Legal & Policies

NOTICE: On acceptance of any quote, pro forma invoice, invoice or statement from Sunlogic SA (Pty) Ltd, or by paying the required deposit, you accept all terms and conditions as set out below.

Although every effort is made for quotes to be accurate, there could be cases where we will need to amend the quote to allow for additional requirements that could include but not limited to specialist engineering or other professional services. Should we require a final inspection or any of these services, Sunlogic SA (Pty) Ltd will pass this cost on the client.

A 80% deposit is required before commencement of any installation and the balance on completion of the job. Should it be purely equipment purchases, we require full payment before shipping. No payment may be withheld at any stage, for any reason. Support workmanship guarantees on the system will only be applied once full and final payment is received.

All Workmanship has a three (3) month guarantee excluding malicious damage, vandalism, interference by another installer, misuse of the product or acts of God.

All Equipment remains the property of Sunlogic (Pty) Ltd until full and final payment of the invoice. Should final payment not be made, Sunlogic SA (Pty) Ltd will reserve the right to collect the equipment and the cost of such removal will be for the customers account.

All Availability Quoted is at the time of quoting and product availability on an order can not be guaranteed.

Pricing is linked to the rate of exchange and our selling price is directly affected by this. Should this rate vary by more than 2%, Sunlogic SA (Pty) Ltd reserves the right to amend the pricing accordingly. Our prices are only valid for 7 days from quoting. Should an order be placed at the initial value, Sunlogic SA (Pty) Ltd will reserve the right to request the change to be applied before delivery is made for invoicing purposes. Sunlogic SA (Pty) Ltd will do everything possible to ensure availability, but should the order come in and the quoted stock is not available, Sunlogic SA (Pty) Ltd reserves the right to offer the client an equivalent product that may be priced differently.

All products carry the manufacturers warrantees and these warrantees will only be valid if the installs are done by an accredited installer. If you choose to use your own installer, these installers will have to familiarise themselves with the product warrantees and the conditions of warrantee. All warrantee's will be subject to product inspection and system analysis which could result in additional costs. Sunlogic SA (Pty) Ltd will not be held liable for warrantee claims with non-accredited installs. Should Sunlogic SA (Pty) Ltd be commissioned to do the install, the warrantee's will only remain in place if all additional work is done by Sunlogic SA (Pty) Ltd or approval is obtained from Sunlogic SA (Pty) Ltd in writing to allow an accredited installer do do the changes. Should this not be followed, any additional work as well as repairs or replacements will be for the customers account.

Installs of our systems require highly trained technicians and errors that might occur after the install of such product, not relating to the products itself but pre-existing defaults, might require additional costing to be provided in order to rectify existing issues. Sunlogic SA (Pty) Ltd will not be held liable should clients use of the system not meet the system criteria or should these install bring to light existing issues within the environment.

In the event where the system or parts of the system, that is non-critical to the core operation of the system, that requires access to a network or the internet, will remain the responsibility of the customer and is not the responsibility of Sunlogic SA (Pty) Ltd.

In the event that a supplementary CoC is required, the initial CoC (Certificate of Compliance) must be on site at the time of the inspection. Should the initial CoC (Certificate of Compliance) not be available, as per legislation an inspection of the entire building then becomes mandatory. If that is not possible, Sunlogic SA (Pty) Ltd will not be able to submit the "Supplementary" CoC.

For SSEG applications, Sunlogic SA (Pty) Ltd contracts to a 3rd party company with certified engineers. With the assistance of this team, we submit all requirements to the City of Cape Town. On occasion, requirements may vary. Because the process is not within our control, no payment may be withheld in the waiting on the completion of this application.

Reproduced as it appears live, including original typos ("warrantee", "A 80%", "do do"). Worth a copy-edit pass before publishing.

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use (‘’the Terms’’), which together with our Privacy Policy govern the relationship with you in relation to this website. If you disagree with any part of these Terms, please do not use our website. Clicking on the ‘’I agree’’ button serves as proof that you have read and accepted these Terms.

These Terms contain warranty disclaimers and other provisions that limit Sunlogic SA‘s liability towards you, or which may require you to indemnify us or assume a risk or liability. Any such terms will be in the same style as this paragraph. By using the Website, you acknowledge that you have read, accept, and will be bound by these Terms as read with the Privacy Policy. If you do not agree to this, please do not use the Website.

