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Home Prices Guides Terms of Use

Version of the Agreement: №2024.08.08

AGREEMENT ON GRANTING ACCESS TO THE SOFTWARE

This Agreement is a contract of adhesion, concluded between the Private Enterprise "Charger System", hereinafter referred to as the Contractor - a person acting in accordance with the subject matter of this Agreement, and the Client - any person who has downloaded the mobile application and intends to access the services provided for hereunder, provided for by this Agreement, and has confirmed such intention by registering in the Contractor's system, or who has logged into his/her/they account in the Contractor's system, and therefore is deemed to have read the provisions of the Agreement, accepted them and consented to the storage and processing of his/her/they personal data in connection with the provision of the relevant services.

1. CONTRACT SUBJECT

  • 1.1. Under this Agreement, the Contractor shall provide access to the software of the charger for electric vehicles (hereinafter referred to as "Access"), and the Client shall pay for such Access.
  • 1.2. The Client undertakes to pay the Contractor for the performance of this Agreement by prepaying or reserving funds in the amount that the Client wishes to spend in the Contractor's system. In case of excess or balance of this amount, the Contractor's system shall write off or return the difference in payments from the card or to the Client's card. This can happen both automatically and be initiated by the Contractor or the Client.

2. PAYMENT

  • 2.1. Tariffs for access to the software of each charger are indicated in the Contractor's mobile application.
  • 2.2. Payment at the tariff for the number of kilowatts consumed includes kilowatts consumed from the grid, including the cost of transportation and conversion of electricity, according to the value from the input AC meter. Electricity conversion and transportation costs can range from 1% to 15%, depending on the length of the input cable to the charger and the type of car.
  • 2.3 The electric motorist pays an additional 3% to the acquirer (the financial institution is responsible exclusively for the additional service of payment by bank cards), and an additional 5% royalty to the Aggregator for the services of the management and monitoring system, from each amount spent on charging the electric vehicle in the Aggregator system, by tacit agreement of the charger and the electric motorist when using the Aggregator system.
  • 2.4. Payment shall be made by depositing or reserving funds to the Client's personal account in the Contractor's system in the amount of not less than UAH 50. 00 kopecks, and the station owner has the opportunity to increase this amount, in case of increase, this information will be displayed in the station profile and when choosing a payment method.
  • 2.5. Upon direct receipt of the Accesses under this Agreement by the Client, the Client's bank card shall be debited or reserved in the settlement system or systems offered by the Contractor in the amount of the cost determined taking into account the provisions of clauses 2.1, 2.2, 2.3, 2.4 of the Agreement.
  • 2.6. The Client's funds transferred to the bank account of the respondents (owners of chargers) of the Contractor, and further to the personal account of the respondents (owners of chargers) of the Contractor, shall be a payment for the Services of this Agreement and shall not be refunded to the Client under any circumstances. The Contractor is only a system that connects the Client and the respondents (owners of chargers that provide the service).
  • 2.7. The Contractor shall not be obliged to fulfill the terms of this Agreement if the amount of funds prepaid or reserved by the Client is less than specified in clause 2.4.
  • 2.8. Subject to payment in accordance with the provisions of Section 2 of the Agreement, the Client has the right to access this Agreement using free chargers for electric vehicles (including their connectors and adjacent parking spaces), information about which is available on the Contractor's website and in the Contractor's mobile application.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE AGREEMENT

