CHARGEPLACE SCOTLAND TERMS AND CONDITIONS

1.                THESE TERMS

1.1             Definitions. The definitions which apply to and which are used in these terms are included in Part 1 of the schedule to these terms.

1.2             What these terms cover. These are the terms and conditions on which we supply the Services to you.

1.3             Why you should read them. Please read these terms carefully before you accept them or sign up to receive the Services from us. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or if you have any questions about these terms, please contact us to discuss this.

2.                INFORMATION ABOUT US AND HOW TO CONTACT US

2.1             Who we are. We are SWARCO Smart Charging Ltd, a company registered in England and Wales. Our company registration number is 14479077 and our registered office is at 1 Maxted Corner, Maxted Road, Hemel Hempstead Industrial Estate, Hemel Hempstead, England, HP2 7RA. Our registered VAT number is 428 4031 14.

2.2             How to contact us. You can contact us by telephoning our customer service team at 0141 648 0750 or by writing to us at admin-cps@swarco.com or at 1 Maxted Corner, Maxted Road, Hemel Hempstead Industrial Estate, Hemel Hempstead, England, HP2 7RA

2.3             Our role as a CPNO. We are a CPNO operating the CPS Network and providing the Services to you for and on behalf of Transport Scotland (acting on behalf of Scottish Ministers).

2.4             Who Transport Scotland is. Transport Scotland is an agency of the Scottish Government, namely the national transport agency for Scotland.

2.5             How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us when you signed up to receive the Services from us.

2.6             “Writing” includes e-mails. When we use the words “writing” or “written” in these terms, this includes e-mails.

3.                OUR CONTRACT WITH YOU

3.1             How you agree to receive the Services from us. In order to receive the Services you must sign up as a User on our website (www.chargeplacescotland.org). When you do so you accept these terms. We cannot provide the Services to you if you do not accept these terms. When you have accepted these terms and we have started to provide the Services to you a contract will come into existence between you and us on the basis of these terms (the “Contract“).

3.2             If we cannot provide the Services to you. If we are unable to accept you as a User, we will inform you of this and will not charge you for the Services. This might be because of, among other things, unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services.

3.3             We only sell to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not provide the Services outside the UK.

3.4             Changes to these Terms and the Contract. We may revise these terms from time to time as required by us and will give you at least one (1) months’ notice of any changes to these terms before they take effect.

4.                THE SERVICES

4.1             Pictures on our website. The images on our website are for illustrative purposes only.

4.2             Provision of the Services. We will supply the Services to you for the duration of the Contract which will come into existence in accordance with condition 3.1 above and may be terminated in accordance with conditions 8 and 10 below.

4.3             Availability of the Services. Subject to our rights to suspend or terminate the Services in accordance with conditions 4.6, 7 and 10 below, we will make every effort to provide the Services to you but please be aware there may be delays in provision of the Services or times when the Services are unavailable

4.4             We will aim to contact you in advance to let you know if the Services are going to be or are unavailable for any period of time unless we are unaware the Services are unavailable or are going to be unavailable or in the case of an emergency in which case we will contact you as soon as reasonably possible to let you know that the Services are not available.

4.5             We are not responsible for unavailability of the Services or delays outside of our control. If our supply of the Services is delayed or if the Services are unavailable due to an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or lack of availability. Provided we do this we will not be liable for delays caused by the event, but if the Services are not available for a period of six (6) months due to an event outside our control you may contact us to end the Contract and receive a refund for any Services you have paid for but have not received.

4.6             What will happen if you do not give required information to us or a relevant third party. We may need certain information from you so that we can supply the Services to you, for example, in order to use an Account Card which you have requested and which we have supplied to you must register with GoCardless and provide GoCardless with certain information, including your preferred payment method, accounts details and personal details as requested by GoCardless. If such information is required, we or the relevant third party will contact you to ask for this information. If you do not give us or the relevant third party this information within a reasonable time of us or them asking for it, or if you give us or them incomplete or incorrect information, we may suspend the Services by giving you written notice or end the Contract (and condition 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for the delayed supply or unavailability of the Services or any part of them if this is caused by you not giving us or a relevant third party the information we need within a reasonable time of us or them asking for it.

