Terms of Service

1.Acceptance of These Terms

1.1  These Terms of Service (“Terms”) govern your access to and use of myenergybahamas.com and any associated subdomain, application, portal or tool operated by My Energy Bahamas Ltd. (“My Energy Bahamas,” “My Energy,” “we,” “us,” “our”), and govern the basis on which we provide information, quotations, proposals and services to you.

1.2  By accessing this website, submitting an enquiry, requesting a quotation, or engaging with us in any way, you accept these Terms. If you do not accept them, do not use this website.

1.3  These Terms incorporate by reference, and must be read together with, our Performance Estimates & Disclaimer and our Privacy Policy.

1.4  You must be at least eighteen (18) years of age and legally capable of entering binding contracts to transact with us. Where you act for a company, partnership or other entity, you warrant that you are authorised to bind it.

2.Who We Are

2.1  My Energy Bahamas is a supplier, designer and installer of solar photovoltaic, battery energy storage, backup power, microgrid and related electrical systems, operating in The Commonwealth of The Bahamas.

2.2  Registered name: MY ENERGY BAHAMAS LTD. Company registration number: 1594029262. Registered and business address: Caves Professional Plaza, Nassau, New Providence, The Bahamas.

2.3  All works forming part of your System are performed by qualified personnel who hold the licences, certifications and registrations required under Bahamian law. We stand behind the quality of all work performed under your Agreement.

3.Use of This Website

3.1  You may use this website for lawful purposes and for evaluating our products and services. You may not: use it in any way that breaches applicable law; attempt to gain unauthorised access to any part of it or to any server, computer or database connected to it; introduce malware or any harmful code; scrape, harvest, mine or systematically extract its content by automated means; reproduce or republish its content except as clause 22 permits; interfere with its operation or availability; or use it to transmit unsolicited commercial communications.

3.2  We may suspend, withdraw or restrict access to all or part of this website at any time without notice and without liability. We do not warrant that it will be available uninterrupted or error-free.

4.Website Content Is Informational Only

4.1  Content on this website — including guides, blog articles, technical explanations, product descriptions, case studies, tariff explanations and comparisons — is published for general information. It is not technical, engineering, financial, legal, tax or professional advice, is not tailored to your premises or circumstances, and must not be relied upon as the basis for any decision.

4.2  Information about utility tariffs, fuel charges, regulatory programmes, incentives, duty concessions, interconnection rules and government schemes is accurate to the best of our knowledge as at the date of publication only. These are set by third parties and change without notice to us. Verify anything material with the relevant utility, regulator or authority before acting on it.

4.3  Product specifications, images, configurations and availability are indicative and subject to change by manufacturers without notice. Images are illustrative and may show configurations, finishes or accessories not included in a given quotation.

4.4  Case studies and past project results describe outcomes at particular premises with particular Usage Profiles. Past results are not indicative of, and are no guarantee of, the results you will obtain.

5.Calculators and Estimating Tools

5.1  Savings calculators, sizing tools, load estimators and similar instruments made available on this website produce indicative results only, generated from simplified assumptions and from the figures you enter. They are not a design, not a quotation, and not a substitute for a site assessment.

5.2  Output from any such tool is an Estimate as defined in our Performance Estimates & Disclaimer, and that Disclaimer applies to it in full. Results depend entirely on the accuracy of the inputs you provide and on assumptions that may not hold at your premises.

6.Performance Claims and Estimates

6.1  This clause states, in summary, the position we take on performance claims. The full and operative terms are those of the Performance Estimates & Disclaimer, which prevails over this summary in the event of any inconsistency.

6.2  No employee, officer, agent, contractor, dealer or partner of My Energy Bahamas has authority to guarantee any performance outcome, or to vary these Terms or the Performance Estimates & Disclaimer, otherwise than in writing signed by an authorised officer of My Energy Bahamas.

7.Quotations, Proposals and Formation of Contract

7.1  A quotation or proposal issued by us is an invitation to treat and not an offer capable of acceptance. No contract is formed until we issue a written acceptance or an executed agreement signed by an authorised officer of My Energy Bahamas, and, where the agreement so requires, the deposit is received in cleared funds.

7.2  Every quotation is made on the basis of the site conditions and Client-supplied data described in clauses 9 and 16 of the Performance Estimates & Disclaimer, and is subject to survey, structural verification, electrical verification and, where applicable, regulatory approval.

7.3  Clerical, computational and typographical errors in any quotation, proposal, invoice or published price are subject to correction, and we are not bound by a price or specification stated in error.

8.Pricing, Duties and Validity

8.1  Quoted prices are valid for the period stated on the quotation and, if no period is stated, for thirty (30) days from issue.

