Agreement to Terms
These Terms of Service ("Terms") govern your use of the Maryland Smart Energy website at mdsmartenergy.com and your engagement of our energy efficiency consulting services. By accessing our website or contacting us to schedule services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
Maryland Smart Energy reserves the right to modify these Terms at any time. Changes become effective upon posting to our website with an updated effective date. Your continued use of our site or services after changes are posted constitutes acceptance of the revised Terms.
Services Description
Maryland Smart Energy is a Maryland-licensed commercial energy efficiency contractor. Our services include, but are not limited to:
- Commercial HVAC system tune-up and maintenance
- Whole-building energy assessments and tune-up services
- LED lighting upgrades and assessments
- Energy benchmarking and EPA Portfolio Manager support
- Energy supply rate analysis and consulting
- Community solar subscription facilitation
- EmPOWER Maryland utility rebate application processing (as your authorized representative)
Service availability may vary by utility service territory. Eligibility for utility rebate programs is determined by the applicable utility company, not Maryland Smart Energy. We make no guarantee that any specific rebate application will be approved or that any particular rebate amount will be received.
Utility Rebate Programs
Many of our services are eligible for rebates through the EmPOWER Maryland program, administered by participating utilities including BGE, Pepco, Delmarva Power, and SMECO. Important terms regarding rebates:
- No guarantee of rebate approval: Rebate eligibility and amounts are determined solely by your utility company. Maryland Smart Energy facilitates the application process but cannot guarantee approval or specific rebate amounts.
- Rebate program changes: Utility rebate programs, including available incentives and rebate percentages, are subject to change by the utility at any time without notice to Maryland Smart Energy.
- Client responsibility: When you authorize Maryland Smart Energy to act as your representative with your utility, you remain responsible for the accuracy of information provided and compliance with your utility's program terms.
- Timing: Rebates are typically processed and disbursed by the utility after project completion and verification. Processing timelines vary by utility and program.
Service Agreements and Payments
Specific service terms, pricing, and payment schedules are set forth in individual service agreements or proposals provided to you prior to commencement of services. These Terms of Service apply in addition to any such service-specific agreements. In the event of a conflict, the specific service agreement shall control.
Payment terms are as specified in your service agreement. Maryland Smart Energy reserves the right to suspend services for non-payment.
Scheduling and Cancellations
When you schedule a service appointment with Maryland Smart Energy:
- Please ensure that authorized personnel are available to provide access to the equipment and areas to be serviced
- Cancellations or reschedules should be made at least 24 hours in advance by calling (301) 888-7090
- Last-minute cancellations or no-shows may result in a service fee as specified in your service agreement
- Maryland Smart Energy reserves the right to reschedule appointments due to technician availability, weather, or other circumstances beyond our control
Limitation of Liability
To the maximum extent permitted by applicable law, Maryland Smart Energy shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services or website, including but not limited to:
- Loss of anticipated energy savings or rebates
- Equipment failures unrelated to our services
- Third-party utility program changes or denials
- Interruptions to business operations during service
Our total liability to you for any claims arising from our services shall not exceed the total amount paid by you to Maryland Smart Energy for the specific service giving rise to the claim.
Warranties and Disclaimers
Maryland Smart Energy warrants that services will be performed in a professional and workmanlike manner by qualified, licensed technicians. Any warranty on parts or equipment is provided by the respective manufacturer and subject to that manufacturer's terms.
Our website and content are provided "as is" without warranties of any kind, express or implied. We do not warrant that website content is complete, accurate, or current. Energy savings estimates and projections are illustrative and based on industry averages; actual results will vary based on your specific equipment, building characteristics, and usage patterns.
Intellectual Property
All content on the Maryland Smart Energy website, including text, graphics, logos, and images, is the property of Maryland Smart Energy or its content licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our express written permission.
User Conduct
When using our website or contacting us, you agree not to:
- Provide false or misleading information
- Use our website for any unlawful purpose
- Attempt to gain unauthorized access to our systems
- Transmit harmful, offensive, or disruptive content
- Use automated tools to scrape or harvest our website content
Governing Law and Disputes
These Terms are governed by the laws of the State of Maryland, without regard to its conflict of law provisions. Any dispute arising from these Terms or our services shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Maryland in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.
Indemnification
You agree to indemnify and hold harmless Maryland Smart Energy, its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of our services, your violation of these Terms, or your violation of any third party's rights.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
Contact Us
If you have questions about these Terms of Service, please contact us:
- Phone: (301) 888-7090
- Email: service@mdsmartenergy.com
- Website: Contact Form
Maryland Smart Energy is a Maryland-licensed contractor serving commercial businesses throughout the state of Maryland.