Amey | Bringing EV charging to everyone

1. Terminology

The key defined terms are set out below:

Amey EV Account: the digital customer account created for the purposes of Fuuse’s internal systems, when You sign up to use the Amey EV App (other than when You use the “continue as guest” option).

Amey EV App: the Amey EV mobile application.

Charging Fee: the fee incurred by the Customer for their use of the Charging Point Services. The Charging Fee includes VAT and a fixed transaction fee to cover card processing and payment service fees incurred by Us and/or Fuuse.

Charging Points: the electric vehicle charging points owned and operated by Us.

Charging Point Services: use of (i) the Charging Points and (ii) use of the POS.

Data Protection Legislation: the Data Protection Act 2018 (as amended) and any other legislation governing data protection in the United Kingdom.

Fuuse: a company registered in England and Wales with company number 10189845 with registered address at The Chapel, Upper Floor White Cross Business Park, South Road, Lancaster, England, LA1 4XQ.

Guest User: when You use the Charging Point Services for a single charging session only, by accessing the Network via contactless payment, QR code or a RFID Access Card, or by using the “continue as guest” option on the Amey EV App.

Overstay Fee: an additional fee that may be levied if You remain connected to a Charging Point after a charge session has completed or after the maximum allowed charging duration.

Personal Data: shall have the meaning given to that term in the Data Protection Legislation.

POS: the point of sale terminal system operated by Fuuse.

Reservation Fee: a fee that may be levied when You book or reserve a Charging Point in advance to ensure its availability at a specified time. It is non-refundable if You fail to charge as scheduled.

RFID Access Card: an RFID card issued by a third party provider, linked to the relevant Payment Method, where We have agreed it is suitable for use by You at Charging Points to access the Network.

Terms: these terms and conditions as amended from time to time.

We, Us, Our: Amey Highways Limited, a company registered in England and Wales with company number 06600609 with registered address at Chancery Exchange, 10 Furnival Street, London, United Kingdom, EC4A 1AB.

You, Your or the Customer: you as customer for the Charging Point Services.

2. Terms

2.1. These Terms govern the Charging Point Services. A contract between You and Us is created on the earlier of when an Amey EV Account is created for You or You begin the Charging Point Services (the Commencement Date). At that time, You accept and agree that the Terms (to the exclusion of all other terms and conditions) constitute Your contract with Us and additionally apply to the use of:

(a) a credit or debit card, or if applicable another means of accepted contactless payment methods used in connection with the Charging Point Services;

(b) the Amey EV App;

(d) Our nominated payment platform accessed via a QR code displayed on a Charging Point, each of 2.1(a) to (d) above being an acceptable payment method for the Charging Point Services (the Payment Method).

3. Our Services

3.1. We will supply the Charging Point Services to You from the Commencement Date until this contract is cancelled, or in the case of Guest Users only, until the relevant charging session is completed, in accordance with the Terms.

3.2. We will endeavour to provide You with complete and uninterrupted access to the Network and, wherever practicable and applicable, We will update the Amey EV App to show any unavailability. However, sometimes issues may occur, please see clause 8 for what to do if there is a problem with the Charging Point Services.

3.3. Not every Charging Point operated by Us will be available for public use and You may, from time to time, find one that is reserved for private use. If You are unsure whether a certain Charging Point is open and available for use, You can check the live map on the Amey EV App to view Charging Points that are open and available.

4. Amey EV App & Amey EV Accounts

4.1. You are responsible for updating any relevant information or details on the Amey EV App as soon as practicable and for maintaining the confidentiality of Your login details. You shall restrict access to Your computer, tablet, mobile phone, any other device You may use to access Your Amey EV App and RFID Access Card, to prevent unauthorised access or fraudulent use.

4.2. You agree to accept responsibility for and are liable for all activities that occur under Your Amey EV App. You should inform Us immediately if You have any reason to believe that Your login details have become known to anyone else, or if Your login details or RFID Access Card, are being, or are likely to be, used in an unauthorised manner.

4.3. If at any point You suspect Your Amey EV App or RFID Access Card has been used in an unauthorised manner and You wish for it to be cancelled or suspended, call the EV Charging Helpline on 0808 502 0543.

4.4. You may request to cancel Your Amey EV Account at any time by contacting Us at evchargingsupport@amey.co.uk. At the point of cancellation, We will remove all of Your Personal Data from all databases in our system. We may keep Your usage history for reporting purposes, however the data will be anonymised and there will be no link between it and You. For information about how Your Personal Data will be used, generally, please refer to our privacy notice and Fuuse’s privacy notice.

4.5. We reserve the right to migrate Your Amey EV Account or Your profile on the Amey EV App to a new third party platform. On Our website: https://evc.amey.co.uk/, We will provide notice of the identity of any new provider, and We will update Our privacy notice accordingly and ensure lawful handling of Your Personal Data under appropriate data protection agreements. Currently, Amey EV Accounts and the Amey EV App are operated by Fuuse.

