Version of the Agreement:
24.06.2026
PUBLIC OFFER AGREEMENT
on connecting chargers, providing CEVB charging services and interaction between the Aggregator, User, Contractor, Charging Station Owner and Location
1. General provisions and public offer
1.1. This Agreement is a public offer, accession agreement, standard terms and conditions, electronic contract, click-wrap / browse-wrap agreement or other similar legally binding instrument to the maximum extent permitted by the applicable law of the relevant jurisdiction.
1.2. For Ukraine, this Agreement may be considered a public agreement within the meaning of Article 633 of the Civil Code of Ukraine, an accession agreement within the meaning of Article 634 of the Civil Code of Ukraine, and a public offer within the meaning of Article 641 of the Civil Code of Ukraine.
1.3. For other jurisdictions, the legal qualification of this Agreement is determined by the relevant applicable local legislation, in particular the rules on standard terms and conditions, electronic contracts, connection agreements, distance provision of digital services, consumer protection, electronic commerce, payment services and digital services.
1.4. The terms of this Agreement are the same for all persons who join it, except where individual, local, technical or commercial terms are expressly specified in the Station Profile, Commercial Terms, Appendix, local version, separate agreement or the Platform interface.
1.5. The Aggregator has the right to amend this Agreement by publishing a new version on the website, mobile application, Admin Panel or other interface of the Platform. Unless another term is specified in the new version, the amendments shall enter into force from the moment of publication or from the moment of continued use of the Platform after publication.
1.6. In case of disagreement with the changes, the User, Contractor, Charging Station Owner or Location Owner are obliged to stop using the Platform. Further use of the Platform, charging station, Admin Panel, mobile application or receipt of payments after the changes come into force shall be deemed acceptance of such changes.
2. Terms and definitions
2.1. Aggregator / Platform Operator — the party that provides access to software, mobile application, web services, ADMIN PANEL located on the Internet at the address: https://admin.chargersystem.com/ owned and developed by ChargerSystem Inc, including, but not limited to, access to the EvaChargers mobile application located in the AppStore and Google Play (hereinafter referred to as the “Application”), the intellectual rights to which belong to ChargerSystem Inc (hereinafter referred to as the “Software”), and the Aggregator owns a licensed copy of the basic software and other digital infrastructure that ensures interaction between the Contractor and the User;
2.2.User / User / EV Driver— an individual or legal entity that uses a mobile application, website, software, QR/NFC/RFID, charging station or other interface to receive an electric vehicle battery charging service.
2.3.Contractor / Charging Service Provider / Service Operator— a person who, in the relevant charging session, organizes and/or provides the User with a service for charging the battery of an electric vehicle under its own brand or under a brand available on the Platform, unless otherwise established by the Station Profile, Commercial Terms or local editorial staff.
2.4. Charging station owner / Station Owner— a person who is the owner, lessee, user or other legal possessor of a charging station and/or finances the purchase, supply, installation, modernization, repair, replacement or addition of charging equipment.
2.5.Location Owner / Landlord— a person who is the owner, lessee, user or other legal owner of a land plot, building, parking space, territory or other object where a charging station is located, and provides or allows the use of such location for the operation of the charging infrastructure.
2.6.Energy Cost Bearer— the person who, in accordance with contracts, bills, meters, commercial conditions or local rules, actually bears the costs of the electrical energy used by the charging station to provide charging services.
2.7.Payment infrastructure / Payment Processor— a bank, financial institution, payment system, acquirer, processor, merchant service provider, wallet provider, or other person that provides acceptance, reservation, write-off, return, conversion, or distribution of payments.
2.8.Charging Station— a device or set of devices designed to charge the batteries of electric vehicles.
2.9. Charging Service— a comprehensive service consisting of providing technical access to the charging infrastructure and carrying out the process of charging the battery of an electric vehicle.
2.10. Charging Service Fee— a single integrated fee that the User pays for the charging service and related payments, displayed to the User before the start of the charging session or until the relevant payment is charged.
2.11. Energy Cost Compensation— internal compensation for the cost of electricity to the person who actually bears the relevant costs, without changing the legal nature of the charging service for the User.
2.12. Aggregator Fee / Platform Royalty— remuneration of the Aggregator for the use of the Platform, software, billing, brand, payment and digital infrastructure, monitoring and other services.
2.13. Station Equipment Fee— remuneration of the Charging Station Owner for the provision of equipment, its availability, depreciation, technical readiness, maintenance and/or financing.
2.14. Location Access Fee— remuneration of the Location Owner for providing space, access, parking, infrastructure, communications, security, permits and other conditions for the operation of the charging station.
2.15.Idle Fee— a fee that may be charged after the completion or termination of a charging session, after the power supply stops, after a failed session, or after the actual charging is complete, if the electric vehicle continues to occupy a charging space, connector, port, location, or charging station resource, provided that such fee was displayed to the User before the start of the session or before its charging.
2.16. Net Revenue— the amount remaining after deducting payment infrastructure fees, taxes, chargeback costs, refund costs, Aggregator Fee and Energy Cost Compensation from the Charging Service Fee, unless otherwise specified in the Commercial Terms.
2.17. Split Payment— a mechanism for automatic or reporting distribution of funds paid by the User between the participants in the Agreement in accordance with their roles and agreed shares.
2.18.Commercial Terms / Station Profile— local, technical, financial or individual conditions for a specific station, location, network, country, brand or party, which may be reflected in the Platform, application, invoice, act, electronic account or separate agreement.
