Ev Dot Energy Ltd
Introduction
Last updated: June 11th 2020.
Please read these Terms and Conditions and our Privacy Policy carefully before using the https://ev.energy website.
The Terms and Conditions defined in this govern how we provide the ev.energy Smart Charging Subscription Service (the “Smart Charging Subscription Service”) operated by ev dot energy limited (“us”, “we”, or “our”) to our customers (“Customers”), These terms are provided in addition to the Terms and Conditions of using the ev.energy app, which is available on our website https://ev.energy/terms-of-use/.
Access to and use of the Smart Charging Subscription Service is conditional upon your acceptance of and compliance with these Terms.
By deciding to subscribe and use the Smart Charging Subscription Service you agree to be bound by these Terms. If you do not accept any part of the terms, then you are not authorized to use the Smart Charging Subscription Service.
Smart Charging Subscription Service
ev.energy’s Smart Charging Subscription Service enables Customers to track and control charging of an electric vehicle. The Smart Charging Subscription Service may include a range of services, including but not limited to:
i) Smart Charging Services (delivered by the ev.energy app)
ii) Energy Bill Management Services
iii) Away from home charging services
iv) Other services
The Smart Energy Subscriptions Service delivered will depend on the package taken by the Customer, and will be detailed in your “Order”.
i) Smart Charging Services
“Smart Charging Services” include the services delivered through the ev.energy app. These include a range of services. Please refer to the app’s Terms and Conditions, which is available on our website https://ev.energy/terms-of-use/.
ii) Energy Bill Management Services
“Energy Bill Management Services” covers appointing ev.energy to make payments to your energy company on your behalf.
iii) Away from Home Charging Services
“Away from Home Charging Services” includes a variety of services associated with charging an electric vehicle away from home.
iv) Other Services
“Other Services” includes services that ev.energy may bring on and deliver to customers from time to time.
Pricing and Fees
Pricing for the ev.energy subscription service will be presented at the time of an Order being placed. An Order confirmation email will describe the cost of the Services delivered (i to iv above).
Ordering Services from Us
Your order confirmation email will describe the services you have requested.
If this includes Energy Bill Management Services, this will include the amount of money we will pay to third parties on your behalf, including details on:
Any specific calculations, inclusions or exclusions that will be applied to payments made to energy suppliers on your behalf will be included in your Order email.
Submission of an Order to us is an offer by you to enter into a binding contract with us on these Terms for the provision of Smart Charging Subscription Service, which we are free to accept or decline at our absolute discretion. If we chose to accept your Order, we will issue a Welcome Email confirming the Smart Charging Subscription Services to be delivered, at which point the Contract shall become binding on you and us.
In accordance with your statutory rights, you may cancel the Order within 14 days of us issuing you with a Welcome Email by giving notice to us in writing by sending an email to support (at) ev (dot) energy.
Authorising us to act as your agent
To manage your energy bill, ev.energy will act as your agent to send money (as a disbursement) onto appointed thirds parties where you have a pre-existing contractual relationship, including for example, your home energy supply company. You agree to appoint us to make certain payments on your behalf to your energy supplier and / or other energy provider (e.g. a charging network). You further acknowledge that you have full authority to manage payments and contracts to these 3rd parties, and you will notify us immediately if you no longer have authorisation or a contractual relationship with the 3rd party.
The amount of payments made to any 3rd party will be detailed in your Order confirmation email. This does not affect your contractual relationship or obligations you may have with your energy supplier or any other energy provider.
Payments
Subscription fees for the Smart Charging Subscription Service plus any authorised payments made to third parties for energy services will be charged by direct debit from your account on the 20th of each calendar month.
Payments sent to 3rd parties on your behalf
We will make payments to your energy supplier and / or other energy provider according on or around 1st of each calendar month. This will include any payments you authorised ev.energy to make in the preceding monthly period.
Smart Charging Subscription Fee breakdown
You will receive an email at the beginning of the following month which will summarise your charging consumption, costs and savings, and an invoice detailing Smart Charging Service Fees. Any disbursements made to third parties will be available on request.
Changing your Services
You may make changes to the services requested from ev.energy as part of your Smart Charging Subscription Service.
If you make changes to your energy company (including changing your home energy supplier), we reserve the right to notify you and update your Smart Charging Service Subscription Order, and associated authorisation to make payments to 3rd parties on your behalf.
Fee changes
ev.energy, in its sole discretion and at any time, may modify the Subscription Fees for the Smart Charging Subscription Service. ev.energy will provide you with a reasonable prior notice of any change in Smart Charging Subscription Service Fees to give you an opportunity to terminate your Smart Charging Subscription Service before such change becomes effective.
Your continued use of the Smart Charging Subscription Service after the Subscription Fee change comes into effect constitutes your agreement to pay the modified Smart Charging Subscriptions Subscription Fee amount.
Incentives and rewards
Periodically ev.energy offers customers rewards or incentives. these offers may be subject to their own Terms and Conditions. However, it is important to note that generally, such rewards and incentives are not guaranteed and ev.energy reserves the right to change the terms, or remove the offer without any prior notice.
Consent to access my vehicle and / or smart home devices
By agreeing to these Smart Charging Subscription Service terms and conditions, you consent to allow ev.energy and its partners to access your electric vehicle, charge point and / or any other connected device as required for ev.energy to deliver its service, and agree to the ev.energy Terms and Conditions (https://ev.energy/terms-of-use/). Access enables us to read information from your devices, and send commands to your devices, to enable us to deliver our smart charging service to you, and is necessary to deliver the Smart Charging Subscription Service. Data and information on your vehicle and / or smart home device will be processed as outlined by our privacy policy.
Refunds
Certain refund requests for Subscriptions may be considered by ev.energy on a case-by-case basis. Any such requests will be granted at the sole discretion of ev.energy.
Duration
The Smart Charging Subscription Service will remain in place unless terminated by you or us.
Termination
If you tell us you wish to terminate your subscription, we will cancel your direct debit immediately, and stop providing you with the Smart Charging Subscriptions Service. Any payments owed to 3rd parties will be paid on the 1st of the following calendar month.
If you wish to terminate your account, please contact us at: support (at) ev (dot) energy.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Consequences of termination and your ev.energy account
Upon receiving confirmation of your termination, we will cease to deliver your Smart Charging Subscription from the end of the current calendar month. All services associated with the subscription will remain active until the end of the current calendar month.
This subscription service is independent of our core ev.energy Smart Charging Service. You will be able to continue using ev.energy’s core service if you choose to terminate your Smart Charging Subscription with us.
Indemnification
You agree to defend, indemnify and hold harmless ev.energy and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall ev.energy, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose (v) any indirect damages caused by a failure of our Service (for whatever reason) to deliver the Service, for example, including failure to deliver the required level charge to your electric vehicle by the specified charge time.
Use of Service
By agreeing to use this service, you agree that you will not attempt to obtain unauthorised access, violate any applicable laws in use of service/information contained therein, and not to collect or store and personal information derived from the service, whether for legitimate or illegitimate purposes.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
ev.energy its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Smart Charging Subscription Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Smart Charging Subscription Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Smart Charging Subscription Service.
Disputes
Our aim is to resolve any disputes quickly and efficiently. Please contact us as soon as possible if you have a question or concern, by emailing support (at) ev (dot) energy.
Force majeure events
We shall not be liable to you because of any delay or failure to perform our obligations because of a Force Majeure Event.
Privacy
We will only use the personal information you provide to us and such other personal and financial information we otherwise obtain about you to provide the Smart Charging Subscription Service.
Full details of the information we collect, process and control are described in our Privacy Policy (available here https://ev.energy/privacy-policy/).
Contact Us
If you have any questions about these Terms, or a complaint or other query please contact us at: support (at) ev (dot) energy.
Ev Dot Energy Limited and its local subsidiaries including EV.ENERGY CORP, are collectively known as ev.energy.
UK VAT registration Number: 312727816
ev.energy is registered with the UK Information Commissioners Office (ICO) under registration number ZA464860.
Company directors: Nick Woolley, Chris Darby.
Ev Dot Energy Limited, 86-90 Paul Street, London, EC2A 4NE
Email: admin@ev.energy
Phone – UK number: +44 1202 078000