Definitions

Generally, words and expressions used in these Terms shall bear the ordinary meaning assigned to them unless the context indicates otherwise. The following specified words and expressions shall bear the meanings assigned thereto and cognate words and expressions shall bear corresponding meanings:

• When we say ‘’Subscription’’ we mean the purchase of a Solar System through the Website or directly through on of our agents, subject to the terms and conditions listed on the Subscription Agreement itself and/or from the website from which the Subscription is purchased;
• When we say ‘’Outright purchase’’ we mean the purchase of a solar or backup system through the normal quote and install process. There is no repayment and adheres to our deposit requirements as listed in our Terms and Condition available on our website at https://sunlogic.co.za/terms-conditions/
• “Sunlogic SA”, “Sunlogic”,“we”, “our” or “us”: Sunlogic SA (Pty) Ltd. Registration number: 2022/651654/07 with our registered address being at Unit B30, Pinelands Business Park, Pinelands, Cape Town, South Africa, 7405;
• “you” or “your”: the person or organisation viewing the Website and/or utilising the Services;
• “Indemnified Parties”: Sunlogic SA, its directors, officers, agents, employees, contractors, service providers, suppliers, consultants from time to time and any entities, associates or affiliates related to the Website, including their respective officers, employees, contractors, consultants and agents from time to time;
• “Intellectual Property Rights”: intellectual property whether protected by common law, international treaty, the Geneva Convention or under statute including (without limitation) copyright, all rights in relation to inventions, registered and unregistered trademarks, registered and unregistered designs all other rights;
• “Listed System”: the offering for sale, placing of or creating of any type of offer to sell goods or services through the Website;
• “Privacy Policy”: the privacy policy located at https://sunlogic.co.za/privacy-policy/;
• “Purchaser”: any natural person, association, business, close corporation, company, enterprise, firm, partnership, trust, voluntary undertaking or similar body whether incorporated or unincorporated and a reference to a “Purchasers” shall be deemed to include a reference to more than one Purchaser; who purchases, any goods or services offered for sale on this Website;
• “Service Provider’’: the service provider who sells the Subscription to you and with whom you make a Purchase;
• “Services”: our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that are accessible to you via our Website;
• “Terms”: our the terms and conditions contained herein, together with our Privacy Policy;
• “Website”: our website located at https://sunlogic.co.za including all subdomains and sites associated with those domains, and other websites that we operate now and in the future as well.

General Undertakings by You

• To purchase a Solar System, you must: be at least eighteen (18) years of age;
• undertake to provide current and accurate information;
• agree to the Terms;
• specifically; agree that you are responsible for all content and information that you provide and your activities on the Website;
• agree that you will use the Website in compliance with all applicable laws, rules, and regulations;
• agree that you will not use the Website to solicit the performance of any activity which infringes our rights or the rights of others.
• If you break any of your undertakings above or any of these Terms, we may block you from the Website. Your actions may also subject you to legal consequences.
• As long as you comply with our Terms, we grant you a non-exclusive, non-transferable, limited privilege to use the Website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website, meet your specific requirements.

Sharing Your Personal Data

• To facilitate your access to the Website and to provide the Services to you, we are required to process some of your personal data and to share some of this personal data with certain third parties, such as our duly appointed service providers.
• We shall process this personal data in accordance with applicable data privacy legislation and our Privacy Policy.
• Please also read the Privacy Policy to understand the types of personal data we collect about you, where we collect it from, who we may need to share it with, how long we retain it for, whether it leaves the country in which we collected it, and how you can request access to and/or deletion of your personal data.
• Any information and data you provide to us must be accurate, truthful, and up to date. By using the Website and/or the Services, you warrant that you are not misrepresenting your identity or contributing any false or inaccurate information or data via the Website.

Provisions Relating to the Purchaser

• The Purchaser warrants that: information and feedback provided by the Purchaser to the Website and to the Service Provider as well as any communication which may take place between any of the aforementioned parties: is accurate and not false, misleading, deceptive or fraudulent;
• the intended recipient of the information, feedback and communication provided by the Purchaser may be accepted as being true and correct and may as such be relied upon and acted on;
• does not breach any Intellectual Property Rights of a third party;
• is lawful;
• is not threatening, offensive, intended to unlawfully intimidate or may otherwise threaten the safety, security or well-being of others;
• does not contain any malicious software, viruses, worms and the like which may cause harm;
• he or she is of majority age and entitled to make the purchase of the Listed System;
• he or she is able to perform the obligations commonly associated with purchasing goods and/or services;
• he or she has read and understood the terms and conditions associated with the goods and/or services.
• The Purchaser agrees that: Any acceptance of an offer by the Purchaser will, once accepted by the Service Provider, be legally binding and enforceable;
• The purchase of any goods and/or services are absolutely at the Purchaser’s own risk;
• He or she has read and understood the terms and conditions of the sale and has taken note of all exclusions relating to terms, warranties and conditions and has agreed to all applicable terms;

Use of Purchase

• Any purchase of a Subscription or Outright purchase is for the Purchaser’s commercial or personal use only depending on the agreement between Sunlogic SA and the Purchaser.
• The reproduction of a Subscription is prohibited.
• The commercial trade of a Subscription is prohibited.

Cancellation and Refunds

• If you can cancel a order, it will depend on the progress of the process or whether or not you are entitled to a refund.
• Should the project be completed will Sunlogic SA (Pty) Ltd reserve the right to add a chargeable cost for the removal of the system or a cancellation fee as deemed ‘fair’ in terms of the original agreement.

