General terms of use for the SMA Online Service Center (OSC)

 

 

1. General Information

The SMA Online Service Center from SMA Solar Technology AG (hereinafter "SMA") on its website www.SMA-Service.com offers comprehensive service to all registered users (hereinafter "Users"). Users can access the following online services (*some for a fee; each service is not available in all countries) after initial registration:

- Create or import (from the SMA Sunny Portal) user PV systems and equipment**,

- Enter, review and track SMA service tickets with direct contact to SMA Service

- Order replacement service*/** (during or after the SMA manufacturer's warranty)

- Send technical contact inquiries at any time, from anywhere

- Periodically review and/or acquire warranty status and/or extended warranties for SMA inverters**

- Access to the SMA FAQ and Support pages, which are useful in quickly finding device messages, their cause and repair

The SMA Online Service Center, within the framework of a knowledge database, offers a wide range of information and manuals (e.g., for installation and maintenance of SMA products). When working with electrical installations and devices, improper handling could lead to serious risks to the life and health of individuals as well as extensive property damage. For this reason, SMA expressly points out that implementation of the information provided, especially interference with devices, may only be carried out by electrically qualified persons unless it is expressly stated that unqualified individuals may carry out the work. Electrically qualified persons are trained to handle electrical installations and are familiar with the risks involved; they are aware of the standards, directives and laws applicable in the installation country. In Germany, and as a basis for comparison in other countries, DIN VDE 1000 10 applies. SMA expressly states that it bears no liability for damage caused should these safety measures be disregarded.
Please carefully read these terms before using the Online Service Center.

2. Use of the SMA Online Service Center

Every natural, fully contractually capable person over 18 years of age or any legal person may use the SMA Online Service Center. If a legal person is registered, it must be ensured that a natural person authorized to manage the user's data is named as the administrator of access to the SMA Online Service Center.

The user can be the respective system operator of the applicable system(s) within the meaning of the law for prioritization of renewable energies or a third party acting in his/her name and/or on his/her behalf, in particular, the installer of the system(s). If the SMA Online Service Center is used by a third party, you, as the third party, must confirm that you have express consent from the respective authorized system operator to register the corresponding system by registering and accepting these terms of use. Third parties are required to provide SMA with proof of consent from the system operator upon request, and exempt SMA from all claims made by the system operator in relation to use of the SMA Online Service Center.

You can also register as a company administrator, which allows you to invite additional employees from your company. However, this also means that by confirming you are an administrator, you are responsible for all activities of your company in the Online Service Center area reserved exclusively for registered users.

To use the SMA Online Service Center, the user receives password-protected access upon registration. Registration for the SMA Online Service Center is done using an online form.

The user is obligated to provide only accurate and true information that is not misleading. The user is also required to handle all user IDs and passwords confidentially and to refrain from disclosing them to unauthorized third parties. You are personally responsible for your account and keeping your password confidential.

SMA has to be informed immediately in the event of loss or the suspicion of misuse of access data.

If SMA becomes aware of this, SMA may take the necessary countermeasures and, in particular in the case of misuse, exclude the respective user from further use or application. 

In particular, SMA reserves the right to block registered users from the SMA Online Service Center at any time and to deny them further access if and to the extent that these users cannot sufficiently prove that they are authorized by the corresponding PV system operator to register the relevant system. In cases of doubt, the instructions of the system operator to SMA take precedence over those of the user. In these cases, the user has no entitlement to further or unrestricted use of the SMA Online Service Center.

SMA reserves the right to change, add to or delete the design and content of the website and services offered, or to cease publication of the services temporarily or permanently without prior notice.

**As stated on the visitor website, as a registered user (this/every option is not available in all countries) you can use the SMA Online Service Center to import system data already stored in the SMA Sunny Portal to simplify use of services in the SMA Online Service Center.  To do so you must agree to this data import from the SMA Sunny Portal when registering with the online form.  With this one-off consent, the current system data is imported and any future data changes in SMA Sunny Portal are compared and, if necessary, updated with the data in the SMA Online Service Center. The data from Sunny Portal always forms the basis for the transferred data. 

3. Use Limitations

The SMA Online Service Center website provided for use was developed by SMA and is protected by copyright laws. SMA possesses all use and distribution rights. The user may only use and exploit the information and results accessed in this online service within the framework of these terms of use. The use of computer programs for automatic capture of data (e.g., crawlers, is prohibited in all cases).

