General terms and conditions for operators of charging stations
These general terms and conditions for charging station operators (hereinafter referred to as "terms and conditions") apply to contracts concluded between the company
VAT number: CZ04491785
registered in the commercial register maintained by the Regional Court in Brno, section C, insert 90210
Address for delivery: Nebovidy 223, 664 48, Nebovidy
Phone number: +420 530 508 424
Contact e-mail: firstname.lastname@example.org
as a provider of marketing services in the field of electromobility (hereinafter referred to as "PROVIDER")
and the operator of the charging station for electric cars (hereinafter referred to as the "operator")
(THE PROVIDER and the operator hereafter together also only as "contracting parties").
1. Introductory Provisions
1.1. The terms defined below are used in these terms and conditions:
• active station means a charging station that enables charging to be paid for using credits and whose charging stands can be activated by the Provider's customers via a user account or mobile phone (the profiles of other charging stations listed on the web interface are only informative and serve mainly for navigation to the given charging station) ;
• the price of electricity means the price that the Provider's customer will pay for 1 kWh, which is indicated on the web interface;
• price for charging an electric car means the total price that the customer of the Provider pays for charging an electric car depending on the relevant tariff;
• time price means the price that the Provider's customer pays for 1 minute of charging, which is indicated on the web interface;
• EVMAPA or EVMAPA is an online portal operated by the PROVIDER located at www.evmapa.cz;
• charging station means a place intended for charging electric cars equipped with one or more charging racks and possibly providing other additional services operated by the operator;
• fee for using a charging stand means a one-time fee, the amount of which is determined by the operator and is a reward for using the infrastructure and its charging station. The amount of the fee for each charging stand is indicated on the web interface;
• EVMAPA commission means the payment due to the Provider for the services provided by him;
• the operator is a natural or legal person who is the owner or authorized operator of a charging station for electric cars;
• services means promotional services in the field of electromobility, in particular consultancy, marketing, management of interactive station maps and navigation system, mediation of payments for the use of a charging station and possibly other services listed on the web interface;
• contract means a contract for the provision of services or another contract concluded according to these terms and conditions;
• tariff means the amount of the fee, electricity price and time price set by the operator (or only some of these items);
• the web interface is the interface located at www.evmapa.cz;
• the PROVIDER's customer is a natural or legal person registered on the web interface who can use the operator's charging station.
1.2. The terms and conditions define and specify the basic rights and obligations of the contracting parties when concluding and fulfilling the contract.
1.3. The contract is concluded between the operator and the PROVIDER
1.4. The terms and conditions are an integral part of the contract. Provisions deviating from the terms and conditions can be negotiated in the contract. Deviating provisions in the contract take precedence over the provisions of the terms and conditions. The wording of the terms and conditions may be changed or supplemented by the PROVIDER. The rights and obligations of the contracting parties are always governed by the wording of the terms and conditions under which they came into effect. The rights and obligations of the contracting parties are further governed by:
• conditions and instructions given on the web interface, especially when concluding the contract;
• in matters not regulated here, the relations of the contracting parties are governed by applicable legal regulations, in particular Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code").
1.5. The contract and terms and conditions are drawn up in the Czech language. The contract can be concluded in the Czech language, unless the contracting parties expressly agree on another language.
1.6. These terms and conditions apply only to the relationship between the PROVIDER and the operator. The General Terms and Conditions of the EVMAPA portal shall apply to the relations between the PROVIDER and its customers.
1.7. By accepting these terms and conditions on the web interface, the operator confirms that he has familiarized himself with the terms and conditions and agrees with them. The operator further declares and is responsible for complying with all legal requirements for the operation of the charging station.
2. Ordering services and concluding the contract
2.1. An operator who wants to use the PROVIDER's services can contact the PROVIDER.
2.2. The operator adds the station through his user account. Adding a station is confirmed by the operator by pressing the "Add" button. Reception of the station into the system you will be confirmed by the PROVIDER to the operator usually within 48 hours of confirmation of sending the form.
2.3. Charging stations, or individual charging stands, will be displayed on the interactive map on the operator's web interface after approval by the PROVIDER.
2.4. In order for a charging station to become an active station (i.e. to have at least one active stand in the charging station), the operator is obliged to create at least one tariff. All tariffs are subject to PROVIDER approval. The PROVIDER and the operator will agree on the specific conditions of cooperation (including the EVMAPA commission) and the technical solution for connecting the charging station to the PROVIDER's system individually (by e-mail, by telephone or in another way). After agreement on all terms of cooperation and after the technical connection of the station to the PROVIDER's system, the selected stand is activated for the PROVIDER's customers and the charging station thus becomes an active station. The moment the station is connected to the PROVIDER's system, a contract is concluded between the PROVIDER and the operator. The confirmation of the conclusion of the contract is part of the protocol written when the station was connected to the PROVIDER's system.