Periodic Changes to These Terms and Conditions

• We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time without notice to you. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website.
• It is your responsibility to check the Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

Breach

• If any of the parties commits a breach of these Terms (“the Defaulting Party”), and/or fails to comply with any of the provisions thereof, then the party against whom the breach is committed (“the Innocent Party”) shall be entitled to give the Defaulting Party 7 (seven) calendar days’ notice in writing to remedy such breach and/or failure and if the Defaulting Party fails to comply with such notice, then the Innocent Party shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Innocent Party may have in law, including the right to claim damages:
• cancel the agreement between the parties and/or claim damages; or
• to claim immediate performance and/or payment of all the obligations of the Defaulting Party in terms hereof.

Disclaimer and Limitation of Liability

• You understand and agree that the Service Provider is the seller and the provider of the Listed Subscription, not the Website. You understand and agree that you and the Service Provider enter into a contract when the Listed Subscription is purchased. The parties to the contract are you and the Service Provider, not the Website.
• You understand and agree that the Service Provider is solely responsible for providing the service to you as per the Subscription Agreement, not the Website.
• Neither we nor any third party provides any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• You acknowledge that the Website and the Services are provided on an ‘as is’ basis, without any warranty that the Website and/or the Services will be free from defects, to the extent that it is lawful to do so, and that the existence of errors in the Website and/or the Services alone will not constitute a breach of these Terms. In the event of any such defect or error, your sole remedy will be to cease your use of the Website and/or the Services.
• From time to time, the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s).
• Any information displayed or provided as part of the Website and/or the Services is intended to serve as general information. No representations or warranties are made or provided in respect of such information, including in respect of the accuracy of the information. Your use of the Website and/or the Services is at your own and sole risk.
• Some information provided on the Website has been obtained from the Service Providers and third parties and is provided for informational purposes only. We are not liable for any inaccuracies in any third party information provided on this website and do not endorse any of the activities, guides, vendors, or Service Providers as described. It is your responsibility to investigate the safety of any activity, the credentials and fitness of the Service Provider. We expressly deny liability and fitness of a Service Provider. We expressly deny liability for engagement in any activity, and for use of any Service Provider that may be mentioned or described on this website. Additional fees, terms and conditions, and restrictions may apply to any activity or service and are determined solely by the Service Provider.
• Notwithstanding anything to the contrary contained in these Terms, you agree that the Indemnified Parties will not be liable to anyone for any claim, loss, damage, obligation, liability, cost, debt, expense (including but not limited to attorneys’ fees), or other amounts incurred, savings foregone, or hardship suffered (“Losses”), by any person however arising, whether such Losses arose directly or indirectly from the authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Website, its services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to, any loss relating to one or more, or a combination, of the following: a failure or malfunction of all or any part of this Website, its servers, networks and computer systems, the network resources, the Services, or any other computer systems or network resources to which it may be connected or upon which it may rely, or the taking offline of any of those computer systems or network resources for any reason;
• any decision to hold or to not hold an inquiry into an alleged breach or contravention of any one or more provisions contained in these Terms as well as any decision to take action or to not take action in case of a contravention as aforementioned, on the part of anyone;
• any circumstance which results in a restriction of access or complete lack of access to the Website or the Services;
• any circumstance, whether technical, clerical or natural, which results in Subscriptions not being processed, noted or accepted;
• whether the Website could have foreseen a loss or type of loss which eventually occurs, was negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits and any losses relating to contracts, business, revenue, goodwill, or any expected savings;
• any personal losses or hardship, stress and anxiety, nervous shock, or other emotional or personal suffering or condition;
• any errors or omissions in any documentation or other literature provided by the Website, any errors or omissions in any data or information on the Website, or any breach of contract or negligence on the part of the Indemnified Parties;
• any reliance on the information and material contained on this Website about any Listing, goods or services on offer or any other information or material whatsoever, or any information and material contained on, and the privacy of, web Websites linked to this Website;
• any action taken by the Website under these Terms;
• any conduct, act or omission (whether negligent, reckless, or otherwise) whether within any actual, ostensible, or apparent authority or not at all on the part of the Indemnified Parties.
• In no event shall the Indemnified Parties be liable for any special, indirect, consequential, or incidental damages arising out of, or related to, the Website and/or the Services or the information contained therein, whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise;
• anyone gaining unlawful access to the Website and/or the Services or to any of its content or Sunlogic SA acting on an instruction received from you; or
• your reliance on any material or content provided through the Website and/or the Services.
• You agree to defend and indemnify the Indemnified Parties harmless from and against any and all Losses arising from your use of and access to the Website and/or the Services;
• your violation of any term of these Terms;
• your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
• any claim that your use of the Website and/or the Services caused damage to a third party.
• This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and/or the Website.
• To the fullest extent permitted by applicable law, Sunlogic SA’s liability towards you shall be limited to an amount equal to 100% of the amount paid by you to Sunlogic SA in the 12 months immediately preceding the date on which the aforesaid liability arose.

Severability

Each and every provision of these Terms (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of these Terms. If any of the provisions of these Terms (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of these Terms shall be and remain of full force and effect.

