Palmetto Protect Terms & Conditions

Palmetto Protect Subscription Plan Agreement: Essentials

This Palmetto Protect Essentials Subscription Plan Agreement ("Agreement") is entered into between You("Customer"; “You”) and Palmetto Solar LLC ("Palmetto"), effective as of the date of enrollment in the Essentials Plan (the "Effective Date"). By enrolling in the Palmetto Protect Essentials SubscriptionPlan (the "Plan"), Youagree to the following terms and conditions:

1. Overview

The Palmetto Protect EssentialsSubscription Plan is a monthly subscription service that offers access to proactive monitoring, remote diagnostic support, access to Palmetto’s national field service network, and dispatch services.

2. Scope of Services

Under the Essentials Plan, Palmetto will provide the following services:

Proactive Monitoring & Alerts: Continuous remote monitoring of Your solar energy system, including automated alerts for certain performance issues.
Remote Diagnosis & Troubleshooting: Remote support for performance or operational issues.
Nationwide Field Service Network Access: Access to Palmetto’s network of Approved Field Services Technicians.
$0 Operational Support Fee: Waiver of standard fees associated with troubleshooting and service coordination.

3. Service Limitations

Palmetto’s obligation to provide services is subject to the following limitations:

Services are limited to systems originally installed by or enrolled through Palmetto.
Service visits are provided solely for issues identified through monitoring or customer reports and do not include annual inspections or preventive maintenance.
No warranty coverage is offered under this plan for any equipment, workmanship, roof, or battery systems.
Labor and parts for repairs are not included under this plan. Any labor costs incurred during repairs or field service will be the Customer’s responsibility.

4. Customer Responsibilities

The Customer agrees to:

Maintain system access and safe working conditions for technicians.
Avoid unauthorized repairs or alterations.
Prevent excessive shading and soiling of the solar panels.
Obtain Palmetto’s prior written approval before modifying the Premises in ways that could affect system performance.

5. Subscription and Fees

The monthly subscription fee for the Essentials Plus Plan is $9.99. Charges will be billed monthly and continue until the Customer cancels or downgrades the Plan.

6. Term and Termination

The subscription is month-to-month and begins upon confirmation of enrollment.
Either party may terminate the Agreement with 30 days’ written notice.
Termination will not affect obligations or fees incurred prior to the termination date.
If You sell or otherwise transfer ownership of Your home, this Agreement shall NOT automatically transfer to the transferee.

7. Fees, Expenses and Payment

Compensation. Customer shall pay Palmetto Solar the fees as agreed to by and between You and Palmetto Solar. Any termination of this Agreement shall not affect the Customer’s obligation to make all payments due prior to the effective date of such termination or which expressly survive termination of the Agreement.

Expenses. To the extent Palmetto Solar performs services which are not included in the Services covered in Section 2 of this Agreement herein, including services in connection with Service Limitations, Customer agrees to reimburse Palmetto Solar for all actual, documented and reasonable travel and out-of-pocket expenses incurred by Palmetto Solar in connection with the performance therein. Customer agrees, accepts and acknowledges that Force Majeure Events may result in additional costs and expense payable by the Customer in connection with Palmetto Solar’s performance of the Services.

Invoices. Palmetto Solar shall issue invoices to Customer and Customer shall pay all properly invoiced amounts due to Palmetto Solar within thirty (30) days of thereafter Customer's receipt of such invoice date. All payments hereunder shall be in US dollars and made by check or wire transfer. Amounts unpaid after the due date shall be subject to an additional service charge at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower. Notwithstanding anything in this Agreement to the contrary, if Customer fails to pay all invoices within the required period, Palmetto Solar shall be entitled to suspend all Services for so long as any invoice remains unpaid.

Taxes. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder; provided, that, in no event shall Customer pay or be responsible for any taxes imposed on, or with respect to, Palmetto Solar 's income, revenues, gross receipts, personnel or real or personal property or other assets.

8. Representation and Liability

Standard of Care. Palmetto Solar represents and warrants that the Services will be performed in a reasonable and workmanlike manner, in accordance with prevailing industry standards. THIS SECTION 86.1 IS THE SOLE WARRANTY GIVEN IN CONNECTION WITH THE SERVICES AND ANY DELIVERABLES HEREUNDER AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFRINGEMENT OR OTHERWISE. THE WARRANTIES EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, AND WHETHER ANY CLAIMS ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE THEORY. THE WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE SHALL BE EXCLUDED.

