Terms & Conditions - Indigo Solar Co

Last Updated: January 1, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES.

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("you," "your," "User," "Customer") and Indigo Solar Co ("we," "us," "our," "Company") governing your access to and use of our website located at indigosolarcompany.com (the "Website") and all related services, features, content, and applications (collectively, the "Services").

BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR SERVICES.

1. Acceptance and Modification of Terms

1.1 Acceptance

By accessing, browsing, or otherwise using the Website or Services, you accept and agree to be bound by these Terms and all applicable laws and regulations. Your use of the Services constitutes your acceptance of these Terms, whether or not you create an account or complete a transaction.

1.2 Modification of Terms

We reserve the right, in our sole discretion, to modify, update, or replace these Terms at any time without prior notice. Material changes will be effective immediately upon posting to the Website with a revised "Last Updated" date. Your continued use of the Website or Services following the posting of changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically.

1.3 Additional Terms

Certain services or features may be subject to additional terms and conditions, which will be presented to you at the time you access such services. Those additional terms are incorporated by reference into these Terms.

2. Eligibility and Account Registration

2.1 Eligibility Requirements

You must be at least 18 years of age and possess the legal authority to enter into contracts to use our Services. By using our Services, you represent and warrant that:

You are at least 18 years old
You have the legal capacity to enter into binding contracts
You are not barred from using our Services under applicable law
All information you provide is accurate, current, and complete
You will maintain the accuracy of such information

2.2 Account Security

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

Use a strong, unique password and keep it confidential
Notify us immediately of any unauthorized use of your account
Not share your account credentials with third parties
Log out of your account at the end of each session

We are not liable for any loss or damage arising from your failure to comply with these security obligations.

3. Services Description

3.1 Overview

Indigo Solar Co provides solar energy solutions, including but not limited to:

Residential and commercial solar panel design and installation
Solar system consultation and energy assessments
System monitoring, maintenance, and repair services
Technical support and customer service
Financing assistance and referrals (subject to third-party approval)

3.2 Service Availability

All services are subject to availability and may vary based on your geographic location, property characteristics, and other factors. We reserve the right to refuse service, cancel orders, or terminate accounts at any time for any reason, including but not limited to:

Suspected fraudulent or illegal activity
Violation of these Terms
Inability to verify your identity or information
Technical or operational limitations
Site conditions that make installation unsafe or impractical

4. Quotations, Pricing, and Payment Terms

4.1 Quotes and Estimates

All quotations, estimates, and pricing information provided through the Website or by our representatives are:

Preliminary and subject to verification through on-site inspection
Valid for 30 days from the date of issue unless otherwise specified
Based on information you provide, which you represent to be accurate
Subject to change due to site conditions, material costs, permit requirements, or other factors
Not binding until a written contract is executed by both parties

4.2 Pricing

All prices are in U.S. Dollars unless otherwise stated
Prices are subject to change without notice
Applicable federal, state, and local taxes will be added to the total amount due
Prices do not include permit fees, utility interconnection charges, or other third-party costs unless specifically stated
We reserve the right to correct pricing errors at any time

4.3 Payment Terms

Payment terms will be specified in individual service contracts and may include:

Deposit requirements before work commences
Progress payments tied to project milestones
Final payment due upon completion and inspection
Accepted payment methods: credit cards, debit cards, electronic transfers, checks, and approved financing
Late payment fees and interest charges as specified in the contract

4.4 Credit Card Authorization

By providing credit card information, you authorize us to charge the card for all applicable fees and costs. You represent that you are authorized to use the payment method provided and that the information is accurate.

5. Contracts and Agreements

5.1 Written Contracts

All solar installation and major service projects require a separate written contract executed by both parties. The contract will include:

Detailed scope of work and specifications
Total project cost and payment schedule
Project timeline and completion date
Warranty and guarantee terms
Cancellation and refund policies
Insurance and liability provisions
Dispute resolution procedures

5.2 Electronic Signatures

You agree that electronic signatures, contracts, and records have the same legal effect and validity as traditional paper documents and signatures. You consent to conduct transactions electronically and receive notices and disclosures electronically.

5.3 Contract Precedence

In the event of any conflict between these Terms and a separate written service contract, the terms of the written contract shall prevail with respect to the services covered by that contract.

6. Customer Responsibilities and Obligations

6.1 Information Accuracy

You agree to provide accurate, complete, and current information regarding:

Your property, including ownership status, structural integrity, and roof condition
Your energy needs and usage patterns
Your financial information (for financing applications)
Any homeowners association (HOA) restrictions or covenants
Existing solar equipment or electrical systems

6.2 Property Access and Conditions

You agree to:

Provide safe and unobstructed access to the installation site
Disclose all known hazards or dangerous conditions
Obtain necessary approvals from property owners, HOAs, or other parties
Ensure your electrical system meets applicable codes and safety standards
Remove or relocate obstacles that may interfere with installation
Secure pets and inform us of any safety concerns

6.3 Permits and Approvals

While we typically handle permit applications, you are responsible for:

Providing information necessary for permit applications
Granting permission for us to file permits on your behalf
Cooperating with inspection processes
Paying any applicable permit fees (unless included in your contract)

7. Warranties and Disclaimers

7.1 Equipment Warranties

Solar panels, inverters, and other equipment are covered by manufacturer warranties. Warranty terms vary by manufacturer and will be provided in your system documentation. We are not responsible for manufacturer warranty claims but will reasonably assist you in the warranty process.

