Terms of Service
GENERAL TERMS AND CONDITIONS FOR CHARGING SERVICES
Effective from 31.05.2022
1. Scope and definitions
1.1. These General Terms and Conditions for Charging Services shall apply to the Contract for a Charging Service concluded between Eleport OÜ and the Client.
1.2. Eleport OÜ (registry code 14053046) is a seller of charging services.
1.3. A Client is a natural or legal person who has entered into a contract with Eleport. Hereinafter, the term “Consumer” shall also be used when referring to a client who is a natural person.
1.4. A Charging Point Operator is the person who owns and/or operates the Charging Points under the terms and conditions established by the Charging Point Operator.
1.5. A Charging Station means a unit consisting of one or more charging points where a vehicle can be charged.
1.6. Charging Service means the service sold by Eleport to a Client for the purpose of charging a vehicle at a Charging Point.
1.7. A Charging Point is a slow charging point (with a maximum capacity of 22 kW) or a fast charging point (with a capacity of more than 22 kW) that allows on-site charging of a vehicle.
1.8. A Contract is the contract for the Charging Service, consisting of the basic terms and conditions established at the time of the conclusion of the Contract and these General Terms and Conditions.
1.9. A Party is Eleport or the Client. The Parties are Eleport and the Client together.
1.10. A Client Card (RFID Card) is a card issued by Eleport to the Client that allows for the Client’s identity to be verified at the Charging Station and/or Point.
1.11. A Vehicle is an electric vehicle within the meaning of Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014.
Words used hereinafter in the Contract shall have the meaning indicated in the definitions, if the corresponding word has been previously defined as a term here.
2. Conclusion of the Contract, issue and use of the Client Card
2.1. The contract shall be concluded between the parties as a framework contract on the Eleport online platform https://register.eleport.com before the provision of the Charging Service. Each sub-contract of the framework contract for the purchase of the Service shall be deemed concluded upon the Client’s commencement of the use of the Charging Service.
2.3. The Consumer shall have the right to withdraw from the Contract in the case, under the conditions and in accordance with the procedure provided for in the Law of Obligations Act, by notifying Eleport within fourteen (14) days of the conclusion of the Contract. Withdrawal from the Contract shall not release the Consumer from the obligation to pay Eleport for the Charging Service used. The Consumer shall pay for the Charging Service used in accordance with the terms and conditions set out in Clause 4 of the General Terms and Conditions.
2.4. After the conclusion of the Contract, Eleport shall issue and deliver to the Client a Client Card at the postal address indicated by the Client in the Basic Terms and Conditions of the Contract. The Client is obliged to ensure the lawful use of the Card, i.e., by persons designated by the Client, and to ensure that the Client Card does not fall into the possession of a third party not authorized by the Client. The Client shall be responsible for each and every transaction carried out with the Client Card. In the event of the loss of the Client Card, the Client undertakes to close the Client Card via the mobile application or to notify Eleport of the loss of the Client Card without undue delay by email at email@example.com. Eleport shall issue a new Client Card to replace the lost card. The fee for issuing a new Client Card is 20 euros plus VAT.
3. Provision of the Charging Service
3.1. Eleport shall provide the Client with the Charging Service at the time and place of the Client’s choice and at the price applicable at the time of charging. Eleport’s Charging Points are located at the locations indicated on Eleport’s website.
3.1.1. The Client undertakes to consult the instructions for use of the Charging Point indicated at the Charging Point and to ensure that they only charge the vehicle referred to in Clause 1.11 at the Charging Point, the electrical equipment and installations of which comply with the requirements indicated on Eleport’s online platform and at the Charging Points. The Client undertakes to verify and assess the compliance and safety of the Vehicle before beginning to charge the Vehicle. Eleport shall not be liable for the provision or non-provision of the Charging Service, nor shall it compensate the Client for any damages caused by the fact that the Vehicle to be charged does not comply with the requirements referred to herein.
3.1.2. The Client undertakes to comply with the parking regulations in force at the Charging Point, including the obligation to pay the parking fee. Information on whether parking at the Charging Point is paid or free of charge can be obtained by the Client via the mobile application. Eleport shall not be liable for any damages caused to the Client as a result of a breach of the parking rules or non-payment of the parking fee.
3.2. Eleport identifies the Client at the start of the Charging Service on the basis of Eleport’s mobile application or RFID card. Eleport considers all identifications performed on the basis of the Eleport mobile application or RFID card to be made and valid on behalf of the customer.
3.3. When charging the Vehicle, the Client shall carefully observe the instructions for use of the Charging Station and/or Point published at the Charging Station and/or Point. The Client shall be liable for any damages caused to Eleport or to the owner of the Charging Point by damaging or destroying the Charging Point if the user of the Vehicle to be charged has not followed the instructions provided and/or the damages are due to the negligence of the user of the Vehicle. The Client shall immediately notify Eleport or the Charging Point owner of any defects or problems at the Charging Station and/or Charging Point in accordance with the instructions provided at the Charging Station and/or Charging Point or communicated to the user of the Vehicle to be charged in other materials.
