Originally published December 2023 · Last updated November 5, 2026
These Terms & Conditions distinguish use of this website from purchases and managed charging services. Part A applies to website use. Part B applies to a commercial transaction only when expressly incorporated into an agreement accepted by the customer and the contracting seller. Publishing this version does not amend a previously signed agreement, change an existing subscription, or authorize new fees.
Part A — Website Use Terms
1. Identity, scope & acceptance
This website is operated by Energy Technology Solutions, LLC ("ETS," "we," "us"). Website use must be lawful. Where we request affirmative acceptance of these Website Use Terms, acceptance applies to Part A and the applicable general provisions below. A footer link or a visit alone does not establish acceptance of a purchase, subscription, revenue-sharing arrangement, or hardware replacement agreement. If you act for a business, you represent that you have authority for the action you take.
2. Information, illustrations & project assumptions
Website content provides general product and service information. Equipment ratings describe applicable models and configurations, not guaranteed charging speed. Actual output depends on the vehicle, electrical supply, load settings, battery condition, temperature, connectivity, and other site conditions. Product photographs, edited photographs, renderings, screen examples, and co-branding concepts are illustrative; delivered appearance and available functions may differ by model and configuration. Confirm the current specification, certification, installation manual, and approved project scope before ordering or installing.
Financial illustrations, utilization estimates, savings, advertising opportunities, incentives, financing examples, payback periods, and revenue projections are assumptions, not guarantees of results, eligibility, funding, tax treatment, or approval. Financing and incentives are subject to the relevant provider's requirements. Advertising arrangements require separate agreement and do not guarantee advertisers, impressions, occupancy, or income.
3. Inquiries are not orders
Submitting a form, requesting a quote, preparing an email, or asking for an appointment does not place an order, reserve inventory, create a subscription, commit either party to a project, or book a meeting. Our team must confirm the scope and acceptance separately. Where a form opens your email application, the request reaches us only after you send the email. Do not send passwords, payment card details, or other sensitive information through inquiry forms.
4. Intellectual property & acceptable use
ETS and its licensors retain rights in website content, designs, software, and marks. You may view the website and download published resources for legitimate evaluation, purchasing, installation, or support of the relevant equipment, subject to the document's notices. You may not remove ownership notices, impersonate ETS, reproduce substantial website content commercially without permission, introduce malware, bypass access controls, scrape personal information, overload the site, or access systems without authorization. Third-party names and marks remain their owners' property; their appearance does not imply endorsement beyond an expressly stated relationship.
5. Your materials & third parties
You retain rights in information you submit and authorize us to use it to evaluate and respond to your request or perform an agreed service, subject to our Privacy Policy. You are responsible for having permission to submit it. We will obtain separate permission or rely on an existing agreement before using your name, logo, or nonpublic project materials in a public case study or co-branding promotion. Links to third-party sites, apps, payment providers, and financing services are provided for convenience; their own terms and privacy notices govern their services.
6. Website availability & disclaimer
TO THE EXTENT PERMITTED BY LAW, THE WEBSITE AND GENERAL INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not promise uninterrupted or error-free website operation. This disclaimer does not negate an express written product or service warranty, Power Protect™ coverage, an accepted project commitment, or a right that cannot lawfully be excluded. We may correct errors or update website content, but changes to an accepted order require the applicable agreement's change procedure.
7. Website liability
SUBJECT TO SECTION 21, ETS IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS ARISING SOLELY FROM USE OF THE INFORMATIONAL WEBSITE, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES. Its aggregate liability for a claim arising solely from that website use is limited to the greater of US $100 or the amount paid directly to ETS for the specific website feature giving rise to the claim in the preceding twelve months. This website-only limit does not determine liability for purchased goods, installation, charging sessions, or managed charging services. Those matters are governed by the accepted transaction documents, applicable commercial provisions, and law.
Part B — Commercial Transaction Terms
8. Incorporation, contracting entity & priority
Part B applies only if expressly incorporated into a transaction accepted by the parties. "Seller" means solely the legal entity identified as seller or service provider in the accepted order; an affiliate, brand, reseller, or manufacturer does not become a party merely because it is mentioned on this site. "Customer" means the named purchaser or service customer. Energy Technology Solutions and Power Technology Solutions are not interchangeable contracting entities.
Mandatory law controls. Subject to that law, a later mutually accepted written amendment controls first, followed by the signed project or service agreement, then an accepted quotation or order, then any expressly incorporated product-specific coverage or service schedule, and finally these commercial terms. An express priority provision in a signed agreement controls over this default hierarchy. An invoice does not unilaterally change accepted terms. Conflicting purchase-order boilerplate is not accepted merely by receiving an order; conflicting terms must be resolved in writing by authorized representatives. No website update retroactively modifies a transaction.
9. Quotes, prices & payment
A quotation's stated expiration, payment schedule, deposit, taxes, shipping charges, and milestones control. If an expressly incorporated commercial quotation omits an expiration, it remains open for fifteen calendar days unless withdrawn before acceptance. Prices are for the specified scope and configuration. Additional work, substitutions, tariffs, utility charges, or price changes affecting an accepted order require written notice and the customer's written approval under the agreement's change procedure. No universal deposit percentage or full-prepayment rule is imposed by this website.
Amounts are due on the dates agreed in the accepted documents. Financing, rebates, or payment by another party do not excuse an agreed payment obligation unless the agreement says otherwise. For incorporated commercial transactions, undisputed past-due amounts may accrue simple interest at the lesser of 1.5% per month or the maximum lawful rate, without unlawful compounding. Notify Seller promptly of a good-faith billing dispute and pay undisputed amounts. The parties will cooperate to investigate and resolve it. This notice procedure does not shorten a statutory limitations period or waive nonwaivable rights. Reasonable collection expenses and attorneys' fees are recoverable only as provided by an enforceable agreement and applicable law, including any required reciprocity.
10. Scope, scheduling & site responsibilities
Equipment sales do not include design, permitting, utility work, installation, trenching, electrical upgrades, networking, activation, or ongoing services unless included in the accepted scope. Customer must arrange lawful site access, property and utility permissions, safe working conditions, and the responsibilities allocated to it. Electrical work must be performed by appropriately qualified and licensed personnel under applicable codes, permits, equipment instructions, and approved plans. These terms do not shift Seller's own professional or statutory duties to Customer.
Lead times and construction dates are estimates unless expressly guaranteed in writing. Utility approval, permitting, inspections, supply availability, site readiness, and third-party performance may affect the schedule. Seller will communicate material known delays and reasonably mitigate their effects. Changes in scope, concealed conditions, or utility requirements must follow the agreed written change process before additional charges are incurred, except emergency action reasonably necessary to protect people or property, subject to applicable law and prompt notice.
11. Delivery, inspection & cancellation
Delivery terms, title, freight responsibility, and risk of loss are as stated in the accepted order. Customer should inspect deliveries promptly, document visible damage, retain packaging, and notify Seller and the carrier so claims can be investigated. An inspection notice does not waive rights concerning latent defects or override mandatory law. Bill-and-hold arrangements require written storage, insurance, release, and risk-allocation instructions.
Returns and cancellations require written authorization and are governed by the accepted documents and mandatory law. Special-order or customized equipment may be nonreturnable where lawfully agreed. Any cancellation or restocking charge must be disclosed and legally supportable; there is no automatic 35% fee or forfeiture of every deposit under these website terms. Seller may recover documented, reasonable, legally recoverable costs and damages, with mitigation and any required credit or refund. Defective, incorrect, or nonconforming goods remain subject to applicable remedies.
12. Product warranties & Power Protect™
Express product warranties, manufacturer warranties, and Power Protect™ hardware replacement coverage are those identified in the accepted documents. Coverage eligibility, covered failures, duration, claim process, exclusions, replacement equipment, and responsibility for removal, labor, freight, reinstallation, and site work must be specified there. This website does not create an unlimited replacement promise or a universal coverage period. Seller will not deny an expressly agreed benefit through a conflicting general disclaimer.
EXCEPT FOR EXPRESS WARRANTIES AND COVERAGE ACCEPTED IN WRITING, AND ONLY WHERE LAWFULLY PERMITTED, SELLER DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This exclusion does not apply where a written warranty, service contract, consumer-protection statute, or other mandatory law prohibits it. An exclusive repair, replacement, or other remedy applies only where lawfully agreed and remains subject to remedies required by law if it fails of its essential purpose.
