ChargePlace Scotland Driver Terms and Conditions Rev. 3 18/02/20
ChargePlace Scotland is an electric vehicle charging network funded by Transport Scotland
The payment platform and the mobile application for the ChargePlace Scotland electric vehicle charging network (referred to in these terms as the Network) is operated by Swarco Smart Charging Limited, a company registered in England and Wales with company number 14479077 with their registered address at 1 Maxted Corner, Maxted Road, Hemel Hempstead Industrial Estate, Hemel Hempstead, England, HP2 7RA on behalf of Transport Scotland. SWARCO’s VAT registration number is 428 4031 14.
These are the terms and conditions relating to Your use of the Network including the electric vehicle charging service through the charging points (referred to in this document as Charging Points) within the Network. In order access the Network and receive the Services, You must agree to these terms and conditions.
1. Terms
These terms and conditions set out the services provided by ChargePlace Scotland, referred to in this document as We, Us or Our and Our commitments and responsibilities to Customers; referred to in this document as You, Your or the Customer.
2. Joining the Network
2a. By signing up to ChargePlace Scotland You will gain access to any of the publically accessible Charging Points operated by Us as well as any Charging Points owned and operated by any other service provider with whom We hold a current and valid roaming contract.
2b. Not every Charging Point operated by Us is available for public use and You may, from time to time, find one that is reserved for private use. If You are unsure whether You can Use a certain Charge Point You can contact Us to ask or, if possible, check the live map on Our Website. This map contains only Charging Stations that are open and available to the public.
2c. Upon joining, You will be asked to register Your bank details with Us to be Used as repeat billing method. This means that We will Use these details to invoice You on a monthly basis for any balances accrued whilst Using Our network. Payments will be collected via direct debit by our partner Payment Services Provider (PSP); Go Cardless
2d. You may cancel Your account at any time by writing to Us at Our registered address or by emailing admin@chargeplacescotland.org
3. Our Services
3a. The terms provided in this document relate only to Your rights whilst Using Our Electric Vehicle Recharging Network as a member of the network. Should You engage in other services from Us, including accessing Charging Stations via Pay as you Go (PAYG) access methods, You will be required to accept additional terms and conditions.
3b. We will endeavor to provide You with complete and uninterrupted access to Our network and all Charging Stations placed upon on it, however sometimes problems may occur. If You encounter an issue with Our services, please contact Us to let Us know.
3c. We will work with all parties to ensure any issues that are reported are dealt with and resolved within an acceptable timeframe. We accept no liability for the supply of services by third parties and are not accountable for any delays in resolution that their involvement may incur.
3d. If You are reporting a problem to Us and are supplied a timeframe or specific date for resolution, this timeframe or date is an estimate.
3e. You agree that, in all cases, written statements supplied by the Us shall prevail over any oral statements made by Us. We will ensure that all written data supplied to You is accurate.
4. Access to the Network
4a. After completing the sign-up process, You may wish to order an RFID Access card in order to operate the Charging Points. Purchase of these cards are priced at a one-off £12 fee. This card is logged to the account You have created and all Usage with it will be assigned to it, regardless of the vehicle You Charge.
4b. All RFID cards are supplied with a five year warranty. If Your card malfunctions or ceases to work within this period You can obtain a free replacement by contacting Us and arranging the card’s return.
4c. In the event of loss, theft or damage caused to the card that falls outside of what We would deem ‘fair usage’ You may be asked to purchase Your own replacement without compensation or support from Us.
4d. If at any point You fear Your card has been used by someone other than Yourself and You wish for it to be cancelled or suspended, please contact Us immediately.
4e. No personal information is stored on Your access card.
4f. At all times, Your card and any data processed by its use remains property of ChargePlace Scotland
4g. In line with the Consumer Contracts Regulations, 2013 You may cancel Your account and apply for a refund for Your RFID card within fourteen days of the initial purchase. Should You wish to do this, please contact Us to arrange return of Your card. Upon its receipt, You will be issued a full refund
4h. You may choose to use the network without an RFID card. This can be done through the ChargePlace Scotland smartphone app. Once You are registered online, You will be able to log into the app with the account details that you signed up with. You are under no obligation to purchase an RFID card in order to gain access to the network.
5. Paying for Charging
5a. The majority of the Charging Points operated by Us will have a tariff placed upon them. This means that there is a non-negotiable fee for its Use. This fee is determined by the Charge Point owner with support from Us. Prices for every Charge Point are listed on Our Website and can be viewed by selecting the relevant icon on Our map. Every Charge Point whose use incurs a fee will also have this information displayed on the Charge Point branding or screen.
5b. All Charging sessions that take place within the UK are charged GB pounds sterling.
5c. Unless explicitly stated in writing, the amount shown on Our Website or Charge Point branding are final and inclusive of all VAT and banking charges
5d. All Charging sessions You Use within a calendar month are assigned to Your account and all balances accrued and totaled into one, grouped payment.
5e. Occasionally a Charge Point may have supplementary monetary charges applied for its Use. These may include, but not be limited to, reservation fees or overstay charges. If additional charges apply, these will be listed on Our Website and on the instructions at the Charge Point.
5f. Should payment for any invoice supplied to You for Charging services not be collected, We will contact You and ask You to update your payment details. Any balance outstanding for more than 5 working days will result in the suspension of Your account and Your access to the Charging stations on Our network will be revoked until such time as You have cleared Your outstanding balance.
5g. Any balances that remain unpaid for a period of 30 days shall be permanently suspended and a penalty charge of £30 placed on the account. In order to resume services, You will be required to make payment for Your full balance as well as the penalty charge.
6. Refunds for Charging
6a. At the end of each calendar month We will automatically create an invoice, available to be viewed and downloaded via your account. The balance will then be deducted from Your registered payment method.
6b. If, after Your balance has been taken, You notice a problem with Your bill and/or wish to query an amount, please contact Us as soon as possible. You will have a maximum of 120 days from the date an invoice is created, to query it and request a refund.
6c. When investigating a request for a refund, We will undertake all reasonable endeavors to insure that each report is handled thoroughly and effectively. If, at any time, You believe this not to be the case and wish to make a complaint, Our complaints procedure can be viewed on Our Website.
6d. In some cases it may be that We need to seek advice or approval from 3rd parties in order to validate or approve a refund request. We are not responsible for any delays to Your refund that may be caused by such contact. In the event that a relevant party refuses to provide approval, We will not be able to progress Your refund.
6e. At the end of Our investigation to Your refund claim, We will contact You in writing to let You know Our decision. All decisions are final.
6f. Repeated applications for refunds deemed by Us to be made dishonestly could result in Your suspension from the network.
7. Your Use of Our Network
7a. By accepting these terms You agree to behave in a polite and courteous manner to all members of Our team either in person or in contact via emails or phone calls. Should Your conduct fall outside of what We deem acceptable behavior We retain the right to terminate contact with You and/or suspend Your access to Our support. In extreme cases, We reserve the right to suspend or cancel Your Use of Our network. In the event that this come to pass, You will be informed of Our decision in writing.
7b. In the majority of cases, We have no involvement with or influence on parking charges or access restrictions for Charging Points on Our network. It is Your responsibility to ensure You are parked within the local restrictions existing for each site and any parking fees due are paid by You and, unless explicitly stated on site, are additional to any fee that may be due for Your Use of the Charging Point.
7c. Additional overstay fees may be applicable at a site and may be enforced by the land owner or car park operator. If this is the case, it is Your responsibility to ensure that You have acted in accordance with on-site instructions. We will not be responsible for any fees or fines accrued outside of those levied by the direct Use of the Charge Point.
7d. It is Your responsibility to ensure that You connect and disconnect to a Charge Point in a safe manner that is in line with each Charge Point manufacturers User instructions. We accept no liability for damage to a Charge Point or to Your vehicle that may occur as a result of misuse by You.
7e. We accept no liability for any damage caused to Your vehicle or property that may occur from a third party whilst You are Using Our Charging Stations. This includes, but is not limited to, theft of Your vehicle, theft of possessions from inside Your vehicle or cosmetic damage to the exterior of Your vehicle.
7f. You must not, at any time, gain or attempt to gain access to the internal workings of Our Charging Points or any of its peripheral devices, this includes but is not limited to distribution boards and feeder pillars. Should You do so, We accept no liability for any injury You may suffer or any damage You may cause. Failure to comply with this request will result in Your immediate suspension from Our network and You will be financially liable for costs incurred in Our attending site to perform a safety check on the Charge Point and any remedial works needed to repair any damage. Depending on the severity of the incident, we may also deem that your actions necessitate escalation to law enforcement agencies.
8. Changes to these terms
8a. From time to time it may be necessary for Us to update Our terms and conditions to reflect changes within the market or to better serve You. We reserve the right to make any changes or amendments to these terms without prior notice or consultation.
8b. We will email You once a change has been made to let You know of the change and the reason for it. You do not need to do anything and continued Use of Our network will be deemed as Your agreement to the changes.
9. Your Rights to Termination
9a. If, at any point, You wish to cancel Our services You may do so by notifying Us in writing.
9b. Before We accept Your removal from the network, You will need to ensure that all existing balances are paid and Your account is in good standing.
9c. At point of cancellation We will remove all of Your personal information from all databases in Our system. Your Usage history will remain for reporting purposes however the data will be anonymised and there will be no link between it and You.
9d. At point of cancellation any access cards You have will be cancelled but You will be responsible for its physical destruction. After You have cancelled Your account any access cards in Your possession cannot be re-instated. Should You wish to re-join the Us at any point, You will need to do so as a brand new member.
10. Your Personal Details
10a. We will never pass Your personal details onto any third parties for marketing or sales purposes.
10b. In some circumstances, partner third party organisations; such as a Charge Point manufacturer or owner, wish to contact You. We will only ever pass on Your details with Your express written permission.
10c. You have the option to opt in to a bi-monthly newsletter from Us to inform You of changes to the network and new Charge Point commissions. Should You receive this from Us and wish to be removed from future contact is in this way, please contact Us and We will remove You.