Everon Charging Management Terms

Last update: 30 August 2020

 

We are happy you are about to choose Everon to provide Services to you. Please read these Everon Charging Management Terms and Conditions (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations related to the Services. Unless otherwise indicated by Everon, these Terms apply to each Services offer to the fullest extent relevant. Additionally, your use of the Platform is governed by the Everon Terms of Use.

 

The Services are offered and provisioned by Everon B.V., a limited liability company under Dutch law, located at Fred. Roeskestraat 115, 1076 EE, in Amsterdam, registered in the trade register of the Chamber of Commerce in the Netherlands under number 74602187and registered for VAT under number NL859964036B01.

 

U.S. Residents. If your place of residence is in the United States of America, the Services are offered and provisioned to you by Everon North America Inc., a New York corporation located at 1930 Innovation Way, Suite 200, Libertyville, Illinois 60048, the United States of America. 

 

When the Terms mention “Everon”, “we”, “us”, “our”, it refers to the relevant Everon entity offering the Services to you.

 

If Everon at any given time does not enforce any clause of these Terms, this cannot be interpreted as a waiver to later rely on the said Terms.

 

BY CLICKING “I ACCEPT”, BY PLACING AN ORDER, OR BY ACCESSING OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM.

 

IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

 

1.             Definitions

In these Terms, capitalized terms shall have the meaning given to them in this clause 1 (Definitions) and as otherwise determined in these Terms, unless the context requires otherwise:

"Business Days" means every day except Saturdays, Sundays and official public holidays in the country of the relevant Everon entity offering the Services to you;

"Charging Station" means a facility, including all associated and underlying installations, through which electric energy is delivered for the purpose of electric vehicle charging;

“Consumer” is a term interpreted according to the applicable law determined in clause 16 of these Terms;

“Documentation” means all documents or information provided by Everon to you under these Terms in relation to the Services, including but not limited to user guide and manuals;

"Error" means any material, verifiable and reproducible failure of the Platform to conform in all material respects to features and functions as described in the Documentation (specifically excluding any nonconformity resulting from Misuse);

"Everon Network" means the collection of all Charging Stations accessible with the Token;

"Intellectual Property Rights" means (a) patents, utility models, right to inventions, copyright and related rights (including software rights), goodwill, rights to use, and protect the confidentiality of confidential information (including know-how and trade secrets), database rights, design rights, trademarks and service marks, business names and domain names; semiconductor topography rights; (b) all registrations or applications to register and the right to apply for and be granted registration, renewal or extension of, and right to claim priority from, any of these rights; (c) all equivalent or similar rights or forms of protection; and (d) together with all rights of action, powers and benefits arising from ownership of any such rights;

“Misuse” shall mean any use of the Services otherwise than in accordance with the Terms, the Documentation or any other instructions provided by Everon and/or applicable laws;

"Platform" means the charging management solution offered by Everon via the internet through which Everon offers you Subscription Services, including any modifications, enhancements, additions, extensions, translations and derivative works, programming code and other associated technologies related thereto;

“Public Charging” means a service provided by Everon to you, whereby you can set your Charging Station to public, allowing electric vehicle drivers who have access to the Everon Network of Charging Stations to start a charging session at your Charging Station for the rate as set by you. Everon manages the collection of fees with the applicable electric vehicle driver, or the eMobility Service Provider of such electric vehicle driver and settles the agreed fee with you.

“Professional Services” means additional consulting services that are not included in Subscription Services and are provided by Everon to you as outlined in a separate quote or order form which may include onboarding services, training services, proof of concepts, certifications, installation integration or other consultancy-related services. 

“Services” means Subscription Services and Professional Services.

“Subscription Plan” means the applicable paid plan that enables registration and activation of a Charging Station and/or Token for the use of Subscription Services. The pricing, features, and functionalities of each Subscription Plan may vary, as described in the Platform and/or Documentation.

"Subscription Services" means the service, whereby Everon grants you access to functionalities of the Platform for a Charging Station and/or Token in relation to your Subscription Plan, as described in the Documentation;

“Third-Party Products” means any products, content, services, information, websites, or other materials that are owned by third parties and accessible through the Services;

"Token" means the card, key ring, digital ID or any other means provided by Everon by which you can identify yourself at a Charging Station;

2.             Scope of Subscription Service

2.1           Related to a Token. On our Platform dashboard you can activate your Token to be able to charge at your Charging Station(s) and start tracking your transactions. Different Subscription Plans may be available. Fees may apply and will be communicated to you prior to entering into any Subscription Plan. When activating your Token, you can subscribe to roaming, which is a Subscription Service allowing you to charge your electric vehicle at a Charging Station within the Everon Network at the applicable rates of the Charging Station operator. By subscribing to roaming or using the Token to this respect, you agree to the rate of the Charging Station operator (which can be a third party with whom Everon has concluded a roaming agreement but that does not change the fact that Everon has no influence over the applicable rates of that operator). It is your responsibility to know and comply with the parking policy and/or terms of use associated with any Charging Station within the Everon Network.