ASSUMPTION OF RISK. IT IS UNDERSTOOD THAT PALMETTO SOLAR IS NOT AN INSURER AND THAT THE AMOUNTS PAYABLE TO PALMETTO SOLAR ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY HEREIN IS UNRELATED TO THE VALUE OF THE CUSTOMER’S PROPERTY. PALMETTO SOLAR MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SERVICES WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SERVICES ARE DESIGNED TO PROTECT. CUSTOMER AGREES THAT PALMETTO SOLAR SHALL BE EXEMPT FROM LIABILITY FOR LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES OR CONSEQUENCES WHICH THE SERVICES ARE DESIGNED TO DETECT OR AVERT. TO THE EXTENT PALMETTO SOLAR IS FOUND LIABLE WITH RESPECT TO A FAILURE OF THE SERVICES, PALMETTO SOLAR’S LIABILITY SHALL BE EXPRESSLY LIMITED TO THE SECTIONS BELOWSECTIONS 6.3 AND 6.4. NO SUIT OR ACTION SHALL BE BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION THEREFORE. PALMETTO SOLAR BEARS NO RESPONSIBILITY OR LIABILITY FOR DESTRUCTION OR DAMAGE TO THE PREMISES OR OTHER PROPERTY AT THE PREMISES CAUSED BY AN EXTERNAL FORCE OR ACTOR OTHER THAN PALMETTO SOLAR OR ITS APPROVED SUBCONTRACTORS.

LIMITATION ON LIABILITY. EXCEPT FOR AMOUNTS DUE AND PAYABLE HEREUNDER BY CUSTOMER, IN NO EVENT WILL EITHER PARTY'S 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 PALMETTO SOLAR IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

INDIRECT DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA 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 SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Miscellaneous

Further Assurance. Each Party shall, upon the reasonable request, execute such documents and perform such acts as may be necessary to give full effect to the terms of this Agreement.

Relationship Between the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.

Customer Representations. By entering into this Agreement, You make the following representations and warranties: (i) You are eighteen (18) years of age or older; and (ii) You have authority to enter into this Agreement with respect to the System, including the authority to grant Palmetto Solar access to the System and the Premises as required by this Agreement.

Notice. All notices given under this Agreement shall be sufficient if in writing and delivered by hand delivery or certified or overnight mail, postage prepaid, to the other party at the address set forth in the introductory paragraph to this Agreement.

No Assignment. Subject to the terms of Section 3.5, Customer may not assign, transfer or delegate any or all of its rights or obligations under this Agreement, with the prior written consent of Palmetto Solar. Palmetto Solar may assign, transfer or delegate any or all of its rights or obligations under this Agreement upon ten (10) days prior notice. Any attempted assignment, transfer or other conveyance in violation of the foregoing shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Palmetto Solar shall have the right to subcontract any or all of the Services without the consent of the Customer.

10. Dispute Resolution

The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement. Either Party may give the other Party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving Party shall submit to the other a written response. The notice and the response shall include: (a) a statement of each Party's position and a summary of arguments supporting that position; and (b) the name and title of the executive who will represent that Party. Within thirty (30) days after delivery of the disputing Party’s notice, both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Any dispute arising out of or relating to this Agreement, including the breach, termination, or validity of any part of this Agreement, shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention and Resolution Rules for Non-Administered Arbitration (the “Rules”) by a sole arbitrator. In the event of any conflict between the Rules and this Agreement, this Agreement shall apply. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. THE PARTIES EACH EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL AND ANY OTHER CIVIL COURT PROCEEDING AND AGREE THAT THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING ON THE PARTIES. The Parties further agree that: either Party may initiate arbitration by sending a demand for arbitration to the other by certified mail, return receipt requested at the address for the other Party set forth in this Agreement.

