Hypervolt Limited Terms and Conditions

These Terms and Conditions govern your purchase and use of Hypervolt Limited ("Company", "we", "us", or "our") goods, services, website (https://hypervolt.co.uk), and our mobile application ("app"). By using our goods or services, you agree to these Conditions.

1. Definitions

1.1 In these Conditions:

• “Approved Installer” means a Person authorised by the Company to install, service, or maintain the Goods under the Company's applicable standards, guidelines, and policies, including any individual or entity trained or certified by the Company to perform such activities.
• "Company" means Hypervolt Limited, registered in England with number 11501984, at Level 10 West, One Canada Square Hypervolt, Level 10 West, One Canada Square, London, England, E14 5AB, or a Group company thereof.
• "Conditions" means these terms and conditions of sale and any special terms agreed in Writing between the Customer and the Company, including those in the Contract.
• "Confidential Information" means proprietary or sensitive information obtained in connection with these Conditions, the Goods and the Services, identified as confidential, would be deemed confidential by a reasonable person, or given in circumstances implying confidentiality.
• "Contract" means the contract between us and you for the provision of Goods and Services from us (and not a Distributor), as detailed in the Contract Details.
• "Contract Details" means the Company’s confirmed sales order, invoice, and/or other document setting out details of Goods, Services, prices, and commercial terms.
• "Customer" or "You" means the Person, being an (including End User, Approved Installer or Distributor for whom the Company provides Goods and/or Services (as applicable) in accordance with these Conditions.
• "Data Protection Legislation" means law in the United Kingdom as it relates to the use and handling of personal data, including the Data Protection Act 1998, the UK General Data Protection Regulation, and any successor legislation.
• “Distributor” means a Person authorised by the Company to purchase the Goods for resale or onward distribution to the Customer.
• “End User” means the Person who ultimately uses the Goods and receives the Services for their intended purpose and who has not been authorised to resell, distribute, install, or otherwise commercially exploit the Goods.
• "Goods" means the goods (including any instalment or parts thereof) supplied under these Conditions, as described in the Contract Details, including electric vehicle chargers and related hardware.
• "Group" means any subsidiary or holding company of a party, or a subsidiary of such holding company, per Section 1159 of the Companies Act 2006.
• "Person" means an individual, body corporate, limited partnership, or other partnership.
• "Premises" means the premises where Goods are installed or supplied.
• "Services" means the services provided by the Company to the Customer, as described in the Contract Details, including where applicable access to its app, website, customer support, Smart Charging (Ultra Mode), Grid Support (Ultra Mode), and other services provided by the Company.
• "Smart Charging" (Ultra Mode) means functionality that optimizes charger schedules based on energy prices, carbon intensity, or grid demand, including features for cost savings or rewards also known as Ultra Mode
• "Grid Support" (Ultra Mode) means programs that adjust charger schedules to support grid stability, such as during peak demand also known as Ultra Mode
• "Writing" includes facsimile transmission, emails, and app notifications.

1.2 In these Conditions any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. Parties

2.1. The parties to these Conditions are the Company and the Customer. Transactions are between principal and principal and subject to these Conditions.

2.2. Where the Goods are purchased through a Distributor, all matters relating to the placing of orders, payment terms, warranties, delivery, and returns shall be governed by the applicable agreement between the Customer and the Distributor. For the avoidance of doubt, the Company shall not be responsible for the acts, omissions, or obligations of the Distributor in relation to such matters. The Distributor acts as an independent third party.

2.3. All other terms of these Conditions, including those relating to liability, installation and use of the Goods and Services, shall apply as between the Company and the Customer.

3. Variations

The Contract Details cannot be varied, altered, or cancelled unless agreed in Writing by authorised representatives and signed by both parties. The Company may amend these Conditions by written notice to the Customer by email or otherwise or by publishing updated Conditions on its website or app, effective 28 days after publication or notice (as applicable).

4. Waivers

Any concession, latitude, or waiver by the Company applies only to the specific extent covered and does not prevent the Company from exercising its full rights under the Contract and these Conditions.

5. Acceptance of Orders

5.1 Quotations and price/product lists are subject to withdrawal or alteration without notice and do not constitute an offer.

5.2 No order is accepted, and the Contract does not form, until the Company issues a written confirmation including by way of email, phone call and/or chat messaging platforms (including WhatsApp).

5.3 No accepted order may be cancelled without the Company’s written agreement, signed by an authorised representative, and the Customer shall indemnify the Company against all losses, costs, damages, charges, and expenses incurred.

5.4 The Company may accept or refuse orders and may cancel uncompleted orders or suspend delivery if the Customer fails to meet commitments under these Conditions and/or the Contract, including payment obligations.

5.5 The Customer is responsible for ensuring the information it provides in connection with an order is accurate (including specifications) and shall provide necessary information in a timely fashion.

5.6 The quantity, quality, description, and specification of Goods and Services are as set out in the Contract Details or, if absent, the Company’s quotation, with Contract Details prevailing in case of inconsistency.

5.7 The Company may change Goods’ specifications to comply with safety or statutory requirements or, if supplied to the Company’s specification, without materially affecting quality or performance.

5.8 Where you are a consumer and have concluded a Contract at a distance or off-premises, you may cancel your order within 14 days of receiving the Goods, per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, by emailing support@hypervolt.co.uk. Where you cancel a Contract in accordance with this clause, we will refund the purchase price within 14 days of receiving the returned Goods in original condition.

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6. Representations

6.1 Company employees or agents are not authorised to make legally binding representations unless confirmed in Writing and signed by a Company director.

6.2 The Customer acknowledges it does not rely on unconfirmed representations and waives claims for breach of such representations.

6.3 The Company may correct typographical, clerical, or other errors in sales literature, quotations, price lists, invoices, or other documents without liability.

6.4 Advice or recommendations on installation, storage, application, or use of Goods, if not confirmed in Writing, are at the Customer’s risk, and the Company is not liable.

7. Specification

7.1 The Company may vary Goods’ specifications to improve them without reference or liability to the Customer.

7.2 The Customer must ensure it fully understands the Goods’ specification.

7.3 The specification is as per the Company’s confirmation of order and Contract Details, subject to subsequent written amendments agreed with the Customer.

7.4 If the Customer intends to return the Goods e.g Approved Installer, Distributor or end customer the Customer must:

• Store the Goods in a secure, safe location, ensuring they are protected from environmental damage and adhering to environmental specifications.
• Return the Goods within the specified timeframe, including as indicated by the ‘re-charge by’ date on packaging, at the Customer’s cost.
• Handle, store and transport Goods, in accordance with our reasonable instructions and the package instructions, in its original packaging.

Failure to comply with these requirements may impact the Customer's entitlement to return the Goods or claim a refund.

8. Carriage and Packaging

8.1 Unless stated in Writing, prices exclude postage, packing, and delivery, payable by the Customer.

8.2 The Company may pack Goods as it deems fit, taking reasonable care.

9. Price

9.1 Prices exclude VAT and other taxes.

9.2 The price is as quoted, valid for 30 days unless otherwise stated.

9.3 The Company may increase prices before delivery to reflect cost increases beyond its control (e.g., currency fluctuations, material costs), changes in delivery dates, quantities, specifications requested by the Customer, or delays due to Customer instructions or inadequate information.

10. Payment

10.1 Unless otherwise agreed in Writing, payment for the Goods is due as follows: 50% on order placement and 50% upon the Company’s notice that Goods are ready for delivery. Account customers follow agreed payment terms.

10.2 Payment is deemed made only when cleared funds are received by the Company.

10.3 If the Customer fails to take delivery or provides inadequate delivery instructions, the Company may invoice upon notifying readiness for collection or tendering delivery.

10.4 If the Customer fails to pay the associated fees under an order by the due date for payment, the Company may:

• Suspend the Contract and cancel further deliveries;
• Appropriate payments to any Goods or contracts as it sees fit;
• Cancel the Contract and claim liquidated damages for costs, losses, lost profit, and administrative overheads, less payments received; and/or
• Sue for the invoice value, less payments received. 

