Version of the Agreement:
№07.04.2026
PUBLIC OFFER AGREEMENT
ON THE CONNECTION OF CHARGERS FOR CHARGING ELECTRIC VEHICLE BATTERIES (ABETZ) TO THE SOFTWARE
Aggregator: legal entity, identification code 44793701, location: Kharkiv region, Kharkiv, Rudyka street, building 6, which, under the terms of this Agreement, provides access to the software that ensures interaction between the owners of chargers for charging ABETZ (hereinafter referred to as the "Contractor") and users of the mobile application/website (hereinafter referred to as the "User").
1. GENERAL PROVISIONS AND SUBJECT MATTER OF THE AGREEMENT
1.1. This Agreement is a public contract within the meaning of Article 633 of the Civil Code of Ukraine and an adhesion agreement within the meaning of Article 634 of the Civil Code of Ukraine.
1.2. This Agreement is a public offer of the Aggregator, addressed to an unlimited number of individuals and legal entities, regarding the conclusion of an agreement on the terms specified in this Agreement.
1.3. The terms of this Agreement are the same for all persons who join it.
1.4. The parties to this Agreement are:
1.4.1. Aggregator — a party that provides access to the software, mobile application, web services, ADMIN PANEL located on the Internet at: 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 underlying software and other digital infrastructure that ensures interaction between the Contractor and the User;
1.4.2. Contractor — an individual, individual entrepreneur or legal entity that is the owner, user or authorized manager of chargers for charging ABETZ and connects such devices to the Aggregator's system;
1.4.3. User — an individual or legal entity that uses the mobile application, website, Aggregator software and/or chargers connected to the system under the terms of this Agreement.
1.5. Accession to this Agreement and its acceptance is considered to be the performance by the Contractor and/or the User of actions indicating acceptance of the terms of this Agreement, in particular:
1.5.1. use of the Aggregator's software products;
1.5.2. registration in the system, gaining access to the software, Application or ADMIN PANEL;
1.5.3. payment, pre-deposit, reservation of funds or actual use of the system functionality;
1.5.4. other actions specified in this Agreement, confirming the intention to join it.
1.6. From the moment of performing the actions provided for in clause 1.5 of this Agreement, the Agreement is considered to be concluded in electronic form in accordance with the Civil Code of Ukraine and the Law of Ukraine "On Electronic Commerce".
1.7. The use of the Aggregator's software products by the Contractor and/or the User confirms that the relevant party:
1.7.1. has fully familiarized itself with the terms of this Agreement;
1.7.2. unconditionally and unconditionally accepted them;
1.7.3. understands the content of its rights and obligations, as well as the legal consequences of concluding this Agreement.
1.8. Confirmation of the conclusion of this Agreement may be, in particular, the fact of using the Aggregator's software products, a receipt, check, payment order, other settlement or cash document in electronic and/or paper form, confirming the performance of actions in pursuance of this Agreement.
1.9. Under this Agreement, the Aggregator provides the Contractor and the User with access to the software that ensures the functioning of the system of interaction between the parties, including, but not exclusively, access to the mobile application, web services and/or ADMIN PANEL (hereinafter referred to as the "Access").
1.10. Access is provided for the purpose of:
1.10.1. connection of the Contractor's chargers to the Aggregator's system;
1.10.2. configuring, administering, displaying and maintaining such chargers in the system;
1.10.3. providing the User with the opportunity to find, select and use the Contractor's chargers through the Aggregator's software products;
1.10.4. Making settlements, reserving funds, writing off, returning the difference in settlements and other interaction related to the use of the System.
1.11. The Aggregator provides the Contractor with access, in particular, to the ADMIN PANEL software posted on the Internet, as well as to other digital services necessary for connecting, configuring and administering chargers.
1.12. The Aggregator also provides the User with access to the functionality of the mobile application, website and other digital services that allow the use of the charging infrastructure within the framework of this Agreement.
1.13. The Aggregator confirms the existence of proper legal grounds for providing access to the software and concluding this Agreement, including on the basis of existing rights to use the relevant software product.
1.14. The Contractor is obliged to configure its own chargers in the system and fill in all the necessary data, including the address of location, cost of services, technical characteristics, power and other information necessary for the proper functioning of the system.
1.15. The User undertakes to pay for the use of the system functionality and/or charging services under the terms of this Agreement.