2.2           Related to a Charging Station. On our Platform dashboard you can activate your Charging Station to manage your Charging Station and track all charging sessions. Different Subscription Plans may be available. Fees may apply and will be communicated to you prior to entering into any Subscription Plan. If your Subscription Plan includes Public Charging and depending on the applicable laws, when activating your Charging Station, you may set it for Public Charging by other end-users and set a chargeable rate for such Public Charging. With Public Charging, you may allow other end-users to find your Charging Station in the Platform, the Everon mobile application, and through maps, platforms and mobile applications of partners of Everon. You are responsible for ensuring your activation and use of Public Charging is in accordance with applicable laws.

2.3           Related to a Bundled Offer. If you purchase our Services in combination with Charging Stations as offered and supplied by one of our EVBox Group affiliates (a “Bundled Offer”), unless otherwise agreed, you must activate your Charging Station(s) in the Platform within thirty (30) days of your receipt of Charging Station(s). Everon retains the right to invoice you for the applicable Subscription Plan listed in your quote or order form with such EVBox Group affiliate after the thirty (30) days have lapsed.

3.             Professional Services

  • We may offer and you may choose to purchase Professional Services from us separately from Subscription Services for an additional fee. If you purchase Professional Services from us, they will be covered in a separate quote or order form which might indicate any terms specific to this service prevailing over or in addition to these Terms.

4.             Our Obligations

  • Everon will use reasonable care and skill with respect to the provision of the Services.

  • Everon reserves the right to make any reasonable changes to the specifications or settings of the Platform, application and/or payable Services. Additionally, Everon has the right to make any changes to all free of charge Services.

  • Everon has the right to monitor the use of the Platform, application and/or Services, and to verify whether such use is in compliance with these Terms.

  • Everon has the right to involve its affiliates or subcontractors in the performance of the Services described in these Terms, if this is necessary for the good performance thereof. You agree that we can share any relevant data provided by you hereto with such party.

5.             Limited Warranty

  • Everon warrants that the Platform will perform substantially in accordance with the Documentation and will undertake reasonable efforts to provide repair and maintenance services to this end as provided in clause 7 (Repair and Maintenance) below.

  • Although Everon will use reasonable efforts to allow internet access to the Platform, we make no guarantee that you will be able to access the Platform at any given time, that your access will be uninterrupted or that the Platform (and any features thereof) will always be fully available and functional. The Services may be unavailable or inaccessible due to maintenance, emergencies, or other circumstances outside our control.

5.3           OTHER THAN AS PROVIDED IN THIS CLAUSE AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND EVERON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM OR USAGE IN TRADE, MERCHANTABILITY, NON-INFRINGEMENT, OR SYSTEM INTEGRATION). IN PARTICULAR EVERON DOES NOT GUARANTEE THAT THE SERVICES SHALL BE WITHOUT ERRORS AND SHALL FUNCATION WITHOUT INTERRUPTION. EVERON FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, WITHOUT LIMITATION, THE SECURITY, INTEGRITY, EFFICIENCY OR CAPABILITIES OF THE PLATFORM. EVERON MAY NOT BE ABLE TO RESPOND TO OR RESOLVE ALL OF YOUR QUERIES AND MAKES NO GUARANTEES OR ASSURANCE TO THAT EXTENT. EVERON MAKES NO WARRANTIES, REPRESENTATIONS, OR COMMITMENTS TO YOU REGARDING THIRD-PARTY PRODUCTS.

6.             Support

6.1           If you purchased your Subscription Plan from Everon or an EVBox Group Affiliate, Everon (or its designated support provider) will provide technical support and troubleshooting for the Platform on Business Days and during Everon’s applicable business hours and/or as otherwise detailed in your Subscription Plan.  If you purchased your Subscription Plan through a third-party provider, unless otherwise stated in your contract with the third-party provider, please contact such third-party provider for any technical support or troubleshooting matters.

