Palmetto Peace of Mind Terms of Service

Last updated September 24, 2020

1. Palmetto Peace of Mind Plan

These are the terms (“Terms”) that govern the technical support, services, and special pricing that we will provide under the Peace of Mind Plan (“Plan”). We will provide these services and benefits to the person who purchased the Plan (“Purchaser”). We will provide the support and services to you described in these Terms for your solar equipment Installed by Palmetto. However, this Plan is not a guarantee, warranty, or extended warranty that your products will not contain defects or that we can repair any item or that we will replace or provide a refund of your product’s purchase price in the event your product cannot be repaired. Parts and services covered during the manufacturer’s warranty period are the responsibility of the manufacturer. NOTE THAT THIS IS AN AUTOMATICALLY RENEWING PLAN. FOR MORE INFORMATION ON THIS, SEE SECTION 8.

2. Here’s what the plan includes

Subject to these Terms, particularly Sections 3 and 4, we will provide the following standard-level services

a. Labor requirements for replacement or service of all parts under warranty, as well as consumable parts totaling less than $100.00 per visit.

b. Manufacturer Warranty administration, management of all warranty claims for existing equipment, including use of “pull from stock” inventory to expedite repair turnarounds

c. Guaranteed service timelines. Palmetto will have a technician on site within 5 days of requested service or the purchaser will be eligible for a $50 payment.

d. Discounts on additional products, including Pest Abatement, Panel Cleaning, Removal and Reinstallation services, storage, roofing, and consumption meter services.

e. Virtual service support, with proactive review of system performance.

3. What is not covered?

a. Except as otherwise outlined above, accidental damage, insect and rodent infestation, damage caused by any animal (including but not limited to damage caused by beaks, claws and jaws), misuse, abuse, or intentional physical damage;

b. Service performed by unauthorized repair personnel;

c. Except as otherwise outlined above, cosmetic damage, including scratches and gouges under 1 inch (1”)

d. Breakdowns resulting from Acts of God;

e. Products that are not listed on or covered by this Plan;

f. Consequential or incidental damages, including but not limited to, loss of use, loss of business, loss of profits, charges for time and effort, except as otherwise described above;

g. “No Problem Found” diagnosis;

h. Any breakdowns, parts and/or labor costs incurred that are associated with a manufacturer’s recall, regardless of the manufacturer’s ability to pay for such repairs;

i. Pre-existing conditions;

j. Breakdowns caused by third-party actions, fire, water leaks, collision, vandalism or theft;

k. Liability or damage to property, or injury or death to any person or pet arising out of the operation, maintenance or use of the product;

l. Cost of preventative maintenance and breakdowns caused by improper preventative maintenance including but not limited to improper cleaning;

m. Breakdowns resulting from war, invasion or act of foreign enemy, hostilities, civil war, rebellion, riot, strike, labor disturbance, lockout or civil commotion;

4. Additional information regarding fees:

A service charge of $99 will apply for all requested service for issues caused by unauthorized 3rd party modifications or pest damage. This fee will be waived if remediation is completed by Palmetto.

5. How to get our help.

You may obtain service by accessing the Palmetto Home App and corresponding via chat, sending an inquiry through https://www.palmetto.com/about/contact/ or by calling us at 855-339-1831. Service performed at the Service Address will be provided during normal business hours.

6. Your other responsibilities.

To receive service or support under any Plan, you agree to comply with each of the terms and conditions listed below and as otherwise stated in these Terms:

a. You will provide information about the symptoms and causes of the issues you are experiencing.

b. You will respond to our requests for information such as the system design specifications, serial number, model, version of the operating system and software installed, any peripheral devices connected or installed on the product, any error messages displayed, the actions taken before the product experienced the issue, and the steps taken to resolve the issue.

c. To receive certain services, you may be required to sign a service order or other terms and conditions. Any such other terms and conditions do not form a part of these Terms and are a separate legal document.

d. You will provide access to the Service Address (and any devices, appliances, products, equipment requiring technical support, or service) during normal business hours for us to provide support and/or services. To qualify for guaranteed timelines, you must provide access within 5 business days of the initial service request.

e. You must provide a safe, non-threatening environment for us to provide technical support and/or services.

f. If any building or zoning permits are necessary for installation or repair services, you are responsible for paying for and/or obtaining these permits and the cost associated with these permits.

