JEA Drive Electric Program Terms & Conditions
JEA’s Electric Vehicle (“EV”) Charging program (“Program”) provides qualifying customers (“Customer”) with incentives to encourage charging their EVs during off-peak hours. These Terms and Conditions set forth the participation requirements for Customers receiving incentives through the Program. Use of this website, submission of a Program enrollment application or use of any Program service shall constitute Customer’s acceptance of these Terms and Conditions and consideration by JEA and Customer to form a binding agreement subject to these Terms and Conditions.
JEA has contracted with and authorized Sagewell, Inc. (“Authorized Agent”) to serve as its agent in administering the Program, including, but not limited to the following activities: enroll Customers in the Program; collect Customer information; issue Customer incentives; monitor Customer charging behavior; respond to Customer inquiries; resolve Customer issues; and provide concierge service to support Customer education.
1. Program Funding. Program funds are limited and incentives are issued subject to funding availability. Program enrollment applications are accepted on a first-come, first-served basis until the conclusion of the Program term, or until Program funds are no longer available. Customer understands that submission of an application, even if correct and complete, does not guarantee the payment of incentives.
2. Program Participation Process. Customers must complete and submit the Program enrollment application, and provide any required documentation within 30 business days after application submission. Failure to provide or complete any of the information requested in the Program enrollment application may result in denial of incentives through the Program. The Program enrollment application and supplemental documentation is incorporated herein by reference.
3. Fraud. Customer represents and warrants that Customer is eligible and authorized to participate in the Program, and that Customer’s participation in the Program will not result in the violation or breach by Customer of law, Customer’s contractual obligations, or other duties to or rights of any third party. Any person who knowingly files an enrollment application containing any materially false information or who purposely or misleadingly conceals information subjects such person to criminal and civil penalties. Any incentives (or portions thereof) determined to have been acquired on the basis of inaccurate or fraudulent information must be returned to JEA. This section shall not limit other remedies that may be available for the filing of a false or fraudulent enrollment application, including, but not limited to, referral to law enforcement authorities. Customer has an on-going duty to maintain the accuracy of information contained in the enrollment application for the duration of Customer’s participation in the Program.
4. Incentive Payments. Customer acknowledges and understands that incentives are paid contingent upon charging their EV during off-peak hours and meeting all Program requirements. Incentives are paid quarterly, and calculated based upon monthly adherence to charging during off-peak hours as solely determined by JEA. Off-Peak hours are: 10:00 p.m. – 7:00 a.m. (EST), on weekdays (Monday through Friday); and all day on weekends (Saturday and Sunday).
5. Data Sharing. As a part of the enrollment application review process, Authorized Agent may contact Customer to set up the sharing of charging data. This may include, but will not be limited to, allowing Authorized Agent to have access rights to any charging apps and charging data, automated transfer of interval data to an EV data aggregator or charging network software, or forwarding monthly charging data statements to a designated email address. Failure to share data may result in the denial of incentives through the Program.
6. Customer Information. By submitting the enrollment application, Customer authorizes and acknowledges that JEA may collect, duplicate, disseminate, release and disclose Customer’s information relating to Customer’s enrollment application (including the entirety of its contents), and any other information related to the Customer’s participation in the Program, including but not limited to account information, energy use data and billing data to Authorized Agent and any other third party, as applicable, utilized by JEA for the purposes of processing the enrollment application, to verify or audit Program records and charging data, or as required to comply with local, state and/or federal law, fraud prevention, regulation, and other legal action. In such instances, JEA shall comply with all applicable legal requirements governing the disclosure of such information. For more information related to the use and disclosure of information, Customer may review the Program Privacy Policy at https://www.sagewell.com/privacy-policy.html.
7. Customer Feedback. Customer, at Customer’s sole discretion, may provide comments about the Program (Feedback). By submitting any Feedback, Customer agrees that:
a. such submissions are voluntary, gratuitous, unsolicited, and without restriction;
b. the submission of any Feedback will not place JEA under any fiduciary duty or other obligation related to such submissions or otherwise related to the Program;
c. JEA and Authorized Agent may use, copy, modify, edit, publish, circulate, or redistribute the contents of any Customer Feedback for any purpose and in any way without any compensation to Customer; and
d. Customer grants JEA and Authorized Agent the irrevocable, nonexclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable right to access, display, or otherwise use such Feedback (including all related intellectual property rights) in connection with the Program.
