Authentication : means (Smartphone App. or EV-pass) that provides access to EV-Point’s charging stations.
Authorization : Authorization to activate a Service.
Special conditions : conditions specifically added to a project-based agreement.
Services : the services offered by EV-Point through the Website or otherwise.
End User : The (natural or legal) person who uses the Products and/or Services. He/she has an EV-Pass number and a password.
Electric vehicle : a vehicle partially (hybrid) or completely powered by an electric motor.
Customer : the (natural or legal) person who enters into an agreement with EV-Point for one or more products or services.
Charging Point : Equipment through which one can charge the battery of an Electric Vehicle.
“EV-Point App”: the EV-Point Back Office system, where remote authentication and authorization as well as diagnosis, data collection and billing happens.
Offer: the door EV-Point offer in relation to one or more Products or Services
Agreement: the agreement submitted in respect of both one-time and recurring services between EV-Point and the Customer in respect of Products and Services. The General Terms and Conditions as well as the signed Offer and any Special Terms and Conditions are an integral part of all signed agreements.
Products: all Products offered by EV-Point.
Website : the website of EV-Point (www.ev-point.be)
ART. 2 Applicability
The General Terms and Conditions apply to all Products and Services offered by EV-Point. These terms and conditions apply to all legal transactions between the Customer/End user and EV-Point.
The General conditions indicate the rights and obligations in the relationship between the Customer/End user and EV-Point. Each party agrees that the Terms and Conditions are an integral part of all the Services and/or Products they use.
Only certain written Special Conditions apply to take precedence over these Terms and Conditions.
These Terms and Conditions are always above the Terms and Conditions of the Customer, unless expressly agreed otherwise in writing.
ART. 3. The agreement
Each Offer shall be valid for a period of one (1) month of the date of obtaining. The agreement only is concluded when an Offer is signed by both parties, or through an email from the Customer with a confirmation of the agreement for the Offer or by an initial payment by the Customer.
It is the sole responsibility of the Customer/End user all the requested data are current, complete and correct. Any modified data must be reported in writing or via email as soon as possible to EV-Point
The Customer is obliged to impose the applicable Terms and Conditions (General and/or Special) for all offered Products and Services to the End user.
EV-Point reserves at any time the right without giving any reason to limit or refuse any order and/or the use of its Services and/or Products in whole or in part or even temporarily. When it is found that the Customer violates in any way the interests of EV-Point or suspect is to be able to violate EV-Point can, without legal intervention, dissolute the contract.
ART. 4. Rates and billing
Prices and rates for the Customer are determined in the Offers and failing such Offers rates are visible on the Website. For Offers is valid art. 3.1 is true concerning the duration time. On the Website EV-Point reserves the right at all times to be able to adjust prices and rates. EV-Point in no way guarantees the accuracy or completeness of the information provided through the Website.
The method of payment by the Customer/End user is included in the offer. If there is no specific Offer the invoice is to be met by deposit to the bank account indicated on the invoice.
All amounts which the Customer owes on the basis of an agreement are exclusive of VAT, unless explicitly mentioned otherwise.
The Client accepts that EV-Point sent all invoices electronically unless explicitly agreed otherwise in writing.
Any complaints regarding an invoice must be reported before the expiration of the time limit for payment to EV-Point, either in writing or by email. Otherwise a complaint is late and cannot be accepted.
If the Customer/End user fail to pay within the applicable time limit for payment, without notice a default interest of 1% per month from the due date of the invoice until the moment of full payment of the amount shall become payable. Also, in the event of late payment a damage fee of 10% on the outstanding amount owed, with a minimum of 100 euro. At the same time, EV-Point reserves the right to suspend delivery of its Services or Products from the date of default until the Customer has fully paid the amount due.
ART. 5. Services
For each Service EV-Point delivers an Offer. This Offer is generated through the Website, or is a project-specific Offer that is forwarded in writing or via email. Each of these Offers are subject to the Terms and Conditions, if necessary supplemented by Special (project-specific) conditions.
An agreement is entered into for the duration as indicated in this agreement, and may, in case of periodical and regular performances as for example maintenance agreements and/or connections with the “EV-Point App”-management platform, be cancelled according to the conditions set out in the relevant agreement.
Unless otherwise specified in an agreement for delivery and regular performances entered into for a period of 12 months commencing on the date that the Customer/End user signs the agreement. After this period of 12 months, the contract is tacitly renewed for an indefinite period, unless one of the parties has cancelled at least one (1) month before the expiry of the deadline in writing.
A cancellation must be made in writing, either by letter or by email to the address firstname.lastname@example.org indicating the name of the Customer, and reference number of the contract.
Customers in the meaning of private consumers (i.e. not commercial Customers) with whom an agreement has been signed on request and Offer of EV-Point, and so not after contact by the Consumer, have the possibility within 14 days after the conclusion of the agreement to cancel the agreement by registered letter and free of charge.
EV-Point has the right to dissolve the agreement or immediately terminate the provision of Services (1) in case the Customer/End user fails to comply with the obligations of the agreement, having first given the opportunity to fulfill his/her obligations within a period of 14 days after the default, (2) in the event of the bankruptcy or any other forms of inability , and (3) if the customer is a legal person which is in liquidation.
Upon termination of the agreement all mutual obligations expire immediately. Compensation is payable in the event of unlawful early termination.
