Terms and Conditions

Terms and Conditions



Terms and Conditions
General Terms and Conditions

Company: Hall Power Ltd. trading as ePower (“ePower”, “we”, “us”, “our”) 

Registered Office: 1 Technology House, Rockgrove Industrial Estate, Little Island, Cork T45 CC03 

Email: admin@ePower.ie 

  1. Definitions 

“Contract” means the contractual arrangement between ePower and the Customer created in accordance with Condition 3.2 of these Terms for the supply of Equipment and/or Services by ePower to the Customer. 

“Customer” means the person or entity, private individual or business purchasing products or services from ePower. 

“Equipment” means EV chargers, solar panels, inverters, batteries, firmware, software applications, and associated components and any other items provided by ePower under the Contract. 

“Invoice” means an invoice issued by ePower upon receipt of an Order and payment of the relevant Price. 

“Order” means an order by the Customer for the Equipment and/or Services. 

“Quotation” means a quotation issued by ePower to the Customer in respect of Equipment and/or Services to be purchased by the Customer. 

“Services” means installation, commissioning, support, maintenance, and related services provided by ePower under the Contract. 

“Supplier” means any third-party manufacturer or distributor from whom ePower sources Equipment including (but not limited to) MyEnergy, Ohme, Circontrol, Autel and others. 

“Site” means the property where Equipment is delivered and/or installed. 

  1. Scope and Application 

  1. These Terms apply to and form part of all Quotations, Orders, and Contracts for Equipment and Services provided by ePower in Ireland and Northern Ireland. 

  1. Any other terms whether proposed by the Customer or otherwise are excluded unless expressly agreed in writing by ePower. 

  1. By placing an Order, the Customer accepts and agrees to be bound by these Terms. 

  1. Quotations, Orders and Contract 

  1. All Quotations issued by ePower are valid for the period stated in the Quotation. 

  1. The Customer’s Order, whether based upon a Quotation or otherwise shall constitute an offer by the Customer to enter a Contract to purchase the Equipment and/or Services subject to these Terms.  No offer made by the Customer shall be accepted by ePower other than by issue of an Invoice by ePower confirming receipt of payment of the price payable for the Equipment and/or Services in accordance with the Quotation or (if earlier) commencing supply or installation, whereupon a Contract, subject to and in accordance with these Terms shall be formed. 

  1. All prices are subject to correction in case of typographical errors or changes in Supplier or other pricing prior to formation of the Contract. 

  1. ePower reserves the right to refuse or cancel any Order and/or to terminate any Contract where supply or installation is deemed by them to be impracticable or unsafe. 

  1. Supply of Equipment 

  1. Ownership of Equipment shall not pass to the Customer until ePower has received payment in full of all amounts due to it by the Customer.  Until then ePower shall have the right to enter onto the Customer’s premises to repossess the Equipment. 

  1. Notwithstanding Condition 4.1, risk in the Equipment passes to the Customer upon delivery to the Site. 

  1. Delivery and installation dates are estimates only.  ePower is not liable for delays or non-delivery due to Supplier issues, transport, weather, force majeure or otherwise. 

  1. The Customer must inspect the Equipment upon delivery and notify ePower immediately in writing of any visible damage or defect. 

  1. Installation and Commissioning 

  1. Where installation is included, ePower (or its approved subcontractors) will, subject to compliance by the Customer with its obligations under these Terms, (including in particular those in Condition 7) perform all installation work in compliance with relevant and applicable regulations and standards. 

  1. Any additional works required beyond those agreed (e.g. additional cabling, civil works, upgrades to the electrical supply) will be quoted for separately and (i) shall be subject to the terms of such further Quotation as is issued by ePower and (ii) will require written confirmation of acceptance by the Customer before they can proceed. 

  1. Upon completion of installation, ePower will test and commission the installation and provide such relevant documentation as may be required in accordance with local regulations and grant requirements. 

  1. Subcontractors 

  1. ePower may engage subcontractors to carry out all or part of the installation or support work. 

  1. Without prejudice to Condition 7, the Customer shall provide whatever access and information may be required to allow such subcontractors to undertake their work. 

  1. Customer Responsibilities 

  1. The Customer must: 

  1. Provide accurate information regarding the Site, including electrical supply details and accessibility. 

  1. Ensure safe access, appropriate Site conditions and a suitable working environment. 

  1. Obtain any relevant consents, licences, approvals and permits, including any required planning or utility approvals. 

  1. Use the Equipment in accordance with manufacturer, installer and ePower instructions. 

  1. The Customer shall not modify, tamper with, or repair the Equipment or installation works without prior written consent from ePower.  Such actions are likely to void any applicable warranties. 

  1. Price and Payment 

  1. Prices are as set out in the relevant Quotation and Invoice and include VAT where stated. 

  1. Payment terms are as per the Quotation and Invoice issued by ePower. 

  1. ePower reserves the right to suspend work or delivery if payment terms are not met. 

  1. Interest shall be charged on overdue amounts at the rate of 10 % per annum until payment is made. 

  1. Cancellation Policy 

  1. The Customer may cancel an order up to five (5) working days before the scheduled installation date without penalty. 

  1. Cancellations within five (5) working days of installation may incur reasonable costs for materials, scheduling, or labour already committed. 

  1. Where the Customer is a “consumer” under consumer laws the Customer shall have such rights as are applicable under these laws, including  a 14-day cooling-off period from order confirmation if the Contract constitutes a “distance” contract, unless installation is expressly agreed to begin sooner. 

  1. Warranty and Support 

  1. All Equipment is supplied with the manufacturer’s warranty, unless otherwise stated in writing.  Details of any applicable warranty shall be provided to the Customer and the Customer must comply with any conditions of the warranty. 

  1. While ePower will not be responsible for the manufacturer’s warranty, ePower will provide first-line (“L1”) support to assist Customers in diagnosing and resolving issues in coordination with the manufacturer and any warranty claims made should be copied to ePower at support@ePower.ie , providing details of the issue and proof of purchase. 

  1. Where the Equipment includes any software, such software is subject to modification and upgrade and ePower shall not be liable for any changes that occur in relation to the software and/or Equipment as a result. 

  1. Additional Services may be provided by ePower at applicable rates, including call-out, labour, and parts costs. 

  1. Without prejudice to any specific terms of the warranty, neither the manufacturer nor ePower shall be responsible (whether under warranty or otherwise) for any defects caused by improper use, damage, unauthorized modifications, external electrical faults, acts of nature, accident, or negligence. 

  1. Limitation of Liability 

  1. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be excluded by law. 

  1. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.  

  1.  ePower shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill, loss of data or otherwise in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever (and howsoever caused) which arises out of or in connection with the Contract, the Equipment or the Services.  Without prejudice to the foregoing, to the fullest extent permitted by law, ePower is not liable for delays due to Supplier or utility company actions; or damage caused by third-party interference. 

  1. ePower’s total liability in contract, tort, (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the Equipment, the Services or the performance or contemplated performance of the Contract shall be limited to the total amount paid by the Customer for the relevant Equipment and/or Services. 

  1. Intellectual Property 

  1. All intellectual property rights in software, firmware, documentation, and system designs remain with the manufacturer or ePower. 

  1. The Customer is granted a limited, non-exclusive licence to use any software only for operating the Equipment. 

  1. The Customer may not reverse-engineer or modify firmware except as expressly permitted by law. 

  1. Force Majeure 

  1. ePower shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to extreme weather, Supplier delays, strikes, pandemics, or government actions. 

  1. Termination 

  1. ePower may terminate the Contract immediately if the Customer fails to make any payment when due, prevents or obstructs installation or service or breaches any of its obligations under these Terms.  On termination, all unpaid sums for work completed or Equipment supplied become immediately due and payable by the Customer. 

  1. Dispute Resolution and Governing Law 

  1. ePower and the Customer will attempt to resolve disputes amicably.  If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of Ireland and these Terms and the Contact shall be governed by and construed in accordance with the laws of Ireland. 

  1. Notices 

  1. All notices to ePower shall be in writing and sent by email to admin@ePower.ie or by post to the registered address above. 

  1. Severability and Entire Agreement 

  1. If any provision of these Terms or the Contract between the Customer and ePower is held invalid or unenforceable, it shall not affect the validity of the remaining Terms or provisions of the Contract . 

  1. These Terms, together with any associated Quotation or Invoice, constitute the entire agreement between ePower and the Customer. 

  1. Data Protection 

18.1 Customers should refer to ePower’s Privacy Policy at: https://www.epower.ie/privacy-policy/  

ePower Subscription Terms and Conditions

  1. Hall Power Limited Terms and Conditions: Subscription for charging electric vehicles Valid as of 9th May 2019

     

    Trading as ePower, Hall Power Limited offers electric vehicle charging equipment and expert services related to charging electric vehicles, as well as invoicing solutions and charging services.

     

    These terms and conditions regulate the relationship between Hall Power Limited and the motorist (hereinafter "the Customer") who is connected to the Hall Power Limited payment system (hereinafter "the Service"). “Customer” refers to both legal and natural persons. These conditions shall not apply to cases where they limit the Customer's rights as defined in mandatory legal provisions.

     

    Hall Power Limited reserves the right to freely assess the ePower application. The Customer may use the charging service for electric vehicles and other ancillary services of Hall Power Limited and its partners.

     

    1. Connection to the Service

     

    The connection to the Service occurs via text message, an RFID card, or a mobile application. In addition to these terms and conditions, all data will be handled in accordance to the UK Data Protection Act (1998).

     

    2. Cancellation of the Service

     

    In their capacity as a consumer, Customers have the right to give notice to terminate the agreement within 14 days from the conclusion of the agreement without specifying a reason. In the case of Customers who have ordered an RFID card, the agreement arises when these Customers have registered themselves as subscribers for the card. The cancellation period is considered to be complied with if the Customer sends the cancellation notification before the end of the cancellation period. To exercise their right to cancel, the Customer shall notify Hall Power Limited of their decision.

     

    To exercise their right to cancel, the Customer must send to Hall Power Limited their name, telephone number, and e-mail address, together with an unambiguous statement detailing the decision to cancel.

     

    The Customer may deliver the service cancellation form or other free‐format form electronically to support@epower.ie, or by telephone to our customer service, tel. +35319029800

     

    3. Payment via the ePower Charging System

     

    To receive the right to use the Service, the Customer shall authenticate themselves either via text message, an RFID or the mobile application. Using the Service via an RFID or the mobile application requires registration to the Service by the Customer. Such registration requires the Customer to provide personal information to Hall Power Limited, such as email address, and to select a password for their account.

     

    Additional personal information might be required to be provided by the Customer after registration, subject to ancillary services requested by the Customer, such as name and address details for being able to receive an RFID card, and payment information for the chosen payment method for being able to create a valid invoicing relationship between Hall Power Limited and the Customer and to purchase charging services through the Service.

     

    It is the Customer's responsibility to ensure that the user information is always correctly registered in the ePower EV app. After registration, the Customer will be requested to login to the ePower EV app to check that the registered information is correct and valid. Hall Power Limited is not responsible for incorrectly input data during registration, regardless of the registration method.

     

    By accepting the terms and conditions upon registration to the Service, the Customer accepts that Hall Power Limited will debit the charging fee, including applicable taxes and service charges.

     

    The final charging fee, which is based on the time of charging or the amount charged and the predetermined price notified to the Customer before charging, will be calculated once the charging is completed and debited immediately. Charging is completed either by the system according to the Customer's instructions when charging is begun or extended, or by the Customer at any time. ePower EV can only be used with chargers at charging stations connected to the networks of Hall Power Limited or its partners. The chargers are listed on the ePower EV app.

     

    4. The Customer's obligations and commitments

     

    It is the Customer's responsibility to ensure that charging begins and is completed correctly. To ensure that the charging has begun, the Customer shall refer to the information visible on the charger. Charging via an RFID card begins when the Customer has connected the vehicle to the charging station for charging according to the instructions after the RFID identification. It is the Customer's responsibility to ensure that the vehicle has the right conditions to charge at the charging station.

     

    Any disputes regarding parking tickets shall be handled between the Customer and the relevant police officer, parking company or municipality. Hall Power Limited shall remain neutral in these disputes and provide assistance to both parties.

     

    It is the Customer's responsibility to ensure that the registered debit card or credit card is valid, that it has a sufficient balance and is not blocked.

     

    5. Product prices

     

    Hall Power Limited offers its Customers different charging services with varying features and prices.

     

    The specific terms and conditions referred to in these terms and conditions may only concern specific charging services.

     

    The basic price of the charging service is available at the charging stations. The service price may also be Customer‐specific, in which case minute‐based or kilowatt‐hour-based pricing is observed

     

    The currently valid price list is available on the ePower EV app and it may also be requested from the customer service of Hall Power Limited. Hall Power Limited reserves the right to change its pricing from time to time. Any changes will be published on the ePower EV app well in advance.

     

    6. General terms and conditions

     

    Information on Customers' purchase transactions is visible in real time on their ePower accounts, which may be viewed on the ePower EV app. The period-specific reports of the account may be read and printed at any time, and Hall Power Limited retains the charging information for at least 12 months.

     

    ● Responsibility for the personal password

     

    When the Customer registers for the Service, they provide their email address and a chosen password for logging into their account. Hall Power Limited then sends the Customer a one-time registration token by email for confirming the account. The Customer is, for their part, responsible for keeping the password secure, for not writing the password down so that third parties can understand what it is used for, and for not using the password in a way that allows others to gain access to the information.

     

    The Customer shall immediately notify the customer service of Hall Power Limited (tel.+35319029800) if there is any reason to believe that unauthorised persons have gained access to or knowledge of the password.

     

    ● Unauthorised use of the Service

     

    The Customer is responsible for any unauthorised use of the Service under their control. The Customer is obligated to immediately or as soon as possible notify Hall Power Limited if they believe that their account has been used by an unauthorised person or in an unauthorised manner. The best way to minimise any costs incurred by such misuse is to call our customer service (tel. +35319029800) as soon as possible.

     

    If the ePower card is lost or stolen, the Customer shall immediately (within two (2) days of becoming aware of the loss or theft of the tag) contact the customer service of Hall Power Limited, tel. +35319029800. If the Customer does not give notification of the loss or theft of the ePower RFID tag within the aforementioned time limit, they shall be responsible for any reported purchase transactions in full. 

     

    The customer must pay a fee of €10 plus VAT to receive a new card in the event their card is lost or stolen.

     

    ● Complaints and investigation of an ePower purchase transaction

     

    A Customer wishing to submit a complaint shall notify Hall Power Limited within 60 days of the date on which the purchase transaction in question became available on their online account in the ePower EV app. The complaint shall clearly indicate the type of error. If this is not done correctly, the Customer will lose their right to invoke the error, apart from exceptions due to mandatory legislation. When a Customer submits a complaint, Hall Power Limited shall carry out a technical investigation. Complaints regarding incorrect charging costs are processed and determined by Hall Power Limited. If a complaint is accepted, Hall Power Limited shall compensate the Customer for the amount without delay. If the complaint is rejected, Hall Power Limited shall inform the Customer of the result of the investigation of the complaint and justify the position of Hall Power Limited.

     

    ● Changes to the Services or terms and conditions

     

    Both parties are aware that the mobile payments sector is rapidly developing. Hall Power Limited therefore reserves the right to modify these terms and conditions to adapt the operation of the ePower charging system or the terms and conditions to new technologies, new phones, appropriate technical or administrative procedures, or new procedures for information security. The Customer shall be informed of such changes with 30 days' notice on the ePower EV app.

     

    ● Termination of membership

     

    The Customer may terminate their membership with one (1) month's period of notice, effective from the end of the current subscription period. The notice of termination shall be sent by e-mail to support@epower.ie or by contacting the customer service of ePower on +35319029800. Hall Power Limited has the right to give notice to terminate this agreement if, having received a reminder, the Customer has not within a reasonable period remedied the situation in the following cases: The Customer does not meet their payment obligations The Customer uses the Service contrary to this agreement or to the obligations they have towards Hall Power Limited. Hall Power Limited has cause to suspect that the Service is being misused.