3. Subject of the Agreement
3.1. The subject of this Agreement is the organization of interaction between the Aggregator, User, Contractor, Charging Station Owner, Location Owner, Energy Cost Bearer and other participants in order to ensure the provision of services for charging electric vehicle batteries using charging stations.
3.2. The Aggregator provides access to the Platform, mobile application, web services, Admin Panel, billing, payment infrastructure, monitoring, technical support and other digital services.
3.3. The Contractor organizes and/or provides the User with a charging service within a specific charging session.
3.4. The owner of the charging station provides charging equipment for use in charging sessions, ensures its proper technical condition within its area of responsibility and receives appropriate remuneration.
3.5. The location owner provides the location, parking space, access, infrastructure, communications, permits and other conditions necessary for the placement and operation of the charging station, and receives appropriate remuneration.
3.6. The same person may simultaneously perform multiple roles under this Agreement, unless prohibited by applicable law and reflected in the Platform, Commercial Terms or a separate agreement. In such a case, the rights, obligations and remuneration under the relevant roles shall be aggregated.
4. Legal nature of the charging service
4.1. The User receives a comprehensive service for charging the battery of an electric vehicle, and not electrical energy as a separate product, unless otherwise expressly required by mandatory provisions of applicable local legislation.
4.2. The use of kWh, charging time, power, downtime, charging session or other technical parameters to calculate the cost of the service does not constitute the sale, resale or supply of electricity to the User as a separate product.
4.3. Electrical energy is used as a resource necessary for the provision of the charging service. Internal compensation of the cost of electricity between the participants of the model does not change the legal nature of the service provided to the User.
4.4. For Ukraine, the parties take into account that in accordance with Part Five of Article 58 of the Law of Ukraine “On the Electricity Market”, the activity of providing services for charging electric energy storage systems of electric vehicles using electric charging stations is the consumption of electric energy and is not the supply of electric energy within the meaning of the said Law.
4.5. If in a particular country mandatory local legislation requires a different qualification of certain elements of the charging service, such qualification shall apply only in the relevant jurisdiction and only to the minimum extent necessary.
5. Acceptance, electronic form and accession
5.1. Acceptance of this Agreement is any action that indicates acceptance of its terms, in particular, registration on the Platform, logging into the account, clicking the “Accept”, “Start”, “Charge”, “Pay” button or similar, scanning QR/NFC/RFID, starting a charging session, using a charging station, making a payment, reserving funds, signing the application, connecting the station to the Platform, receiving payments through the Platform or continuing to use the Platform after the publication of a new version.
5.2. From the moment of acceptance, the Agreement is considered concluded in electronic form to the extent permitted by applicable legislation on e-commerce, electronic transactions, electronic signatures, consumer protection and digital services.
5.3. Confirmation of the conclusion and execution of the Agreement may be Platform data, log files, records of charging sessions, checks, receipts, invoices, payment notifications, acts, electronic correspondence, notifications in the application and other electronic or paper documents.
6. Finance, tariffs, funding and downtime
6.1. The tariffs for charging services shall be determined by the Service Provider, the Aggregator, or another authorized role in the Station Profile, Commercial Terms, or local tariff addendum, and shall be displayed to the User before the start of the charging session or before the relevant charge is applied.
6.2. The cost of the service may be determined depending on the number of kWh as a technical calculation indicator, charging time, idle time, charging station power, connector type, location, peak load, dynamic tariff, service fee, payment infrastructure commissions, taxes, technological costs for the transmission or conversion of electricity, and other parameters.
6.3. The User shall pay a single integrated Charging Service Fee. Such fee may include the cost of access to the charging infrastructure, the service component, technological costs, idle fees, payment infrastructure commissions, taxes, and other payments that were displayed to the User.
6.4. Payment shall be made by way of prepayment, authorization, reservation, or debiting of funds in an amount determined by the Platform, the Aggregator, the Service Provider, or the Station Profile.
6.5. The minimum amount of prepayment or reservation shall be determined in the Platform and may be changed for a particular charging station. Such information must be displayed to the User before the start of charging.
6.6. If the actual cost of the services received is higher or lower than the amount of funds previously paid or reserved, the Platform may initiate an additional debit or refund of the difference in accordance with the rules of the payment infrastructure.
6.7. The Aggregator shall provide the User with access to charging services only if there is a sufficient amount of funds in the User’s account or payment instrument, or if funds have been previously reserved in an amount not less than that determined for the relevant charging station.
6.8. In the event of insufficient funds, insufficient reserved amount, bank refusal, payment rejection, cancellation of authorization, chargeback, or any other inability to further debit funds, the Aggregator shall have the right and/or, where technically possible, shall be obliged to initiate the termination of access to the charging session, stop the session, block the launch of new sessions, or restrict the User’s access to the Platform.
6.9. The Parties understand that the actual termination of a charging session may depend on the technical condition of the charging station, availability of an internet connection, operation of the controller, communication protocol, condition of the electricity grid, payment infrastructure, specific features of the electric vehicle, and other factors that may not be under the direct control of the Aggregator.
6.10. After the termination, completion, or technical stoppage of energy supply, the User may be charged an idle fee if such fee is provided for by the Service Provider’s tariff, the Station Profile, or the Commercial Terms, and was displayed to the User before the start of the session or before the moment it was charged.
6.11. If the User does not end the charging session in the application, does not disconnect the vehicle, does not vacate the parking space, or does not notify support in the event of a technical problem, the User shall be responsible for the accrual of the idle fee.
