Charging Site Terms & Conditions
Updated: January 14, 2025
Version: 1.2
Introduction
These Charging Site Terms and Conditions (“STCs”) apply to all customers, vendors, contractors, subcontractors, representatives, agents, and all other visitors and invitees who visit or are on-site at a Charging Site and are designed to govern (1) the access and use of Voltera’s electric vehicle charging sites (each, a “Site”) and related physical infrastructure and services provided at the Sites (the “Services”), (2) ensure compliance with all relevant laws and regulations while at the Site, and (3) promote order and ease of movement at the Site. The STCs also apply to all users of Voltera’s Services at the Site and to all Equipment and personal property at the Site not made available by Voltera, including, electric vehicles (the “EVs”) and personal vehicles parking at the Site.
Voltera reserves the right to amend or modify these STCs from time to time, and the continued use of the Sites and Services after changes to the STCs are posted on Voltera’s website constitutes your acceptance of any amendments and/or modifications to these STCs.
Definitions
For purposes of these STCs, the following definitions shall apply:
“Charger” means an EV smart charger, including any software, firmware, or other programming contained within such charger, at a Site.
“Charging Stall” means a parking spot adjacent to a Charger which may be occupied by an EV for the purpose of receiving electricity from the Charger.
“Contract” means a written agreement between Voltera and a third party User.
“Customer” means a party who has entered into a Contract with Voltera for the provision of Services at a Site(s).
“Equipment” means all hardware, EVs, tools, or other property at the Site, not owned, controlled, or operated by Voltera.
“Services” means and refers collectively to the services provided by Voltera at such Site.
“User” means and refers to you, the user of the Services or the user, visitor, or invitee of a Site, whether you are a Customer, vendor, contractor, representative of Voltera, or if you are a customer, contractor, vendor, visitor, or invitee of one of those parties.
“Voltera” means and refers to Voltera Power, LLC and its subsidiaries and affiliates, as applicable.
Access & Security
All Users entering any Site must adhere to the terms set forth herein. Voltera reserves the right to refuse, suspend, or terminate access to any individual, person, or company who is in violation of these STCs or who Voltera reasonably believes will be in violation of these STCs.
Where the Site has access control systems, all Users accessing the Site must be previously approved and authorized to enter such Site and must comply with the security requirements at the Site. Users are responsible for taking reasonable security precautions while at the Site. By entering the Site, Users are consenting to reasonable search of themselves and their possessions. User access shall be promptly deactivated or suspended upon violation of these STCs or upon termination or expiration of the Contract between the relevant parties. All Users shall comply with the following:
• Users shall be responsible and liable for their guests’ conduct and actions while at the Site;
• Users are responsible for their Equipment and personal property while on the Site. Except for obligations expressly set for thin a Contract, Voltera assumes no liability for missing, lost, or stolen property of any User and Users agree not to hold Voltera, its employees, agents, contractors, subcontractors, and affiliate companies responsible for any claims arising out of missing, lost, or stolen property;
• No User may be intoxicated, or under the influence of drugs while at the Site;
• Users must carry government issued identification with them at all times while at the Site and may be requested to present such identification before accessing the Site. Falsifying or withholding one’s identity or refusing to reasonably cooperate with Voltera personnel is a violation of these STCs; and
• If any access badges or readers are provided toUsers, Users may not loan or share such badges or readers with a third party. Immediately report any stolen or lost badge or reader to Voltera.
Apart from equipment designed and installed for EV to Charger connections, no Voltera electrical or data network equipment may be operated or touched by Users unless otherwise authorized in writing by Voltera.Equipment markings providing notification that certain equipment is to only be accessed by Voltera authorized personnel are to be considered a reminder of this provision, with lack of markings not being an indication of authorized access.
Where applicable, access to the Main Distribution Frame Facility (“MDF”) is permitted where User is a Customer and the space has been dedicated to Customer under a Contract, or where User is providing services to Customer or Voltera in such space. If the MDF is shared, User may only access the Customer dedicated portion of the MDF.
All Sites are under 24-hour closed circuit TV camera surveillance. By accessing or using the Site, User agrees that User will be recorded and videos may be used for investigative purposes. For more information on Voltera’s collection and use of personal information, please visit Voltera’s Privacy Policy.
