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Plugsurfing Fleet Management Service Terms

Angelica Espinosa
  • Updated

 

  1. General

 

  1. These Plugsurfing Fleet Management Service Terms (“Terms”) together with the Plugsurfing Privacy Policy govern your use of the fleet management service operated by Plugsurfing GmbH, its affiliates, and/or business partners that are authorized to operate the fleet management service or part of it on behalf of Plugsurfing GmbH, including but not limited to billing service providers and customer service providers (“Plugsurfing”). The fleet management service may include, but is not limited to, mobile applications and/or websites operated by Plugsurfing under its own brand or under its partners’ brand that enables you to operate your fleet(s) (“Fleet Management Service”). You acknowledge and understand that Plugsurfing operates the Fleet Management Service, but it is your responsibility to manage and operate your fleet(s).

 

  1. The relationship between an EV driver and Plugsurfing, as well as between a member of your fleet(s) and Plugsurfing, is governed by the Plugsurfing Terms of Use specified at https://plugsurfing.com/legal/terms-of-use/. These Terms govern only the relationship between Plugsurfing and you as the owner and/or operator of the fleet(s).

 

  1. Acceptance

 

By registering for the Fleet Management Service and accepting these Terms you enter into an agreement with Plugsurfing GmbH which allows you to use the Fleet Management Service. All transactions that are part of the Fleet Management Service are governed by such agreement. Registration without explicit acceptance of the Terms is not possible. You represent and warrant that you have an authority to accept these Terms on behalf of the company you represent.

 

  1. Rights of Use

 

Plugsurfing grants you a revocable, non-exclusive, and non-transferable license to access and use the Fleet Management Service for your internal operations in accordance with these Terms. You may provide access to the Fleet Management Service to your employees, contractors, and affiliates but you remain responsible for their actions, omissions, and compliance with these Terms. You shall have no rights to sub-license any rights of use of the Fleet Management Service to any third parties. All rights not expressly granted by Plugsurfing under these Terms are reserved by Plugsurfing.

  1. Prices

 

  1. The total fees payable to Plugsurfing by you under these Terms consist of (i) fees for the charging sessions initiated by you and/or your fleet members as specified in Section 4(2) below; and (ii) the usage fees for usage of the Fleet Management Service as specified in Section 4(3) below. Registration for and use of the Fleet Management Service without accepting the applicable pricing is not allowed.

 

  1. All applicable initial prices of the charging sessions are valid inclusive of VAT and are indicated to the EV driver (fleet member) on the charging service before the start of the charging process. Initial prices may be displayed as fees per kWh of energy, fees per time of parking of an electric vehicle at the charging station, charging session starting fees as well as any other indicated initial fees. You acknowledge that the final price of the charging service is strictly dependent on the usage of service by the fleet member, for example on time of charging, kWh value of consumed energy, and is, therefore, not always automatically provided before the start of the charging process.

  2. Usage of the Fleet Management Service is subject to the usage fees indicated at https://partnersupport.plugsurfing.com/hc/en-us/articles/4410210949265.

 

  1. Your Obligations

 

  1. You are responsible for (i) inviting and managing fleet managers, (ii) setting up billing information and payment method, (iii) inviting and managing fleet members, and (iv) distributing and managing charging keys and/or cards.
  2. It is your responsibility to ensure that (i) the membership list of your fleet(s) is always up to date and correct; and (ii) the charging keys and/or cards that are associated with your fleet(s) are in possession of your fleet members; and (iii) all means that can be used to initiate charging processes which were lost, stolen or copied are immediately deactivated.
  3. It is your responsibility to ensure that the registered payment method of your fleet(s) is valid, that it has a sufficient balance, and is not blocked. In the event that debiting is not possible, Plugsurfing has the right to seek payment from you by other means, such as by sending a separate invoice for your use of the Fleet Management Service. As it is your responsibility to ensure that the payment information of your fleet(s) is up-to-date and valid at the time of attempting to purchase a charging process through the service, failure to do so can result in Plugsurfing closing your account.
  4. Upon registering you shall provide your email address and a chosen password for logging into the Fleet Management Service account. You must take due care to protect your password against misuse by others and promptly notify Plugsurfing about any misuse. You are responsible for keeping the password secure, for not writing the password down so that third parties can understand what it is used for, and for not using the password in any other way that allows others to gain access to the information.
  5. You must not:
  6. a) access and/or use the Fleet Management Service or any related documentation in violation of any law or regulation;
  7. b) access and/or use the Fleet Management Service in any manner that (i) compromises, breaks or circumvents any of Plugsurfing's technical processes or security measures associated with the Fleet Management Service, (ii) poses a security vulnerability to users of the Fleet Management Service or results in performance degradation of the Fleet Management Service, (iii) tests the vulnerability of Plugsurfing’s systems or networks, or (iv) poses a reputational, branding, professional or another business risk to Plugsurfing;
  8. c) access and/or use the Fleet Management Service or any related documentation in order to replicate or compete with the Fleet Management Service;
  9. d) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of the Fleet Management Service; and/or
  10. e) copy, refactor or modify the Fleet Management Service in any way.

