Subscription Service Terms and Conditions
This page contains the "Privacy Policy, Terms & Conditions" under which you may use the services, software platforms, and/or online portals offered by EVCS Charging Solutions, Inc., dba EVCS (the "Company"). This Privacy Policy, Terms & Conditions is used for any of the various platforms and/or services of the Company, including but not limited to the EVCS.com domain and its pages, the EVCS mobile application(s) (“app”), any other EVCS software platform now known or created in the future, and any EVCS content displayed on any third-party platform.
Please read this page carefully. If you do not accept the Privacy Policy, Terms & Conditions stated here, do not use the Company platforms and services. By using the Company platforms and services, you are indicating your acceptance to be bound by the terms of this Privacy Policy, Terms & Conditions. The Company may revise this Privacy Policy, Terms & Conditions at any time by updating this posting. You should visit this page periodically to review the Privacy Policy, Terms & Conditions, because they are binding on you and may change without notice (although we will try and notify you of any changes). Some of the information found in this policy may or may not apply at all times or for every EVCS platform, based on what services and products are being offered. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing and/or using The Company services and/or platforms for any reason. The terms “EVCS”, “EVCS.com”, “We" or “Company” shall all review to EVCS Charging Solutions, Inc., dba EVCS.
This policy explains when We may terminate your account under various conditions. Please review this carefully.
The Company authorizes you to view and download a single copy of the material on EVCS.com. (the "website") solely for your personal, noncommercial use.
The contents of this website, such as text, graphics, images, photos, logos, button icons, software and other "Material", are protected under United States and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers, vendors and clients. The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by the Company while generating its pages is also protected by the Company's copyright.
General Rules: Users may not use the website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) otherwise prohibited by the Company.
Website Security Rules. Users are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
This site is designed for parties who can legally make binding contracts under applicable law. Therefore, even though this site is designed to include children, minors are not allowed to use this site without permission of their parents or guardians. By granting a child permission to use this website, you give that child permission to access any area of EVCS.com and it is the parent/guardians responsibility to make sure that the visited portions of the website are appropriate for your child. Minors who can not meet these requirements may not use this website.
You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the website. You are also expected to pay for any state fees or applicable taxes that may be associated with the activities from this website.
The website may be used only for lawful purposes by individuals wishing to participate in the services and programs offered at EVCS.com. The Company specifically prohibits any other use of the website, and all users agree not to use the website, for any of the following:
Posting any incomplete, false or inaccurate information in the open discussions and chat forum sections (if applicable) or other areas of the website. This includes, but is not limited to, any postings that are sexually implicit, use derogatory statements or offensive language, are implicit or immoral in nature, are harassing or libelous, and any unlawful statement.
Posting any false or inaccurate biographical information when setting up an account, making a purchase or requesting other information from this website. This includes, but is not limited to misrepresenting yourself or your family, your company, and company goods and/or services.
Posting any incomplete, false or inaccurate information in any other part of this website.
Posting of any corrupted files, viruses and other software damaging activities.
Posting any franchise, pyramid scheme, multi-level marketing, "club membership", distributorship or sales representative agency arrangement or other business opportunities which requires an up front or periodic payment, pays commissions only, requires recruitment of other members, sub-distributors or sub-agents, or other commercial venture.
Attempting to gather or solicit other user’s information for any reason not authorized by the Company.
Deleting or revising any material posted by any other person or entity. This includes, but is not limited to, the infringement of any third party’s content or transmission.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
Taking any action that imposes an unreasonable or disproportionately large load on this website's infrastructure.
If you have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from the Company on this website and other than generally available third party web browsers, such as Safari and Microsoft Explorer.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website.
Aggregating, copying or duplicating in any manner any of the materials or information available from the website.
Framing of or linking to any of the materials or information available from the website.
Violate any other posted policy in regards to the use of this website, regardless as to where the policy is located at on the website.
The Company has a right to refuse to post any message or other postings if the Company believes it is in violation of this Privacy Policy, Terms & Conditions. The Company also reserves the right to terminate your use of this site and/or its programs, if you violate any of these prohibited uses.
Your agreement will contain all related information in terms of Services and Pricing.
You agree to provide current, complete and accurate account information for all membership, program or donations activity. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
EVCS.com will not discriminate, and prohibits discrimination, harassment, and bullying against any person for any reason—for example, because of age, ancestry, color, disability or handicap, national origin, race, religion, gender, sexual or affectional orientation, gender identity, appearance, matriculation, political affiliation, marital status, veteran status, or any other characteristic protected by law.
