E.ON Drive Terms and Conditions

Pay at post Terms and Conditions

1. About this contract

E.ON GENERAL TERMS AND CONDITIONS OF SUPPLY FOR USE OF ELECTRIC VEHICLE CHARGE POSTS

These terms and conditions relate to your use of our Electric Vehicle Charge Post. Please read the following  terms and conditions before you sign up to use the Services or use the E.ON Drive Customer Portal.

Definitions of all the words in bold are at the end of the document.

1. About this Contract

1.1 This Contract is between: 

1.1.1 you, the person purchasing the Services we supply; and

1.1.2 us/we, E.ON Energy Solutions Limited trading as E.ON Drive, a business division of E.ON Energy Solutions Limited (whose company number is 03407430 and registered office is Westwood Way, Westwood Business Park, Coventry, CV4 8LG). 

1.1.3 The Contract is formed as soon as you register for an Account via the Website or via the App.

1.1.4 By registering for an Account and by using the Services, you are agreeing to do so in accordance with this Contract.

1.1.5 This Contract sets out the entire agreement between us and you in relation to the provision of the Services.

1.1.6 For consumers resident in England and Wales, the laws of England and Wales apply to this Contract. For consumers resident in Scotland, the laws of Scotland apply to this Contract.

1.1.7 Nothing in this Contract affects your legal rights. 

1.1.8 If a court decides that one or more of the terms in this Contract is not valid, the other terms still apply.

1.1.9 If you have any questions in relation to your Account or the Services and want to talk to us about it, please contact us: 

(a) by e-mail at EONDriveUK@eonenergy.com; or

(b) by telephone on 0333 202 4417 - we may record calls for quality and training purposes. 

1.1.10 If you would like this Contract in another format (for example: audio, large print, braille) please contact us using the contact details above.

2. About the services

Pre-payment charging services

2.1 How to register for the Services

2.1.1 In order to use the Services you must register online by creating an Account via the Website or via the App.

2.1.2 In order to register you must provide us with your payment card details, mobile telephone number and e-mail address. You will also need to create a memorable password. Upon registration, we will deduct the Initial Registration Deposit from your bank account as credit for your Account.  You will need this password to access your Account via the Customer Portal, to log in to the App and to use the Services.

2.1.3 Once you have registered and your Account is in positive credit, you will be able to charge your Electric Vehicle at the Charge Posts by using the App (see paragraph 2.2) or by using an RFID Card and/or Tag (see paragraph 2.3).

2.1.4 Your Account registration will not have an end date. You will remain registered until you notify us that you want to cancel your Account by e-mail or telephone (please see our contact details at paragraph 1) or until your Account becomes dormant for more than two years. We will not charge you a fee to cancel your registration.  If you cancel your Account we will refund any credit in your Account to you.

2.2 Accessing the Services with the App

2.2.1 You will be able to use the Services once you have downloaded the App and logged in using your password and the email address you used when you registered.

2.2.2 In using the App you agree:

(a) not to copy, decode, reverse engineer, disassemble, decompile or otherwise translate or convert the App;

(b) not to infringe or copy the code or content or the design of the App;

(c) not to use the App for any purpose other than to receive the Services;

(d) not to distribute, rent, assign, sub-licence, lease, resell, distribute or otherwise deal in or encumber the App;

(e) not to use the App, or permit it to be used, on behalf of any third party; 

(f) not to attempt to circumvent or interfere with any security features of the App;

(g) not to use the App in any way that breaches any applicable law or regulation;

(h) not to submit the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than yourself;

(i) not to impersonate another user, misrepresent your identity or misrepresent your affiliation with any other person;

(j) and 

(k) not to misuse the App by knowingly introducing viruses, trojan horses, worms, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code which is malicious or technologically harmful.

2.3 Accessing the Services with an RFID Card or Tag 

2.3.1 If you would like to use the Services with an RFID Card or Tag, you will need to request these at registration or subsequently via the Customer Portal. The RFID Card and Tag come together and you cannot request one without the other.

2.3.2 We will aim to deliver the RFID Card and Tag to your chosen address within 14 days of receiving your request. You will be charged the RFID Card and Tag Fee for delivery of the RFID Card and Tag and this amount will be:

(a) automatically deducted from your payment card, if you request the RFID Card and Tag via the Customer Portal; or 

(b) added to your Initial Registration Deposit if you request the RFID Card and Tag during registration, thus increasing the amount we deduct from your bank account on registration.

2.3.3 You will need to follow the instructions on the Charge Posts on how to use an RFID Card or Tag.

2.3.4 You will keep the RFID Card and Tag secure and take appropriate steps to prevent them being stolen or copied.  You will also inform us as soon as possible should you believe that your RFID Card or Tag is lost, stolen or could have been copied.

2.4 Returning your RFID Card and Tag

2.4.1 You have 14 days from when you receive your RFID Card and Tag to change your mind and receive a refund for your RFID Card and Tag. This is your cooling off period. 

2.4.2 If you do change your mind, please tell us before the end of the cooling off period using the contact details above and we will refund the cost of the RFID Card and Tag to the payment card that you registered with, within 14 days of receiving the returned RFID Card and Tag.  You will need to pay the delivery costs for the return of the RFID Card and Tag and you must return both in order to receive a refund.

2.4.3 If you change your mind after the cooling off period, you will not receive a refund.

2.4.4 If your RFID Card or Tag is faulty, you must send it back to us as soon as possible and we will at your option either: 

(a) refund you the full RFID Card and Tag Fee if the fault occurs within the first 30 days of your receipt of the RFID Card or Tag; or  

(b) send you a replacement RFID Card and/or Tag if the fault occurs within 6 months of you receiving them.  

2.4.5 If you lose or damage your RFID Card or Tag and need a replacement or if you simply want an additional RFID Card and Tag, you can request these via the Customer Portal.  In requesting an additional RFID Card and Tag you will be charged an additional RFID Card and Tag Fee for delivery of the replacement or additional RFID Card and Tag and this will be automatically deducted from your registered payment card. We will endeavour to send the new RFID Card and Tag to your chosen address within 14 days of receiving your request. 

2.4.6 The provisions of this paragraph 2.4 apply to any RFID Card and Tag supplied by us to you.

PAY AT POST CHARGING SERVICES

2.5 Accessing the Services

2.5.1 You will be able to use the Services once you have accessed the Website, selected the E.ON Drive Charge Post you wish to use and entered valid payment card details.

3. Our responsibilities and yours

3.1 Our responsibilities

3.1.1 We will try  to ensure that the Services are available at all times but we cannot guarantee this and we will not be liable to you for any unavailability of the Services.  

3.1.2 We will ensure that all price information is accessible via the App and the Website.  Prices shall be shown per kWh and/or per hour. 

3.1.3 Where the Services are unavailable, for example, for maintenance purposes or due to circumstances beyond our control, we will try to get the Services running again as soon as possible.  

3.1.4 We cannot guarantee that you will be able to charge your vehicle at every Charge Post at all times. You will be able to find the location and availability of the nearest Charge Post to you via the Website or via the App.

3.1.5 We will ensure that any RFID Card and Tag that we send to you are of satisfactory quality, fit for purpose and match the description, sample or model.  If an RFID Card or Tag does not meet these requirements they will be deemed to be "faulty" and you may obtain a replacement as described in paragraph 2.4.4.

3.1.6 We will aim to keep the App and the Website up to date with availability of Charge Post.

3.1.7 We reserve the right to suspend your Account and cancel your right to receive the Services if we have reason to believe that:

(a) you have failed comply with your responsibilities under this Contract;

(b) you have breached a term of this Contract;

(c) you have misused the AccountCustomer Portal or Services; or

(d) if you owe money to us.

3.1.8 We are not liable for: 

(a) any harm to you, which we could not have expected when we agreed your Contract and which was therefore not a foreseeable result of our breaching this Contract;

(b) any damage you suffer that is outside our control; 

(c) any loss you incur as a result of your use of an incorrect or inadequate cable (having regard to paragraph 3.2.1); or

(d) business losses including loss of business, revenue, profit, or savings that you expected to make 

3.1.9 Nothing in this Contract limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud.

3.1.10 If for any reason we are found to be liable for any losses suffered by you in connection with this Contract, our liability will be limited to the greater of: £1,000 or the amount you have paid to us in the past 24 months in respect of your receipt of the Services as at the point the liability arises.

3.1.11 We might transfer this Contract to another company. If we do, we’ll notify you via the Website, by email or via the App and it won’t affect your legal rights. Unless you cancel your Account in accordance with paragraph 2.1.4 we’ll share your personal data with the company so that they can carry on supplying the Services to you. 

3.2 Your responsibilities

3.2.1 If the Charge Post does not have a permanently attached cable then you will need to use your own cable to attach your Electric Vehicle to the Charge Post and to charge your vehicle. We are not responsible for any loss you may incur due to the use of any faulty or incorrect cable. It is your responsibility to ensure that you use the correct equipment for this purpose and that the cable you are using is fit for that purpose and compliant with the appropriate British and International Standards (including IEC 61851-1 and BS EN 62196-2 standards as amended from time to time). 

