Terms and Conditions for Certas Energy UK Ltd - Evolo EV Charging Solution
EVOLO – DRIVER TERMS
1 Introduction
1.1 These Terms are applicable when you register to use the Services (as described at clause 3.1) by us).
1.2 We are Certas Energy UK Ltd, a company registered in England with company number 4168225 and registered office at 1st Floor, Allday House, Warrington Road, Birchwood, Cheshire, WA3 6GR.
1.3 More details about the Services we provide can be found at https://evolo.energy/.
2 Definitions
2.1 The following definitions shall apply in these Terms.
Business User
Where you use the Charging Services as part of our arrangements with your Employer.
Charging Services
The provision or facilitation of Charging Sessions for an Electric Vehicle via the Evolo Network or the Third-Party Network.
Charging Session
The process during which an Electric Vehicle is charged at a Charging Station.
Charging Station
An electric vehicle charger operated which Evolo makes available for the Charging Services, whether on the Evolo Network or a Third-Party Network.
Commencement Date
The date when you complete the Registration Process, which will be the date of confirmed through our welcome email to you.
CPO
The charge point operator who operates and manages the relevant Charging Station.
Customer Agreement
The agreement between us and the Employer under which we provide electric vehicle charging related services to the Employer and its employees (including access to the Evolo App, Evolo Roam Card and the Charging Services).
Electric Vehicle
An electric vehicle which is compatible for use with a Charging Station.
Employer
Your employer who we have a Customer Agreement in place with.
Event Outside Our Control
Any act or event beyond our reasonable control, such as strikes, natural disasters, failure of telecommunications networks, or power interruptions.
Evolo App
The Evolo smartphone app facilitating charger access and related services, including any guidance documents.
Evolo Network
The network of Charging Stations operated by us using our back-office systems, hardware, and third-party support.
Evolo Roam Card
The RFID card for accessing a Charging Station, subject to payment.
Fees
The fees payable for your Charging Sessions provided to you for an Electric Vehicle via the Evolo Network and Third-Party Network, as described in clause 13.
Individual User
Where you are a customer that pays for the Charging Services via credit or debit card after every Charging Session for the amount of electricity consumed in that Charging Session.
Lost Card
An Evolo Roam Card which has been lost by you.
Registration Form
The form we provide to you for completion to register and access the Services.
Registration Process
The process through which you register online via our website or mobile app. This includes completing the Registration Form and adhering to other requirements as specified on our website or mobile app. Successful registration results in a welcome email being sent to you.
Services
The services provided to you by us under these Terms, as defined at clause 3.1.
Services Term
Starting from the Commencement Date and continuing until these Terms are terminated in accordance with clause 17 (Termination).
Terms
These terms and conditions, subject to changes in accordance with clause 23 (Changes to these Terms).
Third-Party Network
The network of Charging Stations operated by a Third-Party Operator as CPO.
Third-Party Operator
The third party operator of a Charging Station on the Third-Party Network, with the name of such third-party operator being displayed on the relevant Charging Station).
You
The individual who has completed the Registration Process and whose name is displayed on the welcome email.
3 What these Terms cover
3.1 These Terms is the legal agreement between us and you for your access to and use of the following:
3.1.1 the Evolo App;
3.1.2 the Evolo Roam Card; and
3.1.3 the Charging Services.
(together the “Services”).
4 Formation
4.1 We provide the Services to you according to these Terms.
4.2 Please carefully review these Terms before registering for use of the Services.
4.3 These Terms become effective when you complete the Registration Process, which will include signifying your agreement to these Terms on the registration page of our website or the Evolo App
4.4 Your access to Charging Stations on the Evolo Network, either through a Evolo Roam Card or via our website or the Evolo App, depends on your compliance with these Terms.
4.5 You represent and warrant the accuracy of the information you provide to us and agree to notify us promptly of any changes.
5 Business Users / Individual Users
5.1 The Charging Services are accessible by either Business Users or Individual Users.
5.2 Business Users and Individual Users shall both be responsible for compliance with all these Terms, except:
5.2.1 clause 14.1 shall apply to Business Users; and
5.2.2 clause 14.2 shall apply to Individual Users but you shall not have the right to a Evolo Roam Card.