6.2           Everon does not own, operate or maintain the Charging Stations. If you experience any technical issues, malfunctions, or other errors with a Charging Station, please call the number located on the Charging Station or contact the Charging Station owner. IF THERE IS AN EMERGENCY OR POSSIBLIITY OF SERIOUS HARM, PLEASE CONTACT EMERGENCY SERVICES IN YOUR LOCATION IMMEDIATELY.

7.             Platform Repair and Maintenance

7.1           Everon will use reasonable efforts to repair Errors in the Platform, to the extent possible, within a reasonable time. Everon is entitled to apply problem avoiding restrictions and/or actions or recommendations intended, when properly implemented, to correct an Error in the Services, including the Platform, and/or to restore its functionality or to provide equivalent or similar, but not inferior, functionality, as well as postpone repair until an Update is issued.

7.2           Everon has the right to suspend access to the Platform due to scheduled downtime for maintenance purposes and unscheduled maintenance.

8.             Updates and New Subscription Services

8.1           In our own full discretion and according to our own timetable (although preferably during planned maintenance), Everon may issue modifications, enhancements, improvements to and translations of the Platform, any of the related services, and new features or versions (“Updates”).  Updates do not include New Subscription Services. You only have access to the latest version of the Platform. Everon reserves the right, when issuing an Update to the Platform, to remove any existing feature or functionality and you have no right to demand those features or functionalities to be supported by Everon. Where such removal would have a material impact on your Services, Everon will inform you thereof reasonably in advance but no later than thirty (30) days prior to implementing the Update unless where such notice would be impossible or impractical due in particular but not exclusively to legal or security requirements or performance related issues. 

8.2           Everon may offer products, modules or services that may be used with the Platform and that might be offered independently of and/or alongside an Update (“New Subscription Services”). New Subscription Services may include products and/or services that complement the Platform and that are provided by one of Everon’s subcontractors or suppliers and retailed by Everon, or products and/or services developed directly by Everon. In the event Everon offers New Subscription Services:

(a)           Everon may charge additional fees for New Subscription Services.  In such event, Everon will give you advance notice of any additional fees.  If you choose to use or activate the New Subscription Services, you agree to be charged such additional fees.   

(b)           The provision of New Subscription Services shall be subject to these Terms unless indicated otherwise by Everon. At its own discretion, Everon may establish different terms and conditions for New Subscription Services, including but not limited to terms associated with support, repair, and maintenance.

9.             Subscription Plans and Pricing

9.1           The prices, features, and functionalities of the Services depend on the Subscription Plan and/or Services selected by you, as well as any changes and/or add-ons utilized by you. If you access or use features or functionalities that are not included in your Subscription Plan (for example, if you activate your Charging Station for Public Charging but your Subscription Plan does not include Public Charging), we may charge you for such additional Subscription Services or assign you to the appropriate Subscription Plan. We may also offer optional Subscription Services for you to purchase as an add-on to your Subscription Plan.  We do not represent or warrant that a particular Subscription Plan will be offered indefinitely, and we reserve the right to change the prices for or alter the features and functionalities in a particular Subscription Plan at any time.

9.2           If you are a business user. All fees for the Subscription Services are set in the currency as stated in the applicable Subscription Plan selected by you and the Platform and are exclusive of VAT (or, if applicable, sales and use tax) and other applicable taxes and contributions. Everon reserves the right to (i) index the fees for Subscription Services on an annual basis with effect from anniversary of the Subscription Plan based on the applicable (European or U.S.) Consumer Price Index of the quarter preceding the anniversary; and (ii) increase the fees upon renewal of the Subscription Plan.

9.3           If you are a Consumer. For EU and EEA Consumers, all fees for the Subscription Services are set in the currency as stated in the applicable Subscription Plan selected by you and the Platform and are inclusive of VAT but exclusive of other applicable taxes and contributions. For U.S. Consumers, all fees for the Subscription Services are set in the currency as stated in the applicable Subscription Plan selected by you and the Platform and, unless otherwise indicated, are exclusive of applicable sales and use tax and other applicable taxes and contributions. Everon reserves the right to index the fees for Subscription Services on an annual basis with effect from anniversary of the Subscription Plan based on: (i) for EU and EEA Consumers, the Consumer Price Index on March 1 of the applicable jurisdiction (see clause 16.2 of these Terms); or (ii) for U.S. Consumers, the U.S. Consumer Price Index on March 1. Everon shall only index its fees if you have signed up for a Subscription Plan more than three (3) months prior to the indexation date and in accordance with applicable law.  