Intellectual Property

• We own the Website and all the Intellectual Property Rights associated with the Website. You may use the Website and/or the Services only for purposes that are legal, and you must not (nor will you allow or cause any third party to), without our express written permission, copy, reproduce, alter, modify, resell, mirror, or create derivative works of us or our content on the Website.
• tamper with, disassemble, decompile, reverse engineer, edit, attempt to derive the source code of or modify the Website and/or the Services (wholly or in part);
• use or exploit the Website and/or the Services (wholly or in part) for commercial gain under any circumstances whatsoever or copy the Website and/or the Services (wholly or in part);
• sublicense, distribute, export, or resell the Website and/or the Services (wholly or in part) or otherwise transfer any rights therein; or
• exercise any other right to the Website and/or the Services (wholly or in part) not expressly granted in these Terms.
• You are granted a revocable, non-transferable, non-exclusive, limited licence to use the Website to receive the Services for personal, private use.
• Website and/or its valid licensor owns all right, title and interest in and to the Website, the Services and all information, documentation and proprietary products made available via the Website. No licence or other right or interest in or to the Website and/or the Services is granted to you except for the licence rights specifically set forth herein.
• You may not duplicate or reproduce in any way the Website and/or the Services or the information, documentation and/or the proprietary products made available via the Website and/or the Services without the express prior written consent of Website.
• By communicating with Sunlogic SA and/or making use of the Services or sharing content on the Website, you grant Website a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication, content, or any information therein alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, for any purpose.

No Waiver

No relaxation, indulgence or extension of time granted by any party to the other shall be construed as a waiver of any of such party’s rights in terms hereof, or a novation of any of the terms of these Terms or estop such party from enforcing strict and punctual compliance with the terms of these Terms.

No Variation

No variation of, addition to, consensual cancellation of or waiver of any right arising in terms of these Terms (including this clause 13) shall be of any force or effect unless it is reduced to writing, communicated to a duly authorised representative of the other party and not refused by that other party.

Whole Agreement

These Terms constitutes the whole agreement between the parties in relation to the subject matter thereof and no party shall accordingly be bound by any undertaking, representation or warranty not recorded therein.

Cooperation

Each party shall take all such steps, execute all such documents and do all such acts and things as may be reasonably required by it to give effect to any of the obligations contemplated by these Terms.

Governing Law

These Terms will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non-exclusive jurisdiction of the courts of the Republic of South Africa in relation to any legal action or legal proceedings arising out of or with respect to these Terms.

Notices

• You hereby choose your domicilium citandi et executandi(“domicilium”) for the purposes of giving any notice serving any legal process and for any other purpose arising from these Terms at the addresses and email address as completed by yourself when you show your Interest on this Website.
• The Website chooses it’s as the address stipulated under the definitions.
• Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post, facsimile or email to the relevant party to these Terms at its respective address as specified on the application for registration on this Website.

Reproduced as it appears live (sunlogic.co.za/policy-terms-warranty/#terms), including original wording quirks (e.g. doubled curly quotes around "the Terms"). Worth a copy-edit pass before publishing.

Home Managed Intelligent Energy Agreement

We are Sunlogic SA (Pty) Ltd, a proudly South African company with registration number 2022/651654/07, and registered address 9 Chesham road, Claremont, Cape Town, 7708.

We do not manufacture the “HotBot” and “SolarBot” devices (“Devices”) but source them from a reputible supplier. HotBot is a smart energy device that connects to your water heater to help save you money, protect your home, and give you control of your hot water. SolarBot is a smart energy device that connects to your inverter to help you use more solar, optimise your battery, and give you control of your home energy system.

The Devices are operated by a web application (“App”) and cloud-based system (“System”), which is owned by us. The Devices may be fitted with sensors (including a flow meter) (“Sensors”), cables (“Cables”) and/or a shutoff valve (“Valve”).

In this agreement, where we refer to the “Service”, we refer to the service that we provide via the App, Devices and System.

This agreement applies to your use of the Service. Please note that you will also need to accept the App terms and conditions (which you will find when you register for the Service), as well as our privacy policy.

We have tried to keep fine print to a minimum, but if you have any questions, please contact support@sunlogic.co.za. All of the clauses are important, but the consequences of some are more important than others. These terms, we have highlighted like this.

The Service

To use the Service, you will need to have the Device(s) fitted to your water heater and/or inverter (see clause 8 for installation terms), and you will need to access and sign up for the App.

What We Charge

Our fees: On subscribing for the Service (“Subscription Date”), you will need to pay us an upfront fee. This fee will activate your subscription and cover the installation cost of your selected device(s).

Your subscription will be on a monthly basis (in advance) for the duration of this agreement (see clause 5 for details about the agreement term), you will need to pay us a subscription fee which will be presented during your initial purchase (“Monthly Subscription”). This fee will remain fixed during the Initial Term (see clause 5.1), but will thereafter increase on an annual basis, on written notice to you.

Any additional components or Services requested by you after the Subscription Date will be subject to an additional cost, which will be quoted for at the time.

We will deduct all amounts owing by you to us in terms of this agreement (including amounts which are payable by you to us in terms of clause 5, 6, 8 or 9, 10) from your credit/debit card.

Ownership

Having a Device fitted to your water heater or inverter does not mean you own the Device. We retain ownership of the Device(s) and, if applicable, any additional ancillary components, subject to clause 5.5.

