Site Terms & Conditions
These Voltera Site Terms and Conditions (“STCs”) are designed to govern (1) the access and use of Voltera’s sites (each, a “Site”) and related physical infrastructure and services provided to our customers 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. These STCs apply to all individuals who access the Site and/or use the Services provided at the Site, including, but not limited to, Voltera Customers and their employees, and all visitors, contractors, and Customer guests at the Site (collectively, “Users”), as well as to all equipment (the “Equipment”) and personal property (“Personal Property”) at the Site not made available by Voltera or a Voltera related party, including, but not limited to, fleet vehicles (the “Fleet Vehicles”) and personal vehicles parking at the Site. A “Customer” is a party who has entered into a written agreement with Voltera for the provision of Services at the Site (the “Customer Agreement”). For purposes of these STCs, Customer’s Fleet Vehicles shall be considered Customer Equipment.
ACCESS & SECURITY
All Users entering any Site must adhere to the terms set forth herein and must be previously approved and authorized to enter such 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 upon violation of these STCs or upon termination or expiration of the definitive engagement 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;
• 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 to Users, 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 vehicle-to-station 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 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 Customer Agreement, or where User is providing services to Customer or Voltera in such space. If the MDF is shared, Customer 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.
USE OF THE SITE
Prohibited Items
Users will not bring any of the following (“Prohibited Items”) to the Site:
• Tobacco products, including e-Cigs and vaping products;
• Pets or other animals;
• All food and beverages are strictly prohibited near the stations (the “Stations”), 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) the Fleet Vehicles at the Site or providing the services at the Site, and then only in amounts and quantities as permitted by law;
• Guns of any kind, ammunition, fireworks, or weapons of any kind (except for on-duty law enforcement, or Voltera or Customer security personnel who have specific, advance, written authorization from Voltera to carry designated weapons);
• Cameras, or video recording devices without prior permission of Voltera, unless such recordings are used for internal business purposes only and have been previously approved by Voltera. For the avoidance of doubt, cameras and audio or visual recording devices that are integrated on or into Fleet Vehicles shall not require prior permission of Voltera.
• Children under the age of 18, unless previously authorized by Voltera.
Prohibited Activities
Users will not do any of the following (“Prohibited Activities”) while at the Site:
• Use the Site for a purpose other than (i) using the Stations pursuant to the Customer Agreement (inclusive of all services contemplated therein), (ii) parking, operating, cleaning, servicing or otherwise maintaining Fleet Vehicles, as and if permitted under the Customer Agreement, or (iii) providing services to the Customer or Voltera as permitted under the Customer Agreement or Voltera service provider contracts.
• Park personal vehicles other than in connection with and as necessary to effectuate their job at the Site, per the Customer Agreement, and per the Personal Property section below. All personal vehicle parking is on a first come, first serve basis.
• Use the Site in excess of the restrictions set forth in the contractual arrangement with Voltera, including, but not limited to, as applicable, exceeding power limits set forth in the Customer Agreement.
• Smoke or vape.
• Place, empty, or throw away 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 in appropriate 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 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 to do 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 the 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 Fleet Vehicles, 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.
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. Fleet Vehicles may remain at the Site, provided they are within the spaces or locations designated for Fleet Vehicle 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.
Network
Any access and use of Voltera’s networks or systems shall be subject to Voltera’s Acceptable Use 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 operate Equipment 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, Fleet Vehicles, 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 Property
Personal vehicles shall follow all non-Fleet Vehicle parking designations and rules at the Site and may not unreasonably obstruct the Site in any way.
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 Fleet Vehicles) 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 Stations, 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.
Users shall be solely responsible for all safety training associated with utilizing the Stations and the Site as required by law and/or OSHA. All associated safety training records shall be provided to Voltera upon request.
Users shall report any actual or suspected safety violations to Voltera immediately.
EMERGENCIES
In the event of an Emergency (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:
1) Relocating or removing Fleet Vehicles from the Site if User is unable to promptly relocate these vehicles themselves;
2) Disconnecting Fleet Vehicles from the Stations;
3) Coordinating with emergency response agencies to address the Emergency;
4) Suspending or restricting access to the Site; and
5) Accessing Customer’s designated space (the “Space”).
In the event of an Emergency of which User first becomes aware, User will immediately notify Voltera personnel of the Emergency. In the case where Voltera personnel are not readily available, User will contact 911 and make Voltera aware of the Emergency 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
From time to time, Users may perform work, including structural and non-structural alterations, in their designated Space 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. Users are required to obtain permits for all work that legally requires such a permit or otherwise agrees to bear any liabilities arising out of failure to do so. Upon completion of the work, User shall:
• Remove trash from the Site; and
• Remove shipping materials and pallets.
• Provide Voltera with as-built documentation showing the alteration.
SUSPENSION
Voltera reserves the right to disconnect from the Stations, or relocate, without liability, any Customer Equipment 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 at info@Voltera.com and use reasonable efforts to remedy the violation, if applicable.
CHANGES
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.