Pod Drive Subscription Terms and Conditions

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. Our agreement with you

2.1. These terms and conditions (“Terms”) cover your acquisition of a Pod home electric vehicle charger (your “Pod Point”) and your subscription for Pod Drive services in connection with your Pod Point (see section ‎3.1 for more details on Pod Drive services). They set out how we will provide and install your Pod Point, 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 process for which is described in section ‎4.3 (Ordering) below. 

2.2. The Pod Drive services are provided by us for an initial term of 36 months from the date of acceptance of these Terms (or such other initial term as might be set out in your order as described in section ‎4.3, if different) (the “Initial Term”), and on a rolling monthly basis thereafter (unless our agreement is terminated or we agree with you to extend it). At or slightly before the end of the Initial Term, we will contact you to agree with you what the monthly Pod Drive payment and associated Pod Drive Services could be following the end of the Initial Term. This Initial Term will come to an end on one month’s written notice from either party after the end of the Initial Term or when terminated as set out in section ‎25.

2.3. To acquire a Pod Point you must be at least 18 years old and a resident in the UK and place an order for Pod Drive and a Pod Point either via our website or through one of our appointed and approved partners. 

2.4. To benefit from Pod Drive services, you must own or otherwise be the beneficial owner of a Pod Point. 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:

• Maintain a Pod Drive subscription and make your monthly Pod Drive payments in accordance with section ‎6;
• ensure your Pod Point remains connected to the internet in accordance with these Terms;
• remain eligible for Pod Drive as described below in section ‎5;
• keep the Pod Point in good order, condition and repair in accordance with Pod’s latest technical guides, arranging any repair or maintenance as soon as it is required; and
• continue to otherwise perform your obligations under this agreement. 

2.5. 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 Point installation and 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.

3. Description of our Pod Drive services

3.1. Ownership of the Pod Point will transfer to you following delivery to you and installation as described in section ‎8, provided that you have made payment of your one-off up-front Pod Drive payment (if such a payment is applicable) in accordance with section ‎6 and that you have entered into this Pod Drive contract on these Terms.  From the date of transfer of ownership, your Pod Point will (once installed) as a minimum allow you to charge your electric vehicle at a rate which is no-lower-than 2.4kW. In return for you doing the things described in section ‎2.4 including to maintain a Pod Drive subscription, , we agree to provide you our Pod Drive subscription services, including the ability to smart charge your EV at up to 7.4kw and access to Pod Rewards on the basis set out in these terms and conditions.  A description of our Pod Drive subscription services can be found on our website https://www.podenergy.com and in the information we provide to you when placing an order (“Pod Drive services”). 

3.2. 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 https://podenergy.com/legal/uk-pod-privacy-notice (“Privacy Notice”)

3.3. Please read the description of the services and these terms and conditions carefully, before you accept them, along with our Privacy Notice https://podenergy.com/legal/uk-pod-privacy-notice which also apply to Pod Drive services. 

4. Ordering
4.1. Submitting your order as described in this section ‎4 is an offer to acquire a Pod Point and to subscribe to Pod Drive services (your “order”) in return for your agreement to do the things described in these Terms. You place an order for our Pod Drive services through our latest version of our Pod Home mobile phone application (our “App”) and/or 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 Pod Point you will be required to download our App. Your downloading and use of our App is subject to our  App terms of use at https://pod-point.com/legal/app-terms-of-use. You may also need to provide to Pod details of your home ‘MPAN’ number if we cannot obtain it automatically – we will contact you if this is required, and Pod being provided with your accurate MPAN number is a condition of us providing you with Pod Drive Services.  

4.3. When ordering Pod Drive services, our App and/or website will display the specific commercial details of your order including the agreed monthly Pod Drive payment amount, any up-front fee due and the term of Pod Drive services, and these commercial details form part of your agreement with Pod. Acceptance of your order takes place when you sign or otherwise finalise a contract on these Terms with Pod for Pod Drive services via our App and/or website. All orders are subject to acceptance by us, following which a contract for Pod Drive services is formed between you and us incorporating your order and these Terms. 

4.4. A copy of this completed agreement and details of the commercial terms of your order will be sent to you via an email to your nominated email address after completion of the agreement between us.

When downloading our App and signing up to a Pod Drive subscription for your Pod Point, you agree to become the subscription owner for that Pod Point (“Subscription Owner”). More than one user may access the relevant Pod Point via the App and/or Smart charge their EV, but only one person may be the Subscription Owner for a Pod Point. There are certain things that only the Subscription Owner can control – see section ‎‎7.12 below for what these are. 

5. Eligibility

5.1. To be eligible for Pod Drive services:

• You must own a linked Pod Point (including, where applicable, after you have done the things described in section ‎3.1 for ownership of a Pod Point to transfer to you).
• Your eligibility must be validated in the Pod Home App and/or through our website as directed when you register for Pod Drive.
• You must (where prompted) provide Pod with the domestic address where the Pod Point is or will be located and details of your home ‘MPAN’ number if we cannot obtain these details automatically.
• You must use the Pod Home App to charge one or more electric vehicle(s) (“EV”) using your linked Pod Point.
• You must have your linked Pod Point connected to Wi-Fi or other internet source with sufficient coverage to use Pod Drive features.
• We currently support all single rate or two rate domestic electricity tariffs. You must not delegate control of charging your EV through your Pod Point to a third party and/or be a user of a smart electricity tariff, such as Intelligent Octopus, Octopus Intelligent Drive Pack, Octopus Agile, OVO Charge Anytime, E.ON Next Drive Smart, 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 to which you delegate control of charging your EV and/or that is not a single rate or two-rate tariff as described above, you will still be required to pay as described in section ‎6 but you will no longer be eligible for some elements of Pod Drive and we reserve the right to withdraw any or all Pod Drive services at that point. You will have to notify us of such a tariff change using the contact details in section ‎1.2 .
 

6. Payment

6.1. You must make your payment of your one-off Pod Drive payment via our online checkout process on our website and/or App when you place your order. In certain circumstances we may contact you directly to help you through the checkout process. The price is typically £99 per Pod Point or (if different) the amount set out in your order.

6.2. You must pay for your one-off Pod Drive payment (if applicable) in pounds sterling (£) using a credit or debit card issued in the UK. We accept the credit and debit cards specified in our customer journey. All credit and debit card payments need to be authorised by the relevant card issuer.

6.3. We (or our installers) will be in touch to schedule the installation date that we will agree with you in accordance with section ‎8 Once your installation date has been confirmed, we will be in touch and let you know when your first monthly Pod Drive payment is due. This will be at least 6 working days after installation. For more information on installation of your Pod Point, see section ‎8. 

6.4. Your monthly Pod Drive subscription payment will for the monthly amount described in your order as described in section ‎4 (your “monthly Pod Drive payment”). You must pay the first monthly Pod Drive payment and each monthly Pod Drive payment by or on its payment date. You must make the payment even if the Pod Point cannot be used for any reason. All monthly Pod Drive payments must be paid by direct debit. 

6.5. After the Initial Term of this agreement have passed, this agreement will roll forward unless terminated by you or by us. Absent any agreement to the contrary (for example after we contact you as described in section ‎2.2) or any termination by your or by us, your regular monthly Pod Drive subscription payment will continue to be due in return for Pod Drive Services, except that we may by agreement with you increase or decrease the amount of the monthly Pod Drive payments after the end of your Initial Term. This agreement continues unless it is terminated by you or by us, and we will contact you near to the end of your Initial Term to discuss possible replacement Pod Drive arrangements. We will provide you with a minimum of 2 months' written notice by email before making any change to your monthly Pod Drive payment after the expiry of the Initial Term. If you stop making your monthly Pod Drive payments under this agreement after expiry of the Initial Term, you accept that some or all of the Pod Drive Services may no longer be provided to you at our discretion.

6.6. As long as you are up to date with your monthly Pod Drive subscription payments, you can change the payment date of the monthly Pod Drive payments by telling us you want to do this. You can do this by telling us no less than 7 days and no more than 28 days before you want the change to take effect. You can change your payment date 1 time per calendar year. 

6.7. Where VAT is payable on an amount you must pay us the amount includes the VAT payable on it. The VAT you pay will be based on the VAT rate in effect on the date of this agreement. If the rate of VAT changes, the VAT you pay will be based on the new rate after we give 3 months' written notice. 

6.8. If you don't pay a sum under this agreement when due, you will be in serious breach of this agreement. We treat a payment as received only when we have got the cleared funds. For more information on the consequences of breaching this agreement, see section ‎25. 

7. Pod Rewards 
7.1. As part of your Pod Drive subscription, one of the services you benefit from is our Pod Rewards through which you can earn points (which you can convert into cash) for every kWh that we smart-charge an EV via your Pod Point, as described in this section 7 (“Rewards”). 

7.2. To obtain Rewards you agree to plug in your EV into your Pod Point 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 Pod Point to charge more than one EV at separate times if you wish. 

7.3. Using our Smart Charging system (see our ‘Smart Charging and Flexibility’ section ‎17 for more details) and your Pod Point 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 Pod Point by using the electricity tariff details you have advised us of, subject always to your EV being correctly connected to your Pod Point and to the details of your electricity tariff being accurate.  

7.4. 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 Pod Point supports most of the electricity tariffs available in the UK market, however we cannot smart-charge your EV with your Pod Point 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).

7.5. For every kWh that we smart-charge an EV with via your Pod Point, you will accrue Pod  Rewards points (“Points”). Points are calculated in accordance with the below calculation and apply to your Pod account no matter how many EVs you smart-charge.

7.6. Your Rewards commence on the day of the installation of your Pod Point. 

7.7. 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 which delegates control of EV charging to a third party (such as Intelligent Octopus Agile and OVO Charge Anytime or other similar smart electricity tariffs, see section ‎5.1 above) will not accrue Points.  

7.8. For each kWh that we smart-charge an EV using your Pod Point, Points will accrue and will be stored in a separate Rewards wallet which you can see and access through your App (your “Wallet”). You will earn 2 Points for each kWh that we smart-charge your EV(s), with the minimum you can earn from a charging session being 1 Point. Each Point will be convertible in your Wallet to £0.01 (one pence).  These details may differ in your order. The process for this conversion is set out in section ‎7.10 below. We reserve the right to amend these calculations to reflect typical EV costs in the future. Your Points are personal to you and can’t be transferred to another party except unless explicitly agreed by us at our discretion. 

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

7.10. Your Rewards balance will be displayed in British pounds in the App as Rewards are accrued, and once you’ve earned a minimum value of the equivalent of £10.00 or more in Rewards points (1000 Points) you may withdraw them as cash into a bank account of your choosing in accordance with these Terms. We reserve the right in the future to introduce an automatic monthly cash-out mechanism and to amend how your Rewards accrue and can be withdrawn from your Wallet to a per-month withdrawal basis, meaning the maximum amount of cash you may withdraw that month would be limited to, for example, one twelfth of the cash value of your expected Rewards for the following year - if such changes take place we will notify you, with explanatory details, in the Pod App and/or via email.

7.11. In addition to Rewards which may be withdrawn as cash as described above, being a Pod Drive subscriber will entitle you from time-to-time to further benefits including bonus rewards and discounts from other smart-charging and/or home energy products which Pod may offer (such as solar panels) in the future. Further details of such additional benefits will be communicated from time-to-time at Pod’s discretion, including via the App, and relevant terms and conditions will apply. 

7.12. Please note: 

• Only the Subscription Owner may have access to the Wallet, cash out Points, register their bank account to pay cash rewards into and see designated bank accounts for the paying of cash rewards in their App, 
• Your Points 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.
• We may at our discretion cancel and withdraw any accrued Points from your Wallet if you commit a breach of this agreement (as described in section ‎25 below).  
• In future some withdrawal options and special offers may only be available for a short period of time and they may require a minimum Rewards/Points balance. Any restrictions will be explained in the offer terms.

8. Arranging delivery and installation

8.1. Once you have placed your order for Pod Drive services in accordance with section ‎4 above, you must download our Pod Home App (as described in section ‎4.2 above) and use the App to complete our detailed pre-installation home survey. This survey will dictate whether you are eligible for Pod Drive services as further described in section ‎5.1 above.  That survey will enable Pod to establish what is required to complete the installation of your Pod Point at your home.  The App may also be used to ask you certain affordability questions in connection with your Pod Drive subscription payments. 

8.2. 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 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 may be rescinded by Pod and/or Pod Drive services may be withdrawn. 

8.3. Following eligibility and affordability being established and a home survey being completed via the App and/or our website, we will schedule an installation date with you and your Pod Point will be delivered and installed on the agreed installation date. We will contact you to agree and schedule your installation date.

8.4. We will aim to schedule the initial installation of your Pod Point 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.