8.2  Prices are quoted in Bahamian Dollars (BSD) or United States Dollars (USD), as stated on the quotation. Where a price is stated without designation, it is to be read as Bahamian Dollars. BSD and USD are accepted at par. Unless expressly stated otherwise, quoted prices are exclusive of Value Added Tax and any other tax, levy, stamp duty or government charge, which is payable by you in addition.

8.3  Prices are calculated on customs duties, import tariffs, exemptions, concessions, freight rates and exchange rates in effect at the date of quotation. Where any of these changes between quotation and shipment, we may adjust the price accordingly on written notice, and you may in that event terminate before shipment on the terms set out in clause 14.

8.4  Prices exclude, unless expressly itemised: roof repair or replacement; structural strengthening; electrical panel upgrade or service upgrade; trenching, civil and concrete works; tree removal; utility charges, application fees and metering costs; permit fees; scaffolding, cranage or specialised access; and remediation of pre-existing defects or code non-compliance.

9.Payment, Title and Risk

9.1  Payment terms, deposit and milestone schedule are as stated in your Agreement. Time for payment is of the essence.

9.2  Overdue sums bear interest at one and one-half per cent (1.5%) per month, or the maximum rate permitted by law if lower, accruing daily from the due date until payment. You are liable for all costs of recovery, including reasonable legal fees.

9.3  Legal and beneficial title to all equipment remains with My Energy Bahamas until we have received payment in full in cleared funds. Risk in the equipment passes to you on delivery to the premises or on commissioning, whichever is earlier. Until title passes you must keep the equipment insured, identifiable and free of any charge or encumbrance, and we may, on reasonable notice, enter the premises to recover it if payment is not made.

9.4  We may suspend works, withhold commissioning, or disable remote monitoring pending payment of any overdue sum. We may not, and will not, remotely disable a System that has been paid for.

10.Scheduling, Timelines and Delay

10.1  Any date or duration for survey, delivery, installation, commissioning or energisation is an estimate given in good faith and is not a contractual date unless expressly stated to be a fixed date in your Agreement. Time is not of the essence in respect of our performance.

10.2  Timelines are commonly affected by matters outside our control, including: shipping, freight and port congestion; customs clearance and duty processing; manufacturer lead time and stock allocation; utility application processing, inspection and metering; permitting authority processing; weather, including hurricane season conditions; access to Family Island locations; and readiness of the site or of works by other trades.

10.3  Delay does not entitle you to reject the System, withhold payment for work properly performed, claim damages for delay, or terminate, save as expressly provided in your Agreement.

11.Permits, Approvals and Interconnection

11.1  Where our scope includes applications for permits, utility interconnection, net billing or self-generation approval, we will prepare and submit them with reasonable skill and care. We do not warrant that any application will be granted, granted in the capacity applied for, granted without conditions, or granted within any timeframe. Those decisions rest with the utility, the regulator and the relevant authorities.

11.2  Where approval is refused, delayed, or granted subject to conditions materially affecting the design — including export limitation, capacity restriction or mandated equipment change — the parties shall in good faith agree a variation under clause 13, or, failing agreement, terminate on the terms in clause 14.

11.3  Compliance with any covenant, strata rule, homeowners association restriction, lease condition, mortgage condition, conservation designation or planning restriction affecting the premises is your responsibility, and you warrant that you have obtained all consents required to install the System.

11.4  You warrant that you own the premises, or hold the owner’s written consent to the installation, and will indemnify us against any claim arising from a want of authority to install.

12.Client Obligations and Site Access

12.1  You shall, at your cost: provide safe, clear and timely access to the premises and to all relevant areas; provide accurate and complete information as required by clause 9 of the Performance Estimates & Disclaimer; provide temporary power and water where reasonably required; secure or remove valuables, vehicles and obstructions; secure pets; disclose known hazards, including asbestos, unstable structures and concealed services; and obtain the consents referred to in clause 11.

12.2  Costs arising from denied, delayed or abortive access, from inaccurate information, or from site conditions not disclosed to us, are chargeable at our then-current rates.

12.3  Installation works are inherently intrusive. Penetrations, minor cosmetic disturbance, and marks arising from access, mounting, conduit routing and cable entry are a normal incident of the works and are not defects, provided the works are weathertight and code-compliant.

13.Variations and Change Orders

13.1  Any change to scope, specification, equipment, layout, backed-up circuit designation or programme must be recorded in a written variation signed by both parties before the varied work is performed. Verbal instructions to vary are not effective.