Your Use of the Site
Prohibited Items
Users will not bring any of the following (“ProhibitedItems”) to the Site:
• Tobacco and marijuana products, including, but not limited to, e-Cigs and vaping products;
• Illegal drugs;
• Pets or other animals;
• All food and beverages are strictly prohibited near Chargers and Charging Stalls, or in any electrical equipment areas, the MDF, or other mechanical, technical, electrical, or telco areas (the “Critical Infrastructure”);
• Chemicals, explosives, radioactive, solvents, cleaners, paints, or flammable materials, or any other hazardous materials, except in quantities allowable by law and solely as necessary for purposes of operating and maintaining (where permissible under aContract) EVs at the Site or providing services at the Site, and then only in amounts and quantities as permitted by law;
• Guns of any kind, ammunition, fireworks, pepper spray, mace, or weapons of any kind (except for on-duty law enforcement, or security personnel who have specific, advance, written authorization from Voltera to carry designated weapons);
• Any other item that, Voltera deems, in its sole discretion, to be prohibited for safety or health reasons.
Prohibited Activities
Users will not do any of the following (“ProhibitedActivities”) while at the Site:
• Use the Site for a purpose other than (i) using the Charger andCharging Stalls pursuant to the Contract (inclusive of all services contemplated there in), (ii) parking, operating, cleaning, servicing or otherwise maintaining EVs, as and if permitted under the Customer Agreement, or (iii) providing services to a Customer or Voltera as permitted under the Contract.
• Park personal vehicles other than in connection with and as necessary to effectuate their job at the Site pursuant to the Contract and per the Personal Vehicles Section below.
• Use a Charging Stall unless actively charging or unless otherwise permitted under the Contract.
• Use the Site in excess of the restrictions set forth in the Contract.
• Smoke or vape.
• Place, empty, or throwaway rubbish, litter, trash, or material of any nature in any common areas or other areas not otherwise designated as trash disposal areas and place trash inappropriate receptacles. Users shall make a concerted effort to keep all such areas clean and neat at all times.
• Place any signage, banners, or logos on or at the Site without Voltera’s prior written approval.
• Violate any laws, government rules or regulations, or engage in any criminal activity while at the Site, use the Site for illegal purposes, in violation of any applicable laws or regulations, nor engage in any illegal activity while at the Site.
• Do or permit others todo anything which would unreasonably annoy or interfere with other Users’ rights within the Site, including, but not limited to, parking areas, charging areas, administrative spaces, loading areas, or common areas of the Site.
• Loiter in or about the Site or intentionally obstruct any of the parking, vehicle maneuvering or common areas of the Site, or block entrances, exits, or any other access ways.
• Solicit or canvass any other party at the Site.
• Conduct themselves in an unprofessional manner or behave in a reasonably offensive way toward any individual, including Voltera, Site personnel, or any other customer or third party at the Site.
• Tamper with or alter or circumvent any access control systems, camera equipment, fire alarm/smoke detectors, electrical or HVAC systems, any other third party equipment, systems, or infrastructure, or security locks or bolts at the Site.
• Make use of the Site in any way that may be dangerous to persons or property.
• Permit any unreasonable noise, odor, or vibrations to emit from the Site, nor create, maintain, or permit a nuisance or violation of any regulation of governmental agencies.
• Threaten, harass, or commit acts of violence against anyone.
• Use profane or offensive language while at the Site.
• Perform maintenance on any EVs, except as and if expressly permitted at a Site and only in designated locations.
• Engage in any activities or actions that knowingly infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution.
• Engage in any activities or actions that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about other Users without their permission, except as permitted by applicable law.
• Waste electricity, water, or other utilities at the Site.
• Assist or permit any persons in engaging in any of the activities described above.
If a User becomes aware of any Prohibited Activities, user will use its best efforts to remedy such Prohibited Activities.
Storage
Users may not store anything at the Site, except as otherwise expressly permitted by Voltera, or where Voltera has designated space specifically for such storage. Customer EVs may remain at the Site, provided they are within the spaces or locations designated for EV operation, parking, and/or servicing at the Site. Any pre-approved storage containers with weight limitations cannot impede access to any Critical Infrastructure, third-party designated spaces, nor can it block common areas, roads, vehicle access areas, and, where there are any buildings at the Site, such containers may not block any hallways, corridors, doors, or exits.
