InCharge's general terms and conditionsThese are the terms and conditions applicable to a customer’s use of the electric vehicle charging services offered by InCharge. InCharge is the trading name of Vattenfall UK Sales Limited (“Vattenfall”). A reference in these terms and conditions to InCharge is to Vattenfall UK Sales Limited trading as InCharge.. Valid from 11.03.2019
1 § InCharge charging service(a) InCharge offers electric vehicle charging services to its customers on a network of charging stations (the “InCharge Network”). The InCharge Network comprises charging stations owned by InCharge (“InCharge Charging Stations”) and certain charging stations owned by third parties (“Third Party Charging Stations”).(b) Customers accept these terms and conditions (to the exclusion of all other terms and conditions) apply to their use of: (i) the electric vehicle charging service offered by InCharge, (ii) any account with InCharge, (iii) any InCharge charge card, tag, or mobile application (the “InCharge app”) and any (iv) charging stations in the InCharge Network (the “Services”). By using the Services the customer agrees that these terms and conditions constitute their contract with InCharge.(c) A list of the stations forming the InCharge Network is updated regularly and can be viewed via the InCharge app or the InCharge website (www.goincharge.com).
2 § InCharge charge card, tag and InCharge app
(a) An InCharge chargecard or tag, or the InCharge app, allow the customer to use any charging station in the InCharge Network and a customer’s use of the InCharge Network will be recorded on their InCharge account. Customers may order charge cards and tags via the InCharge website and may download the InCharge app via the Apple App Store or Google Play.(b) InCharge reserves the right to conduct a credit check of any potential customer applying:
(i) to open an account with InCharge or (ii) for a charge card or tag. InCharge reserves the right to refuse an application to open an account to issue any charge card or tag.(c) Any charge card or tag issued by InCharge may only be used at charging stations in the InCharge Network.(d) The electricity consumed by a customer’s use of the Services is recorded and the customer’s account is updated accordingly. The customer agrees to pay for the services in accordance with condition 5 (Payment and charges) below.(e) It is the customer's responsibility to store and keep secure any charge card or tag and ensure that no unauthorised person can access or use it.(f) If a charge card or tag is lost, damaged or stolen, the customer should promptly notify InCharge. On notification of a lost, damaged or stolen charge card or tag, InCharge will take reasonable steps to deactivate the charge card or tag and issue a replacement. The customer shall be charged a fee of five pounds (£5.00) for each replacement charge card or tag (“Replacement Fee”). The Replacement Fee will be added to the customer’s next bill and will be payable by the customer as part of the normal billing process. It is the customer’s responsibility to report any unauthorised transactions made with a lost or stolen charge card or tag to the police.
3 § Use of InCharge Network and the Services
(a) When using the InCharge Network the customer will act in a safe manner and comply with all signage, safety and usage instructions displayed at each charging station.(b) The customer is responsible for providing appropriate cable(s) to connect their electric vehicle to the InCharge Network. The customer will use only cables supplied by their vehicle’s manufacturer and will not use any cables which are damaged, faulty or modified in any way.(c) InCharge will ensure that each of the InCharge Charging Stations meet the applicable standards, laws and regulations. This obligation does not extend to Third Party Charging Stations.(d) The customer acknowledges and agrees that charging an electric vehicle is dependent on several factors, including (but not limited to) the technical specifications of the electric vehicle in question, the vehicle battery charge level and capacity and the charging station itself. Such factors will have an effect on the charging of any electric vehicle. InCharge makes no guarantee regarding the amount of time required to charge a customer’s electric vehicle using the InCharge Network.(e) The customer’s use of any charging station on the InCharge Network does not constitute a supply of electricity to a premises.(f) The customer shall provide InCharge with their current email address and postal address for the purposes of billing and receiving notices and other communications from InCharge. Customers must keep these addresses up-to-date and/or tell InCharge immediately if there are any changes to them. Customers are responsible for making sure their email address works and will be responsible for all consequences for errors in sending and receiving email (including emails from InCharge being directed to customer’s “junk mail”) unless InCharge are negligent. If a customer wants to update the email address InCharge hold for them, please contact InCharge (contact details are available on the InCharge website).(g) InCharge may terminate this agreement with immediate effect if the customer violates these terms or uses the charging service or a charging station in such a way that may or does (in InCharge’s sole opinion) cause harm or damage.
4 § Availability
(a) InCharge will use reasonable endeavours to ensure that, save for in the event of
maintenance or other operational requirements, all InCharge Charging Stations are
operational and available at all times.(b) Customers can check the availability of charging stations in the InCharge Network via the InCharge website.(c) Notwithstanding condition 4(a), InCharge reserves the right, without compensation being payable to the customer, to modify, restrict access to, or suspend the Services or charging stations available at any time due to circumstances outside of the control of InCharge.