1.16. The terms used in this Agreement are used in the meanings defined in the relevant section of the Agreement or according to the content of this Agreement.
1.17. This Agreement can be independently printed from the Aggregator's website or provided at the request of the Contractor and/or the User.
2. FINANCE AND SETTLEMENTS
2.1. Tariffs for ABEC charging services are determined by the Contractor by setting prices in the profile of each charger and are displayed in the Application and/or other digital services of the Aggregator.
2.2. The cost of charging services may be determined, in particular, depending on the number of kilowatt-hours consumed, the time of use, downtime after the end of the charging session, as well as other parameters set by the Contractor in the system and brought to the attention of the User before the start of charging.
2.3. If the tariff for the number of consumed kilowatt-hours is applied, the calculation may include technological costs for transportation and conversion of electricity in accordance with the parameters of the charger, type of car and connection features, if it is directly taken into account in the tariff set by the Contractor and reflected in the system.
2.4. The User pays the cost of charging services, as well as other payments that are expressly provided for by this Agreement, the system interface, the rules of the payment infrastructure or tariffs displayed before the start of the charging session.
2.5. Payment by the User is made by pre-depositing and/or reserving funds in the amount determined by the Aggregator's system or set by the Contractor in the profile of the corresponding charger.
2.6. The minimum amount of preliminary deposit or reservation of funds is determined in the Aggregator's system and can be changed by the Contractor for a separate charger. Such information should be displayed in the interface before charging begins.
2.7. Upon direct receipt of Access under this Agreement, the User writes off or reserves funds from the User's bank card in the payment systems available in the Aggregator's system, in the amount determined taking into account the tariff set by the Contractor, the minimum amount of reservation, possible commissions of the payment infrastructure and other payments that were displayed to the User before the confirmation of the transaction.
2.8. If the actual cost of the services received turns out to be more or less than the amount of previously deposited or reserved funds, the system may write off the additional amount or return the difference to the User's payment card.
2.9. Such write-off or refund of funds can be carried out automatically, as well as initiated by the Aggregator, Contractor or User — depending on the functionality of the system and the nature of settlements.
2.10. The Contractor agrees that payment for charging services can be made by Users through financial institutions, payment infrastructure operators and/or banks available in the Aggregator's system.
2.11. Commissions of banks, acquiring, payment systems, financial institutions and other payment infrastructure providers shall be paid in accordance with the tariffs of such persons and the terms of individual agreements with them. If the relevant commission is deducted directly from payments in favor of the Contractor, it is considered agreed by the Contractor within the framework of its legal relations with such a financial institution.
2.12. The Contractor shall receive payment for charging services in the manner provided by the selected payment infrastructure, minus commissions and payments that are withheld in accordance with separate agreements of the Contractor with financial institutions and/or in accordance with the terms of this Agreement.
2.13. The Contractor undertakes to pay the Aggregator for online services, subscriptions, licenses and other expenses related to the operation of the Software, including:
2.13.1. Subscription "Basic ONLINE" is a service for data processing, control of the charger and availability of information about the charger through the Application. The service is applied automatically to all chargers from which one or more server connection sessions have been processed during a calendar month. The cost of the service is USD 5.00 per month for each charger with activity for a month and is paid to the Aggregator in hryvnia equivalent at the NBU exchange rate on the day of receipt of the invoice from the Aggregator or directly to ChargerSystem Inc using a financial institution available in the system, using a payment card, within 30 calendar days;
2.13.2. Additional service "BONUSCASH" — at the request of the Contractor, the service of withdrawing funds from the bonus balance, transit and accounts of payment systems; the Aggregator's commission is 3% of the withdrawal amount;
2.13.3. Additional service "MULTIBILLING" — at the request of the Contractor, connection of chargers to an additional operator; the cost is USD 7.00 per month in UAH equivalent at the NBU exchange rate on the day of receipt of the invoice from the Aggregator for each additional operator.
2.13.4. Subscription - Additional service "INTERNET" at the request of the Charger, for each "SIM card" Internet connection the cost is 3.00 (three) US dollars per month, in UAH equivalent at the NBU exchange rate on the day of receipt of the invoice from the AGGREGATOR or the mobile operator company.
