Electric Juice Network Fleet Terms & Conditions

Octopus Energy Limited - General Terms and Conditions for Fleet Managers making use of the Electric Juice Network.

1 Definitions

Application means an application or order form for the use of the Electric Juice Network, completed by the Fleet Manager 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 an Authorised User in order to give access to the service

Authorised Users means the users authorised by the Fleet Manager to use the service in accordance with the terms of this Contract

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

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 the Electric Juice Network to the Fleet Manager and its Authorised Users and associated Charges

Contract Start Date means the date on which the Contract is entered into by the Fleet Manager and us (and becomes a legally binding agreement)

Electric Juice Network means the name given to the entire product offering, which consists of a method for Fleet Managers and their Authorised Users to access multiple electric vehicle charging networks and for the charges associated with their usage of those networks to be included on a bill to the Fleet Manager. The physical card that Authorised Users may use to access a number of public charging networks is referred to as the 'RFID Cards'

EV Charge Points means equipment that provides electric charging for plug-in electric vehicles

EV means electric vehicle

Ofgem means the Gas and Electricity Markets Authority, which regulates the gas and electricity markets in Great Britain

Payment Method means the way the Fleet Manager chooses to pay the bill. This could be Variable Direct Debit, or by Credit or Debit Card

Privacy Policy means our policy on how we manage personal data

RFID Card means a unique radio-frequency identification card provided to the Fleet Manager for each of its Authorised Users by Octopus that is associated with the Fleet Manager and its accounts uniquely and can be used by the Fleet Manager and its Authorised Users to access and use EV Charge Points

Statement of Account means this documents the charges that are associated with the Fleet Manager and its Authorised Users' use of the Electric Juice Network for that month

Variable Direct Debit means a Payment Method by which the Fleet Manager enables us to initiate and collect direct debit payments from the Fleet Manager, based on the amount of charging used by the Fleet Manager and its Authorised Users in the previous month

we, us, our and Octopus Energy means in each case refers to Octopus Energy Limited (09263424), having its registered address at 33 Holborn, London EC1N 2HT

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

you, your and Fleet Manager means 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

2 Introduction

2.1 These Terms and Conditions and our applicable charges for the Electric Juice Network which are available at [www.octopus.energy/electric-juice-network] shall form the Contract between the Fleet Manager and Octopus.

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

3 General

These Terms and Conditions govern the Fleet Manager and its Authorised Users access to and usage of the Electric Juice Network. The EV Charge Points are owned and maintained by the respective Charge Point Operator and the Charge Point Operator is wholly responsible for the maintenance of the EV Charge Points. The definitions and explanations at the start of these Terms and Conditions apply.

4 Contract start date

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

4.2 Our customer services are provided via email and online and it is your responsibility to ensure you and the Authorised Users have the equipment necessary to access these.

4.3 By agreeing to this Contract, the Fleet Manager is agreeing that it will:

(a) register their relevant details as part of the Application process;

(b) provide us with an address that allows the Fleet Manager to receive the RFID Cards for the Authorised Users by post and each Authorised User will have a mobile phone that gives them access to third party apps;

(c) provide Octopus with the information and permission it requires to take payments via monthly direct debits from the Fleet Manager's chosen bank account, or make payments to Octopus by credit or debit card by the payment due date we tell you of;

(d) make any changes to your direct debit or contract via email, phone or your online account; and

(e) keep all personal details related to the Authorised Users accurate and up to date.

5 Accessing the EV Charge Points

5.1 To make use of the EV Charge Points, the Authorised Users will use the RFID Cards or an internet-based authentication system (on applicable Charge Point Operator networks) to start and stop charging.

5.2 We will not be able to grant access to you or the Authorised Users if we have not obtained all the information we need to initiate access.

6 Our prices and charges

6.1 Our charges for the Fleet Manager and its Authorised Users' use of the EV Charge Points will vary based on the Charge Point Operator that the Fleet Manage or the Authorised Users' use.