8. Equipment Installations. Customer acknowledges that participation in the Program may require installation of qualifying equipment, JEA and Authorized Agent will not install any equipment.
a. A list of participating electrical contractors will be provided by Authorized Agent exclusively for Customer’s convenience. Customer is solely responsible for the selection of a licensed electrician to complete the installation of, or to provide service to, the qualifying equipment.
b. Customer understands that Customer is responsible for paying a licensed electrician all fees associated with installing qualifying equipment, and that JEA and Authorized Agent have no part in any agreement between Customer and the electrician selected by Customer to complete the work.
c. JEA and the Authorized Agent shall have no duty to independently verify that any participating electrician meets any Program requirements.
d. Responsibility for delivery and workmanship related to any services, materials or equipment that Customer procures related to or associated with the Program exclusively rests with the licensed electrical contractor or other third party.
e. JEA and the Authorized Agent assume no responsibility for the representations, warranties or guarantees with respect to the quality, design, manufacture, construction, safety, performance, installation, effectiveness, or otherwise of the equipment or oversight of electrical contractor services utilized by Customer.
f. JEA and the Authorized Agent do not warrant or guarantee that installation and operation of qualifying equipment will result in reduced energy usage or cost savings.
9. Compliance with Law and Authorizations. Customer, at Customer’s own expense, is responsible for meeting all requirements and complying with all applicable local and state laws, rules, regulations, ordinances and codes related to participation in the Program, including with limitation, the installation, operation and maintenance of qualifying equipment. In the case of a rented or leased residence, Customer certifies that Customer has obtained proper authorization from the property owner to install, operate, use and maintain all qualifying equipment.
10. Tax Liability. Customer acknowledges that receipt of any incentive pursuant to the Terms and Conditions may result in taxable income to the Customer, even if Customer does not directly receive a payment, and that Customer is solely responsible for payment and reporting with respect to Customer’s taxes. Customer should consult his or her own tax advisor with respect to the tax treatment of incentives provided pursuant to the Terms and Conditions. Nothing in these Terms and Conditions is intended to constitute tax advice and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code.
11. No Warranties. JEA AND THE AUTHORIZED AGENT DO NOT MAKE ANY WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE DESIGN, MANUFACTURE, CONSTRUCTION, SAFETY, EQUIPMENT INSTALLED, AND/OR SERVICES RENDERED BY ANY PERSON OR ENTITY IN CONNECTION WITH THE PROGRAM. JEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHETHER STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability. Notwithstanding anything contained in these Terms and Conditions, and to the fullest extent permitted by law, the total liability attributable to JEA, it officers, employees, contractors, agents (including Authorized Agent), and service providers, regardless of the number of claims, is limited to the amount of the incentive payment approved in accordance with the Program Terms and Conditions. JEA, its respective officers, employees, contractors, agents, and service providers shall not be liable to Customer or any other party for any other obligations related to, associated with or stemming from participation in the Program.
13. Indemnification. Customer will indemnify and hold harmless JEA and its affiliates, subsidiaries, joint ventures, officers, directors, employees, agents (including Authorized Agent), successors, and assigns (collectively the “Indemnified Parties”) from and against all liability claims and demands, including any damages, losses, liabilities or expenses (including without limitation court costs and reasonable attorneys’ fees) that stem from or is associated with Customer’s acts or omissions related to the Program, including the submission of fraudulent information and collection of incentives. Notwithstanding the foregoing, this indemnification is in addition to any indemnity and/or insurance obligations between the Customer and the Indemnified Parties. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR DIRECT DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR OTHERWISE IN CONNECTION WITH THE PROGRAM.
14. Customer Cancellation. Customer may cancel participation in the Program at any time. Customer’s request to cancel participation in the Program will be processed within 7-10 business days following the date of receipt.
15. Program Changes. JEA reserves the right to change, cancel or otherwise modify the Program and these Terms and Conditions at any time, in its sole discretion, without prior notice. Such changes to these Terms and Conditions or to the Program shall be binding unless agreed in writing by JEA.
16. No Waiver. Failure by JEA to require the performance of any provision contained in these Terms and Conditions, or the waiver by JEA of any breach of these Terms and Conditions, shall not prevent any subsequent enforcement of such provision or be deemed a waiver of any subsequent breach. No waiver of any provision contained in these Terms and Conditions shall be effective unless made in writing and executed by a duly authorized representative of JEA. This Agreement is binding upon each parties’ respective successors and assigns.
17. Force Majeure. JEA and the Authorized Agent shall not be liable or responsible to Customer nor be deemed to have defaulted under or breached these Terms and Conditions for failure or delay in performing any obligation contained herein when such failure or delay is caused by or results from causes beyond JEA’s and the Authorized Agent’s reasonable control, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, pandemics, or acts of God; provided, however, that JEA 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. JEA shall provide Customer with prompt written notice of any delay or failure to perform that occurs by reason of force majeure.
18. Governing Law and Jurisdiction. The laws of the State of Florida shall govern the interpretation, validity, and effect of these Terms and Conditions, performance thereunder, and all matters incident thereto. Any legal action associated with these Terms and Conditions or the Program must be initiated in Duval County, Florida.
19. Entire Agreement. The provisions contained herein, including all attachments and incorporated references, constitute a complete statement of the Terms and Conditions applicable to the Program, and supersede all prior representations or understandings, whether written or oral. JEA shall not be bound by or be liable for any statement, representation, promise, inducement, or understanding of any kind that is not set forth herein.
20. Severability. If any provision(s) of these Terms and Conditions is determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions shall be unaffected thereby and shall continue to be valid and enforceable.
21. Acceptance of Terms and Conditions. Customer certifies that:
a. Customer has read, understands and agrees to be bound by and comply with the provisions contained in these Terms and Conditions.
b. The information provided to JEA as part of the enrollment application is accurate and complete. Customer will notify JEA immediately of any changes to the information.
c. Customer has used a licensed electrical contractor and has complied with applicable permitting requirements for applicable qualified equipment installations.
JEA’s Electric Vehicle (“EV”) Charging program (“Program”) provides qualifying customers (“Customer”) with incentives to encourage charging their EVs during off-peak hours. These Terms and Conditions set forth the participation requirements for Customers receiving incentives through the Program. Use of this website, submission of a Program enrollment application or use of any Program service shall constitute Customer’s acceptance of these Terms and Conditions and consideration by JEA and Customer to form a binding agreement subject to these Terms and Conditions.
JEA has contracted with and authorized Sagewell, Inc. (“Authorized Agent”) to serve as its agent in administering the Program, including, but not limited to the following activities: enroll Customers in the Program; collect Customer information; issue Customer incentives; monitor Customer charging behavior; respond to Customer inquiries; resolve Customer issues; and provide concierge service to support Customer education.
1. Program Funding. Program funds are limited and incentives are issued subject to funding availability. Program enrollment applications are accepted on a first-come, first-served basis until the conclusion of the Program term, or until Program funds are no longer available. Customer understands that submission of an application, even if correct and complete, does not guarantee the payment of incentives.
2. Program Participation Process. Customers must complete and submit the Program enrollment application, and provide any required documentation within 30 business days after application submission. Failure to provide or complete any of the information requested in the Program enrollment application may result in denial of incentives through the Program. The Program enrollment application and supplemental documentation is incorporated herein by reference.
3. Fraud. Customer represents and warrants that Customer is eligible and authorized to participate in the Program, and that Customer’s participation in the Program will not result in the violation or breach by Customer of law, Customer’s contractual obligations, or other duties to or rights of any third party. Any person who knowingly files an enrollment application containing any materially false information or who purposely or misleadingly conceals information subjects such person to criminal and civil penalties. Any incentives (or portions thereof) determined to have been acquired on the basis of inaccurate or fraudulent information must be returned to JEA. This section shall not limit other remedies that may be available for the filing of a false or fraudulent enrollment application, including, but not limited to, referral to law enforcement authorities. Customer has an on-going duty to maintain the accuracy of information contained in the enrollment application for the duration of Customer’s participation in the Program.
