California: Blink Membership Software is Rolling Out

[FairwoodRed]

Dear Blink,

Our agreement ends on Dec 31, 2012. You can not FORCE me to extend my participation because you could not meet the goals of your federally funded study.

Ask nicely and I might agree, but it has to be MUTUALLY agreed to. I’ll never agree to give you the power to unilaterally change the agreement. But to be honest, slipping residential changes in to the retail charging agreement, and not being up front about that, leaves a sour taste in my mouth so you have a tough sell no matter how you look at it.

<Corrected typo>

 

[TonyWilliams]

My participation in the EV project's data collection has been difficult. For much of that time, my Blink(s) have failed to report anything. My first Blink unit was repaired a few times, and was replaced with a new unit this year. That continues to fail in a way that inhibits charging (and obviously any accurate data of what my charging habits are).

Extending my agreement will not happen.i need, first and foremost, a dependable EVSE. After all this time, my Blinks do not meet that level of competence.

 

[FairwoodRed]

Aside from my little snipe at Blink earlier, here is some useful information. The original EV Project Residential Participation Agreement can be found here https://www.etec.nissanusa.com/questionnaire/participant-agreement/ If it disappears, I have a PDF copy that you can PM me for.

The relevant sections from the old agreement :
1 Term of Agreement
This Agreement shall commence on the Effective Date and shall continue until December 31, 2012, (the “Term”). The Agreement may be terminated early in accordance with Section 6.

c. This Agreement cannot be modified or amended except by a written instrument signed by the parties.

And from the new agreement:
1. Term of Agreement. This Agreement shall commence on the Effective Date and shall continue until December 31, 2013 unless terminated earlier (the “Term”). The Agreement may be terminated early as set forth herein.

13. Changes. The EV Project is partially funded by the Department of Energy through an ARRA grant, thus ECOtality retains the right to unilaterally change the terms of this agreement related to EV Project requirements, such as termination date or participating markets. Participant shall be deemed to have automatically agreed to such changes if the Participant continues using the EVSE after receiving the changes. If Participant does not agree to such changes, the Participant must inform ECOtality in writing, addressed to ECOtality’s corporate address, within five (5) of days after such changes, doing so permits ECOtality to terminate this agreement.

 

[pchilds]

c. This Agreement cannot be modified or amended except by a written instrument signed by the parties.

Clicking a box, when we sign up to use their commercial network, is not "a written instrument signed by the parties."

 

[wsbca]

If Participant does not agree to such changes, the Participant must inform ECOtality in writing, addressed to ECOtality’s corporate address, within five (5) of days after such changes, doing so permits ECOtality to terminate this agreement.

And further up in the new version (section 8), it says:

Additionally, if ECOtality terminates this agreement for cause under this Section, then Participant agrees, upon ECOtality’s request, to reimburse ECOtality for its actual costs incurred for the EVSE and installation, up to $2650.

'for cause' in that section is described as violating any terms of the agreement. So let's say you do notify them that you don't agree with some future unilateral change within 5 days - they are then permitted to to terminate. Would that termination be "for cause"? One would hope not, but if it was, you'd owe them a bundle of cash. It seems like all the 'without cause' verbiage is in favor of Ecotality. Regardless of the intent the unilateral modification clause is an overreach. In the words of Dana Carvey... na ga da.

 

[wsbca]

13. Changes. The EV Project is partially funded by the Department of Energy through an ARRA grant, thus ECOtality retains the right to unilaterally change the terms of this agreement related to EV Project requirements, such as termination date or participating markets. Participant shall be deemed to have automatically agreed to such changes if the Participant continues using the EVSE after receiving the changes. If Participant does not agree to such changes, the Participant must inform ECOtality in writing, addressed to ECOtality’s corporate address, within five (5) of days after such changes, doing so permits ECOtality to terminate this agreement.