 

  1. Charging Data and Charging Stations

(1) You can track the charging sessions of your fleet members within your Fleet Management Service account. If you believe that the charging data provided within the Fleet Management Service might be incorrect, you should immediately contact Plugsurfing.

(2) As Plugsurfing uses various charging station operators who are responsible for (i) ensuring the operation and maintenance of their charging stations; and (ii) providing accurate information in respect of their charging stations, Plugsurfing cannot guarantee the functionality or availability of the charging stations or the accuracy of such information. For the same reason, Plugsurfing cannot guarantee that the charging data provided within the Fleet Management Service is always correct. Plugsurfing will, however, act with due care in compiling and showing the relevant information in the Fleet Management Service.

(3) The payment function provided to the fleet members, as well as the charging key and/or card,​ operates only within the Plugsurfing network.

(4) Further, it is your responsibility to ensure that, (i) the electric vehicle that is charged at a charging station; and (ii) the tools to be provided by you (including, by way of example, any power converters, adapters or cables), shall be fit for their purpose, compatible for the connection with the charging station and satisfy all applicable legal provisions at the relevant times. Plugsurfing ​​is not liable if the defect or damage is caused by a defect in the electric vehicle, charging station, and/or used tools.

  1. Due Date and Payment

 

(1) The billing of the applicable fees takes place at the beginning of the following month unless Plugsurfing decides to invoice less frequently than monthly. The invoiced amount is due for payment immediately or according to the payment terms stated on the invoice.

 

(2) Plugsurfing sends invoices for all charging sessions of the fleet members to you Plugsurfing sends all invoices only electronically.

 

(3) You can obtain information regarding past billing and standing balance from the current month that has not yet been invoiced by logging into your Fleet Management Service account.

 

(4) If you wish to submit a complaint, you shall notify Plugsurfing within three (3) months from the purchase transaction in question. Complaints regarding incorrect charging costs are processed and determined by Plugsurfing. If a complaint is accepted, Plugsurfing shall compensate you for the amount of incorrect charging costs without undue delay. If a complaint is rejected, Plugsurfing shall inform you of the result of the investigation of the complaint and justify the position of Plugsurfing. Fleet members also have the right to submit complaints regarding the charging sessions they initiated. If a complaint is submitted by a fleet member to you, it is your responsibility to track such a complaint directly with the fleet member. If a fleet member submits a complaint to Plugsurfing, Plugsurfing is not obliged to automatically share the complaint of a fleet member with you.

 

  1. Your Liability for Unauthorized Use of Fleet Management Service

(1) You are obligated to immediately notify Plugsurfing if you believe that your Fleet Management Service account, Plugsurfing account, charging key and/or card, a user account of your fleet member or a charging key and/or card or any other mean of access of your fleet member has been used by an unauthorized person or in an unauthorized manner. You are also responsible for ensuring that the above-mentioned accounts and/or charging keys and/or cards or other means of access are not used in an unauthorized manner.

(2) Since you are responsible for ensuring that the Fleet Management Service is not used in an unauthorized manner, you are responsible, also financially, for any unauthorized use of the Fleet Management Service, including but not limited to unauthorized use that results from a lost, copied or stolen device or a charging key and/or card.

(3) Plugsurfing ​​will block the charging key and/or card following receipt of notification of its loss or theft and such blocked charging key and/or card cannot be reactivated. You will however be able to place an order for a new charging key and/or card with Plugsurfing, according to the then-applicable terms and conditions.

  1. Liability

 

(1) Plugsurfing shall not be responsible for, and thus, shall have no liability hereunder in respect of:

  1. the continuous availability and operability of (a) the public electricity, internet, and communication infrastructure needed to operate the charging process, unless Plugsurfing has caused the unavailability or inoperability of the infrastructure by fault; and (b) the charging stations;
  2. the suspension of the Fleet Management Service for reasons which ultimately prove to be incorrect, but Plugsurfing had, at the time of suspension, reason to believe that there were grounds for suspension; and/or
  3. issues that incur as a consequence of your action performed towards your fleet members.

 

(2) Plugsurfing is not responsible towards you for any indirect damages or losses, such as loss of income or damage to the relationship between you and third parties, except if the damage or loss is caused by gross negligence or willfulness on the part of Plugsurfing. In any case, the maximal aggregated liability of Plugsurfing is limited to the amount of fees you have paid to Plugsurfing in the course of using the Fleet Management Service. For avoidance of doubt, charging costs that incurred from charging sessions initiated by your fleet members cannot be taken into account when calculating the amount the liability is limited to.

 

(3) This section describes the entire liability of Plugsurfing. The only exception to this are mandatory legal provisions that apply to Plugsurfing's liability for defects (to the extent these cannot be excluded by mutual agreement).

 

  1. Force Majeure

 

Plugsurfing is not liable hereunder to you for any delay or non-performance of its obligations in the event such delay or non-performance is due to official action, change in law, war, pandemia, sabotage, failure or delay in delivery, irregularities in the supply of electricity, telephone connections or other traffic and communications connections and transportation, strike, boycott, or other similar circumstances beyond the reasonable control of Plugsurfing (for the avoidance of doubt, matters that are only within the reasonable control of Plugsurfing's subcontractors shall not be deemed to be within Plugsurfing's reasonable control). The same also applies if Plugsurfing is the subject of a strike, boycott and/or blockade.

 

  1. Termination

 

  1. You may terminate your use of the Fleet Management Service with a prior written notice to Plugsurfing. Termination notice shall be submitted before the end of a calendar month and the termination shall take place at the end of the next calendar month. After termination, you will no longer have access to the Fleet Management Service. Plugsurfing may terminate your registration or restrict your access to the Fleet Management Service or certain parts of it if Plugsurfing reasonably believes that you have breached these Terms. If a fleet has only one fleet owner with access to a Fleet Management Service account and this owner decides to terminate the Fleet Management Service account, the termination applies to the whole fleet unless the ownership of the fleet can be transferred to another Fleet Management Service account.

 

  1. The termination does not affect any existing legal consequences with respect to the charging sessions that have taken place or the fees that are already due or will be due. Termination of the Fleet Management Service does not include termination of your Plugsurfing account nor Plugsurfing accounts of your fleet members. Such Plugsurfing accounts and termination of those accounts are governed by Plugsurfing Terms of Use specified at https://plugsurfing.com/legal/terms-of-use/.

 

  1. Plugsurfing may, at its sole discretion, decide not to offer the Fleet Management Service anymore and, therefore, terminate your access to the Fleet Management Service with three (3) months prior written notice.

 

  1. Changes to Terms

 

If Plugsurfing intends to amend these Terms, Plugsurfing shall inform you about the changes in writing no later than two (2) weeks before the planned effective date of such changes. If you do not accept the changes, you can terminate your account in accordance with Section 11. By continuing using the Fleet Management Service you accept the changes to these Terms. The same applies to changes to the Fleet Management Service Pricing Scheme.

 

  1. Sale and Purchase of Charging Key and/or Card

(1)   Plugsurfing may offer the ordering of charging keys and/or cards through the Fleet Management Service. The price for the charging key and/or card, the payment formalities and estimates as to the delivery will be shown to you during the order process.

(2)  The order is an offer to Plugsurfing to purchase the charging keys and/or cards. Any confirmation of the order by Plugsurfing is merely an acknowledgment and does not constitute acceptance. Acceptance of the order, and the formation of the contract for the sale and purchase of the ordered charging keys and/or cards shall be deemed to take place when Plugsurfing ships the ordered charging keys and/or cards and informs you accordingly.

  1. Communication and Marketing

Plugsurfing may communicate and advertise your usage of the Fleet Management Service by using your name, logo, and a case description as a reference in sales and marketing materials. You grant Plugsurfing  a non-exclusive, royalty-free right to use your company name and logo as a reference for marketing or promotional purposes on Plugsurfing websites and in other public or private communication and marketing materials (subject to your standard trademark usage guidelines provided to Plugsurfing, if any). Any use of Plugsurfing name and logo by you is subject to prior written approval.

  1. Data Protection

(1)   Plugsurfing ​​or commissioned service providers collect, process and use data pertaining to you and your fleet members for the implementation of the contractual relationship pursuant to the provisions of the General Data Protection Regulation (2016/679) and other applicable national data protection legislation.

(2)  Unique identification number that is used to identify your fleet members, personal details and transactional details may be transferred to the operator of the charging station for the purpose of activating the charging stations, solving potential issues regarding the charging service and invoicing. Personal details, contact details and transactional details may also be transferred to the partners of Plugsurfing for the purpose of invoicing and customer service.

(3) More information on Plugsurfing’s processing of personal data can be found in Plugsurfing’s Privacy Policy specified at https://plugsurfing.com/legal/privacy-policy/.

(4) Plugsurfing may use non-personal data collected in the provision of the Fleet Management Service in order to (i) improve the Fleet Management Service and its other products and services, and (ii) share statistical information with its cooperation partners.

  1. Governing Law and Jurisdiction

 

(1)  These Terms are governed by the law of the Federal Republic of Germany.

 

(2)  Any dispute, controversy or claim arising out of or relating to these Terms or the usage of the Fleet Management Service or the breach, termination, or invalidity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of International Chamber of Commerce. The arbitration shall be held in Berlin, Germany and the arbitral proceedings shall be conducted in the English language. All arbitral proceedings conducted shall be kept strictly confidential.

(3)   Notwithstanding the foregoing, Plugsurfing may collect unpaid payments or fees in any court of law having jurisdiction over you. Unpaid payments or fees might be executed with assistance of collection agencies as well as sold on the debt market.

  1. Severability Clause

 

These Terms neither exclude nor limit any of your mandatory rights in the country of residence or registration that cannot by law be waived. If a provision of these Terms is found to be invalid, the remaining provisions will not be affected, and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of these Terms. If certain parts of these Terms are not relevant for your use of the Fleet Management Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. The provisions of the Terms that are intended to survive termination of your account remain valid after such termination.

 

  1. No waivers

No provision or right under these Terms shall be considered waived without an explicit written statement or agreement by both you and Plugsurfing.

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