Charging Session Data
User acknowledges that in connection with a Users’ use of a Charger, Voltera may collect Charging Session Data and may use such Charging Session Data (a) to provide and improve the Services and other internal purposes, (b) for purposes of tax credit, incentives, and grant applications and administration of the foregoing related to the Site or Chargers, as applicable, (c) as required to be disclosed by law, and (d) for any other commercial purposes as determined in Voltera’s sole discretion. “Charging Session Data” means all data and information related to the operation and use of the Chargers collected by Voltera, and which may include, Charger ID, charging session duration, power consumed during the charging session, battery level, voltage, current flow, maximum power utilized, etc. Voltera’s use of the Charging Session Data shall be governed by Voltera’s Privacy Policy.
Equipment and Personal Property
Equipment
Equipment at the Site must at all times comply with Voltera and manufacturer’s specifications, including, in the case of Customer’s Equipment, all power requirements.
Users shall use the Site and shall operateEquipment in the Site in a safe and prudent manner, and any damage occurring at or to the Site or to any equipment therein (including Voltera or a third party’s equipment), whether caused by Users or not, shall be promptly brought to Voltera’s attention.
Users will take all necessary steps to ensure that the Equipment, including, in the case of Customers, the Customer EVs, is maintained in a manner to ensure safe operation. If Voltera or a User becomes aware of a safety issue with any Equipment, such party will:
- Promptly notify the other party of the safety issue and;
- Take all necessary steps to remove the Equipment from operation to ensure there is no safety issue at the Site.
Personal Vehicles
Personal vehicles shall follow all non-fleet EV parking designations and rules at the Site and may not unreasonably obstruct the Site in any way. All personal vehicle parking is on a first come, first serve basis, unless otherwise agreed in the Contract.
If a personal vehicle at the Site breaks down or requires maintenance, User is responsible for promptly removing the vehicle from the Site.
Voltera reserves the right to tow or otherwise remove any vehicles (personal or otherwise) not following these STCs or any rules (which such additional rules have been provided to User in advance in writing) or designations at the Site with reasonable prior notice to User where such prior notice is reasonable under the circumstances. In all cases, Voltera shall provide notice as soon as reasonably possible under the circumstances.
Voltera Equipment
All Chargers, Charging Stalls, related Critical Infrastructure, and Services shall be implemented, provided, and maintained by Voltera or a Voltera assigned representative or contractor, and may not be installed, maintained, or performed in any other manner, unless permission is explicitly granted in writing by authorized Voltera personnel.
Site safety
Users will follow all reasonable and industry standard safety precautions including, but not limited to, following all safety, fire, protection, and evacuation procedures, and adhering to delineated signage that restricts access to areas and/or equipment, site markings that require clearance, and no smoking areas.
The following safety terms shall apply to any Users (and their subcontractors or personnel) performing work at a Site.
- Users shall comply with the following: (a) all applicable federal, state, and local safety regulations, (b) OSHA (Occupational Safety and Health Administration) and any other applicable industry standards for health, safety, and environmental protection, and (c) any safety guidelines provided by Voltera.
- Users shall be solely responsible for all safety training associated with performing work at the Site, including, at a minimum, training their personnel and subcontractors in applicable safety protocols, hazard recognition, and emergency procedures. All associated safety training records shall be provided to Voltera upon request. Voltera reserves the right to require Users to stop work without penalty or remove Users from a Site for safety non-compliance or failure to timely correct safety violations.
Reporting Safety Violations and Safety Audits
Users performing any work at the Site shall provide detailed reports of any accidents, near-misses, and actual or suspected safety violations to Voltera immediately, and in any event no later than twenty-four (24) hours of the incident.Users agree to use reasonable efforts to remedy the violation, as applicable. If User or Voltera identifies any safety violations at the Site, the non-complying Users shall submit to Voltera a corrective action plan in line with industry standards within five (5) business days of any incident and shall take such corrective action(s) as detailed in the plan at its sole cost and expense.
Voltera reserves the right to conduct safety audits or inspections related to work being performed at the Site to ensure compliance with applicable laws, regulations, these STCs, and any other policies that may be imposed by Voltera. Users will cooperate fully with these audits and provide access to records, facilities, and personnel, as reasonably requested.
Emergencies
In the event of anEmergency (as defined below), Users shall immediately evacuate the Site and any Buildings thereunder. In addition, Users shall permit and Voltera reserves the right to take whatever steps it deems reasonable and necessary to address the Emergency without prior notice to User (notice to follow as soon as reasonably practicable). This includes, but is not limited to:
• Relocating or removing Customer EV s from the Site if User is unable to promptly relocate the Customer EVs themselves;
• Disconnecting Customer EVs from the Chargers;
• Coordinating with emergency response agencies to address the Emergency
• Suspending or restricting access to the Site; and
• Accessing Customer’s designated space.
In the event of an Emergency of which User first becomes aware, User will immediately contact 911 and make Voltera aware of theEmergency as soon as practicable.
“Emergency”means an event or suspected event involving potential loss of life, injury to persons (other minor injuries), or risk of immediate and significant damage to property, or any User’s Equipment or personal property.
When responding to an Emergency at the Site, Voltera shall use commercially reasonable efforts to coordinate with a Users’ personnel prior to taking any actions if practicable under the circumstances.
Users shall keep Voltera advised of current telephone numbers of their employees who may be contacted in the event of an Emergency.
Work at the site
No work may be performed at the Site without Voltera’s prior written consent, except as and if agreed by Voltera in writing. Voltera reserves the right to require an approved service provider to supervise the work, including, but not limited to instances where the work requires User to come into contact with or otherwise handle voltage greater than or equal to120V, including flipping a breaker. Users are required to obtain permits for all work that legally requires such a permit and to hold all valid safety certifications required by law and relevant industry standards while performing work.
Job Hazard Analysis
Users performing work at a Site are required to perform a Job Hazard Analysis (“JHA”) meeting OSHA standard prior to performing any Site work each day and submit it as directed by Voltera, by the end of each day. The JHA must be signed by all individuals providing work on Site that day and include at a minimum:
• Description of the work performed and individual tasks.
• Hazard analysis summary.
• Control measures implemented.
• A list of any required permits, certification(s), or any training.
• A list of required equipment and tools.
• Names of individuals performing work on the Site that day.
Completion of Work
Upon completion of the work, Users shall:
• Remove trash from the Site;
• Remove shipping materials and pallets; and
• Where applicable, provide Voltera with as-built documentation showing any alteration to the Site.
Suspension
Voltera reserves the right to disconnect or suspend power from the Chargers, or relocate, without liability, any Equipment or personal property which Voltera determines, in its sole discretion, materially disrupts Voltera’s Services, and/or operation of the Site, or otherwise compromises the security or safety of the Site. Voltera further reserves the right to suspend or restrict access to any User who it knows or has reason to believe is in violation of these STCs without prior notice.
Cooperation with investigations
Users will cooperate and comply with any civil or criminal investigation regarding Customer’s use of Voltera Services or access to the Site. This includes but is not limited to the following:discovery orders, subpoenas, freeze orders, search warrants, information requests, physical interconnection services audit, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an “Investigation”). Voltera may charge a User or any person seeking compliance with an Investigation for the reasonable and actual costs and expenses associated with Voltera’s compliance with any Investigation. Voltera reserves the right to comply with any Investigation without notice to a User. Customers shall not be entitled to a refund or any service credits, and Voltera shall not be in default under any agreement for Voltera Services, if its compliance with any Investigation causes a User to incur downtime or requires the sequestering of all or a portion of the Services. Voltera also reserves the right to disclose information relating to Users and their use of Voltera Services as reasonably required in relation to an Investigation with prior notice to such User, unless such notice is legally prohibited.
Disclaimer
These STCs do not create any obligation or duty of Voltera to any User that is not a Customer or a party acting on Voltera’s behalf. Unless and until notified, Voltera is not likely to be aware of any violations of these STCs or any violations of law. Users are expected to notify Voltera of any violations of law or violations of these STCs. EXCEPT AS OTHERWISE AGREED IN A WRITTEN AGREEMENT, VOLTERA EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE SERVICES AND THE CHARGING SITE AND ASSUMES NO LIABILITY EXCEPT AS SET FORTH HEREIN.
Reporting violations
If you become aware of any Prohibited Activities or any violations of these STCs, please immediately notify Voltera using the contact options provided by Voltera, and use reasonable efforts to remedy the violation, if applicable.