6 Term
We will deliver the Services to you during the Services Term.
7 Operating System Requirements
Use of the Evolo App requires access to a mobile phone which meets the requirements as notified by EVOLO from time to time.
8 Evolo App
8.1 We grant you a licence to use the Evolo App for your to benefit from the Services.
8.2 Where you download and use the Evolo App on a mobile phone or other relevant device you shall do so in accordance with any guidance we make available from time to time.
8.3 You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Evolo App that:
8.3.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
8.3.2 facilitates illegal activity;
8.3.3 depicts sexually explicit images;
8.3.4 promotes unlawful violence;
8.3.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
8.3.6 is otherwise illegal or causes damage or injury to any person or property;
and we reserve the right to disable your access to the Evolo App where you are in breach of the provisions of this clause.
8.4 You shall not:
8.4.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Evolo App in any form or media or by any means;
8.4.2 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Evolo App;
8.4.3 access all or any part of the Evolo App in order to build a product or service which competes with the Evolo App to provide services to third parties;
8.4.4 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Evolo App available to any third party,
8.4.5 attempt to obtain, or assist third parties in obtaining, access to the Evolo App; or
8.4.6 introduce or permit the introduction of, any virus or vulnerability into the Evolo App or Evolo's network and information systems
and we reserve the right to disable your access to the Evolo App where you are in breach of the provisions of this clause.
9 Evolo Roam Card
9.1 We may issue you with a Evolo Roam Card which can be used to purchase a Charging Session on the Evolo Network or the Third-Party Network.
9.2 Where you are a Business User, you are only entitled to use the Evolo Roam Card to purchase Charging Sessions in relation to business activities undertaken for your Employer (unless your Employer permits otherwise).
9.3 The Evolo Roam Card is only permitted to be used by you and you shall be responsible for the safe keeping of the Evolo Roam Card and the prevention of unauthorised use.
9.4 We may put a stop on or cancel the Evolo Roam Card where we believe it is being misused.
9.5 You must immediately notify us of a Lost Card via the contact details set out at clause 18 (Contact Us).
9.6 Your Employer shall remain liable for the costs of any Charging Sessions purchased via the Evolo Roam Card during the Services Term, subject to the provisions of clause 9.6.
9.7 Your Employer will not be liable for the costs of any Charging Sessions from 48 hours after the time you reported a Lost Card lost in accordance with clause 9.4, subject to the provisions of clause 9.7.
9.8 We reserve the right to continue to charge the Employer for any Charging Sessions purchased by a Lost Card (which has been reported in accordance with clause 9.4) where we have reasonable grounds to believe that:
9.8.1 you gave the Lost Card to another person;
9.8.2 the circumstances resulting in the Lost Card was due your failure to take reasonable care of the Evolo Roam Card;
9.8.3 prior to the Evolo Roam Card becoming a Lost Card, you failed to comply with a request by us to destroy or return the card; or
9.8.4 you are in breach of these Terms.
9.9 We will charge your Employer a fee of £10 for any replacement Evolo Roam Card where a Lost Card is reported.
9.10 Where you suspect a Lost Card has been stolen, you shall immediately notify the police and obtain a crime reference number and report such crime reference number to us.
10 Charging Services
10.1 You may undertake a Charging Session at any Charging Station which is shown on the Evolo App as forming part of the Evolo Network or the Third-Party Network.
