be completed within the included time, the Service Provider will (acting reasonably) either: (a) implement a temporary, safe workaround; (b) schedule follow-up works; and/or (c) isolate the affected equipment if required for safety or compliance. Any temporary restoration is not a permanent repair and may cease to operate; the Client must notify the Service Provider of any recurrence.

3.1 While this Agreement primarily encompasses emergency services, the Service Provider may, upon the Client’s request, offer to undertake general or upgrade work. Such work shall be considered Quoted Services and shall be subject, inter alia, to the following conditions:

3.3.1 A formal quotation will be issued to the Client for all non-emergency work, clearly outlining the scope of work, materials, labour, and estimated timelines. Quotations will remain valid for 7 days, unless otherwise agreed in writing.

3.3.2 Depending on the complexity, risk, and material requirements of the work, the Service Provider may require a deposit before commencement. The standard deposit structure is as follows (subject to adjustment based on scope and material lead times):

3.3.2.1 60% deposit for general works involving standard materials.

3.3.2.2 75% deposit for works involving three-phase systems, generator integration, or after-hours execution.

3.3.2.3 100% deposit for works involving special-order equipment.

3.4 Acceptance of the quotation by the Client and payment of any required deposit shall constitute a binding agreement for the execution of the quoted work. No work will proceed without written approval and confirmation of payment.

3.5 A qualified technician will perform all work in compliance with SANS standards, supported by semi-skilled staff. Where applicable, a Certificate of Compliance (CoC) or completion report will be issued upon final inspection.

3.6 The Service Provider reserves the right to decline any request for non-emergency work that falls outside its operational capacity, licensing, or safety policy, in which case the Client may be referred to a suitable third party.

To manage scope and ensure fair use, the following are excluded. These may be quoted separately:
4.1 Electrical rewiring, circuit design, or compliance upgrades.
4.2 Generator integration, maintenance, or installation.
4.3 Faults due to third-party interference or natural disasters.
4.4 Excavation or high-risk access over 8 meters.
4.5 Generator or solar system – battery back-up installations.
4.7 Load shedding infrastructure.
4.8 Certificates of Compliance.
4.9 Inverter replacement.
4.10 Solar system integration.
4.11 Any compliance sign-off.
4.12 High-voltage troubleshooting.
4.13 Any work that requires modifications to concealed piping or wiring.
4.14 Consumables, spares, replacement components.
4.15 Roof damage due to pre-existing conditions.
4.16 Unsafe or inaccessible roofs without approved safety anchor points.
4.17 Consumables, tools, and specialised equipment beyond standard inspection gear.
4.18 Warranty claims or OEM support coordination.
4.19 Cleaning or servicing of roof surfaces, gutters, or unrelated electrical/plumbing work.
4.20 Climbing on roof tiles or penetrating waterproofing without proper anchor points.
4.21 After-hours surcharge is waived only for the included monthly call-out; any additional after-hours call-outs are billed at prevailing discounted rates.

5.1 Term:

5.1.1 This Agreement is valid for twelve (12) months from the commencement date.
5.1.2 The Client may cancel this Agreement at any time by providing twenty (20) business days’ written notice. No early termination penalty applies.
5.1.3 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.

5.2 Payment terms:

5.2.1 Monthly fees are payable in advance on the 1st of each month.
5.2.2 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.
5.2.3 Late payments attract 2% interest per month on outstanding amounts.

5.3 Service delivery hours:

5.3.1 Business Hours. Monday to Friday, 08:30–16:00 (South African Standard Time), excluding South African public holidays.
5.3.2 After-Hours. 16:00–08:30 Monday to Friday, and all hours on Saturdays, Sundays, and South African public holidays.
5.3.3 Requests logged outside Business Hours are treated as After-Hours. Where a call-out starts during Business Hours but continues past 16:00, the portion after 16:00 is deemed After-Hours.
5.3.4 After-Hours attendance is billed at R 650.00 per hour, except where expressly waived for the included monthly Emergency call-out under the Emergency Services Subscription.

5.4 Service area and performance commitment:

5.4.1 The Service Provider shall render services under this Agreement in Gauteng.
5.4.2 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.
5.4.3 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.
5.4.4 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.

5.5 Workmanship warranty:

5.5.1 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.
5.5.2 All workmanship shall be covered by a three (03) month warranty from the date of completion of each individual service or repair.
5.5.3 This warranty covers labour-related defects and does not extend to defects caused by:

5.5.3.1 Misuse or negligence by the Client or third parties.
5.5.3.2 Failure of components or materials not supplied by the Service Provider.
5.5.3.3 Unauthorised modifications or tampering, or
5.5.3.4 Acts of God or other external events beyond the Service Provider’s control.
5.5.4 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.
5.5.5 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.
5.5.6 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.
5.5.7 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.
5.5.8 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”).
5.5.9 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.