13. Smart Charging Access™ scope & performance
Power Technology Smart Charging Access™ is a managed charging program offered through the service provider identified in the accepted agreement. Mentioning this program does not make Energy Technology Solutions the software provider or extend coverage to every product it resells. Included operational management, cloud platform access, monitoring, diagnostics, 24/7 driver and technical support, updates, payment collection and reporting, account management, network optimization, and Power Protect™ coverage are provided within the accepted service scope. Compatibility, access roles, connectivity, support channels, and coverage conditions are specified in the applicable documents. 24/7 support means access to support, not a guarantee of immediate repair, on-site attendance, continuous charger availability, or a fixed response time unless separately agreed.
Actual charging performance depends on equipment, vehicles, electrical supply, communication networks, configuration, maintenance, and site conditions. Seller will perform its agreed services with reasonable professional care. Updates and security measures reduce risk but cannot guarantee that every outage, cyber incident, unauthorized act, or data loss will be prevented. Material reductions in an accepted service commitment require the agreement's change procedure.
14. Fees, driver pricing & revenue settlements
Subscription fees, payment method, revenue percentages, gross or net revenue definitions, permissible deductions, taxes, utility reimbursements, reserves, and distribution timing must be stated in the accepted service or revenue-sharing agreement. This website does not impose a universal $780 annual fee, 80/20 split, minimum session rate, connection fee, idle fee, or quarterly settlement cycle on every customer. Different ownership models and agreed programs may have different terms.
Drivers must be shown applicable session prices and authorized charges before they commit to a charging session. Rates and idle or occupancy fees apply only where lawfully disclosed and enabled. Changes apply prospectively under the accepted agreement and required notice procedures. Customer funds are not forfeited solely because an agreement signature or payout setup is delayed. Revenue must be accounted for, and undisputed amounts distributed or otherwise handled under the governing agreement and law. Refunds, chargebacks, processor costs, and taxes may be allocated only as agreed and legally permitted. Seller does not guarantee profitability, utilization, advertising revenue, incentive approval, or investment return.
15. Term, renewal, suspension & ending service
Subscription length, renewal, cancellation notice, early termination charges, and any right to cancel for convenience must be set out in the accepted agreement with legally required disclosures and notices. These website terms create neither an automatic ten-year subscription nor an automatic renewal. Changes to renewal or price terms require the agreement's procedures and applicable consent.
Unless a signed agreement provides otherwise, an incorporated service agreement may be terminated for a material breach not cured within thirty days after written notice. An extension requires agreement; Seller does not receive an automatic 120-day cure period. Seller may suspend affected services for an imminent security or safety threat, unlawful use, or a material failure to pay undisputed overdue fees after reasonable notice and an opportunity to resolve the issue where practicable. Suspension must be reasonably limited to its cause; Seller will reasonably cooperate toward restoration.
After termination, earned fees, lawful cancellation obligations, accounting for customer revenue, refunds required by the agreement or law, and reasonable return or export of customer data remain subject to the accepted documents. Prepaid amounts and customer funds are not automatically forfeited. Rights and obligations intended to survive continue only to the extent lawful.
16. Accounts, data & confidentiality
Customer must protect account credentials, restrict access to authorized users, and promptly report suspected unauthorized access. Each party remains responsible for the security, privacy, and legal duties allocated to it; use of a third-party platform does not eliminate those duties. Customer retains its rights in customer-provided data and grants Seller only the rights reasonably necessary to deliver the agreed services, meet legal obligations, and act on lawful instructions. No blanket transfer of customer data, logos, or exclusive perpetual publicity rights is created here.
Each party will use reasonable care to protect the other's nonpublic business information, use it only for the relationship, and disclose it only to personnel or providers with a legitimate need and appropriate obligations, or as law requires. These duties do not cover information independently developed, lawfully obtained without restriction, already known without obligation, or public without breach. Required disclosures must be limited appropriately, with notice where lawful. Retention, deletion, security requirements, and incident obligations are subject to applicable law and any signed data-processing agreement. Confidentiality does not prohibit lawful reports to regulators or protected disclosures.
17. Customer content, site conduct & third-party claims
Customer is responsible for lawful use, permissions for supplied advertising and logos, site access rights, and the obligations allocated to it concerning the property. For commercial transactions expressly incorporating this section, Customer will defend and indemnify Seller against third-party claims and reasonable resulting costs to the extent caused by Customer's unlawful or infringing supplied content, unauthorized alteration or misuse of equipment, or material breach of its site-access obligations. This obligation does not cover a claim to the extent caused by Seller's negligence, gross negligence, intentional misconduct, defective performance, or statutory violation. Seller must give prompt notice, reasonably cooperate, and allow a reasonable defense; no settlement may impose an admission, nonmonetary duty, or unpaid liability on Seller without its consent. Construction-specific indemnities require the applicable signed agreement and mandatory law.