6.12. If it is not possible to automatically debit the idle fee or if the User fails to repay the idle fee debt, the Aggregator shall have the right to restrict or block such User’s access to charging services until the debt is fully repaid.
6.13. The Aggregator shall not act as a guarantor of payment by the User of idle fees, additional debits, penalties, damages, or any other debt, if the relevant funds have not actually been collected from the User through the payment infrastructure. The Aggregator shall not be obliged to compensate the Service Provider, Charging Station Owner, Location Owner, or any other person for amounts that have not actually been received from the User.
6.14. Funds paid for a duly provided charging service shall not be refunded, except in cases expressly provided for by applicable law, the rules of the payment system, or this Agreement.
6.15. Payment shall be made in the currency displayed in the Platform before the payment is confirmed. Such currency may be the local currency of the country where the service is provided, the currency of the User’s card, the settlement currency of the Aggregator, or another currency available within the payment infrastructure.
6.15.1. Refund of unused or disputed funds
6.15.2. If funds were prepaid, reserved, or debited from the User, but the relevant charging service was not actually provided, was provided only partially, was not objectively used by the User, or the User disputes the quality or fact of provision of the service, the User shall have the right to contact the Aggregator with a refund request.
6.15.3. A refund request or payment dispute shall be submitted in free form to the email address info@evachargers.com or another address determined by the Platform. Such request must be sent from the email address used in the User’s account, or from another address after additional identification of the User.
6.15.4. In the request, the User shall indicate a description of the issue, the date and approximate time of the charging session, the station or location, the payment amount, as well as the details for the refund: IBAN, surname, first name, and patronymic / name of the recipient. The details of the recipient of funds must correspond to the details of the User or the owner of the account from which the payment was made, unless otherwise agreed by the Aggregator after additional verification.
6.15.5. The Aggregator shall review the User’s request, verify the data of the Platform, payment infrastructure, charging session, and, if necessary, information from the Service Provider, Station Owner, Location Owner, or another responsible party. Based on the results of the review, the Aggregator shall have the right to refund unused or reasonably disputed funds to the User.
6.15.6. If the funds refunded to the User had previously been transferred, credited, or were payable to the Service Provider, Station Owner, Location Owner, Energy Cost Bearer, or another party, the Aggregator shall have the right to obtain compensation of such amount from the relevant party by withholding it from future payments, debiting it from the balance, offsetting mutual claims, or by any other available method within the Platform.
6.15.7. Refunds shall be made as a refund of unused funds, a refund of prepayment for charging services, or a refund of funds for a disputed charging session, depending on the actual grounds for such refund, the rules of the payment infrastructure, and the requirements of applicable local law.
6.16. If conversion is required, it shall be carried out at the exchange rate applicable at the time of settlement, as used by the relevant payment infrastructure and in accordance with the local legislation of the country in which the payment service is provided, the payment system, acquiring bank, issuing bank, central bank of the relevant country, international payment service, or another source of the exchange rate used by the relevant payment infrastructure and/or displayed to the User. For Ukraine, conversion shall be made in the hryvnia equivalent at the exchange rate of the National Bank of Ukraine.
7. Revenue sharing and distribution of funds
7.1. The Parties agree that the distribution of funds paid by the User is an internal mechanism for mutual settlements between the participants of the model and does not change the legal nature of the charging service provided to the User.
7.2. If technically possible, the distribution of funds is carried out using Split Payment at the time of payment or after its completion. If automatic distribution is not possible, the parties shall apply an alternative procedure for transfer, reconciliation and compensation that most closely corresponds to the essence of Split Payment.
7.3. A typical Charging Service Fee distribution structure may include the following elements:
7.3.1. payment infrastructure fees, bank fees, chargeback costs, refund costs and taxes;
7.3.2. Aggregator Fee / Platform Royalty;
7.3.3. Energy Cost Compensation;
7.3.4. Net Revenue, which is distributed between the Station Owner and the Location Owner in accordance with the terms of this Agreement, Commercial Terms or the Station Profile.
7.4. Energy Cost Compensation is paid to the Energy Cost Bearer or other person who actually bears the costs of electricity at the relevant location or charging station. Such compensation is an internal element of the distribution of funds and does not constitute a sale of electricity to the User.
7.5. The Aggregator may receive an Aggregator Fee / Platform Royalty in the amount of up to 5% of the Charging Service Fee or in another amount specified in the Commercial Terms, Station Profile, local edition or a separate agreement.
7.6. After deducting payment infrastructure fees, taxes, Aggregator Fee and Energy Cost Compensation, the remaining Net Revenue is distributed between the Station Owner and Location Owner according to one of the following basic models, unless otherwise specified in the Commercial Terms:
7.6.1. if the Station Owner installs a charging station on ready-made electrical communications, infrastructure and connection point with 100% preparation of the installation site and only the delivery and connection of power to the communications prepared by the Location Owner remains, the Net Revenue is divided between the Station Owner and the Location Owner in a 50/50 ratio;
7.6.2. if the Station Owner finances, lays or provides electrical communications, cable lines, panels, meters, design, installation or other necessary infrastructure for the operation of the charging station at its own expense, the Net Revenue is distributed in the proportion of 75/25, where 75% is received by the Station Owner and 25% is received by the Location Owner;
7.6.3. if one person simultaneously performs the roles of Station Owner and Location Owner, such person receives a combined share of Net Revenue for both roles, excluding Aggregator Fee and other mandatory deductions;
7.6.4. other proportions may be determined by the Commercial Terms, Station Profile, local application or separate agreement.
