Terms and conditions – GoodZero™ Pro

Between: SolarSquare Energy Private Limited (“SolarSquare“) and the customer (“Customer”). 

1. Overview

This Agreement governs the GoodZero™ Pro Plan, an enhanced version offering guaranteed solar power generation for 5 years with comprehensive maintenance, repair guarantees, buy-back benefits, and comprehensive insurance coverage for commissioned rooftop solar power systems.

2. Eligibility

• Available exclusively to Customers enrolled under the GoodZero™ Plan
• Final Generation Commitment Units confirmed after detailed engineering visit and Customer’s final design approval

3. Plan Scope & Key Features

Core Benefits:

• Guaranteed Generation: 5-year generation guarantee (Year 1 + Years 2-5)
• Maintenance Visits: Minimum 45 preventive maintenance visits over the term
• Component Protection: No-cost repairs, replacements, and spare parts for 5 years
• Panel Replacement: No-questions-asked solar panel replacement service, independent of OEM
• Wind Resistance: Structures certified for wind speeds up to 170 KMPH; damage covered at no cost
• Water Leakage Cover: Up to INR 1,00,000 for damages from SolarSquare’s roof sealing deficiencies
• Guarantee Commencement: 7 working days post-commissioning

Enhanced Pro Features:

• Real-Time Monitoring: Generation tracking via SolarSquare mobile app with automated alerts when performance deviates beyond 10%
• Buy-Back Option: Conditional buy-back available subject to eligibility criteria (see Section 7)
• Comprehensive Insurance: 5-year natural calamity insurance covering fire, lightning, storm, cyclone, flood, and damage to surrounding property
  • Cost borne by SolarSquare
  • Coverage for physical damage only (excludes generation loss)
  • SolarSquare acts as facilitator; claims handled directly between Customer and Insurance Company

4. Customer Obligations

Customers must:

• Provide A-type ladder (~1ft lower than highest module)
• Ensure uninterrupted Wi-Fi (99.8% uptime, minimum 10 Mbps) with mini UPS backup
• Maintain water supply (4 liters/module, TDS up to 500) for panel cleaning
• Provide single-phase electricity connection in close proximity to plant
• Grant timely site access for scheduled maintenance (within 15 minutes of scheduled/arrival time)
• Ensure continuous data availability for monitoring and performance evaluation

Prohibited Actions:

• Do not: Dry clothes on Solar Plant
• Do not: Stand on Solar Plant or place objects causing shading/damage
• Do not: Throw objects onto Solar Plant
• Do not: Install sprinklers or water-generating machinery near/on Solar Plant
• Do not: Direct water at inverter, DCDB, or ACDB
• Do not: Drill holes in Wind Pro mount structure

Non-compliance may void the Plan and associated guarantee at SolarSquare’s discretion.

5. Generation Guarantee & Compensation

Calculation Formula:

• Deemed Generation = Inverter Recorded Units + Deemed Generation Loss
• Generation Deficit = Guaranteed Generation – Deemed Generation

Compensation Terms:

• Rate: INR 12 per unit shortfall (enhanced from standard plan)
• First Compensation (Year 1): Paid within 21 working days after Year 1 completion
• Second Compensation (Years 2-5): Paid within 21 working days after Year 5 completion
• Carry Forward: Excess Year 1 generation carries forward to Years 2-5.

6. Deemed Generation Loss (Excluded from Guarantee)

Generation loss under these conditions is not covered:

• Grid downtime, disconnections, or Customer switching off system
• External obstructions causing shadowing (buildings, trees, towers)
• Soiling loss exceeding 5% from nearby construction/environmental changes
• Communication disruptions (Wi-Fi/internet issues, jammers)
• Missed cleaning cycles due to Customer unavailability
• Sabotage, vandalism, or unauthorized third-party damage
• Force Majeure events (natural disasters, extreme weather, government actions)

Note: Natural calamity insurance covers physical damage only; generation loss from insured events still treated as Deemed Generation Loss.

7. Buy-Back Option

The Pro Plan offers a conditional Buy-Back Option enabling Customers to require SolarSquare to re-purchase the Solar Plant, subject to strict eligibility criteria.

Key Terms:

• Eligibility: Must meet all conditions as more specifically stated in the detailed agreement, including:
  • Performance thresholds and generation requirements
  • Continuous underperformance for 3 years (deviation beyond 10%)
  • Full compliance with all Customer obligations
  • No tampering, damage, or unauthorized modifications
  • Plant must be free from all encumbrances (mortgages, liens, charges) except NBFC financing charge

Process:

• Invoked via written request through registered communication channel or SolarSquare platform
• SolarSquare conducts detailed on-site verification and technical inspection
• Buy-back price determined by SolarSquare 
• For financed Customers: SolarSquare may pay Outstanding Loan Amount directly to NBFC; any balance paid to Customer
• Customer may bear inspection costs if request is invalid or frivolous

Important Conditions:

• Not automatic: Requires SolarSquare’s written acceptance
• Final and binding: Buy-back price not subject to negotiation
• SolarSquare may reject if:
  • Eligibility criteria not met
  • Plant altered, tampered, or damaged
  • Customer breach or non-compliance
  • Deemed Generation Loss conditions materially affect assessment
• Full and final settlement: No further claims after buy-back completion
• Foreclosure charges (if applicable) borne by Company

Restrictions:

• Mere enrollment does not create automatic entitlement
• Rights automatically terminate upon:
  • Plan termination by SolarSquare
  • Customer breach
  • Force Majeure termination
  • Deemed Generation Loss persisting >1 month

8. Maintenance Services

Preventive Maintenance (PM):

• 8 working hours advance notice via registered communication
• Customer may reschedule once per PM cycle (maximum 4 times/year) with 4 hours notice
• Failed rescheduling or no-show: INR 1,500 charge + visit deemed completed
• Generation loss from missed PM excluded from guarantee

Corrective Maintenance (CM):

• 2 working hours advance notice
• Must be rescheduled up to 4 hours before scheduled time
• Delay beyond 24 hours: generation loss excluded from guarantee
• Late rescheduling or non-compliance: INR 1,500 charge

Customer Service Requests:

• Contact: 98 3000 3000 or SolarSquare Customer App
• Site visit scheduled within 72 hours if not phone-resolvable
• Wasted visit due to Customer: INR 500 charge

9. Warranty Conditions

Warranty is void if damage results from:

• Misuse, tampering, unauthorized repairs
• Force Majeure events, vandalism, animal damage
• Environmental exposure (saltwater, TDS >600, chemicals)
• Changes in surroundings affecting performance
• Physical damage to components

Note: Natural calamity insurance operates independently and does not expand warranty coverage.

OEM Warranty Rejection: If OEM rejects warranty claim due to Customer fault, Customer must reimburse SolarSquare within 7 days. Non-payment results in service suspension and exclusion from generation guarantee calculations.

10. Property Transfer & Assignment

• Solar Plant is integral to property and transfers automatically with property ownership
• Mandatory Notice: 15 days prior written notice + Transfer-Assignment Form 
• Verification Fee: INR 1,500 (non-refundable advance)
• No Reset: Agreement period continues on calendar basis; no refresh/restart upon transfer
• New owner assumes all obligations for remaining guarantee period
• Buy-Back Option: If buy-back request pending during property transfer, option automatically vests in new owner
• Failure to notify: service suspension + no liability for plant issues

11. Termination

SolarSquare may terminate if:

• Deemed Generation Loss conditions persist for >1 month
• Customer fails to fulfill obligations
• For convenience with 30 days notice (pro-rata refund provided)
• Either party may mutually terminate with 30 days’ notice.
• Termination results in immediate cessation of all Pro entitlements including Buy-Back. Customer ineligible for buy-back or any other benefit except pro-rata refund.
• Customer returns all SolarSquare materials; outstanding payments remain due; no further guarantees, compensation, or buy-back claims permitted.

12. Limitation of Liability

• Maximum Liability: Generation shortfall × INR 12/unit (enhanced from standard plan)
• SolarSquare not liable for damages to life, property, or consequential damages from plant operation/failure
• Third-Party Acts: No liability for damage from neighbors, animals, vandals, unauthorized persons, or utility personnel
• Buy-Back Limitation: If Buy-Back triggered, liability strictly limited to pro-rata generation shortfall settlement up to Buy-Back date. No additional compensation, penalties, or consequential losses.

13. Payment Terms

• All fees exclusive of GST and applicable taxes (borne by Customer)
• Payment within invoice timelines; no deductions/set-offs
• Late payment: 18% per annum interest (daily calculation)
• Service suspension until full payment received

14. Insurance Details

• Coverage Period: 5 years from commissioning
• Perils Covered: Fire, lightning, storm, cyclone, flood, natural calamities, and damage to surrounding property
• SolarSquare’s Role: Facilitator only; not responsible for claim processing, approvals, rejections, or settlements
• Claims Process: Handled directly between Customer and Insurance Company
• Exclusions: Does not cover generation loss, loss of savings, deemed generation loss, or performance-related impacts
• Policy Terms: Governed strictly by insurance policy document issued by Insurance Company

15. Additional Key Terms

• Indemnity: Customer indemnifies SolarSquare against all claims arising from Customer’s breach, third-party claims, unauthorized modifications, or fraud
• Force Majeure: Performance obligations suspended during Force Majeure; termination right if event exceeds 30 days. All buy-back rights terminated upon Force Majeure termination.
• Confidentiality: 5-year post-termination obligation
• Intellectual Property: All IP remains with SolarSquare; Customer has limited use rights only
• Assignment: SolarSquare may assign freely; Customer may not assign except per Clause 11
• Governing Law: Laws of India; Mumbai courts have exclusive jurisdiction
• Dispute Resolution: Good faith negotiations (45 days) → senior management escalation → mediation → arbitration (Mumbai)
• Data Privacy: Customer consents to collection, processing, and sharing of personal data for service delivery, monitoring, warranty fulfillment, and legal compliance
• Fraud/Misrepresentation: Discovery after buy-back entitles SolarSquare to recover liquidated damages at 18% per annum + invoke indemnification + exercise all legal remedies

16. Important Clarifications

• No Automatic Service Obligation: Enrollment in Pro Plan does not automatically impose buy-back obligation unless formally requested and acknowledged
• Buy-Back is Conditional: Not an assured or automatic entitlement; requires strict compliance and SolarSquare’s acceptance
• Entire Agreement: Read with Order Confirmation Receipt (OCR), Handbook, and Material Buy-Back Agreement (for financed Customers)

Note: This summary does not replace the full Agreement.

Contact: +91 98 3000 3000 | aftersales@solarsquare.in