If you opt-in for the Valve, you will own that Valve (as long as you have paid the fee set out at the time of purchase).

Except to the extent owned by our third party manufacturers or service providers, we own all rights in and to the intellectual property relating to the Service, including the Devices, the Sensors, the Valves, the App and the System.

Commencement, Duration and Termination

This agreement starts on the Subscription Date and continues on a month to month basis until you cancel.

If you cancel

• During the first 24 months after the Free Trial ends (“Initial Term”): you pay a fee of R750 per Device (“Cancellation Fee”).
• After the Initial Term: you do not pay any additional fees.

You may cancel this agreement at any time on 20 business days’ notice sent to support@sunlogic.co.za. The Cancellation Fee has been calculated according to the reasonable costs we will incur in connection with termination (including, for example, deinstallation of the Device, logistics and refurbishment), and will escalate on 1 January of each year in accordance with the consumer price index.

We may cancel this agreement at any time on 20 business days’ written notice to you in which case you will only need to pay the Cancellation Fee to us if:

• we terminate this agreement during the Initial Term because: you breached this agreement and failed to remedy the breach within the time period set out in clause 15.1, or the breach was incapable of being remedied;
• we suspect that a Device or its components have been tampered with; or are in need of a repair, but you have failed to provide us access to the Device within 20 business days of the date of first request from us.

On termination/expiry of this agreement, we will no longer need to provide you with access to the Service, and you will need to return the Device(s) and the Sensors. We will contact you to arrange for deinstallation. While you may use your own service provider for geyser replacements or inverter maintenance, the Device(s) or its components may only be deinstalled or removed by our accredited technicians. We may choose, on written notice to you, not to deinstall a Device and/or the Sensors where we deem (in our sole discretion) that it would not be financially viable to do so (for example, where the cost of deinstalling the components is higher than the value of the components). If we confirm in writing not to deinstall the Device(s) and/or the Sensors, risk and ownership in and to such components will pass to you, with immediate effect, unless otherwise agreed between us in writing.

Refunds

Eligibility for refund You are only eligible for a refund before your Device(s) are installed.

To request a refund you’ll need to notify us that you want to cancel your order at least 24 hrs before your scheduled installation. If you notify us within 24 hrs of your installation you will need to pay a R650 callout fee, which will be deducted from your refund.

To request a refund or ask any questions you can contact us at support@sunlogic.co.za.

Exceptions We cannot process a refund after a Device has been installed. In this instance our cancellation policy will apply as described in section 5.

Refunds You will be notified once your refund has been processed.

Where possible, you will be refunded to the card you originally used for payment. If a refund to your card is not possible through our payment gateway, then you will need to provide your banking details in order for us to process the refund by EFT.

Refunds will be processed within 10 business days of cancelling your contract, or providing us with your banking details, whichever comes later. Please remember it can take some time for your bank or credit card company to process the refund. If more than 15 business days have passed since we’ve approved your refund, please contact us at support@sunlogic.co.za.

Eligibility

In certain cases, we set eligibility requirements that you must meet to use the Service. For example, where consumers are signing up for the Service as part of a Sunlogic SA project (“Project”), we may choose to only install a Device if there are a minimum number of people using the consumer’s water heater. You warrant (promise) that you meet all eligibility requirements that we may have set (you would have been notified of these on or before the Subscription Date). If your situation changes at any time during this agreement, you must email support@sunlogic.co.za as soon as possible.

Installation

After the Subscription Date, we will (either directly, or through a third party service provider) contact you to arrange installation of the Device(s), together with the relevant components.

We may, at any time, abandon the installation if we discover that installation is not feasible or if it is not possible. If this happens, we will refund you for any amounts already paid by you to us.

If you are not available during the agreed installation slot, we will charge you a callout fee of R650.

Certain components (for example, the Valve) may require special components or processes specific to your water heating or solar system to function. Our installation partner may not have all parts on hand when they come to install the Device. If this is the case, they will inform you, and will arrange a second visit (at no additional fee) to complete the installation.

The installation of the Device(s) does not include addressing any non-compliance or other issues with your hot water and/or solar system, nor issuing any Certificates of Compliance for any plumbing or electrical work.

In cases where minor upgrades would make your hot water system or solar system eligible for Device(s) and/or Valve(s), our installation partner may quote you directly for the additional work and materials required for such upgrades. Should you choose to accept the quote, you will be contracting directly with the installation partner; as such, the quoted amount will be payable by you directly to the relevant installation partner (and not to us), and will be subject to the terms of the installation partner, as quoted by them. We are not liable for any upgrades or other works agreed between you and an installation partner directly.

Your Obligations

You warrant (promise) that you are authorised to enter into this agreement, as well as to accept the benefits and to perform your obligations in respect of this agreement. This may require you getting written consent from your landlord.

You must not remove any notices, labels or warnings from the Device(s) or their components and must obey all such notices, labels and warnings.

The Device(s) can be installed outside, but must not be exposed to steam or submerged in liquid.

We may insist that you service the Device(s) from time to time, at our cost. You will cooperate with us to do this, for example by coordinating a suitable time for an accredited technician to visit your home, and by providing access.

If you detect any issues with the Device(s), please contact support@sunlogic.co.za timeously so we can investigate the issue and facilitate a callout (if necessary).

Your nominated service provider may replace your water heater or maintain your inverter, but only service providers appointed by us may replace, inspect, test or work on the Device(s) and their components. Any callout fees to fix the work of an unauthorised person will be for your account. You will also need to pay us a penalty (see 9.8).

You must ensure that the Device(s) and their components are not modified, adapted, tampered with, bypassed, or reverse engineered in any way.

You will need to pay us a R3,000 penalty (escalating on 1 January of each year in accordance with the consumer price index) if a Device or its components are damaged by an unauthorised person.

Faults

If we are called out to inspect, repair or replace a Device or any of its components and:

• a fault is found, then the cost of the callout will be for our account (provided you are still subscribed for the Service and are up-to-date with all payments due to us); or
• no fault is found, or a fault is found but one of the exclusions in clause 10.2 below apply, then you will need to pay us: a callout fee of: R650, during business hours; and
• R950, outside business hours; plus
• additional time beyond the first hour, calculated at: R550 per hour, during business hours; and
• R825 per hour, outside of business hours; plus
• the cost of the materials required to fix the fault.

We will never be responsible for faults:

• caused by faulty geysers or geyser components; secondary geyser timers; ripple controllers; inverters, battery and solar systems and their components;, electrical supply issues; and broken thermostats; whether arising before, at the time of, or after installation;
• arising from or attributable to you not fulfilling any of your obligations to us (including, in particular, as set out in clause 9);
• that are caused by circumstances beyond our reasonable control, including (amongst other things) a strike, lock-out, fire, explosion, flood, riot, war, accident, embargo, lockdown, a pandemic, epidemic, or widespread disease, civil commotion, unrest or disturbance, cessation of labour, acts or omissions of any governmental authority, changes to any laws, or any other cause, event, circumstance or contingency beyond our reasonable control (“force majeure event”);
• which arise during or after you or an unauthorised person has tampered with a Device, the Sensors, the Valve or any other components of a Device; and/or
• due to power surges or any damage, malfunction or failure resulting from misuse, neglect, abuse or use for a purpose for which a Device or its components are not designed.

Amounts listed in clause 10.1 above are subject to a market-related increase (in our discretion) each year. We will notify you of increases upon enquiry.

Appliance Replacement or Repair

In cases where your geyser or inverter is replaced or repaired, we suggest using an accredited technician to complete the work, so they can reconnect the Device to your geyser or inverter.

If your geyser or inverter is not replaced or repaired by an accredited technician, you will need to pay a call out fee of R650 for an accredited technician to reconnect the Device.

Contact us on support@sunlogic.co.za and we’ll connect you with a list of accredited technicians in your area.

Relocation

If you are moving to a new premises and want to take the Device(s) with you, we can arrange a technician to do this for you. The cost will be quoted at the time and will be for your account.

If you choose not to move the Device(s), you won’t need to pay the Cancellation Fee set out in clause 5.2 if somebody takes over your subscription for the Service; for example if you move out of your house and your subscription is duly transferred by us to the new owner or tenant.

Appliance Operation and Usage Data

You consent to us:

• adjusting when your water heater draws power and how your inverter operates to save you money while (i) enabling more solar energy use, (ii) providing you with protection from power outages, (iii) reducing reliance on dirty and expensive grid electricity during peak usage periods, (iv) reducing the risk of load shedding, and/or (v) providing other services to an electricity system; and
• sharing certain data about your use of the Service (including your system and measurement data) with third parties: Where you have an established relationship with the third party (for example, your solar company or installer), and you have consented to them accessing your data (for example, for providing maintenance services), then your name, address and summarised usage data may be shared.
• Where you do not have a relationship, usage data is anonymised and aggregated, and cannot be used to identify you. We collate the usage data we collect and use it to improve the Device(s) and Service and to report on the effectiveness of the Service to existing and prospective partners.

Personal Information

You consent to us processing your information (which includes personal information) in relation to this agreement and your use of the Service:

• in connection with your registration for the Service, we process: your name and identity number to perform soft credit checks to establish your credit worthiness; this will not affect your credit score;
• your name, email address and payment information to contact you, facilitate the transactions and to begin the process of getting the Device(s) installed;
• your hot water system and inverter details to determine your eligibility for Device(s);
• in connection with installation of the Device(s), we process: your name, physical address and contact information in order for our partners to contact you and install the Device(s);
• your hot water, inverter, battery and solar system details, data and photos to validate your installation and optimise the Device(s);
• in connection with your registration on the App, we process: your contact information to set up alerts and stay in touch;
• your hot water, inverter, battery and solar system details, your desired hot water times and energy automations to better optimise the Device(s);
• in providing the Service, we process: sensor data from the Device(s) to optimise your service, detect and notify you of issues, to develop and market new products or services, and to report on service performance to our partners.
• in connection with payment your name, payment, and contact information in order for our payment provider to contact you to complete payment or investigate irregular transactions.

You consent to us sharing your name, physical address and contact information with our installation partners so that they can reach out to schedule the installation of the Device(s) and so that they can assist with callouts.

You must notify us timeously if any of your details change. In particular, you must notify us within 3 business days if your payment details change.

Please visit our privacy policy for full details on how we process personal information.

Breach and Misuse of the Service

If you breach this agreement, including, by failing to pay any amounts due to us from time to time (including where a debit order on your account is unsuccessful) on the due date for payment, and you fail to remedy such breach within 14 days of receiving a written demand from us to do so, we may, without prejudice to any of our other rights, temporarily or permanently suspend your access to the Service.

You will pay us for any losses, damages, costs, liabilities and expenses, including legal or collection costs, that we incur arising out of your use, or misuse of the Services or breach by you of this agreement.

If you do not comply with this agreement and we do not take immediate action, this does not mean that we waive any of our rights; we will remain entitled to take action against you in the future.

Disclaimer and Limitation of Liability

We make no guarantees as to the quality or suitability of the Service for any particular purpose, that the Service will fulfil your specific needs, or that you will enjoy any particular saving by using the Service. The savings generated from the Service are dependent on a variety of factors, including your hot water system, hot water usage patterns, energy infrastructure and usage patterns.

We do not warrant (promise) that the Service (including access to the System and the App) will be uninterrupted or error-free, or free of viruses or other harmful components.

The Service is provided to you at your own risk. In the unlikely event that you experience loss or damage in connection with your use of the Service, we will not be responsible to make good any such loss or damages, unless caused by our gross negligence or wilful misconduct. Our liability to you, if any, arising out of, or in connection, with the Service or our, or any relevant third party service providers, will be limited to the total amount paid by you in respect of the Service for the 6 month period before the date upon which you first notified us in writing of your claim. We strongly recommend that you take out and maintain adequate home or other insurance.

We will not be responsible for any failure to perform/delay in performing our obligations if it is caused by a force majeure event.

General Provisions

Governing Law This agreement shall be governed by and interpreted in accordance with South African law and any disputes between you and us relating to this agreement will be subject to the jurisdiction of the High Court of South Africa.

Legal Notices Legal notices will be served on you at the e-mail address, or physical address, you provide to us when you register for the Service. Notices will be presumed to have been delivered to you on the date and time of despatch as recorded by the computer of the sender, or date of delivery at your physical address.

Interpretation In this agreement:

• all Rand amounts are inclusive of value-added tax;
• a reference to any other agreement or document shall be to such agreement or document as amended;
• clauses shall continue to operate after the termination of this agreement if necessitated by their nature;
• “business day” means a day which is not a Saturday, Sunday or a public holiday in the Republic of South Africa, and “business hours” means the hours between 08h00 and 17h00 SAST on a business day;
• the words “include”, “including” and “in particular” are by way of example only and shall not limit the generality of any preceding words;
• the words “other” and “otherwise” shall be interpreted as widely as possible and will not be limited by any preceding words;
• a South African law process shall, if a party is subject to another jurisdiction’s law, be interpreted in relation to that party as including an equivalent or analogous proceeding under such other law; and
• if any provision becomes illegal, invalid or unenforceable, such provision shall be severed, to the extent of its illegality, invalidity or unenforceability, from the balance of this agreement.

Reproduced as it appears live (sunlogic.co.za/policy-terms-warranty/#energy). This is the actual, current cancellation policy (see clause "Commencement, Duration and Termination" above), reconciled with the Energy Management landing page's own summary.

Information Privacy Statement

We are committed to respecting and protecting the privacy rights of all clients, customers, business partners and associates of this organisation in terms of the provisions of the Protection of Personal Information Act of 2013 ('POPIA' or 'the Act').

The purpose of this privacy statement is to give an outline of our policy in respect of the processing of your personal information as a 'data subject' in terms of the Act. In this statement we inform you why we require personal information about you, how we will collect that information, for what purposes we will store or use the information and how we will protect your personal information. It also informs you about your rights.

This statement is issued on behalf of Automated Publishing Services (PTY) Ltd and, where applicable, it's associates.

What personal information do we collect about you and how do we collect it?

We collect information when initially engaging with you and in the course of doing business with you, as a consequence of which you are considered to be a data subject in terms of the Act. As a general rule information is collected voluntarily and directly from a data subject, or from and authorised representative of the data subject. In some cases, personal information may be collected from our associates, from the public domain or from other sources, provided that it is collected in a lawful manner and for lawful purposes as envisaged by the Act. The information may be collected manually or electronically, telephonically, via email, online portals or via other electronic platforms.

The information that we collect includes information envisaged by the definition of 'personal information' in the Act, but we try to limit the amount of information we collect so that it is relevant and adequate for the purposes for which it is collected. We do not collect 'special personal information' as defined in the Act in the normal course of our business, but may do so where authorisation has been obtained, or if it is required or permitted by law.

Why do we need this information?

The information you provide will only be used for the purposes pertaining to the services or products provided by us and our associates, or for other lawful purposes as prescribed or permitted by the Act. We will not use your personal information for any other purpose.

How do we ensure that your information remains secure?

We have measures in place to ensure the maintenance of security surrounding the storage and disclosure of personal information, as required by the Act. Whenever any external party is appointed to operate our data storage systems, we seek a written undertaking from such an external party that the integrity and confidentiality of the personal information will be protected.

Data in other locations.

Given the nature of our business, the personal information that we collect about you may be transferred to, and stored electronically in locations other than the business's premises, including in other countries. In such cases, the business will take appropriate steps to ensure that there is an adequate level of data protection in the country of the recipient as required in terms of the Act. If the external party is unable to ensure an adequate level of data protection, we will inform you accordingly and your personal information will not be transferred to any such location without your consent.

For how long is the information retained?

The personal information collected from you will only be kept for as long as it is reasonably necessary to serve the purpose for which it was collected. We shall review the need to keep particular records from time to time. However, you may contact the information officer at any time if you would want any record of your personal information to be removed.

Your rights and obligations under the POPIA.

We have appointed and registered an Information Officer with the Information Regulator to ensure that the provisions of the Act are complied with and to facilitate communication with subscribers, clients, business partners, associates and the Information Regulator. You have the right to object to the processing of your personal information in certain circumstances (Section 11(3) of the Act). You also have the right to access personal information we hold about you and to request for it to be corrected, or to be destroyed or deleted in certain circumstances (Section 24 of the Act). You may address your requests to the Information Officer via the e-mail address mentioned below.

Changes to this Statement.

Some of the points in this statement may also be referred to or elaborated on in a service or other agreement we have with you. While we reserve the right to update this statement from time to time, it will not affect any agreement we have with you.

Complaints or queries.

If you have a complaint, you may contact the Information Regulator at complaints.IR@justice.gov.za. However, we would encourage you to first contact the Information Officer in order to address any concern or query that you may have.

Note: this statement is issued in the name of "Automated Publishing Services (Pty) Ltd", not Sunlogic SA (Pty) Ltd, which is used everywhere else on this page. Reads like a template that wasn't fully customised for Sunlogic and is worth fixing regardless of the rebuild.

Sunlogic SA (Pty) Ltd takes photo's and / or video at every install. These photographs and videos are used, first and foremost for applications to authorities where necessary and to assist us in managing and assessing quality of the install.

These photos and videos may be used in marketing material, be it printed or other media channels including but not limited to social media.

Sunlogic SA (Pty) Ltd will ensure that no personal information or other sensitive details be used in any marketing related material.

Sunlogic SA (Pty) Ltd warrants that their products, imported from the manufacturer or procured from a local importer / distributor, when used in accordance with the instructions for use and the manufacturers use policies, shall be free from defects in workmanship and materials and will perform in accordance with manufacturers official published product specifications for a period as stipulated in the manufacturing product documentation from the date of purchase by the customer.

Sunlogic SA (Pty) Ltd, as agent for the manufacturer / distributor, serves as support to the warranty issued by the manufacturer and does not have the right to directly issue or change the terms or period of the manufacturer's warranty unless approved in writing by the manufacturer.

This warranty does not cover damage caused by: accident; misuse or abuse; modification; failure to follow instructions for use; use of the product in a manner contrary to applicable laws or not within Sunlogic SA (Pty) Ltd's reasonable contemplation; unsuitable physical or operating environment; failure caused by a product not supplied or installed by Sunlogic SA (Pty) Ltd; other defects not related to materials or workmanship; failure to use original parts; use of an unauthorised supplier to maintain or fix the system.

Warranty claims must be accompanied by proof of purchase (i.e. sales receipt / invoice). If a product you have purchased does not meet this warranty, Sunlogic SA (Pty) Ltd will, to the extent permitted by law, at its option, replace or service the product or the defective material or part. If Sunlogic SA (Pty) Ltd replaces or services any product or part, the warranty period for any product or part replaced does not extend beyond the original warranty period. Sunlogic SA (Pty) Ltd reserves the right, at its sole discretion, to give you a refund of the purchase price instead of a replacement of the product.

Sunlogic SA (Pty) Ltd excludes all express or implied conditions and warranties and, to the extent permitted by law, any implied condition or warranty that may not be excluded by law is limited in duration to the period of this warranty. The maximum liability of Sunlogic SA (Pty) Ltd to you in connection with any product will not exceed the amount paid by you for the product. To the fullest extent permitted by law, Sunlogic SA (Pty) Ltd disclaims all liability for special, incidental, indirect or consequential loss or damage of any kind and for any loss of profit, revenue, savings, business or goodwill arising out of the sale or use of this product.

This warranty does not exclude or limit the application of any provision of any law where to do so would contravene that law or cause any part of this warranty to be void. Any illegality, unenforceability or invalidity of a provision of this Warranty Statement does not affect the legality, enforceability or validity of the remaining provisions. This Warranty Statement is governed by and interpreted in accordance with the laws of South Africa. Both parties submit to the non-exclusive jurisdiction of the courts of South Africa in relation to any dispute connected with this Product Warranty.