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GE WattStationTM Connect Service Agreement
Service Option Packages
Catalog Number
EV Service - Corporate HQ
EVSWWC121
EV Service - Fleet Management
EVSWWC122
EV Service - Commercial Property
EVSWWC123
EV Service - Master package
EVSWWC124
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SERVICE OR
SIGNIFYING YOUR ACCEPTANCE BY CLICKING THE APPROPRIATE DIALOG BOX. REGISTERING YOUR
WATTSTATION, CLICKING THE APPROPRIATE DIALOG BOX OR USING ANY PART OF THE WATTSTATION
CONNECT WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT
AGREE WITH THEM, PROMPTLY RETURN THE WATTSTATION UNUSED ALONG WITH ANY OTHER
RELATED ITEMS THAT WERE INCLUDED IN THE SAME ORDER FOR FULL CREDIT.
You, as the Customer, agree as follows:
1. DEFINITIONS
“GE” shall mean the General Electric Company business unit providing the WattStation Connect
Service to Customer pursuant to this Agreement, Industrial Solutions.
“Service” shall mean WattStation Connect Service provided by GE under this Agreement.
“WattStation” or “Hardware” shall mean WattStation Electric Vehicle Supply Equipment.
“You” or “Your” shall mean the person or entity that owns the WattStation that is served by this
Agreement, or that person’s or entity’s authorized party.
2. WATTSTATION CONNECT AND YOUR SERVICE
Your Service Terms and Conditions are part of this agreement, and can be found by clicking on the
“Terms” hyperlink located at the bottom of the WattStation Connect web site, www.gewattstation.com.
A Service subscription is required for each WattStation (“Hardware”) unit purchased. For example, if
You purchase ten (10) WattStations, You will be required to pay for ten (10) subscriptions. The Service
features will depend on the type of account selected and purchased with the Hardware. The Service
options are shown in the summary table below and are required to activate and use your Hardware. If
Your Hardware is equipped with 3G cellular capability, no additional cellular service data plan is
required. For a detailed list of the Service features and Hardware specifications, please visit our website
www.geindustrial.com/ev or contact Your local certified installer or distributor to obtain a brochure.
3. ACCEPTANCE
You accept this agreement by clicking “I Accept” when presented with this Agreement upon Your first
login to the Service.
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When You accept, You are representing that You are at least 18 years old and are legally able to enter a
contract. If You are accepting on behalf of the owner of the WattStation, You are representing that You
are authorized to bind that person or entity, and where the context requires, You or Your means that
person or entity. By accepting, You are agreeing to every provision of this Agreement whether or not
You have read it.
4. PAYMENT FOR SERVICE AND RENEWAL
Your initial one (1) year Service subscription will be invoiced in addition to the Hardware, at the time of
original order. Each year, approximately sixty (60) days prior to the renewal anniversary, You will
receive an email notice detailing Your selected Service Option Package, annual fee and date the renewal
payment will be due. If we don't get Your payment on time, per the date specified in the annual Service
renewal email, for each calendar month, or fraction thereof, that payment is late, we will charge You a
late fee of up to 1.5 percent per month (18 percent per year) on the unpaid balance, or a flat $3 per
month, whichever is greater, as permitted by law in the state of your billing address. Late fees are part
of the rates and charges You agree to pay us. If You fail to pay on time and GE refers Your account(s) to
a third party for collection, GE will charge a collection fee at the maximum percentage permitted by
applicable law, but not to exceed 18 percent, to cover collection related costs. Your service may be
suspended or terminated if You do not pay on time. You may have to pay a $15-$35 fee to reactivate or
reconnect the Service if Your Service is suspended or terminated for nonpayment or any other reason.
5. PROCESSING PAYMENT FOR CHARGING EVENTS
When You initially setup your Service, You will have the option to link Your existing Business PayPal™
account to the Service or create a Business PayPal account to be used exclusively for Your WattStation
Electric Vehicle (“EV”) charge payments. Every EV charge payment processed through this option will be
subject to a 7.5% charge (cannot change), payable to GE. This payment facilitation commission is in
addition to the standard PayPal Merchant Fees.
6. CANCELLATION OR UPGRADES
You may cancel this Agreement within 7 days of acceptance (or as provided by law in the state of Your
billing address). To cancel, You must return the WattStation unused along with any other related items
that were included in the same order for full credit.
You are agreeing to subscribe to the Service on an annual basis. You agree to pay for the entire 12
months of Service at the beginning of each one (1) year term. If You decide to cancel Your Service at
some point during the one (1) year term, You will not receive a refund for the unused portion. Instead,
Your Service will continue to be active until the end of the one (1) year term, at which time You will be
notified that Your Service is no longer available and use of the Service and the Hardware will be
suspended.
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If GE suspends Your Service for cause during the one (1) year term, You will not receive a refund for the
unused portion and You will be notified that Your Service is suspended and Your Service and Hardware
will be unavailable.