4. Incentive Payments. Customer acknowledges and understands that incentives are paid contingent upon charging their EV during off-peak hours and meeting all Program requirements. Incentives are paid quarterly, and calculated based upon monthly adherence to charging during off-peak hours as solely determined by JEA. Off-Peak hours are: 10:00 p.m. – 7:00 a.m. (EST), on weekdays (Monday through Friday); and all day on weekends (Saturday and Sunday).
5. Data Sharing. As a part of the enrollment application review process, Authorized Agent may contact Customer to set up the sharing of charging data. This may include, but will not be limited to, allowing Authorized Agent to have access rights to any charging apps and charging data, automated transfer of interval data to an EV data aggregator or charging network software, or forwarding monthly charging data statements to a designated email address. Failure to share data may result in the denial of incentives through the Program.
6. Customer Information. By submitting the enrollment application, Customer authorizes and acknowledges that JEA may collect, duplicate, disseminate, release and disclose Customer’s information relating to Customer’s enrollment application (including the entirety of its contents), and any other information related to the Customer’s participation in the Program, including but not limited to account information, energy use data and billing data to Authorized Agent and any other third party, as applicable, utilized by JEA for the purposes of processing the enrollment application, to verify or audit Program records and charging data, or as required to comply with local, state and/or federal law, fraud prevention, regulation, and other legal action. In such instances, JEA shall comply with all applicable legal requirements governing the disclosure of such information. For more information related to the use and disclosure of information, Customer may review the Program Privacy Policy at https://www.sagewell.com/privacy-policy.html.
7. Customer Feedback. Customer, at Customer’s sole discretion, may provide comments about the Program (Feedback). By submitting any Feedback, Customer agrees that:
a. such submissions are voluntary, gratuitous, unsolicited, and without restriction;
b. the submission of any Feedback will not place JEA under any fiduciary duty or other obligation related to such submissions or otherwise related to the Program;
c. JEA and Authorized Agent may use, copy, modify, edit, publish, circulate, or redistribute the contents of any Customer Feedback for any purpose and in any way without any compensation to Customer; and
d. Customer grants JEA and Authorized Agent the irrevocable, nonexclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable right to access, display, or otherwise use such Feedback (including all related intellectual property rights) in connection with the Program.
8. Equipment Installations. Customer acknowledges that participation in the Program may require installation of qualifying equipment, JEA and Authorized Agent will not install any equipment.
a. A list of participating electrical contractors will be provided by Authorized Agent exclusively for Customer’s convenience. Customer is solely responsible for the selection of a licensed electrician to complete the installation of, or to provide service to, the qualifying equipment.
b. Customer understands that Customer is responsible for paying a licensed electrician all fees associated with installing qualifying equipment, and that JEA and Authorized Agent have no part in any agreement between Customer and the electrician selected by Customer to complete the work.
c. JEA and the Authorized Agent shall have no duty to independently verify that any participating electrician meets any Program requirements.
d. Responsibility for delivery and workmanship related to any services, materials or equipment that Customer procures related to or associated with the Program exclusively rests with the licensed electrical contractor or other third party.
e. JEA and the Authorized Agent assume no responsibility for the representations, warranties or guarantees with respect to the quality, design, manufacture, construction, safety, performance, installation, effectiveness, or otherwise of the equipment or oversight of electrical contractor services utilized by Customer.
f. JEA and the Authorized Agent do not warrant or guarantee that installation and operation of qualifying equipment will result in reduced energy usage or cost savings.
9. Compliance with Law and Authorizations. Customer, at Customer’s own expense, is responsible for meeting all requirements and complying with all applicable local and state laws, rules, regulations, ordinances and codes related to participation in the Program, including with limitation, the installation, operation and maintenance of qualifying equipment. In the case of a rented or leased residence, Customer certifies that Customer has obtained proper authorization from the property owner to install, operate, use and maintain all qualifying equipment.
10. Tax Liability. Customer acknowledges that receipt of any incentive pursuant to the Terms and Conditions may result in taxable income to the Customer, even if Customer does not directly receive a payment, and that Customer is solely responsible for payment and reporting with respect to Customer’s taxes. Customer should consult his or her own tax advisor with respect to the tax treatment of incentives provided pursuant to the Terms and Conditions. Nothing in these Terms and Conditions is intended to constitute tax advice and cannot be used for the purpose of avoiding penalties under the Internal Revenue Code.
