Octopus Electroverse Limited - General Terms and Conditions for Electroverse for Business

Version 1.0 – Last updated 4 January 2024

Definitions

“Application” means an application for the use of Electroverse for Business, completed by you and submitted to us over the internet.

“Charge Point Operator” refers to an operator or operators of charging hardware and their associated charging network.

“Charges” means the charges for the use of Electroverse for Business for you and your Drivers, and includes of the Subscription Fee, Driver Charges and and other ancillary costs, for example parking or plug-in fees.

“Charging Data Record” means information relating to a single (or multiple) charging session(s), sent to us by the relevant Charge Point Operator.

“Contract” means this contract, which governs our services for providing Electroversee to you and your Drivers, and the associated Charges.

“Contract Start Date” means the date on which the Contract is entered into by you and us, and becomes a legally binding agreement.

Driver” means any of your employees, directors, contractors or other officers who are authorised to use Electroverse  under this Contract.

Driver Charges” means the fees for charging an EV and is a calculation based on time and/or total energy consumed at an EV Charge Point. These charges will vary based on the Charge Point Operator that you are using.

“Electroverse for Business” is the name given to the entire subscription service for businesses, which consists of the Electroverse Platform which allows business managers to manage their drivers, charging and centralized  payments. “Electroverse” allows your drivers  to access multiple electric vehicle charging networks.

Electroverse Platform” means the software platform for Electroverse, which enables users to access and charge their Evs at charging stations;

“EV Charge Point” means equipment that provides electric charging for plug-in electric vehicles.

“EV” means electric vehicle.

“Payment Method” means the way you pay your bill, which must be by Variable Direct Debit unless otherwise agreed with us.

“Privacy Policy” means our policy on how we manage personal data.

“RFID Card or Electrocard” means a physical unique radio-frequency identification card provided to you by Octopus Electroverse that is associated with you and your Drivers’ accounts uniquely and can be used to access EV Charge Points.

"Statement of Account" this documents the Charges that are associated with your and your Drivers’ use of Electroverse for that billing period.

Subscription Fee” means any or all of the subscriptions provided by us as part of Electroverse for Business, which can be accessed via the Electroverse Platform.

“Variable Direct Debit” means a Payment Method by which you enable us to initiate and collect direct debit payments from you, based on the amount of charging you and your Drivers have used in the previous month.

“Working Day” means any day other than a Saturday, a Sunday, or a bank holiday in England and Wales.

“we”, “us”, “our” and “Octopus Electroverse” in each case refers to Octopus Electroverse Limited (company number 15274675), having its registered address at UK House, 5th Floor, 164-182 Oxford Street, London, W1D 1NN.

“you”, “your” and “Customer” in each case refers to the business named on the Application.

  1. Introduction

    1. These Terms and Conditions and the applicable Charges for Electroverse for Business shall form the Contract between you and Octopus Electroverse and govern you and your Drivers’ access to, and use of, Electroverse for Business. The definitions at the start of these Terms and Conditions apply.

    2. Please read these Terms and Conditions carefully so that you fully understand your commitments and our responsibilities. 

    3. You are responsible for making sure your Drivers are aware of and agree to comply with these Terms and Conditions and our Privacy Policy.

    4. The EV Charge Points are owned by the respective Charge Point Operator, who is responsible for their operation and maintenance. 

  2. Contract Start Date

    1. Your Contract with us starts when you accept these Terms and Conditions as part of our Application process.

    2. To be eligible for Electroverse for Business you must be a company incorporated in England, Wales, Scotland or Northern Ireland.

    3. By agreeing to this Contract, you are agreeing that you will:

      1. register your company details (including company name and number, email and country) as part of the Application process;

      2. set up a Variable Direct Debit with us before you can access Electroverse for Business; 

      3. provide us with the full name and email of your Drivers;

      4. provide us with an address that allows you to receive the RFID Cards by post;

      5. ensure your Drivers are aware they need a mobile phone that gives access to the Electroverse mobile app on iOS or Android;

      6. provide Octopus Electroverse with any information and permissions we require to take payment by Variable Direct Debits from your chosen bank account;

      7. make any changes to your direct debit or contract via email, phone or your online account; 

      8. keep all your and your Drivers’ personal details accurate and up to date; 

      9. inform us if a Driver leaves your business, and ensure you retrieve their RFID Card so this can be reused; 

      10. ensure that you have obtained consent from your Drivers to share their personal data with us and that you have made them aware that their charging data can be viewed by the business, which includes information such as time, location and cost of charge. By adding a Driver to the Electroverse Platform, you are confirming you have received their consent to do so. 

