EVIE LIFE Terms and Conditions.
Terms and Conditions:
1.1 These terms and conditions form the agreement between you and us: a) you are the person who
has signed up for the installation of a EV chargepoint via our website or have been referred to us by
a Partner. b) ‘we’, ‘us’ or ‘our’ is EvieLife (trading name of EvieLife Ltd). Our
address is Unit 11 Love Lane Industrial Estate, Love Lane, Cirencester, Gloucestershire, GL7 1YG
1.2 Capitalised terms used in this agreement are defined in clause 16.
1.3 You agree that we may change this agreement at any time.
We partner with several manufacturers to provide you with your chosen chargepoint and to ensure this product is commissioned to ensure you access full functionality.
2. Smart Chargers
3. Charger Eligibility
3.1 To be eligible for the installation of any charger you must comply with the following OZEV
Charger Eligibility Criteria at all times: a) you must comply with this agreement; b) you own, lease, or are the primary named driver of an electric vehicle or plug-in hybrid electric vehicle that is included in OZEVs eligible vehicle list. This includes salary sacrifice car schemes, designated use of a company car and most leasing arrangements. You will be required to provide proof of this; c) it is your responsibility to ensure the compatibility of your new electric vehicle with the charger you choose; d) the property where the charger is to be installed is a residential property; e) you own the property where the charger will be installed or you have the express written permission from the homeowner for an installation; f) you have obtained any necessary permissions from other third parties, including your insurance companies and mortgage providers. We won’t be responsible if we carry out work and you don’t have the necessary permissions. You’ll be responsible for any losses that you or we suffer as a result of you failing to get the right permissions; g) you reside in mainland England or Wales; h) there is a garage or other suitable private off street parking within your premises, (compliant to the conditions set by OZEV, allowing you to charge your vehicle safely without creating a trip or other health and safety risk to yourself or any other party), with modern household electrics; i) you will need to provide us with sufficient photographic information and evidence to satisfy us that you have a suitable place to install the charger in a private, off street parking space on your property; k) following the installation of a Smart Charger, and once we have registered the Smart Charger as “active”, you allow us to control your car charging as further explained in clauses 2.1 and 2.2; l) you declare that you will not claim the VAT back on the installation of the charging unit from HMRC.
4.1 We (or our subcontractors) will contact you to arrange the installation. You agree to allow our Installers to access your property to carry out a survey (if required) and the installation.
4.2 If we aren’t able to confirm whether you have a suitable location to install the charger from photographs you have sent to us (see clause 3.1(h)), we may, at our discretion, send an Engineer to carry out a survey.
4.3 There is a £75 cost associated with a survey; however, this £75 is deducted from the total cost of the completed installation. If a survey is required, we’ll provide you with a quote beforehand. We will do everything in our power to avoid having to complete an on site survey by providing our onboarding app to you. You’ll be responsible for these costs but aren’t under any obligation to proceed with the survey - though without one we may not be able to install a charger. In response to the COVID-19 pandemic, EvieLife Ltd is no longer completing site surveys to minimise repeat visits to the same site to reduce risk to our customers and Installers.
4.4 Whether we carry out the installation is subject to the findings of the survey. At our discretion, we may cancel any installation date we have given you and/or terminate this agreement based on the findings of the survey. We’ll let you know if this is the case and we can’t be held liable to you in any way if we don’t carry out an installation for these reasons. If the survey reveals that we cannot complete the installation or that the cost to you will increase significantly, we will refund the cost of
the survey. If however, we give you a quotation which includes necessary works and you choose not to proceed, we are under no obligation to refund the £75 deposit.
4.5 The Services shall be rendered in accordance with the specification set out in the accepted quotation and subsequent agreement (as may be amended by mutual agreement from time to
4.6 You must have a suitable space at your property for us to install the charger. We must be able to access the electricity meter or main fuse board to install power sensing and control hardware used to instruct the charger.
4.7 If your installation satisfies the following criteria, it will be considered a “Standard Installation”: a) the install location is less than 10m from your consumer unit (fuse box) and your internet router; b) the property’s consumer unit (fuse box) is not RCD protected and has a spare way for protecting the outgoing charge point circuit; c) you have a spare ethernet port on your internet router for us to connect the Smart Charger or suitable WiFi/Cellular data coverage for alternative products (if required); d) the cables from the charger can be surface mounted and clipped directly to that surface, i.e. not over any non-permeable material; e) there are no ground works required; f) the property has an earthing arrangement complying with current regulations; and g) the charge point will be fixed to the property and able to utilise the property’s earthing arrangement.
4.8 ‘Standard Installations’ usually take between 1 and 4 hours, although in some situations, they can take longer than this.