5.                IF THERE IS A PROBLEM WITH THE SERVICES

5.1             How to tell us about problems. In the unlikely event that there is a problem with any aspect of the Services please contact us and tell us as soon as reasonably possible and allow us a reasonable opportunity to repair the problem or to notify a third party owner of any relevant Charge Point to repair the problem.

5.2             If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team at 0141 648 0750 or write to us at admin-cps@swarco.com or 1 Maxted Corner, Maxted Road, Hemel Hempstead Industrial Estate, Hemel Hempstead, England, HP2 7RA

5.3             Ownership of the Charge Points. The Charge Points are owned by third parties and you acknowledge that neither we nor Transport Scotland: a) represent or warrant the working order or suitability of the Charge Points; or b) are responsible for any defects or problems with the Charge Points.

5.4             Your legal rights. As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials used in provision of services are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these terms will affect these legal rights.

6.                CHANGES TO THE SERVICES

6.1             Your right to make changes. If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the payments you are required to make under these terms, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see condition 8).

6.2             Our right to make minor changes to the Services. We may change the Services:

6.2.1         to reflect changes in relevant laws and regulatory requirements; and

6.2.2         to implement minor technical adjustments and improvements, for example to address a security threat. These changes are not expected to affect your use of the product.

6.3             Our right to make more significant changes to the Services. In addition, we will notify you if we intend to make any other significant changes to the Services and you may then contact us to end the Contract before the changes take effect.

7.                REASONS WE MAY SUSPEND THE SERVICES

7.1             Reasons we may suspend the provision of the Services to you. We may have to suspend the provision of the Services to:

7.1.1         deal with technical problems or make minor technical changes;

7.1.2         update the Services to reflect changes in relevant laws and regulatory requirements;

7.1.3         make changes to the Services as requested by you or notified by us to you (see condition 6); or

7.1.4         carry out improvement works in relation to the Services.

7.2             Your rights if we suspend the provision of the Services. We will contact you in advance to tell you we will be suspending provision of the Services, unless the problem is urgent or an emergency. You may contact us to end the Contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than six (6) months and we will refund any sums you have paid in advance for the Services in respect of the period after you end the Contract.

7.3             We may also suspend provision of the Services if you do not pay. If you do not pay the Charges or any part of them when you are supposed to, we may suspend the provision of the Services with immediate effect until you have paid us the outstanding amounts. We will not suspend the provision of the Services where you dispute the unpaid invoice (see condition 11.1). We will not charge you for the Services during the period for which they are suspended. As well as suspending the provision of the Services we may also charge you an additional £5 administration fee on your overdue payments (see condition 11.9).

8.                YOUR RIGHTS TO END THE CONTRACT

8.1             Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at conditions 8.1.1 to 8.1.5 below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:

8.1.1         we have told you about an upcoming change to the Services or these terms to which you do not agree (see condition 6.3);

8.1.2         we have told you about an error in the price or description of the Services and you do not wish to proceed with receiving the Services;

8.1.3         there is a risk that supply of the Services may be delayed for more than six (6) months because of events outside our control;

8.1.4         we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than six (6) months; or

8.1.5         you have a legal right to end the contract because of something we have done wrong.

8.2             Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within fourteen (14) days of purchase and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in 8.3 and 8.4 below.

8.3             How long do I have to change my mind? You have fourteen (14) days from the date on which you sign up on our Website to receive the Services to cancel your order for the Services (the “cancellation period“) but once we have completed any part of the Services you cannot change your mind in relation to that part of the Services, even if the cancellation period is still running. For example, when you sign up to receive the Services we will make our website, our App and the Online Services available to you in exchange for the Administration Payment. Once you have access to these services you cannot cancel the Contract. If you cancel after we have started to provide the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind. For example, the Administration Payment (see condition 11.1 below) is payable in exchange for us making available our website, our App and the Online Services. After these services are made available to you the Administration Payment is non-refundable.

8.4             When you don’t have the right to change your mind.  You do not have a right to change your mind in respect of Services, once these have been completed, even if the cancellation period is still running. For example you cannot decide to cancel the Recharging Services after your car has received re-charging from a Charge Point.