7.7. If one person simultaneously performs several roles, such person receives the aggregate remuneration for all roles actually performed, excluding the Aggregator's share, unless otherwise expressly agreed.
7.8. Each party that is to receive funds under this Agreement shall independently open the necessary bank account, merchant account, merchant wallet, payment profile or other payment instrument necessary to receive funds in the relevant payment infrastructure.
7.9. If the technical capabilities of the payment system do not allow for a full automatic distribution of funds, the parties shall agree on an alternative procedure for transfer, reconciliation, netting or compensation that most closely matches the economic essence of the Split Payment.
8. Example of payment distribution
8.1. The example in this section is indicative, does not establish a fixed rate and is used only to explain the economic logic of the allocation of funds.
8.2. If the User pays a Charging Service Fee of 1.00 USD and the Aggregator Fee is 5%, the Aggregator receives 0.05 USD.
8.3. After deducting the Aggregator Fee, 0.95 USD remains.
8.4. If the actual cost of electricity compensated by the Energy Cost Bearer is 0.45 USD, such amount is sent as Energy Cost Compensation.
8.5. After deducting the Aggregator Fee and Energy Cost Compensation, the remaining Net Revenue is 0.50 USD.
8.6. If the Station Owner installs a charging station on ready-made communications provided by the Location Owner, Net Revenue is divided 50/50:
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Aggregator Fee — 0,05 USD;
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Energy Cost Compensation — 0,45 USD;
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Station Owner — 0,25 USD;
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Location Owner — 0,25 USD.
8.7. If the Station Owner has financed or laid the necessary electrical communications and infrastructure at its own expense, the Net Revenue is distributed 75/25:
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Aggregator Fee — 0,05 USD;
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Energy Cost Compensation — 0,45 USD;
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Station Owner — 0,375 USD;
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Location Owner — 0,125 USD.
8.8. If a Location Owner is both a Station Owner and an Energy Cost Bearer, it may receive Energy Cost Compensation and a full or aggregate share of Net Revenue for the respective roles, excluding Aggregator Fee, payment infrastructure fees, taxes and other mandatory deductions.
8.9. If the actual cost of electricity, payment infrastructure fees, taxes or other costs differ from the example, the actual distribution is made based on real indicators, Commercial Terms, Station Profile or Platform data.
9. Paid services, subscriptions and operational maintenance
9.1. The Contractor, Station Owner, Location Owner or other party using the relevant functions of the Platform undertakes to pay the Aggregator for online services, subscriptions, licenses and other costs related to the operation of the Software, if such services have been connected, used or provided for by the Station Profile, Commercial Terms, account, Platform interface or a separate agreement.
9.2. Such services include, in particular:
9.2.1. Additional service "MULTIBILLING" - at the request of the relevant party, connecting chargers to an additional operator. The cost of the service is 7.00 US dollars per month or the equivalent in another currency for each additional operator, unless otherwise specified by the Platform, invoice, Commercial Terms or local application.
9.2.2. Subscription — Additional service "INTERNET" — at the request of the relevant party, for each SIM card or other Internet connection of the charger. The cost of the service is 3.00 US dollars per month or equivalent in another currency, unless otherwise specified by the Platform, bill, Commercial Terms, mobile operator or local application.
9.2.3. Subscription — Additional service “OPERATIONAL SERVICE” — at the request of the relevant party, automated operational and accounting, which may include support for electricity payment, meter reconciliation, resolution of current operational issues and other related actions. The cost of the service is 3% of the total turnover of funds from the operation of the relevant chargers for charging CEVB or another amount determined by the Platform, Commercial Terms or local application.
9.2.4. PLUGSHARE INTEGRATION Subscription is a basic service for integrating chargers with the PlugShare service or other similar external service. The subscription fee is $50.00 per year or the equivalent in another currency, unless otherwise specified in the Platform, invoice, Commercial Terms or local application.The subscription is activated from the moment the charger is activated or the corresponding integration is connected,if necessary, refusePLUGSHARE INTEGRATION Subscriptionsyou need to send a letter toinfo@chargersystem.com.When unsubscribingduring the first monthThere is no charge for the 30-day trial period.
9.2.5. The additional service “SERVICE MAINTENANCE” of a charging station or electrical communications shall be carried out upon agreement of the Location Owner or the owner of the charging station, based on the recommendation of the Aggregator or within the scope of warranty service.
In the case of non-warranty service maintenance, payment for the service, site visit, works, and necessary parts shall be made by the Location Owner or the owner of the charging station.
In the case of warranty service maintenance, payment for the service and necessary parts shall be made by the manufacturer.
The cost of the first hour of service maintenance is USD 45.00.
The cost of each subsequent hour of service maintenance is USD 22.50.
The first hour of service maintenance shall necessarily include the basic service procedure, regardless of the nature of the request.
If the charging station is undergoing service maintenance by the Aggregator or its service team for the first time, the minimum scope of service maintenance shall be 3 hours, as it includes an initial inspection, condition check, data recording, and entry of information into the system.
Parts and spare parts shall be paid for separately after confirmation by the Manufacturer or by the Location Owner or the owner of the charging station. Service works may be commenced after the relevant funds have been debited from the balance or paid.
The list of basic service works shall be determined by the service procedure published on the website: https://www.evachargers.com/uk/instructions-page.
