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Terms and Conditions

Acceptance of Terms

By checking the "I Agree" box, you, The Client, acknowledge and agree to the following terms and conditions (the "Terms") governing the use of AMPTRA CHARGING's Power Bank Rental Services (the "Service"). These Terms form a binding legal agreement between you ("The Client") and AMPTRA CHARGING ("The Vendor"), with its principal place of business at 48 Wall Street, Suite 1004, New York, NY, 10005.

 

This Agreement shall be effective as of the Payment Receive Date and shall have an initial term of 36 months. Upon the expiration of such term (or any renewal term), this Agreement shall automatically renew for additional 12 month periods unless either party notifies the other party at least thirty 30 days prior to the applicable renewal date of its intention not to renew the Agreement (the initial term and any renewal term shall be collectively referred to as the "Term").

Independent Contractor Relationship

This agreement establishes an independent contractor relationship between AMPTRA CHARGING ("The Vendor") and the Client. The Vendor agrees to provide power bank rental services and the necessary equipment as outlined in the Service Order Form. This arrangement does not constitute a partnership, joint venture, or employment relationship.

 

Installation

The Vendor will provide clear instructions for the installation of the stations, designed to be simple and executable without Vendor presence. However, if needed, the Vendor will provide all assistance to ensure proper installation. The Client agrees to follow the provided guidelines to maintain the integrity and functionality of the equipment. 

 

Access and Placement

The Client hereby authorizes The Vendor to access the premises identified as the "Service Address," which includes the address specified in the Shipping Address section and any additional addresses provided by The Client. This authorization is specifically for the purpose of installing and positioning power bank charging stations.

 

Both parties will collaboratively determine the precise installation locations, prioritizing areas that ensure maximum visibility and ease of access for end-users and customers. Ideal locations for the charging stations typically include near entrances or other areas experiencing high foot traffic within The Client's premises.

 

Furthermore, The Client is responsible for ensuring the provision of all necessary utilities and accommodations required for the optimal functioning of the charging stations.

 

Usage and Care

The Client commits to using the charging stations responsibly and ensuring their protection. The client will also ensure that its third parties will also use the stations for its designated purpose. If outside of warranty and insurance periods, any damage resulting from negligence or misuse by the Client or any third parties will be the Client's responsibility to rectify at their expense.

Warranty Terms and Information

For the Service Package of Platinum, the One Time Full Warranty & Station Replacement is 36 months in length. For the Service Package of Gold, the One Time Full Warranty & Station Replacement is 24 months in length. For the Service Package of Silver, the One Time Full Warranty & Station Replacement is 12 months in length. For the Service Package of Fre, the One Time Full Warranty & Station Replacement is 6 months in length. The definition of a One Time Full Warranty & Station Replacement means that within the warranty period, if for whatever reason, the stations breaks or malfunctions, whether its due to station it self, or external factor, The Vendor will maintenance the station to restore normal usage and capabilities, or replace with another station to restore normal usage and capabilities at the expense of The Vendor.

Insurance

The Insurance covers 36 months in lengths of term, for an additional One Time Full Warranty & Station Replacement beyond the initially offered warranty term described above. If The Client desires to purchase insurance, they can do so by purchasing an insurance at the Cost of $250 for the AMPTRA Ultra, Plus, and Lite stations, or $1500 for the AMPTRA Hub stations. Insurance becomes active upon the Payment Received Date. In essence, upon payment received date, the insurance term will last 36 months. If Insurance was purchased at the beginning of the initial term, the insurance will apply to the entirety of the initial term. If insurance is purchased during a term or at the beginning of a new erm, the insurance will apply to new terms or the length of 36 months, whichever is the longer. 

 

Payment Terms

Upon payment received, The Vendor will ship the Charging Station to The Client for free. Standard shipping time should be expected. Prices stated above are exclusive of standard state sales tax and any applicable transaction fees. For credit card payments, standard processing fees will apply. The Client understands and authorizes The Vendor to charge monthly or yearly service charges (if applicable to the chosen service package) until written notices of cancellation have been provided and received by The Vendor. 

 

Revenue Share

Depending on the selected service package, a revenue share model will be applied. The guideline is all Net Revenue Received from the station, will be distributed according to the agreed percentage. Revenue Share Accounting will be made on the 10th of each month. The Client agrees to allow The Vendor a reasonable amount of time to conduct the direct deposit of the Revenue Share after the Accounting process has taken place. The Client will provide all necessary banking details listed below for the purpose of revenue sharing.

Bank Routing Number

Bank Account Number

Account Type: Savings or Checkings

No revenue share will take place until the above information is provided by The Client to The Vendor and that the station has been properly set up. 

 

Vendor Obligations

In essence, it is The Vendor’s Sole Obligation to ensure the features of the product and service will function normally. The vendor will manage and maintain the software and hardware of the charging stations remotely to ensure optimal operation at the Client's locations. The Vendor will replace, supply, and fulfill any individual chargers needing replacement, or additional individual chargers needed at the Client’s location.

