Supplementary Terms and Conditions for ChargeLab O&M™️

United States version. Last updated: October 5, 2021

These Supplementary Terms and Conditions will apply to the ChargeLab O&M™️ services as specified in an Order Form or the Dashboard, as applicable, and will take effect as of the date of O&M Activation as defined herein and be incorporated into, and form part of, the Agreement. Capitalized terms not otherwise defined in these Supplementary Terms and Conditions will have the meanings ascribed to such terms in the ChargeLab Network Services Agreement, the applicable Order Form, or the Dashboard.

1. Definitions

1.1.

ChargeLab O&M™️” is a comprehensive operations and maintenance plan for EVCS. For EVCS to qualify for ChargeLab O&M™️, they must be purchased from ChargeLab in accordance with ChargeLab’s Supplementary Terms and Conditions for Purchase of Hardware and connected to ChargeLab’s network services in accordance with the ChargeLab Network Services Agreement.

1.2.

Covered EVCS” means Customer EVCS which have an active ChargeLab O&M™️ plan that has been fully paid up pursuant to the Order Form or the Dashboard, as applicable, and subsequent ChargeLab invoices.

1.3.

O&M Activation” is the confirmation from ChargeLab that Customer’s ChargeLab O&M™️ plan is active following a successful Site Validation. Any costs related to installing, configuring, or repairing EVCS before O&M Activation are not covered by ChargeLab O&M™️. Connecting EVCS to ChargeLab’s network services does not constitute O&M Activation.

1.3.

Site Validation” is the process by which ChargeLab validates the installation of EVCS to ensure they qualify forChargeLab O&M™️. Site Validation includes, but is not limited to, third-party installers sending photos to ChargeLab of the installed EVCS and installation site, performing network strength tests using their mobile phone, and otherwise complying with ChargeLab requests to verify that the installed EVCS are configured optimally for successful usage and internet connectivity.

2. ChargeLab O&M™️ Services & Support

2.1.

Subject to the terms of this Agreement, ChargeLab will use commercially reasonable efforts to maximize the uptime and maintain the functionality of the Covered EVCS, including:

2.1.1.

Providing remote, automated monitoring of Customer EVCS through ChargeLab’s charging station management system (“CSMS”) in addition to Network Services.

2.1.2.

Promptly resolving any abnormal EVCS behavior or issues which can be resolved remotely.

2.1.3.

Notifying Customer of issues which cannot be resolved remotely no later than 1 business day after ChargeLab becomes aware of the issue.

2.1.4.

Responding to all Customer or End User reports of abnormal EVCS behavior or issues no later than 1 business day after Customer or End User contacts ChargeLab through any channel.

2.1.5.

Dispatching a qualified technician to the Site at ChargeLab’s cost in the case of an issue that cannot be resolved remotely.

2.1.6.

Coordinating and covering all parts and labor costs needed to resolve any EVCS issues, including on-site repair, reconfiguration, or replacement of EVCS.

2.1.7.

Providing quarterly reports on EVCS uptime and any issues resolved remotely or on-site.

2.1.8.

Repairing damages caused by EndUser accidents, vandalism, or heavy usage; except in cases of repeated vandalism where Customer does not take steps to improve security at the Site.

3. Exclusions

3.1.

ChargeLab O&M™️ does not cover:

3.1.1.

Equipment other than the Covered EVCS, including electrical infrastructure (such as panels, breakers, conduit, cables), WiFi modems, cellular signal repeaters, signs and other parking space fixtures, or the paint applied to parking spaces, walls, or other surfaces.

3.1.2.

Cosmetic damages that do not impact the functionality of the EVCS, including normal wear and tear, scratches, dents, and discoloration.

3.1.3.

EVCS that have been altered, modified, or relocated by a third party without ChargeLab’s written approval.

3.1.4.

EVCS that have been intentionally disconnected from ChargeLab’s network services.

3.1.5.

Damages caused by Acts of God, including an extreme power surge, lightning strike, earthquake, tornado, flood, riot, or other unavoidable catastrophe or natural disaster.

4. Restrictions and Responsibilities

4.1.

The provision of O&M Services are conditional upon Customer providing ChargeLab, its O&M technicians, and other third party affiliates of ChargeLab, reasonable and sufficient access to the Site(s) as needed to fulfill ChargeLab O&M™️ obligations. This includes, but is not limited to, access to restricted parking areas where EVCS are located, access to electrical rooms, and access to other areas of the Site(s) as needed.

4.2.

The provision of O&M Services are conditional upon Customer providing ChargeLab, its O&M technicians, and other third party affiliates of ChargeLab, reasonable and sufficient access to the Site(s) as needed to fulfill ChargeLab O&M™️ obligations. This includes, but is not limited to, access to restricted parking areas where EVCS are located, access to electrical rooms, and access to other areas of the Site(s) as needed.

4.3.

In cases where EVCS use Customer-provided internet connections (such as WiFi or Ethernet), Customer must ensure all modems, networking, passwords, and other internet infrastructure remain up to date and EVCS remain connected. This section does not apply to EVCS connected to ChargeLab’s CSMS through ChargeLab-provided 3G/4G cellular connectivity.

4.4.

Customer will keep the area in which EVCS are installed clean, safe, and orderly, to at least the same standard Customer uses to maintain the remainder of the Sites.

4.5.

Customer will promptly notify ChargeLab of any suspected abnormal behavior or issues with any EVCS as soon as Customer becomes aware of the issue.

5. Termination by ChargeLab

At its sole discretion, ChargeLab may terminate ChargeLab O&M™️ services upon thirty (30) days’ notice if it deems the O&M services too risky to administer to Customer at any Site following at least one (1) instance of repairs made because of vandalism or incorrect use of the EVCS. In the case of termination for risk of future vandalism, ChargeLab will pro-rata refund any Fees already paid by Customer for the ChargeLab O&M™️ services.