5. Payment and Charges

5.1. When You sign up to the Amey EV App or begin a charging session as a Guest User, You will be asked to register Your payment card details to be used as a Payment Method. Please note:

(a) an encrypted secure payment mechanism will be used to ensure Your payment card details are safe;

(b) payments will only be accepted in pounds sterling (£) using Visa, Mastercard, Maestro, Solo and American Express;

(d) if Your payment card has expired You will be unable to undertake a charging session.

5.2. Before charging Your electric vehicle, a pre-authorisation reserve amount may be held from Your Payment Method until the total Charging Fees and/or charges payable for the Charging Point Services are debited following completion of the charging session. The current pre-authorisation reserve amount can be found on the Amey EV App. If the pre-authorisation reserve amount is declined for any reason, You will not be able to begin the charging session.

5.3. Charging Fees for every Charging Point are listed on the Amey EV App and/or displayed on the screen of the relevant Charging Point and may be subject to change.

5.4. Occasionally a Charging Point may have supplementary monetary charges applied for its use. These include Reservation Fees or Overstay Fees. If additional charges apply, these will be listed on the Amey EV App and/or the instructions at the Charging Point.

5.5. Your Payment Method will be charged when You complete a charging session. The amount charged will be calculated based on the tariff appropriate for the relevant Charging Point, as well as any applicable Overstay Fees and other additional charges.

6. Access to the Network

6.1. You may use an RFID Access Card, issued by certain third party providers, to access and use the Network. Such use is subject to interoperability agreements between Fuuse and the relevant third party that are outside of Our

control. If these third party arrangements change and access is withdrawn in the future, We will provide updates on Our website;

6.2. You acknowledge that all billing and payment is carried out by the relevant third party provider of that RFID Access Card, We have no liability for billing or payment issues;

6.3. We are not liable for any failure or malfunction of the RFID Access Card;

6.4. We confirm that an Amey EV account is not created, and We do not hold Your Personal Data, in connection with Your use of an RFID Access Card on Our Network.

6.5. If at any point You suspect Your RFID Access Card has been used by someone other than You and You wish for it to be cancelled or suspended, please contact Us immediately by calling the EV Charging Helpline on 0808 502 0543.

7. Your use of the network

7.1. By accepting these Terms You agree to be bound by them in all regards including Your Use of the Network.

7.2. You agree to behave in a polite and courteous manner to all members of Our team either in person or in contact via emails or phone calls. In serious cases, We reserve the right to terminate and/or suspend Your access to Our support and/or Your Amey EV App or Amey EV Account (as applicable), in which case You will be informed of Our decision in writing.

7.3. Additional overstay charges and fees may be applicable to each site and may be enforced by the landowner or car park operator. If such fees are applicable, it is Your responsibility to ensure that You have acted in accordance with on-site instructions. We take no responsibility for parking charges or restrictions for Charging Points on Our Network, nor for any fees or fines accrued outside of those levied by the direct use of the Charging Points.

7.4. When using Our Network, You agree to act in a safe and lawful manner and comply with all signage, safety and usage instructions displayed at each Charging Point or made available to You. and You agree that You will connect and disconnect to a Charging Point in accordance with each Charging Point manufacturers user instructions. We accept no liability for damage to a Charging Point, Your vehicle, Your property, or any third party or their property, which may occur as a result of misuse by You or non-compliance with any instructions or technical requirements.

7.5. You agree to be considerate to other Charging Point users and not block Charging Points beyond Your own active use of a Charging Point during a charging session. If following Your use of a Charging Point, You leave Your car unconnected and/or blocking other customers from using a Charging Point, We shall be entitled to take action, including, without prejudice to any other remedy available to us, charging Overstay Fees.

7.6. You are responsible for providing appropriate cables and, if necessary, adaptors to connect Your electric vehicle to the Network. You will use only cables supplied by Your vehicle’s manufacturer and will not use any cables which are damaged, faulty or modified in any way. We accept no liability for any damage to Your vehicle or the property of any third party as a result of lack of compatibility between Your vehicle and any Charging Point or any use of Your cables. You accept all responsibility for the electric vehicle You use in connection with the use of the Charging Point and for ensuring it meets all requirements for charging. You will be responsible for any damage to any Charging Point as a result of incorrect cable usage or incorrect use of the Charging Point.

7.7. You must not, at any time, gain or attempt to gain access to the internal workings of Our Charging Points or any of their peripheral devices, this includes but is not limited to distribution boards and feeder pillars. Should You do so, We accept no liability for any injury You may suffer or any damage You may cause. Failure to comply with this request will result in Your immediate suspension from the Network and You will be financially liable for costs incurred in Our attending site to perform a safety check on the Charging Point and any remedial works needed to repair any damage.

7.8. We may prevent You from using the Charging Point Services with immediate effect if You breach any of clauses 7.4 to 7.7 or use the Charging Points in such a way that may or does cause harm or damage.

7.9. We may temporarily restrict, suspend or end a charging session if We reasonably believe it is necessary for safety, security, technical or legal reasons. This may include protecting people or property, preventing damage to the Charging Points or electricity network, or complying with instructions from emergency services or the grid operator. If this applies to You, where practicable, We will let You know the reason afterwards.

