Ivy Home Public Fast Charging Subscription Plan Agreement
Ontario Charging Network LP (“Ivy”, “our”, “us”, or “we”) shall provide you with the public fast charging plan and services related to such plan, as determined by Ivy (collectively, the “Services”) in accordance with the Public Fast Charging Subscription Plan Agreement (the “Agreement”).
The Agreement is effective as of the date noted above and, unless terminated earlier as provided below, will remain in full force and effect for a term of 12 months. The term of the Agreement will automatically renew for additional periods of 12-months unless you provide notice to Ivy, at least 30 days before the termination of the then-current term.
A breakdown of the fees associated with public fast charging and related services can be found in the SUMMARY TABLE. Payment will be through credit cards via the Ivy app. Bills will be issued on the first business day of each month and will include all 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.
For any public fast charging subscription plan agreements signed on or after the 26th day of the month, billing will begin on the 1st day of the second month (i.e., if you sign up on January 26, your first bill will be on March 1).
Late Payments. A $50 fee for late payment will be charged for each 30 days that the invoice is delinquent.
Provision of Services.
Ivy shall use commercially reasonable efforts to provide you with the Services subject to and in accordance with the terms and conditions of 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.
Services will commence on the later of
The first day of the month following your Ivy Home Installation (if applicable, please consult your Ivy Home Charging Hardware Agreement); or
The first day of the month following the signing and completion of this Agreement.
For any public fast charging subscription plan agreements signed on or after the 26th day of the month, Services will be made available to the customer on the 1st day of the second month. (i.e., if you sign up on January 26, services will be available on March 1).
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 this 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 considered confidential and you may not share or allow access to such information with any third party without Ivy’s written consent which may be withheld for any reason in Ivy’s absolute and sole discretion.
Early Termination of Agreement. Ivy may terminate the Agreement in its sole discretion. Reasons why Ivy may terminate this Agreement include if you fail to meet any of your obligations set out in this Agreement (for example, late or missed payments). Upon early termination of the Agreement, you are required to repay the total outstanding Agreement balance at the time of the cancellation. Ivy, in its sole and absolute discretion, may waive such payment obligation.
Collections. Ivy will refer customers to collections:
at any time, if the contact information for your account is no longer valid;
no earlier than 25 days after the cancellation date, if your account was cancelled for non-payment; or
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.
Collection and Use of Information. You consent to Ivy’s collection, use, and disclosure of your personal information as described in this Section. 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 this 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. 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. 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.
Transfer of Agreement. Unless otherwise permitted under the Agreement, you may not assign or transfer this Agreement without the prior written consent of Ivy. Any purported assignment or transfer in violation of this Section 9 is void.
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.
Entire Agreement. You understand that the Agreement 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.