Driver Terms and Conditions
Be.EV is an electric vehicle charging network owned and operated by Amey MAP Services Limited, registered in England and Wales under company number 10596171 with their registered address at 3rd Floor 3 - 5 Charlotte Street, Manchester, United Kingdom, M1 4HB, trading as “Be.EV”.
The payment platform and the mobile application for the Be.EV electric vehicle charging network (referred to in these terms as the Network) is operated by Swarco UK Limited, a company registered in England and Wales with company number 02754698 with their registered address at 1 Maxted Corner, Maxted Road, Hemel Hempstead Industrial Estate, Hemel Hempstead, England, HP2 7RA on behalf of Be.EV.
These are the terms and conditions relating to Your use of the Network including the electric vehicle charging service through the charging points (referred to in this document as Charging Points) within the Network. In order access the Network and receive the Services, You must agree to these terms and conditions.
Other than those terms defined elsewhere, the definitions in this clause apply to these Terms and Conditions (“these Terms”).
Account: An account created by You through Our Website or Our App to facilitate Your access to and use of the Network.
Charging Points: The equipment identified as part of the Services and used by You to recharge electric vehicles with electricity.
Our App: Our application available to download from the internet via the Apple store, the Android store or any online retailer as may be determined by Us from time to time. Our App is intended to allow You to identify the location of the nearest Charging Point on Our Network and pay for the Services, in accordance with these Terms.
Our Website: is www.be-ev.co.uk and all available pages of this website and relevant portals.
RFID Access Card: An RFID card provided by Us to identify You and suitable for use by You at Charging Points to access a Charging Point, linked to Your account and chosen registered payment method.
Services: The services to be provided to You by Us under these Terms.
Taxi Charging Points: Charging Points that can only be used to charge electric taxi vehicles, by members of the Taxi Membership Scheme.
Taxi Membership Scheme: A scheme operating in Greater Manchester only, enabling taxi drivers to use Taxi Charging Points.
2.1 These terms and conditions set out the Services provided by Be.EV (referred to in this document as We, Us or Our) and Our commitments and responsibilities to You as a user of the Services; referred to in this document as You, Your or the Customer.
2.2 By ticking the box below, You agree that You have read and fully understood these terms and conditions and You accept that these terms and conditions (to the exclusion of all other terms and conditions) constitute Your contract with Be.EV and apply to the use of:
2.2.1. the Network;
2.2.2. any Charging Point in the Network;
2.2.3. any account held with Be.EV in connection with the Network;
2.2.4. the use of Our Website and Our App; and
2.2.5. any RFID Access Card (as described below).
2.3. These Terms will become binding on You and Us upon the commencement of the Services being provided to You by Us, following Your acceptance of these Terms. At this point (the “Commencement Date”) a contract will come into existence between You and Us.
- Changes to these terms
3.1. From time to time it may be necessary for Us to update Our terms and conditions, including in the following circumstances:
3.1.1. changes in how We accept payment from You;
3.1.2. changes in relevant laws and regulatory requirements;
3.1.3. changes to our business model; or
3.1.4. changes which affect the provision of the Services.
3.2. We reserve the right to make any changes or amendments to these terms without prior notice or consultation.
3.3. We will email You within 30 days once a change has been made to let You know of the change and the reason for it. You do not need to do anything and continued Use of Our network will be deemed as Your agreement to the changes. If we have to make a materially adverse change to these Terms or the Service, you have the right to cancel your account.
- Joining the Network
4.1. By signing up to Be.EV, You will gain access to any of the publicly accessible Charging Points operated by Us as well as any Charging Points owned and operated by any other service provider with whom We hold a current and valid roaming arrangement.
4.2. Not every Charging Point operated by Us is available for public use and You may, from time to time, find one that is reserved for private use. If You are unsure whether You can use a certain Charge Point You can contact Us to ask or, if possible, check the live map on Our Website and on Our App. This map contains only Charging Points that are open and available to the public.
4.3. If you choose to create an Account, You will be asked to register Your bank details with Us to be used as repeat billing method. This means that We will use these details to invoice You on a monthly basis for any balances accrued.
4.4. The electricity consumed by Your use of the Services is recorded and (where you have an Account) Your Account is updated accordingly. Where the electricity consumed incurs a charge, You agree to pay for the Services in accordance with clause 9 (Payment and Charges) below.
4.5. You may cancel Your Account at any time by emailing email@example.com (see more information in clause 11 below).
4.6. If You are a taxi driver, and wish to join the Taxi Membership Scheme, then after creating an Account, You must visit a Travelshop operated by Transport for Greater Manchester (TfGM), and present:
4.6.1. the taxi licence badge that has been issued to You by the relevant licensing authority in Greater Manchester; and
4.6.2. the email address that you used to register with Be.EV),
and, in return, You will be provided with confirmation of the date on which Your membership of the Taxi Membership Scheme will go live, at which time You will be able to use Taxi Charging Points in accordance with the Taxi Membership Scheme (as further referred to in these Terms).
- Our Services
5.1. The terms provided in this document relate only to Your rights whilst using the Network. Should You engage other Services from Us, You may be required to accept additional terms and conditions.
5.2. We will supply the Services to You from the Commencement Date and continue to provide the Services until these Terms are terminated in accordance with clauses 11 or 12.
5.3. We will endeavor to provide You with complete and uninterrupted access to the Network and all Charging Points placed upon on it. However sometimes problems may occur and We reserve the right, without compensation being payable to the Customer, to modify, restrict access to, or suspend the Services available at the Charging Points at any time due to circumstances outside the control of Be.EV (for more information please see clause 16 below). If You encounter an issue with Our Services, please contact Us to let Us know.
5.4. We will work with all parties to ensure any issues that are reported are dealt with and resolved within an acceptable timeframe. We accept no liability for the supply of Services by third parties and are not accountable for any delays in resolution that their involvement may incur.
5.5. If You are reporting a problem to Us and are supplied a timeframe or specific date for resolution, this timeframe or date is an estimate.
5.6. You agree that, in all cases, written statements supplied by Us shall prevail over any oral statements made by Us. We will ensure that all written data supplied to You is accurate.
5.7. As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about Your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- Access to the Network
6.1. If you choose to create an Account, then, after completing the sign-up process for the Account, You may wish to order a RFID Access Card in order to operate the Charging Points which will be provided to You free of charge. This card is logged to the Account You have created and all usage with it will be assigned to it, regardless of the vehicle You charge. RFID Access Cards can only be used at Charging Points in the Network.
6.2. In order to use Your RFID Access Card, You will need to hold your RFID Access Card to the reader on the charger, and then again with the same RFID Access Card when You have finished charging. For details about relevant payments, see clause 9 below.
6.3. If Your RIFD Access Card malfunctions or ceases to work You can obtain a free replacement by contacting Us and arranging the card’s return. It is Your responsibility to store and keep secure any RFID Access Card and ensure that no unauthorized person can access or use it.
6.4. In the event of loss, theft or damage caused to Your RIFD Access Card, You may be asked to purchase Your own replacement without compensation or support from Us.
6.5. If at any point You fear Your RFID Access Card has been used by someone other than Yourself and You wish for it to be cancelled or suspended, please contact Us immediately.
6.6. No personal information is stored on Your RFID Access Card.
6.7. At all times, Your RFID Access Card and any data processed by its use remains property of Be.EV. For information on our use of Your data, please refer to our privacy notice available on our Website.
6.8. You may cancel Your account at any time and Your RFID Access Card will be deactivated.
6.9. Subject to clause 6.10 below, You may choose to use “rapid chargers” on the Network (as identified on Our App and Our Website) without an RFID Access Card through the use of a bank card that is not registered to an RFID Access Card- please see clause 13 below.
6.10. Taxi Charging Points on the Network are as identified on Our App and Our Website, and branding on the Taxi Charging Points will indicate that they are for ‘Taxis Only’ (and whether such a Taxi Charging Point can only be used to charge a hackney carriage). To use any Taxi Charging Point You will need to present Your RFID Access Card in the manner described in clause 6.2 of these Terms. Bank cards cannot otherwise be used to enable charging at Taxi Charging Points.
- Our App
7.1. If you choose to create an Account, then You can also access the Network using Our App. Once logged in, You will need to locate the charger by entering the ID of the charger You wish to use. When You are ready to charge, You will need to press “Start Charge” and plug in your vehicle. You will then need to press “End Charging” in order to finish charging Your vehicle. Use of Our App when charging will allow You to monitor Your session. Subject to compliance with clause 4.6 of these Terms, You can also use Our App to use Taxi Charging Points as part of the Taxi Membership Scheme, in the manner described in this clause 7.1.
7.2. You will be charged in accordance with clause 9 below.
- Your Use of the Network
8.1. You agree to behave in a polite and courteous manner to all members of Our team either in person or in contact via emails or phone calls. Should Your conduct fall outside of what We reasonably deem acceptable behaviour, We retain the right to terminate contact with You and/or suspend Your access to Our support. In extreme cases, We reserve the right to suspend or cancel Your Use of the Network, in which case You will be informed of Our decision in writing.
8.2. In the majority of cases, We have no involvement with or influence on parking charges or restrictions for Charging Points on Our Network. It is Your responsibility to ensure You are parked within the local restrictions put in place for each site and any parking fees due are payable by You and are additional to any fee that may be due for Your Use of the Charging Point.
8.3. Additional overstay fees may be applicable to each site and may be enforced by the land owner/car park operator. If this is the case, it is Your responsibility to ensure that You have acted in accordance with on-site instructions. We will not be responsible for any fees or fines accrued outside of those levied by the direct use of the Charging Point.
8.4. When using the Network, You will act in a safe manner and comply with all signage, safety and usage instructions displayed at each charging station or made available to You and that You connect and disconnect to a Charging Point in a safe manner that is in line with each Charging Point manufacturer's user instructions. We accept no liability for damage to a Charging Point, Your vehicle, Your property, any third party or their property that may occur as a result of misuse by You or non-compliance with any instructions or technical requirements.
8.5. You are responsible for providing appropriate cables. You will use only cables supplied by Your vehicle’s manufacturer and will not use any cables which are damaged, faulty or modified in any way. Further, You will not use adaptors from Your cable to the Charging Point. We accept no liability for any damage to your vehicle or the property of any third party as a result of lack of compatibility between Your vehicle and any Charging Point or any use of Your cables. You accept all responsibility for the electric vehicle You use in connection with the electric vehicle charging service and for ensuring it meets all requirements for charging. You will be responsible for any damage to any Charging Point as a result of incorrect cable usage or incorrect use of the Charging Point.
8.6. You acknowledge that Your vehicle type, the battery charge level, capacity of Your vehicle or other usage of the Charging Points will impact the charging time of any electric vehicle and accept that We make no guarantee or warranty regarding the amount of time required to charge Your electric vehicle.
8.7. Subject to clause 3, We only accept responsibility for losses arising from Your use of Our Services or any Charging Point which are foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by You and Us at the time We entered into this contract.
8.8. You are not entitled to any damages due to a Charging Point, the Network, mobile application or website being closed, unavailable or out of order or vehicle charging Services being suspended for any reason.
8.9. Subject to clause 15.3, We accept no liability for any damage caused to Your vehicle or property that may occur from a third party whilst You are Using Our Charging Points. This includes, but is not limited to, theft of Your vehicle, theft of possessions from inside Your vehicle or cosmetic damage to the exterior of Your vehicle.
8.10. You must not, at any time, gain or attempt to gain access to the internal workings of Our Charging Points or any of its peripheral devices, this includes but is not limited to distribution boards and feeder pillars. Should You do so, We accept no liability for any injury You may suffer or any damage You may cause. Failure to comply with this request will result in Your immediate suspension from the Network and You will be financially liable for costs incurred in Our attending site to perform a safety check on the Charging Point and any remedial works needed to repair any damage.
8.11. If You are participating in the Taxi Membership Scheme, You must only use a Taxi Charging Point to charge the taxi vehicles that are associated with Your membership. Your membership of the Taxi Membership Scheme is not transferrable. You must not (and You must not allow any other person to) use a Taxi Charging Point to charge any other electric vehicle.
- Payment and Charges
9.1. Some Charging Points operated by Us may have a tariff placed upon them. This means that there is a non-negotiable fee for its use. This fee is determined by the Charging Point owner with support from Us. Prices for Charging Points which incur a fee are listed on Our Website.
9.2. For those Charging Points which incur a tariff for use, the following terms apply:
9.2.1. Any charging sessions that take place within the UK on a Charging Point which incurs a tariff for use are charged in GB pounds sterling.
9.2.2. Unless explicitly stated otherwise, the amount shown on Our Website are final and inclusive of VAT. Any banking charges as a result of contactless payment or use of webpay will be added to the amount shown on Our website when applicable.
9.2.3. If you do not have an Account, or do not use Your Account for a particular charging session which will incur a tariff, You will be required to provide payment details when accessing and using the relevant Charging Point and these will then be used to take the payment, as further set out in clause 13.
9.2.4. Where you have created an Account and use it for a charging session all charging sessions You use within a calendar month for which a tariff is applicable will be assigned to Your Account and all balances accrued and totalled into one, grouped payment. On the first day of each month, You will be emailed an invoice for the full balance. You must pay all sums due by the date shown on each bill and our payment service provider will use the bank details provided by You when creating the Account to pay each invoice by direct debit accordingly. All historic invoices are stored on Your Account and can be viewed and downloaded at any point.
9.2.5. Occasionally a Charging Point may have supplementary monetary charges applied for its use. These may include, but not be limited to, reservation fees or overstay charges. If additional charges apply, these will be listed on Our Website or Our App or on the instructions at the Charging Point.
9.2.6. Should payment for re-charging Services supplied to You not be collected, We will contact You and ask You to update your payment details. Any balance outstanding for more than five (5) working days will result in the suspension of Your Account and Your access to the Charging Point on the Network will be revoked until such time as You have cleared Your outstanding balance.
9.2.7. Any Accounts with balances that remain unpaid for a period of thirty (30) days shall be permanently suspended. In order to resume Services, You will be required to make payment for Your full balance as well as the additional charge.
9.2.8. We reserve the right to migrate a Customer’s Account from one billing platform to another.
- Refunds for Charging
10.1 If, after Your balance has been taken, You notice a problem with Your monthly invoice and/or wish to query an amount on your Account, please contact Us as soon as possible.
10.2. When investigating a request for a refund, We will undertake any reasonable actions to ensure that each report is handled thoroughly and effectively. If, at any time, You believe this not to be the case and wish to make a complaint, Our complaints procedure can be viewed on Our website.
10.3. In some cases it may be that We need to seek advice or approval from third parties (for example, where a third party owns the relevant charging station, then we will need permission from that third party before we can issue the refund). We are not responsible for any delays to Your refund that may be caused by such contact.
10.4. At the end of Our investigation to Your refund claim, We will contact You in writing to let You know Our decision. All decisions are final and are dealt with through Our complaints procedure but nothing prevents You from exercising Your statutory rights in respect of such dispute.
10.5. Repeated applications for refunds deemed by Us to be made dishonestly could result in Your suspension from the Network.
- Your Rights to Termination
11.1. If, at any point, You wish to cancel Our Services You may do so by notifying Us by email.
11.2. Before We accept Your removal from the Network, You will need to ensure that all existing balances are paid and Your Account is in good standing.
11.3. At point of cancellation We will remove all of Your personal information from all databases in Our system. Your usage history will be deleted save for information that must be retained to comply with our obligations in relation to financial payment records (which will be retained for 6 years). In addition, we will retain information for reporting purposes which may include assistance with product and technical development in which case the data will be anonymised and there will be no link between it and You. For information on how We use Your data please refer to our Privacy Notice available on our Website.
11.4. At point of cancellation any RFID Access Cards You have will be cancelled but You will be responsible for its physical destruction. After You have cancelled Your account any access cards in Your possession cannot be re-instated. Should You wish to re-join Us at any point, You will need to do so as a brand new member.
- Our Rights To Cancel And Applicable Refund
12.1. Once We have begun to provide the Services to You, We may cancel the Services or the availability of Our App or RFID Access Card or Website at any time by providing You with at least 30 calendar days’ notice in writing.
12.2. We may terminate this agreement with immediate effect if You (i) violate these terms and conditions (including acting in contravention of clause 8.11 of these Terms) or (ii) use the Charging Points in such a way that may (in Our reasonable opinion) or does cause harm or damage
12.3. In particular, We may cancel the contract for Services at any time with immediate effect if You do not permit the pre-authorisation of any payment details if relevant (including bank details) which you provide, or pay Us when You are supposed to as set out in clause 9.