  • 3.1. The Client has the right to:
    • 3.1.1. receive from the Contractor complete and accurate information about the cost and procedure for the execution of this Agreement on the Contractor's website and in the Contractor's mobile application;
    • 3.1.2. to make payment by prepayment or reservation of funds in the Contractor's system at any time.
  • 3.2. The Contractor has the right to:
    • 3.2.1. to introduce additional paid services or change the cost, amounts of funds established by clauses 2.1., 2.2., 2.3., 2.4 of the Agreement;
    • 3.2.2. unilaterally amend the Agreement and post relevant information on the Contractor's website and in the Contractor's mobile application;
    • 3.2.3. store and process the Client's personal data provided to the Contractor during the performance of this Agreement;
    • 3.2.4. change the location of charging stations, their technical parameters, increase or decrease their number;
    • 3.2.5. not to refund the funds spent by the Client in the Contractor's system;
    • 3.2.6. suspend the fulfillment of the terms of this Agreement and, in the future, not fulfill its obligations to the Client who violates the terms of the Agreement, in particular in terms of compliance with the Client's obligations under clause 3.3. of the Agreement, and / or has not paid the amount of penalties provided for in clause 5.1. of the Agreement;
    • 3.2.7. not to be responsible for causing any malfunction of the car, in case of violation of the algorithm for car repair specified in clause 3.3.5.
  • 3.3 The Client is obliged to:
    • 3.3.1. take care of the property used by the Client to directly obtain Accesses under this Agreement;
    • 3.3.2. not to disseminate false information about the Contractor or the terms of this Agreement;
    • 3.3.3. not to disclose Confidential Information;
    • 3.3.4. use the parking space directly adjacent to the charger for electric vehicles exclusively for its intended purpose - to place an electric vehicle that is in a state of charging (being charged) from such a charger.
    • 3.3.5. in the event of any malfunction of the car during or after charging, if there is a suspicion that the malfunction occurred due to the operation of the charger, do not carry out repair work until the official conclusion of a specialist regarding the cause of the malfunction, and the Contractor is familiarized with the conclusion, and the decision on repair is agreed by all parties.
    • 3.3.6. familiarize yourself with the rules for using the emergency power cut-off button (EMO), namely
      • 3.3.6.1. a fine shall be imposed for interrupting the power supply using the EMO button and there is no emergency
      • 3.3.6.2 interrupting the current supply using the EMO button leads to increased wear of the contactors and electronics of the vehicle, as well as contactors, electronics, power modules of the charging station.
    • 3.3.7. to familiarize with the rules of using adapters, or recycling the standard of the socket outlet of the car, namely:
      • 3.3.7.1. finish charging only from the application, or from the car (most commonly this can be done by double pressing the auto disconnect button on the key).
      • 3.3.7.2 Do not remove the connector until you are sure that the current on it does not exceed 0 amperes (on the transaction page, charging session)!
      • 3.3.7.3 If you violate the rule, you can burn out the contactors in the auto and station, and set fire to the contacts of the connector and adapter.
      • 3.3.7.4. Never remove a connector that is under electric energy.
    • 3.3.8. Check the condition of the station, cable, connector and vehicle socket for physical damage. In case of damage, immediately notify the technical support of the aggregator, which works 24/7, and do not use the charger. The user assumes all risks when using the device.
    • 3.3.9 In the case of a power cut of the station, the user is responsible for disconnecting the connector and pressing the button to end the charging session in the application or notify support.
  • 3.4 The Contractor shall be obliged to:
    • 3.4.1. provide the Client with information on the current terms of the Agreement and the conditions for the implementation of these terms on the Contractor's website and in the Contractor's mobile application;
    • 3.4.2. ensure the proper functioning of the support service within its technical capabilities.

4. CONFIDENTIAL INFORMATION

  • 4.1 All information in any form belonging to the Contractor, namely personal data entered by the Client during registration and/or in the process of obtaining Accesses under this Agreement and using the mobile application, website, or disclosed or provided in any way by the Client to the Contractor and related to the fulfillment of the terms of this Agreement (hereinafter referred to as the "Confidential Information"), shall be considered confidential. The Contractor warrants that it shall use its best efforts, taking into account the resources available to it, to keep the Confidential Information confidential and undertakes not to use the Confidential Information for any purpose other than to ensure the performance of this Agreement. Upon termination of this Agreement, the Contractor shall take all measures with respect to the materials relating to any Confidential Information, including, without limitation, destruction of such materials or their return to the Contractor, deletion from information storage devices. It shall not be considered a violation of the terms of this Agreement if the Contractor uses the Confidential Information for the purpose of sending newsletters independently and/or with the involvement of third parties. The Contractor shall have the right to disclose Confidential Information only under the conditions specified by law and/or in the interests of national security, economic well-being and human rights.
  • 4.2 The Client, by agreeing to the terms of this Agreement, agrees to the processing of his/her personal data.
  • 4.3 The Client shall not publish or communicate for publication any information relating to this Agreement, or which mentions the Contractor or implies the name of the Contractor, its subsidiaries or related companies, or their respective employees, trustees, officers or representatives, or trade or business names of the Contractor or its subsidiaries or related companies, without obtaining the prior written consent of the Contractor.