The Parties shall each nominate three candidates for sole arbitrator within thirty (30) days of the date of receipt of the demand for arbitration. Nominations shall be sent by certified mail, return receipt requested at the address for the other Party set forth in this Agreement, unless otherwise agreed by the Parties. Arbitrator candidates must be either a retired judge of any federal or state court in the forum in which the arbitration takes place, admitted as a neutral by the International Institute for Conflict Prevention & Resolution, listed on the American Arbitration Association National Roster of arbitrators and mediators, or approved as a neutral by JAMS. Within five (5) business days of receipt of the nominations of arbitrators, each Party shall strike two candidates from the other’s nominations and the sole arbitrator shall be selected from the remaining two (2) candidates by drawing lots. If either Party fails to perform any of these steps for selecting the arbitrator within the time period provided and the other Party has timely complied with these steps to the extent possible in view of the other’s failure, then the complying Party may select the arbitrator from the nominated candidates. The arbitrator shall be relieved of all judicial formalities. The arbitrator shall have the authority to determine the enforceability of this Agreement to arbitrate as well as whether a claim is arbitrable. The arbitrator shall apply the law of the State of South Carolina. The place of the arbitration shall be in Columbia, South Carolina, but either Party may attend the arbitration telephonically or by video conference. If it is determined that this forum selection provision is unenforceable, then the Parties agree to arbitrate in the capital city of the jurisdiction of the state listed in the address identified on Page 1 of this Agreement.

It is the intent of the Parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty (120) days from the date the arbitrator is appointed. The arbitrator may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award. The arbitrator shall have no authority to award punitive, consequential, special, or indirect damages. The arbitrator shall not be entitled to issue injunctive or other equitable relief. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SEEK PUNITIVE, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES OR TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF. Unless such costs are specifically awarded as damages by the arbitrator, each Party shall bear its own costs with respect to the arbitration and the Parties shall equally share any fees charged by the arbitrator and any administrative costs associated with the arbitration and jointly incurred by and with the agreement of both Parties. Any court action to enforce this arbitration provision or otherwise arising out of or relating to this Agreement shall be brought in and can only be maintained in a court of competent jurisdiction within the State of South Carolina except that either Party may seek to enforce an arbitration award in any appropriate jurisdiction that has jurisdiction over the Parties or their assets subject to an action to enforce a judgment.

CLASS ACTION WAIVER. BOTH PARTIES WAIVE ANY AND ALL RIGHTS TO INSTITUTE, JOIN, OR PARTICIPATE AS A PARTY IN ANY CLASS ACTION AGAINST THE OTHER IN ANY WAY CONCERNING THIS AGREEMENT, WHETHER FILED IN ANY STATE OR FEDERAL COURT OR ASSERTED IN ANY ARBITRATION AND WHETHER UNDER STATE OR FEDERAL LAW OR RULE OF PROCEDURE.

Severability. In case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

Amendment and Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Party hereto. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. There shall be no third-party beneficiaries of this Agreement.

Publicity. Neither Party shall issue or release any announcement, statement, press release or other publicity or marketing materials relating to this Agreement, or otherwise use the other Party's trademarks, service marks, trade names, logos, symbols or brand names, in each case, without the prior written consent of the other Party.

Force Majeure. A “Force Majeure Event” means any event, condition, or circumstance beyond the Parties’ control and not caused by a Party or its approved subcontractors or agents. Included among such events would be: an act of god; hostilities or warlike operations (whether declared or undeclared); civil war; rebellion; revolution; civil commotion assuming the proportions of or amounting to an uprising; military or usurped power; acts of terrorism; invasion; acts of foreign enemies; sabotage; riot; insurrection; civil unrest or disturbance; military or guerilla action; terrorism; economic sanction or embargo; civil strike, work stoppage, slow-down, or lock-out; explosion; fire; earthquake; abnormal weather conditions or actions of the elements (including abnormal lack of or abnormally inadequate sunshine); hurricane; flood; lightning; wind; drought; hail; volcanic eruptions; meteorite strike; sand; dirt; the binding order of any governmental authority; changes in any applicable law relating specifically to the Services which materially and adversely affects the ability of Palmetto Solar to perform its obligations; unavailability of electricity from the utility grid, equipment, supplies, or products; and failure of equipment not utilized by Palmetto Solar or its approved subcontractors; shortages of, or inability to obtain at reasonable costs, labor, fuel, power, supplies, or raw materials; inability to obtain or delays of transportation facilities; or any other cause (whether similar or dissimilar to the foregoing) beyond the reasonable control of Palmetto Solar. Neither party shall be liable for delay in performance or failure of performance hereunder due to a Force Majeure Event, except that a Force Majeure Event shall not impact Customer’s payment obligations herein. If the System differs, in any way, from how it is described to Palmetto Solar, You agree that Palmetto Solar will have the right to: (a) continue this Agreement unchanged, (b) terminate this Agreement and refund any prepaid fees set forth in this Agreement, or (c) modify this Agreement to reflect the changes to the System. If Palmetto Solar issues modifications to the Agreement, Palmetto Solar will provide You with the modified Agreement, in written or electronic form, along with an explanation of the reason for the modification. You will have thirty (30) days from the time the modified Agreement is sent to reject the modified Agreement. If You do not provide Palmetto Solar with written notice of Your decision to reject the modifications to the Agreement within thirty (30) days, the modifications to the Agreement will be deemed accepted and You will have agreed to be bound by the terms thereof. If You provide Palmetto Solar with written notice of Your decision to reject the modifications to the Agreement within thirty (30) days, this Agreement will be deemed terminated and You will receive a prorated refund of any prepaid fees set forth in this Agreement. In order to reject the modified Agreement, You must provide written notice of Your decision to Palmetto Solar.

