Terms & Conditions
Carbon Solutions Group, LLC(“http://srec.carbonsolutionsgroup.com”) owns and operate this Website. This document governs your relationship with http://srec.carbonsolutionsgroup.com(“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Carbon Solutions Group is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Carbon Solutions Group may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from August 15, 2014.
What we collect
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
- We may use the information to customize the website according to your interests.
- We may provide your information to our third party partners for marketing or promotional purposes.
- We will never sell your information.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and http://srec.carbonsolutionsgroup.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of http://srec.carbonsolutionsgroup.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by http://srec.carbonsolutionsgroup.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
(a) Our Contract
Terms and Conditions
By confirming a trade you are accepting to sell Solar Renewable Energy Certificates on and subject to the following terms and conditions. All trades are subject to acceptance by Carbon Solutions Group and receipt of confirmation by seller. In order to contract with Carbon Solutions Group you must be over 18 years of age and possess a valid U.S. bank account or Paypal account acceptable to us. Carbon Solutions Group retains the right to refuse any trade. If your trade is accepted we will inform you by email.
- Renewable Energy Certificate Contract Price. Seller has agreed to the Unit Contract Price for Renewable Energy Certificates as defined in the Unit Contract Price confirmation email sent to Seller. Seller will sell to Carbon Solutions Group at the Unit Contract Price for all Solar Renewable Energy Certificates purchased from the Project.Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the trade price of any of the Solar Renewable Energy Certificates quote prices on our website, we will inform you of this as soon as possible and give you the option of reconfirming your trade at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled.
- Contract Quantity. Carbon Solutions Group has determined the Contract Quantity for Solar Renewable Energy Certificates produced by the Seller as defined in the confirmation email. For the term of this Agreement, Seller shall sell and deliver and Buyer shall receive the Solar Renewable Energy Certificates created by the Project as defined in the confirmation email sent by Carbon Solutions Group.
- Payment and Delivery Schedule. Buyer has agreed to pay the amount specified in the confirmation email within five (5) business day upon receipt of Solar Renewable Energy Certificates in buyers account. Buyer shall transfer funds to seller by Paypal within within five (5) days of receipt of SRECS from seller.
- Confidential Information. It may be necessary for each Party to provide the other Party information necessary to permit performance of their respective obligations hereunder. The Parties agree that all information including cost estimates, financial and other information provided by the other Party, will be held in strict confidence, and upon the expiration or earlier termination of this Agreement, the Parties and their respective officers, employees, agents, advisors and representatives, will continue to hold such information in confidence and will promptly return to the other all documents provided by the other Party. The Parties obligation to treat such information confidential shall terminate at the expiration of three (3) years from the termination of this Agreement. Nothing in this Agreement shall limit either Party’s use or disclosure of information which:
A) Is now generally known or available on an unrestricted basis to the public or becomes so known or available on an unrestricted basis through no fault of the receiving Party, or
B) Is already in the receiving Party’s possession without restriction as to its use or disclosure prior to its receipt from the disclosing Party, or
C) Is acquired by the receiving Party on an unrestricted basis from any third Party, provided that the receiving Party does not know or have reason to know, or is not informed subsequent to disclosure by such third Party and prior to disclosure by the disclosing Party, that such information was acquired under an obligation of confidentiality, or
D) Information that was developed by or for the receiving Party independently of and without reference to the information of the disclosing Party.
- Independent Contractor. The Parties agree that they are independent contractors for the purpose and activities undertaken in accordance with or as contemplated in this Agreement, and that no Party will be considered or permitted to be an agent, servant, joint venturer or partner of any other Party. It is expressly understood and agreed that neither Party has any right or authority to directly or indirectly incur any obligation or responsibilities on behalf of the other Party or commit the other Party to any matter or understanding or make any warranties or representations with respect to the Project, without the other Party’s prior written consent.