13.2  A variation may adjust the price, the programme, and the assumptions on which any Estimate was based. A variation you request may materially change System performance against a previously issued estimate, and no such change is a breach by us.

14.Cancellation, Restocking and Refunds

14.1  Cancellation rights, notice periods, deposit treatment and cancellation charges are as stated in your Agreement, and, where you contract as a consumer, are subject to any non-excludable statutory cooling-off or cancellation rights available to you under Bahamian law.

14.2  Where you cancel after equipment has been ordered, shipped, cleared or delivered, you are liable for the actual and reasonable costs we have incurred and cannot recover, including freight, duty, clearance, restocking charges levied by suppliers, engineering and design time expended, permit fees paid, and works performed to the date of cancellation.

14.3  Custom-configured, made-to-order and specially imported equipment is non-returnable and non-refundable once ordered.

15.Warranties

15.1  We warrant our workmanship for the period and on the terms stated in your Agreement. Equipment warranties are given by the respective manufacturers and are passed through to you on their published terms, as set out in clause 18 of the Performance Estimates & Disclaimer.

15.2  Our warranties do not extend to, and are voided by: unauthorised modification, extension, repair or interference; work on the System by any party not authorised by us in writing; misuse, overloading or operation outside the manufacturer’s stated parameters; deferred maintenance and shading permitted to develop, as described in clause 17 of the Performance Estimates & Disclaimer; damage by storm, flood, lightning, fire, pest, vandalism, theft or accident; corrosion beyond the manufacturer’s stated environmental rating; failure of the utility supply or of premises wiring not installed by us; and normal wear, degradation and cosmetic change.

15.3  No warranty given by us is a warranty of energy production, bill savings, backup duration or financial return, and no such warranty is to be implied from any warranty of equipment or workmanship.

16.Monitoring, Software and Remote Access

16.1  Monitoring platforms and mobile applications are provided by equipment manufacturers or third parties under their own terms and privacy policies, to which you must agree separately. We do not control, warrant or accept liability for their availability, accuracy, security, feature set or continued existence.

16.2  Accuracy and availability of monitoring data are subject to clause 15 of the Performance Estimates & Disclaimer.

16.3  Where remote access is enabled, we and the manufacturer may access the System to diagnose faults, apply firmware and configuration updates, and adjust protective settings required for safety or regulatory compliance. You consent to such access. Firmware updates are issued by manufacturers and may alter System behaviour, features or performance; we do not control their content and are not liable for their effects.

16.4  You consent to our collection and use of System operating and production data for the purposes of service, warranty administration, fault diagnosis, and in anonymised and aggregated form for design, research and reporting.

17.Promotions, Referrals and Solar Parties

17.1  Referral rewards, promotional offers, discounts, competitions and hosted events, including “Refer a Friend” and “Solar Parties,” are subject to their own published terms, which prevail over these Terms in respect of that programme. Where no separate terms are published, participation is at our discretion.

17.2  We may vary, suspend or withdraw any promotion at any time. Rewards are not payable where the referred contract is cancelled, is not completed, or is not paid in full, and are not transferable or redeemable for cash unless expressly stated. Any tax arising on a reward is your responsibility.

18.Investor and Forward-Looking Statements

18.1  Material published on this website concerning our business, growth, pipeline, markets or plans, including any investor-facing material, does not constitute an offer to sell, or a solicitation of an offer to buy, any security or interest, and is not a prospectus, offering document, or investment advice. Any offer would be made only by separate formal documentation to eligible persons in compliance with applicable law.

18.2  Statements about future events, plans, capacity, expansion, market conditions or expected results are forward-looking. They rest on assumptions and are subject to risks and uncertainties. Actual outcomes may differ materially. We undertake no obligation to update any forward-looking statement.

19.Careers

19.1  Job listings are invitations to apply and are not offers of employment. No employment relationship arises otherwise than by written offer signed by an authorised officer and accepted by you.

20.Communications and Consent

20.1  By providing your contact details you consent to our contacting you by telephone, email, SMS and messaging application in connection with your enquiry, quotation, project and ongoing service. Message and data rates may apply. Marketing communications may be declined at any time by using the unsubscribe mechanism provided or by writing to us; service, safety and project communications will continue.

20.2  We may record or monitor telephone calls for training, quality and record-keeping purposes, and will inform you where required by law. Where a recording exists, it may be used to establish what was in fact said.

21.Photography and Site Imagery

21.1  We photograph and document installations for quality assurance, warranty and compliance records. We may use non-identifying images of completed installations in marketing materials. We will not publish your name, street address or any image identifying the interior of your premises without your prior written consent, which you may withdraw at any time in respect of future use.