5. RESPONSIBILITY

  • 5.1. The Contractor shall have the right to determine the amount of penalties to be paid by the Client in case of the following violations by the Client:
    • 5.1.1. negligent treatment of the property used by the Client to directly obtain the Accesses under this Agreement;
    • 5.1.2. intentional damage to the property used by the Client for direct access to the Accesses under this Agreement;
    • 5.1.3. dissemination of false information regarding the Contractor or the process of fulfillment of this Agreement;
    • 5.1.4. disclosure of Confidential Information.
  • 5.2 After detecting the fact of the Client's violations specified in clause 5.1. of the Agreement, the Contractor in each case determines the amount of penalties to be paid by the Client for such violation, and notifies the Client in writing (by e-mail).
  • 5.3 In case of payment of the amount of penalties provided for in clause 5.1. of the Agreement, the Contractor may continue to fulfill the terms of this Agreement.
  • 5.4 In case of violation by the Client of the obligation established by clause 3.3.4. of the Agreement, the Contractor shall have the right to suspend the fulfillment of the terms of this Agreement for a period of 7 (seven) calendar days.

6. OTHER CONDITIONS

  • 6.1. Amendments to the Agreement shall enter into force upon their publication as part of the text of the Agreement on the Contractor's website and in the Contractor's mobile application.
  • 6.2 In case of disagreement with the amendments to the Agreement made by the Contractor, the Client shall immediately (from the date of detection of such disagreement by sending a written notice to the Contractor's e-mail address) terminate the performance of this Agreement. If the Client continues to receive Access under this Agreement, it shall be deemed that he/she has agreed to the amendments previously made to the Agreement.
  • 6.3 This Agreement shall be valid from the moment of the Client's registration in the Contractor's system or the Client's login to his account in the Contractor's system as a registered user, which will be regarded as a conclusive action of the Client aimed at concluding and signing this Agreement.
  • 6.4 The Agreement is concluded for a period of 1 year.
  • 6.5 Unless the Client or the Contractor notifies the other party to the Agreement in writing of its termination one month prior to the expiration of the Agreement, the Agreement shall be deemed extended for a period of 1 year.

Version of the Agreement: №2024.5.1

AGREEMENT ON CONNECTING CHARGING TO THE SOFTWARE

This Agreement is a contract of adhesion, concluded between the Private Enterprise "Charger System", hereinafter referred to as the Aggregator - a person acting in accordance with the subject matter of this Agreement, and the Charger - any person who owns a charger, has downloaded the mobile application and intends to gain online access to their chargers, provided for in this Agreement, and has confirmed such intention by registering in the Aggregator's system, or who has logged into his/her account in the Contractor's system, and therefore is deemed to have read the provisions of the Agreement, accepted them and consented to the storage and processing of his/her personal data in connection with the provision of the relevant services.

1. CONTRACT SUBJECT

  • 1.1. Under this Agreement, the Aggregator provides access (hereinafter referred to as "Access") to the software that unites the owners of chargers (hereinafter referred to as "Charger") and owners of electric vehicles.
  • 1.2. The Charger is obliged to configure its own chargers and choose the mode of payment for such Access and fill in the system with the location address, cost of services, power and other data.