3.4. Eleport shall not be liable for any malfunctions, delays or errors in the provision of the Charging Service, the smooth operation of the Charging Service, the non-functioning of the Client Card or other technical means of identification, or any other damages caused by problems related to the use or functionality of the Charging Service. Eleport shall also not be liable for any disruption, delay or error in the operations of any other service provider, for the smooth operation of the services or for any other damages caused by problems related to the use or functionality of the Charging Service.
3.5. In order to prevent damages, the occurrence of a risk of damages or damages being caused, the Party shall be obliged to take all measures to prevent and limit the damages that may reasonably be required and expected from the Party.
4. Fees, invoicing and interest on late payments for the Charging Service
4.1. The Client shall pay a fee for the time they have spent using the Charging Service at the price applicable at that time. The price valid at the Charging Point at a given time shall be published in the Eleport mobile application.
4.2. Eleport shall invoice the Client once (1) a month for the Charging Service used during the previous month. Eleport shall send the invoice to the Client’s email address as published in the Basic Terms and Conditions of the Contract, unless otherwise agreed by the Parties. The invoice shall be payable within seven (7) days.
4.3. The Client undertakes to assess the correctness of the invoice immediately upon receipt of the invoice and, in the event of a complaint, to submit their claim to Eleport within three (3) working days of receipt of the invoice. The burden of proving the accuracy of the claim shall be on the Client. In the absence of a complaint, the invoice for the Charging Service provided by Eleport shall be considered received by the Client six (6) days after the invoice is submitted.
4.4. In the event of late payment of the invoice, Eleport shall be entitled to charge late interest on the outstanding amount at the rate of 0.066% from the day following the due date of payment until the day of final payment of the outstanding amount.
5. Interruption of the provision of the Charging Service
5.1. Eleport shall have the right to temporarily interrupt the provision of the Charging Service for the duration of necessary maintenance, repair and renewal operations. In addition, the provision of the Charging Service may be interrupted for the purpose of managing the energy system and electricity balances, ensuring the quality of the electricity supply, or for similar purposes.
5.2. Eleport shall have the right to refuse to provide the Charging Service to the Client and/or to immediately interrupt the Charging Service if there is a suspicion that the Client Card has fallen into the possession of a third party or if there is a suspicion that the Charging Service is being used in violation of the terms of the Contract or in any other illegal or inappropriate manner with regard to the purpose of the Charging Service.
5.3. Eleport shall inform the Client of the reason for the interruption of the Charging Service by electronic means or by any other means Eleport deems appropriate, if possible before the interruption of the provision of the Service.
5.4. In the event that the provision of the Charging Service is interrupted due to circumstances attributable to the Client, the Client shall not be released from the obligation to pay a fee for the provided Service or from other obligations to Eleport. In addition, Eleport shall have the right to charge the Client a reasonable fee for sending a written or electronic notice of interruption, plus any handling charges.
5.5. Eleport shall also have the right to terminate the Charging Service session if the Vehicle’s battery charge level is more than 89%. Interruption of the Charging Service session allows the efficient and purposeful provision of the Charging Service.
6. Amendment, transfer and termination of the contract
6.1. Eleport shall have the right to modify the General Terms and Conditions of the Contract whereby notifying the Client at least one (1) month in advance. In the event that the Client does not subsequently notify Eleport of their wish to terminate the Contract before the new terms and conditions enter into force, the Contract shall continue to apply in accordance with the wording of the renewed General Terms and Conditions.
6.2. The Client may not transfer the contract to a third party. Eleport has the right to transfer the contract to a third party. The terms and conditions of the Contract may not be modified upon transfer. Eleport shall inform the Client of the transfer of the Contract.
6.3. The Client undertakes to notify Eleport without delay of any change in the Client’s details as stated in the Basic Terms and Conditions and of any other material circumstance not known at the time of the conclusion of the Contract but which affects the performance of the Contract.
6.4. The Contract is concluded for an indefinite term and shall remain in force until terminated. Either party shall have the right to terminate the contract by giving the other party at least two (2) weeks’ written notice of termination.
6.5. Eleport shall have the right to terminate the Contract exceptionally if the Client is in material breach of their obligations under the Contract or if the provision of the Services is interrupted in the circumstances described in clause 4.2.2 above.
7. Data protection
8. Dispute resolution
8.1. In the event of a conflict between the documents of the contract, the Basic Terms and Conditions shall apply first, followed by the General Terms and Conditions and, in circumstances not reflected in the contract, the applicable law.
8.2. The Contract shall be governed by Estonian law.
8.3. Disputes arising out of the Contract shall be settled by negotiation between the Parties and, if negotiations fail, by the Harju County Court.
8.4. If the Client is a Consumer, they have the right to take the dispute to the Consumer Protection Authority or the court of the place of residence.