Terms of Service
These Terms of Service are valid from March 1st 2018.
By using the Service, you agree to be bound by the terms set out below.
By agreeing to these terms of service, you also agree to have read, understood and to agree to the ESB Energy Data Privacy Notice which is published on our website, and is available through the EV Plug In Mobile Application.
In these conditions, the following words have the below meanings:
“Us”, “We” or “Our” refers to ESB Innovation UK Ltd, trading as ESB Energy.
“You”, “Your”, “Yourself”, “Customer”, “Subscriber” or “Account Owner” refers to the person or legal entity who has entered into this agreement, who uses the service, or in whose name the account with us is held.
“Customer Account” or “Account” refers to any account held with Us in Your name for the purposes of the provision of the Service.
“Account Activation” refers to the point at which the Customer Account and if applicable, the associated access card are provisioned on our systems.
“The Service” refers to the electric vehicle (“EV”) charging service offered by us through our EV Charging Network.
“Pricing” refers to the complete set of customer charges associated with the provision of the Service, which may be found at www.esbenergy.co.uk/EV.
“EEA” European Economic Area refers to the set of countries which make up the EU, together with EFTA members Iceland, Liechtenstein and Norway.
“PCI-DSS” Payment Card Industry – Data Security Standard refers to the information security standard established to guard against credit card fraud.
“EV Charging Network” refers to Our network of charging points in the Territory.
“EV” refers to an Electric Vehicle.
“Automotive OEM” refers to an original vehicle manufacturer.
the “Territory” refers to the region of England, Scotland and Wales.
“Access Card” refers to either an RFID-based access card, or virtual card – generated by (and stored on) a computer system, mobile device, or other such equipment – which is issued to You by Us and used by You to access the Charging Network.
“Mobile App” – The ESB Energy EV Solutions mobile application, alternatively referred to as “EV Plug In”.
“Website” – The ESB Energy website, available at www.esbenergy.co.uk/EV.
“Contactless payment“ – A method of paying for a charging transaction anonymously using tap-to-pay contactless card technology.
The Service
We will provide You with a charging service for Your Electric Vehicle(s) delivered via Our EV Charging Network.
The service entitles You, the user, to charge Your vehicle(s) on Our EV Charging Network in the Territory.
You shall be permitted to use all charging points on the EV Charging Network in accordance with the charges and instructions set-out in your chosen Pricing option, including those associated with the use of Contactless payment. No restriction is placed on the available charging types, or the amount of energy to be consumed. You must abide by any access or parking restrictions in place at each charging point location, and are responsible for the payment of any applicable fees (including, but not limited to, parking fees) to the relevant parties.
The use of charging equipment owned, operated or managed by individuals or organisations other than Us, or in jurisdictions outside the Territory is carried out at Your own risk and We do not accept any liability for any loss or damage of whatsoever nature arising from Your use of such equipment.
A customer Account will be created when a customer chooses and registers for either a prepaid or subscription-based option. Each Account may have a primary and a secondary member.
Charging Network
We will endeavour to ensure that the EV Charging Network is available and operational at all times.
In the event that there is a service issue with the EV Charging Network , You should contact Us as soon as possible via the Mobile App, Website or by calling our 24/7 customer care line on 0345 60 90 372.
Using the EV Charging Network
You can find out the location and availability of your nearest charging point on the live map, available on our Website or Mobile App.
Other than a safety issue or conditions beyond our control such as a fault on the local electrical network, all of the charging points are live and capable of dispensing energy.
On certain occasions, a charging point may have a fault occur and essential maintenance may need to take place without notice. Please check the charging point’s status via our live map.
The charging points are regularly maintained and will be unavailable during maintenance windows. Please check the charging point's status via our live map.
We want to make sure there is reasonable use of our Rapid Charge Point Network at all times. We therefore ask that you promptly vacate the parking bay in which the charging point is located once you have finished charging your vehicle.
