New Bay Area Blink/EVP agreeement?!!

[Spies]

In return for the QC charger and Blink EVSE, we have already previously agreed to be in the program for 3 years (mine would end Apr 2014).

Really? Interesting, it was only 2 years when I signed.

[greenleaf]

In return for the QC charger and Blink EVSE, we have already previously agreed to be in the program for 3 years (mine would end Apr 2014).

Really? Interesting, it was only 2 years when I signed.

Opps. I made a mistake. I went back to the signed agreement, and here is what it says:

This Agreement shall commence on the Effective Date and shall continue until December 31, 2012 unless terminated earlier (the "Term"). The Agreement may be terminated early in accordance with Section 7.

Mine ends 12/31/2012. No thanks to the extension by another 1 1/2 years. In 2013, the Blink could be open-sourced and fair game to mods.

[greenleaf]

Below is section 3 of the original signed agreement. It looks like they are already somewhat covered to share information with BAAQMD.

Participant agrees to provide and release to ECOtality, its affiliates and contractors (hereinafter referred to collectively as ECOtality), data and information relating to the Participant's EV and its use, and the Participant's use of residential and any publicly available EV Project EVSE ("Data"). Participant acknowledges and agrees that the Data may be used by ECOtality to analyze the Participant's EV use and charging patterns, the effectiveness of the EV infrastructure, and the performance of the EV Project.

Participant's willingness to supply and release Data to ECOtality is a material condition of this Agreement. Participant understands and acknowledges that ECOtality will need Participant's reasonable cooperation and assistance, and Participant agrees to provide his/her reasonable cooperation and assistance to ECOtality, so that ECOtality can successfully conduct its testing and collect Data from the Participant, the Equipment, and public EVSE infrastructure utilized by Participant.

[greenleaf]

matth, I sent you a PM.

[earther]

Sounds like someone screwed up by not providing the proper contract at the beginning and is now sending out these emails in the hope that people would just click AGREE without reading.

I did exactly that, under that same assumption

[greenleaf]

Sounds like someone screwed up by not providing the proper contract at the beginning and is now sending out these emails in the hope that people would just click AGREE without reading.

I did exactly that, under that same assumption

Not good!

Let me summarize for those who receive the email. If you click AGREE, you are agreeing to

1) extend EVP's hold on the EVSE by 1.5 years (but could be even longer, see point 2 below). Without the new terms, you own the EVSE on 1/1/2013, and is free to apply mods from other users. We all know of the many issues with the existing Blink firmware.

2) EVP changing the terms unilaterally. If they change the terms again, you have only 5 days to opt out from the date of their email. If you opt out, they can take away your EVSE. This is particularly disturbing because they can keep extending the terms and you could never gain ownership of the EVSE.

3) liquidated damages of up to $2650 (for the cost of the EVSE and installation) if terminated for cause. Previously they could only take away the EVSE.

[solarman]

I signed the revised agreement electronically AND I e-mailed a copy of my vehicle registration. I have nothing to hide and I'm happy to trade whatever statistics they want to collect to help improve the charging infrastructure. I don't see how this can hurt and I am grateful for the free EVSE, EVSE installation and reimbursed cost of the quick charging port. As far as I'm concerned they are welcome to the data.

Now, what displeases me is the poor quality of the charging statistics available at my BLINK online account. I was counting on this data to be accurate to have some idea how much energy my EVSE uses each month - it is not and BLINK/Ecototality have acknowledged there are software bugs and that they are working on it. They confirmed that they are receiving all the right data from my BLINK, it just doesn't show up on my account The BLINK charging station seems to provide accurate numbers, unfortunately only for the current and previous month. I'll post details of the issue in a separate thread.

[matth]

Just had a chance to look mine up. It expires in early 2013.

I'm certainly not going to unilaterally accept an extension of responsibilities beyond that date. If they want to renegotiate terms of the contract so there is consideration for the additional commitment, that might be an option.

Solarman, I don't object to sharing data with BAAQMD. However, the new language in the contract locks us into a location, perhaps in perpetuity. Life changes, and if you were to move (even temporarily) out of the 9 county Bay Area, you'd be in violation of the agreement.

[EricBayArea]

I received this today as well. I clicked the link and looked at it, but decided to come back and look at it later. Good thing I did.

I think they're trying to pull a fast one over on us, which I do not appreciate. I will not be signing this either.

[EVDrive]

I don't like it when people try to change an agreement like this 7 months after we signed a contract. I think we need a better explanation from them at a minimum.