10.5 Late payments incur interest at 5% per annum above the Bank of England base rate from time to time, calculated daily, until paid in full. 

10.6 The Customer may not withhold payment due to complaints unless the Company receives a written complaint and issues a credit note.

11. Collection

11.1 If debt collection is pursued, the Customer shall pay the Company’s costs, including legal fees, on an indemnity basis.

11.2 The Company may charge for costs incurred in collecting outstanding sums, including legal fees and bank charges for returned cheques.

12. Delivery

12.1 Delivery of the Goods occurs at the Customer’s Premises or another location agreed in Writing at order time, or at the Company’s premises if collected. Delivery dates are approximate, and the Company is not liable for delays. Time for delivery is not of the essence.

12.2 Goods may be delivered in instalments, each constituting a separate contract. Failure to deliver one instalment does not entitle the Customer to repudiate the entire Contract.

12.3 The Company may withhold delivery if the Customer exceeds or would exceed its credit limit.

12.4 A signed delivery, collection, or acceptance note by the Customer or its agent is absolute evidence of delivery or collection.

12.5 If the Customer postpones or delays delivery/installation, the Company may charge for additional expenses incurred.

12.6 Risk of loss or damage to Goods transfers to you upon delivery. Installation of the Goods must be performed by our approved engineers. You must provide safe access, a compliant electrical system, and all necessary consents in order for us to supply the Goods and the Services and for the Goods to be installed. The Company disclaims all liability for any faults, defects, damage, or non-performance of the Goods and Services arising directly or indirectly from your failure to comply with any provision of this clause. Such non-compliance will render any applicable warranties provided by the Company null and void. You are solely responsible for any loss, damage, or additional costs incurred as a result of your non-compliance with this clause..

13. Installation

13.1 The Company supplies only work and materials in the Contract specification. The Customer is responsible for ensuring Premises suitability and post-installation repairs, including re-decoration.

13.2 The Customer must clear and prepare the installation area. If the Company provides labour for this, the Customer pays the Company’s charges.

13.3 The Company does not widen apertures or perform structural alterations.

13.4 The Company performs only necessary wiring, electrical, plumbing, or heating work for Goods installation.

13.5 The Customer is responsible for the safety of materials and part-completed installations, liable for theft or damage, and must hold adequate insurance.

13.6 Unless agreed in Writing, the Company does not perform decorating work or cover damage to plastering, tiling, or decorations.

13.7 The Customer must provide access to the Premises at reasonable times for installation.

13.8 The Customer allows free use of Premises services for installation.

13.9 Goods are considered delivered upon delivery per Clause 12, even if the Company installs them.

13.10 Customers must ensure Goods are installed by the Company or an Approved Installer per the Company’s Approved Installer practices, or shall otherwise be liable for all liability, loss and damages arising from poor installation.

14. Delegation

The Company may employ sub-agents, sub-contractors, or third parties to perform its obligations. Their acts or omissions are deemed the Company’s.

15. Storage Charges

15.1 If the Customer fails to take delivery of Goods or provide adequate delivery instructions (except due to Company fault), the Company may:

• Store the Goods and charge the Customer reasonable storage costs, including insurance.
• Sell the Goods at the best obtainable price, accounting for excess or charging the Customer for shortfall after deducting storage and selling expenses.

16. Claims and Damages

16.1 Subject to clause 16.3, the Company endeavours to deliver Goods per agreed specifications, warranting reasonable quality and finish of the Goods per trade standards for 3 years, unless otherwise agreed in Writing. Goods carry the manufacturer’s warranty unless specified. 

16.2 Subject to clause 16.3, the Company will rectify defects due to faulty materials under proper use, notified in Writing immediately, within one year post-installation. 

16.3 The Company is not liable for defects in Goods arising from:

• Customer-supplied drawings, designs, or specifications.
• Materials, designs, or processes by non-Company parties or as requested by the Customer, limited to manufacturer warranties.
• Fair wear and tear, wilful damage, negligence, improper use, maltreatment, or unapproved alterations/repairs.
• Continued use after defect discovery. 
• Installation of the Goods not performed by the Company or its Approved Installers, or carried out in a manner that does not comply with the Company’s or the manufacturer’s written installation guidelines.

16.4 For defective Goods, the Company’s liability is limited to replacing the Goods, rectifying defects, or issuing a refund/credit note, at its discretion, with no further liability to the Customer. 

16.5 Defect claims require written notification within 7 days of receipt of the Goods or, if not apparent, within a reasonable time after discovery, with defective Goods returned at the Customer’s expense in original packaging if requested. If the Customer fails to give notice in accordance with this clause 16.5, it shall be deemed to have accepted the Goods.

16.6 The Company is not liable for indirect losses or third-party claims from delivery delays or transit issues, whether due to negligence or otherwise. 

16.7 Claims for damage, delay, partial loss, non-delivery, or quantity issues must be notified in Writing within 3 days of delivery (or 7 days from despatch for non-delivery), with claims made within 7 days of delivery (or 14 days from despatch for non-delivery). Other claims require notification within 3 days of delivery. The Customer’s non-compliance with this clause 16.7 voids liability for the Company unless the Customer proves it was impossible for it to meet the timescales and notifies/claims as soon as possible. 

16.8 The Company is not liable for defects from unsuitable storage conditions by the Customer. 

16.9 The Company is not liable for non-fraudulent representations, implied warranties, or common law/statutory duties, nor for:

• Loss of profits, savings, revenue, data, contracts, goodwill, or downtime costs.
• Special, indirect, or consequential losses, even if advised of the possibility.
• Claims brought by the Customer exceeding the greater of: (i) £1,000 and (ii) fees paid by the Customer in the prior 12 months. 
• Any loss, damage, claim, expense, cost incurred or suffered by you caused by any Approved Installer or Distributor, except where the same arises directly from our breach of contract, negligence, or any other liability which cannot be excluded under applicable law.

16.10 The Customer indemnifies the Company against losses, damages, costs, or expenses from infringement claims or libel/illegality due to Customer-supplied specifications or data. 

16.11 The Company is not liable for any loss, damage, cost, or claim incurred by the Customer or any third party as a result of acts, omissions, negligence, or misconduct by any Approved Installer during the installation, use, or maintenance of the Goods. Approved Installers act entirely independently and are not our agents, employees, or representatives. The Customer indemnifies the Company against losses or third-party liabilities during installation, except where caused by Company negligence. 

16.12 The Company is not liable for advice or views given, requested or not. 

16.13 Approved Installer recommendations are made in good faith without Company liability or agency. 

16.14 A reference to ‘liability’ in these Conditions refers to all liability arising out of or in connection with these Conditions and the Contracts, whether in contract, tort (including negligence), for a breach of statutory duty or otherwise. Nothing in these Conditions excludes the Company’s liability for death, personal injury from negligence, fraud, or other non-excludable legal liabilities.

17. Retention of Title

17.1 The Customer warrants it is not insolvent, has not committed bankruptcy, and no winding-up or receivership proceedings exist.

17.2 Risk in the Goods shall pass to the Customer on delivery, and the Customer must insure the Goods accordingly. Insurance proceeds for loss/damage before full payment are held in trust for the Company to cover outstanding amounts.

17.3 Title remains with the Company until full payment for Goods and all other sums due are received in cleared funds.

17.4 The Customer holds Goods as the Company’s fiduciary agent and bailee, storing them identifiably and separately.

17.5 If the Customer sells Goods before title passes, it does so as principal at the best obtainable price, holding proceeds in a separate account for the Company until debts are paid, not using proceeds until discharged.

17.6 The Company may enter the Customer’s premises to recover Goods if title remains, with the Customer indemnifying the Company for related losses or third-party claims.

17.7 Attaching Goods to other property does not affect Company ownership if removable without significant damage.

17.8 If payment is late, the Company may recover Goods or sue for the price, damages, and costs.

17.9 These Conditions do not limit the Company’s alternative remedies for non-payment or breach.

18. Termination

18.1 The Customer may not cancel the Contract unless agreed in Writing. Unauthorized cancellation allows the Company to treat the Contract as repudiated, with the Customer liable for liquidated damages covering costs, losses, lost profit, and overheads, less payments received.