8.5             Ending the Contract where we are not at fault and there is no right to change your mind. If you want to end the Contract, just contact us to let us know. The contract will not end until one (1) calendar month after the day on which you contact us.

9.                HOW TO END THE CONTRACT WITH US

9.1             Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

9.1.1         Phone or e-mail. Call customer services on 0141 648 0750 or e-mail us at admin-cps@swarco.com. Please provide your name, home address, details of the Services you wish to cancel and, where available, your telephone number and e-mail address.

9.2             Using your Account Card after ending the Contract. If you end the Contract for any reason after you have received an Account Card you must not use it after the date on which provision of the Services to you by us ends. If you do use your Account Card after this date you must pay us for any Charges you incur in relation to such use even if those Charges are incurred after the end of the Contract.

9.3             [Returning your Account Card after ending the Contract. If you or we end the Contract for any reason after you have received an Account Card, you must return it to us. You must either return your Account Card in person or post it back to us at 1 Maxted Corner, Maxted Road, Hemel Hempstead Industrial Estate, Hemel Hempstead, England, HP2 7RA. Please call customer services on 0141 648 0750 or e-mail us at admin-cps@swarco.com for a return label. You must return your Account Card to us within fourteen (14) days of telling us you wish to end the Contract or after we tell you that we wish to end the Contract.]

9.4             Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the Services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract. However, please note the Administration Payment is not refundable after our website, our App and the Online Services have been made available to you.

9.5             When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within fourteen (14) days of your telling us you have changed your mind

10.             OUR RIGHTS TO END THE CONTRACT

10.1           We may end the Contract if you break it. We may end the Contract at any time by writing to you if:

10.1.1       you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due; or

10.1.2       you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services.

10.2           You must compensate us if you break the Contract. If we end the Contract in the situations set out in condition 10.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. Please note the Administration Payment is not refundable after our website, our App and the Online Services have been made available to you.

10.3           We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least one (1) month in advance of stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided. Again, please note the Administration Payment is not refundable after our website, our App and the Online Services have been made available to you.

11.             PRICE AND PAYMENT

11.1           What charges and payments apply to provision of the Services. There is no fee charged for membership of ChargePlace Scotland. A one off £12 charge is debited to your account for any RFID you request, no matter what the reason for the request. Please note the Charges may be updated from time to time.

11.2           We will pass on changes in the rate of VAT. Please note the Administration Payment and Charges are inclusive of VAT. If the rate of VAT changes between the date on which you sign up to receive the Services and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

11.3           What happens if we got the price wrong. It is always possible that, despite our best efforts, the Administration Payment and/or the Charges may not be accurately represented on our website, on our App or on the Charge Points.

11.4           SWARCO shall endeavour to accurately reflect the Charges applied to each Charge Point on the ChargePlace Scotland network as specified by the relevant Charge Point owner. The Charge Point owner is responsible for setting the charges for their Charge Point, indicating the tariff rate via local signage and may choose to set the charges to round up or round down to the nearest full kilowatt provided.

11.5          When you must pay and how you must pay. In order to use the Services you will be asked to register with and provide payment details to GoCardless. Payment of the Administration Payment and the Charges can be made through GoCardless with all major debit and credit cards including Visa, Mastercard.

11.6           Payment of the Charges. In order to use the Recharging Services we will ask you to agree a pre-authorisation payment of £20, this can take up to 48 hours to return into your bank. Please note we reserve the right to suspend or withdraw the Services if authorisation is not provided on request. Your pre-authorised card will then be used to pay any Charges you incur through use of the Recharging Services. The charges will be deducted regularly from your pre-authorisation card when you have accrued over £5 or more in outstanding charges on your account on a monthly basis. We will take payment using your bank account or credit card if you have £0.01 or more in outstanding charges on your account on a quarterly basis.

11.7             Non-Communicative Unit Sessions. There may be instances where charging points drop out of communication with the network – users may still be able to activate the unit via their account. When these non-communicative units are brought back into communication with the network, the cached charging data for the period in which there has been no connection is then uploaded to the back office system. This historic charging data will then appear on driver invoices for the sessions incurred. These sessions must be collected and will be billed during the next applicable invoice period.