ART. 6. Special service: interoperable charging
EV-Point offers Customers/End Users the opportunity to charge an electric vehicle at a charging station of interoperable partners.
The EV-Pass can be ordered through the Website, for a flat fee as stated on the Website, for personalized formatting and mailing. There are NO subscription fees for the Customer/End User for the use of an EV-Pass, nor for the use of the Smartphone Application.
Auto collection fees are charged for postpaid payments of transactions according to rates listed on the Website. The cost of charging is under conditions of the operator of the respective Charging Point. A handling fee is charged for this interoperable service as stated on the EV-Point website.
In the case of loss of the EV-Pass the Customer/End user must report this without delay in writing to EV-Point via “email@example.com”. EV-Point provides, where appropriate, immediate blocking of the EV-Pass. However, all transactions performed up to that point remain payable to EV-Point. In case of necessary replacement of an EV-Pass due to loss or damage, EV-Point will charge the flat fee (Art. 6.2).
The Customer/End user will receive by email a password that allows access to “EV-Point App”. This allows all transactions to be monitored, as well as top up payments on the EV-Pass.
The Customer/End user is responsible for complying with the technical and legal obligations of the electric vehicle for which he uses or wish to use the Services. In no way shall EV-point be held liable when the electric vehicle is not or cannot be safely charged because of a defect in the vehicle or to the used tools such as charging cables.
EV-Point may in no case be held liable for the damage which the Customer/End user suffers as a result of not or not completely or not in time charging the vehicle and in connection with the use or functioning of a charging point.
ART. 7 Products
EV-Point will provide an offer for each Product. This Offer is generated via the Website, or is a project-specific Offer sent in writing or via email. Each of these Offers is subject to the General Terms and Conditions, possibly supplemented by Special (project-specific) Terms and Conditions.
Each of the Products are covered by the factory warranty of the Product. Unless agreed otherwise, the Products are installed by the Customer. In no event EV-Point shall be held responsible for an incorrect or careless placement or for the misuse of a Product when the installation was not realized by EV-Point. Repair costs can be charged by EV-Point when they result from a careless use and/or Product placement.
If installation of the Products is provided by EV-Point this is expressly written in the offer. EV-Point has a liability insurance subscribed for this work which is included in the price. Unforeseen work, loss of time due to inaccessible places, unavailable data, installation will be deducted at the EV-Point applicable hourly rate.
Work carried out without an Offer or outside any warranty will be deducted at the EV-Point applicable hourly rate, including travel costs and plus all the materials used.
The Customer/End user will report damage to or problems with the Products without delay to EV-Point, which – as far as the guarantee is valid or within the framework of a maintenance agreement – after receipt of the report, restore the identified problems remedy as soon as possible, and if necessary, replace the Products or parts of it.
A maintenance agreement is always the subject of a separate agreement in addition to the contract of sale of a Product.
The property title of the Products passes to the Customer/End user only from the moment when all owed payments have been made. The Customer is obliged to inform the End user that this reservation of title exists, and that hereby expressly and irrevocably access is given to EV-Point the right to enter to all those places where the property of EV-Point, prepared or processed, are located and the right to take Products back.
ART. 8 Service
EV-Point features a FREE help line that is reachable via the telephone number 0800/16822, as listed on the Charging Stations. This help desk is accessible 24 h/24 h for calls with number recognition (no private numbers). This helpline is for End users, but only in case of notification of malfunction or other failure of a charging point.
For all other questions/complaints a Customer/End user needs to contact during office hours (from 9 a.m. to 5 p.m.) with the Office using the phone number 09 223 10 09.
EV-Point can, see art. 6.8, never be held responsible for a malfunction or defect where damage would arise for the Customer/End user, even if contact with the helpline has been made.
ART. 9 Miscellaneous
It is under no circumstances allowed to the Customer/End user to transfer in any way without the prior consent of EV-Point to third parties his/her rights and obligations arising out of an agreement.
Errors or omissions made by an End user, to whom the Customer has granted access for the use of Products or Services from EV-Point, fall completely under the responsibility of the Customer.
The Customer/End user needs to make sure that the connections at the by himself used peripherals such as mobile phones or computers are sufficiently secured against unauthorized use or viruses. In no way EV-Point shall be held responsible for interrupted or disturbed function of communication, infrastructure or internet connections.
Parties shall mutual be liable only for direct and foreseeable damage arising out of contractual infringements, unless intent or gross negligence can be proven. Any kind of liability is void in case of proven force majeure.
Both the Customer and the End user expressly declares that all rights of intellectual property of both the Products and the Services, as well as of all information exchanged remain the property of EV-Point. All rights and information at all times retain their confidential nature between the parties.
In the processing of personal data in the context of the offered Products and Services EV-Point carries the greatest possible care for current legislation on privacy.
EV-Point informs the Customer/End user (via the Website) on possible state aid.
EV-Point shall use its best efforts to carry out the Services carefully on the basis of an obligation. Delivering (and possibly placing) of Products is a result obligation.
All agreements of EV-Point are supposed to be written in Dutch, even if an informative translation is signed in another language.
EV-Point reserves the right to change these Terms and Conditions at any time without informing the Customer/End user personally.
For each agreement, the General Conditions and any special Terms and Conditions apply Belgian law. Any disputes should be submitted to the competent court of the seat of CVBA EV-Point.