Terms of Use

Last updated on: 18 June 2018

The Solar O&M Best Practices Mark (the “Mark”) is a self-certification-based mark (label) aimed at creating more transparency in the market and allowing leading companies to demonstrate excellence in Operation and Maintenance (O&M) service provision for solar photovoltaic power plants. Based on the SolarPower Europe O&M Best Practices Guidelines, the Solar O&M Best Practices Mark has been created by SolarPower Europe to promote solar O&M best practices in the world.

SolarPower Europe, an international non-profit association with a principal place of business in 1040 Brussels (Belgium), Rue d’Arlon 69-71B and corporation number 0427.557.687 (“SolarPower Europe“), makes information and services available on this website (“the Site“), subject to the following terms and conditions. Please read these Terms of Use, together with Solar O&M Best Practices Mark’s Privacy Statement (“Privacy Statement,” a copy of which may be found at [http://www.solarmaintenancemark.com/privacy-policy/], and the Checklist Users’ Manual (“Manual“, a copy of which may be found at [http://www.solarmaintenancemark.com/documentation/], which are hereby incorporated by reference as if fully set forth herein) (collectively the “Terms”), fully and carefully before accessing or using www.solarmaintenancemark.com. The Terms set forth the legally binding terms and conditions governing your access to and use of the Service.

The Solar O&M Best Practices Mark Platform is owned and maintained by SolarPower Europe. The O&M Best Practices Mark Platform is a website hosted at www.solarmaintenancemark.com allowing O&M Service Providers to adhere to the Solar O&M Best Practices Mark. Adherents will register and create an account on the Platform and by registering be able to access various resources such as the Solar O&M Best Practices Mark Communications Toolkit.

These Terms are binding upon any use of the Site and Services. If you do not agree to these terms of use, please immediately stop using the Site.

1. DEFINITIONS

Adherents” of the Mark are O&M Service Providers that have fulfilled the “Requirements of the Solar O&M Best Practices Mark” and proved so via the “self-certification” process described below, signed the “Solar O&M Best Practices Declaration”, registered on the “Solar O&M Best Practices Mark Platform”, paid the registration fee if applicable and “use the Solar O&M Best Practices Mark”.

“Checklist” is an Excel tool that calculates automatically the O&M Service Provider’s score based on its responses and determines whether the O&M Service Provider complies with the Requirements of the Mark or not.

Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“O&M Service Provider” means a company or organization that is in charge of the Operation and Maintenance of the solar photovoltaic power plant. In some cases, this role can be subdivided into technical asset management, operations service provider and maintenance service provider, with these three roles often assumed by a single entity.

“Requirements of the Mark” are the requirements listed in the Checklist.

“Solar O&M Best Practices Mark” (“Mark”) is a self-certification-based label to promote transparency and excellence in the solar O&M space.

“Solar O&M Best Practices Mark Platform” (“Platform”) is the website hosted at www.solarmaintenancemark.com allowing O&M Service Providers to adhere to the Mark.

SolarPower Europe”, “we” or “us” means SolarPower Europe as stated above and all current and future global subsidiaries, affiliates, and/or successors of SolarPower Europe.

Subscriber” means the O&M Service Provider who registers to use the Site.

Subscriber data” means any information relating to the Subscriber.

2. ADHERENT’S OBLIGATIONS AND RESPONSIBILITIES

a. Adherence to the SolarPower Europe O&M Best Practices Guidelines, Declaration and Mark

The Company is only eligible to adhere to the Solar O&M Best Practices Mark if it is an O&M Service Provider.

Adherence to the Solar O&M Best Practices Mark means the Company has fulfilled the “Requirements of the Solar O&M Best Practices Mark” and proved so via the “self-certification” process described below, signed the “Solar O&M Best Practices Declaration”, registered on the “O&M Best Practices Platform”, paid the registration fee if applicable and “uses the O&M Best Practices Mark”.

Adherence to the SolarPower Europe Operation and Maintenance (O&M) Best Practices Guidelines and to the Solar O&M Best Practices Mark is voluntary and the Company is responsible for self-certifying that requirements of the O&M Best Practices Mark have been fulfilled by the Company.

Adherence to the SolarPower Europe O&M Best Practices Guidelines, the Solar O&M Best Practices Declaration and the Mark is not equivalent to a membership in SolarPower Europe and does not entitle the Company to any SolarPower Europe membership benefits.