7. Eligibility for service; transferring the plan.

If responsibility for the Plan has changed or the Service Address associated with the Plan has changed, we will, without charge, update our records to reflect the transfer of responsibility or change as the case may be. The original purchase receipts and any service receipts should be transferred to the new owner and/or Service Address. You may transfer service by accessing the Palmetto Home App and corresponding via chat, sending an inquiry through https://www.palmetto.com/about/contact/ or by calling us at 855-339-1831 to transfer the Plan. Information provided by you must include the Plan number, date of transfer, new owner’s name, complete address and telephone number.

8. When the plan begins and ends; types of plans.

The Plan begins on the date it is initially purchased except that Gifted Plans will start when the activation steps are completed. The Plan ends as explained below depending on what type of Plan was purchased (the “Service Period”). The Purchaser’s payment receipt or the email we will send confirming the purchase will identify which type of plan was purchased.

a. Monthly Plans.

If the Purchaser paid for a month-to-month Plan, the Plan will continue indefinitely on a month-to-month basis until it is cancelled or reaches 25 years of duration. Until the Plan described in this paragraph is cancelled, the Purchaser authorizes us to charge his/her credit or debit card at the beginning of each monthly billing period the then-current price for the Plan, subject to us giving notice to the Purchaser of any price changes. Prior to the beginning of each monthly billing period we will send the Purchaser a reminder that his/her credit or debit card will be charged at the start of the upcoming monthly billing period unless the Plan is cancelled.

b. Transferred Plans.

Transferred plans will assume the same plan terms as originally purchased. Until the Plan is cancelled, the Purchaser authorizes us to charge his/her credit or debit card at the beginning of each monthly billing period the then-current price for the Plan, subject to us giving notice to the Purchaser of any price changes. Prior to the beginning of each monthly or yearly billing period we will send the Purchaser a reminder that his/her credit or debit card will be charged at the start of the upcoming yearly billing period unless the Plan is cancelled.

9. Cancellation; renewal; and change of terms or plan price.

a. How to cancel.

The Purchaser or Subscriber, as applicable, may cancel the Plan at any time by accessing the Palmetto Home App and corresponding via chat, sending an inquiry through https://www.palmetto.com/about/contact/ or by calling us at 855-339-1831 to transfer the Plan.

b. Cancellation within 30 days.

The Purchaser may cancel the Plan and receive a refund in the amount paid for the Plan if the cancellation is within 30 days of purchase of the Plan.

c. Continuous Monthly Plan.

If the Purchaser cancels a Continuous Monthly Plan at any time, the Purchaser will receive service through the duration of that month’s payment period, at which point the plan and associated services will be cancelled.

d. Cancellation or Suspension of Service by Us.

The Plan you purchased may be cancelled by us due to the your fraud or material misrepresentation, unsafe work environment/conditions as determined by us, or your nonpayment of the annual fee if you purchased an Continuous Yearly Plan, or other amounts owed to us under the Plan (“Non-Payment Event”). If a Non-Payment Event occurs, we will provide the Purchaser written notice (e.g., email) of the Non-Payment Event. If you do not cure the Non-Payment Event within 30 days after delivery of our notice of such Non-Payment Event, then (i) if you purchased a Continuous Yearly Plan, it will be cancelled retroactively to midnight on the last day of the preceding annual period. We may also suspend performance of our obligations while a Non-Payment Event exists or any other situation where you failed to pay us an amount that is due or where you failed to comply with or fulfill any other material obligation under this Plan.