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

8.6. If we are unable to deliver and install your Pod Point 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.

8.7. If our supply or delivery of your Pod Point 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. 

9. Pod Point Installation Services

9.1. Our terms and conditions cover what is included in your standard installation for a Pod Point and what happens if we need to quote for extra works. You agree that we or our installers can access your premises in order to conduct a survey (if needed) and to install the Pod Point.

9.2. 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.

9.3. 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).

10. What is included

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

• Fitting of a Pod Point 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 Pod Point
• 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

11. Some conditions and limitations that you need to know

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

11.2. 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.

11.3. 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 ‎15 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.

11.4. When you are using your Pod Point, the EV charging cable must remain on your property (unless you have, and can provide evidence of, written permission from the affected landowner or authority to do otherwise) and your cable must not create a trip hazard for you or anyone else. Pod is not responsible for any damage or injury arising from the use of your Pod Point except as described in section ‎24.

11.5. 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.

11.6. The installer will position the Pod Point 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.

11.7. 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.

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

11.9. 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.

11.10. 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.

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

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

12.2. If we cannot install the Pod Point 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.

12.3. 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.

13. What happens if your electrical supply is inadequate

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

13.2. We are not responsible if the installation of your Pod Point, 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.

14. Timing

14.1. 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.

15. Additional works and/or non-standard installations

15.1. 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 which will be payable in addition to your monthly Pod Drive subscription payment. A validity period may apply to the quotation, please speak to your installation project manager or installer.

15.2. 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.

15.3. 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.

15.4. 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.

15.5. Your local power network operator may require additional remedial works to be carried out before a Pod Point 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.

16. Partner Installers

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

16.2. 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).

16.3. 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. 

17. Smart Charging and Flexibility

17.1. Pod will smart charge your EV when you maintain a Pod Drive subscription.  Some additional definitions also apply to smart charging under Pod Drive:

• “Balancing Mechanism” means the service procured by the National Electricity System Operator to manage supply and demand on the transmission network. For more detail, see Elexon’s definition here: https://www.elexon.co.uk/glossary/balancing-mechanism/
• “Capacity Market” means the service procured by Government through yearly auctions to maintain sufficient generation capacity to meet peak national demand.
• “Demand Flexibility Service” means the service procured by the Electricity System Operator to manage supply and demand on the transmission system.
• “Demand Response Services” refers to procured energy flexibility services, including (but not limited to):

1. Balancing Mechanism
2. Capacity Market
3. Demand Flexibility Service
4. Transmission Constraint Management Services
5. Distribution Constraint Management Services
   • "Distribution Constraint Management Services” means services procured by Distribution System Operators to manage constraints on the distribution network.
   • “Distribution System Operators” means a licensed distribution system operator. For more detail, see Elexon’s definitions here: https://www.elexon.co.uk/glossary/distribution-system-operator/
   • “National Electricity System Operator” or “National Energy System Operator” means the corporation responsible for operating Britain’s electricity system.
   • “Transmission Constraint Management Services” means services procured by the National Electricity System Operator to manage constraints on the transmission network.

17.2. Every new Pod Point 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 Rewards. You can always override Smart Charging by using the ‘Boost’ option on the App to charge your EV, but note that using this Boost option does not accrue Rewards or Points.  

17.3. Once connected to Wi-Fi or other internet source, the Pod Point will automatically receive over-the-air updates, meaning it continually benefits from the latest software updates available. Connecting your Pod Point to the internet (including your 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.

17.4. You confirm that by connecting your charger to the internet (including your 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 https://podenergy.com/legal/uk-pod-privacy-notice. The App provides electricity usage data for information purposes only and should not be used as an electricity meter.

17.5. You will need sufficient internet coverage (including your Wi-Fi) in the location your Pod Point is installed. If your Wi-Fi coverage is not sufficient and other internet connections are not available, any functionality that requires internet access 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. 

17.6. In addition, if your internet coverage (including your Wi-Fi) is insufficient your Pod Drive Rewards will not accrue during any period of insufficient  coverage and we reserve the right to withdraw Rewards from you following discovery of insufficient internet coverage to the extent that we are unable to Smart Charge using your Pod Point.  If your internet signal (including your Wi-Fi)is not sufficient to connect your Pod Point, we will contact or discuss with you to try and get your connectivity 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.