5.6 Limitation of liability:

5.6.1 The Service Provider shall under no circumstances be liable for:

5.6.1.1 Any special or consequential damage suffered by the Client or any third party arising from the Products or the Services.
5.6.1.2 Any unforeseeable loss which neither Party envisaged at the time the services were rendered.
5.6.1.3 Any loss, damage, or injury suffered by the Client because of the erratic or intermittent supply of power by the national energy supplier.
5.6.1.4 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.
5.6.1.4 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
5.6.1.5 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.

5.6.2 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 regard 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.

5.6.3 The Client acknowledges that solar panel fault-finding 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:

5.6.3.1 Pre-existing or undetected roof damage (including loose tiles, cracked waterproofing, rusted sheet metal, or improperly sealed mounting penetrations).
5.6.3.2 Water ingress or roof leaks occurring after service visits unless directly caused by gross negligence on the part of the technician.
5.6.3.3 Any resulting internal damage, mould, or property deterioration associated with such leaks.

5.6.4 The Client further indemnifies and holds harmless the Service Provider, its employees, and subcontractors from all claims, damages, losses, or legal proceedings arising from:

5.6.4.1 Accessing or working on roofing structures that are already damaged, unstable, or improperly installed.
5.6.4.2 Systems not covered by a valid Certificate of Compliance (CoC) in terms of the South African National Standards.
5.6.4.3 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.

5.6.5 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.

5.6.6 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.

7.1      The Client agrees to pay the monthly subscription fee. Payment must be made via one of the following methods:

7.2      Banking details and debit order authorisation forms will be provided upon signing. Failure to make payment will result in temporary suspension of services until the outstanding balance is settled.

8.1 Notices:

8.1.1 Each Party chooses the addresses set out below its name as its address to which any written notice in connection with this Agreement may be addressed.

8.1.1.1 GLPS:

Address: 151 Diana Street, Newmark Estate, Hazeldean, Pretoria, Gauteng, 0184

Email: jaques@glps-africa.co.za

Attention: J Bloem

8.1.1.2 Client - As entered above

8.1.2 Either Party may, by written notice to the other Party, change its chosen address and/or fax number and/or email address, provided that the change will become effective on the 10th (tenth) Business Day after the receipt of the notice by the addressee.

8.1.3 Any notice given in terms of this Agreement will:

8.1.3.1 if delivered by hand be deemed to have been received by the addressee on the date of delivery.

8.1.3.2 if transmitted by fax be deemed to have been received by the addressee on the 1st (first) Business Day after the date of transmission; or

8.1.3.3 if transmitted by email be deemed to have been received once the email enters an information system outside the control of the Party sending it, unless the contrary is proved.

8.1.4 Notwithstanding anything to the contrary contained in this clause, a written notice or communication received by a Party will be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address and/or fax number and/or email address.

8.2 Domicilia

Each of the Parties chooses its physical address set out in clause 8.1.1.1 and clause 8.1.1.2 above, as changed from time to time, as its domicilium citandi et executandi at which documents in legal proceedings in connection with this Agreement may be delivered.  The parties agree that notice of any legal process may be given via the email addresses nominated in clauses 8.1.1.1 and 8.1.1.2 above.

9.1 Should any Party (“Defaulting Party”) commit a breach of any provision of this Agreement and fail to remedy such breach within 10 (ten) Business Days from the date of written notice from the other Party to this Agreement (“Aggrieved Party”) calling upon it to do so, the Aggrieved Party shall without prejudice to any other rights available to the Aggrieved Party, have the right either:

9.1.1. to cancel this Agreement; or

9.1.2. to take whatever action may be necessary to enforce its rights under this Agreement, and in either event to claim such damages as it may have suffered because of such breach of contract.

9.2. The Defaulting Party shall be liable for all costs and expenses (all legal costs calculated on an attorney and own client scale) incurred by the Aggrieved Party as a result of or in connection with the breach of contract.

This Agreement shall be governed by and interpreted under the law of the Republic of South Africa, and the Client consents to the exclusive jurisdiction of the courts of the Republic of South Africa.

11.1 To the extent that a Party receives Personal Information from another Party, such Party shall take reasonable technical and/or organisation measures to prevent:

11.1.1 loss of, damage to or unauthorised destruction of such Personal Information; and

11.1.2 unlawful access to or Processing of Personal Information.

11.2 In order to give effect to clause 11.1, such Party must take reasonable measures to:

11.2.1 identify all reasonably foreseeable internal and external risks to Personal Information in its possession or under its control.

11.2.2 establish and maintain appropriate safeguards against the risks identified.

11.2.3 regularly verify that the safeguards are effectively implemented; and

11.2.4 ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

11.3 The Parties shall have due regard to generally accepted information security practices and procedures which may apply to them or be required in terms of specific industry rules and regulations.

