1. Who we are and how to contact us

1.1. We are Pod Point Limited (trading as “Pod”) and www.pod-point.com, www.podenergy.com and all of its associated websites are operated by us. We are registered in England and Wales under company number 06851754 and have our registered office at 222 Gray’s Inn Road, London, WC1X 8HB. Our VAT number is 278743455

1.2. To contact us you can:

• Visit our Help Centre and raise a support enquiry
• Phone us on (+44) 0207 247 4114
• Send a letter to: Pod Point Limited, 222 Gray’s Inn Road, London, WC1X 8HB.
  
  

2. Description of our Pod Drive services

2.1. Your Pod Point Limited home electric vehicle charger (your “Podpoint”) is either provided to you by Pod pursuant to separate hire agreement terms and conditions or is already owned by you. In return for your continued performance of your obligations under these Terms and (where relevant) your hiring of your Podpoint pursuant to the relevant hire agreement, we agree to provide you with all the benefits of our Pod Drive subscription services as are set out in these terms and conditions. General descriptions of our Pod Drive subscription services are set out on our website https://www.podenergy.com and in the information we provide to you when placing an order (“ Pod Drive services ”) and the terms which we provide them on are set out below.

2.2. We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy notice contained here Privacy Notice | Pod Point (“Privacy Notice”)

2.3. Please read the description of the services and these terms and conditions carefully, before you accept them, along with our Privacy Notice Privacy Notice | Pod Point which also apply to Pod Drive services.

3. Our agreement with you

3.1. These terms and conditions (“Terms”) cover your subscription for Pod Drive services in connection with your Podpoint. They set out how we will provide Pod Drive services to you, your cancellation rights, what to do if there is a problem and other important information. You must confirm your acceptance of these terms when you place your order. The Pod Drive services are provided by us for an initial term of 36 months from the date of acceptance of these Terms (“Initial Term”), and on a rolling monthly basis thereafter (unless we agree with you to extend it). This Initial Term will come to an end on one month’s written notice from either party after that 36-month term has passed or when terminated as set out in section 25.

3.2. To benefit from Pod Drive services you must own, hire or otherwise be the beneficial owner of a Podpoint home charger. In return for us providing Pod Drive services, you agree at all times during the Initial Term (and any rolling monthly term or extended thereafter) to:

• ensure your Podpoint remains connected to the internet in accordance with these terms and conditions;
• remain eligible for Pod Drive as described below in section 5;
• if you hire your Podpoint through a hire agreement with Pod, continue to perform your obligations under that hire agreement and not have ended your hire agreement or have caused Pod to (at our discretion) end the relevant hire agreement through your actions, for example by not paying your hire payments; and
• continue to pay any amounts you have agreed to pay to Pod including under any separate hire agreement.
  
  

3.3. Once you have agreed these Terms, you have a 14-day cooling off period in which you can change your mind and cancel your Pod Drive services. The cooling off period runs for 14 days from the date this agreement is made. To cancel this agreement, please contact us using the contact details in section 1.2 or write to us using the ‘Model Cancellation Form’ at the end of these Terms.

4. Ordering

4.1. You place an order for Pod’s Pod Drive services through our website or via selected partners. Please check your order carefully before submitting it.

4.2. As part of ordering your Pod Drive subscription and managing your Podpoint you will be required to download our Pod Home mobile phone application (our “App”). Your downloading and use of our App is subject to our App terms of Use.

4.3. Submitting your order is an offer to acquire Pod Drive services in return for the agreement terms described above, and all orders are subject to acceptance by us. Acceptance of your order takes place when you sign these Terms and we send you an e-mail setting out your order, at which point a contract for Pod Drive services is formed between you and us incorporating your order on these Terms.

5. Eligibility

5.1. To be eligible for Pod Drive services:

• You must own or hire a linked Podpoint.
• Your eligibility must be validated in the Pod Point app when you register for Pod Drive.
• Your electricity supply must be half hourly settled (or if it is not, you may receive reduced access to Pod Drive services as described below in section 6.6).
• You must use the Pod Point App to charge one or more electric vehicle(s) (“EV”) using your linked Podpoint.
• You must have your linked Podpoint connected to Wi-Fi with sufficient coverage to use Pod Drive features.
• We currently support all single rate or two rate domestic electricity tariffs. You must not be a user of a smart electricity tariff such as Intelligent Octopus, Octopus Intelligent Drive Pack, Octopus Agile, OVO Charge Anytime, Scottish Power EV Optimise or other similar smart electricity tariffs that are not single rate or two-rate tariffs.

5.2. If at any point you become a user of a smart electricity tariff that is not a single rate or two-rate tariff as described above, you will no longer be eligible for Pod Drive and we reserve the right to withdraw any or all Pod Drive services at that point.

6. Pod Drive Miles

6.1. As part of your Pod Drive subscription, one of the services you benefit from is our Pod Drive inclusive EV miles (“Miles”) for every mile you drive having charged using our smart-charging system.

6.2. To obtain Miles you agree to plug in your EV into your Podpoint at home regularly. You will use our App to set your EV charging target for the relevant EV and also set the time (for that day or the following day) that you wish to achieve your target EV battery charge level by. You may use your Podpoint to charge more than one EV at separate times if you wish.

6.3. Using our Smart Charging system (see our ‘Smart Charging’ section 17 for more details) and your Podpoint we will then charge your plugged-in EV to the target battery level by your target time. We can only achieve the most efficient charging through your Podpoint by using the electricity tariff details you have advised us of, subject always to your EV being correctly connected to your Podpoint and to the details of your electricity tariff being accurate.

6.4. Pod is not responsible for your electricity charges or supply. Your energy supplier will do that, and you should pay your electricity bill as usual. Your Podpoint supports most of the electricity tariffs available in the UK market, however we cannot smart-charge your EV with your Podpoint if at any time your electricity is supplied via a smart electricity tariff that is not a single rate or two rate energy tariffs (as described in the ‘Eligibility’ section at 5.1 above).

6.5. For every mile of EV driving that we smart-charge an EV with via your Podpoint, you will accrue Pod Drive included Miles as a reward for smart-charging any connected EV up to your included miles allowance per calendar year. Miles are calculated in accordance with the below calculation and apply to your Pod account no matter how many EVs you smart-charge.

6.6. Your annual Miles allowance is set at the per annum rate described in your order with us (typically 5,000 or 7,500 Miles as set out in section 6.8 below), with such annual term to commence on the day of the installation of your Podpoint and refreshing annually on the anniversary of your installation thereafter.

6.7. Manually charging any EV at peak hours, charging using the ‘Boost’ option on the App, charging using electricity from solar panels and/or home battery storage charge (as described in section 20.3 below) and/or charging at any time using a smart electricity tariff (such as Intelligent Octopus Agile and OVO Charge Anytime or other similar smart electricity tariffs, see section 5.1 above) will not accrue Miles.

6.8. If your electricity supply is not on a ‘Half-Hourly Settled’ basis, where electricity usage is measured and billed in half-hour intervals using data from smart meters, (“HHS”) then your Miles allowance is 5,000 per annum. In that case, we reserve the right to increase your Miles allowance (to up to 7,500 Miles) if/when your electricity supplier switches your electricity supply to a HHS basis. This transition to ‘Market-Wide’ HHS is currently being undertaken by electricity suppliers in the UK. We may make that switch when your supplier notifies us that your supply has transitioned and we will notify you when this increase happens. Where your Miles allowance is already 7,500 or above that is because your electricity supply is already HHS (and so no such increase in Miles is envisioned).

6.9. We calculate Miles based on the average efficiency of an EV (3.5 miles per kilowatt-hour (kWh)) and a typical overnight electricity supply rate of £0.0805 (or 8.05p) per kWh. For each Mile accrued up to your Miles allowance in the relevant year, Miles will be stored in a separate Miles wallet which you can see and access through your App (your “Wallet”). You will earn £0.023 (2.3p) for each Mile you accrue from a smart-charging session, with the minimum you can earn from a charging session being £0.023 (2.3p). We reserve the right to amend these calculations to reflect typical EV costs in the future. Your Miles are personal to you and can’t be transferred to another party except unless explicitly agreed by us at our discretion.

6.10. We may notify you in future of opportunities to gift, share or otherwise transfer your accrued Miles, and make connected changes to these Terms in accordance with section 26 below.

6.11. Your Miles balance will be displayed in British pounds in the App as Miles are accrued, and once you’ve earned a minimum value of £10.00 or more in Miles you may withdraw them as cash into a bank account of your choosing in accordance with these Terms. Any Miles balance accrued but not withdrawn on an anniversary of the installation of your Podpoint will not roll-over into your Wallet for the next year and will be lost (so should be withdrawn before that date), although your subsequent year’s Miles allowance will not be affected. You will be able to see how many Miles you have earned and how much of your Miles balance you have withdrawn from your Wallet in the App.

6.12. Please note:

• Your Miles have no monetary value until they are withdrawn from your Wallet.
• You can’t change or cancel your withdrawal from your Wallet after you’ve confirmed it.
• In future some withdrawal options and special offers may only be available for a short period of time and they may require a minimum Miles balance. Any restrictions will be explained in the offer terms.

7. Arranging delivery and installation

7.1. Once we have established your eligibility for Pod Drive services, you must download our Pod Drive App (as described in section 4.3 above) and use the App to complete our detailed pre-installation home survey. That survey will enable Pod to establish what is required to complete the installation of your Podpoint at your home. The App will also be used to ask you certain affordability questions in connection with your Podpoint hire arrangements. It is in the App that you will sign the relevant hire agreement as well as signing these Terms.

7.2. You also agree to provide details of your electricity tariff when requested in the App. As described in the ‘Eligibility’ section above, certain electricity tariffs are not compatible with Pod Drive. If at this stage you are deemed by us not to be eligible for Pod Drive for any reason, including for reasons connected to electricity tariff or installation ineligibility, any contract for services will be rescinded by Pod and all amounts paid by you to Pod will be refunded.

7.3. Following eligibility and affordability being established and a home survey being completed via the App, we will schedule an installation date with you and your Podpoint will be delivered and installed on the agreed installation date. We will contact you to agree and schedule your installation date.

7.4. We will aim to schedule the initial installation of your Podpoint for a date within 10 working days’ of the date you finalise your contract with us for Pod Drive. You may reschedule your installation date but you must provide us with at least 2 working days’ notice if you want to do this. If you do not give us at least 2 working days’ notice, we may charge you an additional fee in accordance with our “Schedule of Additional Charges” at the end of these Terms below. To reschedule your appointment, please contact us.

7.5. We will deliver and install the Podpoint to the address at which the Podpoint is to be installed as provided by you when you placed your order.

7.6. If we are unable to deliver and install your Podpoint on the agreed installation date because you cancel with less than 2 full working days’ notice, because you are not at the address to take delivery, or because we otherwise cannot gain access to your property for reasons outside of our control, we will contact you to rearrange your installation date. In such circumstances we may charge you an additional fee of £50 to reschedule your installation.

7.7. If our supply or delivery of your Podpoint is delayed by an event outside our reasonable control (for example, severe weather, epidemic or pandemic, accidents or unpredictable traffic delays) then we will contact you as soon as possible to let you know and take steps to minimise the effect of the delay. Provided we do this, we will not be responsible for any losses you suffer for delays caused by the event and we will endeavour to rearrange your installation as soon as practicable.

8. Podpoint Installation Services

8.1. Our terms and conditions cover what is included in your standard installation for a Podpoint and what happens if we need to quote for extra works.

8.2. Sometimes issues arise on the day that mean we cannot complete your installation on the first visit, but if we know about these in advance, we can often resolve them beforehand.

8.3. For the best experience, please let us know if you think there’s any reason why we might not be able to complete your install on the day (for example if there are any access issues affecting the property).

9. What is included

9.1. Pod’s standard installation package for our Podpoint covers the majority of homes in the UK and includes the following:

• Fitting of a Podpoint on a brick or plaster wall, or to another suitable permanent structure
• Up to 15 metres (50 feet) of cable, run and neatly clipped to the wall between the electricity supply meter / distribution board and the Podpoint
• Routing of the cable through a drilled hole in a wall up to 500mm (20 inches) thick, if this is needed
• The fitting and testing of electrical connections and protections required for the charger
• An additional three-way consumer unit, if required
• Installation of a Type B or C MCB and a Type A RCD, or equivalent RCBO in an adequate enclosure
• Up to 3 metres (10 feet) of plastic conduit to conceal interior wiring
  
  

10. Some conditions and limitations that you need to know

10.1. The Podpoint must be located in your designated off-street parking area and be fixed at a height where it cannot be hit by a vehicle.

10.2. We cannot fix the cable higher than 1.8 metres (6 feet) above the ground. If fixing higher than this is unavoidable then the installation may need to be paused, in which case we will quote for any extra work needed.

10.3. We cannot, as part of the standard package, trench the cable underground or suspend it above ground. If something like this is required, please tell us so that we can give you a quote for additional works in accordance with the ‘Additional works and/or non-standard installations’ section 14 below. If we find out on the day that we need to cross a garden or a pathway we may need to pause the installation and quote for the extra work needed to trench the cable.

10.4. When you are using your Podpoint, the EV charging cable must remain on your property and must not create a trip hazard for you or anyone else.

10.5. We cannot run a cable under floorboards or through ducting / ceiling voids / wall voids without a draw cord (to pull the cable through), or if the floorboards have not been lifted. We cannot take responsibility for reinstating flooring or other building materials after the cable has been laid.

10.6. The installer will position the Podpoint at your home as instructed by you. Whilst they can advise on suitable locations for the installation, they do not take responsibility for the final positioning nor the accuracy of any measurements provided to them by you.

10.7. Our installers are not able to work in crawl spaces, on roofs or in lofts if it is deemed unsafe by them. Our installers are also not able to work in extreme weather (e.g. high winds, intense heat or heavy rain). If it is not safe to carry on, they will do as much as they can and will return at a later date.

10.8. If you have chosen a freestanding mount for the Podpoint to be fitted on please be aware that there may be an additional cost for installing it.

10.9. You or a responsible adult of the age of 18 years or over will be needed to certify acceptance of the installation when it is complete and therefore need to be present on site for the entire duration of the installation and you agree to provide us with safe, free and unobstructed access to the relevant parts of your property.

10.10. Our scheduled date for installation is an estimate only. We will let you know as soon as possible in advance if we have to amend this date for any reason.

11. What happens if we find that your existing wiring is not up to scratch

11.1. We follow BS7671 2008/2015 Amendment 3 Standard Regulations and NICEIC guidelines on electric vehicle installations.

11.2. If we cannot install the Podpoint in line with these rules then your installation will be paused and we will quote for the work needed to meet the required standards. This might include the additional fees described in our “Schedule of Additional Charges” at the end of these Terms below. Your quote will be issued subject to these Terms.

11.3. If the existing electrical arrangements at the property are not in line with these rules or there is something else that makes it unsafe for us to install then we may quote for the work needed to meet the required standards.

12. What happens if your electrical supply is inadequate

12.1. We can only complete the installation if the electrical capacity (i.e. main fuse) can support the additional electrical demands of the Podpoint. If the capacity is not sufficient, we might be able to de-rate the Podpoint or we may have to pause the installation until your main fuse is upgraded by your electricity supplier.

12.2. We are not responsible if the installation of your Podpoint, including switching off or switching on the power to your home, causes unforeseen damage to other electrical appliances (such as TVs or computers) in your home. This rarely happens, but from time to time old or sensitive appliances can be affected by a power cut or as a result of inadequate wiring in your home. If you are at all concerned about any of your appliances, please unplug or switch them off at the socket prior to installation. If in any doubt, ask your installer for some advice before the installation starts. You can also ask your local grid network operator for advice on how to protect appliances in your home.

13. Timing

13.1. We allocate two hours for standard installations and we will do all we reasonably can to complete the installation on the installation date in this timescale. If we cannot complete on the day because of supply related problems or unexpected additional works then we will reschedule an installation date once the additional works are complete or our quotation for the work has been accepted.

14. Additional works and/or non-standard installations

14.1. If required, your installation project manager or installer will detail any required or optional works and provide a ‘no-obligation’ quotation for these services. Where applicable this might include the additional fees described in our “Schedule of Additional Charges” at the end of these Terms below. A validity period may apply to the quotation, please speak to your installation project manager or installer.

14.2. These Terms will apply equally to any additional works agreed by you to be performed following your acceptance of our quotation. Quotations for additional works are made on a fixed time/ fixed cost basis and once paid shall not be refundable following the completion of the works.

14.3. If the additional works are minor (less than 2 hours additional time) and can be completed on the day, we will try to complete them on the day so that an additional visit is not required but this will be dependent on our own work scheduling.

14.4. If it is determined that an installation cannot be completed on the day, we will quote for additional works, and a new installation date will be given once payment has been made. Please allow up to 10 working days for a new installation date.

14.5. Your local power network operator may require additional remedial works to be carried out before a Podpoint can be installed at your property. If this is the case, the network operator might provide a quote at additional cost for these additional works.

15. Partner Installers

15.1. We work with a network of Pod approved, trained and accredited third-party installers (“Partner Installers”) alongside our own in-house installation team.

15.2. In certain circumstances we may at our discretion refer your order to a Partner Installer so that they can carry out your installation. If we refer you to a Partner Installer after you have placed an order with us, the Partner Installer who receives your order may make contact to arrange an installation date with you, visit you to carry out the work and deliver your accessories (if they have not been sent via post).

15.3. In these cases your contract for the installation is with Pod (not the Partner Installer) and remains subject to these Terms. We remain responsible to you for the installation work carried out by the Partner Installer on our behalf.

16. Carbon Sync

16.1. All our Podpoints are supplied with a “Carbon Sync” capability. Carbon Sync allows us to briefly pause charging on instruction from official bodies (for example the National Grid) for the purposes of balancing or maintaining stability of the local or national electrical generation or distribution grid. Under normal circumstances, we do not expect Carbon Sync to have any material effect on charging, however, you agree that Carbon Sync may lead to pauses in charging from time to time.

17. Smart Charging

17.1. Every new Podpoint includes smart charging functionality as part of your Pod Drive subscription, whereby you agree to (as a default) let Pod automatically schedule charging during the cheapest and greenest periods possible rather than manually starting and stopping charging yourself (“Smart Charging” or “Smart Charge”). Section 6 sets out how that works to charge your EV and accrue Miles. You can always override Smart Charging by using the ‘Boost’ option on the App to charge your EV.

17.2. Once connected to Wi-Fi, the Podpoint will automatically receive over-the-air updates, meaning it continually benefits from the latest software updates available. Connecting your Podpoint to Wi-Fi will also allow you to see the energy used to charge each registered & plugged in EV via the App. The use of your Wi-Fi (and data allowance if any) for our Smart Charging features and any over-the-air updates are at your cost.

17.3. You confirm that by connecting your charger to Wi-Fi, you consent to your electricity usage, charging data and driving data being collected and used by us and provided in the App. All data or information collected from your charger shall be safeguarded and processed in accordance with our Privacy Notice here Privacy Notice | Pod Point . The App provides electricity usage data for information purposes only and should not be used as an electricity meter.

17.4. You will need sufficient Wi-Fi coverage in the location your Podpoint is installed. If your Wi-Fi coverage is not sufficient, any functionality that requires Wi-Fi may not work as intended or at all, for example, over-the-air updates may take a long time to complete or not complete at all, remote support diagnostics may not be possible and charging data may not be properly recorded in the App. In addition, if your Wi-Fi is insufficient your Pod Drive Miles will not accrue during any period of insufficient Wi-Fi coverage and we reserve the right to withdraw Miles from you following discovery of insufficient Wi-Fi to the extend that we are unable to Smart Charge using your Podpoint. If your Wi-Fi signal is not sufficient to connect your Podpoint, we will contact or discuss with you to try and get your Wi-Fi back on track. This could include Pod offering you a Wi-Fi extender and if applicable we will provide you with a ‘no-obligation’ quotation for the addition of a Wi-Fi extender.

18. Energy Clamp

18.1. Whilst Smart Charging comes as standard with every Podpoint, the energy clamp will help to unlock even more functionality. Our energy clamp has a power balancing feature that monitors your home energy consumption, and regulates your charging rate to prevent the overloading of your property’s electricity supply. The energy clamp is installed with every new Podpoint purchased via our online checkout. During your installation, the installer will simply attach the clamp around the electricity meter tails and wire it into the Podpoint.

18.2. Customers with solar power, detached garage installations and three-phase power supplies may experience limited energy clamp functionality which will be assessed on the day of installation.

18.3. Please note, any alterations to our charger or its installation after we have installed it may impact the charger’s functionality and/or invalidate your warranty. Please call our support team if you have any questions.

18.4. If your charger is installed on a secondary distribution board, the energy clamp will not be effective to protect your primary distribution board from overloading.

19. Do not open, move, modify, rewire, tamper or interfere with your Podpoint once it has been installed

19.1. You must ensure that an installed Podpoint is not opened, moved, modified, re-wired, or otherwise tampered or interfered with, without first referring to Pod’s latest technical guides and/or notifying Pod directly and complying with Pod’s recommendations. Please also see the Podpoint applicable Warranty terms which may be affected by such action being taken (see section 21 ‘Our warranty – repairs, maintenance and 48-hour Recharge’ below). If you have any concerns in relation to a Podpoint that has already been opened, moved, re-wired or otherwise has been tampered or interfered with, please notify Pod directly so that appropriate advice can be provided.

19.2. In the absence of any negligence or other breach of duty by Pod, Pod is not responsible for injury, loss or damage caused by the Podpoint being opened, moved, modified, re-wired or otherwise tampered or interfered with by the customer or a third party (and not by Pod or a Partner Installer).

19.3. Nothing in these Terms excludes or limits our responsibility for death or personal injury caused by our negligence (including our agents and subcontractors), fraud or fraudulent misrepresentation, or for our breach of any of your legal rights you have as a consumer (including the right to receive the products which are fit for purpose, as described and which are of satisfactory quality and the installation services provided with reasonable care and skill).

19.4. We are not responsible for any loss or damage caused if we fail to comply with these Terms, if there is a delay, or we are unable to provide the products and services to you, as a result of something beyond our reasonable control (for example, severe weather, accidents, pandemic or unpredictable traffic delays). We are also not responsible for any loss or damage if something was unavoidable despite us using reasonable care and skill to avoid it. This could include land ownership issues, listed buildings, power supply or existing wiring problems. You will not be able to claim for losses that resulted from circumstances that we could not or should not have been expected to know about.

20. Post-installation Onboarding

20.1. Once your Podpoint has been installed and commissioned by our installer (or by the installer from our Partner Installer), you agree to connect your Podpoint to your home Wi-Fi. You agree to provide our installer with access to your Wi-Fi to finalise your installation.

20.2. After your Podpoint has been installed, you may be prompted in the App to connect one or more EV to your Podpoint via a third-party provider called ‘Enode’. Access to Enode is included in the Pod Drive services and allows Pod to read your vehicle to know exactly how much electricity is needed to reach your target EV battery charge level. Where possible you agree to register any applicable EVs with Enode when prompted to in the App, although this is not a mandatory requirement for Pod Drive services to work with your EV (and your EV can still be Smart Charged without registering for Enode).

20.3. If your Podpoint is or will be connected to any domestic solar panels and/or home battery storage systems, your EV may still be charged via your Podpoint using electricity from either source but you recognise and accept that charging this way is not Smart Charging and will not contribute to your Miles under these Terms.

21. Our warranty – repairs, maintenance and 48-hour Recharge

21.1. Whilst you maintain a Pod Drive services subscription in accordance with these Terms, your Podpoint is covered by a comprehensive lifetime repair or replacement warranty (the “Warranty”) covering any faults arising due to Pod’s product or installation provided that we (or one of our Install Partners) installed the Podpoint. If you purchased the relevant Podpoint from, or had it installed by, an unconnected third party then our Warranty only applies in respect of problems with the product itself and does not cover problems arising from the installation. Please see the separate Warranty statement applicable to your Podpoint (the “Warranty Statement”) and the “What our warranty does not cover” section 22 below for more details on this.

21.2. The Warranty period commences on the date of the installation of the Podpoint and applies to Podpoints installed in the UK only. Any fault or other defect should be promptly reported to us via help.pod-point.com as soon as you become aware of it.

21.3. When reporting a fault, please quote the serial number, the date of installation and a brief description of the fault. The Pod technical team will carry out an assessment and will contact you to get further details and attempt to fix the fault remotely. If we deem it necessary, we will offer to you to arrange an engineer service visit at your home to repair or replace the Podpoint.

21.4. After this assessment, such engineer service visit will be offered to you to take place no later than 48 hours from the time at which the Pod technical team offer to arrange a service visit. If that service visit cannot be arranged or does not take place within 48 hours of it being offered solely due to Pod’s delay, then we agree to refund to you a cash recharge amount to enable you to charge your vehicle elsewhere for the days (or part days) outside that period when your Podpoint has not been repaired or replaced (the “Recharge” amount). That Recharge amount will, at our discretion, be the equivalent of your typical daily electricity charge via your Podpoint - measured as an average of your daily charge in the preceding 60 days, multiplied by the per kWh cost of a typical Pod ‘rapid’ (up to) 50kW public charger. This Recharge is capped up to the maximum value of £50 per day that we have not repaired or replaced your Podpoint in accordance with these Terms (although in practice we would expect the recharge to be less than that amount per day).

21.5. Once a service visit has been scheduled, you must provide us with at least 2 working days’ notice if you wish to reschedule it. To reschedule your service visit, please contact us at the details provided above. If you do not give us at least 2 working days’ notice or if nobody is present to provide access on the date of our service visit, you will not be entitled to any Recharge payments and we may charge you an additional fee in accordance with our “Schedule of Additional Charges” below. In addition, such Recharge payments will not be due to you where the service repair does not take place due to circumstances beyond our control, such as a force majeure event or something caused by a third party for whom we are not responsible.

21.6. We reserve the right to decide whether to repair or replace the Podpoint or any faulty parts or installation (using either new or reconditioned parts or equipment). Alternatively, we may replace the Podpoint with one that is of the same or later version.

21.7. You have statutory rights in relation to the Podpoint and Pod Drive services and those rights are not affected by this warranty.

22. What our warranty does not cover

22.1. Our Warranty does not apply in those circumstances set out in our Warranty Statement. This includes in respect of normal ageing, accidental damage and wear-and-tear (e.g. discoloration, normal corrosion/ oxidation) or faults arising from abnormal usage or environmental conditions (such as extreme adverse weather, fire, wind or water damage or other natural disasters).

22.2. The Warranty for your Podpoint will be void if the circumstances set out in the Warranty Statement take place. These include if your Podpoint is opened, moved, modified, tampered with or any repair is attempted by anyone other than a Pod authorised electrician or Partner Installer, is used in a manner that is not in accordance with our relevant user guide or other user or installation instructions issued by us including via our App.

22.3. Faulty chargers being repaired or replaced by us may be returned to our laboratory for assessment. If the fault is found to have arisen due to any reason for which our Warranty does not apply, we reserve the right to recover the costs of the repair or replacement from you.

22.4. If you believe the fault is with the product, please ensure the Podpoint is connected to Wi-Fi to allow us to run remote diagnostic tests to confirm the nature of the fault and contact us using the details provided above.

23. Responsibility for loss and damage to the Podpoint

23.1. After the Podpoint is installed at your property, you are responsible for any loss or damage to it to the extent it is not covered by our Warranty

24. Our responsibility to you

24.1. We are responsible to you for any direct and foreseeable loss and damage which we cause if we breach these Terms or we are negligent.

24.2. We are not responsible to you for: any loss or damage not caused by our breach or negligence; or loss of profits, loss of use, lost business, wages or missed opportunities; or for any loss or damage that is not a direct result of something we did (or failed to do) and/or was not reasonably foreseeable at the time these Terms were agreed by you. Nothing in these Terms limits our liability for death or personal injury or fraud or anything else that cannot be limited by law.

24.3. To be clear, we are also not responsible to you for:

• Any loss suffered due to circumstances beyond our control, such as a force majeure event or caused by a third party for whom we are not responsible;
• Any loss, damage or injury suffered as a result of someone that is not directly authorised by us opening, moving, modifying, rewiring, tampering or interfering with and/or repairing or attempting to repair your Podpoint;
• The installation of, or any services provided in relation to, any Podpoint by someone that is not directly authorised by us.
• Any loss or damage to other electrical appliances in your home due to the installation of your charger such as from switching off or switching on the power during installation or service, or inadequate wiring installation in your home;
• Any loss of use, or corruption of, software, data or information;
• Any loss suffered as a result of incorrect instructions or information that you have provided to us relating to your installation;
• Any loss suffered due to an aborted installation where it is not safe or practical to proceed with the installation; or
• For any loss suffered if the installation is delayed or cannot be performed because you fail to make the location available to us, or prepare the location as required in order for us to perform the installation.
  
  

25. What happens if you breach this agreement?

25.1. Through your actions you could breach these Terms/this agreement in a number of ways, including by (among other things):

• Failing repeatedly and/or consistently to ensure your Podpoint remains connected to the internet via Wi-Fi;
• Failing to remain eligible for Pod Drive as described in the ‘Eligibility’ section 5.1 above; and/or
• If you hire your Podpoint through a hire agreement with Pod, failing to perform your obligations under that hire agreement and/or ending your hire agreement or causing Pod to (at our discretion) end the relevant hire agreement through your actions, for example by not paying your hire payments; and
• failing to continue to pay any amounts you have agreed to pay to Pod including under any separate hire agreement.
  