10.2 You can initiate a Charging Session at a Charging Station through use of the Evolo Roam Card or the Evolo App.
10.3 You agree:
10.3.1 to only allow the Evolo Roam Card to be used by you for Charging Services;
10.3.2 to access and use the Charging Services only for the purposes related to the business activities of your Employer (unless your Employer permits otherwise);
10.3.3 not to use the Charging Services for illegal purposes and to comply with all applicable laws and regulations with respect to your use of the Charging Services;
10.3.4 to park considerately when using a Charging Station, including parking within the boundaries of the relevant parking bay;
10.3.5 to behave reasonably and considerately to other drivers when using a Charging Station;
10.3.6 to comply with all parking restrictions, local signage, byelaws, policies and regulations in relation to the Charging Station (including time limits on usage)
10.3.7 to pay any parking charges and fines which are due in relation to your use of the Charging Station;;
10.3.8 to charge the Electric Vehicle at a Charging Station in accordance with any instructions or guidance on the Charging Station or instructions as otherwise disused by Evolo from time to time;
10.3.9 before using the Charging Station, to check the Charging Station is suitable and compatible for the relevant Electric Vehicle;
10.3.10 not to use any Charging Station which displays an error messages or visible defects and/or damage;
10.3.11 that any connector cable of your own which you use for a Charging Session at a Charing Station shall be safe to use and suitable for the Charging Session conducted, and that the cable is safely plugged into the Electric Vehicle and that the positioning of the connector cable does not create a tripping hazard to any person;
10.3.12 to ensure that the Electric Vehicle being charged at a Charge Station is licensed for use on the road by the DVLA and your hold the necessary valid driving licence(s);
10.3.13 to use the Charging Station according to the instructions and the terms and conditions of the respective CPO (which may be found at the Charging Station or on the CPO’s website);
10.3.14 that you and your Electric Vehicle shall be adequately insured including, without limitation, for any damage caused by your or the Electric Vehicle to the Charging Station and surrounding location including other connected infrastructure, bays, vehicles, and for injury to and death of persons;
10.3.15 to ensure that the Electric Vehicle is not driven with the connector cable still attached to the Charge Station;
10.3.16 that once the Charging Session has finished, you shall disconnect the connector cable and place it back in any available socket on the Charging Station;
10.3.17 you shall disconnect the Electric Vehicle from the Charging Station upon the completion of the Charging Session, as failure to do this may cause the Charge Station not to be registered as available, and you may be liable for an overstay charge;
10.3.18 that you are responsible for any damage caused to a Charging Station or to any other property or for any injury to any person which is caused by you, breach of these Terms or misuse, lack of care or negligence or failure to comply with any instructions or guidance in relation to a Charging Station;
10.3.19 further to the provisions of clause 10.3.17, you are responsible for familiarising yourself of the environment and surrounds of the Charging Station, including any drains or culverts. You will be solely responsible for any loss of keys, phone, wallet, sunglasses or jewellery whilst using the Charging Station;
10.3.20 to notify us and the relevant CPO immediately of any injury to any person or to any damage and follow any directions they may give you;
10.3.21 to ensure any passengers in the Electric Vehicle also comply with the provisions set out in this clause 10.3.
11 Evolo Network
11.1 Where we act as a CPO, we shall be responsible for the Charging Station’s operation and maintenance and shall ensure we:
11.1.1 have the necessary approvals and licenses, including all approvals and licenses for using and connecting such Charging Stations to the public grid;
11.1.2 comply with all applicable laws, regulations, requirements, guidelines and technical specifications, including all requirements and conditions for using and connecting the Charging Station to the public grid and the measurement of electricity;
11.1.3 maintain technological and safety industry standards, including regular checks of the proper condition and hazard-free operation of the Charging Station and compliance with all maintenance and inspection intervals;
11.1.4 maintain an uninterrupted power supply to the Charging Station; and
11.1.5 provide a help desk service for you that is available during local business hours.
11.2 You acknowledge and accept that we (when acting as a CPO) may suspend or terminate access to a Charging Station by you in whole or in part:
11.2.1 if required by law;
11.2.2 in case of fraud by the Employer or you;
11.2.3 in case of maintenance; or
11.2.4 at our discretion,
in which cases we will notify the Employer and you of such suspension or termination (in advance if reasonably possible).
12 Third-Party Network
12.1 We are not responsible for the maintenance or proper functioning of the Charging Stations that are part of the Third-Party Network, which are under the control of a separate Third-Party Operator acting as CPO.
12.2 The Third Party Operator, who acts as CPO, is fully responsible for the maintenance and proper functioning of such Charging Stations.