At EVCS sole discretion, EVCS reserves the right to terminate your subscription plan, cancel your access with us (whether you sign up for a subscription plan or not), and/or block future access to EVCS services if you are not following the guidelines set forth in this Privacy Policy, Terms & Conditions, or you have been or are currently involved in unethical, immoral or illegal activity. Furthermore, EVCS has, at its sole discretion, the right to terminate your subscription plan, cancel your access with us (whether you sign up for a subscription plan or not), and/or block future access to EVCS services for any disrespectful, abusive, or threatening behavior/conduct (either physical or verbal) that targets any EVCS staff or affiliates, regardless where located at, or any other EVCS clients. In the event that we terminate your subscription plan, cancel your access with us (whether you sign up for a subscription plan or not), and/or block future access to EVCS services, we may attempt to notify you by contacting the e-mail provided at the time the access was created. Contacting you will not be a prerequisite of any termination or cancellation.
We may offer for sale various products and services that are from a third party vendor. The prices for these goods and services are subject to change and are not in the control of EVCS.com. You should become familiar with their terms for service and/or privacy policy as well, as EVCS.com is not liable for their policies. The Company’s liability for these goods and services are limited to the price paid for them.
When you register (for an account or other information, including becoming a subscriber) regardless of reason through the website, you will be asked to provide the Company with certain information including, without limitation, your name, mailing address, credit card information, make/model of your vehicle, and a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this website, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Furthermore, the Company may disclose to any third party your information unless you opt out of this, including to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. If ever applicable, the Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Policy for further details regarding your Information.
Unless mentioned in our privacy policy, the Company does not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described here and in the Privacy Policy. Your personal information and safeguarding it is very important to the Company. Your information is on computers and is protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.
It is your responsibility to verify the accuracy of all the information (including personal) entered and/or posted by you on this website.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by the Company from third parties, nor does the Company endorse any opinions expressed in these postings by others. Except for the programs that the Company is involved with, the Company does not endorse any of the products that may be advertised by third parties through the website. All postings by the Company and products sold by third parties are for informational and convenience purposes only.
While the Company has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users or other third parties (if this feature is ever permitted), they will screen users’ postings before making them available to users. If notified by a user of communications which allegedly do not conform to this Privacy Policy, Terms & Conditions, or through the Companies own internal review, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the website for violating the Privacy Policy, Terms & Conditions or the law and the right to remove communications which are false, misleading, abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other third parties.
By submitting content to any public or non-public area of the website (if ever applicable), including regular postings, message boards, forums, contests, photographs and chat rooms, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) in your copyright, trademark, publicity and database rights, a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. These rights also include your information in any media now known or not currently known. Subject to the foregoing, the owner of such content placed on the website retains any and all rights that may exist in such content. This information will be used in accordance with the Company’s privacy policy.
If ever applicable, the Company will review and edit, if necessary, all content submitted to the Company for upload to this website, prior to publication. The Company also has, at its sole discretion, the right to choose to not publish any uploaded content, if it feels the content is inappropriate.
Any hyperlinks contained in any postings will be, at the discretion of the Company, disabled for use by others.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
With the exception of the license you grant above, if you believe that your copyrighted work has been uploaded, posted or copied to this website and is accessible on this website in a way that constitutes copyright infringement, please notify us by providing the Company with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and, if you have one, your e-mail address;
5. A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
EVCS.com’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Gustavo Occhiuzzo
11800 Clark St.
Arcadia, CA 91006
You may also contact us by submitting a written request here.
The Company, and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this website, you agree not to use the website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, refuse to offer any goods/services, and block access to our website of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
In some cases we may allow third parties to post information on this site. We may not screen this information before posting. The website may also be a venue for different products, articles and interviews. The Company is not involved in the actual communications between users, unless specifically mentioned otherwise. As a result, the Company has no control over the content of the various postings, third party vendor information, product information or users work product. In addition (if ever applicable), note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the website. There is no agency agreement of any kind made between any Vendor or other third party, and the Company.
Because user authentication on the Internet is difficult, EVCS.com cannot and does not confirm that each user/vendor is who they claim to be. Because we do not and cannot be involved in user-to-user/third party dealings or control the behavior of participants on EVCS.com, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature (including negligence), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We are under no legal obligation to, and generally do not, control the information provided by other users, vendors, and others, which may be made available through the website. By its very nature, other parties information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this website. The Company is not liable for the content or accuracy of any postings, and will not be liable to you should you choose to take any advice provided by these users. Your use of this advice is at your own risk.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the website, or other Material. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any postings placed by you on the website.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS OR EMPLOYEES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AGAIN, UNLESS STATED OTHERWISE, THE COMPANY DOES NOT ENDORSE ANY INFORMATION PROVIDED BY ANY THIRD PARTY THAT A USER FOUND ON EVCS.COM.
FURTHERMORE, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS OR EMPLOYEES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION, AS WELL AS ANY EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE) RESULTING FROM THE USE OR INABILITY TO USE THE COMPANY’S CHARGERS OR OTHER EQUIPMENT.
Users may contact the Company for customer support or service by submitting a written request here.
The website may contain links to third party websites. The Company does not endorse any of these sites and is provided to you as a convenience only. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the website.
The electric vehicle chargers are intended to be used for the charging of these vehicles. Any other use is strictly prohibited. Users may not damage, alter, or otherwise cause any harm to any chargers or related equipment.
EVCS, in its sole discretion, may terminate your subscription plan, cancel your access with us (whether you sign up for a subscription plan or not), and/or block future access to EVCS services and chargers if you damage any of its equipment, or use it in any way that the charges and/or equipment is not intended for.
As mentioned previously, the Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings (if applicable) from this website and immediate cancellation of your subscription with or ability to access the website and/or any other service provided to you by the Company, upon any breach by you of this Privacy Policy, Terms & Conditions (or other agreements found in this website) or if the Company is unable to verify or authenticate any information you submit to the website registration with or ability to access the website.
In addition, EVCS, in its sole discretion, may terminate your subscription plan, cancel your access with us (whether you sign up for a subscription plan or not), and/or block future access to EVCS services and chargers if you fail to comply with all safety guidelines. You must adhere to all safety guidelines and instructions related to the use of the electric vehicle charging stations. Notice of termination may or may not be provided to you, prior to any termination, in the event of a safety violation.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Privacy Policy, Terms & Conditions. This shall include all intellectual property issues, such as copyright and trademark infringement, and any outcome from any transaction based on the comments on this website. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Privacy Policy, Terms & Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within California, and all parties submit to the jurisdiction of the venue of these courts. If any provision of this Privacy Policy, Terms & Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this Privacy Policy, Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term. Both parties agree that they may be compensated for reasonable attorney fees in the event of a claim. Except as expressly provided in additional terms of use for areas of the website, such as a particular "Legal Notice," or Software License or material on particular Web pages, this Privacy Policy, Terms & Conditions constitute the entire agreement between you and the Company with respect to the use of the website. No changes to this Privacy Policy, Terms & Conditions shall be made except by a revised posting on this page.
(a) Informal Resolution. If a "Dispute" arises under these Terms, the parties will first attempt in good faith to resolve the Dispute by negotiation and consultation between or among themselves. For purposes of these Terms, "Dispute" means a dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof.
(b) Arbitration. In the event that a Dispute is not resolved on an informal basis within fifteen (15) days after one party provides notice to the other party of such Dispute, then the Dispute, including the determination of the scope or applicability of these Terms to arbitrate, will be determined by arbitration in Los Angeles, California, or another location agreed to by the parties. The arbitration will be administered by ADR Services. The arbitration will be held before a sole arbitrator and will be binding with no right of appeal.
(c) Conduct of Arbitration. The arbitration will be conducted pursuant to the ADR Services Standard Arbitration Rules. The arbitration will be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days. If no response is filed, all the allegations of the demand will be deemed denied.
(d) Selection of Arbitrator. The parties involved in the Dispute will select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the senior administrator of ADR Services will select an independent arbitrator.
(e) Class Action Procedures. The parties involved in the Dispute expressly intend and agree that class action, collective action and representative action procedures shall not be asserted, nor shall they apply, in any arbitration pursuant to these Terms; that neither party shall assert a class, collective or representative claim against the other, in arbitration or otherwise; and that each of the parties shall submit only its own, individual claims to arbitration and will not seek to represent the interests of any other person.
(f) Costs. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the parties, and may award attorneys" fees in the arbitrator’s discretion.
PRIVACY POLICY
At EVCS, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. This privacy policy applies to www.EVCS.com and its services (including our subscription based service), owned and operated by EV Charging Solutions, Inc. dba EVCS. This privacy policy describes how EVCS, Inc. collects, stores and uses the personal information you provide on www.EVCS.com. If users have questions or concerns regarding this statement, please contact us by going to https://EVCS.com/contact.
As we further describe below, we may share your Personal Information with third parties for their marketing purposes. You can elect for us not to do so by notifying us in writing or by emailing us at the contact page mentioned above. See "Your California Privacy Rights" below for additional information.
Here are a few general principles to keep in mind as you read through this Policy: This Site is owned or operated by EVCS, Inc. or one of its subsidiaries (referred to collectively in this Policy as "EVCS," "we," "us," "our" and other similar pronouns). As our business evolves, this Policy may change, so check back to this page periodically to make sure you understand how your Personal Information will be treated. This Policy is incorporated into, and part of, our Privacy Policy, Terms & Conditions, which governs your use of the Site as a whole. Additionally, this Policy may be supplemented from time to time by other terms that apply to specific Sites.
