Ivy Home Charging Hardware Agreement » Ivy Charging Network

Ivy Home Charging Hardware Agreement

Terms & Conditions

  1. These terms and conditions are hereby incorporated into and made a part of the Home Charging Hardware Agreement (the “Agreement”) you have with Ontario Charging Network LP (“Ivy”, “our”, “us”, or “we”) by reference. The Agreement shall govern any and all activities and transactions between you and Ivy with respect to the subject matter of the Agreement, and you acknowledge and agree that you have read, understand, and agree to be bound by these terms and conditions.

  2. Ivy shall provide you with a smart Alternate Current Level 2 electric vehicle charger (the “EV Charger”) and services related to the EV Charger, as determined by Ivy, including the provision of a software platform to access Ivy services and other services required to operate and maintain the EV Charger (collectively, the “Services”) in accordance with the Agreement.

  3. The Agreement is effective as of the Estimate Issue Date noted in the SUMMARY TABLE of the Agreement and, unless terminated earlier as provided below, will remain in full force and effect for the duration of the Hardware Payment Plan Term as referenced in the SUMMARY TABLE of the Agreement.

  4. Installation and Maintenance. A subcontractor of Ivy shall be completing all installation and maintenance work related to the EV Charger. Ivy is not responsible for installations, maintenance, or any issues encountered during installation or maintenance work.

  5. You will own the EV Charger upon its installation at the address you provided in the Agreement.

  6. Billing.
    1. A breakdown of the fees associated with the installation of the EV Charger and related services can be found in the SUMMARY TABLE of the Agreement. Payment will be through your credit card via the app. Bills will be issued on the first business day of each month and will include all outstanding charges from the previous month. Charges on your account are due and payable in full on receipt of your bill. You are responsible for all charges on your account as well as all other costs and charges associated with your use of the EV Charger, such as your electricity bill.
    2. Late Payments. A $50 fee for late payment will be charged for each 30 days that an invoice is delinquent.

  7. Provision of Services. Ivy shall use commercially reasonable efforts to provide you with the Services subject to and in accordance with the Agreement, but Ivy does not give any guarantee or warranty with respect thereto. Ivy has no obligation to develop or provide any updates or revisions to the EV Charger or Services. Further, Ivy does not make any representation or give any guarantee or warranty, whether express or implied, as to: (a) the uninterrupted operation of the EV Charger or the provision of Services; or (b) the description, quality, merchantability, completeness or fitness for any purpose of the EV Charger or any Services.

  8. Location and Access. You shall provide a convenient and safe place satisfactory to Ivy and/or our subcontractors for the installation, maintenance and operation of the EV Charger.

  9. Care and Control by Customer. The EV Charger will be in your safe care and control during the term of the Agreement. You will operate the EV Charger with all necessary care and attention and shall not alter, reverse engineer, disconnect, adjust, modify, move, damage or otherwise tamper with the EV Charger without Ivy’s prior written consent. You shall ensure that no hazardous materials are kept near the EV Charger.

  10. Customer Acknowledgement. You acknowledge that the prices set out in the SUMMARY TABLE of the Agreement are estimates based on information and requirements provided by you and are not guaranteed. Actual costs may change once all project elements are discussed, negotiated, and finalized. Prior to any change in costs, you will be notified.

  11. Product Warranty. Warranties regarding materials, workmanship or use of the EV Charger (the “Manufacturer’s Warranty”), if any, are made exclusively by the manufacturer and not by Ivy. Your exclusive remedy under the Manufacturer’s Warranty shall be as provided therein and shall lie exclusively against and be obtainable only from the manufacturer, and you expressly agree that you shall have no claim or cause of action against Ivy in the event the manufacturer is for any reason unwilling or unable to perform under the terms of the Manufacturer’s Warranty.

