GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES FROM CHARGE365 AS
- THE PARTIES TO THE AGREEMENT AND THE SUBJECT OF THE AGREEMENT
These general terms and conditions, together with the order confirmation received by the customer following an order placed using the order form on the Supplier’s website (“Order confirmation”) constitute the rights and obligations governing the provision of payment services to the Charging System (the “Agreement”).
The Agreement has been concluded between Charge365 AS (“the Supplier”) and the person or organisation specified on the Order confirmation (“the Customer”), jointly referred to as “the Parties”.
The Agreement applies only to Customers who have installed chargers from Zaptec Charger, including Zaptec Go or Zaptec Pro (“the Charging System”).
Under the Agreement, the Supplier, through the provision of the Charge365 Payment Service, has to offer the Customer efficient, simple collective solutions for taking payment from charge system users (“End Users”), including automatic card withdrawals from End Users, the automatic transfer of funds to Customers and 24/7 telephone support (“Charge365 Payment Service”)
The Agreement also applies to the Supplementary Services described in more detail in Section 16 of the Agreement.
The contractual relationship between the Customer and end user is subject to the terms and conditions set forth in the Agreement. Use of the Charge365 Payment Service is contingent upon the creation of a user account by the end user on the Charge365 Portal. By creating a user account on the Charge365 Portal, the end user accepts the general terms and conditions set forth in the Agreement.
The Agreement assumes the Customer has a Charging System from Zaptec Charger AS as defined in Section 1.
In order for the Customer to subscribe to the Charge365 Payment Service as defined in Section 3, the Charging System must be installed and ready for use. The Customer must also have owner permissions to the Zaptec Portal cloud service.
When the Charge365 Payment Service is ordered, a monthly subscription (“the Subscription”) is activated and the Charge365 Payment Service is provided by the Supplier to the Customer.
The Subscription provides the Customer with access to various functions that are related to the Charging System via an application on the browser or similar. The Subscription allows the Customer to use various chosen functions at any time, for as long as the Subscription is active.
The Subscription is activated via the Charge 365 Portal and begins on the date agreed by the Parties and as described in the Order confirmation. The Supplier will deduct 15% of the Customer’s monthly revenue including VAT in payment for the Subscription. (“The Subscription Price”).
The Subscription will renew automatically until terminated by the Customer. The Subscription has no minimum term and may be terminated by the Customer in a written notification to email@example.com.
Termination of the Charge365 Payment Service will be implemented in the month following receipt of said notification. The Customer will lose access to the Charge365 Payment Service once termination takes place.
Subscription fees already debited will not be refunded.
If the Customer wishes to delete or anonymise their account history, they should follow the instructions in the Supplier’s Privacy Statement. The statement is available on the Supplier’s website.
The Supplier has the right to terminate the Agreement in the case of:
– Breach of the Agreement by the Customer
– Unexpected technical problems
– Requirements from public authorities
– Cessation of business
Notice of termination of the Supplier’s services will be sent to the email address registered on the Customer’s account. Termination will take place in the month following the decision of termination. The Supplier reserves the right to terminate the agreement immediately if there is a breach of the Agreement on the part of the Customer.
- PAYMENT METHOD
The Subscription Price must be paid according to the applicable payment solution used by the Supplier as described in the Order confirmation.
The Supplier reserves the right to change the payment solution and to use other payment methods. Where payment methods are changed, the Customer will be notified by email using the address registered with the contact information.
Payment options and payment information must be provided by the Customer when concluding the Agreement. By entering into this Agreement, the Customer and end user have agreed that such automatic withdrawals may be carried out by the Supplier or their representative.
In the event of late payment, penalty interest will accrue in accordance with the Norwegian act relating to interest on overdue payments (LOV-1976-12-17-100), available at www.lovdata.no.
- RIGHT OF CANCELLATION
By disclosing the information in section 5, the Customer is deemed to have been legally informed of their right to cancel cf. the Norwegian act relating to the duty of disclosure and the right to cancel distance contracts and off-premises sales (LOV-2014-06-20-27) (the Cancellation Act) Section 8, first paragraph items h, i and j cf. second paragraph.
The Customer has the right to withdraw from this Agreement within 14 days of receiving the Charge365 Payment Service, or if a third party other than the carrier designated by the Customer receives said service. The Customer does not have to provide any justification for exercising their right of cancellation.
The Customer must pay an amount in relation to what has been provided or delivered up until the Customer informed the Supplier that they wished to withdraw from the Agreement.
In order to exercise their right of cancellation, the Customer must clearly notify the Supplier of their decision to withdraw from the Agreement (e.g. by mail, fax or email). The Customer may use the attached cancellation form, but this is not mandatory
Notification of cancellation by mail must be sent to the following address:
PO Box 8034 Forus,
NO 4068 Stavanger
Notification of cancellation by email must be sent to the following address: firstname.lastname@example.org.
In order to comply with the cancellation period, the Customer must give notice of their intent to exercise their right of cancellation before the cancellation period expires.
- THE SUPPLIER’S OBLIGATIONS
The Supplier must ensure good functionality of the Charge365 Payment Service, in accordance with applicable public laws and regulations. The Supplier is obliged as far as reasonably possible to notify the Customer within a reasonable time before conducting maintenance on the Charge365 Payment Service. Moreover, the Supplier must act in accordance with the obligations set forth in the Agreement.
