Terms of Service

Welcome to Xolar Inc. ("Xolar," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By accessing our website at xolar.ca, requesting a quote, scheduling a consultation, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.

These Terms constitute a legally binding agreement between you and Xolar Inc. If you are entering into these Terms on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

Xolar Inc. provides solar energy solutions, including but not limited to:

• Residential and commercial solar panel installation
• Tesla Powerwall and battery storage systems
• Heat pump installation and services
• Electric vehicle (EV) charging station installation
• Solar system design and engineering
• Maintenance and repair services
• Energy consultation and assessment
• Assistance with government rebate applications

3. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

4. Service Agreements and Contracts

4.1 Quotes and Estimates

Quotes and estimates provided by Xolar are valid for 30 days from the date of issuance unless otherwise specified. Quotes are based on the information provided by you and may be subject to change following a site inspection or if conditions differ from those initially described.

4.2 Contracts

All solar installation projects require a signed contract between you and Xolar. The contract will specify:

• Scope of work and deliverables
• Project timeline and milestones
• Pricing and payment terms
• Warranty information
• Cancellation and refund policies
• Terms specific to your installation

4.3 Changes to Scope

Any changes to the agreed-upon scope of work must be documented in writing and signed by both parties. Additional charges may apply for changes requested after the contract is signed.

5. Pricing and Payment

5.1 Pricing

All prices are quoted in Canadian dollars (CAD) and are subject to applicable taxes. Pricing is based on current market rates for equipment and labor and may be subject to change.

5.2 Payment Terms

Standard payment terms are outlined in your service contract and typically include:

• Deposit upon contract signing
• Progress payments at specified milestones
• Final payment upon project completion and inspection

5.3 Financing

Financing options may be available through our third-party partners. Financing is subject to credit approval and the terms set by the financing provider. Xolar is not responsible for financing decisions or terms.

5.4 Government Rebates

While we assist with rebate applications, we cannot guarantee approval or rebate amounts. You are responsible for meeting all eligibility requirements. Rebate processing times are determined by government agencies, not Xolar.

6. Installation and Project Timeline

6.1 Site Assessment

Prior to installation, we will conduct a site assessment to verify the suitability of your property and the accuracy of our initial estimates. You agree to provide access to your property for this purpose.

6.2 Permits and Approvals

Xolar will obtain necessary permits and utility approvals on your behalf. Project timelines may be affected by permit processing times, which are beyond our control.

6.3 Timeline

While we strive to complete projects within estimated timelines, delays may occur due to:

• Weather conditions
• Permit approval delays
• Equipment availability
• Utility company scheduling
• Unforeseen site conditions

We will communicate any delays promptly and work diligently to minimize their impact.

6.4 Property Access

You agree to provide Xolar and its contractors with reasonable access to your property during normal business hours for installation, inspection, and maintenance purposes.

7. Warranties

7.1 Workmanship Warranty

Xolar provides a workmanship warranty covering the quality of our installation work. The duration and terms of this warranty are specified in your service contract.

7.2 Equipment Warranties

Solar panels, inverters, batteries, and other equipment come with manufacturer warranties. These warranties are provided by the equipment manufacturers and are subject to their terms and conditions. Xolar will assist you in processing warranty claims but is not responsible for manufacturer warranty coverage or decisions.

7.3 Warranty Exclusions

Warranties do not cover:

• Damage caused by improper use or maintenance
• Modifications or repairs performed by unauthorized parties
• Acts of God, natural disasters, or extreme weather events
• Normal wear and tear
• Damage caused by pests, vandalism, or accidents

8. Customer Responsibilities

As a customer, you agree to:

• Provide accurate information about your property and energy needs
• Maintain adequate homeowner's insurance coverage
• Notify us of any changes to your property or electrical system
• Perform routine maintenance as recommended
• Allow access for scheduled maintenance and inspections
• Use the solar system in accordance with manufacturer guidelines
• Comply with local building codes and HOA requirements

9. Limitation of Liability

To the fullest extent permitted by law:

9.1 Direct Damages

Xolar's total liability for any claim arising from or related to our services shall not exceed the total amount paid by you for the specific service giving rise to the claim.

9.2 Indirect Damages

Xolar shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of energy production or savings
• Loss of use or data
• Business interruption
• Cost of substitute services

9.3 Energy Production

While we provide estimates of energy production, actual production may vary based on weather, shading, system performance, and other factors beyond our control. We do not guarantee specific energy production levels or cost savings.

10. Indemnification

You agree to indemnify, defend, and hold harmless Xolar Inc., its officers, directors, employees, agents, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Your misuse of our services
• Any false or misleading information you provide

11. Cancellation and Refunds

11.1 Cancellation by Customer

You may cancel your service contract subject to the cancellation terms specified in your agreement. Cancellation fees may apply to cover costs already incurred, including:

• Engineering and design work
• Permit application fees
• Equipment ordered specifically for your project
• Labor and materials already provided

11.2 Cooling-Off Period

In accordance with applicable consumer protection laws, you may have a cooling-off period during which you can cancel your contract without penalty. This period and its terms will be specified in your contract.

11.3 Cancellation by Xolar

We reserve the right to cancel or refuse service if:

• Your property is unsuitable for solar installation
• Necessary permits cannot be obtained
• You provide false or misleading information
• You fail to make required payments
• You breach these Terms or your service contract

12. Intellectual Property

12.1 Our Content

All content on our website, including text, graphics, logos, images, software, and design elements, is the property of Xolar Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws.

12.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not:

• Reproduce, distribute, or create derivative works from our content
• Use our content for commercial purposes without permission
• Remove or modify any copyright or trademark notices
• Use automated tools to access or scrape our website

12.3 Your Content

By submitting content to us (such as photos of your installation or testimonials), you grant Xolar a worldwide, royalty-free, perpetual license to use, reproduce, and display such content for marketing and promotional purposes.

13. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to our data practices as described in the Privacy Policy.

14. Third-Party Services

Our services may integrate with or link to third-party services, including:

• Financing providers
• Equipment manufacturers
• Government agencies
• Utility companies
• Payment processors

We are not responsible for the actions, policies, or services of these third parties. Your interactions with third parties are governed by their respective terms and policies.

15. Website Use and Restrictions

When using our website, you agree not to:

• Violate any applicable laws or regulations
• Infringe on any intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our website
• Impersonate any person or entity
• Collect user information without consent
• Use our website for any unlawful purpose

16. Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

16.2 Negotiation

In the event of any dispute, the parties agree to first attempt to resolve the matter through good faith negotiation.

16.3 Mediation

If negotiation fails, the parties agree to participate in mediation before pursuing litigation.

16.4 Jurisdiction

Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of Ontario, Canada, and you consent to the jurisdiction of such courts.

17. Force Majeure

Xolar shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to:

• Natural disasters or severe weather
• Pandemics or public health emergencies
• War, terrorism, or civil unrest
• Government actions or restrictions
• Labor strikes or disputes
• Equipment or supply chain disruptions
• Utility or telecommunications failures

18. 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 minimum extent necessary to make it valid and enforceable.

19. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Entire Agreement

These Terms, together with your service contract and our Privacy Policy, constitute the entire agreement between you and Xolar regarding our services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

21. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Xolar may assign these Terms to any successor or affiliate without restriction.

22. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on our website with an updated "Last Updated" date. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

For material changes, we will provide notice via email or a prominent notice on our website at least 30 days before the changes take effect.

23. Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: warranties, limitation of liability, indemnification, dispute resolution, and intellectual property rights.

24. Contact Information

If you have questions about these Terms of Service, please contact us:

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.