Terms and Conditions
1. T&K EnergyCare Provides: Upon becoming a Member of the T&K EnergyCare and while Membership is active, Member shall receive the following benefits:
▪ Proactive monitoring and notifications of potential issues.
▪ Remote troubleshooting assistance and diagnostics.
▪ Priority support for questions, issues or concerns.
▪ Discounts on Work/Services included with each selected Plan.
▪ Annual inspections and maintenance subject to the selected Plan.
2. Term and Fees: EnergyCare begins on the date payment is successfully processed and will automatically renew monthly on the same calendar date unless canceled prior to renewal.:
▪ The exact amount on a month-to-month basis is determined by the selected Plan
▪ A non-refundable activation fee of $49.99 is due at enrollment and will be charged at sign-up along with the first month’s membership fee.
▪ There is no cancelation fee.
▪ Members may cancel their EnergyCare membership at any time by:
· Contacting T&K Electric Company directly, or
· Cancelling through the Stripe Customer Portal
▪ Cancellation will take effect at the end of the current billing cycle. No refunds or prorated credits are provided for partial months.
▪ EnergyCare membership applies to one (1) property only and must be purchased separately for each property.
3. Member Responsibilities:
▪ Member shall provide T&K Electric access to their solar system monitoring platform.
▪ If the Member’s system does not have remote monitoring capabilities or T&K Electric cannot access the system remotely, a site visit and/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 or materials purchased beyond the monthly fee unless those services are explicitly outlined in Exhibit A.
▪ Annual services included in Core and Elite plans must be scheduled with T&K during normal business hours.
▪ Services must be completed within the membership year and do not roll over.
4. Compliance with Applicable Codes and Laws: All work shall be performed in a workmanlike manner and in full compliance with all applicable building codes and other applicable laws. T & K Electric shall at its own expense obtain and possess all necessary licenses, permits, and other things necessary and required for the proper performance of the work.
5. Accessibility: Member shall afford access of their residence to T & K Electric or its designee(s) to perform a site audit on the premises and install the system. Member agrees that T & K Electric may take and use photos/videos of Member’s property obtained before, during, or after installation for Company’s commercial purposes. Member releases any rights to these photos/videos.
6. Disclaimer: EnergyCare is a preventative maintenance and monitoring program and does not guarantee uninterrupted system performance, energy production, or system lifespan. T&K Electric Company is not responsible for pre-existing system conditions, manufacturer defects, utility outages, weather events, or other circumstances beyond its control.
Electrical and roof inspections provided under EnergyCare are visual and non-invasive and do not include repairs, upgrades, or code corrections unless separately contracted.
7. Warranty of Existing System: Member understands there is no written or implied warranty on Member’s existing Electrical System(s).
8. Automatic Renewal and Payment: EnergyCare is a month-to-month membership that automatically renews each billing cycle unless canceled by the Member. By enrolling, the Member authorizes T&K Electric Company and its payment processor to charge the payment method on file for recurring monthly membership fees.
The Member is responsible for maintaining a valid payment method. If payment cannot be processed due to expiration, decline, or other failure, membership benefits may be suspended until payment is received.
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 T&K Electric. Any purported assignment or delegation in violation of this Section 10 shall be null and void. No assignment or delegation shall relieve the Member of any of its obligations under this Agreement. T&K Electric 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 T&K Electric’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: T&K Electric 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 T&K Electric’s control, including, but not limited to: acts of God; flood, fire, earthquake, epidemics, pandemics, explosion, war, invasion, hostilities, terrorist threats or acts, riot, or other civil unrest, government order, law, or actions, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages, or slowdowns, or other industrial disturbances, 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 other similar events beyond the reasonable control of the Member.
11. Governing Law: If the Member’s property 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. If the Member’s property resides in Nevada, this Agreement will be governed by and construed in accordance with the internal laws of the State of Nevada 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 Nevada. 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 Nevada in each case located in the city of Henderson and County of Clark, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
12. This agreement constitutes the entirety of this Agreement. Member agrees no verbal promises have been made outside of what has been written in this Agreement.