4.9 Installations which aren’t ‘Standard Installations’ may take longer than 4 hours and you may have to pay a fee for the additional work and time. We’ll provide you with a quote for the work in advance and you’ll be under no obligation to proceed.
4.10 If we aren’t able to complete an installation in a single appointment, we’ll make an additional appointment to complete the work. Subject to any fees we’ve told you about, you won’t be charged additional fees for this additional appointment.
4.11 If you can’t make an appointment, please contact us at least 48 hours before its scheduled time. If you fail to keep an appointment on more than two occasions, we may charge an additional fee.
4.12 We aren’t responsible for any losses you incur due to delays to your installation, however caused. We won’t pay any compensation if we can’t complete an installation during a scheduled appointment. Likewise, if we are unable to attend an appointment or installation date and have to reschedule, no matter how short notice, we aren’t liable for any costs incurred.
4.13 Our Installers will take reasonable care to carry out the installation without causing unnecessary damage. We’ll fix any unnecessary damage to your property that is directly caused by our negligence.
4.14 We shall ensure that the services are rendered with reasonable care and skill and to a reasonable standard which is commensurate with best trade practice.
4.15 We shall ensure that our Installers comply with any and all relevant codes of practice.
4.16 We won’t start or continue the installation if we believe there is a health and safety risk to our Installers, and we won’t return to complete the installation until that risk is resolved.
4.17 Following completion of the installation you have a period of 1 day within which to inspect the completed work and to notify us of any defects. The Electrician shall correct such defects at no additional cost to you.
4.18 If we are unable to complete the installation for any reason that is outside of our control, you may still be liable for reasonable costs we incur.
4.19 We expect payment in full, or a £75 deposit to be paid in advance of the installation. If a deposit is paid before installation, the balance remaining is due within a week of completed installation.
5. OLEV Grant
5.1 To have your OLEV funded EV chargepoint installed at the advertised price, you will need to ensure your installation meets the criteria of a ‘Standard Installation’, as defined in Section 4. You must also comply with all current OLEV Domestic Scheme Terms and Conditions. The link is included below and we ask all customers to ensure that they have read and understood these terms before proceeding. [gov.uk/government/collections/government-grants-for-low-emission-vehicles#electric-vehicle-homecharge-scheme].
5.2 Should your installation fall outside the above criteria, there may be additional charges for the extra work required. We only ever charge a cost price for the additional work and will not cut corners during the installation when it comes to your safety.
5.3 If your claim is rejected by OLEV for any reason and cannot be rectified, you will be requested to pay the £350 grant within 30 days of notification, or failing this, EvieLife Ltd will arrange for removal of the unit.
6. Use the Charger
6.1 Once we have carried out the installation and your account is paid in full, you will become the owner of the charger. You are responsible for it being used in accordance with these terms and conditions, including, but not limited to: a) following the manufacturer’s instructions and any other oral or written instructions we give you; b) not misusing, neglecting, tampering with or damaging the charger (including by disassembling it); c) not attempting to, and not allowing any third party to carry out any repairs, replacement, modifications or alterations on the charger in any way; d) ensuring the space surrounding the charger is suitable and safe for use, as instructed by us or our Installers.
6.2 The units we stock are available as both an untethered and tethered unit. At sign up, we’ll ask you which connection type you require (either untethered, or a type 1 or type 2 tethered cable). You are responsible for selecting the correct connection type for your electric vehicle; we cannot be held responsible if you select and allow us to go on to install the incorrect connection type for your current or any future vehicles.
6.3 In the event of any defects arising in the charger, which are caused by faulty design, manufacture or Installation, we’ll use reasonable efforts to rectify those, either through repair or replacement at our discretion, provided you have complied with your obligations under these terms and conditions and the defect is not caused by circumstances outside of our reasonable control. This does not affect any mandatory rights or remedies you have under consumer law.
6.4 If you have any problems with the charger you should alert us as soon as possible at email@example.com quoting the serial number, the date of installation and a brief description of the fault and our support team will get in touch with you to diagnose the problem and arrange a support visit if necessary.
7. Software and Firmware
7.1 Our Smart Chargers or its affiliates own and will continue to own the software, firmware and all intellectual property rights associated with the software and firmware. You have a limited right to use the Kaluza software in order to allow you to use the Smart Charger. You must not attempt to interfere with in any way, decompile or reverse engineer the Kaluza software.
7.2 The Kaluza software controls the Smart Charger by sending and receiving instructions about when to charge your vehicle battery. It receives information about when you plug in and unplug your vehicle, details of your chosen charging schedule and how long your car takes to charge.
7.3 All charge points that we supply use their own software to run. The manufacturer or its affiliates own and will continue to own the software, firmware and all intellectual property rights associated with the software and firmware. You will automatically opt in to sharing your data essential parties.