  

25.2. If you do breach these Terms/this agreement, we will contact you to try and get you back on track. This might include attempting in good faith to agree alternative payment arrangements if you face financial difficulties, as set out in the terms of any relevant hire agreement.

25.3. If in our opinion you materially or repeatedly breach these Terms/this agreement and that breach cannot be remedied through discussions with you, we reserve the right to do any or all of the following:

• suspend or withdraw the Warranty connected with your Podpoint, including suspending our obligations to fix any faulty Podpoint within 48 hours and the payment of any Recharge amounts;
• suspend or cancel your entitlement to earn Miles from that point and/or withdraw at our discretion any or all Miles allowance accrued by you prior to your breach;
• suspend or withdraw all Pod Drive services, including access to our App to control your Podpoint and to Smart Charge any EV; and/or
• suspend or withdraw your Podpoint’s ability to charge EVs entirely.
  
  

26. Other legal stuff

26.1. We may transfer, subcontract, assign or novate any or all of our rights (including the right to recover payments under our contract with you) or obligations under this contract to someone else without your consent. This will not affect your rights under these Terms or under our warranty.

26.2. You may not transfer our contract with you or your rights under it without first getting our written consent.

26.3. If you breach these Terms and we do nothing or delay taking action, we will still be entitled to take action to enforce this breach or a similar or subsequent breach of the contract with you.

26.4. Each of the paragraphs in these Terms operate separately. If any of these Terms are held invalid or unenforceable for any reason, the remainder of the Terms shall continue in full force and effect.

26.5. These Terms will always be available on our App and on our website. Pod Point may change these Terms at any time in future and will let you know about any changes by email or a notification in our App. We can make proportionate changes for one or more of the following reasons:

• To reflect updates to functionality, security, options or services provided by us or your charger;
• To reflect changes to third-party terms and conditions that apply to us or our website or mobile app;
• To reflect changes to any requirements of local power network operators and their conditions;
• To respond to requirements placed on us by a competent authority, including any local authority or council; or
• To reflect changes in any relevant laws or regulations or industry codes of practice.
  
  

26.6. If we make changes that are clearly in your favour, we will tell you once we have made them. Otherwise, we will give you reasonable notice and tell you our reasons in the most secure way, using one of our usual channels.

27. If something goes wrong – summary of your legal rights

27.1. The Consumer Rights Act 2015 provides you with certain legal rights in relation to the provision of the products and services. We are under a legal duty to supply products and services that are in conformity with our contract with you.

27.2. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office, visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

27.3. If there is a problem with any products or services you have purchased from us, please contact us as soon as is reasonably possible to allow us a reasonable opportunity to repair or fix any problems.

27.4. If you use an installer other than one of our in-house installers or authorised Partner Installers to repair, move or otherwise interfere with the Podpoint, we will not be responsible for any faulty works undertaken, or damage caused by them.

28. Complaints and Applicable Law

28.1. If you are unhappy with us, or the products and services we have provided to you, please contact us at help.pod-point.com, we will deal with your complaint in accordance with our Complaints Handling Policy which can be viewed here: Pod Point Complaints Policy here.

28.2. English law applies to these Terms and conditions and any disputes or claims will be settled by the courts of England or Wales. If you live in Scotland or Northern Ireland, you can choose to bring a claim in the courts of England and Wales, or the courts of another part of the UK in which you live.

Model Cancellation Form

(Complete and return this form if you wish to cancel your order under the cooling off period as set out above)

Model Cancellation form

To: Pod Point Limited, 222 Gray’s Inn Road, London WC1X 8HB

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]/the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

Schedule of Additional Charges

Situation	Charge
Cancellation/ re-arranging installation date with less than 2 working days’ notice	£50
Customer not present at installation address or we cannot gain access on date of installation due to no fault of our own	£50
Failure to schedule your installation within 3 months of order confirmation	Increase to installation cost at current rates
Cancellation following failure to schedule your installation within 3 months of order confirmation	£50 plus any exceptional costs properly incurred
Non-standard installation requiring additional works	As per quote
Cancellation/ rearranging maintenance service visit with less than 2 working days’ notice	£100
Customer not present at address or we cannot gain access on date of maintenance service visit due to no fault of our own	£100

As referred to above, we have set out below a list of the situations in which additional charges may be applied in addition to the price you paid when you ordered our product: