PLUGIT FINLAND OY BACKEND SYSTEM SERVICE: TERMS AND CONDITIONS OF USE
1. GENERAL ABOUT THE SERVICE
Plugit Finland Oy (”Service Provider”) is a company offering electric vehicle (EV) charging solutions for companies and private individuals (“Customers”). Included in the services offered by the Service Provider is the backend system, managed by the Service Provider and to which EV charging devices can be connected, allowing customers to monitor the devices with the aid of the online service and mobile app, and with which the backend system is able to communicate (the “Service”).
These terms and conditions of use (”Terms”) of the Service are applied in the contractual relationship between the Service Provider and Customer, where the Customer purchases the Service from the Service Provider.
2. SERVICE PROVIDER
Plugit Finland Oy (Business ID: 2513960-7)
Phone: 0207 350 330
Right of use
means the right to use the Service, granted to the Customer in accordance with these Terms.
A Charging Device
is an individual charging appliance, which operates either independently (smart device) or in a group (device dependent on a smart device). The Charging Device may be equipped with more than one charging socket, which when connected to an EV supplies electricity to the said EV for the purpose of charging.
A Charging Point
is a cluster of Charging devices and encompasses all Charging Devices that are included in a certain location.
A Charging Group
is a group consisting of Charging Points and encompasses all Charging Points under a certain ownership.
A Charging Group Administrator
refers to the owner of a Charging Group, who is able to manage all settings related to the Charging Group.
A Charging Event
refers to an individual charge of an EV.
is a third-party service responsible for payment transactions, which takes care of the security of payment details
An Electric Vehicle (EV)
is a vehicle which runs on an electric motor chargeable with electricity.
An RFID identifier
is a concrete instrument for starting a Charging Event. The RFID identifier is shown to the Charging Device reader for charging right verification purposes. The identifier is connected to the charging right, through which the identifier obtains the right to charge from the locations for which it is authorised.
4. INITIATING THE SERVICE
Anyone over the age of 18 years may become a Customer, as may any legal person, through an authorised representative. It is necessary to complete a registration form on the Service Provider’s webpage. The Service Provider reserves the right to approve or refuse registration.
An organisation wishing to become a Customer may also contact the Service Provider’s customer service, either by phone or email.
The Service Provider’s customer service, Plugit hotline, can be reached on +358 (0)207 350 330
The email address of the Service Provider’s customer service is: email@example.com
Before a charging right can be granted to a Customer, the person wishing to become a Customer, or the representative of the legal person wishing to become a Customer should give the following information when contacting customer service:
First name, last name
Year of birth
In the case of a representative of a legal person, the legal person’s identification details
On the basis of the provided information the customer service creates a customer account for the person on the Service Provider’s system. Customer service sends the new Customer an email with the link through which the Customer may register on the Service.
When registered on the Service, and on the creation of a customer account, the Customer accepts these Terms, and a service agreement is established between the Service Provider and the Customer. Once a customer account is created, the Customer has Right of Use of the Service, enabling the connection of charging rights to that particular customer, and the monitoring of customer-specific charging events. The Customer should give the required information correctly. It is forbidden to give false information, and doing so could lead to serious consequences.
The email address informed by the Customer is the Customer’s user name on the Service. The Customer should create a password for himself, which is unique to the Customer, and which may not be given or disclosed to a third party. If/when necessary the Customer will save his credit card details in his customer account. It is not possible to charge an EV at Charging Points that are subject to a fee if the credit card details are not saved.
The Customer receives by post, to the address he has informed, a tag with an RFID value linked to his customer account. By showing this tag the Customer is identified at the charging point and EV charging is enabled on the charging device. The Customer may start using the Service once he has created his customer account and received his RFID tag by post.
The Customer is responsible for all events resulting from use of the Service that are registered on his customer ID and RFID tag. If the Customer notices that his customer ID or RFID tag has been used wrongly, or if the Customer’s IDs have been disclosed to an external party, or if the Customer has reason to suspect such has happened or that his IDs have been wrongly used, the Customer should immediately inform the Service Provider, who is entitled to freeze or close down the Customer’s account.
5. USE OF THE SERVICE
The Service Provider grants the Customer a limited, revocable, non-exclusive Right of Use of the Service and its contents. The Customer may use the Service solely in accordance with these Terms and any conditions and instructions in the Service which may be given separately. When using the Service, the Customer is bound at all times to comply with all applicable legislation and good practice. The Customer is not entitled to transfer the Right of Use to a third party.
The Customer may charge his EV on Charging Devices that are connected to the Service. The Customer’s rights to the Charging Points and Charging Groups are determined when his customer account is set up. The Customer may add, modify and remove his own information in the Service. Rights to Charging Points and Charging Groups may be added or removed, as and when necessary. These changes may affect the pricing of the Service. The Customer may manage one or more ID containing charging rights at one time for the purpose of initiating the Charging Event.
Once logged in to the Service, the Customer can see in real time, the charging devices that are free and those that are occupied. Data on the status of the Charging Devices is shown in real time on the Service. Additionally, the Customer can follow his own Charging Events and their data, and obtain useful information related to EVs. The Charging Group systems administrators manage the Charging Groups as well as the operations and settings of the Charging Devices, and the Customer can see the changes that have intermittently been made by the administrators on the Service.
The Customer is entitled to connect his own Charging Device to the Service, whereupon the Customer has the right to take advantage of the Service also for commercial purposes in this respect. Issues regarding the connection of Charging Devices to the Service are agreed upon separately between the Customer and the Service Provider. Use of the Service is otherwise permitted solely for the Customer’s own, non-commercial use.