    4. Ensure that all your Drivers comply with Electroverse’s general customer Terms and Conditions, which can be found here: https://electroverse.octopus.energy/legal/terms.

  3. Accessing the EV Charge Points

    1. To make use of the EV Charge Points, you and your Drivers will need to use the RFID Card or an internet-based authentication system, on Charge Point Operator networks that we work with, to start and stop charging.

    2. We will not be able to grant you or your Drivers full access to Electroverse if we have not obtained all the information we need to initiate access.

  4. Our Prices and Charges

    1. You are responsible for payment of all Charges you and your Drivers incur under this Contract. 

    2. Electroverse for Business is provided by way of a subscription service, and the Subscription Fee is provided to you during your Application process. You will be able to see all the details of your Electroverse subscription in your online Electroverse account.

    3. Your subscription will automatically renew each month unless you cancel it. Please contact us at fleets@theelectroverse.com to cancel the business account. 

    4. The Charges you owe are calculated on a monthly basis. If you have a Driver active for any part of a month, you must pay the full months’ Subscription Fee for that Driver. 

    5. As soon as you deactivate a Driver, they will lose access to Electroverse for Business, both in the app and via their RFID card.

    6. You are fully responsible for all Driver Charges your Drivers incur using the Electroverse network, whether via their RFID Card, In-App, linked to your business’s account. 

    7. Driver Charges are based on the Charging Data Record we receive from the relevant Charge Point Operator. Driver Charges are made up of, but not limited to: volume of energy consumed, connection fees, time spent charging, and parking fees. Electroverse sets the applicable energy and time-based rates, which can be found on our Electroverse app and on the relevant EV Charge Point.

    8. We can also charge you for other reasonable costs under certain circumstances. We will tell you how much such charges are at the time and will provide a breakdown of the costs if you ask us for one. These can include costs arising from the following:

      1. additional or replacement RFID cards. We will issue one RFID Card per Driver when you sign up and have registered your Variable Direct Debit with us. We will issue additional or replacement cards within 14 days of them being requested, and we may charge you for these replacements. We also reserve the right to charge for or recall cards that have not been assigned or activated;

      2. Charges we are required to pass on to our customers by law or regulation or a regulatory authority; and

      3. Any reasonable costs we incur (including administration costs) because you or any of your Drivers failed to meet the Terms and Conditions of this Contract.

    9. VAT is payable at the applicable rate.

  5. Payment Method

    1. You will be required to pay by Variable Direct Debit according to a monthly payment schedule, unless we agree an alternative payment arrangement with you.

    2. Once a month, we will add an Invoice in the “Invoices” section of your online account. This will include all charging history and Subscription Fees for the preceding month. 

    3. If your Variable Direct Debit fails due to insufficient funds, we will contact you to resolve the outstanding balance. We may restrict your access to the business platform and your Drivers may be prevented from charging. You are responsible for ensuring that the Variable Direct Debit can be paid in full on the due date.

    4. We reserve the right to refuse to process any transaction we deem fraudulent or suspicious.

    5. We will act in accordance with the Direct Debit Guarantee.

  6. Non-Payment of Charges

    1. If your Payment Method fails and we are unable to take payment we may:

      1. Take such steps as are necessary to recover the sums due to us, which may include employing a debt collection agency;

      2. Provide information about your non-payment to credit reference agencies, which may impact your ability to get credit in the future;

      3. Recover from you all costs incurred by us in pursuing your non-payment, including bank charges due to cancelled or failed payments;

      4. Charge interest at the rate of 4% above the Bank of England Bank base rate at the relevant time on all outstanding charges;

      5. Switch your Payment Method to a different payment method, which may include requiring you to pay in advance; and/or

      6. Disconnect or suspend your ability to use Electroverse for Business, for you and your Drivers.

  7. Changing the Contract

    1. We can change the terms of your Contract at any time, which may include changes to the Subscription Fee, and situations where it is necessary for us to comply with any laws, or other rules that we are obliged to follow. We will give you at least one months’ notice of any change to the Subscription Fee.

    2. The latest copy of these Terms and Conditions will be available on our website.

    3. If we propose to make changes to your Contract that are not to your advantage, we will give you reasonable notice of the changes. If you do not agree with the changes, you can stop using Electroverse for Business without penalty, however you will still be required to pay any outstanding Charges.