2. FINANCE AND SETTLEMENTS

  • 2.1. The Charger undertakes to pay the Aggregator for online services, subscriptions, licenses and other expenses related to the operation of the Charging System, such as:
    • 2.1.1 Subscription - Basic "ONLINE".
      Data processing and charger monitoring service using Charger System services, availability of charger information through the EVA Chargers mobile application. The service is applied automatically to all stations from which one or more charging sessions have been processed in a calendar month. The cost of the service is USD 5 per month for each charger with sessions during the month, in UAH equivalent at the NBU exchange rate on the day of receipt of the invoice.
    • 2.1.2 Subscription - Additional service "INTERNET" at the request of the Charger, for each "SIM card" of the Internet connection the cost is $ 3 per month, in UAH equivalent at the NBU exchange rate on the day of receipt of the invoice.
    • 2.1.3 Subscription - Additional service "OPERATING SERVICE" at the request of the Charger, automated operational and accounting, including payment for electricity, meter reconciliation, operational issues, etc. The cost of the service is 6% of the station's turnover.
    • 2.1.4 Subscription - Additional service "BONUSCASH"at the request of the Charger, the service of withdrawal of funds from the bonus balance, transit and payment system accounts, the Aggregator's commission is 7% of the withdrawal amount.
    • 2.1.5. Subscription - Additional service "MULTIBULKING" at the request of the Charger, connecting the station to an additional operator is an additional $ 7 per month, in UAH equivalent at the NBU exchange rate on the day of receipt of the invoice, for each additional operator.

      When connecting third-party operators, pricing should be fair and equitable, comparable to EVA Chargers and taking into account the charger's costs for the cost of operator commissions, which are calculated and paid separately according to the formula:
      1 kWh price + 5% royalty + 2.5% bank commission
      Example: 10 UAH per 1 kW + 0.5 UAH + 0.27 UAH = 10.77 UAH total cost
      Calculations with a nested commission: price of 1 kW - 13% commission
      10 UAH + (14.9%) = 11.49 UAH total cost.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE AGREEMENT

  • 3.1. The Charger shall have the right to:
    • 3.1.1. receive from the Aggregator complete and accurate information about the cost and procedure for the execution of this Agreement on the Aggregator's website and mobile application;
    • 3.1.2. to receive only non-cash payment by accounting for funds in the Aggregator's system at any time.
  • 3.2. The Aggregator shall be entitled to:
    • 3.2.1. introduce additional paid services or change the cost, amounts of funds established in clause 2.4. of the Agreement if the amount is twice the market average, and clause 2.6. of the Agreement in case of business necessity in accordance with market circumstances and processes;
    • 3.2.2. unilaterally amend the Agreement and post relevant information on the Aggregator's website and mobile application;
    • 3.2.3. store and process the Charger's personal data provided to the Aggregator during the execution of this Agreement;
    • 3.2.4. change the location of charging stations in the system, their technical parameters, increase or decrease their number;
    • 3.2.5. not to refund the funds spent by the Charger in the Aggregator's system;
    • 3.2.6. suspend the fulfillment of the terms of this Agreement and, in the future, not fulfill its obligations to the Charger that violates the terms of the Agreement, in particular in terms of compliance with the Charger's obligations under clause 3.3. of the Agreement, and/or has not paid the amount of penalties provided for in clause 5.1. of the Agreement;
    • 3.2.7 to eliminate defects in the functioning of the chargers, carry out any work on the installation and correction of the station, including modernization, modification, updating of components, etc.
  • 3.3. The Charger is obliged to:
    • 3.3.1. take care of the quality of the chargers' locations and the quality of installation and current supply in accordance with the norms and standards used by the Client as the owner of the electric car to directly receive Access and services under this Agreement;
    • 3.3.2. not to disseminate false information regarding the Aggregator or the terms and conditions of this Agreement;
    • 3.3.3. not to disclose Confidential Information;
    • 3.3.4. to use the parking space directly adjacent to the charger for electric vehicles exclusively for its intended purpose - to place an electric vehicle that is in a state of charging (being charged) from such a charger.
    • 3.3.5. to place in the application information about the legal entity, individual entrepreneur, etc. that receives funds, owns the station (or is the owner's representative, tenant, etc.), this information will be reflected in the station profile. If you do not want this information to be displayed, you must sign a paper version and send it to the acquiring financial institution that is used.
    • 3.3.6. not to transfer access to the account(s) to third parties, and not to sell equipment with the account.
    • 3.3.7. to pay the invoices issued by the Aggregator for the work on elimination of defects in the functioning of chargers clause 3.2.7.
  • 3.4 The Aggregator shall be obliged to:
    • 3.4.1. provide the Charger and the Client with information on the current terms of the Agreement and the conditions for the implementation of these terms on the Aggregator's website and mobile application;
    • 3.4.2. ensure proper functioning of the support service within its technical capabilities.