10.          Payment

10.1        Everon will at activation automatically charge your selected payment method (such as your credit card or direct debit) for any payable Services, including any applicable taxes, if not otherwise agreed. UPON ACTIVATION OF A SUBSCRIPTION PLAN, YOU AUTHORIZE EVERON OR ITS AGENT TO CHARGE YOUR SELECTED PAYMENT METHOD ON A RECURRING BASIS (EX. MONTLY OR YEARLY) DURING THE TERM FOR THE APPLICABLE SUBSCRIPTION PLAN FEES, ANY AND ALL APPLICABLE TAXES, AND ANY OTHER CHARGES INCURRED FOR THE USE OF PAYABLE SERVICES. You are responsible for ensuring your selected payment method information is accurate and up to date. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information.

10.2        If no automatic payment is agreed and unless otherwise agreed, payment of the Services is to take place within a payment term of thirty (30) days from the invoice date. If you do not agree with the invoice, you must notify Everon in writing within the payment term, giving the reasons for your objections.

10.3        If you are a business user. If you do not pay within the agreed payment term, you are automatically in default and Everon shall be entitled to:

(a)           without requirement of a notice of default, as from the due date until the moment of full payment, payment of an interest of 1% per (part of a) month on the outstanding amount with a minimum of EUR 40 (forty euro), or an equivalent amount in the agreed currency, to the maximum extent permitted by applicable law;

(b)           recovery of all judicial costs and extrajudicial collection costs incurred by Everon in order to achieve fulfilment of the obligation. The extrajudicial collection costs amount to 15% of the outstanding invoice amount, with a minimum of EUR 40 (forty euro), or an equivalent amount in the agreed currency, to the maximum extent permitted by applicable law;

(c)            at Everon’s option, suspend, terminate or rescind the execution of the Services, without prejudice to the right of Everon to recover/claim any incurred damages;

(d)           prompt payment of any amounts under any invoice issued by Everon, whether or not such invoices are due at the time of non-payment.

10.4        In addition to any other rights in this section, if you have activated Public Charging, and the electric vehicle driver or eMobility Service Provider does not pay within the agreed term for a Public Charging session on your Charging Station,  Everon has the right to and shall suspend payment of any such amounts to you until successful payment thereof by the electric vehicle driver or eMobility Service Provider. Everon will deploy commercially reasonable efforts to claim the payment for a Public Charging session to the electric vehicle driver, or eMobility Service Provider during six (6) months once notified of an unsuccessful payment. If Everon fails to recover the relevant amounts within that time, Everon will no longer have the obligation to pay such amount(s) to you.

10.5        If you are a Consumer. If you do not pay within the agreed payment term, Everon will send you a reminder. If you do not pay within the term as set in the reminder, you are automatically in default and Everon shall be entitled to collect the statutory legal interest rate as well as debt collection costs, to the extent permitted by applicable law. Everon is then also entitled to suspend the provision of the Services until full payment is received, or to terminate or rescind the Services if such is reasonable. If we suspend the provision of the Services, you remain obligated to pay the full price for the agreed Services.

10.6        If you have any billing or payment questions related to your account, please contact us via our website at everon.io or contact us using the information found on your invoice, statement, and/or receipt.  

11.          Your Obligations

11.1        You agree to:

(a)           pay all the fees related to the Services, including but not limited to Subscription Service fees and fees for charging your electric vehicle at a Charging Station;

(b)           provide Everon with such information and materials as we may reasonably require in order to supply the Services and ensure that such information is complete, accurate and correct;

(c)            provide all reasonable assistance and information required in order to respond and/or resolve an incident, problem and/or Error discovered by or reported to Everon;

(d)           inform Everon immediately upon becoming aware of any facts and circumstances which may impact the proper performance by Everon in providing the Services;

(e)           comply with all laws and regulations that are applicable to your use of the Services;

(f)             observe any and all policies and rules of the owner and/or operator of the Charging Station and/or the property where the Charging Station is located; and

(g)           not gain access to or use the Services in a way intended to avoid incurring fees, if fees are applicable.

11.2        In the event of breach of any obligation set out in this clause 11:

(a)           you shall, within the shortest term possible after becoming aware of it, notify us and shall, without prejudice to our other rights and remedies, assist us, at your own cost and expense, in any way we see fit to remedy such breach and/or to limit its consequences; and/or

(b)           you shall bear exclusively any costs and losses directly or indirectly arising thereof and reimburse us on written demand for such costs or losses sustained or incurred by us or any of our partners.