11.8           We can charge additional sums if you pay late. If you do not make any payment to us by the due date we may charge an additional £5 administration charge to you on the overdue amount. Your account will also be suspended until such time as payment of the outstanding charges is received

11.9         What to do if you think an amount we have asked you to pay is wrong. If you think an amount we have asked you to pay is wrong please contact us promptly to let us know. You will not have to pay the additional £5 administration fee until the dispute is resolved. Once the dispute is resolved we may still charge you an additional £5 administration fee along with correctly invoiced sums from the original due date.

12.             OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1           We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill in performing this Contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible or liable to you for any indirect or consequential losses, including any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.2           We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Services including the right to receive services which are supplied with reasonable skill and care.

12.3           We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4           Responsibilities of Transport Scotland. This Contract is between you and us. Transport Scotland shall have no responsibilities or liabilities to you or us under or in connection with this Contract.

13.             HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1           How we will use your personal information. We will use the personal information you provide to us in accordance with and for the reasons set out in our Privacy Notice (available at www.chargeplacescotland.org).

14.             OTHER IMPORTANT TERMS

14.1           We may transfer the Contract to someone else. We may transfer our rights and obligations under these terms to another organisation. In particular we are operating the Services on behalf of Transport Scotland as a CPNO and at any time Transport Scotland may engage a new CPNO to operate the CPS Network and to provide the Services in which case we may at any time be required to transfer the Contract to a new CPNO.

14.2           Either we or Transport Scotland will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within one (1) month of us telling you about it and we will refund you any payments you have made in advance for Services not provided.

14.3           You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.4           Rights under this Contract. This Contract is between you and us. Only you and we shall have rights to enforce its terms. Neither of us will need to get the agreement of any other person in order to end the Contract. The agreement of Transport Scotland will be required to make any changes to these terms.

14.5           Step in rights under this Contract. Should we cease to exist or operate to the extent that we can no longer meet our obligations under or participate in the Contract or should we no longer be appointed as Transport Scotland’s CPNO in relation to the CPS Network, Transport Scotland shall confirm to you that it (or its nominee or a new CPNO) wishes to step-in to this Contract and from the date on which such confirmation is provided to you by Transport Scotland in accordance with this clause, this Contract shall continue in full force and effect, as if it had been entered into between you and Transport Scotland (or its nominee or any new CPNO), to the exclusion of us.

14.6           If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.7           Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

14.8           Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by the laws of Scotland and you can bring legal proceedings in respect of the Contract in the Scottish courts.

Schedule
Part 1 – Definitions

Account Card: means an RFID card provided to you by us which can be used by you to access a Charge Point and allows us to identify you and process any payment required for Recharging Services you use in connection with that card;

App: means our application software which is available to download and which is intended to allow you to identify the location of the nearest Charge Point on the CPS Network and to pay for Recharging Services in accordance with these terms;

Charges: means the charges for using a Charge Point as set by the owner of that Charge Point from time to time, and any associated transaction costs;

Charge Point: means an electrical car Charge Point within the CPS Network owned by a third party;

Contract: means the contract between you and us on the basis of these terms which comes into existence when you have accepted these terms and we have started to provide the Services to you;

CPS Network: means the ChargePlace Scotland network of Charge Points;

CPNO: means a Charge Point network operator;

Online Services: means the use of our online system which is accessible through our website for paying for and managing payments for Recharging Services and maintaining a record of your use of the Recharging Services and payments for such;

GoCardless: means GoCardless Ltd, the third party payment services provider which collects payment of the Charges on our behalf;

Recharging Services: means the use of a Charge Point to recharge an electrical vehicle;

Services: means any one of and all of:

(a)     making available to you:

a.     our website;

b.    our App; and/or

c.     an Account Card;

(b)     facilitating Recharging Services; and

(c)     making available the Online Services;

User: means a user of our website having signed up as such on our website; and

website: means www.chargeplacescotland.org

Part 2 – Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],

Ordered on [*]

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.