12.3 Support and helpdesk contact details for the CPO should be available on the relevant Charging Station.
13 Tariffs
13.1 Tariffs for Charging Sessions are calculated based on usage, electricity consumption, time, and charger type.
13.2 The tariffs for the Charging Sessions are:
13.2.1 available via the Evolo App and, in certain circumstances on the Charging Stations;
13.2.2 subject to change at any time.
13.3 After a successful Charging Session, you will receive notification with the Charging Session details. These details are also accessible through the Evolo App.
14 Payment
14.1 Terms specific to Business User:
14.1.1 your Employer will be responsible for the Fees payable in relation to your use of the Charging Services;
14.1.2 certain portions of the Charging Services (mostly with regards to payments) will not be accessible to you and will be managed on your behalf by your Employer;
14.1.3 all matters to do with payments, cancelations, refunds and other payment- and billing-related issues, disputes and queries are handled by your Employer in liaison with us;
14.1.4 despite your Employer paying the Fees for the Charging Services, you are otherwise responsible for compliance with all other provisions of these Terms.
14.2 Terms specific to Individual Users:
14.2.1 you are individually responsible for paying the Fees related to the Charging Services used by you;
14.2.2 you will need to pay the Fees by credit card or debit card at the time of use;
14.2.3 you will have to use the Evolo App to access the Charging Services;
14.2.4 the Evolo App utilises the third-party payment platform, Stripe, along with the Stripe API, and your Stripe account to facilitate credit and debit card transactions;
14.2.5 by opting for credit or debit card payment, you acknowledge and accept the terms and conditions of Stripe's Terms of Service, which are accessible at this link: https://stripe.com/gb/legal/consumer;
14.2.6 you consent that Evolo bears no responsibility for any financial transactions that occur during your use of the Charging Services. All monetary transactions are expressly handled by Stripe;
14.2.7 you further agree that Evolo cannot be held accountable for any financial disputes or issues between you and any other party, including Stripe;
14.2.8 you bear the responsibility for overseeing all transactions, whether they are one-time, recurring, or refunds, carried out through the Charging Services and/or Stripe. Evolo is not responsible for any losses or damages arising from erroneous or invalid transactions processed via your Stripe account. This encompasses transactions that may have failed due to network communication errors or other factors. When you initiate a transaction, it is your obligation to verify its successful completion;
14.2.9 you are aware that Evolo employs the Stripe API to operate the Service, and the Stripe API is subject to changes that may have adverse implications for the Service. You explicitly agree not to hold Evolo accountable for any unfavourable consequences resulting from Stripe's actions, whether deliberate or inadvertent, affecting your Stripe account or your business;
14.2.10 it is strictly prohibited to process payments using stolen or unauthorised credit cards through Stripe; and
14.2.11 all data exchanged between Evolo and Stripe's systems is safeguarded through 256-bit SSL certificates. Cardholder information is consistently encrypted, ensuring that nothing transmitted to Stripe's servers can be accessed, used, or modified by any unauthorized third parties seeking to obtain sensitive information.
15 Service Issues
15.1 Technical issues may necessitate suspension or modification of the Services for specific chargers, when practical, we will post details of such changes or the Evolo App and send email notifications.
15.2 If you encounter any issues with the Services or chargers, please contact Us as soon as possible, as outlined in clause 18.
15.3 In certain cases, we may not operate the Charging Station and may not be directly responsible for their condition or maintenance. We will notify the relevant CPO of any defects as soon as possible.
16 Our Liability to You
16.1 Our liability in relation to damage to the Electric Vehicle during a Charging Session shall not exceed £5,000 (five thousand pounds).
16.2 Subject to clause 16.1, we are responsible for losses you suffer caused by us breaking these Terms unless the loss is:
16.2.1 Unexpected. the loss was unforeseeable as it was not obvious that it would happen through your use of the Charging Services and nothing you said to us before you used the Charging Services meant we should have expected it.