10. Renewals.

CONTINUOUS MONTHLY PLANS. AS EXPLAINED IN SECTION 8 ABOVE, YOUR MONTHLY PLAN WILL CONTINUE INDEFINITELY ON A MONTH-TO-MONTH BASIS UNTIL CANCELLED OR NOT RENEWED BY YOU OR US IN ACCORDANCE WITH THESE TERMS. At our discretion, we may discontinue the renewal of your Continuous Monthly Plan on at least 30 days’ prior written notice or offer you a new service contract. For Continuous Monthly Plans, we will remind you in advance of the renewal of your plan by sending a message to the e-mail address that you have provided to us. Subject to our responsibility to inform you in advance of a change in price provided in Section 11 below, your designated payment card will be charged the amount of the then-current price of the Plan if you do not cancel a Continuous Monthly Plan prior to the applicable renewal date.

11. Change of terms or plan price.

We reserve the right to change these Terms or the price of the Plan at any time upon 30 days’ notice to you. If we make a material change to these Terms, you may cancel the Plan before such changes take effect and we will give you a pro-rata refund for any prepaid amounts.

12. Communications.

We will send communications to you regarding cancellations, renewals of Continuous Yearly Plans, and changes in terms or price to the e-mail address that you have provided to us. It is your responsibility to contact us at 855-339-1831 to update your e-mail address if necessary.

13. Disclaimer of warranties.

DISCLAIMER. THE INSTALLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SYSTEM OR THE INSTALLATION, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

14. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THESE TERMS. EXCEPT AS OTHERWISE PROVIDED FOR OBLIGATIONS TO MAKE PAYMENT UNDER THIS PLAN, FOR DIRECT DAMAGE CAUSED TO YOUR PROPERTY DURING THE COURSE OF ANY SERVICE WORK, IN NO EVENT SHALL THE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS SERVICE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL COST OF THE AGREEMENT.

15. Arbitration and Class Action Waiver.

THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO 9 U.S.C. §§ 1-16, AS MODIFIED HEREIN. In the event of a dispute between You and the Installer, either party may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this Installation Agreement, including this provision or a Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR THE INSTALLER CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.

(i) ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.

THIS MEANS NEITHER YOU NOR THE INSTALLER MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST THE OTHER PARTY, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

(ii) Class Action Waiver.

Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, You or the Installer may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. The Installer will not choose to arbitrate any claim You bring in small claims court. However, if such a claim is transferred, removed or appealed to a different court, the Installer may then choose to arbitrate.

(iii) Governing Law.

All disputes concerning the validity, interpretation and application of this Installation Agreement shall be governed by the laws of the State of New York, without giving effect to its conflicts of laws provisions. This arbitration agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be those in this arbitration agreement and the procedures of the chosen arbitration organization, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement and the organization’s procedures. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. For a copy of each organization’s procedures, to file a claim or for other information, please contact: AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043, www.adr.org (phone 1-877-495-4185), or JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (phone 1-800-352-5267). If both AAA and JAMS are completely unavailable, and if You and the Installer cannot agree on a substitute, then either You or the Installer may request that a court appoint a substitute.

(v) Procedure.

Arbitration hearings will take place in the federal judicial district for the County of Charleston in the State of South Carolina. A single arbitrator will be appointed. The arbitrator must: (a) Follow all applicable substantive law, except when contradicted by the FAA; (b) Follow applicable statutes of limitations; (c) Honor valid claims of privilege; and (d) Issue a written decision including the reasons for the award. The arbitrator’s decision will be final and binding except for any review allowed by the FAA.

(v) Enforcement.

Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction in the County of Charleston in the State of South Carolina.

(vii) Survival.

This arbitration provision shall survive the term of this Service Plan.

16. Entire agreement.

These Terms and your purchase receipt constitute the entire agreement between you and us with respect to the services and benefits provided to you under the Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression.