Terms and Conditions

The Terms of Use apply to all products & services sold online, offline or other processes/channels like bids.

  • By purchasing an EV charging station, the customer automatically understands & agrees to subscribe to chargepoint operations service unless stated explicitly in the offer/quote/invoice.
  • In the event of the customer not signing a specific agreement, then the terms of contract remain valid until the termination of the charge point management service (due to unpaid CPO service fee) & payment of penalty where applicable
  • For product related refund and order cancellation, please refer to refund & returns.

Charge point operations service (CPO) scope

  • CPO shall arrange the deployment of qualified and suitable manpower and required necessary tools, logistics, spares & consumables during installation, commissioning and O&M of the EV charging station at Identified Sites (at the cost of the customer)
  • The CPO shall procure and obtain all applicable statutory approvals/ permissions from the respective authorities for the Public Charging Stations.
  • CPO will provide Operational & Maintenance (O&M) service that includes preliminary fault detection, coordination & resolution of Hardware faults with the manufacturer and remote support for both site owners and the EV driver. CPO shall provide a ticket number for each issue reported by the Site Owner. CPO shall make the best endeavor to resolve the case at the earliest possible time.
  • As part of O&M activities, CPO may update the firmware of the EV charging station as and when it is made available.
  • CPO will conduct a site survey for the Installation of the charging station and facilitate a quote for the cost of electrical Installation & any civil works if applicable.
  • CPO will engage with one or more Mobility service provider (s) to provide access to the EV charging station for EV drivers via the software platform using mobile apps, codes or RFID technologies.
  • CPO shall provide a “Charge detail record” monthly based on electricity consumption and usage of the identified sites.
  • The payments made by the CPO to the Site Owner shall be based on electricity consumption and usage of the Identified Sites. The details of the payments are set out in specific agreements. The revenue share payment to the Site Owner is based on the consumption and usage of the EV Charging Station. Payments will also include any deductions / outstanding amount in favour of either party to issue or recover late payments.
  • CPO shall aim to fulfil government regulations, policies, and local laws as applicable directly or indirectly (by responsibilities) as and when made aware, warranting any modifications or removal of part of the whole service(s) to the services described in this Agreement.

Responsibility of the Site Owner

  • The Site Owner shall be responsible for providing the usage of and ingress and egress to the Identified Site where the EV Charging Station shall be installed and operated.
  • Ensuring the deployment, implementation of the electrical infrastructure and ensuring the electricity connection that supplies power to the EV Charging Station is installed and working properly shall be the responsibility of the Site Owner.
  • Ensure installation is located safe, accessible and available at any point in time to be used (without physical access restrictions or power availability restrictions).
  • Ensure the EV drivers can use the charge station at any point in time without restriction to time.
  • Ensure that, the Operations instructions are visible & accessible to the EV driver.
  • The fire extinguisher should be available at the premises at any point in time that is not expired.
  • In the event, any faults, damage or loss to the EV Charging Station is observed by or brought to the notice of the Site Owner due to activities including but not limited to theft or technical fault, the Site Owner shall promptly inform the CPO.
  • Allow technicians to use the location for repairs or faults to be addressed, including electrical connections.
  • The Site Owner agrees to ensure to provide safe and secure environment to install and operate the System.
  • Bearing the full cost of the EV Charging Station and the electricity connection and infrastructure required to run the EV Charging Station.
  • Accountable to obtain and cover insurance for the theft, property & accidents pertaining to the Identified Sites and the EV Charging Station.
  • Entering into an Annual Maintenance Contract (AMC) for the maintenance of the EV Charging Station and covering all expenses and costs to ensure that the AMC remains valid and is periodically renewed.
  • To ensure that the brand names and marks that are affixed on the EV Charging Station are valid and do not infringe any third property intellectual property rights.
  • In consideration of the Site Owner’s cost for electricity consumed during EV charging sessions and leasing of the EV charging station, CPO shall pay a revenue share to the Site Owner as per specific agreement. In consideration of this revenue share, there is no other revenue owed to the Site Owner apart from the revenue share described in the specific agreement (if applicable).
  • Site Owner agrees not to collect payment from EV drivers on behalf of CPO unless agreed in writing. Doing so will be considered a breach of this Agreement.
  • Site Owner agrees to issue an invoice based on CPO’s charge details record (CDR). The site owner will utilize a simplified, automated workflow (digitally) facilitated by CPO to confirm the CDR and generate an invoice to CPO. The site owner shall issue invoices within a maximum period of 3 months. Site Owner will raise concerns about the discrepancies of CDR, Invoices or payments within seven days to the CPO. In the event such concerns are not submitted within the stipulated period, these documents or payments shall be considered accepted by the Site Owner. In the event the Site Owner raises concern within the stipulated time; the Parties shall negotiate and determine the revised consideration.
  • Site Owner will raise concerns about the discrepancies of CDR, Invoices or payments within seven days to the CPO. In the event such concerns are not submitted within the stipulated period, these documents or payments shall be considered accepted by the Site Owner. In the event, the Site Owner raises concern within the stipulated time; the Parties shall negotiate and determine the revised consideration.
  • Considering the CPO providing the services to the Site Owner using the software services, the Site Owner shall pay the annual licensing fee.
  • In consideration of ensuring appropriate & reliable support to the Charge station Hardware, the Site owner shall pay for the annual Maintenance contract for the equipment
  • Considering the Site Owner`s cost for electricity consumed during EV charging sessions and leasing of the EV charging station, the CPO shall pay revenue share as agreed in the specific contract.
  • Site Owner understands and agrees that any non-payments of its fees as per agreements that is essential for the CPO to provide the service will be automatically adjusted against the revenue share that CPO shall pay to the Site Owner.
  • GST and other taxes are applicable as per taxation law.
  • Site Owner shall at all times and from time to time, at its own cost and expense, take out adequate and proper insurance during the continuance of this Agreement from a well-reputed insurance company against all risks, including third-party risk to persons and properties, fire and explosion risk and riot risks etc. covering the operation of the EV Charging Stations installed at Identified Sites