17.7. It is an ongoing requirement to have at least one Pod Point registered in the App. If at any time you do not have an active authorisation for integration with a supported Pod Point and you have not had such active authorisation for a period of more than 30 days, or there is a material change to your charging set up that is not compatible with a Pod Drive subscription (for example you no longer have the EV or Pod Point you used to sign up to Pod Drive), you may no longer be eligible for Rewards.

17.8. You must record your charging preferences in the App, including what time you need your EV ready by and how much electricity you would like to add to your EV. We'll take your charging preferences into account first and optimise your energy use around that. If it's not possible to charge your EV by the time you specify (for example, because the connected capacity is not sufficient for a full charge or because your preferences are updated on too short notice for a full charge) we'll notify you and/or try to charge as much as possible in the time available.

17.9. By signing up to the Pod Drive subscription, you agree to:

• Give us permission to integrate and connect with your Pod Point using an available internet connection (including your home wi-fi, in-built sim card, or other method as agreed between us).
  • Give us permission to influence the times of operation of your Pod Point. We will always strive to operate your Pod Point in line with the preferences you have specified in our App, but this service cannot be guaranteed.
  • Us collecting data about your Pod Point, energy consumption and/or EV, including but not limited to model, power consumption, charging preferences, any actions you take to operate these assets and how these assets perform. We will use this information to optimise your asset operations, send operating instructions to your Pod Point and generate information provided to you in our App.
  • Give Pod exclusive rights to enter contracts (ourselves or through our partners) for the provision of Demand Response Services with your Pod Point. By agreeing to these Terms, you authorise Pod to enter Demand Response Services contracts with your Pod Point and share relevant data with relevant third parties, including but not limited to your half-hourly consumption data, charging data, charger address and Meter Point Administration Number (MPAN) where necessary.
  • Give us the exclusive right to control your Pod Point to deliver energy to and/or from your EV(s) on Demand Response Services when required by such Demand Response Services contracts.
  • Not enter your Pod Point into any third-party schemes that enter you, your Pod Point and/or your EV(s) into a Demand Response Service while you remain on a Pod Drive subscription. If we become aware that you have joined a third-party scheme we have the right to remove you from Pod Drive, and the consequences of cancellation described in section ‎25.3 may apply. 
  • Note that if your Pod Drive subscription comes to an end, Pod reserves the right to continue to have your Pod Point and/or EV registered for some or all of the Demand Response Services until such time as the relevant Demand Response Services contracts expire and your Pod Point and/or EV can be removed from the Demand Response Services by Pod. 

17.10. We do not guarantee that your Pod Point or App will always operate in accordance with your preferences. We accept no liability for wear of your Pod Point, scheduling failure or other electric faults. Our liability to you is as set out below in section ‎11.  

18. Energy Clamp

18.1. Whilst Smart Charging comes as standard with every Pod Point, 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 Pod Point 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 Pod Point.

8.2. 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. 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.

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 Pod Point once it has been installed

19.1. You must ensure that an installed Pod Point is not opened, moved, modified, re-wired, or otherwise tampered or interfered with, without complying with Pod’s latest technical guides and/or notifying Pod directly and complying with Pod’s recommendations. Please also see the Pod Point 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 Pod Point 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 Pod Point 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

20.1. Once your Pod Point has been installed and commissioned by our installer (or by the installer from our Partner Installer), you agree to connect your Pod Point to an available internet connection (ideally your home Wi-Fi). You agree to provide our installer with access to your Wi-Fi to finalise your installation where possible. 

20.2. After your Pod Point has been installed, you may be prompted in the App to connect one or more EV to your Pod Point 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 Pod Point is or will be connected to any domestic solar panels and/or home battery storage systems, your EV may still be charged via your Pod Point using electricity from either source but you recognise and accept that charging this way is not Smart Charging and will not contribute to your Rewards or accrue any Points under these Terms.

20.4. If you move home during the Initial Term, provided you have given us at least 30 days’ notice you may either terminate the Services agreement for Pod Drive (subject to the rest of this section ‎20.4 and to you making full payment of the outstanding monthly Pod Drive subscription payments from the date of termination, see section ‎25.5 for more details) or you may enter into a new agreement for Pod Drive services at your new property to replace your existing order. If you elect to agree a new Pod Drive agreement for a new Pod Point order at your new property, a new order will be created as described in section ‎4 which (from the date agreed by you and us) replaces your existing order for Pod Drive services with a new Pod Drive agreement with a new Initial Term of 36 months. In the case of a new Pod Drive agreement, if it turns your new home is not eligible for Pod Drive services, we reserve the right to terminate such agreement and recover from you full payment of the outstanding monthly Pod Drive subscription payments for the previous Pod Drive order at your previous property (see section ‎25.5 for more details). 