7.2 Workmanship Warranty

We provide a limited warranty on our installation workmanship. The duration, scope, and terms will be specified in your service contract. This warranty does not cover:

Damage caused by accidents, misuse, neglect, or acts of God
Normal wear and tear
Modifications or repairs by unauthorized parties
Failure to perform recommended maintenance
Issues arising from pre-existing conditions

7.3 Performance Estimates

Energy production estimates are based on historical data, industry-standard modeling, and site-specific factors. Actual performance may vary due to weather conditions, shading, system degradation, utility rate changes, and other factors. We make no guarantee regarding actual energy production, cost savings, or return on investment.

7.4 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN SERVICE CONTRACT, OUR SERVICES AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

The Services will be uninterrupted, timely, secure, or error-free
The results obtained from using the Services will be accurate or reliable
The quality of any products, services, information, or materials will meet your expectations
Any errors in technology or content will be corrected

8. Limitation of Liability

8.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

8.2 Exclusion of Consequential Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Exceptions

Nothing in these Terms shall limit or exclude our liability for:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded or limited under applicable law

8.4 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or supplier failures.

9. Cancellation, Refunds, and Right to Cancel

9.1 Customer Cancellation

Cancellation terms will be specified in your service contract and may include:

Written notice requirements
Cancellation fees based on work completed and materials ordered
Non-refundable deposits if materials have been procured
Restocking fees for custom or special-order equipment

9.2 Right to Cancel (Notice of Cancellation)

For contracts signed in your home or at a location other than our permanent place of business, you may have a legal right to cancel within three (3) business days under federal and state law. Specific cancellation rights and procedures will be provided in your service contract as required by applicable law.

9.3 Company Cancellation

We reserve the right to cancel or refuse service if:

Site conditions are unsafe, unsuitable, or materially different from initial assessment
Required permits cannot be obtained
You fail to meet contractual obligations
Fraudulent or false information is discovered
You engage in abusive, threatening, or harassing behavior toward our staff

In such cases, we will refund any amounts paid, less reasonable costs incurred.

10. Intellectual Property Rights

10.1 Ownership

The Website and Services, including all content, features, functionality, software, text, graphics, logos, images, audio, video, and design, are owned by Indigo Solar Co or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for their intended purposes. You may not:

Reproduce, distribute, modify, create derivative works, publicly display, or exploit any content without our express written permission
Use any automated system or software to extract data from the Website (scraping)
Remove, alter, or obscure any copyright, trademark, or proprietary notices
Reverse engineer, decompile, or disassemble any software or technology
Use the Website or Services for any unlawful purpose

10.3 Trademarks

Indigo Solar Co and all related logos, product names, and service names are trademarks or registered trademarks of Indigo Solar Co. You may not use these marks without our prior written permission.

10.4 User-Generated Content

If you submit reviews, testimonials, photos, or other content to us, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

11. Indemnification

You agree to indemnify, defend, and hold harmless Indigo Solar Co, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms
Your use or misuse of the Website or Services
Your violation of any law, regulation, or third-party rights
Any content you submit or transmit through the Services
Your negligence or willful misconduct

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the matter through good faith negotiations. You must contact us in writing at legal@indigosolarcompany.com and provide a detailed description of the dispute.

12.2 Binding Arbitration

IF INFORMAL RESOLUTION IS UNSUCCESSFUL, YOU AGREE THAT ANY DISPUTE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES.

The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND INDIGO SOLAR CO AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to prevent infringement of intellectual property rights or to enforce confidentiality obligations. Additionally, small claims court actions are not subject to arbitration.

12.5 Opt-Out Right

You have the right to opt out of arbitration by sending written notice to legal@indigosolarcompany.com within 30 days of first accepting these Terms. If you opt out, neither you nor we can require the other to participate in arbitration.

13. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the United States and the state in which our principal place of business is located, without regard to conflict of law principles.

If the arbitration provision is found to be unenforceable or if you opt out of arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the state of our principal business location.

14. Severability and Waiver

14.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the extent necessary to make it valid and enforceable while preserving its intent.

14.2 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative.

15. Entire Agreement

These Terms, together with our Privacy Policy and any written service contracts, constitute the entire agreement between you and Indigo Solar Co regarding the use of our Website and Services and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

16. Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms or any rights hereunder without restriction. Any attempted assignment in violation of this section shall be null and void.

17. Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to warranties, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law provisions.

18. Contact Information

If you have questions, concerns, or legal inquiries regarding these Terms, please contact us:

Indigo Solar Co
Legal Department
Email: legal@indigosolarcompany.com
Website: www.indigosolarcompany.com

ACKNOWLEDGMENT: BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USING OUR WEBSITE AND SERVICES.