Please note the following, you must not:
tamper with the charging point;
use the charging points or the parking bay in which they are located for any purpose other than charging an electric vehicle;
connect any cable, adapter, connector, switch or other interface to a charging point which is not fit for purpose, and/or fully compliant with all relevant laws, regulations and specifications and any such use shall be entirely at your own risk;
use the Service in any manner which is (or which would have a purpose or effect which is) harmful, a nuisance, annoying, disruptive, inconvenient, unlawful, fraudulent or in connection with a criminal offence; or
act in any way such that the operation of any charging points will be either jeopardised or impaired.
- Advise you of same immediately.
- Contact You via email (and any other communications methods deemed appropriate by Us and agreed to by You) to notify You of same. In the case of subscription-based Accounts where a balance is outstanding, should the issue not be satisfactorily resolved and a mutually agreeable solution found within 30 days of the notification being issued, We reserve the right to suspend Your account, and de-activate all associated access tokens (both physical and virtual).
Different vehicles charge up at different rates, so you acknowledge that we have no control over the speed at which your own vehicle charges, or the amount of charge your battery can hold, whether in total or following a charging session.
Safety
You undertake to use the EV Charging Network in a responsible manner and to handle all physical charging equipment with care, and agree not to deliberately damage, mistreat or otherwise compromise the EV Charging Network’s ability to function in any way.
When using the EV Charging Network You undertake to use only the captive charging cables tethered to the charging points to recharge Your EV, either with or without specialised adapters approved by Your EV supplier, to charge Your EV and not to use any other unofficial or uncertified means to charge your EV.
When using Our EV Charging Network, You agree to adhere to all safety related instructions, notifications, and advise as issued and / or published by us on our Website, Mobile App or otherwise.
In the event of safety – related concerns or issues with the EV Charging Network, You should immediately contact Us on 0345 60 90 372, or the Emergency Services via 999 or 112.
Pricing
You agree to provide payment for the Service as per Your chosen Pricing option. This may incorporate fixed, variable, once-off and / or recurring costs. All payments are to be made in accordance with the specific rules as set-out as part of the selected pricing option.
Overstay charge
In order to ensure efficient use of the EV Charging Network, and to discourage hogging, an overstay penalty fee may apply. If applicable, this will be specified in the Pricing options Terms and Conditions.
Any changes in pricing (compared with that agreed to at the time of registration) will be notified to You via email (and any other communication channels deemed appropriate by ESB Energy and agreed to by You) at least 30 days in advance of their introduction.
Payment
We accept electronic payment via all major debit and credit cards, including Visa, Mastercard, Maestro, Diners Club and JCB. Additional payment options may be added over time.
Payment will be completed online, via Mobile App, directly on the Charging Point, or by way of any other channel / mechanism made available by us. Card details stored as part of a user Account may be updated / modified online, or via the mobile app, and it is the customer’s responsibility to do so.
Details of a valid payment card with the requisite funds available must be provided.
A pre-authorisation for a nominal amount no larger than £20.00 will be carried-out during registration or charging session activation, in order to confirm card validity. However, this amount will not be debited.
In the case of subscription-based Accounts, monies will be debited monthly. All payments will be taken approximately 7 days following the anniversary date of account opening in each subsequent month, as long as the contract persists.
In certain situations the payment date may vary for data processing, calendar, or other business-specific reasons. Prepaid accounts, or pay-as-you go customers may have their payment processed immediately, or upon successful completion of a charging session.
Should payment be declined, or fail for reasons associated with payment card validity, lack of adequate funds, or other card related issues not connected with our payment processing systems, we will
We (or agents acting on our behalf) are entitled to take all necessary steps required to recover outstanding payments post service termination / account closure.