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 Pod Point is covered by a comprehensive 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 Pod Point. Your Warranty will last as long as the warranty period stated in your order as described in section ‎4. If you purchased the relevant Pod Point 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 Pod Point https://podenergy.com/legal/pod-warranty-statement (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 Pod Point and applies to Pod Points installed in the UK only. Any fault or other defect should be promptly reported to us via https://help.pod-point.com/s/contactsupport 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 it cannot be fixed remotely and/or Pod deem it necessary, we will offer to you to arrange an engineer service visit at your home to repair or replace the Pod Point. 

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 credit you a recharge amount useable on the Pod public charging network to enable you to charge your vehicle for the days (or part days) outside that period when your Pod Point 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 Pod Point - 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 credit is capped up to the maximum value of £50 per day that we have not repaired or replaced your Pod Point 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 Pod Point or any faulty parts or installation (using either new or reconditioned parts or equipment). Alternatively, we may replace the Pod Point with one that is of the same or later version.

21.7. You have statutory rights in relation to the Pod Point 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 Pod Point will be void if the circumstances set out in the Warranty Statement take place. These include if your Pod Point 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 Pod Point is connected to the internet (ideally your home 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 Pod Point

23.1. After the Pod Point 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. Pod shall not be liable for any loss, damage, or injury arising from the use of a Pod Point by you or others. However, 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 Pod Point;
• The installation of, or any services provided in relation to, any Pod Point 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 and termination

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 Pod Point remains connected to the internet (including via Wi-Fi);
• Failing to remain eligible for Pod Drive as described in the ‘Eligibility’ section ‎5.1 above;
• failing to make your monthly Pod Drive subscription payments in accordance with section ‎6, not making those payments on time or failing to pay any other amounts you have agreed to pay to Pod; and/or
• failing to do any of the other things described in section ‎5.1‎ above.

25.2. If you do breach these Terms/this agreement (including by failing to make your monthly Pod Drive payments), 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. 

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

• Notify you via the App or other channel that a monthly Pod Drive payment is outstanding and/or notify any relevant credit reference agency; 
• suspend or withdraw the Warranty connected with your Pod Point, including suspending our obligations to send an engineer to fix any faulty Pod Point within 48 hours and the payment of any Recharge amounts.  If we suspend or withdraw your Warranty under this section, then in the event of a fault with your Pod Point (as described in the Warranty Statement) the 48 hour service agreement will not apply until this suspension is lifted by us, and we agree only to arrange an engineer visit to repair and/or replace your Pod Point within 14 days of being notified of any relevant fault; 
• suspend or cancel your entitlement to earn Rewards from that point and/or withdraw at our discretion any or all Rewards allowance accrued by yo5.1u prior to your breach (even where such Rewards are in your Wallet);
• suspend or withdraw all Pod Drive services, including access to our App to control your Pod Point, your ability to schedule any charge for an EV and/or your ability to Smart Charge any EV;
• de-rate your Pod Point’s ability to charge any EVs from the maximum 7.4kW down to no-lower-than 2.4kW; and/or
• terminate this agreement.
   

25.4. You must pay us, when we ask, for our reasonable losses, costs, expenses, claims or liabilities that have resulted because:

• you have provided us with information that is false or inaccurate in an important way;
• you have breached the agreement as described in section ‎25.1;
• we have to enforce this agreement (including by taking you to court); or
• of an alleged breach of any law or regulation involving the charger or its use.

25.5. When this agreement ends because of a reason described in section ‎25.1, you must pay to us straightaway all outstanding costs, charges and monthly Pod Drive subscription payments which Pod considers to be fairly and reasonably due or would otherwise (but for such termination) be due up to end of the Initial Term.  

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 Pod Point, 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 Policyhere. You can also call our Customer Services Team on (+44) 0207 247 4114, or email complaints@pod-point.com. Alternatively, you can contact us by post at Pod Point Limited, 222 Gray’s Inn Road, London, WC1X 8HB. 

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.

These Terms are agreed by the parties on the date(s) set out below:

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

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: