ChargeNow by EVgo Terms of Service

Terms of Service

ChargeNow by EVgo
Pay As You Go; Annual Pass; and Certified Pre-Owned (CPO) Programs

Effective Date: January 24, 2017

Please read these Terms of Service carefully.

General: The ChargeNow by EVgo Programs described below (each, a “Program”) allow eligible BMW plug-in electric vehicle owners in the eligible markets below to use their ChargeNow cards to access certain participating EVgo and other charging stations at preferential rates.

Programs

Pay As You Go

  Eligible Vehicles DC Fast (CCS) Rate (Session +Variable) Level 2 Rate
Each Session Variable Rate
Pay As You Go (DC Fast (CCS) & L2) BMW i3
(DC Fast-capable)
$2.95 $0.15/minute $1.20/hour
Pay As You Go
(L2 only)
All other non DC-capable BMW plug-in vehicles N/A
(Regular EVgo rates apply)
$1.20/hour
Enrollment period currently scheduled to expire December 31, 2017; pricing shall remain in effect for at least one year following enrollment.

Annual Pass & Certified Pre-Owned (CPO)*

  Eligible Vehicles DC Fast (CCS) Charging Level 2 Charging
Included Duration Price Beyond Included Duration Included Duration Price Beyond Included Duration
Annual Pass / CPO
(DC Fast (CCS) & L2)
BMW i3
(DC Fast-capable)
30 mins $0.15/minute 1 hour $1.20/hour
Annual Pass / CPO
(L2 only)
All other non DC Fastcapable BMW plug-in vehicles N/A
(Regular EVgo rates apply)
2 hours $1.20/hour
Enrollment period currently scheduled to expire December 31, 2017; terms of the Program are effective for one year following enrollment.

Eligible CPO owners purchased a Certified Pre-Owned BMW vehicle from a participating BMW iCenter*

All charging time is calculated based on time plugged into the vehicle, regardless of whether electricity is flowing.

Enrollment

The Program is open to customers who purchase or lease a BMW plug-in electric vehicle and who enroll in a Program at ChargeNowUSA.com by providing your contact information, the VIN for an eligible vehicle, and payment card information, then indicating your acceptance of these Terms of Service and EVgo’s Terms and Conditions of Service and Arbitration Schedule.
By enrolling in the Program, you will be entitled to use your ChargeNow card to access charging sessions for your eligible BMW plug-in vehicle at charging stations owned and/or operated by EVgo Services LLC (“EVgo”) and other participating stations (collectively, the “Program Stations”), during the term that your Program is effective and upon these Terms of Service and EVgo’s Terms and Conditions of Service and Arbitration Schedule. (available at https://www.evgo.com/terms-service/).

Usage Restrictions & Requirements

By obtaining any charging services under a Program, you hereby agree to the following:

  • Your ChargeNow card may only be used for the BMW plug-in vehicle associated with the Program you enrolled in.
  • You agree to comply with any policies and regulations of the owner of the property on which Program Stations are located.
  • You agree that the Programs are for personal use only and not available for use in commercial enterprise or for financial gain.
  • You agree that EVgo may share information related to your account and usage of the Program Stations with ChargePoint, Inc. and BMW, including start and end times, electricity delivered, and other related information.

You also agree and acknowledge that a charging session activated within sixty (60) minutes following the end of a previous charging session may be treated as part of the previous session for billing purposes (including incurring applicable ongoing variable rates), except when ending a DC Fast session and moving to a Level 2 session (as part of a plan that includes both charging types). You agree that you are responsible for all fees, charges or penalties assessed as a result of such extended sessions.

Markets:

Albany , NY Madison, WI
Atlanta, GA Miami, FL
Austin, TX Milwaukee, WI
Bakersfield, CA Monterey, CA
Baltimore, MD Nashville, TN
Boston, MA New Haven, CT
Burlington – Montpelier, VT New York Tri-State (NY, NJ, CT)
Charleston, SC Orlando – Daytona, FL
Charlotte, NC Palm Springs, FL
Chattanooga, TN Philadelphia, PA
Chicago, IL Phoenix, AZ
Cincinnati, OH Pittsburgh, PA
Cleveland – Akron, OH Portland, ME
Colorado Springs, CO Portland, OR
Columbia, SC Providence, RI
Columbus, OH Raleigh, NC
Dallas – Ft. Worth, TX Reno, NV
Denver, CO Sacramento, CA
Detroit – Ann Arbor, MI Salt Lake City, UT
Fayetteville-Bentonville* (*Single charger) San Diego, CA
Fresno, CA San Francisco, CA
Ft. Lauderdale – Boca Raton, FL Santa Barbara, CA
Greenville, SC – Asheville, NC Seattle, WA
Harrisburg – York, PA Spokane* (*Single charger)
Houston, TX Springfield-Holyoke* (*Single charger)
Jacksonville, FL St. Louis, MO
Knoxville, TN Tampa – Clearwater, FL
Las Vegas, NV Tucson, AZ
Los Angeles, CA Vero Beach* (*Single charger)


Termination
: You may terminate your participation in a Program at any time and for any reason, but you shall not be entitled to any refund in whole or in part of any prepaid fees. Upon termination, you will no longer be provided with access to the Program Stations through your ChargeNow card.

EVgo may terminate your participation in the Program at any time upon your violation of these Terms of Service, or as otherwise set forth in EVgo’s Terms and Conditions of Service.

Changes: EVgo and BMW each reserves the right to change the terms of these Terms of Service at any time by providing written notice to you, which, for these purposes, shall include an email sent to the email address you have on file with EVgo. You will be deemed to have received such notice ten (10) days after that notice is sent. You agree to all changes when you use your ChargeNow Card(s) after that date. The enrollment period and any period of guaranteed pricing for new Program participants may be reduced or extended from time to time at EVgo and BMW’s sole discretion, without notice.

Non-transferable: This offer is personal to the enrollee and is not transferable. Offer is not redeemable for cash.

DISCLAIMER OF WARRANTIES: NEITHER EVGO NOR BMW PROVIDE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO YOUR USE OF THE PROGRAM STATIONS, AND SUCH USE BY YOU IS AT YOUR SOLE RISK. EVGO AND BMW EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER EVGO NOR BMW MAKES ANY WARRANTY THAT (i) THE PROGRAM CHARGING STATIONS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (ii) THE OPERATION OF THE CHARGING STATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Indemnity: You agree to release, indemnify, protect, and hold harmless BMW, EVgo, ChargePoint and each of their respective subsidiaries, affiliates, dealers and distributors, and each of their respective directors, officers, employees, and agents (collectively, the “Indemnitees”) from all liability for any loss, cost, damage, injury (including death), liability, and claims (“Claims”) to persons (including death) or property arising from or related to your use, misuse or misapplication of the Program charging stations or otherwise for your negligence or misconduct. In providing this release, you certify that you understand and agree that none of the Indemnitees has any liability of any kind to you, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise for any injury you may suffer as a result of a Program charging station.

Governing Law: These Terms of Service shall be interpreted in accordance with the laws of the State of New Jersey excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law provisions that would require application of another choice of law. If any term of these Terms of Service is found to be invalid, such invalidity shall not affect the validity of the remaining terms.

Arbitration: EVgo’s Terms of Service and Arbitration Schedule contain provisions that limit its liability, limit your right to seek certain damages from EVgo and require that disputes between you and EVgo be resolved in arbitration without the opportunity for you to join a class action or to seek a jury trial. They are available at https://www.evgo.com/ev-drivers/customer-resources/evgo-customer-forms/, or any successor web page thereto, and are made a part hereof and incorporated herein by this reference. PLEASE READ EVGO’S TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES YOU AGREE TO BE LEGALLY BOUND BY EVGO’S TERMS OF SERVICE AND THAT YOU HAVE ACCEPTED THE ARBITRATION SCHEDULE.

Communications: Please address all inquiries and notices to Customer Service:

Email:              support@evgo.com

Phone:             (855) 509-5581

Address:         11390 W. Olympic Blvd
                           Suite 250
                           Los Angeles, CA 90064