2.5. In addition to the tariff, the operator is obliged to enter his electricity costs in the "Tariffs" tab in his user account. These costs correspond to the price of electricity indicated in the bill from the electricity supplier, unless the operator himself is a seller of electricity registered with the Energy Regulatory Office.
2.6. Tariffs. The operator is authorized to create multiple tariffs for each charging station. All tariffs are subject to PROVIDER approval. The operator is obliged to assign users who are authorized to use the given tariff to the created tariffs, unless the tariff is intended for all PROVIDER's customers. Authorized users can use the tariff only if they activate the charging stand using one of the methods currently offered by the EVMAPA system). The PROVIDER is entitled to limit and/or completely cancel the operator's ability to create its own tariffs at any time.
2.7. The operator acknowledges that the PROVIDER is entitled to request from him additional, in particular technical data for the station operated by him, for the purpose of connecting this station to the interactive EVMAPA system. For the purpose of connection with the EVMAPA system, the operator can agree with the PROVIDER on the delivery and installation of hardware. All delivered equipment remains the property of the PROVIDER, and the operator is obliged to properly maintain it. The operator is responsible for all damages that the PROVIDER's equipment suffers, regardless of whether they were caused by the operator or by third parties.
2.8. In the event that the operator refuses to disclose the data according to the previous paragraph, the PROVIDER has the right to withdraw from the contract.
2.9. The operator will ensure at his own expense a fixed Internet connection to the station with a capacity of min. 256 kbit/s without limitation of the amount of transferred data and is responsible for its flawless operation. The PROVIDER will propose a suitable technical solution. The connection can also be provided by the PROVIDER at the operator's request.
2.10. The PROVIDER assigns each charging station a unique phone number, with which the PROVIDER's customers can activate the station. The calls of the PROVIDER's customers are used exclusively for activation and are not connected to the charging station. The PROVIDER is entitled to change the assigned telephone numbers at any time.
2.11. Delivery of the PROVIDER's equipment, connection installation and other services will be charged by the PROVIDER according to an individual agreement with the operator.
3. Rights and obligations of the contracting parties
3.1. The PROVIDER undertakes to provide the services defined in Article 1.1. these terms and conditions.
3.2. The operator undertakes to enable the PROVIDER's customers to charge the electric vehicle at the charging stands of its charging station during the operating hours, if the operating hours are indicated at the station in the PROVIDER's information system on the web interface. For this purpose, the operator undertakes to allow the PROVIDER's customers free access to the charging station. In the event that the operating hours have not been determined, the operator is obliged to allow the PROVIDER's customers to recharge indefinitely.
3.3. By agreeing to these terms and conditions, the operator confirms that the charging stands are in operable condition and that they meet the legal requirements. In the event that one of the charging stands is temporarily unable to operate properly, the operator will notify this fact without undue delay by changing the status of the charging stand in the user account to "out of order".
3.4. For each individual violation of obligations according to Article 3.2. or Article 3.3. of these terms and conditions, the PROVIDER is entitled to demand a contractual penalty in the amount of CZK 5,000 payable upon the PROVIDER's request. In the event of repeated or particularly serious violations of any of the stated obligations, the PROVIDER is entitled to terminate the contract.
3.5. The payment of the contractual penalty does not affect the PROVIDER's right to compensation in full.
3.6. The PROVIDER is not obliged to compensate the damage incurred by the operator due to incorrectly or incompletely provided documents.
3.7. The operator is fully responsible for all damages caused by his actions in violation of these conditions and/or the legal order of the Czech Republic to the PROVIDER, other operators, customers of the PROVIDER or third parties.
4. EVMAPA payment terms and commissions
4.1. The amount of individual tariffs, including billing currencies (CZK or EUR), are displayed to the PROVIDER's customers on the web interface. The operator undertakes to keep all prices listed on the web interface up to date. Incorrect pricing on the web interface is the responsibility of the operator.
4.2. The Operator acknowledges and agrees that the payment of the price for charging the electric car by the PROVIDER's customers is mediated by the PROVIDER. The operator agrees to issue an invoice for the full price of charging the electric car to the PROVIDER's customer in the PROVIDER's own name.