3.2.2 You must pay for the Services in accordance with this Contract.

3.2.3 You must not:

(a) tamper with the Charge Post in any way;

(b) use the Charge Post for any purpose other than to charge your Electric Vehicle

(c) damage the Charge Post

(d) allow anybody else to use your Customer Portal (it being acknowledged that if you do allow a third party to use your Customer Portal then you shall be liable for that third party's actions or omissions as if they were your own). 

3.2.4 We have the right to change the terms of this Contract at any time. We will use our best efforts to provide you with as much notice as possible of any material changes via the Website, by e-mail or via the App. If you are unhappy with the changes made to this Contract you may cancel your Account in accordance with paragraph 2.1.4.

4. Paying us and topping up your account

Pre-payment customers

4.1 The amount that you will be charged each time you charge your Electric Vehicle at a Charge Post will depend on the amount of energy provided and/or the time that your Electric Vehicle was connected and the location of the Charge Post. The current prices for charging your Electric Vehicle can be found on the Website and on the App. The prices are shown per kWh and/or p/hour and are inclusive of VAT at the prevailing rate.  Prices can change from time to time and will vary depending on the Charge Post.  You will be able to monitor ongoing cost of the charge via the App and when you have finished charging your vehicle you will be able to review all your charges on the Customer Portal.

4.2 You will only be able to charge your Electric Vehicle at a Charge Post if your Account is in positive credit. If you have opted out of the Auto Top Up and your Account does not have enough credit to pay for the amount of charge you have used then: 

4.2.1 your Account will be in debt. (Please ensure you have a minimum balance on your account of £10 at all times).

4.2.2 you will not be able to charge your vehicle at a Charge Post until you have topped up your Account manually in accordance with paragraph 4.3 such that your Account is in positive balance or have opted back into the Auto Top Up arrangements; and 

4.2.3 we reserve the right to recover from you the amount which your Account is in debt.

4.3 You can top up your Account at any time via the Customer Portal.

4.4 Unless you have opted out of the Auto Top Up via your Account then, if the balance on your Account falls below £10.00 (ten pounds), we will automatically deduct £15 (fifteen pounds) from your payment card to top up the credit on your Account (the "Auto Top Up"). 

4.5 You can opt out of the Auto Top Up at any time via your Account.  If you opt out of the Auto Top Up, you will be responsible for manually topping up your Account.  You can also opt back into the Auto Top Up via your Account and if you opt back into the Auto Top Up, we will automatically top up your Account in accordance with paragraph 4.4.

4.6 You can request a refund of any credit on your Account and/or the closure of your Account at any time by notifying us by e-mail or telephone (please see our contact details at paragraph 1). 

4.7 If your Account is dormant for a period of two years, we will cancel your Account and try to contact you using the personal details we hold to refund any credit that you have remaining on your Account. If we are unable to reach you within 6 weeks, we will refund the credit on your Account to our chosen charity.

Pay at Post customers

4.8 The amount that you will be charged when charge your Electric Vehicle at a Charge Post will depend on the amount of energy provided and/or the time that your Electric Vehicle was connected and the location of the Charge Post. The current prices for charging your Electric Vehicle at the Charge Post, together with any minimum payment, will be provided via the Website. The prices are shown per kWh and/or p/hour and are inclusive of VAT at the prevailing rate.  Prices can change from time to time and will vary depending on the Charge Post.  You will be able to monitor ongoing state of the charge via the Website

4.9 When you have finished charging your vehicle you will be able to review all your charges on the Website and arranged for a VAT receipt to be emailed to you if required. 

If you take part in the Vehicle to Grid trial

4.10 V2G is a two-way charging technology which means we will use some of your battery power to provide balancing services to the grid.

4.11 V2G charging posts are clearly marked and should not be used unless you are participating in ‘e4futures' trial and have a Nissan Leaf 2016 onwards with 30kWh battery or greater/ Nissan eNV200 2018 onwards with 40kWh battery or greater.

4.12 Using the V2G charging post if you do not fulfil the criteria in Clause 4.11 may invalid your battery warranty. 

4.13 To start using the V2G charging posts you must tell us by using the E.ON Drive app how full you want the battery and by what time this needs to be complete. 

4.14 Whilst we will try to ensure the battery is ready for the time you have set in the E.ON Drive app we cannot guarantee this and will not be liable for any associated losses. 

5. Personal data

5.1 Processing your data

5.1.1 If you provide any personal data to us under this Contract, E.ON Energy Solutions Limited will be the ‘data controller’. Our Data Protection Office can be contacted at: Newstead Court, Little Oak Drive, Annesley, Nottinghamshire, NG15 0DR.

5.1.2 We will process your personal data in line with our privacy notice, which we will amend from time to time. You can find it at eonenergy.com/privacy

5.2 Your rights

5.2.1 You have a number of rights which relate to the access to and control of your personal data. These are also set out in our privacy notice.

6. Complaints

6.1 If you have a complaint about the service you have received, you can: 

6.1.1 call us on 0333 202 4417; or 

6.1.2 e-mail us at EONDriveUK@eonenergy.com; or

6.1.3 write to us at Customer Service Centre, E.ON, PO Box 7750, Nottingham NG1 6WR.

6.2 We train our customer care team to be able to resolve most issues straightaway. If they cannot do so, our resolution team will take over. We try to resolve complaints in two working days or less. If you’re not satisfied with how we respond, you can ask us to review your case. We’ll look into how we’ve handled it and decide if we should do anything differently. 

6.3 If we haven’t resolved your complaint after eight weeks, or if we’ve sent you a final resolution letter, also known as a deadlock letter, you can go to the Energy Ombudsman. This is a free and impartial service that resolves disputes between energy companies and customers.

6.4 You can get in touch with the Ombudsman by: 

6.4.1 telephone on 0330 4401624; or

6.4.2 e-mail at osenquiries@os-energy.org.

6.5 To 'Know Your Rights' and to obtain free, independent, confidential and impartial advice on consumer issues visit www.citizensadvice.org.uk/energy.  You can also call the Citizens Advice consumer helpline on 0345 404 0506 or fill in their energy query form. You can do any of this at any point during the complaints process.

6.6 If we change our complaints process, we’ll tell you through your Customer Portal, and through our Website.

7. Definitions

Account means your E.ON Drive account registered for/accessed via the Website or App

App means the E.ON Drive App which is available from the Google Store or Apple App Store

Auto Top Up has the meaning given to it in paragraph 4.4

Charge Post(s) mean the physical units at which Electric Vehicles can be charged

Contract means these terms and conditions

Customer Portal means your online Customer Portal accessed via www.eondrive.co.uk/customer or through the App

Electric Vehicle(s) means a motor vehicle that uses electricity to power or assist in the propulsion of the motor vehicle and where the vehicle battery may be charged by plugging the vehicle into a dedicated Charge Post

Initial Registration Deposit means an initial deposit deducted from your bank account upon registration and notified to you prior to your completion of registration

Tag means the E.ON Drive RFID tag designed to be attached to a key ring and used to access the Services at a Charge Post

RFID means Radio Frequency Identification and refers to a small electronic circuit embedded in the RFID Card or Tag and used to communicate with the Charge Post in order to identify the driver and provide access to the Services

RFID Card means the credit card sized E.ON Drive RFID card used to access the Services at a Charge Post

RFID Card and Tag Fee means a fee payable by you for the RFID Card and Tag and notified to you prior to you requesting the RFID Card and Tag

Services means the provision of electricity to you via the Charge Posts and access to the Customer Portal

Website means www.eondrive.co.uk/map

Prepayment Terms and Conditions

1. About this contract

These Terms and Conditions relate to your use of our Electric Vehicle Charge Points. Please read the following important Terms and Conditions before you sign up to use the Services or use the E.ON Drive Customer Portal and check that you agree to these Terms and Conditions.

Definitions of all the words in bold are at the end of the document.

1.1 This Contract is between:

            1.1.1 you, the person purchasing the Services we supply; and

            1.1.2 us/we, E.ON Energy Solutions Limited trading as E.ON Drive, a business division of E.ON Energy Solutions Limited (whose company number is 03407430 and registered office is Westwood Way, Westwood Business Park, Coventry, CV4 8LG).

1.2 This Contract sets out:

            1.2.1 your legal rights and responsibilities;

            1.2.2 our legal rights and responsibilities; and

            1.2.3 certain key information required by law.

1.3 Do you need more help?

            1.3.1 If you don't understand any term of this Contract or have any questions in relation to your Account or the Services and want to talk to us about it, please contact us:

                        (a) by e-mail at EONDriveUK@eonenergy.com; or

                        (b) by telephone on 0333 202 4417, We may record calls for quality and training purposes.

            1.3.2 If you would like this Contract in another format (for example: audio, large print, braille) please contact us using the contact details above.