12.          Term and Termination

12.1        If you are a business user. The initial term of your Subscription Plan is defined in the Subscription Plan you selected. After this initial term, the Subscription Plan is automatically renewed for additional one (1) year terms, unless you notify Everon that you do not wish to renew the Subscription Plan sixty (60) days prior to the end of the then current term. Unless otherwise agreed to by Everon, Subscription Plan fees are invoiced at the start of the applicable term for the full term.   

If you are a Consumer.  The initial term of your Subscription Plan is as defined in the Subscription Plan you selected. Unless otherwise agreed to by Everon, Subscription Plan fees for the initial term are invoiced at the start of the initial term for the full term. After this initial term, the Subscription Plan is automatically renewed for additional one (1) month terms with Subscription Plan fees billed annually. Prior to the start of any automatic renewal term, you may terminate the Subscription Plan by completing our cancellation form: click here.  Upon our receipt of your completed form, your Subscription Plan will terminate at the end of the then current term, and you shall owe Everon for the Subscription Plan and all other charges incurred through the date of termination.  Everon shall reimburse any money owed to you in accordance with applicable law after the termination date. Everon will use the same payment method for reimbursement that was initially used by you, unless you agree to another method.

12.2        If you fail, or Everon has reasonable grounds to suspect that you fail to comply with any of the provisions of these Terms, Everon may, without notice to you, suspend the provision of or terminate the Services. The following examples of events shall be considered as a breach by you upon which Everon can suspend and/or terminate the Services: (a) any form of Misuse of the Services; (b) any infringements on Everon’s Intellectual Property Rights; (c) any non-compliance with payment obligations.

12.3        In the event you do not agree to material changes to the Services as set out in clause 4.2of these Terms, you will be entitled to terminate the Services taking into account a 30 (thirty) days written notice period.

12.4        After termination of the Services, any outstanding amounts up to the termination date payable by you are due immediately.

13.          Intellectual Property

13.1        Everon (and its licensors, where applicable) owns all right, title and interest, including all Intellectual Property Rights in and to the Services, as well as the processed (electronical) data.

13.2        These Terms do not convey to you any rights of ownership in or related to the Services, or any other Intellectual Property Right owned by Everon (or its licensors, where applicable) except as explicitly provided in these Terms, in which case the right of use shall in any case be revocable, non-exclusive, non-transferable and non-sublicensable.

13.3        You agree that you will not use the Intellectual Property Rights or any of Everon’s proprietary information in any way whatsoever, except for use of the Services in compliance with these Terms. In particular you shall not:

(a)           modify, rent, loan, sell, distribute, assign or in any other way transfer the Services or content in any manner, unless expressly permitted by these Terms;

(b)           exploit the Services or the Platform in any manner not expressly authorised;

(c)            copy, reproduce, translate, adapt, modify, alter, temper with or make derivative works of all or any part of the Services or the Platform;

(d)           remove, change or otherwise use our logos and trademarks, unless agreed otherwise.

14.          Personal Data

14.1        If you are a business user.  The processing of personal data related to your company’s Charging Station(s), insofar this constitutes personal data, and your account details are subject to the terms of Everon’s privacy policy, which is available at everon.io.

14.2        Everon also processes personal data related to electric vehicle (EV) drivers to which your company has issued a Token for the purposes of Token distribution, charge management and incident response & maintenance services. These processing activities also fall under Everon’s privacy policy and your company undertakes to direct the EV-drivers to Everon’s privacy policy at everon.io.

14.3        Where Everon would be regarded as data processor and would act on behalf of you as data controller based on Article 28 of the General Data Protection Regulation EU 2016/679, you may request Everon to conclude a data processing agreement by sending an email to [email protected].

14.4        If you are a Consumer. By your use of our Services, Everon will process certain personal data, particularly in relation to your use of a Token. This processing of personal data by Everon is subject to the terms of Everon’s privacy policy, which is available at everon.io. If, by using a Token, you use charging services of third-party charging station operators, you should make yourself familiar with the privacy policy of these third-party operators.