4.3. EVMAPA commission. The PROVIDER is entitled to a commission for the services provided, which is calculated from the price of the individual tariffs. The contractual parties will agree on the commission percentage rate individually. Different amounts of commission can be agreed for individual tariffs. EVMAPA's commission is not charged if the operator provides charging completely free of charge, or if it only charges the PROVIDER's customers the price of electricity, which does not exceed the operator's immediate electricity costs. These costs do not include the monthly payment to the electricity supplier. energy. for reserved power and charge for circuit breaker. EVMAPA commissions are recorded in the operator's user account in the "Commissions" tab.
4.4. The Operator issues an invoice to the PROVIDER no later than the 15th day after the end of the relevant invoicing period. The shortest possible invoicing period is a calendar month, the longest possible invoicing period is a calendar year. The invoice will be issued for an amount corresponding to the summary of the price for all charging of electric cars by the PROVIDER's customers at the charging stations of the given operator during the relevant invoicing period. This amount will be reduced by the EVMAPA commission. The system calculates the amounts to be invoiced automatically. The operator will issue an invoice according to the billing on the web interface. The operator can activate the option of automatically sending invoices and invoicing documents by e-mail in their user account.
4.5. The PROVIDER will make the payment according to the due date indicated on the invoice, to the operator's bank account communicated to the PROVIDER for this purpose, or in another way agreed upon by the parties. The operator acknowledges and agrees that in the event that the operator is in arrears with the payment of the contractual fine according to Article 3.4. or 7.3. of these terms and conditions or violates an essential obligation under these terms and conditions, in particular the obligation under Article 3.2. or 3.7. of these terms and conditions, the PROVIDER has the right to withhold payment until the date when the given obligation is fulfilled and any damage caused is compensated.
4.6. Especially when it comes to international money transfer, the transfer of funds can be burdened with higher bank fees. It is entirely at the discretion of the provider how often they want to have the billed funds sent to them. All bank charges are borne by the provider. The provider may issue an invoice monthly, or even in aggregate for several consecutive months, but at most at the end of the calendar year for the not yet invoiced period of the given calendar year. This will effectively reduce the amount of bank fees.
5. Duration of the contract and its termination
5.1. The contract is concluded for an indefinite period. If the operator is interested in terminating the cooperation, he can remove one or more charging stands from his profile or cancel his user account.
5.2. The PROVIDER has the right to terminate the contract without notice in the event that the operator does not comply with the obligations arising from these terms and conditions, in particular from Articles 3.2., 3.3., 7.1. and 7.2. these terms and conditions.
5.3. Termination must be made in writing, in the case of contracts negotiated electronically, it can also be done electronically. Termination is effective upon delivery of the notice to the other contracting party.
5.4. Upon termination of the contract by the PROVIDER, the user account of the operator will be immediately canceled and the invoice will be made.
5.5. Termination of the contract or other termination of cooperation by either party does not affect the rights and obligations of the parties, which by their nature should continue even after the termination of the contract, in particular the right to settle existing obligations, the right to compensation for damages or the payment of a contractual penalty.
6.1. If the operator's profile on the web interface does not correspond to the data entered by the operator, the operator will notify the PROVIDER of this fact via the web interface or contact e-mail. The PROVIDER undertakes to carry out the repair without undue delay.
6.2. The operator is obliged to file a billing complaint no later than 14 days from the day on which the invoicing documents were provided to him.
7. Protection of trade secrets you and the business policies of the PROVIDER
7.1. During the negotiation of the contract and its performance, the operator may be told information that is marked as confidential or whose confidentiality results from its nature. The PROVIDER expressly designates the contract, including these conditions, as confidential information. The operator undertakes the following information in particular:
• keep confidential;
• not provide them to another person without the consent of the seller;
• not to use them for a purpose other than the fulfillment of the contract;
• not be used in any other harmful way.
7.2. Furthermore, the operator undertakes not to make copies of the documents that have been handed over to him without the consent of the PROVIDER.
7.3. In the event of failure to comply with the obligations under Article 7.1 and 7.2, the operator may be charged a contractual fine of CZK 100,000.
8. Final Provisions
8.1. The Operator agrees that, without the prior written consent of the PROVIDER, he is not entitled to assign or transfer his user account, the cooperation agreement or its part or claims against the PROVIDER to a third party.
8.2. If the relationship related to the use of the web interface or the legal relationship established by the contract contains an international (foreign) element, then the contracting parties agree that the relationship is governed by Czech law.
8.3. All disputes arising from and in connection with this contract will be decided by the relevant Czech courts.
8.4. If any provision of the terms and conditions is invalid or ineffective or unusable, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or inapplicability of one provision does not affect the validity of the other provisions. Changes and additions to the contract or terms and conditions require written form.
These terms and conditions are valid and effective from 15.3.2017.