If You change or upgrade Your Hardware, You may be required to change Your Service Option Package
to a different package offered at that time.
7. PRIVACY
We collect personal information about You. We gather some information through our relationship with
You, such as information about the Hardware quantity, Hardware location and use of the Hardware.
You can find out how we use, share and protect the information we collect about You in the Privacy
Policy, available at www.gewattstation.com. By entering this Agreement, You consent to our data
collection, use and sharing practices described in our Privacy Policy, to the extent allowed by applicable
law.
8. NAMING YOUR WATTSTATION
When adding Your WattStation to the Service map as a “public” unit, You are required to provide a
name that is both professionally and socially acceptable. Inappropriate, offensive and/or obscene
names are unacceptable and GE reserves the right to change Your WattStation name or suspend Your
Service if You select a name that is inappropriate, offensive, and/or obscene, in GE’s sole judgment .
9. GLOBAL WATTSTATION MAPPING
You have the ability to select whether Your Hardware is public or private, which solely determines how
it will be displayed on the Service map and the maps provided to our third party partners. Public
WattStation will be displayed on the Service map as a single pin, with different colors for indicating
status. Private WattStations will be displayed in the Service as a single pin with a padlock. Each third
party partner may choose to display public or private status in a different manner.
10. CHANGES TO PRICING OR SERVICE
GE may modify pricing or Your Service at any time with notice to You, and upon receipt of such notice,
You will be required to accept the terms of such modified pricing or Service in order to continue using
the Service. Modifications to the Service price (annual fee) shall not increase by more than three
percent (3%) per year.
11. TAXES, FEES AND SURCHARGES
If You have enabled the “pay-for-charge” options in Your Service, You accept responsibility for all taxes
and similar fees related to the point of sale transaction except where GE has obligations explicitly
defined by applicable laws or third party agreement.
12. DISPUTE RESOLUTION
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All disputes arising in connection with this Agreement, including any question regarding its existence or
validity, shall be resolved in accordance with this section. If the dispute is not resolved within thirty (30)
business days after the giving of notice, or such later date as may be mutually agreed, either party may
commence arbitration or court proceedings, in accordance with the following:
(a) If You are domiciled in the United States, legal action shall be commenced in federal
court with jurisdiction applicable to, or state court located in, either Cobb County, Georgia or
the location of Your domicile; or
(b) If You are domiciled outside the U.S., the dispute shall be submitted to final and binding
arbitration under the International Institute for Conflict Prevention & Resolution (“CPR”) Rules
for Non-Administered Arbitration of Business Disputes in effect at the time of Your acceptance
of this Agreement by a single arbitrator appointed in accordance with the Rules. The arbitration
proceeding shall take place in New York, New York and shall be governed by the laws of New
York, in accordance with Section 23. The arbitration shall be conducted in English. In reaching
their decision, the arbitrator shall give full force and effect to the intent of the parties as
expressed in the Agreement, and if a solution is not found in the Agreement, shall apply the
governing law of the Agreement. The arbitrator shall not be requested nor shall they have the
power to render any decision or award except as provided in the preceding sentence or as may
otherwise be specifically provided herein. The prevailing party will be entitled to an award of all
fees, costs and expenses of the arbitration and the arbitrator. You agree that any suit, action or
proceeding required to enforce any arbitration award rendered pursuant to this Section may be
brought in the courts sitting in New York, New York, and You irrevocably submit to the
jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment. The
decision of the arbitrator shall be final and binding upon both parties, and neither party shall
seek recourse to a law court or other authority to appeal for revisions of the decision.
13. SUSPENSION AND TERMINATION
GE reserves the right to limit, suspend or terminate Your Service for cause if You or Your authorized
representatives: (a) breach this Agreement or Terms and Conditions or Privacy policy; (b) use Your
Service for any illegal purpose; (c) do not pay annual Service fee; or (d) use Your Service in a way that
negatively affects our network or other customers. Termination of this Agreement will not relieve You
of any claims against You that arise under this Agreement before the Agreement is terminated. Sections
12, 14, 15, 18, 19, 20, 21, 22, 23 and 24 shall survive the termination of this Agreement.
14. WARRANTY DISCLAIMER
GE DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE,
ACCURACY, RELIABILITY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GE
DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE IS
COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR THAT THE OPERATION
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OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GE OR A GE AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW CERTAIN WARRANTY
LIMITATIONS, SO THE LIMITATIONS SET FORTH IN SECTIONS 15 AND 22 MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY.