22.Intellectual Property

22.1  All content on this website — text, graphics, photographs, video, layout, design, code, calculators and compilations — together with our trade marks, logos and trade names, is owned by or licensed to My Energy Bahamas and protected by copyright, trade mark and other intellectual property laws.

22.2  You may view, download and print content for your own non-commercial reference in evaluating our products and services. You may not otherwise copy, reproduce, republish, distribute, adapt, translate, frame, or exploit any content commercially without our prior written consent. Attribution does not substitute for consent.

22.3  System designs, drawings, load studies, engineering calculations and specifications prepared by us remain our intellectual property. They are licensed to you solely for the installation and operation of the System at the premises, and may not be used to procure or construct works by any other party.

23.Third-Party Links and Products

23.1  Links to third-party websites, including utility, regulatory, manufacturer and finance provider sites, are provided for convenience. We do not control, endorse or accept responsibility for their content, accuracy, security or practices, and your use of them is subject to their terms.

23.2  Finance, insurance and third-party services introduced by us are contracted directly between you and the provider on the provider’s terms. We act as introducer only and accept no liability for those services, their availability, their terms, or a provider’s decisions.

24.Privacy and Data Protection

24.1  Our collection and handling of personal information is governed by our Privacy Policy and by the Data Protection (Privacy of Personal Information) Act of The Bahamas and any successor or amending legislation.

24.2  Utility bills, meter data, consumption records and System operating data you provide or that the System generates will be used to design, deliver, service and support your System and to administer warranties, as described in the Privacy Policy.

25.Disclaimer of Website Warranties

25.1  This website and its content are provided “as is” and “as available,” without warranty of any kind, express or implied, including as to accuracy, completeness, currency, fitness for a particular purpose, uninterrupted availability, or freedom from error or malicious code, to the fullest extent permitted by law.

25.2  You are responsible for maintaining your own protection against viruses and malicious code, and for backing up your own data.

26.Limitation of Liability

26.1  The limitations and exclusions in clause 21 of the Performance Estimates & Disclaimer apply to these Terms as if set out here in full, and govern our liability in respect of System performance.

26.2  To the fullest extent permitted by law, we shall have no liability arising from your use of, or inability to use, this website, or from reliance on any content published on it, including any indirect, incidental, special or consequential loss, and including loss of profit, business, goodwill, data or anticipated savings.

26.3  Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited. Where you contract as a consumer, nothing in these Terms affects your non-excludable statutory rights.

27.Indemnity

27.1  You shall indemnify and hold harmless My Energy Bahamas, its officers, employees, agents and subcontractors against all claims, demands, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: your breach of these Terms; your breach of the warranties in clauses 11.3 and 11.4; information supplied by you that was inaccurate, incomplete or misleading; unauthorised modification of or interference with the System; and any claim by a third party arising from your use of the System.

28.Force Majeure

28.1  Clause 20 of the Performance Estimates & Disclaimer applies to these Terms as if set out here in full.

29.Governing Law and Disputes

29.1  These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes and claims) are governed by and construed in accordance with the laws of The Commonwealth of The Bahamas.

29.2  Any dispute arising out of or in connection with these Terms or any Agreement shall be resolved by arbitration seated in Nassau, New Providence, The Bahamas, under the Arbitration Act, 2009 of The Commonwealth of The Bahamas, on the terms set out in clauses 22.2 to 22.7 of the Performance Estimates & Disclaimer, which apply to these Terms as if set out here in full. Those terms include a good-faith resolution period before arbitration may be commenced, and preserve each party’s right to seek injunctive relief, to recover undisputed sums summarily, and (where available to a consumer) to elect a magistrate’s or small-claims court instead.

30.Changes, Assignment and General

30.1  We may amend these Terms at any time. The current version and its effective date appear at the head of this page. Amendments take effect on publication and apply to use of the website from that date, but do not retrospectively alter an Agreement already executed; the version in force at execution applies to that Agreement.

30.2  You may not assign or transfer your rights or obligations without our prior written consent. We may assign, novate or subcontract ours, provided that subcontracting does not relieve us of responsibility for the work.

30.3  If any provision is held invalid, unlawful or unenforceable, it shall be severed or read down to the minimum extent necessary and the remainder shall continue in full force.

30.4  No failure or delay in exercising a right is a waiver of it, and no waiver is effective unless in writing signed by an authorised officer.

30.5  These Terms, together with the Performance Estimates & Disclaimer, the Privacy Policy and any Agreement you have signed, constitute the entire agreement between us and supersede all prior representations, understandings and arrangements, whether written or oral.

30.6  Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.”