Cooling off period
Customers who register for a subscription-based account may choose to cancel within 14 days of account activation. Any costs incurred during this period, be they usage or service related, will be borne by the Customer. All cancellation requests should be directed to our customer care line on 0345 60 90 372, emailed to EVsupport@esbenergy.co.uk, or put in writing to EV Solutions, ESB Energy, 4th Floor, 85 Tottenham Court Road, London, W1T 4TQ.
Access Cards
In order to access ESB Energy's EV Charging Network, You may choose to use an authorised Access Card. Access Cards will remain valid provided the prepaid account is used at least once in every 12-month period, or in the case of subscription-based accounts - for the duration of the contract. All Customer Accounts must be operated in accordance with the terms set out herein.
Access cards are Our property and should be returned upon termination of the contract or Customer Account closure. Tampering with, modifying, copying, reverse engineering (or similar) of Access Cards by account holders (or any third party acting on their behalf) is strictly prohibited. Detection of any such activities will result in immediate account suspension. We reserve the right to recover any costs, losses or damages incurred by Us as a consequence of unauthorised access to, or misuse of, Access Cards, including any data and / software held therein.
Any lost, mislaid, stolen or misplaced access cards must be de-activated by our customer care team who can be contacted at EVsupport@esbenergy.co.uk or by calling 0345 60 90 372.
Account Activation for subscription accounts
For subscription-based accounts your service will begin, and subscription charges will be incurred, from the day on which Your account is activated. The dispatch of any associated access card(s) will occur within 7 working days.
Subscription Cancellation / Account Closure
Cancellation requests are to be submitted electronically either via email to EVsupport@esbenergy.co.uk, in writing to EV Solutions, ESB Energy, 4th Floor, 85 Tottenham Court Road, London, W1T 4TQ, or via the methods listed on our Website.
Upon receipt of a subscriber’s intention to cancel the service, where the subscriber has entered into a minimum term contract, and where the term has not yet expired, service cancellation and account closure will take place on the last billing date of the term, unless the subscriber elects to pay an early cancellation fee. If applicable, this fee will be specified in the Pricing options Terms and Conditions.
Breaches by You of any of the terms set out herein may result in the suspension of the account and/or withdrawal of the service. This includes, but is not limited to, failure to pay the relevant service charges within the requisite timeframes, the detection of fraudulent activity, the persistent mistreatment of charging equipment, or any other action considered by us to be in contravention of the terms.
Feedback/Complaints
You may provide feedback or make a complaint in relation to any issue under this Agreement by contacting us at EVsupport@esbenergy.co.uk, by calling Our customer care line on 0345 60 90 372, or in writing to EV Solutions, ESB Energy, 4th Floor, 85 Tottenham Court Road, London, W1T 4TQ.
Data protection / Security / Marketing
You agree to grant us permission to collect, store and use personal data relating to You in order to enable us to provide an effective, efficient and personalised service. We may keep this data for a reasonable period subsequent to closure of Your account. We undertake not to keep it for any longer than is necessary and/or as required by law.
We may disclose certain elements of Your data to agents, partners, or 3rd party organisations in connection with any aspect of service delivery or otherwise as agreed by you and only for the purposes of the service provided in accordance with The Data Protection Act 1998, and the General Data Protection Regulations. Such entities are permitted to use Your data only as instructed by us. They are also required to keep Your data safe and secure.
From time to time You may wish to speak to Our employees (or agents acting on our behalf) by telephone. These conversations may be recorded. We will treat the recorded information as confidential and it will only be used for training/quality control, account management and customer satisfaction purposes or any other service–related reason.
We will only deal with the Subscriber and/or any authorised alternate in relation to Account information, Service usage and Customer Service.