The Supplier must provide the Customer with sufficient information about the Charge365 Payment Service and make available the instructions and guidelines necessary for the use of said service.
- THE CUSTOMER’S OBLIGATIONS
The Customer is obliged to familiarise themselves with and use the Charge365 Payment Service in accordance with the user instructions and guidelines provided by the Supplier for said service. The Customer must also ensure access for End Users to the Supplier’s user instructions which show the specific steps the end user must take to use the Charge365 Payment Service.
The Customer must take appropriate measures to inform all existing and prospective End Users about the Agreement including the selected price model.
The Supplier may at any time update the general terms and conditions set forth herein and the Agreement in general. Updated terms are available on the Charge365 Portal and on the Supplier’s website. The Supplier may use the Customer’s registered email address to give notice of significant changes
By continuing to use the Charge365 Payment Service, the Customer accepts the changes to the terms of the Agreement.
- OPERATION, MAINTENANCE, SUPPORT AND SERVICE
The Customer must follow the instructions, including operating instructions, support bulletins and service updates and instructions from the Supplier as may be provided or prepared for use of the Charge365 Payment Service.
The Customer may not oppose any maintenance or service deemed necessary by the Supplier to ensure the safe and proper operation of the Charge365 Payment Service.
Malfunctions or operational departures by the Charge365 Payment Service arising from the Customer’s breach of this Section 9 will not in principle constitute a fault or defect.
The Customer will receive news, updates and other information relating to the use and operation of the Charge365 Payment Service at the email address provided in the Order confirmation. The Customer is obliged to regularly read and familiarise themselves with this information.
- NOTIFICATIONS AND INQUIRIES
The Supplier will send notifications by SMS or email to the registered Customer or End User contact information. The Supplier will only send notifications by email when required in order to fulfil their obligations under the Agreement. Such notifications include:
– Confirming the creation of a user account; confirmation is sent when the Supplier creates a user account and the End User registers a payment card.
– Password reset.
– Scheduled maintenance alerts; Charge365 gives notice of planned maintenance by SMS or email.
– Significant changes to the Agreement’s terms, including price changes.
The Customer must send all written submissions regarding this Agreement to Charge365 at the following email address: email@example.com.
The website www.charge365.no is also updated with all applicable services, terms, prices and contact information etc.
- DEFECTS AND CLAIMS
The Supplier’s liability to the Customer for any loss suffered as a result of defects or a delay in the delivery of the Charge365 Payment Service or other breach on the part of the Supplier is limited under the terms of the Agreement.
In the event of any faults or defects in the Charge365 Payment Service, the Supplier must arrange for troubleshooting and correction within a reasonable time following receipt of a written claim from the Customer.
The Customer is advised that if a claim is not made within a reasonable time after a fault is discovered or should have been discovered, the right to make a claim may be forfeited.
The Supplier assumes no liability for any loss, damage or expense arising from service interruptions occurring as a result of faults, defects or omissions from the technical specifications or the equipment the Customer may have and which is described in this Section 11.
- LIABILITY FOR DAMAGE
The Customer must indemnify the Supplier from any damages and loss, including consequential damages and indirect loss arising from the Customer’s use of the Charge365 Payment Service which is in breach of Section 9.
The Supplier assumes no liability for any loss and damages, including indirect loss and consequential damages, caused by Charge365 Payment Services, unless expressly provided for under Norwegian law.
- CUSTOMER BREACH OF CONTRACT
In the event of a payment default exceeding 14 days or other material breach of the Agreement on the part of the Customer, the Supplier has the right to terminate the Agreement and may claim damages and interest.
- PERSONAL DATA
Personal data relating to the Customer will not be disclosed or transferred to third Parties unless there is a legal basis or injunction for such disclosure. Typical examples would include the disclosure of personal data to the installer necessary for the latter to contact the Customer, or information disclosed to the managers of the payment solutions as mentioned in Section 4 of this Agreement, to the extent necessary to carry out agreed payment transactions.
The Customer accepts that Customer information related to the Agreement may be exchanged between the Supplier and those Parties who at any given time administer the payment solutions as specified in Section 4 of this Agreement.
- ACCESS TO PRODUCTION DATA
The Customer consents to the collection and use of Charging System production data by the Supplier for the purpose of producing the services ordered by End Users.
The Customer further consents to the use by the Supplier of anonymised production data for marketing purposes.
Other applications for the use of production data must be agreed to separately between the Supplier and the Customer, or the Supplier and End User where required.
- SUPPLEMENTARY SERVICES
If the Customer or End User wishes to use the Supplementary Services which are available at all times on the Supplier’s website (“Supplementary Services”), the terms of the Agreement will apply accordingly.
Supplementary services maybe ordered using the order form on the Supplier’s website and are valid from the date agreed to between the Parties. Other terms and conditions for the Supplementary Services will appear on the Order confirmation.
The Supplier has the right to assign all or part of their obligations under the Agreement to any third party.
Without prior written consent from the Supplier, the Customer may not transfer their obligations under the Agreement to third Parties.
- CHOICE OF LAW AND LEGAL VENUE
This Agreement is governed by Norwegian law. Disputes must be resolved amicably if conflict arises between the Supplier and the Customer. Where agreement cannot be reached, the parties must approach the Sør-Rogaland District Court.
Last updated November 2021.