Terms of Service.
Blink® Account Agreement
Effective Date: November 19, 2014
Please read this Blink Network, LLC (“Blink”) Account Agreement (this “Agreement”) carefully.
By opening a Blink account, using a Blink-issued user card, using a Blink-provided user code or guest code (“Code”), and/or using the Blink Network, you agree to the following terms:
You Agree to: Pay all applicable fees (“Fees”) for access to an EV charging station initiated by you, or through the use of the Services in any manner, including, without limitation, with your RFID card(s) at a station, remotely by a customer service agent at your request or by using a Code or any application embedded in any smart phone or similar technology.
Use the Services solely in accordance with instructions provided to you by Blink.
Obey all applicable laws and regulations, as well as any policies and rules of the owner of the Blink Enabled EV Charging Station and/or the owner of the property on which the Blink Enabled EV Charging Station is located when using any Service and/or any Blink Enabled EV Charging Station.
Promptly review your Blink statement and/or other payment method statement (such as your credit card statement) and notify Blink Customer Service in writing of any questions regarding fees. Fees not questioned by this method within 30 days of the applicable statement date will be deemed valid.
Promptly update online account information with any changes to your name, email address, mailing address, telephone number, and any applicable credit card information, including, without limitation the applicable credit card number, expiration date and billing address when that new information is first known. You remain liable for all Fees billed to your Blink account through the date your Blink account is cancelled.
Blink Billing: An RFID card or a Code may be used to pay Fees on any publicly accessible Blink Enabled EV Charging Stations and on any private Blink Enabled EV Charging Station you are allowed to use. When using your RFID card for payment of Fees, the applicable Blink EV Charging Station will read your RFID card and a record of your transaction will be created. Fees will be charged to your account in accordance with the price configured by a Host or Blink for such Blink Enabled EV Charging Station. It is your responsibility to be aware of the price charged for access to the applicable Blink Enabled EV Charging Station. If you use, or another person uses, your RFID card or Code on any Blink Enabled EV Charging Station, you agree to pay the fees specified. You agree that Blink may share with a Host or other duly authorized party, any information contained in this Blink Account Agreement regarding your usage for purposes of processing and collecting fees, and enforcing Network policies and contractual obligations.
Charging Fees: EV Charging Services Fees are charged (i) by kilowatt-hour ("kWh") of energy dispensed to the vehicle; (ii) by the time the vehicle is plugged into the station rounded up to thirty-second intervals or 1 hour intervals, depending on the specific EV charging station; or (iii) by a flat fee for the total session (“session-based rate”), depending on the location of the EV charging station. Blink maintains an up-to-date schedule of pricing rates by region on the FAQ page of the Blink Network website.
Minimum Account Balances, Fees and Charges: Although you provide your credit card information when you apply for an RFID card or request a Code, your credit card will not be charged until you utilize a Blink Enabled EV Charging Station which requires payment. A $1.00 or $5.00 authorization fee will display on the credit card account provided for authorization purposes only. Blink members’ charging fees will be billed to the credit card associated with their Blink account on the last day of the month, unless you reach a balance of $100. In that case, charging fees will be billed immediately. Blink guests’ charging fees will be billed to the credit card provided when requesting the Code immediately after utilizing a Blink Enabled EV Charging Station which requires payment.
In the event that payment on your credit card is declined, Blink may terminate your account and, in the case of any outstanding balance, institute collection proceedings in order to collect any unpaid balance and, at Blink’s sole option, any fees, costs or other expenses (including, without limitation, reasonable attorney fees) incurred by Blink in connection with its collection efforts.
If an RFID card fails to operate for reasons other than abuse or improper use and is returned to the Blink Customer Service Center, Blink will replace that RFID card at no charge.
If an RFID card is lost or stolen, please report such loss or theft online immediately by accessing your Blink account and clicking the appropriate status, or, if you do not have access to the internet, inform Blink Customer Service immediately (see contact information at the end of this document). You remain liable for all Fees initiated with your RFID card or Blink Code until you have notified Blink that your RFID card has been lost or stolen. Blink Codes are good for use within 3 days of purchase and are non-refundable.
Bay Area Air Quality Management District EVSE Deployment Program Participants: Participants in the Bay Area Air Quality Management District (“DISTRICT”) Electric Vehicle Supply Equipment (“EVSE”) Deployment Program (“Program”) with Blink, hereby expressly agree and acknowledge the following:
i) You purchased or leased a Vehicle that is registered in your name and at an address located within the DISTRICT’s jurisdiction;
ii) You purchased an EVSE that is installed at the same address as the Vehicle is registered;
iii) You obtained permits and any other required approvals from the local governing agency for the installation of your EVSE;
iv) You agreed to operate your Vehicle and EVSE for a minimum of three years;
v) You provide your charging usage data to CONTRACTOR and DISTRICT for Program evaluation purposes;
vi) You allow CONTRACTOR or DISTRICT to notify the local utility of the address where the EVSE is installed;
vii) You allow CONTRACTOR or DISTRICT to inspect the location where EVSE was installed;
viii) If requested by CONTRACTOR or DISTRICT, you will provide updated Vehicle DMV registration information for the lessor of up to three years or through December 31, 2015;
ix) Individuals may only participate in the Program once and you are not already receiving funding from the DISTRICT for participation in the Program though another Program contract provider;
x) Participation in the Residential EVSE Reporting Component of the Program is voluntary;
xi) “Vehicle,” under this subheading, shall mean a plug-in electric vehicle that was purchased or leased on or after December 1, 2010, with a gross vehicle rating below 14,000 pounds; and
xii) “Participant,” under this subheading, shall mean a person that, lives in the Bay Area during the term of the Program, and has to the knowledge of Blink, complied with the foregoing Program Residential EVSE Reporting Component requirements.
Offers from Blink Partners: From time to time, you may receive offers through Blink from other organizations. Acceptance and performance under those offers is strictly between you and those organizations. Blink does not assume responsibility for any performance by these organizations and you agree to look solely to them, and to release Blink from any liability, with respect to any offers you accept. These organizations conduct business for themselves and are not part of the Blink business. As such, you should always make sure to review their terms of service and privacy policies so that you may better understand what is being offered, what is expected of you and what may be done with any personally identifying information you provide to them.
Termination: Either Party may terminate this Agreement at any time and for any reason. If you wish to terminate your account and this Agreement, you must notify Blink in writing. Following any termination, you shall remain responsible for any and all unpaid Fees associated with your Blink account. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fees or penalties, and you may be subject to collection actions for any unpaid balance.
DISCLAIMER OF WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLINK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLINK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (ii) THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Indemnity: You agree to indemnify, protect, and hold harmless Blink and its directors, officers, employees, agents and distributors, and Hosts, and their respective directors, officers, employees and agents (collectively, the “Indemnitees”) from all liability for any loss, damage or injury to persons or property arising from or related to your misuse or misapplication of the Service or otherwise for your negligence or misconduct.
LIMITATION OF BLINK’S LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLINK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE.
To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnitees from all liability for loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the Services. You agree that none of the Indemnitees will incur any obligation or liability for any such loss, damage or injury to the maximum extent allowable by law. Your sole and exclusive remedy against Indemnitees will be replacement of any defective RFID card(s). Notwithstanding anything to the contrary herein, Blink’s liability arising from Services and/or EV charging stations shall not exceed total fees paid to Blink by the claimant for the Services provided hereunder.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMER, LIMITATIONS AND RELEASE MAY NOT APPLY TO YOU.
Governing Law; Arbitration: This Agreement is to be construed according to the laws of the State of Florida, without regard to any conflict of law provisions that would require application of another choice of law. Any dispute arising from or relating to this Agreement shall be arbitrated in Miami-Dade County, Florida. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. All claims shall be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys' fees and costs.
Communications: Please address all inquiries and notices to Blink Customer Service at 1-888-998-2546.
Or by mail:
Blink Network, LLC
1691 Michigan Avenue, Suite 601
Miami Beach, FL 33139
Copyright © 2014 Car Charging Group, Inc. All Rights Reserved.