1. What these terms cover
These Payout Terms govern how EV Initiative, Inc. ("EV Initiative," "we," "us") pays money to you, and what obligations attach to receiving it. They apply to you if you receive any payment from us, including as a Site Host receiving electricity reimbursement or a Site Share, as an Owner under our Ownership Program, as a Host earning charging revenue, as a Sales Partner earning commission, or as a participant in a program that pays a share of proceeds.
These terms govern how you are paid. They do not determine what you earn. What you earn is set by the program terms or signed agreement that applies to you: the Site Host Terms, your Ownership Program Agreement, the Host Program Terms, the Sales Partner Program Terms, or the Carbon Credit Program Terms. Where a program term or signed agreement addresses the calculation of an amount, that term controls.
They apply in addition to our Terms of Service and Privacy Policy.
2. We are not a bank
We are not a bank, a money transmitter, a lender, or a deposit-taking institution. Amounts accrued to you and not yet paid are an obligation we owe you under contract. They are not held on deposit, are not held in trust for you unless we expressly say so, and earn no interest.
3. Setting up payouts
Onboarding is required before we can pay you. Payouts are made through our payment processor, Stripe. Before we can pay you, you must complete Stripe's onboarding, which includes identity verification and, for a business, verification of the business and its beneficial owners. This is a legal requirement on the processor, not a preference of ours.
Accrual while onboarding is incomplete. Except as the Site Host Terms provide, amounts you earn accrue and are held while your onboarding is incomplete, and nothing is paid until onboarding completes. The Site Host Terms give a Site Host a deadline to connect a payout account. If the deadline is missed, no electricity reimbursement accrues for any session that starts before the account is connected, including sessions before the deadline. The Site Host Terms also set a time limit on claims.
Your Connect account is subject to Stripe's terms. Your payout account is a Stripe account governed by Stripe's own agreement with you. We do not control it, cannot access your banking credentials, and cannot override a decision Stripe makes about it, including a decision to restrict or close it.
Keep your details accurate. You are responsible for the accuracy of your payout details. We are not liable for funds that reach the wrong destination because the details you provided were wrong, and recovering them may not be possible.
3A. Electricity reimbursement
Electricity reimbursement is governed by the Site Host Terms. Where a site agreement with us provides for it, EV Initiative reimburses a location for the electricity used by chargers on our network under the Site Host Terms, published at evinitiative.com/site-host-terms. In summary:
- To be reimbursed from launch, the Building Admin connects and verifies the location's bank account in the EV Initiative platform within 60 days of the location's launch on the EV Initiative network, or within the other period the Site Host Terms set.
- If it is connected and verified later, reimbursement accrues only for sessions that start at or after the time it is verified. Earlier sessions covered by the Site Host Terms are not reimbursed, and no claim for them may be made later.
- Reimbursement is the energy each session delivers, in kWh as metered by the chargers, multiplied by the electricity rate recorded for the location when the session starts. It covers per-kWh charges only. It does not include demand charges, standby or facility charges, the building's other consumption, or any other fixed charge on the building's utility bill.
- Reimbursement is paid session by session, as each session's payment settles. It is owed whether or not the driver pays, and it is never reversed because a driver's payment is refunded or disputed.
Where this summary and the Site Host Terms differ, the Site Host Terms control.
4. How and when we pay
Schedule. We pay each amount you earn by transfer to your payout account as the payment it comes from settles, session by session. Where a program pays only after we have received the underlying revenue, payment follows that receipt. The Carbon Credit Program is one such program and its cycle is set by the credit programme itself. A signed agreement may set a different cycle, such as monthly, and where it does, that agreement controls.
From your account to your bank. Stripe sends the balance of your payout account to your bank on that account's payout schedule, which you can see in your Stripe dashboard. Stripe may hold the first payouts of a new account for a period it sets.
Minimum threshold. We may apply a minimum payout amount, disclosed in the Platform. Amounts below it carry forward until the threshold is met.
Currency. Payouts are made in the currency shown for your account. Where a conversion is required, it is performed by the payment processor at its rate. Currency conversion costs are deducted together with payment processing costs before the host's share is calculated. Any conversion performed by the host's own bank, including its conversion fee or exchange-rate spread, is the host's cost. Where a payment is yours alone, such as electricity reimbursement or a Site Share, its conversion cost comes out of that payment, never out of ours. Where we deduct an estimated conversion cost and the actual cost turns out different, we adjust the difference, up or down, on a later payment.
