These Terms and Conditions apply to every property owner (“Host”) and customer (“Customer”) who choose to use the peer-to-peer platform created and provided by EVCME (“Charging Platform”) in order to connect Hosts who wish to make available for rent an electric vehicle charging station (“EV Charging Station”) with Customers who wish to rent EV Charging Stations. EVCME’s Charging Platform connects such Hosts and Customers, and then facilitates their entry into a transaction (“Charging Transaction”) by which the Customer rents an EV Charging Station from a Host for a defined time-period on stated pricing terms. By using the Charging Platform, a Host and Customer thereby agree to the following Terms and Conditions, as modified from time to time by EVCME. These Terms and Conditions constitute the “Agreement” between EVCME, Host, and Customer (each a “party” and collectively the “Parties”).
Roles and Responsibilities:
EVCME: By making its Charging Platform available to Hosts and Customers, EVCME is facilitating a peer-to-peer connection between Host and Customer so that they may consider, and if they so choose, enter into a Charging Transaction by which Customer agrees to use Host’’ EV Charging Station based on the Host’s representations about its EV Charging Station and the pricing terms offered by Host. EVCME is not a party to any Charging Transaction. EVCME is not responsible for, and makes no promises or warranties about, a Host’s EV Charging Station’s capacity or the pricing terms offered by a Host.
Host: By using EVCME’s Platform, Host agrees that EVCME may publish and disclose through the Charging Platform the Host’s property address, pictures of the Host’s property and EV Charging Station, the Host’s representations about its EV Charging Station, and the Pricing Terms that Host establishes according to its sole discretion. In addition, Host agrees: (i) to enter into a Charging Transaction with any Customer who agrees to the Host’s Pricing Terms; (ii) to provide reasonable access and availability to its property and EV Charging Station in the event that a Customer enters into a Charging Transaction with Host; and (ii) that the information Host provides regarding the location and charging capacity of the Host’s EV Charging Station shall be accurate to extent known by Host. EVCME reserves the right, but shall be under no obligation, to inspect and verify any of the information provided by Host regarding their EV Charging Station.
Host also agrees that Host will, at its own cost, purchase and install EVCME’s “Smart Box” equipment that will provide Customers with access to Host’s EV Charging Station pursuant to a Charging Transaction. Host agrees that all EV charging equipment that will be used in conjunction with EVCME’s Smart Box will be professionally installed. Host is also responsible for all utility charges and taxes associated with the electrical use and revenue for the Charging Transactions to which it is a Party.
Customer: By using the Charging Platform, Customer agrees that: (i) EVCME may collect the personal and financial information Customer provides to EVCME; (ii) EVCME may establish a pre-paid account (“Pre-Paid Account”) for Customer that Customer will use to deposit funds into and that will be maintained by EVCME in an account that is held by a bank [we should probably use an FDIC insured bank]; and (iii) EVCME may, after Customer enters into a Charging Transaction, debit funds from the Customer’s Pre-Paid Account to pay Host for the Charging Transaction that Customer entered into with the Host.
Communications: All communications between Host and Customer shall take place within the communications system in the Charging Platform. Host and Customer shall not engage in direct communications outside of the communication system in the Charging Platform.
Feedback: EVCME’s Charging Platform and its users rely on feedback from Hosts and Customers regarding their Charging Transaction experiences. Accordingly, every Host and Customer may provide feedback regarding every Host and Customer about whom they have information, and such feedback may be publicly disclosed in the Charging Platform. All Hosts and Customers who share feedback, hereby agree that such information shall be honest and accurate to the extent known by the Host or Customer sharing the information. EVCME reserves the unilateral right, but shall be under no obligation, to review, screen, and delete any feedback pursuant to its sole discretion and authority. Furthermore, EVCME reserves the right, but shall be under no obligation, to remove any Host or Customer from the Charging Platform if EVCME determines, in its sole discretion, that the Host or Customer has posted feedback that is false, misleading, dishonest, malicious, or is designed to injure or harm another Host or Customer.
Charging Transactions:
Pricing Rates: The Pricing Rates for each Charging Transaction are established by Host according to their sole and exclusive discretion. EVCME has no authority over, or responsibility for, the Pricing Rates for any Charging Transaction entered into by a Customer.
Location & Accessibility: The location and accessibility information for each EV Charging Station is provided by Host according to their sole discretion. EVCME has no authority over, or responsibility for, the location and accessibility information that is provided by Host.
Payment Process: Once Customer has entered into a Charging Transaction, Customer hereby authorizes EVCME to debit from the Customer’s Pre-Paid Account the funds needed to pay Host the Pricing Rate to which Customer agreed.
EVCME Fee: As compensation for Customer’s and Host’s use of the Charging Platform, EVCME shall charge a fee equal to fifteen percent (15%) of the Pricing Rate for every Charging Transaction. EVCME’s fee shall be due and payable once a Customer enters into a Charging Transaction. Customer hereby authorizes EVCME to withdraw the funds from Customer’s Pre-Paid Account to pay for such fee once Customer has entered into a Charging Transaction.