7.10. You acknowledge that Your vehicle type, the battery charge level, capacity of Your vehicle or other usage of the Charging Points will impact the charging time of any electric vehicle and accept that We make no guarantee regarding the amount of time required to charge Your electric vehicle.

7.11. We accept no responsibility for any indirect or consequential loss arising from Your use of the Charging Point Services or any Charging Point.

7.12. You are not entitled to any damages resulting from use of a Charging Point, the Network or mobile application, or from Our website being closed, unavailable or out of order, or vehicle charging services being suspended for any reason.

7.13. We accept no liability for any damage caused to Your vehicle or property that may occur from a third party whilst You are using Our Charging Points. This includes, but is not limited to, theft of Your vehicle, theft of possessions from inside Your vehicle or cosmetic damage to the exterior of Your vehicle.

8. Problems with the Charging Point Services

8.1. If You encounter an issue with the Charging Point Services, contact Us by calling the EV Charging Helpline on 0808 502 0543. We reserve the right, without compensation being payable to the Customer, to modify, restrict access to, or suspend the Charging Point Services at any time due to circumstances outside Our control.

8.2. We will work to ensure any issues which are reported are dealt with and resolved within an acceptable timeframe. We accept no liability for the supply of services by third parties and are not accountable for any delays in resolution that their involvement may incur.

8.3. If You are reporting a problem to Us and are given a timeframe or specific date for resolution, such timeframe or date shall be an estimate only.

8.4. You agree that, in all cases, written statements supplied by the Us shall prevail over any oral statements made by Us.

8.5. Nothing in the Terms will affect Your statutory rights.

9. Changes to the Terms

9.1. From time to time it may be necessary for Us to update the Terms to reflect changes within the market or to better serve You. We reserve the right to make any changes or amendments to these terms without prior notice or consultation. 9.2. Any changes to the Terms will be posted on the Amey EV App and on Our website: https://evc.amey.co.uk/. You have the right to cancel Your Amey EV Account, by contacting Us at evchargingsupport@amey.co.uk, if You are unhappy with any change.

9.3. You acknowledge that We may fully or partially transfer Our rights and/or obligations under these Terms to a third party without Your prior notice or consent.

10. Personal Data

10.1. Upon creating an Amey EV Account, You will be asked to provide certain Personal Data. Any Personal Data You provide will be held by Us and governed by Our privacy notice, and/or held by Fuuse and governed by Fuuse’s privacy notice, in each case as an independent data controller, in compliance with Data Protection Legislation.

10.2. Your Personal Data will not be shared with any third parties for marketing or sales purposes.

11. Intellectual Property

11.1. Using the Charging Services does not give You any rights in Our brand, logo, and any related materials which shall remain Our property. You must not copy, modify, or use them for any purpose other than to access and use the Charging Services.

12. Our Rights to Cancel

12.1. We may remove Our Charging Points without notice.

12.2. The below clauses do not apply to Guest Users.

12.3. We may cancel the contract for the Charging Point Services at any time by providing You with not less than 30 days’ notice in writing.

12.4. We may cancel Your Amey EV App or Amey EV Account with immediate written notice if:

(a) You do not pay amounts properly due in accordance with these Terms;

(b) You breach these Terms in any other material way, which is not capable of being remedied; or

(c) You breach these Terms in any other material way which is capable of remedy but You do not remedy the situation within thirty (30) days of a written request to do so.

13. Your Rights to Cancel

13.1. The below clauses do not apply to Guest Users.

13.2. If, at any point, You wish to cancel the Charging Point services or Your Amey EV Account You may do so by contacting Us at evchargingsupport@amey.co.uk.

13.3. Before We accept Your cancellation request, You will need to ensure that all existing balances are paid and Your Amey EV Account is in good standing.

14. Our Liability

14.1. If We fail to comply with these Terms, We are, subject to the limitations set out below, responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our gross negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into Terms with You. For the avoidance of doubt, loss or damage due to any event outside Our control does not constitute loss or damage resulting from Our breach of the Terms or Our negligence. Subject to clause 14.3, Our total aggregate liability howsoever arising under these Terms shall not exceed £1,000.

14.2. We have no liability to You for any indirect or consequential losses, loss of profit, loss of business, business interruption, or loss of business opportunity.

14.3. Neither party will exclude or limit in any way its liability for:

14.4. death or personal injury caused by negligence or the negligence of its employees, agents or subcontractors;

14.5. fraud or fraudulent misrepresentation;

14.6. a claim by the other party to assert or enforce its statutory rights, to the extent that such exclusion or limitation is not permitted by law.

15. Other Important Matters

15.1. The Terms are a contract between You and Us, no third party shall have any rights to enforce any of their terms.

15.2. We shall maintain in force Public Liability Insurance with a limit of at least £5,000,000 per claim.

15.3. Our failure to insist that You perform any of Your obligations under these Terms, or Our failure or delay in enforcing Our rights against You, will not mean that We have waived those rights or that You do not have to comply with those obligations. If We waive a default by You, We will only do so in writing, and that will not mean that any later default by You will also be waived.

15.4. These Terms are governed by the laws of England and the English courts shall have exclusive jurisdiction over any disputes or claims (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

Amey EV charge point terms & conditions