1.4 When the Contract is formed

            1.4.1 The Contract is formed as soon as you register for an Account via the Website or via the App.

            1.4.2 By registering for an Account and by using the Services, you are agreeing to do so in accordance with this Contract.

            1.4.3 This Contract sets out the entire agreement between us and you in relation to the provision of the Services.

1.5 What laws apply to this Contract?

            1.5.1 For consumers resident in England and Wales, the laws of England and Wales apply to this Contract. For consumers resident in Scotland, the laws of Scotland apply to this Contract.

            1.5.2 Nothing in this Contract affects your legal rights.

            1.5.3 If a court decides that one or more of the terms in this Contract is not valid, the other terms still apply.

2. About the services

2.1 How to register for the Services

            2.1.1 In order to use the Services you must register online by creating an Account via the Website or via the App.

            2.1.2 In order to register you must provide us with your payment card details, mobile telephone number and e-mail address. Upon registration, we will deduct the Initial Registration Deposit from your bank account as credit for your Account. Once you have registered, a password will be sent by text to the mobile telephone number you provided during registration. You will need this password to access your Account via the Customer Portal, to log in to the App and to use the Services.

            2.1.3 Once you have registered and your Account is in positive credit, you will be able to charge your Electric Vehicle at the Charge Points by using the App (see paragraph 2.2) or by using an RFID Card and/or Tag (see paragraph 2.3).

2.2 In using the App you agree:

                        (a) not to copy, decode, reverse engineer, disassemble, decompile or otherwise translate or convert the App;

                        (b) not to infringe or copy the code or content or the design of the App;

                        (c) not to use the App for any purpose other than to receive the Services;

                        (d) not to observe, study or test the functioning of the App (or any part of it), but only so far as the same cannot be restricted by law;

                        (e) not to distribute, rent, assign, sub-licence, lease, resell, distribute or otherwise deal in or encumber the App;

                        (f) not to remove or modify any trade mark, copyright notice or other proprietary marking or notices on the App;

                        (g) not to use the App, or permit it to be used, on behalf of any third party;

                        (h) not to attempt to circumvent or interfere with any security features of the App;

                        (i) not to use the App in any way that breaches any applicable law or regulation;

                        (j) not to upload material to the App that might reasonably be considered likely to upset other users, including (but not limited to) the following: libellous or defamatory comments; anything which discriminates against race, sex, religion, nationality, disability, age or sexual orientation; personal insults about another user; content containing profanities; or harassing, obscene, indecent or offensive language;

                        (k) not to submit or make a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

                        (l) not to make any reference to any ongoing or pending criminal trial anywhere in the world, or advocate, promote or incite any third party to commit, or assist any unlawful or criminal act;

                        (m) not to submit the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than yourself;

                        (n) not to impersonate another user, misrepresent your identity or misrepresent your affiliation with any other person;

                        (o) not to submit any content on the App which infringes the intellectual property rights of any third party or that may constitute a criminal offence or give rise to civil liability or that
otherwise violates any national or international law or regulation; and

                        (p) not to misuse the App by knowingly introducing viruses, trojan horses, worms, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code which is malicious or technologically harmful.

2.3 Accessing the Services with an RFID Card or Tag

            2.3.1 If you would like to use the Services with an RFID Card or Tag, you will need to request these at registration or subsequently via the Customer Portal. The RFID Card and Tag come together and you cannot request one without the other.

            2.3.2 We will aim to deliver the RFID Card and Tag to your chosen address within 14 days of receiving your request. You will be charged the RFID Card and Tag Fee for delivery of the RFID Card and Tag and this amount will be:

                        (a) automatically deducted from your payment card, if you request the RFID Card and Tag via the Customer Portal; or

                        (b) added to your Initial Registration Deposit if you request the RFID Card and Tag during registration, thus increasing the amount we deduct from your bank account on registration.

            2.3.3 You will need to follow the instructions on the Charge Points on how to use an RFID Card or Tag.

            2.3.4 You will keep the RFID Card and Tag secure and take appropriate steps to prevent them being stolen or copied. You will also inform us as soon as possible should you believe that your RFID Card or Tag is lost, stolen or could have been copied.

2.4 Returning your RFID Card and Tag

            2.4.1 You have 14 days from when you receive your RFID Card and Tag to change your mind and receive a refund for your RFID Card and Tag. This is your cooling off period.

            2.4.2 If you do change your mind, please tell us before the end of the cooling off period using the contact details above and we will refund the cost of the RFID Card and Tag to the payment card that you registered with, within 14 days of receiving the returned RFID Card and Tag. You will need to pay the delivery costs for the return of the RFID Card and Tag and you must return both in order to receive a refund.#

            2.4.3 If you change your mind after the cooling off period, you will not receive a refund.

            2.4.4 If your RFID Card or Tag is faulty, you must send it back to us as soon as possible and we will at your option either:

                        (a) refund you the full RFID Card and Tag Fee if the fault occurs within the first 30 days of your receipt of the RFID Card or Tag; or

                        (b) send you a replacement RFID Card and/or Tag if the fault occurs within 6 months of you receiving them.

            2.4.5 If you lose or damage your RFID Card or Tag and need a replacement or if you simply want an additional RFID Card and Tag, you can request these via the Customer Portal. In requesting an additional RFID Card and Tag you will be charged an additional RFID Card and Tag Fee for delivery of the replacement or additional RFID Card and Tag and this will be automatically deducted from your registered payment card. We will endeavour to send the new RFID Card and Tag to your chosen address within 14 days of receiving your request.

            2.4.6 The provisions of this paragraph 2.4 apply to any RFID Card and Tag supplied by us to you.

3. Our responsibilities and yours

3.1 Our responsibilities

            3.1.1 We will use our best efforts to ensure that the Services are available at all times but we cannot guarantee this and whilst we will use our best efforts to ensure that the Services are available at all times, we will not be liable to you for any unavailability of the Services.

            3.1.2 We will ensure that all price information is accessible via the App and the Website. Prices shall be shown per kWh and/or per hour.

            3.1.3 Where the Services are unavailable, for example, for maintenance purposes or due to circumstances beyond our control, we will use our best efforts to get the Services running again as soon as possible.

            3.1.4 We cannot guarantee that you will be able to charge your vehicle at every Charge Point at all times. You will be able to find the location and availability of the nearest Charge Point to you via the Website or via the App.

            3.1.5 We will ensure that any RFID Card and Tag that we send to you comply with your legal rights (being that they are of satisfactory quality, fit for purpose and match the description, sample or model). If an RFID Card or Tag does not meet these requirements they will be deemed to be "faulty" and you may obtain a replacement as described in paragraph 2.4.4.

            3.1.6 We will aim to keep the App and the Website up to date with availability of Charge Points.

            3.1.7 We reserve the right to suspend your Account and cancel your right to receive the Services if we have reason to believe that:

                        (a) you have failed comply with your responsibilities under this Contract;

                        (b) you have breached a term of this Contract;

                        (c) you have misused the AccountCustomer Portal or Services; or

                        (d) if you owe money to us.

            3.1.8 We are not liable for:

                        (a) any harm to you, which we could not have expected when we agreed your Contract and which was therefore not a foreseeable result of our breaching this Contract;

                        (b) any damage you suffer that is outside our control;

                        (c) any loss you incur as a result of your use of an incorrect or inadequate cable (having regard to paragraph 3.2.1); or

                        (d) business losses including loss of business, revenue, profit, or savings that you expected to make

            3.1.9 Nothing in this Contract limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud.

            3.1.10 If for any reason we are found to be liable for any losses suffered by you in connection with this Contract, our liability will be limited to the greater of: £1,000 or the amount you have paid to us in the past 24 months in respect of your receipt of the Services as at the point the liability arises.

            3.1.11 We might transfer this Contract to another company. If we do, it won’t affect your legal rights. We’ll share your personal data with the company so that they can carry on supplying the Services to you.

3.2 Your responsibilities

            3.2.1 If the Charge Point does not have a permanently attached cable then you will need to use your own cable to attach your Electric Vehicle to the Charge Point and to charge your vehicle. We are not responsible for any loss you may incur due to the use of any faulty or incorrect cable. It is your responsibility to ensure that you use the correct equipment for this purpose and that the cable you are using is fit for that purpose and compliant with the appropriate British and International Standards (including IEC 61851-1 and BS EN 62196-2 standards as amended from time to time).

            3.2.2 You must pay for the Services in accordance with this Contract.

            3.2.3 You must not:

                        (a) tamper with the Charge Point in any way;

                        (b) use the Charge Point for any purpose other than to charge your Electric Vehicle;

                        (c) damage the Charge Point;

                        (d) allow anybody else to use your Customer Portal (it being acknowledged that if you do allow a third party to use your Customer Portal then you shall be liable for that third party's actions or omissions as if they were your own).

            3.2.4 We have the right to change the terms of this Contract at any time. We will use our best efforts to provide you with as much notice as possible of any material changes via the Website, by e-mail or via the App. If you are unhappy with the changes made to this Contract you may cancel your Account in accordance with paragraph 2.1.4.

4. Paying us and topping up your account

4.1 The amount that you will be charged each time you charge your Electric Vehicle at a Charge Point will depend on the amount of energy provided and/or the time that your Electric Vehicle was connected and the location of the Charge Point. The current prices for charging your Electric Vehicle can be found on the Website and on the App. The prices are shown per kWh and/or p/hour and are inclusive of VAT. Prices can change from time to time and will vary depending on the Charge Point. You will be able to monitor ongoing cost of the charge via the App and when you have finished charging your vehicle you will be able to review all your charges on the Customer Portal.

4.2 You will only be able to charge your Electric Vehicle at a Charge Point if your Account is in positive credit. If you have opted out of the Auto Top Up and your Account does not have enough credit to pay for the amount of charge you have used then:

            4.2.1 your Account will be in debt. (Please ensure you have a minimum balance on your account of £10 at all times).

            4.2.2 you will not be able to charge your vehicle at a Charge Point until you have topped up your Account manually in accordance with paragraph 4.3 such that your Account is in positive balance or have opted back into the Auto Top Up arrangements; and

            4.2.3 we reserve the right to recover from you the amount which your Account is in debt.

4.3 You can top up your Account at any time via the Customer Portal.

4.4 Unless you have opted out of the Auto Top Up via your Account then, if the balance on your Account falls below £10.00 (ten pounds), we will automatically deduct £15.00 (fifteen pounds) from your payment card to top up the credit on your Account (the "Auto Top Up").

4.5 You can opt out of the Auto Top Up at any time via your Account. If you opt out of the Auto Top Up, you will be responsible for manually topping up your Account. You can also opt back into the Auto Top Up via your Account and if you opt back into the Auto Top Up, we will automatically top up your Account in accordance with paragraph 4.4.

4.6 You can request a refund of any credit on your Account and/or the closure of your Account at any time by notifying us by e-mail or telephone (please see our contact details at paragraph 1).

4.7 If your Account is dormant for a period of two years, we will cancel your Account and try to contact you using the personal details we hold to refund any credit that you have remaining on your Account. If we are unable to reach you within 6 weeks, we will refund the credit on your Account to our chosen charity.

5. Personal data

5.1 Processing your data

            5.1.1 If you provide any personal data to us under this Contract, E.ON Energy Solutions Limited will be the ‘data controller’. Our Data Protection Office can be contacted at: Newstead Court, Little Oak Drive, Annesley, Nottinghamshire, NG15 0DR.

            5.1.2 We will process your personal data in line with our privacy notice, which we will amend from time to time. You can find it at eonenergy.com/privacy. Our privacy notice sets out:

                        (a) where we might get data about you from;

                        (b) why we need it;

                        (c) what we might do with the data (including who we might share it with);

                        (d) the circumstances in which your data might be transferred abroad; and

                        (e) how long we keep it for.

5.2 Your rights

            5.2.1 You have a number of rights which relate to the access to and control of your personal data. These are also set out in our privacy notice.

6. Complaints

6.1 If we haven't given you the kind of service you expect, you can:

            6.1.1 call us on 0330 202 4417; or

            6.1.2 e-mail us at EONDriveUK@eonenergy.com; or

            6.1.3 write to us at Customer Service Centre, E.ON, PO Box 7750, Nottingham NG1 6WR.

6.2 We train our customer care team to be able to resolve most issues straightaway. If they cannot do so, our resolution team will take over. We try to resolve complaints in two working days or less. If you’re not satisfied with how we respond, you can ask us to review your case. We’ll look into how we’ve handled it and decide if we should do anything differently.

6.3 If we haven’t resolved your complaint after eight weeks, or if we’ve sent you a final resolution letter, also known as a deadlock letter, to say there’s no more we can do, you can go to the Energy Ombudsman. This is a free and impartial service that resolves disputes between energy companies and customers.

6.4 You can get in touch with the Ombudsman by:

            6.4.1 telephone on 0330 4401624; or

            6.4.2 e-mail at osenquiries@os-energy.org.

6.5 What they decide is legally binding for us, but not for you.

6.6 To 'Know Your Rights' and to obtain free, independent, confidential and impartial advice on consumer issues visit www.citizensadvice.org.uk/energy. You can also call the Citizens Advice consumer helpline on 0808 223 1133 (England) or 0808 223 1144 (Wales), or fill in their energy query form. You can do any of this at any point during the complaints process.

6.7 If we change our complaints process, we’ll tell you through your Customer Portal, and through our Website.

7. Definitions

Account means your E.ON Drive account registered for/accessed via the Website or App

App means the E.ON Drive App which is available from the Google Store or Apple App Store

Auto Top Up has the meaning given to it in paragraph 4.4

Charge Point(s) mean the physical units at which Electric Vehicles can be charged

Contract means these Terms and Conditions

Customer Portal means your online Customer Portal accessed via www.eondrive.co.uk/customer or through the App

Electric Vehicle(s) means a motor vehicle that uses electricity to power or assist in the propulsion of the motor vehicle and where the vehicle battery may be charged by plugging the vehicle into a dedicated Charge Point

Initial Registration Deposit means an initial deposit deducted from your bank account upon registration and notified to you prior to your completion of registration

Tag means the E.ON Drive RFID tag designed to be attached to a key ring and used to access the Services at a Charge Point

RFID means Radio Frequency Identification and refers to a small electronic circuit embedded in the RFID Card or Tag and used to communicate with the Charge Point in order to identify the driver and provide access to the Services

RFID Card means the credit card sized E.ON Drive RFID card used to access the Services at a Charge Point

RFID Card and Tag Fee means a fee payable by you for the RFID Card and Tag and notified to you prior to you requesting the RFID Card and Tag

Services means the provision of electricity to you via the Charge Points and access to the Customer Portal

Website means www.eondrive.co.uk

E.ON Drive App Terms and Conditions

1. App terms

1.1 By installing the App and using our services, you agree to be bound by:

            1.1.1 these terms of use ("App Terms"); and 

            1.1.2 our Privacy Policy.

1.2 Please review them carefully before you accept them. If you do not agree to these terms then we will not licence the App to you and you must not download or use it.

2. The App

2.1 The App is provided by E.ON Energy Solutions Limited trading as E.ON Drive, a business division of E.ON Energy Solutions Limited (whose company number is 03407430 and registered office is Westwood Way, Westwood Business Park, Coventry, CV4 8LG) ("we", "us" or "E.ON") to enable you to find the location and availability of the nearest Charge Point, charge your Electric Vehicle and access the Services. The App can be used on most Apple iOS and Android OS devices.

2.2 We may change the App Terms at any time and will inform you of a change through the App, when you next start the App. The new terms may be displayed on-screen and you may be asked to read and accept them to continue your use of the App.

2.3 We may update the App to add and improve its functions.

2.4 If you have any issues with the App, please contact us by e-mail at EONDriveUK@eonenergy.com and we will do our best to help you.

2.5 The App is provided for convenience. You acknowledge that the App (and the Services provided through the App) are dependent upon third parties. E.ON does not guarantee a certain availability of the App. In particular, maintenance work, disturbances in your access requirements, events beyond our/third parties’ control such as power failures can lead to non-availability of the App. E.ON may temporarily limit or stop the App at any time. E.ON will carry out the required maintenance work, as far as is possible, in low-usage times. Should longer temporary performance adjustments or restrictions be required, E.ON will advise you of the nature, extent and duration of the impairment to the extent that this is objectively possible in the circumstances and the disclosure would not delay the removal of any interruption already occurred.

2.6 You do not need to register on the App to use it, however, you can register with us in order to create an Account which simplifies payment for charging your Electric Vehicle and reviewing previous charging transactions. You will need to create an Account to access our private charge posts that are not available to the general public where you have been granted use of these facilities.

3. The App services

3.1 The App includes the following Services:

            3.1.1 the ability to locate E.ON Drive and third-party Charge Points on an interactive map and obtain directions to those Charge Points; and

            3.1.2 for E.ON Drive Charge Points,

                        (a) a list of nearby charge points and maintain lists of favourite locations;

                        (b) a filter of the displayed charge points by connector type;

                        (c) the provision of pricing information for each Charge Point;

                        (d) the ability to start and stop the charging of your Electric Vehicle and monitor the status of any ongoing charging transaction; and

                        (e) the ability for registered users to view their available balance.

3.2 We may use third-party suppliers to support us in providing the App. We take reasonable care in selecting our suppliers so as to protect your security.

3.3 By uploading or submitting any information, content or materials to the App, you allow us (and our suppliers) a worldwide right to use it to provide the App to you. More information about how we use your information, and how it is held securely, is in our Privacy Policy.

4. Compatible devices and mobile data charges

4.1 In order to use the App, you are required to have a compatible mobile telephone or handheld device and internet data access. You must have obtained permission from the owners of any devices you use that are controlled, but not owned, by you to download and use the App.