11.4 The Parties shall only Process Personal Information on behalf of another Party:

11.4.1 with the knowledge or authorisation of the other Party; and

11.4.2 must not disclose it, unless required by law or during the proper performance of its duties.

11.5  The Parties shall immediately notify one another if there are reasonable grounds to believe that Personal Information has been accessed or acquired by any unauthorised person.

11.6 The Parties shall take all reasonable steps to ensure their agents, subcontractors, affiliates and subsidiaries comply with the provisions of POPI, where the agents, subcontractors, affiliates and/or subsidiaries are Processing Personal Information relating to this Agreement. To the extent that any agents, subcontractors, affiliates and/or subsidiaries of such Party are given access to Personal Information relating to this Agreement, such Party will ensure that such agents, subcontractors, affiliates and/or subsidiaries comply with the provisions of this clause by having them enter into written agreements upon the same substantial terms as contained in this clause.

12.1 These terms and conditions contain the entire Agreement between the Parties as to the subject matter hereof.

12.2 No Party shall have any claim or right of action arising from any undertaking, representation, or warranty not included in this Agreement.

12.3 These terms and conditions shall be binding on and enforceable by and against the estates, heirs, executors, administrators, trustees, assigns, cessionaries, successors in title, liquidators, curators, business rescue practitioners or other legal representatives, as the case may be, of the Parties.

12.4 The Parties record that it is not a requirement for these terms and conditions to be valid and enforceable that a Party shall initial all the pages of this Agreement and/or have its signature verified by a witness.

12.5 It is agreed that each clause and sub-clause of this Agreement is severable, the one from the other, and if any clause or sub-clause is found to be defective or unenforceable for any reason by any competent court, then the remaining clauses and subclauses shall continue to be of full force and effect.

12.6 No failure by any Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way that Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.

12.7 The contra proferentem rule shall not apply and accordingly, none of the provisions hereof shall be construed against or interpreted to the disadvantage of the Party responsible for the drafting or preparation of such provisions.

12.8 The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word “including” followed by specific examples, such examples shall not be construed to limit the ambit of the provision concerned.

12.9 The Client shall not be entitled to cede, assign or delegate any of its rights and/or obligations in terms of or arising from this Agreement to any third party without the prior written consent of the Service Provider.

12.10 To the extent that:

12.10.1 the Client satisfies the definition of a “Consumer” as defined in the Consumer Protection Act No. 68 of 2008 (“CPA”); and

12.10.2 any provision contained herein is invalid, illegal or unenforceable as a result of the application of the CPA, such provision shall be deemed to be amended to the limited extent necessary to comply with the CPA.

12.11 A Party shall be deemed not to be in breach of this Agreement nor shall it be liable to the other Party for any loss or damage to the extent that the delay or non-performance is due to any acts of God, storms, floods, demurrage, strike, acts of war, war-like operation, interference by civil or military authorities, terrorism, arson, rebellion, riot, civil commotion, civil unrest, armed hostility, lockout, any health pandemic, interference of trade unions, go-slow by labour or the introduction, imposition or any change in law or order or any circumstances arising or action taken beyond or outside the reasonable control of a Party, provided such Party has notified the other Parties in writing within 10 (ten) Business Days of such occurrence. A Party shall be entitled to terminate this Agreement by written notice to the other Parties, should an event as contemplated in this clause persist continuously for a period of 90 (ninety) days or more.

12.12 This subscription-based contract is valid for and limited to a single registered residential address as specified by the Client at the time of signing this agreement. All services provided under this contract shall be rendered solely at the registered address and shall not be transferred or extended to any other location without the prior written consent of the Service Provider.

12.13 Any attempt to utilise the subscription services at an alternative location without such consent shall constitute a breach of contract and may result in immediate suspension or termination of the subscription. The Client is responsible for notifying the Service Provider in writing of any changes to the registered service address. Approval of such changes is at the sole discretion of the Service Provider and may be subject to an updated subscription agreement or revised pricing.

12.14 The Client must disclose any known defects, hazards, or safety risks ahead of scheduled visits.

12.15 The Service Provider may adjust pricing or scope annually, with 90 days' written notice.

12.16 The Parties consent to execute and deliver this Service Level Agreement electronically (including via recognised e-signature platform or by emailing a signed PDF). An electronic signature will have the same force and effect as a handwritten signature under the Electronic Communications and Transactions Act, 2002 (ECTA). This SLA is effective on the date the last Party signs (Effective Date). Each signatory warrants authority to bind its Party.

By signing below, both parties confirm their acceptance of this Subscription Agreement and its enforceability.

The Client acknowledges that he or she has read, understood, and accepted the terms outlined herein, including but not limited to:

1. The definition, scope, and frequency of emergency services.
2. The billing terms, cancellation policy, and minimum subscription period.