Counterparts. This Agreement may be executed in counterparts, including electronic signatures or digitally clicking acceptance of the terms, each of which shall be deemed an original and all of which together shall constitute one and the same Agreement.

11. Entire Agreement

This Agreement together with all Exhibits constitutes the entire agreement of the parties hereto and supersedes all prior representations, proposals, discussions, and communications, whether oral or in writing.

By enrolling in the Essentials Plan, the Customer agrees to the terms and conditions outlined above.

Palmetto Protect Subscription Plan Agreement: Essentials Plus

This Palmetto Protect Subscription Plan Agreement ("Agreement") is entered into between You ("Customer") and Palmetto Solar LLC ("Palmetto"), effective as of the date of enrollment in the Palmetto Protect Essentials Plus Subscription Plan (the "Effective Date"). By enrolling in the Palmetto Protect Essentials Plus Subscription Plan (the "Plan"), You agree to the following terms and conditions:

1. Overview

The Palmetto Protect Essentials Subscription Plan is a monthly subscription service that offers access to proactive monitoring, remote diagnostic support, access to Palmetto’s national field service network, dispatch services, and discounted labor rates for eligible in-warranty solar system repairs.

2. Scope of Services

Under the Essentials Plus Plan, Palmetto will provide the following services:

Proactive Monitoring & Alerts: Continuous remote monitoring of Your solar energy system, including automated alerts for critical performance issues.
Remote Diagnosis & Troubleshooting: Remote support for performance or operational issues.
Nationwide Field Service Network Access: Access to Palmetto’s network of Approved Field Services Technicians.
$0 Operational Support Fee: Waiver of standard service fees associated with troubleshooting and service coordination.
20% Labor Discount: You will be eligible to receive a 20% discount on labor costs for certain qualifying repairs of components that are still under warranty (see Service Limitations and Non-Covered Services for details on excluded repairs).

3. Service Limitations

Palmetto’s obligation to provide services is subject to the following limitations:

Services are limited to systems originally installed by or enrolled through Palmetto.
Service visits are provided solely for issues identified through monitoring or customer reports and do not include annual inspections or preventive maintenance.
No warranty coverage is offered under this plan for any equipment, workmanship, roof, or battery systems.
Any labor costs (outside of the qualifying 20% discount) incurred during repairs or field service will be the Customer’s responsibility.

4. Non-Covered Services

Palmetto will not be responsible for parts or labor costs in the following situations:

Any system serviced by a non-Palmetto-approved field service technician.
Parts (modules, inverters, monitoring systems) not covered by a manufacturer or third-party warranty, or if such warranties are expired, unfulfilled, or invalidated.
Equipment subject to manufacturer recall or known product defects (5% or more of units affected nationwide).
Damages resulting from: Unauthorized work or system alterations, power or voltage surges, external forces including weather, animals, theft, or vandalism, damage or destruction to the property that prevents system operation, any change to the property or surrounding area affecting sunlight exposure without prior written approval from Palmetto, denial of timely access to the system for service, shutdowns by the utility, government, or as a result of Force Majeure Events, unsafe or unreasonable service conditions.
Shading or soiling of the system is the customer’s sole responsibility. No services will be provided to address performance issues due to shading or soiling.
This plan does not cover battery systems.
Any damages or repairs related to the roof or any external structures (sheds, air conditioning units, additional solar panels not installed by Palmetto, etc.)
Internal repairs

5. Customer Responsibilities

The Customer agrees to:

Maintain system access and safe working conditions for technicians.
Avoid unauthorized repairs or alterations.
Prevent excessive shading and soiling of the solar panels.
Obtain Palmetto’s prior written approval before modifying the Premises in ways that could affect system performance.

6. Subscription and Fees

The monthly subscription fee for the Essentials Plus Plan is $14.99. Charges will be billed monthly and continue until the Customer cancels or downgrades the Plan.

7. Terms and Termination

The subscription is annual and begins upon confirmation of enrollment.
Either party may terminate the Agreement with 30 days’ written notice after the first month.
Termination will not affect obligations or fees incurred prior to the termination date.
If You sell or otherwise transfer ownership of Your home, this Agreement will NOT automatically transfer to the transferee of Your home.

8. Fees, Expenses and Payment

Invoices. Palmetto Solar shall issue invoices to Customer and Customer shall pay all properly invoiced amounts due to Palmetto Solar within thirty (30) days of the after Customer's receipt of such invoice date. All payments hereunder shall be in US dollars and made by check or wire transfer. Amounts unpaid after the due date shall be subject to an additional service charge at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower. Notwithstanding anything in this Agreement to the contrary, if Customer fails to pay all invoices within the required period, Palmetto Solar shall be entitled to suspend all Services for so long as any invoice remains unpaid.

9. Representation and Liability

10. Miscellaneous

Further Assurance. Each Party shall, upon the reasonable request, execute such documents and perform such acts as may be necessary to give full effect to the terms of this Agreement.

11. Dispute Resolution

Counterparts. This Agreement may be executed in counterparts, including electronic signatures or digitally clicking acceptance of the terms, each of which shall be deemed an original and all of which together shall constitute one and the same Agreement.

12. Entire Agreement

By enrolling in the Essentials Plus Plan, the Customer agrees to the terms and conditions outlined above.

Palmetto Protect Subscription Plan Agreement: Peace of Mind

This Palmetto Protect Subscription Plan Agreement ("Agreement") is entered into between You("Customer"; “You”) and Palmetto Solar LLC ("Palmetto"), effective as of the date of enrollment in the Palmetto Protect Peace of Mind Subscription Plan (the "Effective Date"). By enrolling in the Palmetto Protect Peace of Subscription Mind Plan (the "Plan"), You agree to the following terms and conditions:

1. Overview

The Palmetto Protect Peace of Mind Subscription Plan is an annual subscription service that offers access to proactive monitoring, remote diagnostic support, access to Palmetto’s national field service network, dispatch services, and discounted labor rates for eligible in-warranty solar system repairs.

2. Scope of Services

Under the Peace of Mind Plan, Palmetto will provide the following services:

Proactive Monitoring & Alerts: Continuous remote monitoring of Your solar energy system, including automated alerts for certain performance issues.
Remote Diagnosis & Troubleshooting: Remote support for performance or operational issues.
Nationwide Field Service Network Access: Access to Palmetto’s network of Approved Field Services Technicians.
$0 Operational Support Fee: Waiver of standard fees associated with troubleshooting and service coordination.
100% Labor Discount: You will receive a 100% discount on labor costs for qualifying repairs of components that are still under warranty (see Service Limitations and Non-Covered Services for details on excluded repairs).

3. Service Limitations

Palmetto’s obligation to provide services is subject to the following limitations:

Services are limited to systems originally installed by or enrolled through Palmetto.
Service visits are provided solely for issues identified through monitoring or customer reports and do not include annual inspections or preventive maintenance.
No warranty coverage is offered under this plan for any equipment, workmanship, roof, or battery systems.