4. CONFIDENTIAL INFORMATION

  • 4.1 All information in any form belonging to the Aggregator, namely personal data entered by the Charger during registration and/or in the process of obtaining Accesses under this Agreement and using the mobile application, website, or disclosed or provided by the Charger to the Aggregator in any way and related to the fulfillment of the terms of this Agreement (hereinafter referred to as the "Confidential Information"), shall be considered confidential. The Aggregator warrants that it shall use its best efforts, taking into account the resources available to it, to keep the Confidential Information confidential and shall not use the Confidential Information for any purpose other than to ensure the performance of this Agreement. Upon termination of this Agreement, the Aggregator shall take all measures with respect to materials relating to any Confidential Information, including, without limitation, destruction of such materials or their return to the Aggregator, deletion from information storage devices. It shall not be considered a violation of the terms of this Agreement if the Aggregator uses the Confidential Information for the purpose of sending newsletters independently and/or with the involvement of third parties. The Aggregator shall have the right to disclose Confidential Information only under the conditions specified by law and/or in the interests of national security, economic welfare and human rights.
  • 4.2 The Charger, by agreeing to the terms of this Agreement, agrees to the processing of its personal data.
  • 4.3 The Charger shall not publish or communicate for publication any information relating to this Agreement, or which mentions the Aggregator or implies the name of the Aggregator, its subsidiaries or related companies, or their respective employees, trustees, officers or representatives, or trade or business names of the Aggregator or its subsidiaries or related companies, without obtaining the prior written consent of the Aggregator.

5. RESPONSIBILITY

  • 5.1. The Aggregator shall have the right to determine the amount of the penalty (solely according to a reasoned calculation), which may not exceed the amount of compensation for damages caused to the Aggregator, electric vehicles or third parties who have applied to the Aggregator for compensation. The fine shall be paid by the Charger in case of the following violations by the Charger:
    • 5.1.1. negligent attitude to the chargers used by the Charger to directly obtain Accesses under this Agreement;
    • 5.1.2. poor installation or maintenance of chargers used by the Charger to directly obtain Accesses under this Agreement;
    • 5.1.3. dissemination of false information regarding the Aggregator or the process of fulfillment of this Agreement;
    • 5.1.4. disclosure of Confidential Information.
  • 5.2. Upon detection of the fact of violations by the Charger specified in clause 5.1. of the Agreement, the Aggregator shall determine in each case the amount of penalties payable by the Charger for such violation and notify the Charger in writing (by e-mail).
  • 5.3. In case of payment of the amount of penalties provided for in clause 5.1. of the Agreement, the Aggregator may continue to fulfill the terms of this Agreement.
  • 5.4. In case of violation by the Charger of the obligation established in clause 5.1. of the Agreement, the Aggregator shall have the right to suspend the fulfillment of the terms of this Agreement for a period of 7 (seven) calendar days.

6. OTHER CONDITIONS

  • 6.1. Amendments to the Agreement shall enter into force upon their publication as part of the text of the Agreement on the Aggregator's website and mobile application.
  • 6.2 In case of disagreement with the amendments to the Agreement made by the Aggregator, the Charger shall immediately (from the date of detection of such disagreement by sending a written notice to the Aggregator's e-mail address) terminate the execution of this Agreement. If the Charger continues to receive Access under this Agreement, it shall be deemed that it has agreed to the amendments previously made to the Agreement.
  • 6.3 This Agreement shall be valid from the moment of registration of the Charger in the Aggregator's system or the Charger's login to his/her account in the Aggregator's system as a registered user, which will be considered as a conclusive action of the Charger aimed at concluding and signing this Agreement.
  • 6.4. In cases of payment for charging services by legal entities, Chargers who are individual entrepreneurs and are in the 2nd group of the Single Tax cannot provide these services in accordance with the current Law of Ukraine.
  • 6.5 The Agreement is concluded for a period of 1 year.
  • 6.6 If the Charger or Aggregator does not notify the other party to the Agreement in writing of its termination one month before the expiration of the Agreement, the Agreement shall be deemed extended for a period of 1 year.