EVCS.com is committed to respecting and protecting your privacy. Should you choose to provide your email address or any other personal information on any of the forms found on our site, you can be assured that it will only be used to support your relationship with EVCS.com. This privacy policy is intended for all users of EVCS.com, including contributors, viewers, vendors, and others.
By visiting this website, you consent to us collecting your information as mentioned in this privacy policy, and agree to be bound by the terms and conditions of this Privacy Policy. You may opt out at any time. If you do not agree please do not use or access our services.
In this privacy policy, you will find information on these areas:
If users have questions or concerns regarding this statement, they should contact us by submitting a written request here.
Any violation of this privacy policy will lead to suspension of user privileges and permanent removal from this website.
Some of the information found in this policy may or may not apply at all times, based on what services are being offered.
California Consumer Protection Act (CCPA)- The CCPA took effect on January 1, 2020, and is intended to protect the personal information of California residents. The CCPA has certain threshold requirements which a company must meet in order to be required to comply with its provisions. Upon information and belief, our company does not meet those thresholds. Should the CCPA ever apply to EVCS.com, the following terms shall apply as well (at a minimum):
You have the right to know what personal information we collect from you (which is discussed in this agreement), what third parties we give this information to, as well as the right to request a copy of the information we have from you and how we have used it (twice a year). You also have the right to request that we no longer use (or sell) your personal information, which will be located on our webpages, including making sure it'sits clear as to our purposes for processing personal data, where data is stored, our retention periods for that personal data and who it will be shared with, as well as your rights to your information. You also have the right to not be discriminated against for choosing to opt out.
EVCS.com is the sole owner of the information collected on our site. EVCS.com collects and monitors information from our users at several different points on our website.
During registration a user is required to give contact information (such as but not limited to, name, age, birth date, address, phone number (land line and cell), email address, and credit card information). We use this information to contact the user about services on our site for which he/she has expressed interest in getting more information. It is optional for the user to provide demographic information (if ever asked), but encouraged so we can provide a more personalized experience on our site. Please safeguard your password and other personal information. You may be liable for unauthorized use of our website, as well as have your private information used by others.
We may choose to post notable customer quotes on our website, which may contain personally identifiable information such as the customer's name. We may post the testimonial or notable quote with certain information, such as first name and last initial, company name, city, state, and quote for use on our various company web pages. We may also post the customer’s full first and last name along with his or her testimonial, but will obtain the customer's consent prior to posting the full first and last name by sending an email to the customer to obtain consent to use his/her full first and last name. We do not allow users to post any blogs or other postings. Requests for removal of a customer testimonial associated with personally identifiable information can be done by contacting us through this website.
We may maintain a presence on several social networking and blogging platforms, such as Facebook, Instagram and Twitter. We also may incorporate some third-party social networking features onto our Site or utilize third-party provided platforms to publish or manage the Site or portions thereof. Through these platforms and features, we receive some Personal Information and some Site usage information about you, and this Privacy Policy applies to that information as well. In addition, some providers of third-party social networking or blogging platforms we utilize (such as Facebook, Instagram and Twitter) have their own privacy policies which explain how the third parties that provide them may collect, use and protect your information (e.g., if you establish an account with such platform providers directly). We are not liable for the privacy policies of any third party, so please make sure you are aware of their policies.
We may make available mobile applications (or "apps") that you are able to download to and use from your mobile device. Depending on the nature and functionality of the app, we may collect Personal Information and non-personally identifiable usage information through the app. The app also may collect information about your mobile device, such as your device’s unique device ID (UDID), the IP address of your mobile device, device type, operating system and connection information (e.g., Wi-Fi, 3G, etc.). If you opt in, some of our apps may collect your device’s precise real-time location, and in such cases, you may be able to opt out from further allowing us to have access to such location data by managing your location preferences in the app and/or on your device. This Policy may be supplemented from time to time with additional terms applicable to individual apps, or individual apps may be subject to separate privacy policies of which we will notify you by posting them on such apps. You can opt out from some of the information collection either on the app or by contacting us here. If you choose to opt out of any of these functions, keep in mind that the services offered with our app may not function well. Unless indicated otherwise, we will not store your credit card information after your card has been processed. A third party processor may, depending on the services you sign up for. Unless you opt-out, you give EVCS.com permission to use your information as per this privacy policy.
The Site may also include links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.
While EVCS.com will make every effort possible to protect your privacy, we do not promise, nor should you expect, that your personally identifiable information or private communications would always remain private. This will include parties who attempt to illegally enter our website and intercept or access transmissions or private communications.
EVCS.com shall not be liable to you for any third parties use of your data, regardless how it's obtained.
We store information that we collect through cookies, log files and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing and sales preferences. Consequently, collected information is tied to the user's personally identifiable information to provide offers to improve the content of the site for the user. This profile is used to tailor a user’s visit to our website, to keep users informed about their sales, and to direct pertinent marketing promotions to them. When we collect information via our app, that is stored with a trusted third party. We do not share your profile with other third parties, unless specifically mentioned in this agreement.
A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.
Cookies will be used on our site to remember and recall login names, login information, previous purchases, potential purchases, as well as other items to help us better understand user’s needs. By setting a cookie on our site, users would not have to log in a password more than once, thereby saving time while on our site. If users reject the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site. See the “Profile” section.
We also use cookies to collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site or open HTML-formatted email messages.
Local shared objects, such as "Flash cookies," may be stored on your computer or device using a media player or other software installed on your computer or device. Local shared objects operate a lot like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing Flash cookies, for example, click here.
"HTML5" (the language some websites, such as mobile websites, are coded in) may be used to store information on your computer or device about your Site usage activities and to help determine how our Site is being used by our visitors, how it can be improved and to customize it for our users.
We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features; advertising that appear on the Site (if ever applicable); and, making other offers available to you via email, direct mail or otherwise. We also may provide your information to third parties, such as service providers, contractors and third-party publishers and advertisers for a variety of purposes. If you prefer not to have your information sent to these parties, please contact us by submitting a written request here.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas (if ever applicable) – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
If ever applicable, some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies, once we have given permission for them to set cookies for advertising. These parties use of cookies are subject to their own set of privacy policies.
This privacy statement covers the use of cookies by EVCS.com only and does not cover the use of cookies by any advertisers.
Like most standard website servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
There is some information that is given to third party advertisers (if applicable). These third-party advertisers and ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons or similar technologies. Information could include data about users’ visit to this site, such as number of times they have viewed an ad (but not user name, address, or other personal information), is used to serve ads to users on this site.
These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements’ effectiveness, or for other purposes. The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party’s privacy policy and is not covered by our Privacy Policy. Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours. If you have any concerns about a third party’s use of cookies or web beacons or use of your information, you should visit that party’s website and review its privacy policy.
Your email address may be given to third party vendors as well, unless you opt out.
For more information about third party advertisers, cookies, and how to "opt-out", please contact us by submitting a written request here.
We send all new members a welcoming email and if necessary, to verify password and username. Established members will occasionally receive information on (if applicable) products, services, promotions, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out sections.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the users wishes.
We can use your information to help facilitate requested information, resolve disputes, troubleshoot problems, enforce user agreements, analyze site usage, as well as site content customization, layout and services. No personal information will be used here though.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website. This includes, but is not limited to, any defense to any claim in which EVCS.com in a defendant, to assist in any investigations by law enforcement agencies, or violations of any EVCS.com policy.
Aggregate Information (non-personally identifiable)
While EVCS.com will not rent, sell or share your information in general (except as mentioned in this policy), there are certain instances that your information may be used. We share aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information. This is how your information will be shared:
Should we do this in the future, we may share non personal information with third party advertisers, and this will be used to gather information about users for the purpose of targeting our Internet banner advertisements on this site and other sites. The information they collect and share through this technology is not personally identifiable. For more information or for choices about not having this anonymous information used please see our choice/ opt out section.
If the email address you provide to us is a wireless email address, you agree to receive messages from us at such address, subject to your opt-out rights as described in this privacy policy. You may change your email preferences at any time, but your wireless carrier’s standard rates will apply as long as you are receiving messages at a wireless email address. If you give us a wireless email address, you represent that you are the owner or authorized user of the device on which messages will be received and that you are authorized to approve the applicable charges.
We may seek to send messages to you on your wireless device via short message service ("Text Messaging"). By submitting your mobile phone number, you consent to receive text messages and offerings from us to the mobile device associated with that number using an automatic system for such purposes unless and until you elect not to receive such messages by following the opt-out instructions provided in connection with the particular campaign. You represent that you are the owner or authorized user of the device you use to sign up for Text Messaging, and that you are authorized to approve the applicable charges. You may not consent on behalf of someone else. You consent to receive phone calls from us even if your phone number is listed on the federal or state "do not call" registries. You must be 18 years of age or older and reside in the United States to use our Text Messaging. You must first register and provide all required Personal Information, such as your name, text address, wireless carrier, and billing information (if fees are applicable to the Text Messaging), which may be either your payment card information or mobile service carrier information. We may also obtain the date, time and content of your messages in the course of your use of Text Messaging. We will use the information we obtain in connection with our Text Messaging in accordance with this Policy. Messages may be about our promotional offerings. You are not required to agree to this in order to purchase goods or services from us. An auto-dialer and/or artificial or prerecorded message may be used to make calls to you. Mobile access is required for Text Messaging, and text messages are not available on some carriers and devices. If fees are charged to your wireless account invoice, we may provide information to your carrier about them. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. We may also access the content of your account and/or wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints. You may opt out of Text Messaging at any time by following the instructions provided in connection with the particular campaign, but your wireless carrier’s standard rates will apply to any messages you receive. Your opt-out will be effective once we send you a text confirmation of your opt-out. You will then be placed on our "do not contact" list for marketing purposes. (We may still contact you about your transactions with us.) You agree to enter into and receive this consent to receive text messages electronically. You may also get push notifications via our app. You can opt out of these by going to your phone settings and elect to not receive them.
These are the instances in which we will share users’ personal information:
EVCS.com does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to help facilitate in providing products you've requested, when we have your permission, or under the following circumstances:
We provide the information to trusted partners who work on behalf of or with EVCS.com under confidentiality agreements. These companies may use your personal information to help EVCS.com communicate with you about offers from EVCS.com and our marketing partners. However, these companies do not have any independent right to share this information;
We have a parent's permission to share the information if the user is a child under age 13. Parents have the option of allowing EVCS.com to collect and use their child's information without consenting to EVCS.com sharing of this information with people and companies who may use this information for their own purposes. We will not ask for more information from children than is necessary to participate in this website. See below for more details on children’s privacy;
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, as well as to government agencies for tax reporting;
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of EVCS.com 's terms of use, or as otherwise required by law;
We transfer information about you if EVCS.com is acquired by or merged with another company. In this event, EVCS.com will notify you before information about you is transferred and becomes subject to a different privacy policy;
EVCS.com may display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria - for example, age, gender and geographical areas;
EVCS.com does not provide any personal information (other than email address) to the advertiser (if ever applicable) when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad;
We do not support any illegal use of your private information and will make every effort to stop such practices in order to protect your privacy.
For more information about third-party advertisers and how to prevent them from using your information, visit the NAI’s consumer website at http://www.networkadvertising.org/choices/ or Aboutads.info at http://www.aboutads.info/choices/. We encourage you to read these businesses’ privacy policies to learn about how they treat your information.
We may use an outside credit card processing company to bill users for goods and services. To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any secondary purposes.
We will partner with other third parties to provide specific services, if and when they are available to us and you. If and when we offer products on our site, we may share names or other contact information with these partners. This information will include e-mail address’, shipping address’ and other needed information. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, we cannot guarantee that these third-party providers will not disclose your personal information to other organizations.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located outside the United States and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Business Transitions
In the event EVCS.com goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred. Users will be notified via e-mail, as well as with a prominent notice on our website for at least 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.
EVCS.com is designed for those who can legally create binding contracts. Therefore, EVCS.com wants to protect children’s privacy. We comply with the Children’s Online Privacy Protection Act of 1998 and its accompanying FTC regulations.
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.
This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site’s online activities on providing personally identifiable information.
Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site or your memberships, at the point where we ask for information.
Users who no longer wish to receive our communications may opt-out of receiving these communications by clicking on the Unsubscribe link at the bottom of any marketing email. You may also opt-out via the EVCS app at Profile > Communications, or replying with "Unsubscibre" in the body of any automatic text messaging you may get.
If you choose to opt out of all communications, you understand that you will not be kept informed of changes in company policy or other news. You will have to visit our website to obtain this information.
Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.
This website may contain links that will direct you to other sites. Please be aware that we, EVCS.com, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website. EVCS.com may have co-branding and/or framing relations with other companies. In this case, you should be familiar with the privacy policies of both companies, since you may be subject to each of them.
From time-to-time we may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Contact information will be used [shared with the contest [survey] sponsors] to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users’ personally identifiable information is not shared with third parties unless we give prior notice and choice.
Though we may use an intermediary to conduct these surveys or contests, they may not use users’ personally identifiable information for any secondary purposes.
This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, their information is protected both online and off-line.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL). Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
The servers we use are located in the US, and we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. We (or our service provider) use various security protection software to help protect your information. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Finally, the servers that store personally identifiable information are in a secure environment.
If users have any questions about the security at our website, users can can submit a written request here.
If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can usually be done on-line at EVCS.com, or by submitting a written request here.
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.
If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or
deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our website notifying users of the change. In some cases where we post a notice, we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
If you would like to: access, correct, amend or delete any personal information we have
about you, register a complaint, or simply want more information, contact us by submitting a written request here.
In addition to any other terms (including but not limited to the Terms of Use and Privacy Policy), the following terms apply for all subscription customers while using a Subscription plan (the “Plan”).
Pay-As-You-Go: Our service can operate on a pay-as-you-go basis. Charges for charging services will be determined by various factors, which may include, but are not limited to, duration of use, energy consumption, charging speed, and rates specified at the time of service.
1.1. Membership Auto-Renewal: Unless otherwise specified, your EVCS membership will continue and automatically renew until you cancel. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your payment method. To use the EVCS service, you must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Billing and Cancellation" below). You can cancel at any time by going to My Account on EVCS.com and clicking “Cancel My Membership” or by submitting a cancellation request through our Help Center.
1.2. Individual Member Use Only: Unless otherwise specified, each Plan is assigned to one person and may not be assigned or transferred to anyone else.
1.3. Individual Vehicle Use Only: Unless otherwise specified, each Plan may only be used to charge the one vehicle you registered during sign up. If you change vehicles, you must notify EVCS prior to charging your new vehicle, by either updating your vehicle information on your account through the EVCS app or by submitting a support request through our Help Center.
1.4. ENFORCEMENT: EVCS MAINTAINS FULL DISCRETION TO TRACK AND TO ENFORCE ADEQUATE USAGE OF SUBSCRIPTION PLANS. THIS INFORMATION IS NOT PROVIDED TO THIRD PARTIES, UNLESS UNDER COURT ORDER, AND YOU MAY NOT OPT OUT OF THIS FEATURE. FURTHERMORE, EVCS, IN ITS SOLE DISCRETION, MAY SUSPEND OR TERMINATE YOUR PLAN, IF IT’S DETERMINED THAT YOUR PLAN IS INADAQUETE FOR YOUR USE. IF EVCS SUSPENDS OR TERMINATES YOUR PLAN DUE TO INADEQUATE USAGE, EVCS WILL NOTIFY YOU OF SUCH DECISION VIA EMAIL. CONTACTING YOU WILL NOT BE A PREREQUISITE OF ANY SUSPENSION OR TERMINATION.
EVCS, in its sole discretion, may terminate your Plan, cancel your access with us (whether you sign up for a subscription plan or not), and/or block future access to EVCS services and chargers if you violate the terms of your Plan, as described in your agreement or these terms.
2.1. Billing Cycle: The membership fee for the EVCS service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "My Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit the evcs.com website and go to My Account to see your next payment date.
2.2. Payment Methods: To use the EVCS service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend and/or cancel your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. To ensure payment security and coverage of potential charges, we may perform a pre-authorization hold on your method of payment before your charging session begins. This hold is a temporary charge to verify the validity of the payment method and ensure that sufficient funds are available. The pre-authorization amount may be higher than the estimated charge to cover potential overage charges or additional fees.
Pre-Authorization: To ensure payment security and coverage of potential charges, we may perform a pre-authorization hold on your method of payment before your charging session begins. This hold is a temporary charge to verify the validity of the payment method and ensure that sufficient funds are available. The pre-authorization amount may be higher than the estimated charge to cover potential overage charges or additional fees.
2.3. Updating Your Payment Methods: You can update your Payment Methods by going to the "My Account" page on evcs.com. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
2.4. Cancellation: You can cancel your EVCS membership at any time, and you will continue to have access to the EVCS service through the end of your billing period. To cancel, go to the "My Account" page on evcs.com website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.
2.5. Disputes: EVCS maintains the right to suspend or terminate your Plan if the payment for said Plan is disputed through your bank or credit card company. If EVCS suspends or terminates your Plan due to payment dispute, EVCS will notify you via email.
2.6. Multiple Accounts: EVCS may offer a free trial. Users are not allowed to create multiple accounts in order to take advantage of free trials or for other reasons. EVCS maintains the right to suspend or terminate your Plan if EVCS determines, at its sole discretion, that you have created more than one account or abused the free trials. If EVCS suspends or terminates your Plan due to creating multiple accounts and/or abusing the free trials, EVCS will notify you of such decision via email. EVCS reserves the right to ban any customer who violates the service terms. Additionally, EVCS reserves the right to permanently restrict access to its services for any customer found to be in violation of the service terms.
2.7. Changes to the Price and Subscription Plans: We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. While we aim to keep our users informed of significant changes, certain updates may take effect immediately or without prior notice.
2.8. No Refunds: Payments for Plans are nonrefundable, and there are no refunds or credits for partially used or unused membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
2.9. Subscription Allowance: If you are using a subscription plan that includes a certain allowance of kWH or energy, you will be subject to overage charges if your usage exceeds the allocated allowance.
2.10. Overage Rates: The rate for overage charges will be clearly communicated to you through our app or website. These rates will apply to any usage that exceeds your subscription allowance. Overage charges will be calculated based on the additional time or energy consumed beyond the allowance. Any overage charges will be billed to your account immediately after the excess usage is identified. You authorize us to charge your payment method for the overage amount incurred.
2.11. Off-Peak plan: Off-Peak sessions must begin between 10:00 PM and 6:00 AM Pacific Time, as determined by EVCS servers. Sessions initiated outside of these hours, regardless of circumstances, will be charged at the standard Pay As You Go rate for the respective charging location and are not eligible for refund.
2.12. Session Fees: A session fee may be imposed per session in order to use or gain access to a charging station. By using our charging stations, you agree to comply with the fees associated with our service.
2.13. Idle Fees: These Terms and Conditions ("Terms") govern the imposition of idle fees for electric vehicle (EV) charging sessions at our network of charging stations. By using our charging stations, you agree to comply with these Terms.
Charging Session: The period during which an EV is connected to a charging station and actively receiving a charge.
Idle Time: The period after a charging session is complete during which the EV remains connected to the charging station but is no longer charging.
Idle Fee: A fee imposed for occupying a charging station after the charging session has ended and the vehicle is no longer actively charging.
You must remove your EV from the charging station promptly once the charging session is complete. Charging station availability is limited, and users are responsible for monitoring their charging progress.
Fee Application: Idle fees may apply if an EV remains connected beyond a designated grace period after the charging session ends. Idle fees will be charged to the payment method linked to your account and reflected in your account history or session summary.
Idle fees will be charged to the payment method associated with your charging account.
Fees will be reflected in your account statement or charging session history.
We reserve the right to modify or update these Terms and the idle fee policy at our discretion. Changes will be effective immediately upon posting on our website or app.
We are not liable for any damages, losses, or costs incurred due to the imposition of idle fees. By using our charging stations, you agree to hold us harmless from any such claims.
By using our charging stations, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
3.1. Abide by Service Terms: You agree to use the EVCS service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein.
4.1. EVCS Charging Locations: Charging stations are located only where listed on the EVCS.com website or EVCS app. The Plan does not work with any third-party charging stations. EVCS makes no guarantee that all the charging stations will be operational, due to third-party events. EVCS is not liable to you if the charging station is not operational.
4.2. Demand Response: We are not liable for any inconvenience or delay caused by throttling down energy delivery during a demand response event.
4.3. Station Availability: EVCS does not guarantee the availability of any specific charging station or site location at any given time. We encourage users to check station status through the EVCS app or website prior to arrival, though various factors may cause delays in status updates. Charging stations may be occupied, out of service, or otherwise unavailable when users arrive. EVCS is not liable for any inconvenience, delays, or losses caused by an unavailable charging station.
4.4. Parking Citation: EVCS is not liable for any parking citations or fines incurred while using our charging stations. Users are responsible for complying with all parking regulations and restrictions at the charging location and are encouraged to monitor their charging status through the EVCS app. Any citations or penalties resulting from improper parking or violation of local regulations, regardless of circumstances, are the sole responsibility of the user.
4.5. Vandalism: Customers are strictly prohibited from damaging, tampering with, or vandalizing any charging infrastructure, site property or vehicles at the EVCS charging locations. Threats of damage, or acts of vandalism caused intentionally or through negligence, may result in immediate termination of access to our services, and violators may be held liable for repair or replacement costs.
5.1. Privacy: By signing up for a Plan, you agree that you have read the Privacy Policy. You may opt out of any part of the Privacy Policy, but some information will be needed in order to maintain an active Plan, such as your name, mobile phone number, email, credit card and vehicle make, model, year and home zip code.
5.2. Communications: EVCS will use your data to personalize and improve your EVCS experience and to send you information about EVCS via email, push notification and/or text message. Your consent is not a condition of purchase and message and data rates may apply. To stop receiving marketing communications from EVCS, click the email unsubscribe button or manage notification settings on your mobile device.
6.1. Right to Terminate: EVCS has the right to terminate your use of the Plan immediately for any misuse of the terms listed here.
6.2. Other Terms: Please review the other policies and information found on EVCS.com or EVCS app. You are responsible for knowing the terms of these other agreements. Contact information can be found there as well.
6.3. Changes to Terms of Use and Assignment: EVCS may, from time to time, change this Privacy Policy, Terms & Conditions. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable EVCS service.
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