SolarPower Europe reserves the right to withdraw the rights to use the Solar O&M Best Practices Mark and to delete adherents from the O&M Best Practices Mark list of adherents without justification and without refund.

b. Registration

By registering on the Platform, You, just as if You had done so in writing, (i) acknowledge that You have read and understood the Terms, (ii) represent and warrant that You have the authority to enter into these Terms on behalf of the Company for whom You are accessing or using the Services.

The Company fills in the Solar O&M Best Practices Mark Checklist to determine whether the Company fulfils the Requirements of the Mark and puts together the Technical Dossier to prove such. If the Company fulfills the Requirements of the Mark, then the Company is entitled to adhere to the Mark.

The Solar O&M Best Practices Mark Checklist is an Excel tool that will automatically determine on the basis of the responses provided by the Company whether or not the Company fulfills the Requirements of the Mark. The Checklist can be downloaded from the Site without Adherence to the Mark.

To determine whether the Company complies with the Requirements of the O&M Best Practices Mark, the Company fills in the Solar O&M Best Practices Mark Checklist, according to the Users’ Manual in the Checklist, by selecting one of the following possible answers to each of the Checklist elements:

  • Fully fulfilled (fully in compliance with the respective requirement)
  • Partly fulfilled (partly in compliance with the respective requirement)
  • Not fulfilled (not in compliance with the respective requirement)

The Company may update their Checklist from time to time in relation to modifications, improvement and developments within the Company.

To comply, the Company must reach minimum 80 out of the possible maximum 100 points that can be achieved in the Checklist. The detailed Requirements are listed in the O&M Best Practices Mark Checklist, which can be freely downloaded from the O&M Best Practices Mark website. The Requirements are weighed differently according to their relative importance. The Requirements are based on SolarPower Europe’s O&M Best Practices Guidelines.

The Company will also have to put together a Technical Dossier to substantiate the checklist. The documents necessary for the Technical Dossier are listed in the Checklist.

As the Mark is based on self-certification, the Adherent bears sole responsibility for ensuring compliance with the Requirements of the O&M Best Practices Mark. The checklist and the technical dossier filled in by the Adherent will not be verified by SolarPower Europe nor be published on the O&M Best Practices Mark Platform.

SolarPower Europe has the right to revoke this Mark at any time if the Adherent does not comply with the Terms.

c. Registration and Adherence Fee

The registration at the Mark Platform is free of charge for Companies that are a member of SolarPower Europe at the time of the registration. The registration entails an annual adherence fee of €800 plus VAT for Companies that are not a member of SolarPower Europe at the time of the registration. Without registering at the Platform, the Company is not entitled to use the Solar O&M Best Practices Mark in any way.

d. Usage of the Mark

In its use of the Mark the Adherent shall:

  • use the Mark only in a form, style and size authorized in writing by SolarPower Europe (as described in these Terms);
  • not use the Mark in any way which would tend to allow the Marks to become generic, lose their distinctiveness, become liable to mislead the public, or be detrimental to or inconsistent with the good name, goodwill, reputation and image of SolarPower.

The adherence to the Solar O&M Best Practices Mark entitles the Adherent to display the Solar O&M Best Practices Mark in/on:

  • websites,
  • social media channels,
  • email signatures,
  • printed and electronic publications such as report and flyers,
  • offices,
  • other facilities,
  • vehicles,
  • photovoltaic power plants operated by the Adherent,
  • equipment used in photovoltaic power plants.

When displayed on online media such as the Adherent’s website, the O&M Best Practices Mark must always be linked to the Solar O&M Best Practices Platform’s URL www.solarmaintenancemark.com.

The Adherent must always use the logo with the most recent year of reference. The logo is updated annually together with the Checklist by the SolarPower Europe O&M Task Force on an annual basis. The Adherent will receive email notifications whenever a new version of the logo and the Checklist is available with a deadline to update the Adherent’s Checklist and logo. Once the deadline is over, the Adherent must stop using the outdated old logo and Checklist (that correspond to outdated “best practices”) and remove it from their website. The Adherent may not “collect” the logos, i.e. the Adherent may not display several logos with several years of reference. Only the most up-to-date logo can be used if the Adherent complies with the requirements.

When displayed on physical media such as printed publications or vehicles, the variant of the Solar O&M Best Practices Mark must be used that contains the URL www.solarmaintenancemark.com.

e. Additional obligations of the Adherent

The Adherent will make available its completed Solar O&M Best Practices Mark Checklist and technical dossier to interested third parties upon request. The Adherent has the right to request to sign a Non-Disclosure Agreement (NDA) with such interested third parties before sharing the Checklist and the Technical Dossier.

