Community Solar Agency Agreement
Last updated on 12/06/19
Plain Language Summary: This Agency Agreement authorizes Arcadia to act on your behalf to enroll you in a community solar program if one is available in your area, including the authority to act as your agent to sign subscription agreements and other documents on your behalf. You can terminate this authorization at any time.
This Community Solar Agency Agreement (“Agency Agreement”) explains how we act on your behalf through our “Community Solar” service to sign you up for community solar and reduce the overall costs of your utility bill through automatic monitoring and enrollment. This Agency Agreement reflects a binding legal contract between you and Arcadia. It is important that you read this Agency Agreement carefully because if you sign up with us, you consent to the practices we describe below including authorizing us to sign legal documents for you and act on your behalf. If you do not agree to the practices described, you may not sign up for Arcadia.
b. If at any time you do not consent to this Agency Agreement, you must immediately terminate your use of the Services. Arcadia reserves the right to modify any features of the Services at any time at its sole discretion. Arcadia will notify you of any significant changes to our prices, terms, and conditions, however, you are expected to check the Arcadia website frequently so you are aware of any changes. Any changes will be effective immediately.
c. In some states, existing or planned community solar projects generate “bill credits” that can be purchased by customers. In those states, the bill credits can reduce or eliminate the utility bills, or the supply charges on the utility bills, of customers who subscribe to a community solar project. Arcadia enters into agreements with Solar Developers and, as part of these agreements, Arcadia commits to find subscribers to those projects who are eligible to receive the bill credits.
d. This Agency Agreement allows Arcadia to sign a subscriber agreement for a community solar project on your behalf if you are eligible so that you can acquire bill credits that will reduce your utility bill. A sample subscriber agreement is available here. However, your specific subscriber agreement may differ from these and will be provided to you as described below.
2. Community Solar Agency Agreement
a. You authorize Arcadia to act as your agent to identify opportunities for you to participate as a subscriber in a community solar project in your area. Arcadia may not be able to perform this activity for every User or in every jurisdiction, and we reserve the right to perform this activity at our sole discretion.
b. Arcadia does not commit to surveying all opportunities available to you or identifying the most economically advantageous opportunity for you. Arcadia typically has preexisting relationships with one or more Solar Developers that will provide these opportunities.
c. You authorize Arcadia to act as your agent to receive marketing and other promotional materials from these developers on your behalf.
d. Arcadia only works with solar developers that permit subscribers to cancel their subscription at any time with no fee. Because the bill credits generated under the subscriber agreement reduce your utility bill, Arcadia guarantees that any subscriber agreement that it identifies for you will charge you less than you would have otherwise paid to your utility, although Arcadia does not guarantee any specific reduction.
e. If Arcadia identifies such an offer for you, it will communicate that offer to you by email at the email address Arcadia has on file for your Account, or online via your Arcadia dashboard. You will always have the opportunity to opt-out of the offer. That offer will include a copy of the subscriber agreement that Arcadia intends to sign on your behalf.
f. You authorize Arcadia to act as your agent for the purpose of signing the agreement that was provided to you by email in your name if you do not opt-out of the offer within the time period provided.
g. In certain states, community solar developers are required to provide subscribers specific information relating to their project and subscription through form disclosures. If applicable, a copy of the form applicable to your state is available here for your review. If you are located in one of these states, a completed copy of this form will be provided to you contemporaneously with the subscriber agreement. If you do not opt out of the subscription, you authorize Arcadia to act as your agent for the purpose of signing the form that was provided to you by email. You also authorize Arcadia to provide this signed form to others as your agent.
h. You agree that Arcadia may sign such contracts, agreements, and forms on your behalf with the signature “[USER FIRST NAME LAST NAME] BY ARCADIA (LOA)” or similar language. You authorize Arcadia to act as your agent in signing such contracts or agreements, and you agree that such contracts or agreements will have the same legal effect as if you had signed them yourself.