WHETHER UNDER ANY WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE
THEORY, THE FOLLOWING WILL APPLY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SERVICE:
(a) NEITHER GE NOR THE THIRD PARTY PARTNERS WILL BE RESPONSIBLE OR LIABLE TO YOU
OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF
REVENUES, LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, INACCURACY OF INFORMATION
PROVIDED BY THE SERVICE, AND/OR IDENTITY THEFT;
(b) NEITHER GE NOR THE THIRD PARTY PARTNERS WILL BE RESPONSIBLE OR LIABLE TO YOU
OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, RELATING IN ANY WAY TO ANY PARTICULAR
WATTSTATION;
(c) NOTHING IN THIS AGREEMENT CREATES, PROVIDES OR IMPLIES ANY RESPONSIBILITY OR
LIABILITY BY GE OR THE THIRD PARTY PARTNERS FOR THE WATTSTATION ITSELF. FOR
AVOIDANCE OF DOUBT, GE HAS NO LIABILITY EXTENDING BEYOND THE SERVICE ITSELF; AND
(d) GE’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT
FOR ANY AND ALL DAMAGES IS LIMITED TO THE AMOUNT PAID TO GE FOR YOUR SELECTED
SERVICE OPTION PACKAGE . THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL
SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16. EXPORT CONTROLS.
This Service is hosted on a U.S.-based server and may not be used in connection with any activity
involving a country sanctioned by the US Government. This Service and all products associated with it
are the products of U.S.-origin technology and therefore subject to, among other laws and regulations,
the export control laws and regulations of the U.S., including, but not limited to, 10 CFR Part 810 and
U.S. Export Administration Regulations. All transactions involving the materials, services, technical data,
technology, software or other technical information or assistance furnished by GE and its affiliates, or
any good or product resulting therefrom, shall be subject to and conditioned upon recipient's
compliance with all applicable export control laws and regulations, including those of the U.S.
government, and any amendments thereof. You hereby agree that You shall not, except as said
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applicable laws and regulations may expressly permit, make any use or disposition by way of
transshipment, re-export, diversion or otherwise, of any goods and technical data (including computer
software) or the direct product thereof, supplied by GE or its affiliates. You shall not export, or allow the
export or re-export of the Service in violation of any applicable laws or regulations. By using the Service,
You agree to the foregoing and represent and warrant that You are not located in, under the control of,
or a national or resident of any restricted country. Your obligations to comply with all applicable export
control laws and regulations shall survive any termination or discharge of any other contract obligations.
17. EXCUSABLE EVENTS
GE shall not be liable or considered in breach of its obligations under this Agreement to the extent that
its performance is delayed or prevented, directly or indirectly, by any cause beyond its reasonable
control, or by armed conflict, acts or threats of terrorism, epidemics, strikes or other labor disturbances,
network providers, telecommunications providers, shortages of or inability to obtain energy, raw
materials or supplies, or acts or omissions of any governmental authority or of You.
18. WAIVER AND SEVERABILITY
Any express waiver or failure to exercise promptly any right under this Agreement will not create a
continuing waiver or any expectation of non-enforcement. Moreover, all waivers under this Agreement
shall be in writing to be effective. If any provision of this Agreement is found to be invalid or
unenforceable, such provision shall be ineffective only to the extent that it is in contravention of
applicable laws, without invalidating the remaining provisions of the Agreement. As an alternative, such
provision may be reformed, but only to the extent necessary to make it enforceable.
19. ASSIGNMENT
GE may assign its rights and obligations under the Agreement, in whole or in part, to any GE affiliate or
to any party without your consent (cannot change; this is mainly for our ability to assign our receivables
as we see fit). You may assign your rights under this Agreement only with a transfer of ownership of the
WattStation to which this Agreement serves and the assignment is not complete until the new assignee
registers the change in WattStation ownership with GE. Any other attempt by You to assign rights in this
Agreement will be void.
20. NOTICES
GE may send notices to you from time to time. These notices will be considered received immediately if
we send them to any email or fax number You have given us, or after three (3) days if we mail them to
the most current address You have provided. If You need to send notices to us, please send them to the
Customer Service email address provided at the “Contact Us” hyperlink on www.gewattstation.com. If
You wish to contact us directly, please email wattstation.support@ge.com.
21. AGREEMENT PRIORITY
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In the event of a conflict between the Agreement and the Term and Conditions or the Privacy Policy, the
Agreement shall control.
22. LIMITATIONS OF ACTIONS
You shall not bring any action against GE arising out of or related to this Agreement or the subject
matter hereof more than one (1) year after the occurrence of the event that gave rise to such action.
23. GOVERNING LAW
This Agreement shall be governed by and construed under New York law without regard to the Uniform
Computer Information Transactions Act. Choice of law rules and the United Nations Convention on
Contracts for the International Sale of Goods will not apply.
24. ENTIRE AGREEMENT; ACKNOWLEDGEMENT AND EXCLUSIVITY
You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms
and conditions. You further agree that this Agreement is the complete and exclusive statement of the
agreement between You and GE regarding the subject matter of this Agreement, and that this
Agreement supersedes all prior or contemporaneous oral or written communications, proposals,
representations, and any other communication between You and GE relating to the subject matter of
this Agreement. GE may modify the Agreement at any time with notice to You, and upon receipt of such
notice, You will be required to accept the terms of such modified Agreement in order to continue using
the Service.
Revision Date: June 29, 2012
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