OK hold on now - it seems like they are editing this on the fly to perhaps refine it, and it's not the same in various available versions. Here's what's on the site when I drill down from the membership selection page:

13. Changes. ECOtality has the right to unilaterally change the terms of this agreement and Participant shall be deemed to have automatically agreed to such changes if the Participant continuesusing the EVSE after receiving the changes. If Participant does not agree to such changes: the Participant must inform ECOtality in writing, addressed to ECOtality’s corporate address, within five (5) of days after such changes, doing so permits ECOtality to terminate this agreement.

Where did you get the version that has the "such as termination date or participating markets" language? That's better, but still too vague, as "such as" doesn't actually exclude anything.

If they'd simply say the unilateral change privilege is limited to the termination date, along with an absolute maximum range for the date, I'd sign. Heck just set the date to 2015, but leave the language in that lets them end the agreement at any time once they are done. I really don't care how long they collect data, I just don't like them having the power to make up some unrelated hoop to jump through and threatening to take away the EVSE if we don't like whatever that not-even-thought-of-yet requirement might be.

 

[davewill]

...If they'd simply say the unilateral change privilege is limited to the termination date, along with an absolute maximum range for the date, I'd sign. Heck just set the date to 2015, but leave the language in that lets them end the agreement at any time once they are done. I really don't care how long they collect data, I just don't like them having the power to make up some unrelated hoop to jump through and threatening to take away the EVSE if we don't like whatever that not-even-thought-of-yet requirement might be.

Not good enough. I signed on knowing I could keep to the terms for the length of time they specified. What if I need to move or want to sell the car? I'm cool with providing data longer, but I'm unwilling to be on the hook to give the EVSE back past the original termination date if something comes up...Hell, my lease is up in 2014...

It's not necessary to hold the EVSE over our heads to get an agreement to continue to provide data.

 

[FairwoodRed]

I agree. Any extention does not need to hold the EVSE as guarantee that they can get my data. I'm at the point now that I would not sign up if I had to do it over again. My friend recently bought a Leaf. I asked him if he was gonna try for the EV Project. He just laughed at me

I found three different versions of a New RPA on various websits (BlinkNetwork, Ecotality, EVProject, ect). The one I quoted actually came from a weblink oh-so-long ago when they asked me to digitally sign the agreement. I was surprised a) that it still worked, b) that it had my personal information, and c) that it had a revision date from May 2012 - Good thing I never agreed to the new one and kept the original!

 

[madhaus]

There is no way I would agree to that "Blink can change anything we want about this agreement and not even bother telling you we changed it" language. Tying this phrasing to the commercial Blink membership is even more questionable. I simply had the spouse sign up for a Blink membership; different name, different email, different credit card. We have no problem with data collection, but Blink's legal department really needs to learn how to write contracts that don't piss off their customers, and clearly a number of us aren't too thrilled with these business practices.

That's an excellent point that checking a box online does not constitute a mutual written agreement to amending the existing contract.

As to the EV Project and free residential Blink unit, we may be one of the few who hasn't has any major problems with it. Then again, we aren't relying on wireless because it had problems. Once we connected it with Ethernet cable it was reasonably stable, especially after the major software update. I've been appreciating the timer in the Blink unit for late-night charging, and made a point of entering all those time of use electric rates as well.

 

[lkkms2]

what if we want all of that but dont want to alter our residential agreement?

I have had a blink card since shortly after I purchased my Leaf in June 2011. It was sent to me in the mail without me asking somehow. I had agreed to the Residential agreement early on during the Leaf reservation activities.

I went to the Blink site twice in the last six months to sign up for one of the "Membership" options. Both times after reading the details of the agreements they wanted us to check off on I decided not too.

Later I called the phone number on the back of the Blink EVSE card (888 998-2546) and indicated I wanted to sign up for the currently free annual membership (with a $1/hr charging fee) but didn't agree with the changes to the wording in the Residential agreement. The operator just confirmed the information associated with my Blink card, then took my credit card information for future billing.

And that was that. Just skipped the online sign up and did it by phone.