16.2.2 Avoidable. your failure to comply with the requirements set out at clause 10.3 of these Terms;
16.2.3 Event outside our control. we are not responsible for Events Outside of Our Control as described at clause 22 of these Terms;
16.2.4 Business losses. where you are:
(a) a Business User, our liability for any loss is limited, as described in the Customer Agreement;
(b) an Individual User, we are not liable to you for the use of the Charging Station for the purposes of your trade, business, craft or profession.
16.3 Our liability exclusion or limitation does not apply to:
16.3.1 death or personal injury due to negligence or the negligence of our employees, agents, or subcontractors; or
16.3.2 fraud or fraudulent misrepresentation.
17 Termination
17.1 Your right to use the Services shall automatically terminate when our Customer Agreement with your Employer terminates or expires. We will notify you where this occurs.
17.2 We may terminate these Terms immediately by written notice to you if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
17.3 On termination for any reason:
17.3.1 all rights granted to you under these Terms shall cease;
17.3.2 you must immediately cease all activities authorised by these Terms; and
17.3.3 you must immediately (i) delete the Evolo App, (ii) return the Evolo Roam Card to us and (iii) cease using the Charging Stations via these Services.
17.4 You have the right to terminate your use of the Services at any time without cause. Where you wish to terminate please contact us in accordance with clause 18.
18 Contact Us
18.1 If you have questions or complaints, please contact our Customer Care team by phone at 0345 3033377 or by email at getintouch.ev@certasenergy.co.uk.
18.2 Written correspondence can be sent by hand or post to Certas Energy UK Ltd at 1st Floor, Allday House, Warrington Road, Birchwood, Cheshire, WA3 6GR. We will acknowledge receipt in writing. Any contact with You will be through email, post, or by hand to the address provided during registration or other address details provided in writing.
19 Communications by us
19.1 We may update these Terms at any time on notice to you in accordance with this clause 19.
19.2 Where we contact you, we will do so via the Evolo App or the email provided by you in accordance with your registration for the Services.
19.3 Any notice given by us to you via the Platform or by the email will be classed as received and properly served 24 hours after the notification on the Platform or email is sent.
19.4 Your continued use of the Services following the classed receipt and service of the notice under clause 19.3 shall amount to your acceptance to the variation of these Terms. If you do not wish to accept the variation of these Terms you must immediately stop using and accessing the Services on the deemed receipt and service of the notice.
20 Intellectual Property
20.1 You acknowledge that:
20.1.1 all intellectual property rights in the Services throughout the world belong to us or our licensors;
20.1.2 rights in the Services are licensed (not sold) to you; and
20.1.3 you have no intellectual property rights in, or to, the Services other than the right to use the Services in accordance with these Terms.
21 Use of Your Information
We take data privacy seriously and comply with data protection laws. Our Privacy Notice explains how we use your personal information, including data collected during the Registration Process and your use of the Services. Our Privacy Policy can be found here https://evolo.energy/privacy-policy.
22 Events Outside Our Control
22.1 We are not liable for failure to perform or delayed performance of our obligations under these Terms due to an Event Outside Our Control.
22.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
22.2.1 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
22.2.2 we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
23 Changes to These Terms
23.1 We may amend these Terms under the following circumstances:
23.1.1 changes in applicable laws and regulatory requirements.
23.1.2 alterations in payment methods for the Services.
23.1.3 changes in our business model.
23.1.4 events affecting our ability to provide the Services.
23.1.5 other circumstances necessitating changes to these Terms.
23.2 If we revise these Terms per clause 23.1, we will notify you by email at least 14 days’ before the changes take effect. If you do not wish to accept the revised Terms, you have the terminate your use of the Services in accordance with clause 17.
24 Assignment
24.1 You may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
24.2 We may transfer our rights and obligations under these Terms to another organization but this does not affect your rights or our obligations that accrued before the transfer.
25 Entire Agreement
Without impacting the Customer Agreement, these Terms constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
26 Waiver
26.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
26.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
27 Severance
Each of the conditions of these Terms operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
28 Governing Law and Jurisdiction
These Terms and their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
Version – 1.0 (February 2024)