4.2 You may be charged by your mobile network operator for internet data access. You accept responsibility for the use of the App (including data charges) and any service on or in relation to any device, whether or not it is owned by you.

5. Proprietary rights and license

5.1 All trademarks, copyright, database rights and other intellectual property rights of any nature in the App (including its appearance and branding), together with the underlying software code, are owned by E.ON or its licensors. We may also use open source software code in the App.

5.2 E.ON grants you a revocable right to use the App for your personal (non-commercial) use in accordance with these App Terms.

5.3 You will be able to use the Services once you have downloaded and installed the App.5.4 In using the App you agree:

            (a) not to copy, decode, reverse engineer, disassemble, decompile or otherwise translate or convert the App;

            (b) not to infringe or copy the code or content or the design of the App;

            (c) not to use the App for any purpose other than to receive the Services;

            (d) not to observe, study or test the functioning of the App (or any part of it), but only so far as the same cannot be restricted by law;

            (e) not to distribute, rent, assign, sub-licence, lease, resell, distribute or otherwise deal in or encumber the App;

            (f) not to remove or modify any trademark, copyright notice or other proprietary marking or notices on the App;

            (g) not to use the App, or permit it to be used, on behalf of any third party;

            (h) not to attempt to circumvent or interfere with any security features of the App;

            (i) not to use the App in any way that breaches any applicable law or regulation;

            (j) not to upload material to the App that might reasonably be considered likely to upset other users, including (but not limited to) the following: libellous or defamatory comments; anything which discriminates against race, sex, religion, nationality, disability, age or sexual orientation; personal insults about another user; content containing profanities; or harassing, obscene, indecent or offensive language;

            (k) not to submit to or make a statement on the App which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

            (l) not to make on the App any reference to any ongoing or pending criminal trial anywhere in the world, or advocate, promote or incite any third party to commit, or assist any unlawful or criminal act;

            (m) not to submit to the App the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than yourself;

            (n) not to impersonate another user, misrepresent your identity or misrepresent your affiliation with any other person on the App;

            (o) not to submit any content on the App which infringes the intellectual property rights of any third party or that may constitute a criminal offence or give rise to civil liability or that otherwise violates any national or international law or regulation; and

            (p) not to misuse the App by knowingly introducing viruses, trojan horses, worms, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code which is malicious or technologically harmful.

5.4 You will not, nor allow third parties on your behalf, to (i) make and distribute copies of the App; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; (iii) create derivative works of the App; (iv) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App; (v) make alterations to, or modifications of, the App, or permit the App to be combined with, or become incorporated in, any other programs.

5.5 You will comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.

6. Acceptable use restrictions

6.1 You must not, and must not permit any other person to:

            6.1.1 use the App in any unlawful way or in breach of these App Terms, or act fraudulently or maliciously;

            6.1.2 infringe intellectual property rights in relation to the App, or by your use of it;

            6.1.3 use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other persons; and

            6.1.4 attempt to decipher any transmissions to or from the servers running any service.

7. Data protection

7.1 Any personal information you supply to us (and which we collect from you) when creating an Account or using the App will be used by us in accordance with our Privacy Policy.

8. Suspending and stopping your use of the app

8.1 We may suspend or end your use of the App at any time with or without informing you. We have no obligation to resume provision of the App or Services to you, or to re-activate your Account, if suspended or closed. If we permanently end your use of the App then: (a) the rights granted to you in these App Terms end, and (b) you must stop use of the App and remove it from your devices.

8.2 You may stop your use of the App at any time by removing the App from your device. Doing so will not automatically delete your Account, if you have one. You can ask us to close your Account by contacting us at EONDriveUK@eonenergy.com. We will delete the Account information we hold about you after a period of inactivity on your Account, in accordance with our Privacy Policy.

9. Limitation of liability

9.1 The App has not been developed to meet your individual requirements, and it is your responsibility to ensure that the App meets your requirements.

9.2 We only supply the App for domestic/personal use. You may not use the App for commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also have no liability to you for any damage or alteration to your equipment including your devices as a result of the installation or use of the App.

9.3 All information, content and materials displayed on the App is provided for information only. Accordingly, you agree that we are not liable to you for:

            9.3.1 any action (or inaction) resulting from use of or reliance on information, content and materials displayed in the App (or any loss or damage you suffer as a result);

            9.3.2 third party sites linked to or accessed from the App (or your use of, or reliance on, those sites); or

            9.3.3 any dealings you have with third parties (including your providers) through the App.

 

Our responsibility

9.4 We are not liable to you under or in connection with these App Terms for:

            9.4.1 any harm to you which is not a foreseeable result of our breaching any obligations in these App Terms;

            9.4.2 any damage you suffer that is outside our control;

            9.4.3 loss of business, revenue, profit, or savings that you expected to make.

9.5 Nothing in these App Terms limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud.

9.6 If for any reason we are found to be liable for any losses suffered by you in connection with these App Terms, our liability will be limited to £250.

Your responsibility

9.7 You agree to reimburse us for any losses we incur as a result of your breach of, or failure to comply with, these App Terms or if we suffer any losses as a result of your use of the App Terms.

10. Disclaimer

10.1 The App may contain links to third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You need to make your own judgement on any Third-party Sites, including the purchase and use of any products or services accessible through them.

10.2 To the maximum extent permitted by law, we disclaim all implied warranties with regard to the App. We do not warrant that the information, content or materials displayed on the App are accurate, sufficient or error-free, nor that the information on our system is, when accessed by you, up-to-date or complete. The App and software are provided "as is" and "as available" without warranty of any kind.

11. Complaints

11.1 If you have any complaints about the App please contact us by e-mail at EONDriveUK@eonenergy.com.

12. Other important terms

12.1 We may transfer our rights and obligations under these App Terms to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.

12.2 If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by us in writing.

12.3 Each of the conditions of these App Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

12.4 Please note that these App Terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

13. Definitions

Account means your E.ON Drive account registered for/accessed via the Website or App

App means the software application currently known as the E.ON Drive App which is available from the Google Store or Apple App Store

Charge Point means the physical units at which Electric Vehicles can be charged

Electric Vehicle means a motor vehicle that uses electricity to power or assist in the propulsion of the motor vehicle and where the vehicle battery may be charged by plugging the vehicle into a dedicated Charge Point

Privacy Policy means the E.ON Drive App Privacy Policy available at www.eonenergy.com/privacy

Services means any of the services set out in paragraph 3.1. Website means eondrive.co.uk/register

Our complaints procedure for E.ON Drive charge point users

1. Raising your concerns

If you're not happy about the service you've received then please get in touch:

  • By phone on 0333 202 4417, standard call rates apply and we may record calls for quality and training purposes
  • By email at eondriveuk@eonenergy.com
  • By post at E.ON Drive Customer Service Team, PO Box 7750, Nottingham, NG1 6WR

2. What counts as a complaint?

A complaint is an expression of dissatisfaction made to E.ON relating to any of its products or services.

A complaint can relate to:

  • Any of our products and services
  • When someone feels they've been unreasonably impacted upon by our products or services
  • Where we haven't met the agreed standards

3. What we'll do next

1. If we're not able to deal with your complaint over the phone we'll send you an acknowledgement letter, no more than five business days after receiving your complaint. In the letter, we'll confirm receipt of your complaint and let you know a date when we plan to resolve your complaint by.

2. We'll keep you updated on our progress.

3. When we've completed our investigation, we'll advise you of our final response. This will clearly set out the results of our investigation and the outcome of your complaint.

4. Still not satisfied?

Our aim is to give you a fair outcome within eight weeks. If you aren’t satisfied with the outcome or we haven’t provided a final response within eight weeks, you can escalate your complaint to the Energy Ombudsman, to progress the complaint further. Their contact details are below.

The Energy Ombudsman is a scheme operated by the Ombudsman Services, set up to help resolve consumer disputes. They’ll carry out an impartial review of your complaint. They’re independent and their service is free to you.

5. What the Energy Ombudsman can decide

If the Energy Ombudsman say we’re at fault, they may decide that we must offer you one of the following:

  • A service or some practical action that will benefit you
  • A financial award
  • An apology
  • An explanation

If your complaint is investigated and you accept the Energy Ombudsmen decision, we’re bound by this.

As a consumer, you aren’t obliged to accept their decision and can still take your complaint elsewhere, (i.e. court).

6. Contact details for Ombudsman Services: Energy

You can contact the Ombudsman in the following ways:

  • by e-mail - osenquiries@os-energy.org
  • by phone - 0330 440 1624, standard call rates apply
  • by post - PO Box 966, Warrington, WA4 9DF
  • online via their website: www.os-energy.org

Having an EV charger installed at home

1. How this Contract works

1.1 The Contract is between You and Us. It is made up of (i) Your Customer Proposal Form and (ii) these Terms and Conditions (including the schedules), which You will receive together. It is important for You to read these Contract Terms and Conditions carefully so that You understand exactly how it works.

