Laserfiche WebLink
CHARGEPOINT® <br /> MASTER SERVICES AND SUBSCRIPTION AGREEMENT <br /> IMPORTANT: THIS MASTER SERVICES AND SUBSCRIPTION AGREEMENT IS A LEGAL AGREEMENT <br /> BETWEEN the City of San Leandro ("SUBSCRIBER") AND CHARGEPOINT, INC., A DELAWARE <br /> CORPORATION ("CPI"). PLEASE READ IT CAREFULLY. BY USING ANY OF THE CHARGEPOINT <br /> SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH <br /> ANY OF THESE TERMS AND CONDITIONS, DO NOT USE ANY CHARGEPOINT SERVICES. <br /> IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, PARTNERSHIP OR <br /> OTHER LEGAL ENTITY, THAT ENTITY REPRESENTS THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY <br /> TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY TO BIND SUCH ENTITY <br /> TO THESE TERMS AND CONDITIONS, YOU MAY NOT ENTER INTO THIS AGREEMENT AND SUCH ENTITY <br /> MAY NOT USE THE CHARGEPOINT SERVICES. <br /> 1. AGREEMENT. <br /> 1.1 SCOPE OF AGREEMENT. This Agreement governs the following activities: <br /> (a) ) Provisioning of Subscriber's Charging Station(s), if any, on ChargePoint; <br /> (b) Activation and use of the ChargePoint Services on Subscriber's Charging Station(s), if <br /> any; <br /> (c)Subscriber's use of the APIs as part of the ChargePoint Services; <br /> (d) Each grant of Rights by Subscriber; and <br /> (e) Each grant of Rights by a third party to Subscriber. <br /> 1.2 EXHIBITS AND PRIVACY POLICY. This Agreement includes the CPI Privacy Policy, as <br /> amended from time to time, and the following Exhibits, which are made a part of, and are hereby <br /> incorporated into,this Agreement by reference. <br /> Exhibit 1: Flex Billing Terms <br /> Exhibit 2: API Terms <br /> Exhibit 3: Terms Regarding Granting and Receipt of Rights <br /> In the event of any conflict between the terms of this Agreement on the one hand, and the Privacy <br /> Policy or any Exhibit on the other hand, this Agreement shall govern. Capitalized terms not otherwise <br /> defined in any Exhibit or the Privacy Policy shall have the same meaning as in this Agreement. <br /> 2. DEFINITIONS. The following terms shall have the definitions set forth below when used in this <br /> Agreement: <br /> 2.1 "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is <br /> under common control with the subject entity. "Control", for purposes of this definition, means direct <br /> or indirect ownership or control of fifty percent (50%) or more of the voting interests of the subject <br /> entity. <br /> 2.2 "APIs"means, individually or collectively, the application programming interfaces which <br /> are made available to Subscriber from time to time, as and when updated by CPI. <br /> 2.3 "ChargePoint Connections"shall have the meaning ascribed to it in the applicable data <br /> sheet. The term ChargePoint Connections shall also mean any successor service provided by CPI. <br /> 10-8-13 <br />