Terms of Service

1. Definitions

• "Client" any person or entity purchasing Products or engaging Services from Enercosm.
• "Products" hardware or software items sold by Enercosm (e.g., solar panels, IoT sensors).
• "Services" professional offerings including Energy Solutions and Digital Marketing.
• "Agreement" these Terms together with any quotation, purchase order, or SOW signed by both parties.
• "Deliverables" any tangible outputs provided under this Agreement (reports, installations, campaigns).

2. Scope of Services

Enercosm will perform Services as described in the applicable SOW or proposal. Services may include, but are not limited to:

3. Fees & Payment

• Energy Projects: 50% deposit on award, 30% at midpoint, 20% upon commissioning.
• Marketing Services: Monthly retainer billed in advance; ad spend charged as incurred.
• Invoicing: All invoices due within 15 days of issue. Late payments incur 1.5% monthly interest.
• Taxes: Client is responsible for all applicable taxes, duties, and levies.

4. Delivery, Installation & Acceptance

1. Products: Shipped FCA Bengaluru; risk transfers on shipment. Client arranges import/customs if applicable.
2. Installations: Enercosm will use commercially reasonable efforts to adhere to project schedules; delays due to force majeure or Client causes do not constitute breach.
3. Acceptance Testing: For custom installations or digital deliverables, Client has 7 business days post‑delivery to test and report defects. Unreported items are deemed accepted.

5. Warranty & Returns

• Standard Warranty: Products carry manufacturer and Enercosm’s 1‑year workmanship warranty. Extended warranties available.
• Defective Products: Enercosm will repair or replace at no charge. Client must notify within 30 days of defect discovery.
• Marketing Deliverables: Provided “as is.” Errors in ad placements or reports will be corrected at no extra charge.
• Return Process: Client must obtain an RMA. Products returned without authorization may be refused.

6. Intellectual Property

Except for Customer‑provided materials, Enercosm and its licensors retain all IP rights in software, designs, methodologies, and Deliverables. Upon full payment, Client is granted a non‑exclusive, perpetual license to use custom Deliverables for its business purposes.

Enercosm may showcase non‑confidential Deliverables in its marketing and portfolio.

7. Confidentiality

Both parties shall keep confidential all proprietary information disclosed in connection with this Agreement. Confidential information may only be used for performance under this Agreement and may not be disclosed to third parties without prior written consent.

Obligations survive for 3 years after termination.

8. Limitation of Liability

Neither party shall be liable for indirect, incidental, or consequential damages. Enercosm’s aggregate liability under this Agreement shall not exceed the total fees paid by Client in the 12 months preceding the claim.

9. Termination

• Either party may terminate for material breach if uncured within 30 days of notice.
• Client may terminate marketing services with 30 days’ notice; pro‑rated refunds apply.
• On termination, Client must pay for all work performed to date.

10. Governing Law & Dispute Resolution

This Agreement is governed by Indian law. Disputes shall be resolved by arbitration in Bengaluru under the Arbitration and Conciliation Act, 1996, with the decision final and binding.

11. Amendments

Enercosm may update these Terms at any time. We will notify Clients of material changes; continued use of services or site implies acceptance.