5 § Payment and Charges
(a) Detailed charging information and prices for the use of the InCharge Network may be viewed on the InCharge website. Prices quoted are inclusive of VAT.(b) Each use of the Services by a customer is recorded on their account with InCharge and customers agree to pay InCharge for their use of the Services and any electricity used or consumed by connecting an electric vehicle to the InCharge Network. InCharge will issue a bill to the customer each month which details their usage of the Services (including the cost of electricity used or consumed) and the charges for the same.(c) Customers must pay InCharge all sums due on their monthly bill by the date stated on each bill. InCharge reserves the right to suspend a customer’s account for late or nonpayment and/or charge interest at 4% per annum above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is at or below 0%. That interest will be calculated from the due date until the date of payment and on a daily basis. InCharge reserves the right to charge a late payment fee for its reasonable administration costs which result from late or non-payment of any sums due under this agreement (including any costs for the enforcement of payment or other obligations). Further information about any such fees will be posted on the InCharge website.(d) InCharge reserves the right to migrate a customer’s account from one billing platform to another. If a customer’s account is migrated their billing date may change.
6 § Consumption and data
(a) InCharge will store the charging history for each customer (including information on charging station(s) used, amount(s) of electricity used, the duration(s) and time(s) of use of each charge station) in order to calculate the payment(s) due by the customer for using the charging service.(b) The customer agrees that data and data associated with the customer's use of the charge service and charging stations will be processed and stored by InCharge, other group companies or InCharge's partner companies in accordance with the General Data Protection Regulation ((EU) 2016/679), and to the extent it is needed for the administration and performance of the contract with the customer and related services.(c) The data collected may also be processed in connection with business and product development, statistics, marketing and customer analysis and direct marketing (except where the customer has notified InCharge that they do not want direct marketing from InCharge).(d) The customer may request information free of charge on personal data relating to how it has been used by InCharge or its affiliates. The customer may also request that personal information held by InCharge or its affiliates be corrected, blocked or deleted.(e) Additional information about personal data used by InCharge is available on
7 § Liability for defects, etc.
(a) InCharge accepts no responsibility for damage to the customer, their property or any third party, due to a lack of compatibility between the customer's vehicle and any charging station.(b) InCharge accepts no responsibility for any damage due to any use of the charging service or charging stations which is not in accordance with any instructions or technical requirements made available to the customer.(c) InCharge accepts no responsibility for any indirect or consequential loss arising from the customer's use of the charging service or charging stations.(d) The customer is not entitled to damages due to a charging station being closed,
unavailable or out of order or vehicle charging services being suspended for any reason.(e) The customer will comply with any and all guidelines and instructions which currently exist or may be given by InCharge in the future. The customer accepts responsibility for the electric vehicle the customer uses in connection with the charging service which the customer shall ensure meets all requirements for charging.(f) The customer is also responsible for their own charge card or tag and will be liable to InCharge for loss, costs or damage caused by any use by unauthorised persons.(g) InCharge reserves the right to block or suspend any customer’s account including their charge card or tag if InCharge suspect any of the following:
(i) that the charge card or tag has been abused;
(ii) that there is a risk of unsafe use of the charge card or tag;
(iii) that the use of any charge card or tag is unauthorised; or
8 § Assignment
(a) The customer acknowledges that InCharge may fully or partially transfer its rights and/or obligations under this agreement to a third party without the customer’s prior notice or consent.(b) The customer is not entitled to transfer, assign their rights or obligations, wholly or partially, under these terms and conditions.
9 § Changes to these terms and conditions
(a) InCharge reserves the right to:
(i) amend the prices of the Services from time to time (including the introduction of
charges for aspects of the Services previously provided free).
(ii) update and amend these terms and conditions from time to time.
InCharge will notify the customer of any changes by posting them on the InCharge
website. In addition to this, InCharge may contact customers by post or email (if they have registered an email address with InCharge) to inform them of any changes to the Services or prices. Customers are advised to check the InCharge website regularly as by continuing to use the Services after changes have been posted on the InCharge website will mean that customers agree to these terms as amended. If any of the changes to the terms and conditions are to the disadvantage of a customer, that customer may stop using the Services.
10 § Disputes
(a) In the event the customer considers InCharge has failed to satisfy its obligations under these terms and conditions, the customer will notify InCharge (contact details are on the customer’s bill or on the InCharge website). The customer and InCharge will agree a period of time in which InCharge may investigate and remedy the issue or customer complaint which will be not less than 48 hours.(b) Third parties cannot benefit from these terms and conditions under The Contracts (Rights of Third Parties) Act 1999.(c) These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts, which both the customer and InCharge submit to.
11 § The InCharge App(a) InCharge offers the InCharge app via a third party which enables customers to locate charging stations and pay for charging services.(b) InCharge reserves the right to suspend and/or disable the use of the InCharge app at any time without compensation to the customer and the customer is not entitled to damages where the InCharge app is not operational for any reason.(c) The customer’s use of the InCharge app is subject to these terms and conditions and the third party provider’s general terms and conditions, both as amended from time to time. The third party’s terms and conditions are available to view via the InCharge app and/or the Apple App Store and/or Google Play, as the case may be.