The content available via the website may not be copied, distributed or made otherwise public without the agreement of the respective rights owner.  SMA grants the user (subject to approval by the affected third party or system owner) the right to make public and to make available to third parties the system data on the website (e.g., of the photovoltaic systems fitted with inverters and data communication devices) within the framework of the website functions. 

Any additional use of the retrieved information and results of the services offered by SMA is allowed only with the express written permission of SMA.

4. User Content

If the SMA Online Service Center should offer this option, users may upload their own content or instruct others to do so, provided that the storage space provided by SMA is sufficient. The user is not entitled to publication of the content submitted to the SMA Online Service Center, nor to permanent storage of this content there. SMA is not responsible for the content, correctness or form of the posted information. In addition, the user undertakes to protect and to refrain from violating the rights of third parties, in particular trademark rights, copyright and personal rights. Posting content glorifying violence, pornographic content, discriminatory content, content that infringes on personal honor or other content that violates the law or morality is not permitted.

5. References and Links

The information published on this website also includes appropriately highlighted links or references to third-party websites. The responsibility for this third-party content lies solely with the provider making the content available. SMA only provides access to this content. SMA has no influence on the current appearance, content or authorship of linked/referenced sites. For this reason, SMA hereby expressly distances itself from all linked/referenced site content.  The provider of the site that was referenced and not the one that is simply referencing the respective publication via links is solely responsible for illegal, faulty or incomplete content and in particular for damages arising from the use or disuse of third-party information.

6. Disclaimer

SMA assumes no responsibility for the accuracy, correctness, completeness or quality of the information, documents and displayed details of prices and earnings made available. SMA assumes no responsibility for any errors or omissions in the specified information to which a reference was made there, or which is linked to it.

All liability claims against SMA relating to damages of material or immaterial nature that were caused by the use or nonuse of the information provided or due to the use of erroneous or incomplete information are excluded, provided that no intentional or grossly negligent culpability exists on the part of SMA. In particular this applies to damage arising from loss of use, data loss or loss of revenue. Liability for data loss is limited to the typical cost to recover the data that would apply when making regular backups appropriate to the risk, unless there was an intentional or grossly negligent act on the part of SMA.

It is the user's sole responsibility to check the content of the results gained from use of the SMA Online Service Center and their suitability for the particular purpose of use.

The user does not have any claim to the availability of the SMA Online Service Center nor to data availability.

7. Changes

The user undertakes to regularly check and update his/her personal information (such as company affiliation, contact information, in particular e-mail address) and systems data. SMA is entitled to demand verification for substantial changes.

SMA reserves the right to change these terms of use at any time when necessary for legal or factual reasons. SMA will communicate changes to the terms of use in a timely manner prior to their coming into force. SMA also reserves the right to change, enhance, delete or temporarily or permanently suspend individual pages, parts of pages or the entire website without prior notification.

8. Data Protection

Use of this SMA Online Service Center website is covered by SMA’s data protection policy. The provisions contained therein thus become the subject of these terms of use. Additional information on data protection can be found in the legal information at www.SMA.de.

9. Applicable Law, Court of Jurisdiction

The laws of the Federal Republic of Germany apply.

Where the user is a contractor, a merchant as defined by the German Commercial Code, a separate fund under public law or a legal entity under public law, Kassel will be the sole court of jurisdiction for all disputes arising from these terms of use.

Insofar as the user is a consumer, these terms of use are governed by the substantive and procedural laws of the Federal Republic of Germany provided these are not in conflict with any obligatory legal regulations, in particular consumer protection regulations.

10. Severability Clause

Should parts or individual formulations of these terms of use not, no longer, or not fully comply with applicable law, this shall have no effect on the remaining parts in tShould parts or individual formulations of these terms of use do not, no longer or not fully comply with applicable law, this will have no effect on the remaining parts in terms of their content or validity. The provision no longer in effect will be replaced with a regulation, to be determined by means of interpretation, that comes as close as possible to the financially and actually intended regulation in a legally effective way.

Please send questions or comments about these terms of use to OnlineServiceCenter@SMA.de.

Niestetal, June 2016  SMA Solar Technology AG

You can download a PDF of the terms of use here.