You have the right to ask for a copy of Your personal data. If You wish to avail of this right, You should submit a written request to the:
Data Protection Officer, EV Solutions, ESB Energy, 4th Floor, 85 Tottenham Court Road, London, W1T 4TQ
After account cancellation, as an exception to normal database backup and archiving policies, you have a right to ask for Your personal data to be completely deleted from the system (in accordance with the General Data Protection Regulation). If You wish to avail of this right, You should submit a written request to the:
Data Protection Officer, EV Solutions, ESB Energy, 4th Floor, 85 Tottenham Court Road, London, W1T 4TQ
Any data collected via Our website will be transmitted and stored securely. SSL (Secure Sockets Layer) technology is employed to protect Your data from unauthorised access or modification while in transit. Your financial information is held in secure storage facilities within PCI-DSS compliant data centres within the EEA.
Variation of Terms
We may amend, vary or add to these terms of service at any time on giving You at least thirty (30) days’ notice. This notice will indicate where You may view or obtain a copy of the new terms. If any variation, addition or amendment is unacceptable to You, You may terminate your contract with us by notice in writing within seven (7) days of the change taking effect, otherwise You will be deemed to have accepted the new conditions. Acceptable forms of notification include email to EVsupport@esbenergy.co.uk or in written form to:
EV Solutions, ESB Energy, 4th Floor, 85 Tottenham Court Road, London W1T 4TQ
It is assumed that we will have given You proper notice if we contact You via the email address provided as part of the registration process. We will also provide details of any such amendment on our Website.
You will have given us proper notice if You contact us via one of the methods listed on Our Website or in written form to:
EV Solutions, ESB Energy, 4th Floor, 85 Tottenham Court Road, London W1T 4TQ.
Our Liability
We will not be liable to You under this agreement in contract, tort (including negligence), statute or otherwise for any: loss of revenue; loss of anticipated or actual profits; loss of contracts; loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of damage to or corruption of data; or any indirect or consequential loss.
Nothing in this Agreement will exclude or restrict Your or Our liability for death, personal injury or fraud.
These Terms & Conditions are subject to the laws of England and Wales. Any disputes arising from these Terms & Conditions and consequences thereof shall be brought before the Courts of England and Wales, to which the parties expressly attribute jurisdiction, including in the event of summary judgements, introduction of third parties or numerous defendants.
Your Liability
You will be liable for any damage caused to the Rapid Charging Network through your negligence, improper use or deliberate mistreatment.
Disclaimers
Our Website or Mobile App, any product or the Service obtained through them are provided "as is" and without warranties of any kind, either express or implied. to the fullest extent permissible pursuant to applicable law, We and our affiliates, licensors, suppliers, advertisers, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. the association and its affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the Services or our Website or Mobile App will be uninterrupted, error-free or secure, that defects will be corrected, or that the Website or Mobile App or the server(s) on which the site is hosted are free of viruses or other harmful components.
Assignment
You may not assign this Contract or Agreement without Our consent.
We may, without Your Agreement, assign or transfer all or any part of Our rights and subcontract any of Our obligations under this Agreement to a party that holds the necessary authorisation(s).
Contact Details
Address: EV Solutions, ESB Energy, 4th Floor, 85 Tottenham Court Road, London W1T 4TQ
Telephone: 0345 60 90 372
Email: EVsupport@esbenergy.co.uk
General
The headings in these Conditions are for convenience only and will not affect their interpretation.
If We waive a breach of the Agreement by You, that waiver shall not be considered to be or include a waiver of any previous or subsequent breach by You of the same or any other provision.
If a competent authority determines that any provision of these Conditions is invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected by that determination.
Where You are more than one person or entity, each such person or entity is jointly and severally liable for Your obligations under this Agreement.
In performing our obligations herein We may use third parties to act on our behalf and/or perform certain obligations herein as our subcontractors. All restriction set herein shall apply to any such parties including related to liability, disclaimers and events Beyond Our Control.
Events Beyond Our Control
We will not have to carry out any obligation under this Agreement if We are prevented from doing so by any cause beyond Our reasonable control. This includes, but is not limited to, failure or shortage of power supplies, civil unrest, labour shortage or labour dispute, instructions or requests from the Government, an emergency services organisation, or any other competent authority, or legal obligations.