1.2 If You  want to talk to Us about this Contract, or if You would like this Contract in another format (for example: audio, large print, braille), please contact Our EV Home Charge Support Team by email at eondriveuk@eonenergy.com or by telephone on 0333 202 4417 (we’re open Monday to Friday: 8am to 8pm and Saturday: 8am to 4pm).

1.3 If the Contract names more than one person, You’ll all be responsible – as individuals and together – for Your obligations under the Contract.

1.4 If there is any conflict between this Contract and Your Customer Proposal Form, this Contract will take priority.

2. Your right to cancel the Contract

2.1 You may cancel the Contract within 14 days from the start date of Your Contract if You change Your mind (the “Cooling Off Period”). To cancel, You must tell Us within the Cooling Off Period by sending us either an email or a  letter attaching a completed Cancellation Form as set out in Schedule 2. You can find Our contact details in the “Contacting Us” section below.

2.2 After the Cooling Off Period, You can cancel Your Contract by sending us a completed Cancellation Form up to five Working Days before Your scheduled Installation Date. If You cancel within five Working Days of Your scheduled Installation Date, We reserve the right to charge You £200 to cover Our committed costs and if We have already begun the Installation before You tell Us You want to cancel the Contract, but We have not completed the Installation We will remove all parts of the EV Home Charger that were installed at the time of cancellation.

2.3 After the Installation Completion Date You will lose the right to cancel the Contract and it will continue in effect.

3. Our right to end or suspend the Contract

3.1 In addition to the rights We have to end the Contract in Paragraph’s 4, 8, 9 and 16 We may also immediately cancel the Contract or suspend the Contract for up to 30 Working Days at any time if We are unable to complete the Installation for any reason that will affect Our ability to complete the Installation (e.g. health and safety, structural or technical reasons connected with Your Home) which has not been caused by Our neglect or default and which has not been resolved within three months of Us telling You about it.

 

3.2 If the Contract has been ended due to the reasons detailed in Paragraph 3.1 after We have started the Installation, We will remove the EV Home Charger from Your Home and remedy damage We have caused by the removal at no cost to You.

 

3.3 If We suspend this Contract as mentioned in Paragraph 3.1 We will tell You when, if at any time during the 30 Working Days the Contract is suspended for, We are able to proceed with the Installation. If after 30 Working Days  of suspension, We are still not able to proceed with the Installation We will end the Contact immediately and if We had already begun the Installation at Your Home we will remove the EV Home Charger as set out in Paragraph 3.2. 

4. Ending the contract

4.1 In addition to  Your right to cancel and  Our right to end  the Contract in Paragraphs 2 and 3 of these Terms and Conditions:

4.1.1 You may end the Contract immediately, by sending Us either an email or a letter attaching a completed Cancellation Form as set out in Schedule 2, if We do not comply with the Contract and (i) We have been informed about Our non-compliance and (ii) after being informed, We continue to not comply for a period of 30 Working Days.

4.1.2 We may end the Contract immediately where You do not comply with the Contract and (i) You have been informed about Your non-compliance and (ii) after being informed, You continue to not comply for a period of 30 Working Days.

5. Consequences of cancellation

5.1 If You have ended the Contract for the reasons stated in Paragraph 4.1.1 and We have partially completed the Installation of the EV Home Charger, We will remove the EV Home Charger from Your Home and remedy the damage We have caused by the removal at no cost to You and We will refund any payments made by You.

5.2 If We have ended the Contract for the reasons stated in Paragraph 4.1.2 We may charge You for the costs We have incurred up until the cancellation of the Contract (as well as costs for removing the EV Home Charger, where applicable).

5.3 Ending Your Contract for the reasons stated in Paragraph 4.1.1 after completion of the Installation will not affect any guarantees and warranties provided in relation to Your EV Home Charger, any rights and responsibilities that You or We had before the Contract ended, or which are due to come into force under the Contract or to continue after the date it ended.

5.4 If We end Your Contract for the reasons stated in Paragraph 4.1.2 any guarantees and warranties provided in relation to Your EV Home Charger will become null and void. 

6. About us

6.1 We may transfer Our rights and/or obligations under the Contract to another company. If We arrange for another company to perform Our obligations for Us, this will not affect Our responsibility to You under the Contract.

7. OLEV EVHS Grant

7.1 We are accredited by the Office for Low Emission Vehicles (OLEV) to access the Electric Vehicle Home Charge Scheme (EVHS) funding. The grant subsidises the cost of installing a residential EV Home Charger for the owners/ primary users of electric vehicles. The grant allows Us to reclaim up to £350 towards the cost of installing an EV Home Charger on behalf of eligible customers. To be eligible for the grant You must meet the eligibility criteria set  by OLEV. Full details of the OLEV EVHS grant can be found here

7.2 By accepting an OLEV grant funded EV Home Charger Installation, You confirm that You have read, agree with and can comply with all the Terms and Conditions of the EVHS Scheme.

7.3 It is Your responsibility to inform Us of any changes to Your OLEV EVHS grant eligibility prior to the day of Installation. As detailed in the Terms and Conditions of the OLEV EVHS grant, OLEV reserves the right to take whatever action it deems necessary in order to claim the funding back from the customer, where a customer has failed to inform an Installer of any such change.

7.4 If You are claiming the OLEV EVHS grant, You agree to complete and sign OLEV EVHS grant claim form Part A  of Annex D and return this to Us, along with evidence of Your eligible vehicle, before Your Installation Date and then sign Part B  of Annex D on the day of Installation once Your Home Charger has been installed.

7.5 You agree for Us to pass Your details on to OLEV to apply for the EVHS grant on Your behalf.

8. What we need you to do before we install your EV home charger

8.1 The cost of the Installation will be set out in Your Quote.

8.2 A standard home charger Installation includes fitting of the EV Home Charger on a brick or plaster wall, or to another suitable permanent structure with a cable run back to the consumer unit of under 15 metres. Cables will be fixed flush to the wall at a height of under 1.8m. The cable can be routed through a drilled hole in a wall up to 500mm thick, if this is needed. An earth rod will be installed in soft ground, where required. We will not run cables behind walls, through joists, under tiles/carpets/floorboards or install cables in trenches or aerially unless this is specifically referred to in the Quote Summary as these are non-standard items.

8.3 In some instances, We may identify unexpected extra works when Our installer attends Your Home that have not been identified from the Installation Survey. These unforeseen works may include additional drilling, a requirement for a longer cable due to the positioning of the fuse cord or if hazardous material such as asbestos is discovered.

8.4 If We do identify unforeseen works as set out at Paragraph 8.3 We will discuss this with You and if necessary, We will reschedule an Installation Date once the works required to rectify the unforeseen works  are complete or Our Re-Quote for the work has been accepted by You. It is Your responsibility to rectify unforeseen works but where possible We will issue a Re-Quote for Your consideration where We are able to undertake the works required to rectify the unforeseen works.

8.5 In the event of unforeseen works We reserve the right to suspend the Installation in accordance with Paragraph 3.1 until the unforeseen works have been rectified.

8.6 You may reject the Re-Quote or inform Us You will not be undertaking the works required to rectify the unforeseen works. Where You do so We will end the Contract and where relevant remove the EV Home Charger from Your Home and remedy the damage We have caused by the removal. We reserve the right to charge You for any costs We have incurred  in undertaking the Installation up to and including the date We end the Contract.

8.7 We can only complete Your Installation if the electrical capacity (main fuse) of Your Home can support the additional electrical demands of Your EV charger. We will take steps to determine that You have the additional capacity ahead of Your Installation and whether We need to apply to Your Distribution Network Operator (DNO) as part of this. By signing this Contract, You authorise E.ON to make this application to Your DNO.

8.8 If the capacity of the main fuse in Your property is not sufficient then We may have to delay Your Installation until Your main fuse and/or electricity supply is upgraded by Your DNO (this could incur additional costs). If it is not possible to upgrade Your main fuse and/or electricity supply or You do not want to do this then We may end the Contract in accordance with Paragraph 3.1.

8.9 Before We carry out the Installation, You must satisfy the following conditions (unless We tell You otherwise) (the “Installation Requirements”):

8.9.1 The Cooling Off Period has ended and You haven’t cancelled the Contract.

8.9.2 You have a broadband connection at Your Home with a free ethernet port (on Your broadband router) to which We can connect Your EV Home Charger to enable communications with the EV Home Charger.

8.9.3 You have completed any actions that We have specified that You must carry out.

8.10 You must also obtain all consents and permissions by the date on which We begin the Installation to allow Us to carry out the Installation and to keep Your EV Home Charger installed at Your Home. These consents and permissions may include planning permissions, landlord consents and mortgagor consents. If We ask You, You must promptly provide Us with proof that You have obtained them. 

9. Arranging a date for the Installation

9.1 Once We have received and reviewed Your signed Contract and OLEV grant claim form Our team will contact You to arrange a date on which We can begin the Installation (the “Installation Date”).

9.2 Once Your Installation Date is arranged, We will send You a link to Our E.ON Drive smart charging registration page. Whilst it’s not a requirement to register for an E.ON Drive account, You must do so in order for Your Home Charger to work smartly . This account can be used for Home Charging and for access to E.ON Drive’s public charging network. You will not be required to credit Your account for use with Your Home Charger but to use E.ON Drive’s public charging network You must credit Your account. Full Terms and Conditions for Your E.ON Drive account are provided at registration.

9.3 If You want to re-arrange the Installation Date, You must give Us at least three Working Days’ notice. If You give us less than three Working Days’ notice, We reserve the right to charge You the costs We have incurred as a result. If You rearrange the Installation Date more than twice, We may end the Contract.

9.4 We may re-arrange the Installation Date if We believe that, on the day, the weather or the occurrence of an event or circumstances at or near Your Home (and which is outside Our reasonable control) means that We cannot carry out the Installation safely. We will try to give You as much advance notice as possible.

10. Hazards during the Installation and protection against these hazards

10.1 During the Installation a number of new hazards and risks will be introduced to Your Home. We want to keep You, or anyone else at Your Home and Our personnel and any contractors as safe as possible. Existing and potential hazards and risks which could be introduced to Your Home are set out below. Others may also arise during the Installation. By signing this Contract You confirm that You understand and are aware of what You need to do regarding the Hazards associated with the Installation. Please stay away from work areas when tools are in use, attract the attention and follow the instructions of the technicians/contractors at all times.

10.1.1 Materials and Tools – Materials and Tools are present to aid the technicians/contractors in  their work. If used or interfered with these could cause serious personal injury. Furthermore, materials and tools can cause a slip, trip or fall hazard.

10.1.2 Noise and dust – Short durations of loud noise and dust creation from power tools such as drills will be created during the Installation. Keep doors closed to minimise the effect of noise and dust.

10.1.3 Children and pets –Please keep children and pets away from the Installation area and any tools and materials. 

11. What we need you to do during the Installation

11.1 In order for Us to carry out the Installation:

11.1.1 You, or a responsible person who is over 18 years old and authorised by You, must be at the Home at all times (unless We agree with You otherwise).

11.1.2 You must take reasonable steps to ensure the health and safety of Our personnel, contractors and subcontractors whilst they are working at the Home.

11.2 If We leave any tools or equipment with You (with Your agreement) and You damage, tamper or lose them (or fail to prevent their damage or loss), We may charge You for Our costs in repairing and/or replacing them.

11.3 You agree to give Us (and Our representatives and subcontractors) safe, full, free and unrestricted access to Your Home including access to electricity, broadband, earthing and other relevant services at Your Home that We need to carry out the Installation.

11.4 If We ask, You must empty and otherwise make ready, cupboards, storage and other parts of Your Home to enable the Installation.

12. Our Responsibilities During the Installation

12.1 In carrying out the Installation:

12.1.1 We will observe all relevant health and safety regulations.

12.1.2 We will use reasonable care and skill.

12.1.3 We will:

    a) take reasonable care to avoid disrupting Your Home;

    b) remove all waste material relating to the work We have carried out; and

    c) remedy damage We have caused.

12.1.4 We will use materials that are of a satisfactory quality.

12.1.5 We will ensure that Your EV Home Charger complies with all relevant regulations and standards current at the time.

12.2 We will use Our reasonable efforts to ensure that the equipment that We install at Your Home as part of Your EV Home Charger corresponds with the equipment set out in Your Customer Proposal Form. However, We cannot guarantee that the equipment will be available when carrying out the Installation. If any equipment is unavailable, We will notify You of this and install substitute equipment which is of a similar or better specification to the unavailable equipment.

13. Completion of the Installation

13.1 We will let You know once the Installation is complete (the ”Installation Completion Date”). Once the Installation has been completed and full payment under Paragraph 15 has been made:

a) You will become owners of and be responsible for Your EV Home Charger; and

b) You will benefit from the Warranty which will last six (6) years from the Installation Completion Date. This Warranty will be for Your benefit and for subsequent owners of Your Home (for the duration of the Warranty period) and subject to You complying with Paragraph 18.3. The Warranty has its own Terms and Conditions and is subject to exclusions which can be found at Schedule 1. We recommend that You read these carefully to understand Your rights and obligations under them.

c) If Your EV Home Charger develops a fault You should contact Our EV Home Charger Support Team by email at  eondriveuk@eonenergy.com or by telephone on 0333 202 4417.

d) Other than the EV Home Charger Warranty, all other warranties (including fitness for purpose) are implied by law or otherwise are excluded to the fullest extent permitted by law.

14. Following Installation

14.1 You will only use the EV Home Charger for the purpose it is intended and in accordance with the instructions provided.

14.2 You must maintain a broadband connection at Your Home and keep Your EV Home Charger connected to it to enable communications with the EV Home Charger and keep its Smart functionality.

14.3 You must allow Us, Our personnel and contractors to access Your Home at reasonable times where We ask You  in order to inspect Your EV Home Charger, to carry out any of Our responsibilities or exercise any of Our rights under the Contract. For example, if You or We identify that Your Home Charger is no longer communicating via the broadband  connection or we remotely identify an issue, We may need to inspect Your EV Home Charger to determine the reason for this. We would make all inspection arrangements  with You in advance of visiting Your Home.

15. Payment

15.1 You have 30 days from the Installation Completion Date to make payment in full of the Price.

15.2 Payment should be made by BACS using the details set out in Your Quote.

15.3 If payment is not made within 30 days We reserve the right to refer You to Our debt collection team.

15.4 If We cannot reach a resolution with You for payment of the Price We reserve the right to enter Your Home to remove the EV Home Charger and any of Our equipment and You must provide Us with access to do so under Paragraph 14.3.

16. What happens if we can’t go ahead with your installation

16.1 Neither You nor We will be legally responsible to the other for any failure or delay to perform its obligations under this Contract if such a failure or delay is due to extreme bad weather or the occurrence of an event or circumstances (which is outside of Our or Your reasonable control) that means We cannot carry out the Installation safely.

16.2 If extreme bad weather or the occurrence of an event or circumstances (which is outside of Our or Your reasonable control) affects Yours or Our ability to carry out its obligations under the Contract for a continuous period of one month then the non-affected person may end the Contract.

16.3 If the Contract has been cancelled due to the reasons detailed in Paragraph 16.2 after We have started Installation, We will remove the EV Home Charger from Your Home and remedy any damage We have caused by the removal at no cost to You.

17. Limits on Our Responsibility to You

17.1 Nothing in the Contract removes or limits Our legal responsibility to You for death or personal injury caused by Our negligence. We also accept full legal responsibility if We act in a fraudulent way. This Contract does not affect any rights You have by law.

17.2 We are not responsible for any wear and tear including cosmetic damage to the EV Home Charger after the Installation Completion Date.

17.3 Except for Our legal responsibility for death or personal injury, as set out above, We are not legally responsible under this Contract for:

17.3.1 Any losses that are not Our fault, or that We could not have reasonably expected when We entered into this Contract; or

17.3.2 Any financial losses (for example, wasted expenses or loss of profit, income, opportunity, contract or goodwill).

17.3.3 If We are legally responsible to You for any loss or damage Our legal responsibility to You will be limited to £100,000 for all incidents that lead to loss or damage.

 

18. If You are moving home

18.1 If You are going to move out of Your Home before Your scheduled Installation Date You can cancel Your Contract up to five Working Days before Your scheduled Installation Date.

18.2 If You cancel within five Working Days of Your Installation Date, we reserve the right to charge up to £200 to cover Our committed costs.

18.3 If You move out of Your Home following Installation of Your Home Charger, You  must tell Us so We can ensure Your EV Home Charger will work for the next occupant and that they benefit from any remaining Warranty period. To do this, please contact Our EV Home Charger Team by email at eondriveuk@eonenergy.com or by telephone on 0333 202 4417. We request that You leave Your handover pack, provided following Installation as detailed in Paragraph 13.2(b), so that the new occupant of Your Home is able to use the EV Home Charger and to contact Us.

19. Advice and complaints

19.1 If We fail to deliver the standard of service You expect, You can contact Our EV Home Charger Support Team so that We can put it right. You can find their contact details in the “Contacting Us” section below.

19.2 We train Our EV Home Charger Support Team to be able to sort most things out straight away. If they can’t, Our resolution team will take over. We try to resolve complaints in two Working Days or less. If You’re not satisfied with how We respond, You can ask Us to review Your case. We’ll look into how We’ve handled it and decide if We should do anything differently.

19.3 If We haven't resolved Your complaint after eight weeks, or if We've sent You a final resolution letter, also known as a deadlock letter, to say there's no more We can do, You can go to the Retail Ombudsman. It's a free and impartial service that sorts out disputes between companies and customers.  You can get in touch with the Retail Ombudsman by telephone on: 0203 598 7390 or by email at: enquiries@ombadr.org. What they decide is legally binding for Us, but not for You.

19.4 Alternatively, You can refer Your case to Our nominated alternative dispute resolution provider through the HIES.  Under the HIES, the nominated provider is The Ombudsman Service Limited (registered company number 04351294) and You can contact them via HIES at:

Telephone: 0344 324 5242

Email: info@hiesscheme.org.uk

Website: www.hiesscheme.org.uk

Address: Astley House, 29 Queens Road, Chorley, Lancashire, PR7 1JU

19.5 If You aren't happy with what the Retail Ombudsman decides or if You don't want to refer Your complaint to the HIES to resolve through its alternative dispute resolution procedures, You can refer Your complaint to the courts of England and Wales.

19.6 To 'Know Your Rights' and for free, independent, confidential and impartial advice on consumer issues, visit: citizensadvice.org.uk/energy. You can also call the Citizens Advice consumer helpline on 03454 040506 or fill in their energy query form. You can do any of this at any point during the complaints process.

19.7 If We change Our complaints process, We will tell You through Our website eonenergy.com

20. Personal data

Processing Your data

20.1 If You provide any personal data to Us under this Contract E.ON Energy Solutions Ltd will be the ‘data controller’.

Our Data Protection Office can  be  contacted at Newstead Court, Little Oak Drive, Annesley, Nottinghamshire, NG15 0DR. We will process Your personal data in accordance with Our privacy notice, as amended from time to time, which can be found at eonenergy.com/privacy or by contacting Us to request a paper copy. Our privacy notice sets out:

•           Where We might get data about You from

•           Why We need it

•           What We might do with the data (including who We might share it with)

•           The circumstances in which Your data might be transferred abroad

•           How long We keep it for.

Your rights

20.2 You have a number of rights relating to the access to, and control of Your data. These are also set out in Our privacy notice.

21. How we'll contact you

21.1 If You’ve given Us an email address or mobile telephone number We may email or text You to manage Your account or to provide You with useful information.

21.2 If You change Your email address, or mobile phone number You will need to let Us know straight away to make sure You still receive messages from Us.

22. Contacting us

If You wish to contact Us, please:

Write to Us at:

E.ON Energy Solutions Ltd, Westwood Way, Westwood Business Park, Coventry, CV4 8LG

Call:

Our EV Home Charger Support Team on 0333 202 4417, we're open Monday to Friday: 8am to 8pm and Saturday: 8am -4pm. This is a local rate number when You call from a landline, and mobile, charges may vary.

Email Us ateondriveuk@eonenergy.com

23. General

23.1 We reserve the right to change the terms of the Contract. If We do, We will notify You about the changes and when they will take effect. If You do not agree with the changes, You can cancel the Contract with immediate effect by sending Us either an email or a letter attaching a completed Cancellation Form as set out in Schedule 2 within five Working Days of receiving Our notification. You can find Our contact details in the “Contacting Us” section.

23.2 If any court, ombudsman or any other competent authority decides that any aspect of a provision of the Contract is invalid or unenforceable, that aspect of that provision shall be severed from the Contract and shall have no effect on the remainder of the Contract.

23.3 The Contract is governed by the laws of England, Wales and Scotland. Your statutory rights as a consumer are set out in legislation and nothing in the Contract, or any of Our marketing materials shall affect any of Your or Our statutory rights.

24. Definitions

Where We use the following terms, this is what We mean:

Cancellation Form” means the form set out in Schedule 2 of these Terms and Conditions.

Contract” means these Terms and Conditions and Your Customer Proposal Form.

Customer Proposal  Form” means the document entitled E.ON Drive EV Customer Proposal Form, which We will send to You following Our Survey.

Distribution Network Operator” means the company that is responsible for the distribution of electricity from the national transmission grid to Your home e.g. UK Power Networks or Northern Powergrid.

Electric Vehicle” means any battery-operated vehicle which the EV Home Charger is used to charge.

EV Home Charger” means the Electric Vehicle Home Charger and all associated equipment which We propose to install at Your Home described in more detail in Your Customer Proposal Form.

Force Majeure Event” includes but is not limited to; extreme bad weather, fire, flooding, lightning strike or the occurrence of any event or circumstance which is outside of Our or Your reasonable control.

Home” means Your domestic property, the address of which You provided on Your Customer Proposal Form.

Installation” means the work to install, test and commission the EV Home Charger at Your Home.

Installation Date”  means the date on which we will begin Your Installation.

Installation Completion Date” means the date on which We inform You that Your Installation is complete.

OLEV EVHS Grant” means the Office for Low Emission Vehicles Electric Vehicle Home Charge grant scheme.

Price” means the price of the Installation of the EV Home Charger at Your Home as set out in the Quote and where necessary the Re-Quote.

Quote” means a table stating the Price  of the EV Home Charger to be installed in Your Home and which is contained in Your Customer Proposal Form.

Quote Summary” means a written summary in Your Quote setting out the details of the Installation of Your EV Home Charger.

Re-Quote” means an amended quote issued following the discovery of unforeseen works which affect the Installation. 

Survey” means the detailed analysis of Your Home which We conducted to assess the suitability of Your Home for the Installation and to provide You with a Quote.

Warranty” means the warranty provided by Us  in respect of Your EV Home Charger  attached at Schedule 1

We” /”Us”/ “Our” / “Ours” means E.ON Energy Solutions Limited (Company Number 03407430) whose registered office is at Westwood Way, Westwood Business Park, Coventry, CV4 8LG and companies within the E.ON UK plc group.

Working Days” means a day (other than a Saturday, Sunday or public holiday) when banks in London are generally open for non-automated business.

You”/ “Your” means the person or people who have entered into this Contract with Us.

Schedule 1 - For at home installations

E.ON Energy Solutions Limited provides a limited warranty in respect of the EV Home Charger which We installed at Your Home in accordance with the following terms and conditions:

1.      Scope of Warranty

1.1.     Subject to Clauses 1.2 and 1.3 of this Schedule 1, this Warranty is given for a period of 6 (six) years from the Installation Completion Date (the “Warranty Period”) and will cover the cost of parts and labour for repairs to faults of the EV Home Charger originating from the manufacturing and/or installation of the EV Home Charger.

1.2.    This Warranty does not cover:

1.2.1. cosmetic damage to the EV Home Charger;

1.2.2. wear and tear to the EV Home Charger;

1.2.3. deliberate or grossly negligent damage;

1.2.4. damage to the Electric Vehicle itself;

1.2.5. damage resulting from grid faults or from the acts or omissions of Your Distribution Network Operator;

1.2.6. damage resulting from a Force Majeure Event.

1.3.    For the avoidance of doubt this Warranty will be invalidated where:

1.3.1. the EV Home Charger is misused beyond its intended purpose;

1.3.2.       You attempt to modify the EV Home Charger without Our prior consent and the repair of the EV Home Charger is made unreasonable as a result of such modification;

1.3.3. The Warranty Period has expired.

1.4.    This Warranty is the exclusive warranty and is provided in the place of any warranty as to fitness for purpose, or any other warranty whether express or implied with the exception of warranties of title and infringement.

2.      Procedure for Warranty Claims

2.1.    In order to make a claim under this Warranty You must contact the EV Home Charger Support Team by email at eondriveuk@eonenergy.com or by telephone on 0333 202 4417 as soon as reasonably possible after You become aware of the defect.

2.2.    In the case of a defect which cannot be resolved remotely We will try to contract You to make an appointment to carry out any repairs due under this Warranty. If We are unable to gain access to Your Home on the date of Your appointment We will make a further appointment with You to complete the work at no extra cost. However, if You don’t keep to the agreed appointment time on the second occasion, We reserve the right to charge You for the costs we have incurred in attending the appointment. 

2.3.    In order to carry out the repairs required under this Warranty We will remove Your existing EV Home Charger and replace it with a new EV Home Charger. We will try to ensure that the new EV Home Charger We install will match Your previous EV Home Charger with respect to model and colour but please note that We cannot guarantee this. Where Your previous EV Home Charger model has been discontinued We cannot provide You with the same model but will provide You with another charger of a similar specification. Your previous EV Home Charger will be returned to Us for repair and will then be retained.

3.      Miscellaneous

3.1.    Your rights under this Warranty will be assigned to the new occupant of Your Home if You wish to leave Your EV Home Charger in situ when You move. You must tell Us one month prior to Your move date that You will be moving so that We are able to assign Your rights under this Warranty to the new occupant of Your Home.

3.2.    Without prejudice to Schedule 1 Clause 3.1, You will not be permitted to transfer Your rights under this Warranty to any third party.

3.3.    Should any provision of this Warranty be or become invalid in whole or in part, the validity of the remainder of this Warranty shall not be affected. The invalid provision shall be severed, and the remainder of this Warranty shall continue in force.

4.      Jurisdiction

4.1.    This Warranty is governed by the laws of England and Wales. Your statutory rights as a consumer are set out in legislation and nothing in this Warranty shall affect any of Your or Our statutory rights.

Schedule 2 - Cancellation form

Download and complete this form if you would like to cancel your contract for the installation of an EV Home Charger.