18.2 The Company’s estimate of damages is final and binding.

18.3 The Company may terminate or suspend the Contract without liability if unable to deliver or perform due to any cause or event beyond its reasonable control.

18.4 The Company may cancel uncompleted orders or suspend delivery if the Customer exceeds credit limits.

18.5 The Company may terminate these Conditions or any Contract for Customer non-compliance of these Conditions or the Contract, preserving other claims or remedies.

18.6 If the Customer faces bankruptcy, insolvency, winding-up, receivership, or administration:

• The Company may cancel existing and future deliveries and/or terminate any and all Contracts and these Conditions.
• All sums for delivered Goods and expenses become immediately due.
• The Company may cancel other contracts or recover its Goods without notice.

18.7 You may opt out of Smart Charging (Ultra Mode) / Grid Support (Ultra Mode) via app settings or support@hypervolt.co.uk, which may limit features like rewards but does not affect manual Product use or warranty rights. We may terminate your participation to Smart Charging or Grid Support for false information, disconnected smart meter or charger, relocation, conflicting grid services, or technical/security risks. We may end Smart Charging or Grid Support without notice, with no obligation to store your data afterward. Rewards are limited to amounts received from grid operators and are not guaranteed. Re-registration and the resumption of the Smart Charging or Grid Support after opting out is at the Company’s discretion. Rewards cannot be withdrawn until the available reward is greater than or equal to 10 GBP. Rewards will be distributed to customers every 90 days once fully settled via the grid operators.

19. Force Majeure

19.1 If performance of these Conditions and the Contracts is affected by lack of transport, materials, restrictions, strikes, riots, acts of God, supplier refusals, or other causes or events beyond the Company’s control, the Company may:

• Terminate the affected Contracts.
• Perform its obligations within a reasonable time with appropriate variations, without liability for Customer losses.

20. Consents

The Customer is responsible for obtaining all consents for Goods installation and storage and ensuring compliance with by-laws, regulations, or statutes.

21. Severability

If any Condition is void or unenforceable, it is deleted, and the remaining Conditions remain in effect.

22. Assignment

The Contract is personal to the Customer, who may not assign or transfer rights without the Company’s written consent, signed by a director. The Company may assign or transfer its rights or obligations under this agreement without notice or the Customer’s approval.

23. Notices

Notices from the Customer must be in Writing to the Company’s trading address. Notices from the Company are in Writing to the Customer’s address in Contract documents.

24. Rights of Third Parties

No third party has rights to enforce these Conditions under the Contracts (Rights of Third Parties) Act 1999.

25. Conflict

These Conditions prevail over conflicting Customer terms unless the Company agrees in Writing, signed by a director.

26. Intellectual Property

26.1 All intellectual property rights in Goods and Services, including the app, software and documents, remain with the Company and/or its licensors, who may enforce these Conditions directly.

26.2 Save in respect of Goods where the title has passed to the Customer, all information and materials exchanged remain the property of the originating party and must be returned upon Contract termination if requested.

27. Confidentiality

27.1 Neither party may use or disclose Confidential Information to third parties except to contractors, suppliers, or agents needing it for Contract performance, who agree to confidentiality.

27.2 Confidentiality does not apply to information in the public domain (except by breach of confidentiality obligations), known prior to the Contract, lawfully received from third parties, or required by court order.

27.3 Confidentiality obligations last for the duration of these Conditions and survive for a period of three years post-termination of these Conditions.

28. Liability for Third Parties

The Company is not liable for acts or omissions of utility or telecommunication service providers unless specifically engaged as subcontractors for Contract performance.

29. Data Protection

29.1 The Company shall collect and process the Customer’s personal data in accordance with our Privacy Policy available at https://www.hypervolt.co.uk/privacy-policy

30. Use of Services

30.1 To use the app, you must create an account with accurate information and maintain account confidentiality. Services include Smart Charging and Grid Support (Ultra Mode), which remotely adjust charger schedules to optimize energy use and support grid stability. All eligible Hypervolt devices are automatically enrolled in Grid Support (Ultra Mode) in order to help the National Grid reduce load during times of grid stress. All eligible Hypervolt devices are automatically enrolled in Smart Charging (Ultra Mode) (including cost-saving or reward features as notified to the Customer by the Company in Writing or via the app), unless excluded by being part of a parallel flexibility scheme with their current energy supplier or opted out via app settings or support@hypervolt.co.uk. 