- Limitation of Liability. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. WITHOUT PREJUDICE TO ANY INDEMNITY UNDER PARAGRAPH 9, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR UNDER CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. NOTHING IN THE FOREGOING SHALL BE CONSTRUED TO LIMIT ANY LEGAL, EQUITABLE OR STATUTORY RIGHTS OF SETOFF OR ANY RIGHTS UNDER ANY PERFORMANCE ASSURANCE, OR TO PROHIBIT ANY ACTION TO ENFORCE ANY REMEDY PROVIDED UNDER THIS AGREEMENT. IT IS UNDERSTOOD AND AGREED THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES EACH PARTY WILL PROVIDE PURSUANT TO THIS AGREEMENT.
- Renewable Energy Certificates, Credits, and Energy & Environmental Attributes; Indemnity. Title to and ownership of RECs purchased under this Agreement shall pass from Seller to Buyer on the Delivery Date specified in Table 1, which shall be evidenced by the delivery of an Attestation substantially in the form attached hereto as Exhibit 1. Each Party hereby indemnifies, defends and holds harmless the other Party from and against any claims or demands made by others relating to the RECs first occurring or existing during the period when control and title to the RECs is vested in the indemnifying Party as provided herein, except to the extent arising from the indemnified Party’s own gross negligence or willful misconduct. Each Party hereby further indemnifies, defends and holds harmless the other Party from and against any Taxes for which the indemnifying Party is responsible under this Agreement.
- Governing Law. This Agreement shall be governed by, subject to, and construed in all respects in accordance with the laws of the State of Illinois, without giving effect to any conflict or choice of law provision that would result in the imposition of another state’s law; provided, however, that the internal laws of the state establishing the RECs stated to be in compliance with an Applicable Standard governed by the laws of such state will govern with respect to such compliance. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
- Duplicate Originals. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement. This Agreement may be executed and delivered by facsimile or email. Any facsimile or email signatures shall have the same legal effect as manual signatures.
- Cooperation on Delivery; Review of Records. Upon either Party’s receipt of notice from an Administrator that the transfer of RECs pursuant to a Transaction will not be recognized or Product Delivery was not made as required pursuant to the terms of a Transaction, that Party will taking such action as are necessary and commercially reasonable immediately so notify the other Party, providing a copy of such notice, and both Parties will cooperate in to cause such transfer to be recognized and Product Delivered.
Each Party agrees to provide copies of its records to the extent reasonably necessary for the Verification Provider or Certification Authority to perform the functions designated on the Product Order, and to verify the accuracy of any fact, statement, charge or computation made pursuant hereto if requested by the other Party. If any fact, statement, charge or computation contained any inaccuracy, the necessary adjustments and any resulting payments will be made promptly and the payments will bear interest at the prime lending rate of interest from the date the overpayment or underpayment was made until paid.
Also, upon the buyers request the administrator of the other party shall cooperate in the process for registering in or maintaining registration in the REC programs for which the facility may qualify.
If Seller is not the owner or operator of the Renewable Energy Facility that generated the entire Product in a Transaction, Seller will cooperate with CSG in any efforts to review the records of the original Seller of such Product. If Seller is the owner or operator of the Renewable Energy Facility that generated any portion of the Product in a Transaction, it consents to CSG’s assignment of rights under this Section to any subsequent purchaser of such Product.
- Further Assurances. The Parties agree to perform all such acts and agree to execute and deliver promptly any and all other and further instruments documents and information, which a Party may reasonably request and as may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.
- Entire Agreement. This Agreement contains the entire agreement of the Parties and there are no oral or written representations, understandings or agreements between the Parties respecting the subject matter of this Agreement which are not expressed herein.
When you place a trade, you will receive an acknowledgement e-mail confirming receipt of your trade: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law http://srec.carbonsolutionsgroup.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect http://srec.carbonsolutionsgroup.com‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
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, but 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 from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with http://srec.carbonsolutionsgroup.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to http://srec.carbonsolutionsgroup.com.
You agree to indemnify, defend and hold harmless http://srec.carbonsolutionsgroup.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
http://srec.carbonsolutionsgroup.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and http://srec.carbonsolutionsgroup.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of http://srec.carbonsolutionsgroup.com.