Legal
Commercial Terms and Conditions of Service
Welcome to Brisbane EV Recharge. These Terms and Conditions ("Terms") govern the provision of mobile electric vehicle charging, Urban EV Energy Assistance, Tyre Care, concierge vehicle care, and subscription-based fleet energy delivery services ("Services") operated by Brisbane EV Recharge ("the Company", "We", "Us", "Our") to subscribers and ad-hoc commercial or consumer customers ("Customer", "You", "Your").
By checking the acceptance box on our website, registering for a subscription pool (including the Executive Flow, Silver Fleet, or Gold Fleet Pools), or requesting a mobile energy assistance service, you agree to be legally bound by these Terms. If you are entering into this agreement on behalf of a business or corporate entity, you represent that you have the authority to bind that entity to these Terms.
1. The Successful Charge Guarantee ("No Charge, No Fee")
1.1Our Core Commitment: We stand behind the reliability of our mobile delivery infrastructure. If our service vehicle arrives at your location and we are completely unable to deliver electricity into your vehicle's propulsion battery package, you will not be charged for the service.
1.2Full Waiver: Under a valid failure-to-charge event covered by this guarantee, the standard dispatch fee, call-out fee, and any associated energy tier charges are 100% waived or credited back to your account.
1.3Strict Exclusions to the Guarantee: The "No Charge, No Fee" guarantee does not apply, and you will remain liable for the full standard dispatch/call-out fee or a subscription dispatch deduction, if the failure to charge is caused by factors outside the Company's operational control, including:
(a)Damaged or Modified Customer Assets: This includes if the vehicle's charging port, internal locking mechanisms, or internal Battery Management System (BMS) is broken, faulty, physically obstructed, or non-compliant with standard Australian regulatory specifications.
(b)Inaccurate Location Information: This includes if you provide an incorrect geographic location, or the vehicle has been moved/towed away from the specified location before the arrival of our rig.
(c)Uncontactable / Unauthorized Unattended Access: This includes if the vehicle is unattended and access permissions were not arranged, or if the Customer is uncontactable via phone during the scheduled window.
1.4Urban EV Energy Assistance Eligibility (<10% SoC Gate): Urban EV Energy Assist requests made during the 5:00 PM–7:30 PM weekday limited-support period are intended for vehicles with a battery State of Charge (SoC) under 10%, or vehicles experiencing an immediate stranded condition. The Company reserves the right to charge an Ineligible Call-Out Fee ($55.00) or reschedule the session if the vehicle does not meet the applicable eligibility requirements.
2. Subscription Pool Rules
2.1Account and Service Structure: For customers utilizing our recurring commercial tiers (e.g., Executive Flow, Urban Flow, Silver Fleet, or Gold Fleet Pools), services are structured as a comprehensive business-to-business (B2B) support package. We do not retail raw electricity by the individual kilowatt-hour (kWh) as a utility. Instead, we sell a managed commercial transport support subscription that bundles dispatches, account management, and an allocated monthly energy cap.
2.2Included Charging Visit Frequency: Subscription charging visits are subject to available booking capacity. Executive Flow includes one (1) scheduled charging visit per week. Silver Fleet includes one (1) scheduled charging visit per week. Gold Fleet includes two (2) scheduled charging visits per week. Charging visits are subject to the applicable monthly energy allocation, published operating hours, and these Terms. Unused charging visits do not accumulate or roll over between billing periods.
2.3Monthly Pool Expiry ("Use-It-or-Lose-It"): Your allocated monthly energy pool is linked strictly to your billing cycle. Unused kilowatt-hours do not roll over or accumulate. Any unused balance automatically expires at the conclusion of each billing period.
2.4Dispatch Caps and Resets: Included assistance or scheduled dispatches reset fully on your monthly billing anniversary date. Any ad-hoc dispatches requested beyond your tier's monthly limitation will be billed separately at our standard subscription ad-hoc rate.
2.5Fleet Pooling Authorization: Subscription energy pools may be shared across multiple vehicles registered under the same corporate or business entity, provided that all eligible vehicle registration details have been uploaded and approved within your customer account portal prior to dispatch requests.
3. Service Boundaries, Physical Access & Authorization
3.1Geographic Service Zone & Strict Highway Exclusion: Our operational service area is within Greater Brisbane and surrounding approved service locations, as published by the Company. To comply with our commercial underwriting standards and Workplace Health and Safety (WHS) obligations, all mobile charging operations on high-speed motorways, highways, multi-lane freeways, and active arterial road shoulders are strictly prohibited. Vehicles on highways must be safely relocated via a licensed tow service to an approved, safe off-highway location before our unit can attend.
3.2Unattended Servicing Authorization: Where you request or consent to an unattended charging session, you explicitly grant the Company and its technicians express authorization and access to approach the vehicle, open or unlatch the charging port, connect high-voltage charging equipment, and perform the agreed service without you or an authorized representative present.
3.3Clearance, Ground & Public Bays: Basement and underground car parks may be serviced where the site provides a minimum height clearance of 2.2 meters, safe vehicle access, ventilation, and suitable ground conditions. Narrow alleyways lacking safe curbside parking or soft/flooded off-road ground are strictly excluded. Servicing in public loading zones or metered spaces is strictly subject to local council time limits and parking regulations; any parking fees incurred must be covered by the Customer.
3.4Secure Access & Body Corporate Approvals: Access to secure sites and body corporate approvals are governed by clauses (a) to (d) below.