4. Non-Covered Services

Palmetto will not be responsible for parts or labor costs in the following situations:

Any system serviced by a non-Palmetto-approved field service technician.
Parts (modules, inverters, monitoring systems) not covered by a manufacturer or third-party warranty, or if such warranties are expired, unfulfilled, or invalidated.
Equipment subject to manufacturer recall or known product defects (5% or more of units affected nationwide).
Damages resulting from: unauthorized work or system alterations, power or voltage surges, external forces including weather, animals, theft, or vandalism, damage or destruction to the property that prevents system operation, any change to the property or surrounding area affecting sunlight exposure without prior written approval from Palmetto, denial of timely access to the system for service, shutdowns by the utility, government, or as a result of Force Majeure Events, and unsafe or unreasonable service conditions.
Shading or soiling of the system is the customer’s sole responsibility. No services will be provided to address performance issues due to shading or soiling.
This plan does not cover battery systems.
Any damages or repairs related to the roof or any external structures (sheds, air conditioning units, additional solar panels not installed by Palmetto, etc.)
Internal repairs

5. Customer Responsibilities

The Customer agrees to:

Maintain system access and safe working conditions for technicians.
Avoid unauthorized repairs or alterations.
Prevent excessive shading and soiling of the solar panels.
Obtain Palmetto’s prior written approval before modifying the Premises in ways that could affect system performance.

6. Subscription and Fees

The annual subscription fee for the Peace of Mind Plan is $249.99. Charges will be billed annually and continue until the Customer cancels or downgrades the Plan.

7. Term and Termination

The subscription is annual and begins upon confirmation of enrollment.
Either party may terminate the Agreement with 30 days’ written notice after the first year.
Termination will not affect obligations or fees incurred prior to the termination date.
If You sell or otherwise transfer ownership of Your home, this Agreement will NOT automatically transfer to the transferee of Your home.

8. Fees, Expenses and Payment

Compensation. Customer shall pay Palmetto the fees as agreed to by and between You and Palmetto. Any termination of this Agreement shall not affect the Customer’s obligation to make all payments due prior to the effective date of such termination or which expressly survive termination of the Agreement.

Expenses. To the extent Palmetto performs services which are not included in the Services covered in Section 2 of this Agreement, including services in connection with Service Limitations, Customer agrees to reimburse Palmetto for all actual, documented and reasonable travel and out-of-pocket expenses incurred by Palmetto in connection with the performance therein. Customer agrees, accepts and acknowledges that Force Majeure Events may result in additional costs and expense payable by the Customer in connection with Palmetto performance of the Services.

Invoices. Palmetto shall issue invoices to Customer and Customer shall pay all properly invoiced amounts due to Palmetto within thirty (30) days of the invoice date. All payments hereunder shall be in US dollars and made by check or wire transfer. Notwithstanding anything in this Agreement to the contrary, if Customer fails to pay all invoices within the required period, Palmetto shall be entitled to suspend all Services for so long as any invoice remains unpaid.

Taxes. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder; provided, that, in no event shall Customer pay or be responsible for any taxes imposed on, or with respect to, Palmetto 's income, revenues, gross receipts, personnel or real or personal property or other assets.

9. Representation and Liability

Standard of Care. Palmetto represents and warrants that the Services will be performed in a reasonable and workmanlike manner, in accordance with prevailing industry standards. THIS SECTION 8 IS THE SOLE WARRANTY GIVEN IN CONNECTION WITH THE SERVICES AND ANY DELIVERABLES HEREUNDER AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFRINGEMENT OR OTHERWISE. THE WARRANTIES EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, AND WHETHER ANY CLAIMS ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE THEORY. THE WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE SHALL BE EXCLUDED.

ASSUMPTION OF RISK. IT IS UNDERSTOOD THAT PALMETTO IS NOT AN INSURER AND THAT THE AMOUNTS PAYABLE TO PALMETTO ARE BASED UPON THE VALUE OF THE SERVICES AND THE SCOPE OF LIABILITY HEREIN IS UNRELATED TO THE VALUE OF THE CUSTOMER’S PROPERTY. PALMETTO MAKES NO GUARANTEE OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, THAT THE SERVICES WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SERVICES ARE DESIGNED TO PROTECT. CUSTOMER AGREES THAT PALMETTO SHALL BE EXEMPT FROM LIABILITY FOR LOSS OR DAMAGE DUE DIRECTLY OR INDIRECTLY TO OCCURRENCES OR CONSEQUENCES WHICH THE SERVICES ARE DESIGNED TO DETECT OR AVERT. TO THE EXTENT PALMETTO IS FOUND LIABLE WITH RESPECT TO A FAILURE OF THE SERVICES, PALMETTO LIABILITY SHALL BE EXPRESSLY LIMITED TO THE SECTIONS BELOW. NO SUIT OR ACTION SHALL BE BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION THEREFORE. PALMETTO BEARS NO RESPONSIBILITY OR LIABILITY FOR DESTRUCTION OR DAMAGE TO THE PREMISES OR OTHER PROPERTY AT THE PREMISES CAUSED BY AN EXTERNAL FORCE OR ACTOR OTHER THAN PALMETTO OR ITS APPROVED SUBCONTRACTORS.

