Terms & Conditions

These Terms and Conditions ("Terms") govern your use of the services provided by NOCD Technical Services (Pty) Ltd t/a Heliopower ("we", "us" or "our"), including the installation, maintenance and repair of solar systems, and any related products or services that we may offer (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use our Services.

1.       Service Agreement

Our Services are subject to a service agreement (the "Service Agreement") which will be executed by both parties prior to any Services being rendered. The Service Agreement will set forth the scope of the Services to be provided, the pricing and payment terms, and any other terms and conditions related to the Services.

2.       Certificate of Completion (COC) Issuance upon Receipt of Final Payment:

The issuance of a Certificate of Completion (COC) is contingent upon the receipt of the final payment as specified in the payment terms of this agreement.

The Client acknowledges that the COC will only be issued after full payment has been received and cleared by NOCD Technical Services (Pty) Ltd t/a Heliopower

Once the final payment is received and confirmed by NOCD Technical Services (Pty) Ltd t/a Heliopower, the Client will be entitled to request the issuance of the COC.

by NOCD Technical Services (Pty) Ltd t/a Heliopower will review the project to ensure that all deliverables and obligations have been fulfilled as outlined in the scope of work. Upon verification that all terms of the agreement have been met, by NOCD Technical Services (Pty) Ltd t/a Heliopower will promptly proceed to issue the COC.

The COC will be delivered to the Client in the manner agreed upon between the parties, which may include electronic delivery, postal mail, or other suitable means.

In the event that the Client disputes any portion of the final payment, the issuance of the COC may be temporarily suspended until the dispute is resolved. Any disputes shall be handled in accordance with the dispute resolution provisions outlined in this agreement.

The issuance of the COC signifies that the project has been completed in accordance with the terms and specifications of this agreement and that all outstanding financial obligations have been met.

The COC remains the property of by NOCD Technical Services (Pty) Ltd t/a Heliopower until it is fully issued and delivered to the Client. Unauthorized use or distribution of the COC prior to full issuance is strictly prohibited.

By proceeding with this agreement, the Client acknowledges and accepts the terms and conditions outlined above regarding the issuance of the Certificate of Completion.

3.       Payment

You agree to pay all fees and charges associated with the Services as set forth in the Service Agreement. Payment is due upon completion of the Services, unless otherwise specified in the Service Agreement. We reserve the right to suspend or terminate the Services if payment is not received when due.

4.       Late Payment Fee:

In the event that a payment is not received by the specified due date, a late payment fee of 15% per month of the outstanding balance will be charged. This fee is intended to cover administrative costs and the impact of delayed funds. The late payment fee will be assessed for each occurrence of late payment and will be added to the outstanding balance.

5.       Grace Period:

A grace period of 3 days will be provided, during which no late payment fee will be charged. This grace period is intended to accommodate minor delays and unforeseen circumstances.

6.       Notification:

If a payment is not received within the grace period, a notification will be sent to the payer via Email, SMS, social media, WhatsApp’s or any other means possible indicating the overdue payment and the applicable late payment fee.

7.       Accrual of Interest:

In addition to the late payment fee, interest will accrue on the outstanding balance at a rate of 15% per month until the payment is received in full. This interest is intended to compensate for the delayed receipt of funds.

8.       Rental Charges on installed equipment not paid for in full

There will be a flat rate of R350 charged per day on already installed solar equipment that has not been paid in full

9.       Suspension or Termination:

If a payment remains overdue beyond 3 days after the grace period, the provision of goods, services, or access may be suspended, repossessed, or terminated until the overdue payment, late payment fee, and accrued interest are settled.

10.    Reinstatement:

Services, goods, or access will be reinstated promptly upon receipt of the overdue payment, late payment fee, and any accrued interest.

11.    Collections and Legal Action:

Persistent late payments may result in the matter being referred to a collections agency. The payer agrees to be responsible for any additional costs incurred due to collections efforts. Legal action may also be pursued to recover the outstanding balance, late payment fees, and accrued interest.

12.    Ownership

We retain ownership of any products or materials provided in connection with the Services until payment is received in full. Once payment is received in full, ownership of the products or materials will transfer to you.

13.    Warranties

We warrant that the Services will be performed in a professional and workmanlike manner and in accordance with applicable laws and regulations. We also warrant that any products provided in connection with the Services will be free from defects in material and workmanship for a period of [insert time period] from the date of installation. This warranty is subject to limitations and exclusions set forth in the Service Agreement.

14.    Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, special, incidental, consequential or punitive damages arising from or in connection with the Services or the use of any products provided in connection with the Services. Our liability will be limited to the amount paid by you for the Services.

15.    Indemnification

You agree to indemnify and hold us harmless from any and all claims, damages, expenses or liabilities arising from or in connection with your use of the Services, any breach of these Terms, or any violation of applicable laws or regulations.

16.    Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the South Africa. Any disputes arising from or in connection with these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the [insert arbitration association], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

17.    Additional Costs:

The Client acknowledges that if corrective action is required due to non-compliance with regulations, any additional costs incurred in bringing the work into compliance shall be borne by the Client. These costs may include labor, materials, permits, rework, and any other expenses necessary to meet the required standards. 

18.    Notification of Costs:

The Contractor shall provide a detailed breakdown of the additional costs associated with bringing the work into compliance. The Client shall have the opportunity to review and approve these costs before any further work is undertaken.

19.    Payment Terms:

The additional costs for non-compliance remediation shall be paid by the Client immediately of receiving the detailed breakdown. Failure to make payment within the specified timeframe may result in suspension of work until payment is received.

20.    Miscellaneous

These Terms, together with the Service Agreement, constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms may not be assigned or transferred by you without our prior written consent. We may assign or transfer these Terms without restriction.

By using our Services, you acknowledge that you have read, understood and agreed to these Terms and the Service Agreement.