(a)Mandatory Customer Swipe-In & Approvals: The Customer is solely responsible for ensuring that building management, body corporate, or facility owners permit short-stay mobile vehicle servicing within visitor bays, private allocated spaces, or commercial basements prior to booking. If the vehicle is in a gated or secure facility, the Customer or an authorized escort must provide physical entry access upon our arrival.
(b)Access Delays & Grace Period: Technicians provide a 15-minute grace period from arrival at a facility entrance. If physical access to the vehicle cannot be gained within 15 minutes due to an absent swipe-in, locked gate, body corporate rejection, or uncontactable customer, the session will be aborted and logged as a Customer Access Failure.
(c)Access Failure Penalty: Aborted sessions due to secure access failure will result in: (i) deducting one (1) full dispatch allocation for subscription clients, or (ii) forfeiting the upfront call-out fee ($199.00 GST incl.) for ad-hoc clients.
(d)Phone Contactability: For unattended sessions, the Customer must remain contactable via phone during the allocated service window in case emergency disconnections or site access adjustments are required.
3.5Scope of Work & Courtesy Inspections: The scope of on-site work is governed by clauses (a) and (b) below.
(a)Static Charging Only: All charging operations are strictly static. The Company will under no circumstances drive, relocate, steer, or move customer vehicles.
(b)Tyre & Concierge Care: Tyre Care (pressure checks, inflation) and courtesy concierge care (windscreen cleaning, washer fluid top-up) are provided for informational/convenience purposes only. They do not constitute mechanical repairs, structural assessments, or roadworthiness certifications.
4. Operator Safety and Right of Refusal
4.1Unsafe or Inaccessible Locations: In alignment with underwriting standards and WHS Queensland guidelines, Brisbane EV Recharge reserves the right to refuse, abort, or delay any charging operation if a vehicle is immobilized in a high-risk or hazardous position.
4.2Severe Weather Suspension: In accordance with WHS obligations regarding high-voltage equipment, services will be immediately suspended during severe weather events (e.g., active lightning storms, flash flooding, hail, or BOM natural disaster warnings for Greater Brisbane).
4.3Localized Hazard Abort Discretion: Technicians retain absolute operational discretion to abort or pause any service immediately if localized hazards are identified (including standing water near high-voltage connections, unstable ground, aggressive animals, or hostile third parties). Aborted sessions under this clause due to unmitigated site hazards remain subject to standard call-out fees or dispatch deductions.
5. Limitation of Liability and Pre-Existing Conditions
5.1Limitation of Operational Liability: To the maximum extent permitted by law under Australian Consumer Law, all arrival and charge duration estimates are approximations only. The Company accepts no legal or financial liability for delays resulting from traffic congestion, road closures, transport accidents, or localized peak demand.
5.2Exclusion of Consequential Loss: To the maximum extent permitted by law, Brisbane EV Recharge shall not be held liable for any indirect, incidental, special, or consequential damages, including commercial fleet downtime, lost business revenue, missed delivery deadlines, contractual penalties, or commercial disruptions.
5.3Pre-Existing Vehicle, Paint & Battery Conditions: Our mobile equipment complies with applicable Australian engineering standards. The Company accepts no liability for damage caused to a vehicle's electrical architecture, software, paintwork, or internal battery cells where such damage is caused by pre-existing vehicle faults, aftermarket modifications, pre-existing cosmetic scratches, fragile/defective port latches, or pre-existing battery cell degradation. The Customer warrants that the vehicle's charging port and locking mechanisms are intact, factory-standard, and safe for connection.
6. Payment, Recurring Billing, and Cancellation
6.1Ad-Hoc Billing: Payment for non-subscription Urban EV Energy Assistance services is due immediately upon service delivery via an approved Nayax VPOS terminal or corporate account billing.
6.2Subscription Autopay: Subscription fees are billed automatically in advance on a recurring monthly cycle using the authorized payment method on file.
6.3Subscription Cancellation Policy: Subscriptions may be cancelled at any time via your digital customer portal, taking effect at the conclusion of your current paid billing month. Pro-rata refunds or credits for partial months or unused pool allocations are not issued.
7. Cancellation and Access Failure Fees
7.1Ad-Hoc Assistance Requests: Once a Urban EV Energy Assistance request is booked and our rig has departed:
(a)Grace Period: Free cancellation within five (5) minutes of initial confirmation.
(b)Late Cancellation Fee: Cancellations made after five (5) minutes while the rig is en route incur a flat Late Cancellation Fee of $55.00 (GST incl.).
(c)No-Show Fee: If our technician arrives on-site and the Customer cancels, or if the Customer is uncontactable/missing for more than ten (10) minutes, the session is logged as a No-Show and billed at the full standard call-out fee.
7.2Subscription & Scheduled Dispatches: Rescheduling and cancellation rules for scheduled dispatches are governed by clauses (a) and (b) below.
(a)Change Window: Bookings may be rescheduled or cancelled up to two (2) hours prior to the service window without penalty.
(b)Late Adjustments: Cancellations or modifications made less than two (2) hours prior to the window will result in deducting one (1) full dispatch allocation or applying a $55.00 late-adjustment fee.
8. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them.
Brisbane EV Recharge and Rescue Pty Ltd | ABN 71 695 803 957 | Commercial Terms and Conditions of Service (Doc Ref: TC-001 | Version 1.B)