AGREEMENT ON CONNECTING CHARGING TO THE SOFTWARE
Version of the Agreement:
№2024.5.2
This Agreement is a contract of adhesion, as defined by the provisions of Article 634 of the Civil Code of Ukraine, concluded between the Limited liability company "EVA Chargers", hereinafter referred to as the Aggregator - a person acting in accordance with the subject matter of this Agreement, and the Charger - any person who owns a charger, has downloaded the mobile application and intends to gain online access to their chargers, provided for in this Agreement, and has confirmed such intention by registering in the Aggregator's system, or who has logged into his/her account in the Contractor's system, and therefore is deemed to have read the provisions of the Agreement, accepted them and consented to the storage and processing of his/her/they personal data in connection with the provision of the relevant services.
1. CONTRACT SUBJECT
1.1. Under this Agreement, the Aggregator provides access (hereinafter referred to as "Access") to the software that unites the owners of chargers (hereinafter referred to as "Charger") and owners of electric vehicles.
1.2. The Charger is obliged to configure its own chargers and choose the mode of payment for such Access and fill in the system with the location address, cost of services, power and other data.
2. FINANCE AND SETTLEMENTS
2.1. The Charger undertakes to pay the Aggregator for online services, subscriptions, licenses and other expenses related to the operation of the Charging System, such as:
2.1.1. Subscription - Basic "ONLINE"
Data processing and charger monitoring service using Charger System services, availability of charger information through the EVA Chargers mobile application.
The service is applied automatically to all stations from which one or more charging sessions have been processed in a calendar month.
The cost of the service is USD 5 per month for each charger with sessions during the month, in UAH equivalent at the NBU exchange rate on the day of receipt of the invoice.
2.1.2. Subscription - Additional service "INTERNET" at the request of the Charger, for each "SIM card" of the Internet connection the cost is $ 3 per month, in UAH equivalent at the NBU exchange rate on the day of receipt of the invoice.
2.1.3. Subscription - Additional service "OPERATING SERVICE" at the request of the Charger, automated operational and accounting, including payment for electricity, meter reconciliation, operational issues, etc. The cost of the service is 6% of the station's turnover.
2.1.4. Subscription - Additional service "BONUSCASH" at the request of the Charger, the service of withdrawal of funds from the bonus balance, transit and payment system accounts, the Aggregator's commission is 7% of the withdrawal amount.
2.1.5. Subscription - Additional service "MULTIBULKING" at the request of the Charger, connecting the station to an additional operator is an additional $ 7 per month, in UAH equivalent at the NBU exchange rate on the day of receipt of the invoice, for each additional operator.
When connecting third-party operators, pricing should be fair and equitable, comparable to EVA Chargers and taking into account the charger's costs for the cost of operator commissions, which are calculated and paid separately according to the formula:
1 kWh price + 5% royalty + 2.5% bank commission
Example: 10 UAH per 1 kW + 0.5 UAH + 0.27 UAH = 10.77 UAH total cost
Calculations with a nested commission: price of 1 kW - 13% commission
10 UAH + (14.9%) = 11.49 UAH total cost.
2.2. The electric motorist pays an additional 3% to the acquirer (the financial institution is responsible exclusively for the additional service of payment by bank cards), and an additional 5% to the Aggregator for the services of the management and monitoring system, from each amount spent on charging the electric vehicle in the Aggregator system, by tacit consent of the charger and the electric motorist when using the Aggregator system.
2.2.1. If the Aggregator accepts the payment by the Electric Vehicle for the charging service to the Aggregator's account of the Charger's commission funds, together with the Royalty, the calculation shall be made according to the formula: 100% = Amount paid to the Aggregator 5% + Royalties remain to the Aggregator 95% of the charge shall be transferred to the Charger's account as a commission payment.
2.3 As soon as the Charger's account has a negative balance, the system will generate an invoice for payment in favor of the Aggregator to repay the debt. In case of failure to pay the debt for more than 30 days, the system will suspend automatic charging to the Charger's wallet. Immediately after the debt is repaid, the system will resume automatic receipt of charging funds in favor of the Charger.
2.4. Tariffs for charging services are set by the Charger by entering prices in the software, in the profile of each charger, in the Aggregator's mobile application.
