SolarEdge Communication Plan Terms and Conditions
Version 1.0, March 2021
Introduction
These Terms and Conditions are an “agreement” between you, and SolarEdge and govern your purchase and use of the wireless communication plan(the “Service”)provided by a third party network carrier (‘CellularService Provider’) and passed-through by SolarEdge for the connection ofyourSolarEdgeproduct(the “Device”)to the SolarEdge monitoring portal(“Monitoring Portal”). When subscribing or using the Service, you agree to these Terms & Conditions.As used herein, the terms "us", "we" or "our" refer to SolarEdge Technologies Ltd., and its affiliated entities ('SolarEdge'). The terms "you" or "your" means the person or entity that has purchased, accessed, or is using the Services and accepts these Terms, including owners of theSolarEdge products('Owner') and/or any individuals or entities who are authorized to access and managetheOwner'sSolarEdgeproductsand Service on the Owner's behalf('Authorized User/s').If you are entering into these Termson behalf of an Owneror any other individual or entity, you represent that you have the authority to bind such Owner, individual orentity to these terms
The Service is available through a paid subscription. Information about the Service can be found in the relevant product data sheet on the SolarEdge website.
The Service start date shall be the earlier of: (i) the date the Device is connected to the Monitoring Portal as evidenced by our records; and (ii) 4 months from the date theDeviceis shipped from SolarEdge.
a. Suspension or Termination
You represent that you are aware that SolarEdge does not independently provide the Services and as such the Service isprovided under contractual agreements between SolarEdge and CellularService Providers. If the terms and conditions under which a CellularService Providerextends the Services to SolarEdge change,Customer may no longer be permitted to access and use the Service.
SolarEdge is therefore is not liable for problems caused by changes to the Service which are beyond its control. Under certain circumstances we may be obligated to either suspend or terminate the Service, at any time for any reason, includingwithout limitationfor network or system maintenance, improvement,discontinuance, failure,if weor theCellularService ProvidersuspecttheService is being used for any unauthorized or inappropriate purposeoras a result of yourbreach of these Terms & Conditions.If suspension or termination of the Service occurs forthe above mentionedreasons, you acknowledge and agree that you may not beable to access the Service.Additionally we may be required to change the prices we chargefor the Service, atany time. Any change in prices for your Service will not take effect until the currentsubscriptionhas expired.SolarEdge will use its best efforts to notify you of any changes to the Service by postingthe amended terms on our website and/or on your SolarEdge Account. It is your responsibility to review these Terms & Conditions periodically.
If your Service is changed, terminated or discontinued without cause, we will transfer the balance of the remaining pre-paid subscriptionplantoan alternativeservice or carrier provided that you shall bear any cost associated with the replacement of any equipment that is necessitated as a result of such change or discontinuation.
b. Cancellation by You
You may cancel the Service at any time through your SolarEdge Account or by contacting the SolarEdge Customer Support team and notifying us that you want to cancel the Service. In no event will you be entitled to a refund.
c. Reactivation of Service
Following its termination by You or due to reasons related to You, reactivation of the Service is solely at the discretion of theCellularService Provider and maybe subject toa reactivation fee.
d. Your Obligations
You acknowledge that the Service may only be used for the connection of your SolarEdge Device to the SolarEdge Monitoring Portal and may not be used for any other purpose.SolarEdge reserves the right, without notice or limitation, to limit throughputspeeds or quantities or to deny, terminate, end, modify, disconnect, or suspendthe Serviceifyou engage in any illegal or prohibited uses.
e. Events Beyond Our Control
SolarEdge relies on Cellular Service Provider for the provision of the Services and is therefore not liable for problems caused by conditions beyond its control.Conditions beyond our control,including without limitation, discontinuance of the Service or any part thereof by theCellular service Provider,atmospheric, geographic, or topographicconditions, damage to or failure to maintain yourDevicein good working order, government laws, rules or regulations, failure, or outages of utility or wireless networks (including interruption ofcellular service), war, act of God andnatural disastermay prevent or delaythe provision of yourService, or affect the quality of the Service. In the event of any of the foregoing, we may,be forced to, suspend or terminate the Service, without notice to you and without anyliability. SolarEdge Communication Plan Terms and Conditions
SolarEdge Communication Plan Terms and Conditions
SolarEdge Communication Plan Terms and Conditions
f. Regulatory or Technology Changes
In the event of any regulatory, governmental or other legally-compelled changes, or if our Cellular Service Provider terminates or restricts wirelessservices of the type used by yourDevice,SolarEdge shall notberesponsible for the cost of replacing, anyequipment that is necessitated as a result ofsuch change or discontinuation(‘Equipment’).
g. Disclaimer of WarrantiesSOLAREDGE EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO THE SERVICE. SOLAREDGE DOES NOT WARRANT OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR TOANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE WILL BE PROVIDED WITHOUT INTERRUPTION,DELAY OR ERROR. WE MAKENOWARRANTIES, EXPRESS OR IMPLIED ABOUTTHE SERVICE,INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSEOR USE. ALL SUCHWARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS. WE.
The only warranties applicable to the Equipment in your Device are those covered under the SolarEdge Limited Product Warranty (“Limited Product Warranty”).Such Limited Product Warrantydoes not cover the Service, in whole or in part.
SolarEdge is not liable for any act or omission of a Cellular Service Provider furnishing the Service or for any damages that result from or arise out ofany unauthorizeduse, installation, repair or maintenance by you or by any personacting on your behalf including without limitation any Authorized.For the avoidance of doubt,Cellular Service Providers will not be considered as SolarEdgesubcontractors for any purposes. IF WE OR OUR CELLULAR SERVICE PROVIDERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITYFORANY SOLAREDGEENTITYOR OUR CELLULAR SERVICE PROVIDERSTO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY ORFOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY,OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTIONOF THE SERVICERATES CHARGED TO YOU FOR THE SERVICES THATARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY SOLAREDGEENTITY WOULD HAVE AGREED TO PROVIDE THE SERVICE TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF ANYSOLAREDGEENTITYOR OURCELLULARSERVICE PROVIDERS. IN NO EVENT SHALL ANY SOLAREDGE ENTITY OR OUR CELLULAR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITSOR REVENUE (REGARDLESS OF WHETHER WE, ANYSOLAREDGEENTITY OR OURCELLULAR SERVICE PROVIDERSHAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR(B) ATTORNEY'S FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE.TO THE EXTENT THATTHE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGESIS POHIBITED BY LAW IN CERTAIN TERRITORIES, THOSE PARTICULAR LIMITATIONS MAYNOT APPLY TO YOU.
Governing Law
These Terms & Conditions are governed by, and to be interpreted according to, the laws of the State of Delaware.
Entire Agreement
These Terms & Conditions is the entire agreement between you and us. It supersedes all other agreements,communications or representations, oral or written, between us, past or present in connection to the subject matter hereof.