Terms of Service

Aether Energy · 4434 Royal Oak Blvd, San Marcos, TX 78666 · (210) 394-3961 · info@aetherenergy.net
License: TECL #35881

General Terms & Conditions — applies to all quotes, work orders, and invoices. A signed-copy PDF of these terms is available here.

1. Agreement & Scope of Work

These General Terms & Conditions (“Terms”) govern every proposal, quote, estimate, work order, and invoice issued by Aether Energy (“Company,” “we,” “us”) to the customer named on the applicable quote or invoice (“Customer,” “you”). Together with the signed quote, any service-specific terms (including the Solar Service & Repair Terms or EV Charger Installation Terms, as applicable), the Limited Workmanship Warranty, and the Payment Terms, these Terms form the entire agreement (the “Agreement”) between the parties for the work described in the applicable quote (“Work” or “Project”).

The scope of the Project is limited to the work items expressly described in the accepted quote. Any work not specifically listed is excluded and, if requested, will be handled through the Change Order process described in the Change Order document.

2. Quotes, Estimates & Pricing

Written quotes are valid for thirty (30) days from the date issued unless otherwise stated. Pricing is based on site conditions, material costs, and code requirements known to the Company at the time the quote is prepared. Prices are subject to revision if site conditions differ materially from those assumed, if material costs change prior to procurement, or if the scope changes.

Verbal estimates are approximate and are superseded in all respects by the written, signed quote.

3. Customer Responsibilities & Site Access

Customer shall provide the Company and its crews with safe, timely access to the property and work area during scheduled service windows. Customer is responsible for disclosing known hazards, prior repairs, structural defects, or code violations affecting the work area, for securing pets during service visits, and for removing or protecting personal property near the work area.

If access is not available at the scheduled time through no fault of the Company, a trip or rescheduling fee may apply as set out in the applicable quote or invoice.

4. Permits, Inspections & Code Compliance

Unless the quote states otherwise, the Company will obtain permits reasonably required for the Work and will schedule required inspections with the applicable Authority Having Jurisdiction (AHJ). Customer agrees to reasonably cooperate with inspection scheduling. Delays caused by permitting authorities, utility companies, or third-party inspectors are outside the Company’s control and do not constitute a breach of this Agreement.

Work is performed in accordance with the applicable National Electrical Code (NEC), local building codes, and manufacturer installation instructions in effect at the time of installation.

5. Changes to Scope

Any change to the scope, materials, schedule, or price after acceptance of the quote must be documented on a signed Change Order before the additional or revised work begins, except in the case of an emergency safety condition, which the Company may address immediately and document afterward.

6. Right to Cancel (Home Solicitation Sales)

If this Agreement was signed at a location other than the Company’s place of business (for example, at Customer’s residence), Customer may have the right to cancel this Agreement, without penalty, by midnight of the third business day after the date of the transaction, in accordance with the Texas Business & Commerce Code and the federal Cooling-Off Rule (16 C.F.R. Part 429). A separate Notice of Cancellation form, if applicable, will be provided at signing. This section does not apply to Agreements signed at the Company’s place of business or initiated at Customer’s request for immediate service.

7. Property Condition & Pre-Existing Conditions

The Company is not responsible for pre-existing conditions of the property, including but not limited to prior roofing, electrical, structural, or code deficiencies, unless such conditions are directly caused by the Company’s negligence in performing the Work. Where the Work requires penetrating a roof, wall, or other structure, the Company will use industry-standard flashing and sealing methods; however, the Company does not warrant components or structures it did not install.

8. Insurance

The Company carries commercial general liability insurance and, where applicable, workers’ compensation coverage for its employees and subcontractors. Certificates of insurance are available upon written request. Customer is responsible for maintaining adequate homeowner’s or property insurance on the premises.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THE APPLICABLE QUOTE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, LOST UTILITY SAVINGS, OR LOSS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in this Agreement limits liability for gross negligence, willful misconduct, or personal injury or death caused by the Company’s negligence to the extent such limitation is prohibited by Texas law.

10. Indemnification

Customer agrees to indemnify and hold the Company harmless from claims, damages, or expenses arising from Customer’s failure to disclose known hazardous conditions, unauthorized modifications to completed Work performed by third parties, or Customer’s breach of this Agreement. The Company agrees to indemnify Customer for third-party bodily injury or property damage claims directly caused by the Company’s negligent acts or omissions in performing the Work, subject to the limitations above.

11. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including but not limited to severe weather, natural disaster, labor disputes, material or equipment shortages, utility or AHJ delays, acts of government, or other events of force majeure. The affected party’s performance obligations are suspended for the duration of the event, and the schedule will be adjusted accordingly.

12. Photographs & Marketing

The Company may take photographs or videos of the Work (excluding images that identify Customer personally or interior living spaces without consent) for quality control, warranty documentation, and marketing purposes, unless Customer opts out in writing prior to commencement of Work.

13. Dispute Resolution & Governing Law

This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The parties agree that any dispute arising out of this Agreement will first be addressed through good-faith negotiation and, if unresolved within thirty (30) days, may be submitted to mediation before either party pursues litigation. Exclusive venue for any action not resolved through mediation shall lie in the state or federal courts located in the county where the Company’s principal place of business is located.

The prevailing party in any action to enforce this Agreement is entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief awarded.

14. Electronic Signatures & Communications

Customer consents to receive quotes, invoices, change orders, and other communications electronically, and agrees that electronic or digital signatures on documents issued through the Company’s quoting and invoicing platform are valid and binding to the same extent as a handwritten signature, in accordance with the Texas Uniform Electronic Transactions Act.

SMS/Text Messaging. If you have opted in to receive text messages from the Company — on our website service request form, verbally when scheduling by phone, or on a signed work order — we may send you text messages about your service request, appointment scheduling and reminders, technician dispatch and arrival, and follow-up on your job. Consent to receive text messages is not a condition of any purchase or service. Message frequency varies. Message and data rates may apply. Reply STOP to any message to opt out, or HELP for assistance. Mobile opt-in data and consent are never shared with or sold to third parties. See our Privacy Policy for full details.

15. Severability & Entire Agreement

If any provision of this Agreement is held unenforceable, the remaining provisions remain in full force and effect. This Agreement, together with the signed quote and any incorporated documents, constitutes the entire agreement between the parties and supersedes all prior discussions or proposals. This Agreement may only be modified in writing signed by both parties or through a signed Change Order.