7.4 From time to time, we may update the software and/or firmware running on your Smart Charger. These updates may be to ensure your Smart Charger functions correctly; fix any issues that may arise; improve the way your Smart Charger works; add/remove data points that are reported by the device; add/remove further functionality; or for other reasons.
8. Your Warranty
8.1 Your charger is covered by a three-year manufacturers warranty. See the user manual provided with your charger for further details. Please contact firstname.lastname@example.org to make a warranty claim.
9. Removal of your Charger
9.1 If you would like the charger removed, please contact email@example.com and we may be able to provide you with a quote for the removal work.
10. Moving out of your property
10.1 If you are moving out of your property, please contact us if you’d like to take your charger with you. We may be able to provide you with a quote for removing your charger and reinstalling at your new property. This is a requirement in order to maintain your warranty at the new property.
11. Agreement termination
11.1 We may terminate this agreement with immediate effect if you breach any of your obligations under this agreement. We may also need to change this agreement due to external factors such as chargepoint availability or EVHS grant changes.
11.2 You can cancel this agreement during the “cooling off period”, provided that our Installers have not already installed the charger and you have not told us that you would like us to start work before your cooling off period ends. The cooling off period runs from the day after this agreement and continues for 14 days.
11.3 If you have asked us to start work before the end of the cooling off period, you’ll be asked to make an “express request” confirming that you are happy for work to begin during the cooling off period. If you make an “express request” for the work to start you can still cancel within the cooling off period, as long as the installation is not completely finished. However, if you do cancel after making the “express request” you will be liable for any work performed up to the point of cancellation.
11.4 If you cancel this contract within 24hrs or on the same day or after work has started, we will charge you £75 for a rebooking and/or our reasonable costs for: a) any work already carried out; b) any goods already installed into your property.
12. Our Liability
12.1 We won’t be responsible for: a) any failure of the charger to function correctly, including the Smart Features for a smart charger; b) any costs, loss or damage you suffer as a result of events outside our reasonable control. Matters outside our reasonable control include: severe weather conditions; epidemics; civil disorder; terrorist activity; hacking, tampering or other unauthorised access or use of the Kaluza Software or charger; war; acts or omissions of electricity network operators, and government action; c) any costs, loss or damage you suffer as a result of not using the charger in line with our instructions and this agreement; d) any loss or damage to your property (including your property and electric vehicle) as a result of the installation or use of the charger; e) any costs, loss or damage you suffer as a result of your broadband internet connection being insufficient in quality, capacity or speed to support the Smart Charger offer and/or your use of the Smart Charger results in you exceeding the permitted data limit on your broadband; or f) for any loss or damage you suffer caused by us, our Engineer or agents to the extent such loss or damage results from any breach by you of this agreement.
12.2 We aren’t liable, whether caused by breach of contract, negligence, breach of statutory duty or otherwise, for any; a) loss or damage that we couldn’t reasonably have expected would result from breach of this agreement at the time you entered into it; b) any loss of business or profit; c) any indirect or consequential losses which you or anyone else suffers.
12.3 Nothing in this agreement will affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.
12.4 Our maximum aggregate liability (including for negligence and breach of statutory duty) is limited to £10,000 for each unconnected event that we’re directly responsible for, or £10,000 in total for any connected series of events that we are directly responsible for, and which has caused you loss or damage.
13. Complaints procedure
13.1 You can submit a complaint in writing or over the phone by writing to us at EvieLife Ltd, Unit 11 Love Lane Industrial Estate,
Love Lane, Cirencester, Gloucestershire, GL7 1YG
3.2 We’ll aim to respond to your complaint within three working days of receipt. We aim where possible, to resolve your complaint in full, within 30 days.
14. Other conditions
14.1 We can transfer any of our rights or obligations under this agreement without your permission. However, you must not transfer your rights or obligations under this agreement to anyone without our permission.
14.2 If we need to give you a notice for any reason in connection with this agreement, we may deliver it by hand or use the postal address and/or email address you have given us most recently.
14.3 If we post a notice to you, it will be assumed to have been delivered two working days after it was posted.
14.4 If we deliver a notice to you by hand or by email, it will be assumed to have been delivered immediately when it was delivered or sent to the most recent address we have for you (as applicable).
14.5 This agreement, and any documents explicitly referred to in it, is the entire agreement between you and us in relation to the charger.
14.6 Nothing in this agreement affects our legal rights or powers. Nothing in this agreement affects any of your statutory rights that can’t be excluded by law.
14.7 If any part of this agreement is void or unenforceable, the rest of the agreement will be unaffected.
14.8 This agreement is governed by the laws of England and Wales if your property is in England or Wales, and in Scotland if your Property is in Scotland. If there is any dispute between us, it will be dealt with by the courts of England and Wales if your property is in England or Wales, and by the courts of Scotland if your Property is in Scotland.