11. No Warranties. JEA AND THE AUTHORIZED AGENT DO NOT MAKE ANY WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE DESIGN, MANUFACTURE, CONSTRUCTION, SAFETY, EQUIPMENT INSTALLED, AND/OR SERVICES RENDERED BY ANY PERSON OR ENTITY IN CONNECTION WITH THE PROGRAM. JEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHETHER STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability. Notwithstanding anything contained in these Terms and Conditions, and to the fullest extent permitted by law, the total liability attributable to JEA, it officers, employees, contractors, agents (including Authorized Agent), and service providers, regardless of the number of claims, is limited to the amount of the incentive payment approved in accordance with the Program Terms and Conditions. JEA, its respective officers, employees, contractors, agents, and service providers shall not be liable to Customer or any other party for any other obligations related to, associated with or stemming from participation in the Program.
13. Indemnification. Customer will indemnify and hold harmless JEA and its affiliates, subsidiaries, joint ventures, officers, directors, employees, agents (including Authorized Agent), successors, and assigns (collectively the “Indemnified Parties”) from and against all liability claims and demands, including any damages, losses, liabilities or expenses (including without limitation court costs and reasonable attorneys’ fees) that stem from or is associated with Customer’s acts or omissions related to the Program, including the submission of fraudulent information and collection of incentives. Notwithstanding the foregoing, this indemnification is in addition to any indemnity and/or insurance obligations between the Customer and the Indemnified Parties. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR DIRECT DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR OTHERWISE IN CONNECTION WITH THE PROGRAM.
14. Customer Cancellation. Customer may cancel participation in the Program at any time. Customer’s request to cancel participation in the Program will be processed within 7-10 business days following the date of receipt.
15. Program Changes. JEA reserves the right to change, cancel or otherwise modify the Program and these Terms and Conditions at any time, in its sole discretion, without prior notice. Such changes to these Terms and Conditions or to the Program shall be binding unless agreed in writing by JEA.
16. No Waiver. Failure by JEA to require the performance of any provision contained in these Terms and Conditions, or the waiver by JEA of any breach of these Terms and Conditions, shall not prevent any subsequent enforcement of such provision or be deemed a waiver of any subsequent breach. No waiver of any provision contained in these Terms and Conditions shall be effective unless made in writing and executed by a duly authorized representative of JEA. This Agreement is binding upon each parties’ respective successors and assigns.
17. Force Majeure. JEA and the Authorized Agent shall not be liable or responsible to Customer nor be deemed to have defaulted under or breached these Terms and Conditions for failure or delay in performing any obligation contained herein when such failure or delay is caused by or results from causes beyond JEA’s and the Authorized Agent’s reasonable control, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, pandemics, or acts of God; provided, however, that JEA 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. JEA shall provide Customer with prompt written notice of any delay or failure to perform that occurs by reason of force majeure.
18. Governing Law and Jurisdiction. The laws of the State of Florida shall govern the interpretation, validity, and effect of these Terms and Conditions, performance thereunder, and all matters incident thereto. Any legal action associated with these Terms and Conditions or the Program must be initiated in Duval County, Florida.
19. Entire Agreement. The provisions contained herein, including all attachments and incorporated references, constitute a complete statement of the Terms and Conditions applicable to the Program, and supersede all prior representations or understandings, whether written or oral. JEA shall not be bound by or be liable for any statement, representation, promise, inducement, or understanding of any kind that is not set forth herein.
20. Severability. If any provision(s) of these Terms and Conditions is determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions shall be unaffected thereby and shall continue to be valid and enforceable.
21. Acceptance of Terms and Conditions. Customer certifies that:
a. Customer has read, understands and agrees to be bound by and comply with the provisions contained in these Terms and Conditions.
b. The information provided to JEA as part of the enrollment application is accurate and complete. Customer will notify JEA immediately of any changes to the information.
c. Customer has used a licensed electrical contractor and has complied with applicable permitting requirements for applicable qualified equipment installations.
