Sunnova Adaptive Retail Rate Plan Terms and Conditions
These Sunnova Adaptive Retail Plan Terms and Conditions (the “Terms”) between Sunnova and You govern your enrollment into and participation in the Sunnova Adaptive Retail Plan (the “Program”) offered by David Energy Supply (Texas), LLC (“David Energy”) and Sunnova Energy Corporation (“Sunnova”), and available to current Sunnova customers in select areas of Texas. These Terms and Conditions between you and Sunnova should be read in conjunction with the Electric Supply Terms and Conditions between you and David Energy.
The Program is open to David Energy customers who have a Sunnova SunSafe® home solar + battery storage system or Sunnova +SunSafe® add-on battery storage system with a solar lease or loan (each referred to here as a “Customer Agreement”). The Program helps stabilize the local power grid during period of high demand by utilizing energy stored in your battery or energy storage systems (“ESS”).
Sunnova Adaptive Retail Rate Plan Enrollment and Overview
You can enroll in the Program by becoming a David Energy customer and accepting these Terms. The Program is available in selected areas of Texas, based on state utility regulations. If you enroll in the Program, your ESS may be called upon to help relieve pressure by discharging stored power to your home or to the grid, as further described below. You will not be required to take any additional action.
Program participants are eligible to receive virtual power plant (“VPP”) credits (“Credits”) from David Energy. The Credits, if applicable, may be provided to you in the form of quarterly electricity bill credits, gift card(s), or via check(s) made out by David Energy. You agree that your compensation for the use of your ESS and participation in the Program will be the above-stated Credits and you hereby waive any and all claims to further compensation from Sunnova, David Energy or any third party. Sunnova may also receive compensation as a result of your participation in the Program and for its management of your enrollment including, but not limited to compensation for load shifting, capacity, voltage management, or any other use of the ESS energy within the parameters defined above. More information about the Program can be found at: Sunnova Texas Adaptive Retail website.
Withdrawing From the Program; Transferring to a New Home
You may withdraw participation in the Program at any time by contacting Sunnova at 1-866- SUNNOVA or David Energy at (855) 524-0270 and speaking with a customer service representative. It may take up to thirty (30) days to process your withdrawal. Withdrawal will not affect the other services Sunnova provides to you. By withdrawing, you will be unenrolled from the Program and David Energy will enroll you to their traditional 12 month retail energy plan, as defined in your Terms of Service – Electric Supply Terms & Conditions (the “TOS”) between you and David Energy, and you may also render yourself ineligible to receive any rewards that may have currently accrued but not been paid to you, or further Credits, and you may lose your right to participate in future Sunnova grid service programs.
If you move to a new home, you may transfer your account to your new home with notice to David Energy and Sunnova, as long as your new home is in a de-regulated area of Texas, you are able to remain a customer of David Energy, and you still have the required equipment to participate in the Program at your new home. If not all of these criteria are present at your new home, your participation in the Program will terminate upon your move, and will be subject to the terms of the prior paragraph.
Sunnova’s Program Rights and Obligations
You agree that in order for you to participate in the Program, you will provide Sunnova with the right to remotely monitor, update, control, and cause energy to be consumed, reserved, or discharged from and in the ESS without notice, for the purposes of increasing your energy savings, preparing you for potential grid outage situations and for your participation in third-party programs (including, but not limited to utility or grid programs), or otherwise participating in the management of electricity in your service area.
The rights to remote management and discharge provided herein to Sunnova are exclusive and cannot be granted by you to any additional third-party without Sunnova’s prior written consent. Any such assignment, grant, easement or permission for remote management and discharge by you to a third-party (without Sunnova’s prior written consent) shall terminate your participation in the Program.
Data Authorization Terms
You authorize Sunnova, and to the extent necessary your ESS manufacturer, Tesla, Enphase or Generac, as the case may be in connection with Sunnova, to collect, share, and exchange data related to the ESS, your energy usage and/or the System’s energy production, your electric bill, operational data about the ESS, and your location data, for purposes of registering and including the ESS in the Program. You authorized Sunnova to share your data with David Energy for the purposes of your participation in the Program.
Changes to Program Terms
Sunnova may update these Terms at any time, upon notice to you and/or by posting updated Terms on the Program Site. If you do not agree to the updated Terms, you should withdraw from the Program by following the procedures listed above.