2.13.5 Subscription - Additional service "OPERATIONAL MAINTENANCE" at the request of the Charger, automated operational and accounting accounting that includes payment for electricity, meter reconciliation, solving current operational issues, etc. The cost of the service is 6% (six percent) of the total turnover of funds from the operation of chargers for charging ABETZ.
2.14. The Aggregator has the right to introduce new paid services, subscriptions or change the cost of existing services, taking into account market conditions and business needs, by amending this Agreement and/or displaying the relevant information in the Aggregator's system.
2.15. Provided that the User makes a payment in accordance with the provisions of this section, the User has the right to access the Contractor's chargers, information about which is available in the Application, provided that such chargers are free, technically sound and not used by other Users.
2.16. The Aggregator provides the User with access to ABETZ charging services only if there is a sufficient amount of funds on the User's account or if there is a preliminary reservation of funds in the amount not less than determined for the respective charger.
2.17. If the reserved amount or funds on the User's account are insufficient to continue the charging session, the Aggregator has the right to terminate the provision of Access to the charging service.
2.18. After the termination of the provision of charging services, the User may be charged a fee for downtime, if it is provided for by the Contractor's tariff and was displayed to the User before the start of the session or before such downtime was accrued.
2.19. If it is not possible to automatically write off the downtime fee or if the User does not repay the debt for downtime, the Aggregator has the right to restrict or block such User's access to charging services in the system until the debt is fully repaid. At the same time, the Aggregator is not obliged to compensate the Contractor for the amount of such debt, if it was not actually collected from the User.
2.20. The funds actually paid by the User for the received charging services are not subject to refund after the proper provision of the relevant service, except for the cases expressly provided for by the legislation of Ukraine, the rules of the payment system or this Agreement.
2.21. The Parties agree that the Aggregator is a digital and computing system that provides technical interaction between the Contractor and the User, but is not a party to the actual provision of the charging service in terms of physical charging of ABETZ, unless otherwise expressly provided for by this Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE AGREEMENT
3.1. Rights of the Contractor
3.1.1. receive from the Aggregator complete and reliable information about the terms of this Agreement and the functionality of the system;
3.1.2. receive payment for ABEC charging services in the manner provided for by this Agreement and the payment infrastructure;
3.1.3. post information about the person who provides ABETZ charging services in the Application;
3.1.4. independently determine tariffs, minimum reservation amount, downtime rules and other commercial conditions for their chargers within the functionality of the system;
3.1.5. contact the Aggregator for technical support, data updates, adjustments of the location or technical parameters of chargers.
3.2. Rights of the User
3.2.1. receive through the website, Application and other digital services of the Aggregator complete and reliable information about the terms of use, tariffs, available chargers and payment procedure;
3.2.2. make payment by pre-depositing or reserving funds at any time within the functionality of the system;
3.2.3. subject to compliance with the terms of this Agreement, use free chargers, information about which is available in the system;
3.2.4. contact the support service of the Aggregator within its functionality.
3.3. Rights of the Aggregator
3.3.1. store and process the personal data of the Contractor and the User, which were provided to the Aggregator during the execution of this Agreement, as well as the data of the Users who interacted with chargers, within the framework of the legislation of Ukraine;
3.3.2. for a more accurate display of chargers on electronic cards, by prior agreement with the Contractor, change their location and technical parameters in the system;
3.3.3. not to refund the funds actually spent by the Contractor or the User in the system, except for the cases expressly provided for by the legislation of Ukraine, the rules of payment systems or this Agreement;
3.3.4. with the written consent of the Contractor, carry out work aimed at eliminating deficiencies in the functioning of chargers, including correction of installation of power supply networks, restoration of operability, modernization, modification and renewal of components, with the provision of a written report to the Contractor no later than 3 (three) calendar days from the date of completion of such work;
3.3.5. introduce additional paid services, change the cost of subscriptions, licenses, online services, as well as other financial parameters of the system in case of business necessity, market changes or changes in the cost of the services involved;
3.3.6. unilaterally amend this Agreement and post the relevant information on the website and/or in the Aggregator's mobile application;
3.3.7. suspend or restrict the Access of the Contractor or User in cases expressly provided for by this Agreement;
3.3.8. send information messages to the Contractor and/or the User related to the functioning of the system, new products, services, special offers or technical changes, with the right to refuse marketing messages in the manner determined by the Aggregator.
3.4. Obligations of the Contractor
3.4.1. configure your own chargers in the Software, including: conclude the necessary acquiring agreements or other agreements with financial institutions, select the payment mode, set the cost of the charging service, fill in the location address, power, technical parameters and other necessary data;
3.4.2. ensure the proper location, installation, connection, supply of current, voltage and grounding of chargers in accordance with applicable norms, rules and standards;
3.4.3. not to disseminate false information regarding the Aggregator or the terms of this Agreement;
3.4.4. not to transfer access to your account in the system to third parties;
3.4.5. pay invoices issued by the Aggregator and previously agreed by the Contractor for work to eliminate deficiencies in the functioning of chargers;
3.4.6. not to disclose Confidential Information;
3.4.7. place in the system information about a legal entity, sole proprietorship or other person who receives funds, owns the station, is a representative of the owner, tenant or other proper user of the station, if such information is necessary for display in the station profile, and independently ensure compliance with the requirements of the financial institution regarding the display or submission of such information.
3.5. Obligations of the User
3.5.1. take care of the property used to receive services under this Agreement, including the charger, cable, connector, adjacent equipment and parking space;
3.5.2. not to disseminate false information regarding the Aggregator, the Contractor or the terms of this Agreement;
3.5.3. not to disclose Confidential Information;
3.5.4. use the parking space directly adjacent to the charger exclusively for its intended purpose — to accommodate an electric vehicle that is in a state of charging from such a charger;
3.5.5. in the event of any malfunction of the car during the charging process or after it, if there is a suspicion that the malfunction could have occurred as a result of the use of the charger, do not carry out repair work until the official conclusion of the specialist on the cause of the malfunction is obtained, such a conclusion of the Contractor and/or the Aggregator is agreed upon and further actions are agreed upon by all interested parties.
3.5.6. Before starting charging, familiarize yourself with the rules for using the emergency stop button for the supply of current (EMO), namely:
3.5.6.1. the use of the EMO button is allowed only in case of an emergency or potentially dangerous situation;
3.5.6.2. in case of unreasonable interruption of the current supply using the EMO button, in the absence of an emergency, a fine of UAH 5000 may be applied to the User.
3.5.6.3. The user is aware that interruption of the current supply using the EMO button may lead to increased wear of contactors and vehicle electronics, as well as contactors, electronics and power modules of the charging station.
3.5.7. When using adapters, adapters or modified connection solutions, observe the following rules:
3.5.7.1. complete charging exclusively through the Application, system or using the vehicle functionality, if it is provided for by the vehicle design;
3.5.7.2. do not remove the connector until the current supply is completely stopped;
3.5.7.3. The user understands that violation of this rule may lead to damage to the contactors of the vehicle and the station, as well as to ignition of the connector or adapter contacts;
3.5.7.4. for removing the connector that is under current, a fine of UAH 70000 may be applied to the User, if this directly leads to damage to the charging station.
3.5.8. Before charging, check the condition of the station, cable, connector and socket of the car for physical damage. In case of damage, the User is obliged to immediately notify the technical support of the Aggregator and not use the charger until the relevant shortcomings are eliminated.
3.5.9. in case of continued use of the charger after signs of damage are detected, the User assumes the risks associated with such use to the extent permitted by the legislation of Ukraine.
3.5.10. in case of a power outage to the station when the connector is disconnected, press the button to end the charging session in the Application or notify the support service.
3.5.11. In case of an unsuccessful attempt to start a charging session, take into account that the station can maintain authorization for 150 (one hundred and fifty) seconds 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.
3.5.12. The responsibility for the timely completion of the charging session in the event of a power supply to the station, including in the event of an unsuccessful attempt to charge or reconnect, rests with the User.
3.6. Responsibilities of the Aggregator
3.6.1. properly fulfill its obligations under this Agreement, including the provision of Access to the Contractor and the User;
3.6.2. ensure the proper functioning of the support service within its technical capabilities;
3.6.3. ensure the proper functioning of the Software and the Application within its technical capabilities;
3.6.4. during the validity of this Agreement, provide the Contractor with access to the ADMIN PANEL;
3.6.5. display in the system up-to-date information on tariffs, status of chargers, minimum reservation amount and other data within the information provided by the Contractor and available to the system;
3.6.6. in cases provided for by this Agreement, take technical measures to block access, terminate sessions, display faulty stations or restrict the use of the system.
4. CONFIDENTIAL INFORMATION
4.1. The Parties have agreed that any information in any form that belongs to the Aggregator, the Contractor or relates to the User and was obtained in connection with the conclusion, performance or termination of this Agreement, including personal data, registration data, access data, information on the use of the mobile application, website and related services, is confidential information (hereinafter referred to as "Confidential Information").
4.2. The Aggregator and the Contractor undertake to ensure the protection of Confidential Information, not to disclose it and not to use it for purposes not related to the execution of this Agreement, except for the cases provided for by the legislation of Ukraine or this Agreement.
4.3. Upon termination of this Agreement, the Aggregator and the Contractor undertake to take the necessary measures to destroy, return or delete materials and media containing Confidential Information, unless otherwise established by law.
4.4. The use of Confidential Information by the Aggregator and/or the Contractor to carry out newsletters independently or with the involvement of third parties is not a violation of this Agreement, subject to compliance with the requirements of the legislation of Ukraine.
4.5. Disclosure of Confidential Information is allowed only in cases and in the manner provided for by the legislation of Ukraine.
4.6. The User, by acceding to this Agreement, gives consent to the Aggregator and the Contractor to process their personal data to the extent necessary for the conclusion, performance and termination of this Agreement.
4.7. The User shall not have the right, without the prior written consent of the Aggregator or the Contractor, to publish or transmit for publication any information relating to this Agreement, as well as information containing a mention of the Aggregator, the Contractor, their names, trade designations, subsidiaries or related companies, employees, officials or representatives.
4.8. The use of the logo of the Aggregator or the Contractor in a modified form without the prior written permission of the relevant party is prohibited.
5. RESPONSIBILITY
5.1. The user is obliged to check the charging station connector and the vehicle socket for contamination and mechanical damage before charging. In the event of dirt, damage or other deficiencies, the User is obliged to immediately notify technical support and not to start charging until the relevant circumstances have been eliminated.
5.2. In case of violation of the terms of this Agreement, the Contractor, the User or third parties shall be liable within the limits of the damages caused and/or in the form of penalties in cases expressly provided for by this Agreement.
5.3. The aggregator, represented by specialists working in the field of charging, has the right to determine the amount of penalties solely on the basis of a motivated calculation. The amount of such penalties may not exceed the amount of damages caused to the Contractor, Users or third parties who applied to the Aggregator for compensation.
5.4. Penalties are paid by the Contractor, the User or third parties exclusively directly in favor of the party to whom the damage was caused.
5.5. The grounds for the application of penalties are the following violations:
5.5.1. negligent attitude to chargers used under this Agreement, if this has led or could lead to damage to electric vehicles;
5.5.2. poor-quality installation or improper maintenance of chargers under this Agreement;
5.5.3. the use of non-certified adapters (adapters), which is prohibited and leads or may lead to damage to charging stations or electric vehicles;
5.5.4. disclosure of Confidential Information;
5.5.5. dissemination of false information regarding the Aggregator or the process of execution of this Agreement.
5.6. Upon detection of the fact of the Contractor's violation provided for in clause 5.5 of this Agreement, the Aggregator in each individual case determines the amount of penalties to be paid by the Contractor, and notifies the Contractor thereof in writing, in particular by e-mail.
5.7. In case of violation of the terms of this Agreement by the Contractor, the Aggregator has the right to suspend the display and/or access of Users to the faulty station until the relevant problem is completely eliminated.
5.8. In case of violation by the User of obligations under this Agreement, the Contractor has the right to suspend the fulfillment of its obligations under this Agreement for a period of up to 7 (seven) calendar days.
5.9. After payment of penalties provided for by this Agreement and elimination of violations, the Contractor has the right to continue the implementation of the terms of this Agreement.
6. OTHER CONDITIONS
6.1. The Aggregator has the right to unilaterally amend this Agreement. Such changes shall enter into force from the moment of their publication as part of a new version of the Agreement on the website and/or in the mobile application of the Aggregator, unless another term of entry into force is specified in the version of the amendments itself.
6.2. In case of disagreement with the amendments to this Agreement, the Contractor and/or the User are obliged to stop using the Aggregator's software products. Further use of the system after the entry into force of the changes is considered to be acceptance of such changes.