     

    It is the Customer's responsibility to terminate the membership if the Service is not intended to be used, if the vehicle is sold or temporarily out of use, etc.

     

    7. Processing of personal data

     

    Hall Power Limited will only collect personal data which is required to provide the service to the user in an efficient and customer friendly way. The number of data points collected upon registration is minimized. Data is only collected if the user uses a specific feature which requires that data collection. Examples include credit card details to allow payments, address information for sending our RFID keys, and so on.

     

    Personal data may be processed for providing information and services Customers need, related to, for example, marketing and the development and follow-up of sales and products. Hall Power Limited may disclose names or e-mail addresses to external parties that manage the contractual obligations of Hall Power Limited related to the ePower Service on behalf of it, such as to service providers or product distributors to meet customer demand. These parties offer information or products in which the Customer has expressed interest on our behalf.

     

    All personal data has a clearly defined retention period in the system. If a user has not been active during a certain period, the system will automatically consider that user's account to be inactive. The user will be notified of this change of account status. If the account is not re-activated by the user, either by logging into the app or using another identifier to access one of Hall Power Limited’s chargers, the user account will automatically be terminated. The user will be forgotten, and all their data will be deleted or anonymized. This is to ensure that users who may have registered but forgotten that they did so is not required to take any action to have their account deleted, if the account remains inactive for a sufficiently long period.

     

    8. Liability and limitation of liability of Hall Power Limited

     

    The different charging services offered by Hall Power Limited may have separate warranty conditions. In addition to the seller's product warranty stated in the product-specific warranty conditions, the Consumer Protection Act and other mandatory legal provisions shall apply to the liability for defects of Hall Power Limited.

    1. Hall Power Limited is not responsible for damage or loss if:
    2. The mobile phone network or related functions are not working 
    3. The mobile phone telephone operator has changed its telephone service so that payment via the ePower EV app is no longer possible. ·
    4. the Service has been suspended for reasons which prove to be incorrect, but Hall Power Limited had, at the time of suspension, reason to believe that there were grounds for action 
    5. An ePower card is lost or stolen and misused by another person

     

    Hall Power Limited is not responsible for the Customer parking their vehicle in accordance with the law and regulations laid down by a partner company or municipality. Hall Power Limited is not responsible for damage or loss caused by a legal provision, official action, war, sabotage, failure or delay in delivery, telephone connections or other traffic and communications connections and transportation, strike, boycott, or other similar circumstances beyond the control of Hall Power Limited. The proviso regarding strike, boycott and blockade also applies if Hall Power Limited is the subject of the said actions.

     

    Any damage or loss that occurs in other circumstances will not be reimbursed by Hall Power Limited. Hall Power Limited is not responsible in relation to the Customer for indirect damage, such as loss of income or damage to the relationship between the Customer and third parties, except if the loss is caused by negligence on the part of Hall Power Limited, and never exceeding what the Customer is entitled to under mandatory legislation.

     

    9. ePower eVeryday 

    1. Extended warranty available to all domestic customers who purchase a home charger from ePower after ePower eVeryday app sign up. *Extended warranty is only available to home chargers which are supplied and installed by ePower.*
    2. Customer must be a continuous, active member of ePower eVeryday for a minimum of 32 months after their day of installation to make a claim in year four of extended warranty.
    3. Customer must be an active member of ePower eVeryday when making a claim within the extended warranty period.
    4. Customer must be an active member of ePower eVeryday to be eligible to enter the monthly draws for public charging credit.
    5. Customer must be an active member of ePower eVeryday to avail of priority call service with our technical department. 
    6. Prizes are non-transferable and cannot be redeemed for cash or any other form of compensation.
    7. Discount rates available are published on the ePower app. 
    8. ePower eVeryday subscribers can view discounted rates on the app. They may also be requested from the customer service team Hall Power Limited. Hall Power Limited reserves the right to change pricing / charging rates. Any changes will be published on the ePower EV app.
    9. Free charging credit is available in year one and subject to continuous active membership of ePower eVeryday.
    10. 12 month minimum subscription term.
    11. If this agreement is terminated prior to its end date, the customer shall be subject to an early termination fee of €25.00