9.3. Payment for paid services, subscriptions, licenses and other costs is made in the currency specified in the invoice, Platform, Commercial Terms or local application. If conversion is required, it is made at the rate of the payment system, acquiring bank, issuing bank, central bank of the relevant country, international payment service or other source of exchange rate used by the relevant payment infrastructure.
9.4. The Aggregator has the right to withhold the cost of paid services, subscriptions, licenses and other costs from the amounts payable to the relevant party through the Platform, or to issue a separate invoice, or to initiate a debit through the available payment infrastructure.
9.5. If the relevant party has not paid the cost of a paid service, subscription, license or other payment within the established period, the Aggregator has the right to suspend or restrict the provision of the relevant service, access to the Admin Panel, display of the charger on the Platform, launch of new charging sessions or payments until the debt is repaid.
9.6. The Aggregator has the right to introduce new paid services, subscriptions or change the cost of existing services taking into account market conditions, changes in the cost of the services involved, technical or business necessity by making changes to this Agreement and/or displaying relevant information in the Platform, invoice, Commercial Terms or local application.
9.7. Paid services, subscriptions, licenses and operational maintenance are not Energy Cost Compensation and are not considered payment for electricity by the User as a separate product.
10. Rights and obligations of the Aggregator
10.1. The Aggregator ensures the functioning of the Platform, mobile application, web services, Admin Panel, billing, payment integration, monitoring, technical support and other digital infrastructure within its technical capabilities.
10.2. The Aggregator is obliged to validate and, if necessary, correct the information before displaying on the Platform current information regarding tariffs, status of chargers, minimum reservation amount, availability of stations and other data within the scope of information provided by the Contractor, Station Owner, Location Owner or available to the Platform.
10.3. The Aggregator has the right to suspend or restrict access to the User, Contractor, station or location in cases of violation of the Agreement, malfunction, danger, fraud, sanction risks, non-payment, chargeback, unreliable data, violation of security rules or payment infrastructure requirements.
10.4. The Aggregator has the right not to refund funds actually spent by the User or Contractor in the system, except in cases expressly provided for by applicable law, payment system rules or this Agreement.
10.5. With the consent of the relevant responsible party, the Aggregator has the right to carry out or organize work aimed at eliminating deficiencies in the functioning of chargers, including correcting the installation of power networks, restoring operability, modernization, modification and updating of components.
10.6. If such work is performed by the Aggregator or by contractors engaged by it, the responsible party shall pay the previously agreed invoices, estimates or acts, unless otherwise specified in the Commercial Terms.
10.7. The Aggregator may send service, operational, technical, payment and marketing messages to the parties, taking into account applicable legislation on electronic communications and personal data protection.
10.8. The Aggregator is a digital, integrated payment, computing and information system that provides technical interaction between the participants of the model, but is not a party to the actual physical charging of the battery in terms of the operation of a specific station, unless otherwise expressly provided for in the Commercial Terms or if the Aggregator itself acts as the Contractor for a specific charging session.
11. Rights and obligations of the Contractor / Charging Service Provider
11.1. The Contractor has the right to receive payment for charging services in accordance with the procedure provided for in this Agreement, the Platform, the payment infrastructure and the Commercial Terms.
11.2. The Contractor has the right to independently determine tariffs, minimum reservation amount, downtime rules and other commercial terms for its chargers within the functionality of the Platform, unless otherwise specified in the Commercial Terms.
11.3. The Contractor is obliged to configure the chargers in the Platform, fill in the location address, tariffs, power, connectors, availability, downtime rules, identity of the service provider, payment details and other necessary information.
11.4. The Contractor shall ensure proper location, installation, connection, supply of current, voltage and grounding of the chargers in accordance with applicable regulations, rules and standards, unless these responsibilities are assigned to the Station Owner, Location Owner or another party in accordance with the Commercial Terms.
11.5. The Contractor is obliged to ensure the presence and proper functioning of the input circuit breaker monitoring unit and the electricity metering point at which electricity is paid for, at the facility where the charger is located, unless otherwise specified in the Commercial Terms.
11.6. Such monitoring can be used to control the status of the input circuit breaker, indicators of the electricity metering device, prevent losses of electrical energy on the line, detect unauthorized connections and correctly calculate Energy Cost Compensation.
11.7. The Contractor is obliged to prevent wording, documents or actions that, without proper legal basis, reclassify the charging service as the sale of electricity to the User.
11.8. The Contractor is independently responsible for the tax, accounting, licensing, consumer and other legal regime of its activities in the relevant jurisdiction.
12. Rights and obligations of the charging station owner / Station Owner
12.1. Provides a charging station for use in charging sessions, finances or ensures its purchase, supply, installation, modernization, repair, replacement, additional equipment and technical readiness, unless otherwise specified in the Commercial Terms.
12.2. Responsible for the technical condition of the equipment within its area of responsibility, the availability of necessary documentation, safety, certification, maintenance, troubleshooting and compliance with applicable standards.
12.3. Has the right to receive Station Equipment Fee or other share of Net Revenue determined by the Platform, Commercial Terms or a separate agreement.
12.4. The user is obliged to ensure that the facility where the charger is located has a monitoring unit for the input circuit breaker and an electricity metering point at which electricity is paid, which provides online monitoring of the status of the input circuit breaker and indicators of the electricity metering device, in order to prevent losses of electricity on the line and unauthorized connections.