i. You grant Arcadia your explicit, informed, and affirmative consent to take these steps as your agent and enroll you to a subscriber agreement, and you authorize Arcadia to convey that explicit, informed, and affirmative consent to a solar developer on your behalf. If you fail to opt-out, you understand and agree that any such subscription will occur automatically without your additional consent.
j. You understand that Arcadia typically receives compensation from developers of community solar projects for subscribing and attempting to subscribe customers. You consent to this material benefit from a third-party provided to your agent if you are subscribed to a project.
k. You understand that any subscription agreement that Arcadia enters into on your behalf may not offset the total amount of your utility bill and you will remain responsible for any portion of your utility bill that is not offset by the community solar credits.
l. You understand that the Solar Developer may alter the allocation of the bill credits among subscribers at any time and any change in the allocation may decrease the total reduction in the amount of your overall bill. If your consent is required to agree to such a change, you agree to permit Arcadia to act as your agent in providing the consent required. However, Arcadia guarantees that you will never pay for credits that you do not receive and your allocation of bill credits will never be altered in such a manner as to provide allocated credits that exceed your total estimated annual energy bill.
m. There is no direct cost to you for this Service, and you may cancel at any time by calling 866-526-0083 or contacting us online at firstname.lastname@example.org. If you cancel, we will promptly notify the Solar Developer on your behalf and they will inform your utility to cease to allocate the community solar bill credits to your account. You will be responsible for paying for any bill credits that you receive that reduce your utility bill during the time it takes to process the cancellation.
n. You understand that Arcadia will not subscribe you to a community solar project if you are already subscribed to a project. If you independently subscribe to a project after we have subscribed you to a project, we may, in our sole discretion, cancel the community solar subscription through Arcadia.
p. You will receive any notifications about potential changes to your subscription agreements to the email address Arcadia has on file for your Account. You will also be able to view the status and history of your subscriber agreements by viewing past billing information in your Utility Account or as otherwise presented to you by Arcadia.
3. Arcadia is Not Your Utility or Solar Developer
a. Arcadia does not supply, transmit, or distribute electricity or natural gas and is not affiliated or endorsed by any Utility or Solar Developer. By using Arcadia’s Services, you acknowledge and agree that Arcadia is acting only as your agent and is not a party to any transaction between you and your Utility or Solar Developer. Accordingly, Arcadia assumes no responsibility and will have no liability of any kind whatsoever in respect to your dealings with your Utility or Solar Developer including with regards to electric or natural gas delivery, payments, notices, and the proper and timely delivery of goods or services by your Utility or Solar Developer.
b. Arcadia in no way endorses, recommends, and/or bears any responsibility or liability for any products, services, statements, made by your Utility or Solar Developer. Statements and opinions of your Utility or Solar Developer are not representations of Arcadia or its business partners.
c. Arcadia is not liable for the accuracy of your Utility bill, charges, or statement, including your metering. Any discrepancies or disputes regarding the accuracy of your Utility Statement must be addressed with your Utility or Solar Developer directly. You understand and agree that any Utility Statement provided to you through the Services may be delayed or prevented by a variety of factors.
d. We use commercially reasonable efforts to provide Statements in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any Statement. You also agree that Arcadia will not be liable for any delays, failure to deliver, or misdirected delivery of any Statement; for any errors in the content of a Statement; or for any actions taken or not taken by your or any third party in reliance on a Statement.
e. Arcadia assumes no responsibility, and will not be liable, for your failure to take any action or inaction with respect to your Utility Account(s) or your failure to receive any information with respect to any Utility Account(s). You agree to hold Arcadia harmless should your Utility fail to deliver your Utility Statement(s). You are responsible for ensuring timely payment of all Utility Statements.
f. These Terms do not alter any liability or obligations that currently exist between you and your Utility. You agree that your relationship with your Utility is governed solely by the agreement(s) with your Utility and its filed tariffs.