30.2 By using Services, you consent to data sharing with grid operators (e.g., National Energy System Operator), distribution network operators, energy suppliers such as Octopus Energy, EDF, Ovo, or partners (e.g., energy aggregators such as Axle Energy), per the Privacy Policy. To use the Services, you must be 18+, reside in Great Britain, have a working SMETS1/SMETS2 smart meter communicating with the DCC for 30 days prior to the commencement of the Services, have a registered import MPAN, and not participate in conflicting grid services. The Company may remotely update charger firmware. The Company is not liable for any loss, damage, or inconvenience caused by remote firmware updates, except to the extent arising from the Company's negligence or breach of statutory obligations.

30.3 Smart Charging (Ultra Mode) participation entitles you to rewards, subject to performance and eligibility criteria. Rewards are calculated using smart meter data, grid operator rules, and other applicable factors, and are paid by the Company via bank transfer to the Customer’s nominated UK account. Rewards are not guaranteed and are conditional on the availability of smart meter data, your continued compliance with the Services' requirements, and payment terms determined by grid operators or other third-party partners. Participation in Smart Charging (Ultra Mode) requires active and uninterrupted communication between your smart meter and the DCC. You are responsible for promptly notifying the Company of any issues affecting this communication. The Company accepts no liability for delays, inaccuracies, or changes to reward payments caused by third-party systems or grid operator rules outside its control, nor is it responsible for errors, omissions, or interruptions in these data sources that may affect reward calculations or payments.

30.4 You are responsible for ensuring the accuracy of the information provided for registration and compliance with the eligibility requirements above. If any of these conditions are not met or cease to be met, the Company may suspend or terminate your access to the Services without liability. The Company does not warrant uninterrupted or error-free operation of the Services. 

30.5 The Company reserves the right to modify or terminate any aspect of the Smart Charging rewards program at its discretion on 14 days’ Written notice.

30.6 By using the app, you agree to comply with the following restrictions: (i) you may only use the app for lawful purposes and in accordance with the terms set out in these Conditions; (ii) you must not: (a) reverse engineer, decompile, disassemble, or attempt to access the source code of the app; (b) modify, adapt, translate, or create derivative works based on the app or any part of it; (c) use the app in a manner that could damage, disable, overburden, or impair the app or its associated services, or interfere with any other party’s use of the app; (d) attempt to gain unauthorised access to the app, its servers, or any network connected to the app; (e) introduce viruses, malware, or other harmful material into the app or use it to engage in illegal or harmful activity; (f) infringe the intellectual property rights of the Company or any third party in connection with your use of the app; or (g) bypass or disable any security features or measures within the app. 

30.7 The Company provides the app on an “as is” and “as available” basis and gives no warranty, representation, or guarantee that the app will: (a) be available at all times or operate without interruption; (b) meet your specific requirements or expectations;

31. Priority of Documents

The Contract comprises:

• (a) Contract Details;
• (b) These Conditions. In conflicts, Contract Details prevail unless stated otherwise.

32. Proper Law

These Conditions and the Contract are governed by English law, with exclusive jurisdiction of the Courts of England and Wales.

33. Savings Calculations for EV-Specific Tariffs

33.1 The Company collaborates with energy providers to offer EV-specific tariffs, which may provide significant savings compared to petrol costs and standard variable tariffs. Savings will vary depending on factors such as vehicle efficiency, mileage, and tariff rates and as such are indicative.

33.2 For up-to-date details on available energy providers, tariffs, and indicative savings, please contact support@hypervolt.co.uk.

34. Contact Us

For questions, email support@hypervolt.co.uk or write to 30 Churchill Place, Canary Wharf, London, E14 9RE, United Kingdom.

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