  12. Warranties and Liability. Ivy is not the manufacturer of the EV Charger or software components associated with the Services and makes no representations, warranties or conditions as to the performance or suitability of the EV Charger or any software components. Ivy assumes no risk and shall not be responsible or liable to you or to anyone else for any damages, loss, costs, injury of any type (including as a result of the EV Charger malfunctioning) or causes of action whatsoever arising out of or related to the Agreement or caused or contributed to in any way by the design, construction, supply, installation, maintenance, use and/or operation of the EV Charger. In no event shall Ivy be responsible for any indirect, incidental, or special consequential damages, even if reasonably foreseeable. If Ivy is unable to perform any of its obligations under the Agreement because of circumstances or events beyond its control, Ivy shall be excused from the performance of such obligations for the duration of such circumstances or events and Ivy shall not be liable to you for such failure to perform. You will indemnify Ivy from all claims, losses and costs that Ivy may suffer or pay or may be required to pay, including legal expenses, in connection with the Agreement, including its termination or enforcement, or the supply, use, and/or operation of the EV Charger, including any claims against Ivy for any injury or death to individuals or damage to property. This obligation survives the termination of the Agreement for any reason.

  13. Notification Obligations. If you sell, lease, or otherwise transfer your home or the premises where the EV Charger is installed, you must notify Ivy within 14 days prior to such sale, lease or other transfer. You are also required to inform the transferee, at or before the effective date of the sale, lease or transfer, of the existence of the Agreement, these terms and conditions, and the EV Charger installed on the premises.

  14. Data Ownership. Ivy shall own all right, title and interest in and to any and all information obtained from the EV Charger and/or the Services provided under the Agreement, including type of vehicle, charging patterns, home charging energy consumption, and your feedback regarding customer support experience and installation and maintenance work (“Customer Data”). You may access your Customer Data through the software platform that Ivy will be providing. Such Customer Data is confidential and you are not permitted to share with or allow access to such information by any third party without Ivy’s written consent, which may be withheld for any reason in Ivy’s absolute and sole discretion.

  15. Early Termination of Agreement. Ivy may terminate the Agreement in its sole discretion. Reasons why Ivy may terminate the Agreement include: (i) if you fail to meet any of your obligations set out in the Agreement, which for the avoidance of doubt includes these terms and conditions (for example, late or missed payments), (ii) if your use of the EV Charger diverges from the expected use, as determined by Ivy, (iii) if you sell, lease or otherwise transfer your home or the premises where the EV Charge is installed, or (iv) if it is determined by Ivy in its sole discretion that installation of the EV Charger at your premises is not feasible. Upon early termination of the Agreement, you are required to pay the total outstanding Agreement balance at the time of the cancellation. Ivy, in its sole and absolute discretion, may waive such payment obligation.

  16. Ivy will refer customers to collections:

    1. at any time, if the contact information for your account is no longer valid;

    2. no earlier than 25 days after the cancellation date, if your account was cancelled for non-payment; or

    3. no earlier than 35 days after the cancellation date, if your account was cancelled for any other reason, and you have an unpaid final balance of $75 or more.

  17. Collection and Use of Information. You consent to Ivy’s collection, use, and disclosure of your personal information as described in this Section 17. Ivy may collect and use your personal information for purposes including verifying your identity and creditworthiness. We may collect personal information from you, our affiliates, credit bureaus and credit reporting agencies. You consent to the disclosure of such personal information by these parties to Ivy. We may use this personal information to assist us in providing you with the Services and enforcing the Agreement. We may disclose credit-related information to credit bureaus or credit reporting agencies for the purposes of maintaining your credit history and providing credit references. We may use and exchange your credit card information with financial institutions for payment processing purposes. We may otherwise use or disclose your personal information to third parties as necessary including generally for the purposes of detecting and preventing fraud and meeting legal, regulatory, risk management and security requirements. Our successors and assigns may collect, use, and disclose your information for substantially the same purposes as described in this Section 17. We may use agents and service providers to collect, use, store and/or process your personal information on our behalf, and your personal information may be transferred to these entities for the purposes described in this Section 17. Our agents and service providers may be located in foreign jurisdictions and, if so, your personal information may be transferred and processed outside of Canada. Your personal information may be subject to legal requirements in foreign jurisdictions that are applicable to our agents and service providers and the privacy protections applicable to your personal information may not be the same as those available in Canada.

  18. Transfer of Agreement. Unless otherwise permitted under the Agreement, you may not assign or transfer the Agreement without the prior written consent of Ivy. Any purported assignment or transfer in violation of this Section 18 is void.

  19. Governing Law. The Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

  20. Entire Agreement. You understand that the Agreement (including these terms and conditions) is the entire agreement between you and Ivy and supersedes all prior agreements, understandings, or discussions, whether oral or written, and there are no warranties, representations or other agreements except as specifically set out in the Agreement.