15.          Limitations of Liability

15.1        EXCEPT IN CASE OF EVERON’S FRAUD, GROSS NEGLIGENCE, OR WILFUL MISCONDUCT, AND TO THE EXTENT ALLOWED BY APPLICABLE LAW, EVERON’S LIABILITY FOR A BREACH OF ITS OBLIGATIONS UNDER THESE TERMS IS LIMITED TO COMPENSATION OF PROVEN DIRECT DAMAGES THAT WERE REASONABLY FORESEEABLE IN ACCORDANCE WITH THE FOLLOWING PRINCIPLES, WHICH APPLY CUMULATIVELY:

(a)           EVERON IS NOT LIABLE FOR ANY INDIRECT DAMAGE AND/OR CONSEQUENTIAL DAMAGE, SUCH AS BUT NOT LMITED TO LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF INCOME, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, CLAIMS OF LOGISTIC SERVICE PROVIDERS OR OTHER THIRD PARTIES, DAMAGE AS A RESULT OF LOSS AND/OR CORRUPTION OF DATA, LOSS OF GOODWILL AND REPUTATIONAL DAMAGE.

(b)           EVERON IS NOT LIABLE FOR ANY DAMAGES OR COSTS OF YOU OR THIRD PARTIES AS A RESULT OF YOUR VIOLATION OF YOUR OBLIGATIONS UNDER THESE TERMS.

(c)            EVERON IS NOT LIABLE FOR DAMAGES DUE TO PROBLEMS IN THE SERVICES CAUSED BY YOUR MISUSE, THE ALTERATION OR MODIFICATION OF THE SERVICES, PROBLEMS ARISING OUT OF THE MALFUNCTION OF HARDWARE, NETWORK SERVICES (WHETHER OR NOT INTERNALLY WITH YOU), FIREWALLS, OR ERRORS CAUSED BY THIRD PARTY SOFTWARE OR HARDWARE OR OTHER INFRASTRUCTURE, OF THE CONFIGURATION OF SUCH ITEMS.

16.          Governing Law and Jurisdiction

16.1        If you are a business user receiving Services from Everon B.V. These Terms are governed and construed in accordance with the laws of the country of the Netherlands. The competent court of the place where the Everon office is located has exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms.

16.2        If you are a Consumer receiving Services from Everon B.V. These terms are governed and construed in accordance with the laws of the country where you have your habitual residence. You, as well as Everon, have the right to bring any dispute before the competent court according to applicable law.

16.3        If you are a business user receiving Services from Everon North America Inc. These Terms are governed and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York City, New York to resolve any dispute or claim arising out of or relating to these Terms.

16.4        If you are a Consumer receiving Services from Everon North America Inc. These Terms are governed and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. You, as well as Everon, shall have the right to bring any dispute before the competent court according to applicable law.

17.          General Provisions

17.1        Everon may decide to transfer part or whole of the rights and obligations under these Terms to a third party. We shall inform you through e-mail and/or the Platform. If you do not wish to continue using the Services, then you must send a termination notice by completing this form: click here.

17.2        You are not allowed to transfer all or any of your rights and obligations under these Terms to a third party without the prior written consent of Everon.

17.3        If you are a U.S. Government user, each of the Documentation and the software components that constitute the Services is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4.  Accordingly, U.S. Government users receive only those rights with respect to the Services and Documentation as are granted to all other users.

17.4        If you are receiving Services from Everon North America Inc., you understand that the Services, including the Platform, may be subject to export laws and regulations of the United States of America. You will not access or use the Services, including the Platform, in violation of any U.S. export law or regulation.

17.5        If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect, it shall not affect or impair the legality, validity or enforceability of any other provision of these Terms; and if such provision would be legal, valid or enforceable to the extent some part of it were deleted, such provision shall apply with the minimum modifications necessary to make it legal, valid or enforceable.

18.          Right of withdrawal for consumers who reside in the European Union and European Economic Area

18.1        The Subscription Plan entered into by you is regarded as a distance contract (“Distance Contract”), which means a contract concluded in the context of an organized system for distance selling or servicing without simultaneous physical presence of Everon and you and where, up to and including the moment when the Distance Contract is concluded, only on or more techniques for distance communication is used;

18.2        You have the right to withdraw (“Right of Withdrawal”) from the Distance Contract within 14 days, commencing on the day the Service was concluded.

18.3        You agree that the Right of Withdrawal lapses after 14 days.

18.4        If you wish to exercise the Right of Withdrawal, you are required to inform us using the model form: click here. We shall confirm your confirmation of receipt of withdrawal without delay by email if you have declared withdrawal via electronic means.

18.5        If you exercise the Right of Withdrawal, you shall owe Everon a sum of money that is equivalent to that proportion of the Subscription Plan at the moment of withdrawal and for all of the Subscription Services that you have consumed (ex. Public Charging). Everon shall reimburse any money owed to you no later than fourteen (14) days after the day on which you reported the withdrawal. Everon will use the same payment method that was initially used by you, unless you agree to another method.

 

 

Download the Charging Management Terms here