 

Client Obligations

In essence, The Client, will ensure the product and service remains properly plugged in and placed at a high foot traffic and easily accessible location. The Client will ensure the optimal use of the equipment in terms of providing utilities, reasonable accessibility, in-store promotions and staff training to ensure optimal operation of the charging station. From time to time, in store visits or The Client’s cooperation is needed to maintain the charging station, and The Client grants the Vendor rights to access the premises and will cooperate accordingly.

 

Notices

All critical communications should be made in writing via email. This includes, but is not limited to, notifications of equipment failure, software issues, termination, change of staff or positions, close of business or breaches. All critical communications should occur within the first 72 hours of discovery. The Vendor’s Point of Contact will be the Designated Account Manager, as well as the CEO of the Vendor. If there are any Point of Contact, or Personnel changes, The Vendor and the Clients should update the other parties promptly and provide the updated Point of Contact Information. 

 

The Client’s Point of Contact will be Email Address, and First and Last Name collected under Shipping Info, unless otherwise communicated by The Client. 

 

Damage and Replacement

Under normal use conditions, The Vendor will replace all malfunctioning stations chargers at the expense of The Vendor. All accidental damages caused by The Client or its third parties, will be replaced for a maximum of once per the warranty terms of the selected service package or once more if the client has active insurance in place. Outside of warranty, insurance term, and normal replacement requirements, The Client is liable for all damages to the stations caused by improper use and liable for all funding associated with the repairing and replacing of the stations. 

 

Taxes

The Vendor shall be the party responsible for the collection and remittance of all applicable sales taxes arising from the use of the charging stations provided under this agreement. The collection of such taxes will be conducted in compliance with relevant tax laws and regulations.

It is understood that the revenue shared with the Client, as per the Revenue Share terms outlined in this agreement, will be net of any such collected sales taxes. The Client shall not be responsible for the collection, or remittance of sales taxes related to the services provided and revenue generated from the use of the charging stations.

 

Limitation of Liability

In recognition of the need for a fair and clear limitation of liability related to this Agreement, both The Vendor and The Client agree to the following terms:

  • Scope: Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, arising from the use, misuse, or inability to use the services provided. This limitation applies even if a party has been advised of the possibility of such damages.

  • Cap: The maximum liability of either party for any claims related to this Agreement shall not exceed the amount The Client has paid for the services.

  • Time Frame: Liability claims must pertain to services rendered or incidents that occurred within the six (6) months immediately preceding the claim's reporting date. Claims related to services or incidents outside this six-month window will not be entertained.

  • Exceptions: This clause does not limit liability for any conduct that cannot be legally restricted, including gross negligence, willful misconduct, or other liabilities not permissible by law to be excluded.

 

Force Majeure

If the performance of any obligation under this Agreement is prevented, restricted or interfered with by reason of war, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo, strikes, order, proclamation, regulation, ordinance, demand, or requirement having a legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Section, which is beyond the reasonable control of the party affected, then the party so affected shall, upon giving prior written notice to the other party, be excused from such performance to the extent of such prevention, restriction, or interference, provided that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed.

 

Disputes

Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled by binding arbitration in New York. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules.

 

Governing Law

This Agreement will be construed in accordance with and governed by the laws of New York without regard to the principles of conflicts of laws thereof. In addition, the Vendor and the Client acknowledge and agree that the courts located in the state of New York shall have exclusive jurisdiction in any action or proceedings with respect to this Agreement, including the federal district courts located in such state.

 

Indemnification

Mutual Indemnification. Each party agrees to indemnify, defend, and hold harmless the other and its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, or expenses (including reasonable attorneys' fees) resulting from its own negligence, willful misconduct, breach of this Agreement, or, in the case of AMPTRA CHARGING, defects in the Charging Stations. This obligation does not apply to losses caused by the indemnified party's own misconduct. Notice of any such claim must be given promptly, and the indemnifying party will control the defense, with the indemnified party having the right to participate at its own expense. This clause survives the Agreement's termination.

 

Termination

This Agreement may be terminated by either The Vendor or The Client at any time, with or without cause, upon providing written notice to the other party. The Agreement shall cease to have effect immediately upon the proper delivery and receiving of such termination notice. Upon termination, The Client is obligated to return all Charging Equipment provided under this Agreement to The Vendor. The return should be directed to The Vendor's main office or another specified location. The terms of the Refund Policy provided below will apply in the event of termination.

Refund Policy

AMPTRA CHARGING offers the following refund options based on your service package:

  • One-Time Setup Fee: Eligible for a 50% refund if requested within 90 days of payment.

  • Yearly Service Fee: Partial refunds are available for services not provided.

  • Monthly Service Fee: Non-refundable.

All refund requests must be formally submitted by The Client in accordance with the procedures outlined by The Vendor. Refunds will be processed according to the terms specified herein, and the applicable service package selected by The Client.

 

Good Faith and Cooperation

Both parties agree to act in good faith, exercise reasonable care, and fulfill their responsibilities to support the effective use and maintenance of the charging stations. Cooperation and mutual respect shall guide the relationship and dealings between the parties.

 

By selecting "I Agree," you confirm that you have read, understood, and consent to these Terms and Conditions.

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