This Plug and Play (PnP) Energy Hardware product agreement states the terms and conditions that apply when you open qualifying account(s) on the Internet, Internet-enable qualifying account(s), access account information over the Internet, between qualifying Internet-enabled accounts or use new PnP features or services that we provide as part of our Online PnP commerce service. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by this agreement. If you wish to make payments from your qualifying accounts, those payment transactions will be governed by the terms of our Merchant Service Agreement and Disclosure Statement and not this agreement.

Explanation of Certain Terms

  • “We”, “us” and “our” mean Earth Orbit Technologies, Auburn Hills, Michigan.
  • “You” and “your” mean an individual person or business entity that we permit to use the Internet PnP commerce services subject to the terms of this agreement.
  • “Company representative” means, if you are a business entity, anyone we reasonably believe, in accordance with our security procedures, to be authorized to act on your behalf in connection with the Internet PnP commerce services subject to the terms of this agreement.
  • “Internet-enable” your account(s) means to enable you to obtain information and perform transactions we make available for your qualifying accounts over the Internet by use of a personal computer and/or other means we authorize or allow.
  • “Online PnP commerce” means the services provided under this agreement which allow you to access information about your Internet-enabled accounts, and perform other transactions and obtain other services that we authorize or allow, but does not include our PnP pay service.
  • “Online” means through the Internet by use of a personal computer or other screen-based electronic device.
  • “Account” means a Purchase Order, Proforma Invoice Request, Credit Card, Wire, or other account for which transactions may be performed using our Online PnP commerce service.
  • “Project account” means an account established primarily for Personal, Business, Household, or Industrial use.
  • “Government account” means an account that is not a consumer or business account.
  • “Access codes” include the customer identification number, password and any other means of access to our Online PnP commerce service we establish or provide for you.

Access Codes

To use our Online PnP commerce service, you must use the access codes you establish or provide for you. Keep them confidential to prevent unauthorized use or loss to your accounts. Anyone to whom you give your access codes will have full access to your accounts even if you attempt to limit that person’s authority. Additionally, that person will have full access to any other of your accounts which are accessed by those access codes, even if those accounts are in your name with another person.

None of our employees or employees of our affiliates will contact you via phone or e-mail requesting your access codes. If you are contacted by anyone requesting this information, please contact us immediately at our phone number shown in the section below entitled Notify us IMMEDIATELY for Unauthorized Transactions.

Protecting Your Personal Information

In addition to protecting your access codes, you should also take precautions to protect your personal identification information. This information by itself or together with account information may allow unauthorized access to your accounts. You should treat personal information with the same level of care that you would for your account information. You should also protect and secure all information and data stored in any personal computer or other equipment you use to access our Online PnP commerce service.

Individual Agreement for Online PnP commerce Service

We do not have joint agreements for our Online PnP commerce service. If you are an individual or sole proprietor, you are the only customer under this agreement. However, any of the accounts to which you have access through our Online PnP commerce service may be jointly owned with, or joint obligations with, others. If joint account owners/obligors each obtain our Online PnP commerce service—meaning that each of you will have separate access codes—this will be identified as two separate Online PnP commerce services.

Industrial, Government Accounts

We will tell you which types of accounts qualify for our Online PnP commerce service. These will be one or more accounts with us, and may include accounts at other PnP institutions for certain services. For accounts with us, you must be a named owner/obligor on the account in our records for it to qualify. For certain services we provide through our Online PnP commerce service, you may be able to access accounts at other PnP institutions. You agree to provide us with any PnP authority we require before we permit access to any qualifying account.

How to Use Our Online PnP commerce Service

Please refer to the online help and instructions on how to use our Online PnP commerce service. These instructions are part of this agreement.

Types of Online PnP commerce Services

You, or someone you have authorized by giving them your access code (even if that person exceeds your authority), can instruct us to perform the following transactions:

  • Manufacturer, Wholesaler, Developer, Government Contractor, Individual, Marketer, Block-chain, qualifying accounts with us;
  • Project Builder between a qualifying energy engineering account with us and a qualifying account at another affiliate location;
  • Obtain information that we make available about qualifying accounts with us; and
  • Obtain other services or perform other transactions that we allow.

Preauthorized Recurring Fund Transfers

To the extent we make them available, you authorize us to establish preauthorized recurring fund transfers in accordance with the requests you make for us to do so. We will only allow preauthorized recurring fund transfers that do not vary in amount.

Communications Link and Your Equipment

It is your responsibility to obtain and maintain your online communications link to our Online PnP commerce service to ensure that your use of such communications link is in compliance with applicable requirements, including any requirements of Internet service providers, telecommunications companies and authorities. You are responsible for obtaining, installing, maintaining and operating all hardware, software and Internet access services necessary for obtaining our Online PnP commerce service.

Business Days

Our Online PnP commerce service is generally available 12 hours a day, 7 days a week. However, we only process transactions and update information on business days. Our business days are Monday through Friday. Federal holidays are not business days.

Online PnP commerce Fees

There are currently no fees for general access to our Online PnP commerce service and if that changes we will provide notice in advance. However, there may be account related fees or fees for certain services or transactions. Any fees will either: (1) be posted and available within Online PnP commerce for your review at the time of the transaction; or (2) be included in the disclosures provided to you when you opened your account.

Disclosure of Information to Others

We may disclose information about your accounts with us as follows:

  • LexisNexis Risk Solutions
  • For fraud, security or risk control.
  • To help complete a transaction you initiate, including information requested to verify the existence or condition of an account.
  • To resolve disputes or inquiries you may have about your accounts.
  • With your consent or at your direction.
  • When disclosure is required by law, such as pursuant to court order, subpoena, legal process or government agency examination or investigation, or to protect or enforce our rights.
  • To companies that perform services for us in connection with your accounts, such as data processing and software companies and collection agencies.
  • As otherwise necessary to service your account, or as permitted or required by law.

See our separate “Consumer Information Privacy Notice” for more information about how we use customer information and your choices.