6.2 Charges are based on the Charging Data Record we receive from the relevant Charge Point Operator. Charges can be made up of - but not limited to - volume of energy consumed, connection fees, time spent charging, and parking fees. Electric Juice Network sets the applicable energy and time-based rates, which can be found by visiting https://octopus.energy/electric-juice-network-rates/.

6.3 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.

6.4 We can also charge you for reasonable costs that aren't included in our tariffs 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:

(a) RFID cards – Octopus will issue new RFID Cards to the Fleet Manager for each of the Authorised Users on request. We will issue replacement cards for any Authorised Users within 14 days of them being requested, at a cost to the Fleet Manager of £6 per card. We will cancel and de-authenticate any RFID Cards previously issued on request from the Fleet Manager within 14 days of such a cancellation request.

(b) charges we are required to pass on to our customers by law or regulation or a regulatory authority (such as Ofgem); and

(c) any reasonable cost we incur (including administration cost) because you or the Authorised Users failed to meet the Terms and Conditions of this Contract.

6.5 VAT is also payable at the applicable rate.

7 Payment method

7.1 The charges associated with the Fleet Manager and its Authorised Users' use of the Electric Juice Network will be billed monthly in arrears. 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.

7.2 If you pay by Variable Direct Debit:

(a) we typically set your direct debit amount based on the amount of energy the Fleet Manager and its Authorised Users have used in the previous month;

(b) we will issue to the Fleet Manager a statement at least 5 Working Days before the direct debit is due to come out of its account;

(c) your direct debit amount will be shown on your statement, and you should contact us if you believe your bill is incorrect;

(d) if your direct debit fails due to insufficient funds, we will let you know and re-present the automated instruction within 5 Working Days;

(e) if the amount payable is the subject of a bona fide dispute, the undisputed portion should be paid on your usual direct debit date. Any disputed amount should be paid via bank transfer within 7 Working Days of the dispute being resolved. No amounts can be offset or withheld on the monthly direct debit unless a credit note has been issued;

(f) we reserve the right to refuse to process any transaction we deem fraudulent or suspicious;

(g) you are generally responsible for ensuring that the direct debit can be paid in full on the due date.

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

8 Non-payment of charges

8.1 If you are using Variable Direct Debit as your Payment Method and do not pay for the Fleet Manager and its Authorised Users' use of the Electric Juice Network on time, we may:

(a) 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;

(b) change the amount of your direct debit or other payment arrangement you have with us to recover the sum due to us;

(c) offer you a payment plan according to your circumstances;

(d) charge you £15 for the first missed payment and £20 for each missed payment after that;

(e) take such steps as are necessary to recover the sums due to us, which may include employing a debt collection agency;

(f) provide information about your non-payment to credit reference agencies, which may impact the Fleet Manager's ability to get credit in the future;

(g) recover from you all costs incurred by us in pursuing your non-payment, including bank charges due to cancelled or failed payments;

(h) charge interest at the rate of 4% above the HSBC Bank PLC base rate at the relevant time on all outstanding charges;

(i) switch your Payment Method to a different payment method, which may include requiring you to pay in advance; and/or

(j) disconnect or suspend the Fleet Manager and its Authorised Users' ability to use the Electric Juice Network.

8.2 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 and the Authorised Users' access to the Electric Juice Network.

9 Changing the Contract

9.1 We may change your Contract if it is necessary to comply with any laws, or other rules that we are obliged to follow.

9.2 If we propose to make changes to your Contract that are not to your advantage, we will give you 14 calendar days' notice of the changes.

10 Ending the Contract

10.1 We may end this Contract if:

(a) you are in material breach of the Contract;

(b) you did not pay us what you owe us when it was due;

(c) we decide to cease offering the services provided under this Contract; and/or

(d) for any other reason on 14 days' notice.

