Octopus Energy Limited - General Terms and Conditions for Electroverse

Definitions

"Application" means an application for the use of Electroverse completed by you and submitted to us over the internet or made with us on the telephone or in person.

Authentication” means the process of an EV Charge Point authenticating you as a user in order to give you access to the service.

"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 being a calculation based on time and/or total energy consumed at an EV Charge Point, 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 Electroverse 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.

Electric Universe” or “Electroverse” is the name given to the entire product offering, which consists of a method for you to access multiple electric vehicle charging networks and for the charges associated with your usage of those networks to be included on a single bill. The physical card that you may use to access a number of public charging networks is referred to as the ‘RFID Card’.

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

EV” means electric vehicle.

Home Energy Customer” means an individual who has a contract with Octopus Energy for the supply of electricity and / or gas to a property that they live in, own or rent.

"Payment Method" means the way you choose to pay your bill – this could be Variable Direct Debit, or by Credit or Debit Card.

"Privacy Policy" means our policy on how we manage your personal data.

RFID Card” means a unique radio-frequency identification card provided to you by Octopus that is associated with you and your account uniquely and can be used to access EV Charge Points.

"Statement of Account" this documents the Charges that are associated with your use of Electroverse for that month.

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 used in the previous month.

"Working Day" means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day that is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971.

"we", "us", "our" and “Octopus Energy” in each case refers to Octopus Energy Limited (company number 09263424), 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 person or persons named on the Application or any persons notified to us from time to time and accepted by us.

1. Introduction

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

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

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

2. Contract Start Date

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

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

2.2.1. Register your details (including name, email and country) as part of the Application process;

2.2.2. Provide us with an address that allows you to receive the RFID Card by post 

2.2.3. Have a mobile phone that gives you access to third party apps;

2.2.4. Either provide Octopus with any information and permissions we require to take payments via monthly direct debits from your chosen bank account, or make payments to Octopus by credit or debit card by the payment due date we tell you;

2.2.5. Make any changes to your direct debit or contract via email, phone or your online account; and

2.2.6. Keep all your personal details accurate and up to date.

3. Accessing the EV Charge Points

3.1. To make use of the EV Charge Points, you 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.

3.2. We will not be able to grant you access to Electroverse if we have not obtained all the information we need to initiate access.

4. Our Prices and Charges

4.1. Our charges for your use of the EV Charge Points will vary based on the Charge Point Operator that you are using.

4.2. Charges are based on the Charging Data Record we receive from the relevant Charge Point Operator. 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.

4.3. We may round calculations to 4 significant figures to present charges clearly. For example, unit prices may be round to the nearest 0.01p and monthly amounts may be rounded to the nearest penny.

4.4. 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:

4.4.1. Octopus will issue a new RFID Card to you when you sign up. We will issue additional or replacement cards within 14 days of them being requested, and we may charge you £4 per card;

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

4.4.3. Any reasonable costs we incur (including administration cost) because you failed to meet the Terms and Conditions of this Contract.

4.4.4. VAT is also payable at the applicable rate.

4.5. If your employer or fleet manager has entered into an agreement with Octopus to reimburse you for the cost of charging your vehicle when used for business purposes, you agree and accept that Octopus shall only reimburse to you any money that is actually received by Octopus from your employer or fleet manager for this purpose. You acknowledge that the extent of reimbursement is a matter solely between you and your employer or fleet manager. Notwithstanding any payments to Octopus by your employer or fleet manager, you have sole responsibility for paying all Charges.

5. Payment Method

5.1. If you are a Home Energy Customer as well as a customer of Electroverse the Charges associated with your use of Electroverse will be added to your home energy bill and you will pay via the same method that you have chosen to pay for your home energy supply (unless you have made alternate payment arrangements with us). 

5.2. If you are not a Home Energy Customer, you will be required to pay by credit or debit card at the end of each monthly billing period, unless we agree an alternative payment arrangement with you.

5.3. If you pay by Direct Debit, we typically set your direct debit amount based on the amount of charging you have done in the previous month. We will issue your statement at least five Working Days before the direct debit is due to come out of your account and your direct debit amount will be shown on your statement. You should contact us if you believe your bill is incorrect.

5.4. If your direct debit fails due to insufficient funds, we will let you know and re-present the automated instruction within five Working Days. You are responsible for ensuring that the direct debit can be paid in full on the due date.

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

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

6. Non-Payment of Charges

6.1. If you are using Variable Direct Debit as your Payment Method and do not pay for your use of Electroverse on time, we may:

6.1.1. Require that you bring your account into good order and we may change the nature of your direct debit arrangement so that it collects the full amount of your bill each month plus any debt outstanding on your account;

6.1.2. Change the amount of your direct debit or other payment arrangement you have with us to recover the sum due to us;

6.1.3. Offer you a payment plan according to your circumstances;

6.1.4. Charge you £15 for the first missed payment and £20 for each missed payment after that;

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

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

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

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

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

6.1.10. Disconnect or suspend your ability to use Electroverse.

6.2. If you are having difficulty in paying your bill, please let us know as soon as possible and we can discuss ways that might help make paying your bills more manageable. We will provide all such help and assistance as we can in order to avoid disconnecting and suspending your access to Electroverse.

7. Changing the Contract

7.1. We can change the terms of your Contract at any time, which may include situations where it is necessary for us to comply with any laws, or other rules that we are obliged to follow.

7.2. We will inform you of any changes and the latest copy of our Terms and Conditions will be available on our website.

7.3. 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 without penalty.

8. Ending or Suspending the Contract

8.1. You may end this Contract at any time as long as all sums due to us have been paid, but you won’t be able to use Electroverse any more.

8.2. We may end this Contract immediately if:

8.2.1. You are in material breach of the Contract;

8.2.2. You did not pay us what you owe us when it was due;

8.2.3. We decide to stop offering the services provided under this Contract and/or

8.2.4. For any other reason provided we give you 14 days notice.

8.3. We may suspend your access to Electroverse if:

8.3.1. You have not paid for your usage to date;

8.3.2. You are in material breach of the Contract;

8.3.3. We have reason to believe you may have damaged or tampered with the EV Charge Points; and/or

8.3.4. We are required to do so by any law, code or agreement.

8.4. If we suspend your access, you are required to pay:

8.4.1. Any outstanding amounts owed to us; and

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

9. Customer Service and Support

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

9.2. 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.

9.3. If you require guidance, service, or support on how to use any particular EV Charge Point, you 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.

9.4. 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.

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

10. Complaints

10.1. We hope you don’t have any need to complain, but if you do wish to make a complaint, please email hello@theelectroverse, or phone us on 0808 164 1088 between 9am and 5pm, Monday to Thursday and 9am to 4pm on Friday and we will do our best to resolve the issue with you.

11. Your Information

11.1. You 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://octopus.energy/policies/privacy-policy/ and as set out in these terms.

12. Our Liability

12.1.We will not be liable to you for:

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

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

12.1.3.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

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

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

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

13. Miscellaneous

13.1.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.

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

13.3. 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.

13.4. 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.

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

13.6. 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.

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