Indemnification

  • Each party (indemnifying party) agrees to indemnify, defend and hold the other party (indemnified party) harmless from and against:
  • Any third party claim(including intellectual property infringement claim), liability, obligation, loss, damage, deficiency, assessment, judgement, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any third party litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner solely attributable to any failure of the indemnifying Party to perform its obligations described hereunder, gross negligence or willful misconduct in the fulfilment of its obligations hereunder or for infringing the intellectual property rights of any third party. b.
  • Any claim, liability, obligation, loss, damage, deficiency, assessment, judgement, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any third party litigation, claim, action, suit proceeding or demand) of any kind or character arising from claims or sanctions or penalties imposed by any regulatory authority for failure by a Party or any of its respective officers, directors, employees, servants, subcontractors or agents to comply with any applicable laws, rules and regulations.
  • Site Owner agrees to indemnify, defend and hold CPO harmless against any claim, liability, obligation, loss, damage, deficiency, assessment, judgement, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any third party litigation, claim, action, suit proceeding or demand) by a Indemnifying Party (and /or any of its respective officers, directors, employees, servants, contractors, sub- contractors, consultants, third party service providers, representatives or agents) in the performance of its obligations under this Agreement on account of a) of any kind or character with respect to any damage to or loss of property of a third party arising out of acts or omissions b) access to or use of services c) violation of this Agreement or any terms of use of the services d) violation of the applicable law d) wrongful or negligible act or omission e) third party action or claim f) any duties, taxes and any other charge levied.
  • Under no circumstances shall the CPO be liable to the Site Owner in any amount for Special, Incidental, Consequential, or Indirect damages, Loss of Goodwill, Business profits, Work stoppage, or Exemplary or Punitive damages.
  • The Site Owner shall indemnify the CPO for any loss of revenue that may arise due to improper functioning or defect in the EV Charging Station.
  • The Site Owner shall indemnify the CPO against any theft of the EV Charging Station and/or associated property and/or any accidents resulting in personal injury or death, of any third party.
  • Neither Party shall be liable for any indirect, consequential or remote damages arising out of or in connection with this Agreement.
  • Site Owner agrees that this Agreement and services of Tecell form a part of the subject to any modifications or be removed

Term & Termination

  • This Agreement shall come into force from the Effective Date of this Agreement and remain in force during the ‘Term’ as defined under the Definitions above. The Term shall remain in place until terminated by either Party in accordance with the provision of this Agreement. The Agreement shall be further extended for a period as decided and agreed mutually in writing by the Parties or by merely paying the fees as part of AMCoO. The Agreement may be terminated/exited by the Parties prior to the scheduled validity period due to any one of the following reasons:
    • a. Any misrepresentation, breach or violation of the terms of this Agreement by eitherof the Parties.
    • b. If the Site Owner fails to provide the Charging Locations for locating the Charging Points at the identified Sites or CPO fails to install the charging Points at the identified Sites within a reasonable time as agreed mutually; and
    • c. CPO believes in its sole discretion that the Site Owner`s actions may cause legal liability for such itself, or for the CPO or are contrary to the use of services provided by CPO, including any owed fees by the Site Owner
    • d. With mutual consent of all the parties without assigning any reason.
  • Either party may terminate the Agreement by giving 30 days prior written notice.
  • Upon such early termination, CPO shall dismantle all the System, connections of Charging Points and duly return to the Site Owner, the Charging Points, System and equipment, along with the logos, trademarks and brand names shared to the CPO (if applicable). Henceforth the termination, Tecell will not be responsible for any service co-ordination of warranties.
  • Exception: Where the special price is accepted for the equipment, such purchases are subject to the customer subscribing to the Charge point operations service for the useful life of the equipment. Any termination of services for such purchases will attract a penalty/ compensation for recovering the costs borne by Tecell. In case you are unsure if your purchases is qualified as special price, please reach out to support@tecell.in
  • Any migration to a competitor is not included & the cost of such migration needs to be borne by the customer. Additionally all responsibilities have to be waived by the customer before migration in writing and sent at least four weeks in advance. Such takeover needs to be pre-approved by Tecell & the product manufacturer, and all dues, including any compensation, need to be paid off before the effective date.
  • Manufacturer warranty & AMC: Any unauthorised opening of the equipment will lead to the warranty & AMC being void. No compensation can be claimed whatsoever due to these actions by the customer or any other individuals/companies not authorized by Tecell