Terms and Conditions of Use
Effective date: Jan 2024
ChargerBill Terms and Conditions
These terms and conditions ("Terms") apply to the use of ChargerBill electrical sockets (“Device”, "Devices") provided by a Device host ("Host"). By using a ChargerBill Device, You (“User”,“You”, “Your”) agree to be bound by these Terms. If either You, or the Host, do not agree to these Terms, the respective party should not use a ChargerBill Device.
ChargerBill (“CB”, “We”, “Us”) provides a service to both You and the Host, enabling the transfer of electrical energy via the Device to Your Electrical Equipment with a related financial transaction taking place between You, Us and the Host to pay for the electrical energy provided and to pay a service fee to Us for enabling the secure transaction to take place. For the avoidance of doubt, We are not engaging in the supply of electricity under the Electricity Act 1989.
ChargerBill Limited is a company registered in England and Wales under company number 14479472. Our registered office address is Pound Scots, Bledlow Ridge, HP14 4AJ.
Our email address is hello@ChargerBill.com
DEFINITIONS
The following words and phrases will have the following meanings:
Account – means the part of the WebApp requiring entry of information by a User or Host.
ChargerBill Device – means the Host’s Device, being a CB01 electrical socket or other ChargerBill product.
ChargerBill Fee – means the % commission, or fixed fee, we take from the User’s payment for a Transaction.
Electrical Equipment – means the user’s electrical equipment they wish to power through the Device electrical plug socket.
Host – means the Device operator, making their Device available for use by Users.
Parties – means the Host, the User, and ChargerBill.
Location – means the location where a Device is fixed for use by Users.
Rate – means the amount of money the Host charges per kWh of power within a Transaction that the Host can set on their Account. The Host is free to change their Rate at any time, but once a Transaction is started, the Host cannot change the Rate for that Transaction until after it is completed or cancelled.
Transaction – means an amount of energy has been requested by, and transferred to, a User, with a valid start and end point.
Host Transaction Fee – means the sum payable by the User to the Host through the TPPP upon the ending of a Transaction, calculated from the Host Rate and the Transaction Parameters.
TPPP - means third-party payment processor. A third-party payment processor is a service that facilitates the processing of payments for businesses. The TPPP processes the financial transactions between ChargerBill, the Host and a User, serving as intermediaries and ensuring the payment process is secure and the customer’s sensitive information is protected. See Stripe, below.
Transaction Parameters - means the Transaction start time, the Transaction end time, the Transaction duration, the Transaction start meter reading, the Transaction end meter reading, the Transaction energy supplied and the Rate of the energy supplied during a Transaction, used to calculate the Transaction Fee, the Host Transaction Fee and the ChargerBill Fee.
Transaction Fee – means the sum payable by the User through Stripe, our TPPP, upon the ending of a Transaction. The Transaction Fee will be subject to the ChargerBill Fee, the Host Transaction Fee and any other transaction fee which will be made clear in the App or the TPPP’s software, systems, or terms and conditions of business.
Service – the service provided by ChargerBill to Users and Hosts.
Stripe – means the third party payment processor, we use to process payments on the behalf of Hosts and Users in relation to the Host Transaction Fee and the ChargerBill Fee. By using Stripe, you hereby authorise ChargerBill and Stripe to share any information and payment instructions you provide to the extent required to complete payments via the Service. Stripe’s terms and conditions of business are available online at stripe.com.
Terms – means this entire document and any linked or ancillary documents or wording mentioned in this document. If the Terms conflict with any other document mentioned, then these Terms shall prevail.
User – means the individual looking to use a Host’s Device to charge their electrical equipment.
WebApp – means the ChargerBill online application software and any related documentation.
1. Access and Availability
You can find and access available Devices by using our website app. You will need to register an account with us and provide your personal and payment details. You are responsible for keeping your account information secure and accurate.
We are unable to ensure that Devices are available and operational at all times, this is the responsibility of the Host and We do not guarantee that they will be free from faults, errors, or interruptions. We are not liable for any loss or damage caused by the unavailability or malfunction of Devices, except as required by law.
We reserve the right to suspend, restrict, or terminate Your access to the ChargerBill service at any time, without notice or liability, if we suspect that You have breached these Terms, or for any other reason at our sole discretion.
2. Your use of the Services
You can use available Devices to charge your electrical equipment according to the instructions displayed on our webapp or website. You must follow any safety precautions and guidelines provided by Us, the Host and the manufacturer of your electrical equipment. You are responsible for connecting and disconnecting your electrical equipment to and from the Device safely and correctly.
You will be charged for the use of the Host’s Device based on the duration and power of your charging session, as indicated on Our Webapp. The prices may vary depending on the location, time, and demand of the Device. You can view the current prices on our webapp before starting Your charging session. Your price per kWh will not change for the duration of any session and will be the price stated when you initiate a charging session
You will pay for Your charging session by using the payment method linked to Your account. You authorize us to charge Your payment method for the amount due for your charging session. You will receive a receipt for your payment by email or via Our webapp.
You must pay for Your charging session in full and on time. If You fail to do so, we may charge You interest, fees, and penalties, and take legal action against you to recover the outstanding amount. We may also suspend or terminate your access to Our service until you pay the outstanding amount.
These Terms apply to both Hosts and Users although certain sections apply specifically to one or the other. The document should be read in its entirety by both entities though, to ensure a thorough understanding of the entire service.
For the way we handle your personal data, please refer to our online privacy policy at https://www.chargerbill.com/privacy.
2.1 Registration of Hosts and Users
2.1.1 You must be at least 17 years of age to register and use the WebApp. You must be at least 18 years of Age to register as a Host as this will require the creation of a Stripe account into which host fees will be paid into.
2.1.2 In order to use the WebApp, you must register as either a User or Host and provide all information necessary to set up an Account and Profile and enable Stripe to process payment Transactions, which may require the creation of an account with Stripe.
2.1.3 Stripe will require payment card details from the User, and recipient bank details from the Host for Transaction payments to be made.
2.1.4 An email address and password will be required to create and log back into an Account. Hosts and Users are responsible for selecting a suitable email address and remembering a suitably safe and secure password, and to keep these secret and confidential.
2.1.5 Users are responsible for all use of their Account.
2.1.6 If you ever feel the security of your Account has been compromised, then please contact us immediately via hello@ChargerBill.com and we will take steps to restore security to Your Account. Please note this may involve the deletion of Your Account.
2.1.7 We may suspend or delete your Account at any time if we suspect you are in breach of the Terms.
2.1.8 All Hosts and Users are responsible for the accuracy of information on Accounts and are requested to keep their Account information up-to-date to avoid inaccurate inaccuracy and avoid a potential breach of Contract
2.2 Host Obligations
2.2.1 The Host warrants to the User that they are the legal and beneficial owner of the Device, or to the extent that they are not, warrant to the User that they have the necessary permissions and authority in place to enter into the commercial relationship.
2.2.2 The Host warrants to the User that it has all necessary insurance policies in place to indemnify the User against any damage, whether to property, personal injury or otherwise, in relation to the normal activities performed. Hosts should consult the terms of their property insurance and/or other resources to establish and mitigate against such risks.
2.2.3 In addition to all other provisions in the Terms, the Host agrees to use the WebApp and conduct themselves in relation to its use in the following ways, to:
a) Ensure the Device is in safe and good working order to comply with any laws and regulations, insurance policies, and the Terms;
b) Ensure the Location and surrounding area is in a safe condition and does not pose any additional health and safety hazard above that to be reasonably expected during a Transaction (including adverse weather conditions);
d) Be as helpful and as accommodating as possible in relation to the User’s Transaction;
e) To make it clear to a User if any additional charges apply, such as parking or overstay charges. It is entirely at the discretion of the Host and the User to agree upon any such conditions before, during and after the Transaction.
2.2.4 The Host agrees not to approach a User to deliberately circumvent the Service to avoid paying Transaction fees.
2.3 User Obligations
2.3.1 The User warrants to the Host that they have all necessary permissions and authority in place to enter into the commercial relationship.
2.3.2 The User warrants to the Host that it has the necessary insurance policies in place to indemnify the User against any damage, whether to property, personal injury or otherwise.
2.3.3 In addition to the other provisions in the Terms, the User agrees to use the WebApp and conduct themselves in relation to its use in the following ways, to:
a) Satisfy themselves that the Device is suitable for powering their Electrical Equipment. Devices will normally be wall or post mounted and will require the User to utilise their own “Mode 2” cable and plug. A Host may refuse use of a Device if it could be foreseen the User proposed to misuse the Device in any way and under no circumstances may a user attempt to use a “Mode 1” cable;
b) Ensure when using the WebApp that the User complies with all laws and regulations and is not under the influence of drugs or other intoxicating drugs or in a debilitated state as to render their use of the Device unsafe;
c) Not conduct themselves in any antisocial way, including the playing of any loud music or cause any disturbance, particularly at night;
d) Conduct themselves in a polite and sensible fashion;
e) Only use the Device as permitted by normal and safe operating standards. If the User is ever unsure of how to use the Charger correctly, then they should enquire with the Host. If there is any foreseeable risk to health and safety, such as a damaged Device, then the User should not connect the Electrical Equipment;
f) Ensure the Electrical Equipment is safe and secure to be left unoccupied during the Transaction, and does not pose any additional health and safety hazard above that to be reasonably expected during a Transaction (including adverse weather conditions);
g) Arrive back at the end of the Transaction period to disconnect and remove the Electrical Equipment from Location immediately after the Transaction is ended, or at any reasonably earlier time, but not to remain at the Host’s location in any way as to reasonably be considered loitering, causing a nuisance, or unwelcome by the Host in any other way;
h) Pay the Host the Host Transaction Fee and pay ChargerBill the ChargerBill Transaction Fee;
2.3.4 It is entirely at the discretion of the Host and the User to agree upon any conditions for supplemental charges, such as overage or parking charges, or the Host removing the Electrical Equipment at cost to the User in case the User fails to return to Location;
2.3.5 The User agrees not to approach a Host to deliberately circumvent the Service to avoid paying Transaction fees.
2.4 Payments
2.4.1 Payments are processed by Stripe. Their terms can be found online at https://stripe.com/gb/connect-account/legal and may also be displayed on payment processing pages. The Stripe terms are set and enforced by Stripe and we have no control over them.
2.4.2 It is the Host’s responsibility to set their own pricing Rate. Once a Transaction has been started, the Host cannot change the Host Rate for that charging Transaction.
2.4.3 Upon the ending of a Transaction, the User’s payment card will be debited by Stripe for the Transaction Fee. Stripe will send Us the ChargerBill Fee and the remainder of the Transaction Charge will be sent to the Host in a timely manner.
2.4.4 If the User and Host Account information is correct We will have provided sufficient instructions to Stripe to process payments as described above. We cannot be held liable for any failure by Stripe to process payments as described above.
2.5 Closing of Accounts
2.5.1 Accounts can be closed at any time, but any Transaction Fees and other rights and obligations under These Terms accrued up to closure will be unaffected.
2.6 Complaints and Disputes
2.6.1 Much like the cancellation policy above, disputes between Hosts and Users are to be handled directly unless the dispute concerns a material breach of our rights under these Terms. In which case, we reserve the right to take legal action jointly with a Host or User against the party in breach.
2.6.2 Although Hosts and Users should work with each other to resolve disputes, we ask that they provide us (grrrr@chargerbill.com) with details of the nature of the dispute, particularly anything concerning the follow:
a) The Device not working;
b) The Device being unavailable for the Transaction;
c) The Device not being as described by the Host, which resulted in safety or incompatibility issues with the Electrical Equipment;
2.6.3 If a complaint is regarding the ChargerBill organisation or the functioning of the WebApp, then please contact us via hello@chargerbill.com, making the complaint in writing by email and addressing the complaint to director Dan Turner.
2.7 LIMITATION OF LIABILITY
2.7.1 We only act as an independent neutral service provider and shall not be subject to any principal/agent relationship. The Host and the User act on their own behalf to negotiate a Contract to use a Device using the WebApp as an online trading platform, and we shall not be party to, nor liable to either Host or User, for performance of that Contract.
2.7.2 These Terms do not create liabilities and obligations beyond that imposed by the normal laws of England and Wales in relation to Electrical Equipment and other property being left at the Location entirely at the owner’s risk, save as to any damage caused by a criminal act or negligence of any of the Parties.
2.7.3 Both the User and Host warrant to the other and to ChargerBill that the information provided in their Account and in all correspondence in relation to a Transaction are true and accurate, and not misleading in any way.
2.7.4 All Host and User Account information and correspondence is provided by Them and We cannot accept liability for such information.
2.7.5 Hosts and Users are responsible for familiarising themselves and complying with all laws, rules, regulations and contracts with third parties, such as insurers, in relation to these Terms.
2.7.6 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted the Terms, both We and You knew it might happen.
2.7.7 Nothing in these Terms limits liability where it would be unlawful to do so. This includes liability for death or personal injury caused by any party’s negligence, including the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
2.7.8 ChargerBill will not be liable for business losses. Our liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity in contract, tort (including negligence), misrepresentation, restitution or otherwise, is limited only to the value of any fees paid by you for a Transaction.
2.7.9 The WebApp does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of information obtained from the WebApp. Although we make reasonable efforts to update the information provided by the WebApp, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date.
2.8 Confidentiality
2.8.1 Whilst much of the information provided by Hosts and Users in their Accounts is covered by our privacy policy in relation to our use of it, all Parties must keep information from other Hosts and User’s Accounts and messages confidential, except as required by the police, a court of competent jurisdiction, or emergency healthcare professionals.
2.8.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send or receive using the WebApp may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. Changes and Termination
We may change these Terms at any time, without notice, by posting the updated version on our webapp or website. You should check these Terms regularly for any changes. Your continued use of Our service after any changes to these Terms will constitute Your acceptance of the updated Terms.
You may terminate Your account and stop using our service at any time, by contacting Us or following the instructions on Our webapp or website. We may terminate Your account and stop providing Our service to You at any time, without notice or liability, if You breach these Terms, or for any other reason at Our sole discretion.
Upon termination of Your account, You will pay any outstanding amount due for Your use of the Host’s service and Our service, and We will refund any credit balance in your account, subject to Our refund policy. Termination of Your account will not affect any rights or obligations that have accrued before or after the termination.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
4. Links To Other Web Sites and Services
Our Service may contain links to third-party web sites or services that are not owned or controlled by ChargerBill Limited. ChargerBill Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ChargerBill Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
5. Acceptable Use Statement
Acceptable Behaviour
ChargerBill’s services are intended to be used by anyone. Our products may only be used for their intended purpose and in accordance with any instructions or guidelines provided with the product. We therefore expect you to use the services in a respectful way.
Unacceptable Behaviour:
• Any use of our products in a manner that could cause harm to people, animals, or property is strictly prohibited.
• Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services.
• Tampering with, reverse-engineering, or hacking our services or devices, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data
• Modifying, disabling, or compromising the integrity or performance of the services, devices or related systems, network or data
• Deciphering any transmissions to or from the servers running the services
• Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.
• Using the Services for any illegal purpose, or in violation of any laws
• Violating the privacy or infringing the right of others
Should we determine you are using the Services in an unacceptable way, we may terminate your account immediately (see “3. Changes and Termination”).
6. Indemnification
We are not liable for any loss or damage caused by Your use or misuse of the Host’s Device, except as required by law. This includes, but is not limited to, any loss or damage to your electrical equipment, Your property, or any third party's property, or any personal injury or death, arising from the connection, disconnection, charging, or malfunction of the Host’s Device.
You agree to defend, indemnify and hold harmless ChargerBill Limited, its subcontractors, licensee(s) and licensor(s), and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of a) Your use and access of the Service or Your use of misuse of a Host’s Device,, by you or any person using your account and password, or b) a breach of these Terms or c) Your violation of any applicable laws or regulations.
Nothing in these Terms limits or excludes Our liability for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.
7. Limitation of Liability
In no event shall ChargerBill Limited, nor its directors, employees, partners, agents, subcontractors, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. ChargerBill Limited, its subsidiaries, subcontractors, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. You understand that you shall not use ChargerBill in connection with systems or dependent system parts where human life or property could be at stake. You understand that the service is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which ChargerBill is not responsible.
9. Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will ChargerBill Limited ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by ChargerBill Limited or any person for whom ChargerBill Limited is responsible, and even if ChargerBill Limited has been advised of the possibility of such loss or damage being incurred.
10. General
10.1 These Terms of service are meant to be read as a whole document. Each clause heading and subheading is merely there for guidance and shall not affect the interpretation of These Terms.
10.2 These Terms of service shall create no third party rights, authority, benefits, or enforceability, including any implied by the Contracts (Rights of Third Parties) Act 1999.
10.3 These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or relating to these Terms or your use of the Host’s service or Our service will be subject to the exclusive jurisdiction of the courts of England and Wales.
10.4 These Terms constitute the entire agreement between You and Us regarding Your use of the Host’s Device and Our service, and supersede any prior or contemporaneous agreements, communications, or representations, whether written or oral.
10.5 If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
10.6 You may not assign, transfer, or subcontract Your rights or obligations under these Terms without Our prior written consent. We may assign, transfer, or subcontract Our rights or obligations under these Terms at any time, without notice or liability, to any third party.
10.7 Any failure or delay by Us to enforce any provision of these Terms or to exercise any right or remedy will not constitute a waiver of that provision, right, or remedy, or prevent Us from enforcing or exercising it in the future.
10.8 You agree that we may send You notices, communications, and updates regarding these Terms, Host services, and Our services, by email, SMS, push notifications, or any other means available to Us. You can opt out of receiving these messages by contacting us or following the instructions on our webapp or website.