11 Suspension of access

11.1 We can suspend the Fleet Manager and its Authorised Users access to use of the Electric Juice Network if:

(a) you have not paid for your usage to date;

(b) you are in material breach of the Contract;

(c) we have reason to believe the Fleet Manager or its Authorised Users may have damaged or tampered with any of the EV Charge Points; and/or

(d) we are required to do so by any law, code or agreement.

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

(a) any outstanding amounts owed to us; and

(b) our reasonable costs to suspend your and/or to restart your and the Authorised Users' access later.

12 Customer service and support

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

12.2 We are not responsible for the maintenance or proper functioning of the EV Charge Points and accept no liability in relation to the Fleet Manager or its Authorised Users' use of the EV Charge Points. The Charge Point Operator is fully responsible for the maintenance and proper functioning of the EV Charge Points.

12.3 If you require guidance, service, or support on how to use any particular EV Charge Point, you will need to contact the Charge Point Operator that you or the Authorised Users are using. Their customer services contact details are available online, and often advertised on the EV Charge Point itself.

12.4 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.

12.5 We are also responsible for issuing to the Fleet Manager and its Authorised Users with RFID Cards. In the event that you require an additional or replacement RFID Card, please contact us directly.

13 Complaints

13.1 If you submit a complaint to us regarding your Statement of Account, we will follow the complaints policy on our website: www.octopus.energy/unhappy.

13.2 When you submit a formal complaint, we will do everything in our power to resolve the issue.

13.3 If we cannot find a mutually acceptable solution, we will write to you to with alternative proposals.

14 Your information

14.1 We agree that we will use any personal data that the Fleet Manager or its Authorised Users provide to us in accordance with our Privacy Policy, which is available on our website. We may run checks on the Fleet Manager (and anyone else also responsible for payment) at Credit Reference and Fraud Prevention agencies, initially and periodically to help us assess your ability to pay for your and the Authorised Users' use of the Electric Juice Network. When we run this check, the credit reference agency will record the fact that a check was made (even in the event that you do not use the Electric Juice Network).

14.2 If you have an account with us, we will routinely share information about your payment record with credit reference agencies. If we consider that your account is in default (i.e. you have not paid us and are in breach of your Contract) we will notify you and if you do not pay us, we will report the unpaid debt to credit reference agencies who will record that default on your credit file.

14.3 If you want to see what information credit-reference and fraud-prevention agencies have about you, you can contact the following UK agencies. They will charge you a small fee.

Call Credit

Consumer Services Team

PO Box 491

Leeds

LS3 1WZ

Phone: 0870 060 1414

Website: www.callcredit.co.uk

Experian

Consumer Help Service

PO Box 8000

Nottingham

NG80 7WF

Phone: 0844 481 8000

Website: www.experian.co.uk

Equifax Plc

Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

Phone: 0870 010 0583

Website: www.equifax.co.uk

14.4 We will always process personal data fairly and lawfully in accordance with your and the Authorised Users' rights. This means that we will not process personal data unless you or the Authorised Users have consented to this happening. The processing of all data will always be necessary to provide our product and services and will not unduly prejudice your or the Authorised Users' privacy.

14.5 It may be necessary to share your or the Authorised Users' data with third parties in order to process your data and comply with industry obligations.

14.6 We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless you have agreed to this or would otherwise reasonably expect this.

15 Our liability

15.1 We will not be liable to you, the Authorised Users or any other third party for:

(a) any loss due to circumstances beyond our control (Force Majeure event);

(b) any loss which is indirect, consequential, economic or financial including loss of profit, revenue, goodwill, business, contractor wasted expenses;

(c) 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

(d) any loss caused by the malfunction, interruption, disruption or failure of the EV Charge Points or RFID Card availability or operability.

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

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

16 Transfer of rights

16.1 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.

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

17 Miscellaneous

17.1 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 or the Authorised Users.

17.2 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.

17.3 Notices to us under the Contract must be sent by post to Octopus to the notice details as stated in the Order Form.

17.4 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.

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