Access to Host Property & Use of the EV Charging Station During the Charging Transaction: Once Customer has entered into a Charging Transaction, the Charging Platform shall provide Customer with instantaneous access to the EV Charging Station through the Smart Box, and Customer shall have the right to enter onto Host’s property to access the EV Charging Station. Customer shall then have uninterrupted access to use the EV Charging Station throughout the time period that Customer has selected for the Charging Transaction. At the conclusion of the selected time period, Customer’s access to Host’s property and the EV Charging Station will have terminated.
Non-Disturbance & Privacy: Customer hereby agrees that Customer shall not disturb or violate the privacy of Host, or any of Host’s neighbors, during the time that Customer is using Host’s EV Charging Station as part of a Charging Transaction. Customer also agrees that Customer shall not leave any trash or debris, or otherwise disturb or impact the property of Host while Customer is using Host’s EV Charging Station.
Disclaimer & Acceptance of Risk: EVCME is not responsible for the truthfulness or accuracy of any information provided by Host with regard to its EV Charging System, including its location, access, and its charging capacity. Nor is EVCME responsible for the area surrounding the Host’s EV Charging Station. Customer enters into a Charging Transaction and uses a Host’s EV Charging Station at Customer’s own risk and Customer hereby agrees to release, hold harmless, and indemnify EVCME from any and all damages that Customer may incur during Customer’s use of Host’s EV Charging Station. EVCME is not responsible for any theft, crime, vandalism, injuries, or other damages experienced or suffered by Host or Customer, or to their property, during Customer’s use of Host’s EV Charging Station.
Host’s Property: Host agrees that, during its use of the Charging Platform, Host shall maintain property owner’s insurance coverage for the property where the EV Charging Station is located. EVCME reserves the right, but is under no obligation, to request proof of such insurance coverage.
General Terms and Conditions:
Use & Ownership Rights: EVCME is the sole and exclusive owner of all content and intellectual property associated with the Charging Platform. EVCME is providing Host and Customer each with a non-exclusive and revocable license to use the Charging Platform solely for purposes of considering, and if they so choose, entering into, Charging Transactions. Host and Customer agree to defend, hold harmless, and indemnify EVCME for any damages or claims arising because of, or caused by, their use of the Charging Platform for any purposes in violation of this Agreement.
Warranty Disclaimer: Except as expressly set forth herein, EVCME disclaims any warranty regarding the Charging Platform. EVCME is providing Host and Customer with access and use to the Charging Platform in its “as is” condition that exists when it is accessed or used by Host or Customer. EVCME expressly states that the Charging Platform is in development and is a work in progress whose functionality may vary and change over time. To the maximum extent permitted by applicable law, EVCME disclaims all representations, warranties and covenants, whether express or implied, including any warranty of merchantability or fitness for a particular purpose, title, or infringement, except as expressly provided for in this Agreement.
Privacy Policy: EVCME represents and warrants that it shall use the information provided to it by Host and Customer solely for purposes of the Charging Platform, and EVCME shall not use or disclose such information for any purposes not related to the Charging Platform. EVCME also represents and warrants that if Host or Customer provide EVCME with any confidential information, then EVCME shall use reasonable methods and practices to preserve the confidential nature of such information, and such methods and practices will be no less safe or secure than the methods and practices that EVCME uses to keep its own confidential information safe and secure.
Integration: These Terms and Conditions constitute the full and final agreement between the Parties with respect to the matters addressed herein and they supersede any previous oral or written statements or prior agreement between the Parties related to such matters.
Termination: According to their sole discretion, and at any time, Host or Customer may terminate their use of the Charging Platform without any penalty. However, even after they terminate their use of the Charging Platform, the Host’s or Customer’s prior Charging Transactions to which they entered into, shall continue to be governed by this Agreement.
Limitation of Liability: In no event will any party be liable to another party for any indirect, incidental or consequential damages or for any loss of profits, revenue, data, business or use arising out of this agreement even if such party has been advised of the possibility of such damages. In no event will EVCME’s liability arising out of this Agreement exceed the total value of payments received by EVCME for Charging Transactions entered into by that Party claiming damages, during the prior twenty-four months.
Indemnity, Release & Hold Harmless: EVCME, Host and Customer hereby each indemnify, release, and agree to hold harmless the other Parties from any and all claims and damages arising from their own negligent or willful acts, or their breach of this Agreement.
Breach & Attorneys’ Fees: In the event that a Party breaches this Agreement, the non-breaching Party shall provide notice of such breach and the breaching Party shall then have a period of twenty-one (21) days to cure the breach. In the event of a breach of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and litigation costs.
Dispute Resolution: Any dispute, claim or controversy arising out of or relating to this Agreement, shall be determined by arbitration to be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Arbitration shall take place at the JAMS office in Denver, Colorado, or at an alternative location agreed to by the Parties.
Governing Law: This Agreement is governed by the laws of the State of Colorado, without reference to its conflicts of laws principles.
Severability; Amendment; Waiver; Full Agreement: If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect. This Agreement can be modified only by a written amendment signed by all Parties. A Party may only waive one of its rights or remedies in this Agreement through a writing executed by that Party.
Modifications: EVCME retains the right, and intends, to modify these Terms and Conditions from time to time according to its sole and complete discretion. Once EVCME has published modified Terms and Conditions on its Charging Platform, those modified Terms and Conditions are in full legal effect and are binding on Host and Customer.