Version of the Agreement: №2023.11.23
Version of the Agreement: №2023.11.20
AGREEMENT ON GRANTING ACCESS TO THE SOFTWARE
This Agreement is a contract of adhesion, as defined by the provisions of
Article 634 of the Civil Code of Ukraine, concluded between the Private Enterprise "AUTOENTERPRISE",
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.
3.4. 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;
5.1.1.1. The use of uncertified adapters (adapters) is prohibited and may damage the chargers and electric vehicles.
5.1.1.2 Check the station connector and the vehicle socket for dirt and mechanical damage, and if there are any problems, notify technical support and do not start charging.
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.
AGREEMENT ON CONNECTING CHARGING TO THE SOFTWARE
This Agreement is a contract of adhesion, as defined by the provisions of
Article 634 of the Civil Code of Ukraine, concluded between the Private Enterprise "AUTOENTERPRISE",
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/they 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 the costs of online services, such as: AWS
by Amazon servers, Google Maps API, MongoDB databases and other costs for the implementation of
this Agreement. The cost of the online connection is $ 5 per month, in UAH equivalent at the NBU
exchange rate on the day of receipt of the invoice, for each station in the system.
2.1.1 The cost of connecting the station to an additional operator is an additional $5 per month, in UAH equivalent at the NBU exchange rate on the day of receipt of the invoice, for each additional operator.
2.1.2 When connecting third-party operators, pricing should be fair and equitable. For example, pricing in Infinite Charge is not hidden and is 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: 1 kW price - 13% commission
10 UAH + ( 14.9% ) = 11.49 UAH total cost
2.1.3 Additional service at the request of the Charger, for each "SIM card" Internet connection 35 UAH per month.
2.1.4 Additional service at the request of the Charger, personal accounting support 500 UAH.
2.2. 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% 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 consent of the charger
and the electric motorist when using the Aggregator system.
2.2.1 If the Aggregator accepts the payment by the Electric Vehicle for the charging service to the Aggregator's account of the Charger's commission funds, together with the Royalty, the calculation shall be made according to the formula:
100% = Amount paid to the Aggregator
5% + Royalties remain to the Aggregator
95% of the charge shall be transferred to the Charger's account as a commission payment.
2.3 As soon as the Charger's account has a negative balance, the system will generate an invoice
for payment in favor of the Aggregator to repay the debt. In case of failure to pay the debt for
more than 30 days, the system will suspend automatic charging to the Charger's wallet.
Immediately after the debt is repaid, the system will resume automatic receipt of charging funds
in favor of the Charger.
2.4. Tariffs for charging services are set by the Charger by entering prices in the software, in
the profile of each charger, in the Aggregator's mobile application.
2.4.1. The parking tariff can be used only at paid parking lots. In the absence of paid
parking and the use of this tariff, the aggregator reserves the right to refund the parking
costs to the electric vehicle.
2.5. Payment shall be made by depositing or reserving funds to the personal account of the
electric motorist in the Aggregator system in the amount of not less than UAH 50 and is
automatically received by the Charger. The amount of the minimum charging amount may be changed
by the Charger upwards.
2.6. Upon direct receipt of Access under this Agreement by the Electric Vehicle and the Charger,
the funds of the Electric Vehicle's bank card shall be debited or reserved in the settlement
systems of the equating offered by the Aggregator in the amount of the cost determined taking
into account the provisions of clauses 2.2., 2.4., 2.5. of the Agreement.
2.7. The funds of the electric vehicle, which are transferred to the bank account of the
Chargers' respondents through the calculations in the Aggregator's system, are a payment for the
Services of this Agreement and shall not be returned to the electric vehicle after receiving the
Service. The Aggregator is only a computer system that connects electric vehicles and Chargers
and does not bear any financial responsibility that may arise between the electric vehicle and
the Charger.
2.8. The Aggregator shall not be obliged to fulfill the terms of this Agreement if the amount of
prepayment or reservation from the electric motorist is less than specified in clause 2.5.
2.9. Subject to payment in accordance with the provisions of Section 2 of the Agreement, the
Electric Vehicle User has the right to access the Charger's chargers under this Agreement using
free chargers of the Chargers for electric vehicles (including their connectors and adjacent
parking spaces), information about which is available on the Aggregator's website or mobile
application.
2.10. The Aggregator is obliged to stop supplying energy if the amount reserved or in the
account is not enough to fully charge the electric car or to pay for the idle time in the
connected state. However, even after the power supply is interrupted, the system will accrue
idle time, in the absence of the possibility of automatic debiting from the electric vehicle or
non-payment of the idle time debt, the Aggregator is obliged to block the provision of services
to such an electric vehicle, but is not obliged to pay the Charger the amount of the idle time
debt that has not been collected from the electric vehicle.
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;
3.3.3. 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 Contractor 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.
ATTENTION
ALL PREVIOUS VERSIONS OF THE AGREEMENTS (CONNECTION, COMMISSION OR RENTAL CHARGES), ARE NOT VALID AND
ARE CONSIDERED CANCELED OR TERMINATED !!!
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