  1. Ending or Suspending the Contract

    1. You may end this Contract at any time as long as all sums due to us have been paid, but you and your Drivers won’t be able to use Electroverse anymore. Cancellation will take effect at the end of the subscription month in which you cancel it so you can continue to use your existing subscription until your subscription month has expired. 

    2. You also have the right to cancel your Electroverse for Business subscription for any reason, within 14 days of the date of your subscription starting (the “Cooling-off Period”). 

    3. If you cancel during the Cooling-off Period, but any Driver Charges have been incurred during that time, you are still responsible for paying those Driver Charges in full. 

    4. We may end this Contract or suspend your access to Electroverse for Business immediately if:

      1. You or any of your Drivers are in material breach of this Contract;

      2. We discover you do not (or have never) met the eligibility criteria specified in clause 2.2;

      3. You have not paid what you owe us when it was due;

      4. We have reason to believe you or any of your Drivers may have damaged or tampered with the EV Charge Points; 

      5. We are required to do so by any law, code or agreement; and/or

      6. for any other reason, provided we give 1 month’s notice. 

      7. If we suspend your access to Electroverse for Business under clause 8.2, you will be required to pay:

      8. Any outstanding amounts owed to us; and

      9. Our reasonable costs to suspend you and/or to restart your access later.

    9. Customer Service and Support

    1. The EV Charge Points are the property of the respective Charge Point Operator.

    2. We are not responsible for the maintenance or proper functioning of the EV Charge Points and accept no liability in relation to your use of the EV Charge Points. The Charge Point Operator is fully responsible for the maintenance and proper functioning of the EV Charge Points.

    3. If you or your Drivers require guidance, service, or support on how to use any particular EV Charge Point, you/they will need to contact the relevant Charge Point Operator. Their customer services contact details are available online, and are often advertised on the EV Charge Point itself.

    4. We are responsible for the maintenance and proper functioning of your Statement of Account. If you require service or support related to your Statement of Account, please contact us directly.

    5. We are also responsible for issuing you with RFID Cards. In the event that you require additional or replacement RFID Cards, please contact us directly.

    10. Complaints

    1. We hope you don’t have any need to complain, but if you do wish to make a complaint, please email fleets@theelectroverse.com, and we will do our best to resolve the issue with you.

    11. Your Information

    1. You and your Drivers agree that we may use any personal data that you provide to us in accordance with our Privacy Policy which is available on our website at https://electroverse.octopus.energy/legal/privacy and as set out in these terms.

    2. You will ensure that you have obtained consent from your Drivers to share their personal data with us before uploading this to the Electroverse Platform.

    12. Our Liability

    1. We will not be liable to you for:

      1. Any loss due to circumstances beyond our control (Force Majeure event);

      2. Any loss which is indirect, consequential, economic or financial including loss of profit, revenue, goodwill, business, contractor wasted expenses;

      3. Any loss which was not or could not have been reasonably foreseen even if we, our employees, subcontractors or agents did not follow this Contract; or

      4. Any loss caused by the malfunction, interruption, disruption or failure of the EV Charge Points or RFID Card availability or operability.

    2. If you suffer any loss or damage, our responsibility to you will be limited to a maximum of £5,000 in any calendar year.

    3. We do not limit or exclude liability for death or personal injury caused by our negligent acts or omissions.

    13. Miscellaneous

    1. We may transfer, subcontract, assign or novate any or all of our rights (including the right to recover the charges) or obligations under the Contract without your consent, but this will not affect your rights under the Contract.

    2. You may not transfer the Contract or any of your rights under it without first obtaining our written consent.

    3. If we do nothing, or delay taking action, when you breach the Contract, we will still be entitled to take prompt action to enforce a similar or subsequent breach of the Contract by you.

    4. Notices to you under this Contract will be sent by post or hand to the billing address, or in the case of email to the last known email address that you have provided.

    5. Notices to us under this Contract must be sent by post to Octopus Electroverse Limited, UK House, 5th Floor, 164-182 Oxford Street, London, W1D 1NN.

    6. If any part of this Contract is declared invalid or is void or unenforceable, the validity of the rest of the Contract will not be affected.

    7. The laws of England and Wales apply to this Contract and any disputes arising shall be dealt with exclusively by the English courts.