Disputes; Governing Law; Jurisdiction
Disputes. Except as specifically stated herein, you agree that any disputes, actions, and claims relating to your use of the Site or Services and all matters arising out of or related to the Terms (collectively “Disputes” or a “Dispute”) shall be resolved exclusively by final binding arbitration, except that as permitted by the AAA Rules (defined below) you may assert claims in small claims court in Harris County, Texas. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Consumer Arbitration Rules (“AAA Rules”. All of the AAA's rules are available at https://www.adr.org/, and the rules governing consumer disputes are available at https://www.adr.org/consumer. The AAA's rules, including the rules governing consumer disputes, are also available by calling 1-800-778-7879. You may initiate arbitration by utilizing the forms available on www.adr.org. If you have any difficulty initiating arbitration, you may call the AAA at 1-800-778-7879. You and Sunnova are each giving up the right to have disputes resolved in court before a judge and/or jury (except as stated otherwise in this Section). The provisions of this Section 8 constitute your and Sunnova’s written agreement for resolving Disputes, including the agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The most current version of this Dispute Agreement in effect when any Dispute arises shall govern resolution of any Dispute.
Payment of all filing, administration, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA Rules. You agree to commence arbitration only in Harris County, Texas. The arbitration will be before a single arbitrator appointed in accordance with the AAA Rules, without the option for appeal. To the fullest extent permitted by applicable law, the arbitrator shall not have the power to award punitive, special, consequential, exemplary, or indirect damages against any party. To the fullest extent permitted by applicable law, each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails. The arbitrator may only award those damages and relief as a court could and must follow these Terms and this Dispute Agreement.
No Class Action Matters. You and Sunnova each agree that resolution of any Disputes, whether in court or in arbitration, will be conducted and resolved only on an individual basis and not in a class, consolidated, joinder, or representative action, and that any relief awarded, including equitable relief, shall only be awarded on an individual basis.
No Jury Trial; Choice of Law and Forum for Court Proceedings. If for any reason a Dispute proceeds in court, other than for Disputes brought in a small claims court for qualifying claims, you and Sunnova agree: (i) that any such Dispute may only be brought in a state or federal court in Harris County, Texas, to be governed by the FAA, applicable Federal Law, and the laws of the State of Texas, without regard to conflict of law principles; (ii) to further irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts in Harris County, Texas; and, (iii) to waive any right to a trial by jury.
Severability. With the exception of the prohibitions above on Jury Trials, Choice of Law, and Forum, if any part of this section (Disputes) is ruled to be unenforceable for any reason, then the remaining provisions of this section (Disputes) shall remain in force as if any portion ruled unenforceable were not included in. If the provision on Jury Trials, Choice of Law, and Forum is ruled to be unenforceable for any reason, then this section shall no longer be enforceable, but the remainder of this section (Disputes) shall remain in effect.
Governing Law. These Terms will be governed by the laws of the State of Texas, without regard to its conflicts of law principles.
Program Availability; Disclaimer and Limitation of Liability
Program availability may be limited due to changes in Applicable Law. Sunnova will be excused from failures or delays in delivery or performance of the Program, if such failure or delay is attributable to causes beyond our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
SUNNOVA PROVIDES THE PROGRAM ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DOES NOT MAKE ANY REPRESENTATION OR GUARANTEE ABOUT THE RESULTS YOU MAY EXPERIENCE, OR THE CREDITS YOU MAY EARN VIA PARTICIPATING IN IT. CREDITS PAYABLE TO YOU MAY VARY BASED ON MARKET AND WEATHER CONDITIONS, AND ANY PROJECTED ANNUAL COMPENSATION DESCRIBED IN THESE TERMS, ON THE PROGRAM WEBSITE, OR ANY MARKETING MATERIALS ABOUT THE PROGRAM ARE ESTIMATES ONLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUNNOVA’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $50.00.
When you communicate with Sunnova electronically, such as via email and text message, you consent to receive communications from Sunnova electronically. Sunnova will try to promptly respond to all inquiries, but Sunnova is not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that Sunnova provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent related to the Program, your communication is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Program constitutes agreement to the Terms then posted without further action by you.
This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the Parties. In the event of a conflict between these Terms and any other written agreement between you and Sunnova, these Terms control with respect to your participation in the Program only. Sunnova may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them. Headings used in these Terms are for reference purposes only and in no way limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all terms and conditions of these Terms (as reformed) shall remain in full force and effect. Except as expressly set forth in these Terms: (i) no failure or delay by Sunnova to take action with respect to a breach of these Terms by you or others will constitute a waiver and shall not limit Sunnova’s rights, powers, or remedies with respect to such breach or any subsequent breaches, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Effective Date: March 17,2023