6. OBLIGATIONS OF THE PARTIES
The Customer is obliged to ensure that the Customer’s EV and its settings comply with all the requirements laid down in applicable legislation, in regulatory provisions and in these Terms, as well as with the necessary technical requirements for accessing the Service. The Customer can check the requirements from the Service and from each Charging Point. When charging his EV, the Customer shall follow the instructions for use at each Charging Point.
The Service Provider is not responsible for any fault relating to the Service that should occur due to the Customer or a person using the Service on his behalf not fulfilling the requirements or failing to follow the instructions. The Service Provider is not obliged to pay compensation for the Customer’s failing to carry out a Charging Event correctly.
The Customer releases the Service Provider and all its employees, managers and those acting on its behalf from liability for all such actions and claims which are caused by the Customer’s own use of the Service.
The Service Provider endeavours to ensure that the Service is available to the Customer on a continuous basis and without disruptions. However, the Service Provider shall not guarantee an uninterrupted, timely or error-free operation of the Service. The Service Provider is not responsible for the accuracy of data or content, reliability, errors, deficiencies, inaccuracies or other defects in the Service. Neither does the Service Provider take responsibility for the accuracy of location information or for the operation of the Charging Device. The Service and its contents are offered to the Customer on an “as is” and “as available” basis.
7. INTELLECTUAL PROPERTY RIG
The Service and its online service and contents, as well as the software, are the property of the Service Provider or its partners, and as such are protected by copyright laws and international copyright treaties.
All intellectual property rights of the Service and those relating to its content (such as copyright, registered and unregistered trademark- and design and model rights, domain names, patents, database rights and trade secrets) and their resulting goodwill value belong to the Service Provider or its partners. The Service Provider does not grant the Customer any direct or indirect rights to any intellectual property.
8. PROCESSING OF PERSONAL DATA AND COOKIES
The Service Provider processes the personal data relating to the Customer or his representative through the Service, including location information, in accordance with current personal data legislation permissions and obligations. The Customer is encouraged to become familiar with the Service Provider’s privacy statement, which contains more detailed information on the Service Provider’s processing of personal data. In addition, the Service Provider may process the Customer’s data anonymously for the purposes of analysis and development.
Through the Service and with the aid of cookies or other such technologies, it is possible to gather data relating to use of the Service or to the Customer’s terminal, such as the browser used by the Customer or his representative, via which site the Customer used to access the Service, or when and which parts of the Service the Customer has been browsing.
Among other things, cookies enable monitoring of the number of customers on the Service and other data relating to use of the Service. With the aid of the data collected it is possible to analyse activity on the Service, and thus improve the Service for the Customer. Additionally, it is possible to target to the Customer information that could be of interest to him both in the Service and externally, for example by means of retargeting.
If he wishes, the Customer may prevent cookie functions by altering his own browser settings. Removing cookies or preventing their use may however interfere with the use of the Service or certain of its parts or functions, or may even prevent it totally.
9. PRICING AND INVOICING OF CHARGING EVENTS
Depending on the Charging Point, Charging Events may be free of charge or subject to a fee. Charging at a Charging Point is invoiced according to the pricing model of each Charging Point. The pricing models of the Charging Points can be found in the instructions for use of the respective Charging Point, the Service’s online service, or mobile app. Charging Events are invoiced per Charging Event at the different Charging Points. Invoicing can be arranged as a one-off payment, by time period and/or by energy consumption, depending on the Charging Point. The Customer himself should check the invoicing method of the Charging Point in question from the Service or from the instructions at the actual Charging Point. The Service Provider’s invoicing system works solely at Charging Points that are connected to the Service Provider’s Service. If the Customer uses Charging Points that are not connected to the Service, the Customer should refer himself tothe body offering the charging services.
Invoicing of Charging Events takes place through the Service. The Customer is responsible for ensuring the operability and validity of his credit card. The Customer may be liable for extra costs if the Service charge from the credit card fails due to a fault on the part of the Customer.
Stripe Payments Europe Limited (https://stripe.com/fi), registered in Ireland, is the company that acts as the payment brokerage service and payment service provider, in accordance with its own terms. Charging Events charged automatically on the basis of the card details as given by the Customer. The Customer’s credit card details are recorded with the Service Provider and on the Stripe service.
10. CANCELLATION AND TERMINATION OF THE SERVICE
The Customer’s Right to Use the Service is valid until further notice.
The Customer is entitled to cancel the Service by notifying the Service Provider within fourteen (14) days of receipt of confirmation. However, the right to cancel is no longer valid insofar as the Service has been delivered and Charging Events have commenced before the end of the cancellation period.
Either party may terminate the Service by notifying the other party in writing with two (2) weeks’ notice. Should the Customer misuse the Service or otherwise commit an infringement of these terms, the Service Provider has the right to terminate the Service immediately and without prior notice.
11. AMENDMENTS TO THE TERMS
The Service Provider is entitled to make amendments to these terms, at its discretion, by notifying the Customer by email or through the Service online service two (2) weeks prior to the amendments coming into force. The amendments to terms of contract or pricing may not be unreasonable. The Customer is considered to have accepted the amendments made to the Terms when he uses the Service after the amendments have come into force.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
Finnish Law, with the exception of its conflict of law rules, will be applied to use of the Service and to these Terms.
The parties shall endeavour to resolve their differences primarily through negotiation. If no amicable settlement can be reached, the differences will be resolved at the District Court of Helsinki in Finland. A Customer that is consumer may also take the dispute to the district court determined according to his domicile, or to the Consumer Dispute Board to be resolved.