The Adherent undertakes to maintain its compliance with the Requirements of the Mark. If the Adherent ceases complying with the Requirements in the course of the subscription period, the Adherent must cease using the Solar O&M Best Practices Mark and cancel its subscription on the Solar O&M Best Practices Mark Platform.

The Adherent undertakes to disseminate SolarPower Europe’s O&M Best Practices Guidelines within the Adherent’s organisation and in particular to the technical staff in charge if O&M activities.

The Adherent commits to implement the non-fulfilled Requirements of the Mark in its own procedures and services to the extent possible.

3. OBLIGATIONS OF SOLARPOWER EUROPE

SolarPower Europe shall, once the Company has registered on the Solar O&M Best Practices Mark Platform:

  • make available to the Adherent in electronic format the Solar O&M Best Practices Communications Toolkit including the high-resolution graphic version of the Solar O&M Best Practices Mark;
  • make available to the Adherent in electronic format the high-resolution print version of the O&M Best Practices Guidelines;
  • publish the Adherent ‘s name, logo, webpage address and contact email in the O&M Best Practices Mark Platform Companies Directory (http://www.solarmaintenancemark.com/companies/);
  • publish the Adherent ‘s name in an edition of the SolarPower Europe monthly newsletter;
  • if the Adherent is a member of SolarPower Europe, the Adherent’s logo will be displayed in the “logo carousel” on the main page of the Platform.

4. INTELLECTUAL PROPERTY RIGHTS

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not delete any copyright notice from any material printed or downloaded.

You must not use any material downloaded, printed or accessed from our site for commercial purposes, unless it is required to attach the Checklist or (some parts of) the Technical Dossier in an O&M Contract or another agreement. You agree that SolarPower Europe shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page or attempt to bypass any payment or log on screens.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact admin@solarmaintenancemark.com.

5. RELIANCE ON INFORMATION POSTED

Whilst we use reasonable endeavors to provide up to date and relevant materials, the commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. They may not reflect recent changes in the law and are not intended to constitute a definitive or complete statement of the law. You may use them to stay up to date with legal developments but you should not use them for transactions or legal advice and you should carry out your own research. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

6. SOLARPOWER EUROPE’S LIABILITY

The SolarPower Europe O&M Best Practices Guidelines and the Solar O&M Best Practices Mark do not constitute technical, investment, legal, tax or any other advice. The SolarPower Europe O&M Best Practices Guidelines and the Solar O&M Best Practices Mark are based on sources believed to be accurate, however, SolarPower Europe does not warrant the accuracy or completeness of any information contained in this report and SolarPower Europe assumes no obligation to update any information contained herein. The Company shall not hold SolarPower Europe liable for any direct or indirect damage incurred by the use of the information provided and will not sue for any indemnities.

As the Mark is based on self-certification, the Company bears sole responsibility for ensuring compliance with the Requirements of the O&M Best Practices Mark. The checklist and the technical dossier filled in by the Company will not be verified by SolarPower Europe nor be published on the O&M Best Practices Mark Platform. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. In particular the material displayed on our site www.solarpowereurope.org as well as the Mark Platform www.solarmaintenancemark.com is provided without any guarantees, conditions or warranties as to its accuracy.

We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • content supplied by third parties;
  • use of or reliance on any content displayed on our site or in any Publication in particular the use of any content in the course of giving legal advice or drafting transaction documents.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, you agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

7. PRIVACY AND DATA PROTECTION

We process information about you in accordance with our privacy statement. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

8. TERMINATION

SolarPower Europe  reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms or due to any illegal or inappropriate use of the Site or services. Violation of SolarPower Europe’s Terms may get your account disabled permanently. Users with disabled accounts will not be able to use the Services.

Users who have violated our Terms and had their account disabled may contact admin@solarpowereurope.org for more information surrounding the violation and status of the account.

Accrued Rights: Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

a) remain liable for any accrued charges and amounts which become due for payment before or after termination;

b) remain obligated to refrain from any actions prohibited by the Terms that survive termination; and

c) immediately cease to use the Services

9. CHANGES

SolarPower Europe reserves the right to change these Terms and provide you with notice of such change by posting the revised draft of the Terms on the Site or by other reasonable means selected by us. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Your continued use of the Site after such changes will indicate your acceptance of such changes.

10. CHOICE OF LAW

You agree that any dispute in connection with the Website, this Agreement or the Privacy Statement will be governed by Belgian Law. You also consent to the adjudication of any disputes arising in connection with the Website and Product located in Belgium.

11. YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact  admin@solarmaintenancemark.com.