12.5. The User is obliged to ensure the technical compatibility of the charging station with the requirements of the Platform and the Aggregator's network. The minimum technical requirement for connecting the charging station to the Platform is stable support for the OCPP 1.6J protocol, as well as support for the Plug&Charge function in accordance with ISO 15118 and other applicable industry standards, if such a function is determined by the Aggregator as mandatory for the relevant network, country, type of station or Commercial Terms.
12.5.1. If the charging station does not support OCPP 1.6J, supports it unstable, incompletely or does not meet the technical requirements of the Platform, such a station is subject to a separate technical inspection. Based on the results of the inspection, the Station Owner is obliged to either ensure that the manufacturer completes the station, or order the Aggregator to install the necessary software, modems, controllers, hardware modules or other technical solutions for the stable operation of the station in the Platform.
12.5.2. If a third-party charging station does not support OCPP 1.6J or operates unstable or incompletely, the estimated cost of connection, adaptation, or technical modification work is from 1000.00 USD or the equivalent in another currency, unless otherwise specified in the invoice or estimate.
12.5.3. If an old generation EVA Chargers / AutoEnterprise charging station or other compatible station does not support Plug&Charge, the Station Owner is obliged to ensure that such station is updated and the appropriate Plug&Charge library is connected. The estimated cost of such update is 100.00 USD or equivalent in another currency per charging station, unless otherwise specified in the invoice, estimate, Commercial Terms or local application.
12.5.4. If a third-party charging station does not support Plug&Charge / ISO 15118, the Station Owner is obliged to ensure that the manufacturer improves it or order the Aggregator to integrate the Plug&Charge library, software or necessary hardware modules. The approximate cost of such work is from 250.00 to 1000.00 US dollars or equivalent in another currency for one charging station, depending on the manufacturer, hardware, stability of controllers, processors, microcontrollers and complexity of integration.
12.5.5. If, according to the results of the technical inspection, the charging station cannot be brought into compliance with the requirements of the Platform or its operation is unstable, the Aggregator has the right to refuse to connect such a station, limit its functionality, not activate Plug&Charge or require replacement of the equipment.
13. Rights and obligations of the Location Owner / Landlord
13.1. Location Owner / Landlord grants the right to place the charging station, access to the location, parking space, driveway, technical premises, electrical infrastructure and other elements necessary for the operation of the charging station.
13.2. The Location Owner / Landlord is obliged to ensure the legal possibility of installing and operating the charging station at the appropriate location, to provide the necessary permits, approvals, access and assistance for the delivery, installation, start-up, service, repair, dismantling, relocation or reinstallation of the station.
13.3. If the preparation of the location, laying of networks, power supply, communications or infrastructure is the responsibility of the Location Owner, but is actually performed at the expense of another party, the procedure for compensation is determined by the Commercial Terms, additional agreement, act, estimate or through the application of another proportion of the distribution of Net Revenue.
13.4. The Location Owner is not considered a seller of electricity to the User solely by placing a charging station at his location or connecting it to the infrastructure of such location, unless otherwise expressly established by mandatory local legislation.
13.5. The Location Owner has the right to receive the Location Access Fee or other share of Net Revenue determined by the Platform, Commercial Terms or a separate agreement.
14. Electrical energy, metering and Energy Cost Bearer
14.1. The parties may use different models for providing the charging station with electricity: their own commercial metering point, contract with the supplier, distribution contract, connection through the main consumer, sub-consumption, cost compensation, separate meter or other legal model permitted by local law.
14.2. The choice of a technical or contractual model for the power supply of a charging station does not change the legal nature of the relationship with the User: The User receives a charging service, not electrical energy as a separate good, unless otherwise expressly required by law.
14.3. The party that actually pays for electricity to the supplier, distribution system operator, utility, energy company, landlord, main consumer or other authorized person may receive Energy Cost Compensation in the manner specified in the Commercial Terms.
14.4. Energy Cost Compensation is an internal compensation between the participants of the model and is not a payment by the User for electricity as a separate product.
15. Rights and obligations of the User
15.1. The User has the right to receive information about the terms of use, tariffs, available chargers, payment procedure, minimum reservation amount, possible downtime fee and other essential conditions through the Aggregator's website, application and other digital services.
15.2. Before starting charging, the User is obliged to check the condition of the station, cable, connector and car socket for visible damage, contamination or dangerous signs. If problems are detected, the User is obliged not to start charging and to notify the support service.
15.3. The User is obliged to treat the charging station, cables, connectors, adapters, parking space and other property with care, and to use the station in accordance with the instructions, safety rules and conditions displayed on the Platform.
15.4. The user is obliged to use the parking space directly adjacent to the charger exclusively for its intended purpose - to accommodate an electric vehicle that is in a charging state or within the permitted time after charging is complete.
15.5. In the event of any vehicle malfunction during or after charging, if there is a suspicion that the malfunction may have occurred as a result of using the charger, the User is obliged not to carry out repair work until receiving an official expert opinion on the cause of the malfunction, familiarizing the Contractor and/or Aggregator with such opinion, and agreeing on further actions by the interested parties.
15.6. The user is not entitled to use the emergency stop button / EMO without reason. The use of the EMO button is allowed only in the event of an emergency or potentially dangerous situation.
15.7. The User is aware that interrupting the current supply using the EMO button may lead to increased wear of the contactors and electronics of the vehicle, as well as the contactors, electronics and power modules of the charging station.
15.8. In case of unjustified use of the EMO button, removal of the connector under current, use of uncertified adapters or other actions that caused or could have caused damage, the User may be subject to compensation for actual damages, a fine or other sanctions in the amount determined by the local tariff application, the Platform or applicable legislation.