18. Commercial liability allocation
SUBJECT TO SECTION 21 AND ANY CONTROLLING SIGNED AGREEMENT, SELLER'S AGGREGATE LIABILITY FOR A CLAIM UNDER AN EXPRESSLY INCORPORATED COMMERCIAL TRANSACTION IS LIMITED TO THE PRICE PAID FOR THE PARTICULAR GOODS GIVING RISE TO THE CLAIM, OR, FOR RECURRING SERVICES, THE FEES PAID FOR THE AFFECTED SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. TO THE EXTENT LAWFUL, SELLER IS NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, OR CONSEQUENTIAL LOSS OF USE.
These limits do not cap or eliminate a customer's ownership of funds, Seller's duty to account for and remit amounts owed to the customer, or an express refund obligation. This section does not exclude all direct damages, override an accepted warranty or coverage commitment, or release a party from liability that cannot lawfully be limited. No individual employee, affiliate, or vendor acquires a contractual release merely by being mentioned here.
19. Events beyond reasonable control
A party is excused from the affected performance to the extent an event beyond its reasonable control prevents it, provided it gives reasonably prompt notice and makes reasonable efforts to mitigate and resume. Examples include severe weather, utility interruptions, governmental restrictions, and widespread communications failures. Financial difficulty alone is not an excuse. This clause does not excuse payment for goods or services already properly supplied, customer-revenue accounting, duties concerning personal information, or refunds required by law. Extended delays will be addressed under the accepted agreement or a mutually agreed revised plan, rather than an indefinite unilateral extension.
General Provisions
20. Florida law, disputes & notices
Subject to mandatory law, Florida law governs these terms without its conflict-of-law rules. For commercial transactions expressly incorporating these terms, and website claims for which a valid agreement on venue exists, the parties consent to the state courts in Manatee County, Florida, or the federal court with jurisdiction over that county. This does not displace mandatory consumer venue protections, rights to contact a regulator, or other rights that cannot be waived. No mandatory arbitration, class-action waiver, jury-trial waiver, confession of judgment, or waiver of homestead protection is imposed by this page.
Please first contact support@energytechnologysolutions.net to help resolve a concern. This is not a prerequisite to filing a claim and does not shorten a legal deadline. Contract notices must follow the signed agreement; ordinary support email is not consent to service of legal process. No contractual provision on this page shortens an applicable statutory limitations period.
21. Nonwaivable protections
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE LIMITED; OVERRIDES NONWAIVABLE PRODUCT-SAFETY, WARRANTY, PRIVACY, OR CONSUMER RIGHTS; OR RESTRICTS A REMEDY REQUIRED BY LAW. Where a restriction is unlawful, it applies only to the lawful extent, and the remainder remains effective only if legally severable. Website wording cannot replace required licensing, insurance, permits, disclosures, or safe professional work.
22. Changes, assignment & remaining provisions
Revisions display their effective date and apply prospectively. A previously accepted order, subscription, revenue arrangement, or coverage agreement changes only through its own amendment process and required consent. We will seek renewed acceptance where legally required for changes to Website Use Terms. No unexpressed environmental-credit, rebate, carbon-credit, or similar ownership transfer is created by this page; any such allocation requires a separate written agreement and compliance with the relevant program.
No failure to enforce a provision immediately waives it. An assignment of contractual obligations requires consent where the accepted agreement or law requires it. Neither party may use assignment to avoid accrued obligations or mandatory protections. These terms create no partnership, agency, or authority for one party to bind the other. All rights not expressly granted are reserved. Questions: support@energytechnologysolutions.net · 813-314-7617.
23. Export, lawful payment & safety-sensitive applications
Export, re-export, sanctions, and payment-screening requirements apply as required by law. Customer must not designate Seller as exporter of record without written agreement and must obtain any authorizations allocated to Customer. Seller may decline a payment or transaction where reasonably necessary to comply with law, with notice and lawful handling of funds. Accepted payment methods and any credit approval are confirmed in the order. Equipment must not be used in a nuclear safety system or another life-critical application unless the manufacturer expressly approves that specific use in writing and all legal requirements are met. Charging equipment is not an emergency service.