Statements. The Platform shows what you have accrued, what has been paid, and the basis of each amount. Review statements promptly. Absent manifest error, a statement is final ninety days after it is issued.
5. Adjustments, reversals and negative balances
Reversals. If revenue underlying a payment to you is refunded, charged back, reversed, or corrected, the amount attributable to you is reversed. Electricity reimbursement for energy that was delivered is never reversed, reduced or offset because a driver's payment is refunded, charged back or disputed.
Offset. We offset reversals against amounts you have accrued but not yet been paid, except electricity reimbursement. If the charge for a cellular data top-up on a charger you own fails, we deduct that top-up from your next payout, as set out under Cellular data below.
Negative balances. Where your accrued balance is insufficient to absorb a reversal or an unpaid cellular data top-up, we may invoice you for the difference, payable within thirty days, or recover it from future accruals.
Corrections. Where we discover that an amount was calculated incorrectly, we will correct it in either direction and tell you what changed and why.
Cellular data. A charger can connect to the EV Initiative network through the site's own WiFi or ethernet, or through a cellular SIM that EV Initiative supplies. A charger on the site's WiFi or ethernet uses no EV Initiative data and is never charged for data. For a charger with an EV Initiative SIM, we buy its data in prepaid top-ups and charge you, as the owner of that charger, $20.00 per top-up. A top-up typically lasts three to four months per charger, depending on use. We charge each top-up to the payment method on file when the top-up is applied. If that charge fails, we deduct it from your next payout. Each top-up appears on your statement. We may change the per-top-up price on 30 days' notice. The current price is shown in the Platform. You can ask your installer to move a charger to WiFi or ethernet at any time. Where your agreement with us says that EV Initiative pays for data, we do not charge you for top-ups.
6. Withholding
We may withhold a payment, in whole or part, where:
- we are investigating suspected fraud, abuse, or a breach of the program terms that apply to you;
- a dispute is open concerning the underlying revenue;
- your payout account is restricted by the payment processor;
- we are required to withhold by law, court order, or tax authority direction;
- your account is in arrears to us.
We will tell you when we withhold and why, unless doing so is prohibited or would prejudice an investigation. If the reason resolves in your favour, we release the payment.
7. Taxes
You are responsible for all taxes on amounts you receive. We do not withhold tax except where law requires us to. We will issue tax information returns where law requires. You are responsible for determining your own tax obligations, for registering where you must, and for charging and remitting any sales, use, GST, HST or provincial tax that applies to your activity.
You must provide the tax information we reasonably request. We may withhold payment while required tax information is outstanding.
8. Unclaimed amounts
Where we cannot pay you because your payout account is closed, your details are invalid, or you cannot be reached, we will make reasonable efforts to contact you at the address on your account. Amounts that remain unclaimed are handled in accordance with applicable unclaimed property law. Electricity a Site Host contributes under the Site Host Terms is not an amount we owe and is not unclaimed property.
9. Termination and what survives
If your participation in a program ends, or your account is closed:
- amounts already accrued and not subject to a reversal or withholding remain payable, and we will pay them once any open matter is resolved;
- where a program term expressly provides that amounts continue to accrue after termination, that term controls and we continue to pay accordingly;
- reversals continue to apply to amounts already paid, and Section 5 continues to operate;
- your obligations concerning tax and accurate information survive.
Where a program ends because of conduct described in the program terms as bad faith, fraud, or manipulation, we may withhold and reclaim amounts attributable to that conduct.
10. No guarantee of amount
Nothing in these Payout Terms, in the Platform, or in anything we publish is a projection, guarantee or assurance of any amount you will receive. Amounts depend entirely on activity and, in some programs, on the value realised from a third party or a market we do not control.
11. Disputes about a payment
Contact us at payouts@evinitiative.com with the statement period, the amount in question, and what you believe the correct amount to be. We will investigate using session, transaction and settlement records and respond within thirty days. The Site Host Terms set the deadlines for disputing a rate, a meter reading or an amount owed to a Site Host.
The dispute resolution and governing law provisions of our Terms of Service apply to any dispute arising under these Payout Terms.
12. Changes
We may change these Payout Terms. Where a change is material we will present the new version and ask you to accept it. A change will not reduce an amount already accrued to you before the change takes effect.
13. Contact
- EV Initiative, Inc., 2108 N St, Suite #4103, Sacramento, CA 95816
- payouts@evinitiative.com
- legal@evinitiative.com