12.4. Without prejudice to Our rights under clause 12.2, if You falsify or misrepresent any information You provide to Us or TfGM in accordance with clause 4.6 of these Terms, We reserve the right to terminate Your membership of the Taxi Membership Scheme and/or this agreement. In such circumstances, we may also refer the matter to relevant authorities (including the police).
- Use of the Network without Registration
Drivers who do not wish to register with the Network, or do not wish to use their Account for access to it, are able to charge using one of the following methods:
13.1. Contactless Bank Card
For “rapid chargers” (as identified on Our App and Our Website) that will incur a tariff for their use, You can charge using just Your contactless bank card (except where the rapid charger is a Taxi Charging Point). On arrival at the Charging Point, You will need to hold Your contactless card to the card reader. The Charging Point will validate Your card and a pre-authorised amount is reserved in the account with which Your card is associated (e.g. bank account or credit card account). You will need to confirm which connector You wish to use on the Charging Point and plug in Your vehicle in the usual way. When You are ready to leave, You will be required to present the same bank card to the charger in order to complete the session. You will be presented with a summary of the session, including the total charge for the session. Invoices for payments made using this method can be requested via our helpdesk.
For both “rapid chargers” and “fast chargers” (as identified on Our App and Our Website), You’ll be able to use Webpay (except where the charger is a Taxi Charging Point), which is a web-based payment system. This can be accessed through a web link on the Charging Point. On arrival at the Charging Point, You will access the Webpay on Your mobile device where You will be required to enter the ID of the Charging Point You wish to use. You will be required to accept these terms and conditions in order to continue to use the Charging Point or card account. Once You have entered Your bank details, a pre-authorised amount of reserved in Your bank account. You will plug in Your vehicle in the usual way. When You are ready to leave, You will be required to re-enter the browser and select “End Charge”. The web page will confirm that your charge has been successful and will inform you of the total charge for the session. You may enter your email to have these details sent to You if You wish. If the total cost of the charging session is lower than the preauthorised amount or use of the Charging Point doesn’t incur a tariff, the preauthorisation amount will be refunded to your account within three to five working days.
- Your Personal Details
14.1. We will collect, use, store and share your personal information as set out in Our Privacy Notice. Our Privacy Notice is available on our Website.
- Our Liability To You
15.1. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by You and Us at the time We entered into this contract.
15.2. We only supply the Services under these Terms for domestic, private or business use (where such business use involves charging a vehicle as a core part of the business eg a taxi). You agree not to use the Services for re-sale purposes.
15.3. We do not exclude or limit in any way Our liability for:
15.3.1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
15.3.2. fraud or fraudulent misrepresentation;
15.3.3. breach of any of the legal rights available to you in your jurisdiction in respect of the Services.
- Events Outside Our Control
16.1. In addition to the clauses dealing with liability in clause 15, We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an event outside Our control.
16.2. An event outside Our control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications or electricity networks or grids, or any failure of a Charging Point, including a communications failure or an electricity supply failure.
16.3. If an event outside Our control takes place that affects the performance of Our obligations under these Terms We will contact You or post a notification on our Website or Our App. Please note that where the event outside Our control affects our performance of services to You, We will restart the services as soon as reasonably possible after the relevant event is over.
- Other Important Terms
17.1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.
17.2. If We need to contact You in connection with these Terms, the Network or the Services, We will do so by email (where You have provided an email address). You are responsible for monitoring any email address You provide to Us and for ensuring We have the correct email address for You.
17.3. This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
17.4. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.5. If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
17.6. These Terms are governed by English law. Any disputes shall be subject to the exclusive jurisdiction of your local courts this means that if you live in England you and we submit to the exclusive jurisdiction of the English courts If you live elsewhere in the United Kingdom you and we submit to the exclusive jurisdiction of the courts in the country in which you live
- How to Contact Us
If you have any questions or complaints, You can telephone our Customer Services Team at 0800 917 3208 or by emailing us at firstname.lastname@example.org. Our complaints procedure can be viewed on Our website.