LIMITATION ON LIABILITY. EXCEPT FOR AMOUNTS DUE AND PAYABLE HEREUNDER BY CUSTOMER, IN NO EVENT WILL EITHER PARTY'S 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 PALMETTO IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Miscellaneous

Further Assurance. Each Party shall, upon the reasonable request, execute such documents and perform such acts as may be necessary to give full effect to the terms of this Agreement.

Customer Representations. By entering into this Agreement, You make the following representations and warranties: (i) You are eighteen (18) years of age or older; and (ii) You have authority to enter into this Agreement with respect to the System, including the authority to grant Palmetto access to the System and the Premises as required by this Agreement.

No Assignment. Subject to the terms of Section 3.5, Customer may not assign, transfer or delegate any or all of its rights or obligations under this Agreement, with the prior written consent of Palmetto. Palmetto may assign, transfer or delegate any or all of its rights or obligations under this Agreement upon ten (10) days prior notice. Any attempted assignment, transfer or other conveyance in violation of the foregoing shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Palmetto shall have the right to subcontract any or all of the Services without the consent of the Customer.

11. Dispute Resolution

Force Majeure. A “Force Majeure Event” means any event, condition, or circumstance beyond the Parties’ control and not caused by a Party or its approved subcontractors or agents. Included among such events would be: an act of god; hostilities or warlike operations (whether declared or undeclared); civil war; rebellion; revolution; civil commotion assuming the proportions of or amounting to an uprising; military or usurped power; acts of terrorism; invasion; acts of foreign enemies; sabotage; riot; insurrection; civil unrest or disturbance; military or guerilla action; terrorism; economic sanction or embargo; civil strike, work stoppage, slow-down, or lock-out; explosion; fire; earthquake; abnormal weather conditions or actions of the elements (including abnormal lack of or abnormally inadequate sunshine); hurricane; flood; lightning; wind; drought; hail; volcanic eruptions; meteorite strike; sand; dirt; the binding order of any governmental authority; changes in any applicable law relating specifically to the Services which materially and adversely affects the ability of Palmetto to perform its obligations; unavailability of electricity from the utility grid, equipment, supplies, or products; and failure of equipment not utilized by Palmetto or its approved subcontractors; shortages of, or inability to obtain at reasonable costs, labor, fuel, power, supplies, or raw materials; inability to obtain or delays of transportation facilities; or any other cause (whether similar or dissimilar to the foregoing) beyond the reasonable control of Palmetto. Neither party shall be liable for delay in performance or failure of performance hereunder due to a Force Majeure Event, except that a Force Majeure Event shall not impact Customer’s payment obligations herein. If the System differs, in any way, from how it is described to Palmetto, You agree that Palmetto will have the right to: (a) continue this Agreement unchanged, (b) terminate this Agreement and refund any prepaid fees set forth in this Agreement, or (c) modify this Agreement to reflect the changes to the System. If Palmetto issues modifications to the Agreement, Palmetto will provide You with the modified Agreement, in written or electronic form, along with an explanation of the reason for the modification. You will have thirty (30) days from the time the modified Agreement is sent to reject the modified Agreement. If You do not provide Palmetto with written notice of Your decision to reject the modifications to the Agreement within thirty (30) days, the modifications to the Agreement will be deemed accepted and You will have agreed to be bound by the terms thereof. If You provide Palmetto with written notice of Your decision to reject the modifications to the Agreement within thirty (30) days, this Agreement will be deemed terminated and You will receive a prorated refund of any prepaid fees set forth in this Agreement. In order to reject the modified Agreement, You must provide written notice of Your decision to Palmetto.

12. Entire Agreement

By enrolling in the Peace of Mind Plan, the Customer agrees to the terms and conditions outlined above.