2.4.1. The parking tariff can be used only at paid parking lots. In the absence of paid parking and the use of this tariff, the aggregator reserves the right to refund the parking costs to the electric vehicle.
2.5. Payment shall be made by depositing or reserving funds to the personal account of the electric motorist in the Aggregator system in the amount of not less than UAH 50 and is automatically received by the Charger. The amount of the minimum charging amount may be changed by the Charger upwards.
2.6. Upon direct receipt of Access under this Agreement by the Electric Vehicle and the Charger, the funds of the Electric Vehicle's bank card shall be debited or reserved in the settlement systems of the equating offered by the Aggregator in the amount of the cost determined taking into account the provisions of clauses 2.2., 2.4., 2.5. of the Agreement.
2.7. The funds of the electric vehicle, which are transferred to the bank account of the Chargers' respondents through the calculations in the Aggregator's system, are a payment for the Services of this Agreement and shall not be returned to the electric vehicle after receiving the Service. The Aggregator is only a computer system that connects electric vehicles and Chargers and does not bear any financial responsibility that may arise between the electric vehicle and the Charger.
2.8. The Aggregator shall not be obliged to fulfill the terms of this Agreement if the amount of prepayment or reservation from the electric motorist is less than specified in clause 2.5.
2.9. Subject to payment in accordance with the provisions of Section 2 of the Agreement, the Electric Vehicle User has the right to access the Charger's chargers under this Agreement using free chargers of the Chargers for electric vehicles (including their connectors and adjacent parking spaces), information about which is available on the Aggregator's website or mobile application.
2.10. The Aggregator is obliged to stop supplying energy if the amount reserved or in the account is not enough to fully charge the electric car or to pay for the idle time in the connected state. However, even after the power supply is interrupted, the system will accrue idle time, in the absence of the possibility of automatic debiting from the electric vehicle or non-payment of the idle time debt, the Aggregator is obliged to block the provision of services to such an electric vehicle, but is not obliged to pay the Charger the amount of the idle time debt that has not been collected from the electric vehicle.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE AGREEMENT
3.1. The Charger shall have the right to:
3.1.1. receive from the Aggregator complete and accurate information about the cost and procedure for the execution of this Agreement on the Aggregator's website and mobile application;
3.1.2. to receive only non-cash payment by accounting for funds in the Aggregator's system at any time.
3.2. The Aggregator shall be entitled to:
3.2.1. introduce additional paid services or change the cost, amounts of funds established in clause 2.4. of the Agreement if the amount is twice the market average, and clause 2.6. of the Agreement in case of business necessity in accordance with market circumstances and processes;
3.2.2. unilaterally amend the Agreement and post relevant information on the Aggregator's website and mobile application;
3.2.3. store and process the Charger's personal data provided to the Aggregator during the execution of this Agreement;
3.2.4. change the location of charging stations in the system, their technical parameters, increase or decrease their number;
3.2.5. not to refund the funds spent by the Charger in the Aggregator's system;
3.2.6. suspend the fulfillment of the terms of this Agreement and, in the future, not fulfill its obligations to the Charger that violates the terms of the Agreement, in particular in terms of compliance with the Charger's obligations under clause 3.3. of the Agreement, and/or has not paid the amount of penalties provided for in clause 5.1. of the Agreement;
3.2.7 To eliminate defects in the functioning of the chargers, carry out any work on the installation and correction of the station, including modernization, modification, updating of components, etc.
3.3. The Charger is obliged to:
3.3.1. take care of the quality of the chargers' locations and the quality of installation and current supply in accordance with the norms and standards used by the Client as the owner of the electric car to directly receive Access and services under this Agreement;
3.3.2. not to disseminate false information regarding the Aggregator or the terms and conditions of this Agreement;
3.3.3. not to disclose Confidential Information;
3.3.4. to use the parking space directly adjacent to the charger for electric vehicles exclusively for its intended purpose - to place an electric vehicle that is in a state of charging (being charged) from such a charger.
3.3.5. to place in the application information about the legal entity, individual entrepreneur, etc. that receives funds, owns the station (or is the owner's representative, tenant, etc.), this information will be reflected in the station profile. If you do not want this information to be displayed, you must sign a paper version and send it to the acquiring financial institution that is used.
3.3.6. not to transfer access to the account(s) to third parties, and not to sell equipment with the account.
3.3.7. To pay the invoices issued by the Aggregator for the work on elimination of defects in the functioning of chargers clause 3.2.7.
3.4 The Aggregator shall be obliged to:
3.4.1. provide the Charger and the Client with information on the current terms of the Agreement and the conditions for the implementation of these terms on the Aggregator's website and mobile application;
3.4.2. ensure proper functioning of the support service within its technical capabilities.
4. CONFIDENTIAL INFORMATION
4.1 All information in any form belonging to the Aggregator, namely personal data entered by the Charger during registration and/or in the process of obtaining Accesses under this Agreement and using the mobile application, website, or disclosed or provided by the Charger to the Aggregator in any way and related to the fulfillment of the terms of this Agreement (hereinafter referred to as the "Confidential Information"), shall be considered confidential. The Aggregator warrants that it shall use its best efforts, taking into account the resources available to it, to keep the Confidential Information confidential and shall not use the Confidential Information for any purpose other than to ensure the performance of this Agreement. Upon termination of this Agreement, the Aggregator shall take all measures with respect to materials relating to any Confidential Information, including, without limitation, destruction of such materials or their return to the Aggregator, deletion from information storage devices. It shall not be considered a violation of the terms of this Agreement if the Aggregator uses the Confidential Information for the purpose of sending newsletters independently and/or with the involvement of third parties. The Aggregator shall have the right to disclose Confidential Information only under the conditions specified by law and/or in the interests of national security, economic welfare and human rights.
4.2 The Charger, by agreeing to the terms of this Agreement, agrees to the processing of its personal data.
4.3 The Charger shall not publish or communicate for publication any information relating to this Agreement, or which mentions the Aggregator or implies the name of the Aggregator, its subsidiaries or related companies, or their respective employees, trustees, officers or representatives, or trade or business names of the Aggregator or its subsidiaries or related companies, without obtaining the prior written consent of the Aggregator.
5. RESPONSIBILITY
5.1. The Aggregator shall have the right to determine the amount of the penalty (solely according to a reasoned calculation), which may not exceed the amount of compensation for damages caused to the Aggregator, electric vehicles or third parties who have applied to the Aggregator for compensation. The fine shall be paid by the Charger in case of the following violations by the Charger:
5.1.1. negligent attitude to the chargers used by the Charger to directly obtain Accesses under this Agreement;
5.1.2. poor installation or maintenance of chargers used by the Charger to directly obtain Accesses under this Agreement;
5.1.3. dissemination of false information regarding the Aggregator or the process of fulfillment of this Agreement;
5.1.4. disclosure of Confidential Information.
5.2. Upon detection of the fact of violations by the Charger specified in clause 5.1. of the Agreement, the Aggregator shall determine in each case the amount of penalties payable by the Charger for such violation and notify the Charger in writing (by e-mail).
5.3. In case of payment of the amount of penalties provided for in clause 5.1. of the Agreement, the Aggregator may continue to fulfill the terms of this Agreement.
5.4. In case of violation by the Charger of the obligation established in clause 5.1. of the Agreement, the Aggregator shall have the right to suspend the fulfillment of the terms of this Agreement for a period of 7 (seven) calendar days.
6. OTHER CONDITIONS
6.1. Amendments to the Agreement shall enter into force upon their publication as part of the text of the Agreement on the Aggregator's website and mobile application.
6.2 In case of disagreement with the amendments to the Agreement made by the Aggregator, the Charger shall immediately (from the date of detection of such disagreement by sending a written notice to the Aggregator's e-mail address) terminate the execution of this Agreement. If the Charger continues to receive Access under this Agreement, it shall be deemed that it has agreed to the amendments previously made to the Agreement.
6.3 This Agreement shall be valid from the moment of registration of the Charger in the Aggregator's system or the Charger's login to his/her account in the Aggregator's system as a registered user, which will be considered as a conclusive action of the Charger aimed at concluding and signing this Agreement.
6.4. In cases of payment for charging services by legal entities, Chargers who are individual entrepreneurs and are in the 2nd group of the Single Tax cannot provide these services in accordance with the current Law of Ukraine.
6.5 The Agreement is concluded for a period of 1 year.
6.6 If the Charger or Aggregator does not notify the other party to the Agreement in writing of its termination one month before the expiration of the Agreement, the Agreement shall be deemed extended for a period of 1 year.