15.9. In case of using adapters, converters or modified connection solutions, the User is obliged to complete charging exclusively through the application, Platform or vehicle functionality, if this is provided for by the vehicle design, and not to remove the connector until the current supply is completely stopped.
15.10. The user understands that removing the connector under power may damage the vehicle and station contactors, as well as cause the connector or adapter contacts to ignite or even cause an electric shock.
15.11. If the station power is turned off when the connector is disconnected, the User must click the end charging session button in the application or notify the support service.
15.12. In the event of an unsuccessful attempt to start a charging session, the User takes into account that the station may retain authorization for a technical period, in particular up to 150 seconds or another period specified by the Platform, to reconnect and restart charging. If a restart is not required, the User is obliged to complete the transaction independently or wait for its automatic completion.
15.13. Responsibility for the timely completion of the charging session in the event of a power outage to the station, an unsuccessful charging attempt, reconnection, blocking of funds, or a technical outage lies with the User, unless otherwise expressly provided by law.
16. Responsibility of the parties
16.1. Each party is responsible for failure to perform or improper performance of its obligations within the limits of its role, actual area of responsibility and applicable law.
16.2. The party responsible for damages, delays, technical malfunctions, financial losses, chargebacks, fines, user claims or other negative consequences is obliged to compensate them within the limits of actually confirmed damages and the amount permitted by law.
16.3. The amount of penalties or compensation may be determined on the basis of a motivated calculation, the cost of repairs, diagnostics, logistics, downtime, equipment replacement, administrative costs and other documented costs.
16.4. Penalties, compensation or damages shall be paid directly to the injured party, unless otherwise provided for by the Platform, the payment infrastructure or a separate agreement.
16.5. The Aggregator is not responsible for equipment malfunctions, installation quality, power supply, network condition, location availability, actions of the Station Owner, Location Owner, User, energy supplier, or payment infrastructure, if such circumstances are not under the direct control of the Aggregator.
16.6. In the event of a violation by the Contractor, Station Owner or Location Owner of the terms of this Agreement, the Aggregator has the right to suspend the display of the station, restrict Users' access to a faulty or unsafe station, disconnect the station from the Platform or block payments until the violation is eliminated.
16.7. Nothing in this Agreement shall limit the liability of a party in cases where such limitation is prohibited by mandatory applicable law.
17. Privacy, personal data, brand and public mentions
17.1. Any information obtained in connection with the conclusion or performance of this Agreement, in particular personal data, payment data, technical data, log files, charging session data, commercial terms, tariffs, station and location data, is confidential, unless otherwise follows from its nature or is provided for by law.
17.2. The processing of personal data is carried out in accordance with applicable data protection laws, including GDPR, UK GDPR, CCPA/CPRA or other local laws, if applicable to the relevant party, user, location or operation.
17.3. The Aggregator, the Contractor, the Station Owner and the Location Owner undertake not to disclose confidential information and to use it only for the performance of the Agreement, provision of services, payment, security, support, compliance, reporting and legitimate business purposes.
17.4. The User, the Contractor, the Station Owner and the Location Owner shall not, without the prior written consent of the Aggregator or the relevant party, publish or transmit for publication information that mentions the Aggregator, the Contractor, their trademarks, logos, subsidiaries or affiliated companies, employees, officers or representatives, if such publication may harm the business reputation or disclose confidential information.
17.5. Use of the logo, trademark or other designation of the Aggregator, Performer, Station Owner or Location Owner in a modified form without the prior written permission of the relevant party is prohibited.
18. Taxes, licenses, compliance
18.1. Each party is solely responsible for complying with tax, accounting, licensing, currency, sanctions, AML/KYC, consumer, energy, labor, technical and other requirements applicable to its role and jurisdiction.
18.2. The Contractor / Charging Service Provider is independently responsible for the legality of the provision of charging services, the application of the appropriate taxation system, record keeping, preparation of settlement documents and compliance with other requirements applicable to its activities in the relevant jurisdiction.
18.3. The User is solely responsible for the legality of using the Platform, payment for services, the accuracy of his/her own data, compliance with the rules for using the station, and if the User is a legal entity or entrepreneur, also for his/her own tax, accounting and business accounting of the services received.
18.4. The presence of Energy Cost Compensation, Station Equipment Fee, Location Access Fee, Aggregator Fee or other element of fund distribution in the Agreement does not mean that electrical energy is sold to the User as a separate product.
18.5. If local legislation requires special permits, licenses, registrations, certifications, fiscalization, tax accounting or other formalities for a certain role, the relevant party is obliged to provide them independently or notify the Aggregator of the impossibility of performing the role.
18.6. The Aggregator has the right to refuse connection, limit or block a station, location, account or payment in case of compliance risks, sanctions, fraud, chargeback, payment infrastructure bans or violation of local legislation.
19. Term, termination and dismantling
19.1. For the User, the Agreement is valid from the moment of acceptance and for the period of use of the Platform or completion of all obligations under charging sessions.
19.2. For the Contractor, Station Owner, Location Owner and other B2B participants, the Agreement is valid for the period specified in the Commercial Terms, a local addendum or a separate agreement. If the period is not specified, the Agreement is valid for one year and is automatically renewed for each subsequent year unless either party gives notice of termination at least 30 calendar days in advance.
19.3. For certain B2B models, a term of 2 years 11 months or another term specified in the Commercial Terms, an appendix or a separate agreement may be set.
19.4. In the event of early termination without proper grounds, the party that initiated the termination or committed the violation may be obligated to compensate for documented costs of dismantling, moving, re-installation, logistics, location restoration, lost revenue, and other damages to the extent permitted by law.
19.5. The procedure for dismantling, removal, reinstallation, redemption, compensation or further use of the charging station is determined by the Commercial Terms, an additional agreement or a local addendum.
20. Governing Law, Local Applications and Disputes
20.1. This Agreement is subject to the law specified by the Aggregator or White-label Operator in the relevant version of the Agreement, unless otherwise required by mandatory local law.
20.2. Regardless of the chosen law, mandatory regulations of the country of location of the charging station, the country of residence of the consumer, the country of payment, rules on the protection of consumer rights, personal data, e-commerce, payments, taxes, energy regulation and safety shall apply in cases and to the extent that their application is mandatory.
20.3. Disputes are resolved through negotiations, claim correspondence or through the support service. If the dispute is not resolved, it is transferred to a court or arbitration for the American continent USA Delaware, for all other territories to a court or arbitration located in Ukraine, the city of Kharkiv.
20.4. Local add-ons may be approved for individual countries, brands, white-label operators, networks or large locations. In the event of a conflict between the global terms and a local add-on, the local add-on shall prevail over the relevant country or network, if such preference is expressly established or required by law.
21. Other conditions
21.1. If any provision of this Agreement is found to be invalid or unenforceable in a particular jurisdiction, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the closest valid provision, if permitted by law.
21.2. Document management may be carried out in electronic form, including e-mail, Platform, Admin Panel, mobile application, electronic signature, electronic acts, bills, invoices, messages and other electronic means.
21.3. All special, technical, commercial, financial, individual or local conditions not regulated by this Agreement are determined by the Commercial Terms, Station Profile, local annex, act, invoice or separate agreement, which are part of the contractual structure.
22. Local application for Ukraine: indicative special rules
22.1. For Ukraine, this Agreement shall apply taking into account Articles 633, 634, 641, 642 of the Civil Code of Ukraine, the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On the Electricity Market” and other applicable legislation of Ukraine.
22.2. For Ukraine, the parties separately confirm that the service of charging CEVB using an electric charging station is not a supply of electricity to the User within the meaning of the Law of Ukraine “On the Electricity Market”.
22.3. For Ukraine, individuals can pay for services using bank payment cards through available payment services. Legal entities and individual entrepreneurs can pay by non-cash transfer of funds to a bank account in IBAN format or in another way permitted by law and the Platform.
22.4. The cost of services, subscriptions, fines, or compensations may be determined in US dollars, hryvnia, euros, or another currency, with payment being made, for Ukraine, in the hryvnia equivalent at the exchange rate of the NBU, the payment system, the acquiring bank, the issuing bank, or another exchange rate applicable at the time of settlement, as used by the relevant payment infrastructure and in accordance with the local legislation of the country in which the service is provided.
22.5. In the event of an unjustified interruption of the power supply using the EMO button in the absence of an emergency, the User may be subject to a fine or compensation in the amount determined by the Platform, the local tariff application or the calculation of actual damages. The approximate amount for Ukraine may be 5,000 UAH, unless otherwise determined by the local application.
22.6. In case of removing a connector that is under current, using an uncertified adapter or other action that resulted in damage to the charging station, vehicle, connector, adapter or other property, the User may be subject to a fine or compensation in the amount of actual damages. The approximate amount for Ukraine may be up to 70,000 UAH or another amount determined by the calculation of damage, local tariff appendix or law.
22.7. In the event that any provisions of this local appendix contradict the mandatory norms of the legislation of Ukraine, such mandatory norm shall apply, and the corresponding provision of the appendix shall apply to the maximum extent permitted by law.
23. Indicative application: payment distribution model
This application is an example and is only applicable if the corresponding model is selected in the Commercial Terms or Station Profile.
23.1. Example 1: Ready utility infrastructure at the location, Net Revenue split 50/50
If the Charging Service Fee is 1.00 USD:
Element: Aggregator Fee 5%
Recipient: Aggregator
Amount: 0.05 USD
Element: Energy Cost Compensation
Recipient: Energy Cost Bearer
Amount: 0.45 USD
Element: Net Revenue
Recipient: To be split between Station Owner and Location Owner
Amount: 0.50 USD
Element: Station Owner Share 50%
Recipient: Station Owner
Amount: 0.25 USD
Element: Location Owner Share 50%
Recipient: Location Owner
Amount: 0.25 USD
23.2. Example 2: Utility infrastructure funded by Station Owner, Net Revenue split 75/25
If the Charging Service Fee is 1.00 USD:
Element: Aggregator Fee 5%
Recipient: Aggregator
Amount: 0.05 USD
Element: Energy Cost Compensation
Recipient: Energy Cost Bearer
Amount: 0.45 USD
Element: Net Revenue
Recipient: To be split between Station Owner and Location Owner
Amount: 0.50 USD
Element: Station Owner Share 75%
Recipient: Station Owner
Amount: 0.375 USD
Element: Location Owner Share 25%
Recipient: Location Owner
Amount: 0.125 USD
23.3. If the actual cost of electricity, payment infrastructure fees, taxes or other costs differ from the example, the actual distribution is made based on real indicators, Commercial Terms, Station Profile or Platform data.
23.4. If one person simultaneously performs multiple roles, such person receives the aggregate remuneration for the relevant roles, excluding Aggregator Fee, taxes, payment infrastructure fees and other mandatory deductions.