Allgemeine Geschäftsbedingungen

Die allgemeinen Geschäftsbedingungen für die Dienste von Robo Charge.

Version 04-09-2023 · Diese Bedingungen werden in englischer Sprache bereitgestellt; Englisch ist die maßgebliche Sprache.

1. Definitions

All capitalized terms in these General Terms are further explained in Schedule 1.

2. Applicability of General Terms

2.1 Application

These General Terms apply to Services that are part of the Robo Charge platform and form an integral part of the Agreement and all resulting obligations between the parties.

These General Terms do not cover products and/or services offered by third parties, including manufacturers, installers, distributors and resellers. In those cases where the (sales) agreement is concluded between the Customer and a third party, the terms and conditions as agreed with the third party shall apply.

2.2 Deviations from these Terms and Conditions

Divergences from these Terms and Conditions shall only be valid if expressly agreed in writing by Robo Charge and you and shall only apply with respect to the Agreement to which the deviations relate.

2.3 Your own general terms and conditions

If you declare your own general terms and conditions applicable to an Agreement or refer to them, those general terms and conditions are not accepted and expressly rejected by Robo Charge and the General Terms and Conditions prevail, unless expressly agreed otherwise at an earlier stage.

2.4 Consultation

The General Terms and Conditions can be consulted and downloaded from the Robo Charge website.

2.5 Parties Involved

All that is stipulated in these General Terms and Conditions and in the Agreement is also stipulated for the benefit of Robo Charge's affiliates, agents and other third parties involved in the execution of the Agreement.

2.6 Expired provisions

If one or more of the provisions in these General Terms and Conditions expire, the remaining provisions of these General Terms and Conditions will continue to apply.

2.7 Compliance with the provisions

If Robo Charge does not always require strict compliance with these General Terms and Conditions, it does not mean that the provisions do not apply, or that Robo Charge would to any extent lose the right to require strict compliance with the provisions of these General Terms and Conditions in other cases.

2.8 Robo Charge is authorized to unilaterally amend these Terms and Conditions

Amendments to the Terms and Conditions will take effect thirty (30) days after the day they are announced to you, unless the announcement specifies a later effective date. The changes also apply with respect to existing Agreements. If you do not wish to accept a change, you may elect to terminate the Agreement immediately by giving notice to Robo Charge.

3. How do you enter into an Agreement with us?

All offers we make, for example on our website, are without obligation. Do you purchase a Service for which you receive a (monthly) invoice from us? Then you are taking out a subscription.

Unless otherwise agreed by the parties, an Agreement is established:

Once a Charging Point is registered in the Robo Charge Portal, or
Once a Charge Card is activated, in the Robo Charge Portal

The Agreement for a Subscription is not established until we have confirmed to you that we have accepted your application. Are you a consumer and purchasing a Service from us? Then you are entitled to the legal guarantee.

Within 14 days you can then cancel the Agreement, without giving a reason. You can do this, for example, through our support or online through our website. The 14-day period starts to run from the day the Agreement was concluded.

Would you like to cancel the Agreement within the 14-day cooling-off period and we have already incurred costs for services provided? Then we will charge you for those costs. For example, installation, deposit, shipping, usage and subscription fees over the period you used the service.

After we have entered into the Agreement with you, we will make sure the service works as soon as possible. We may also not be able to do so immediately, but we will let you know. Any deadlines we give are only indicative and should never be considered as deadlines.

4. How long does the Agreement run?

4.1 Indefinite period

The Agreement is entered into for an indefinite period and may be terminated at any time subject to the provisions in 4.2

4.2 Termination

Cancellation of the Agreement can be made in the Portal for both the Charging Point and the Charging Pass and is not effective until confirmed by email.

4.3 Transferability

We may transfer our rights and obligations to another company by written deed. Our customers are deemed to have given their prior consent to such transfer. For Consumers, this consent only extends to the transfer in the event of a sale of all or part of Robo Charge's business, which entails a transfer of Robo Charge's and/or the Consumer's obligations and rights to such third party. In all other cases, Consumers have the right to terminate the Agreement for the purchased Service in accordance with these General Terms and Conditions. Customers may transfer their rights and obligations under the Agreement for the purchase of Services only with the written consent of Robo Charge. This may be subject to conditions.

5. Maintenance and outages

5.1 Maintenance

Updates on our platform we (in principle) perform without downtime, however if we perform major updates it may be necessary that we temporarily take (part of) our platform out of service. Of course we do this at a time when our platform is used the least. This can have consequences for you, for example because you can't use your service temporarily or not fully.

Is it nevertheless necessary to take a certain part out of use and does this have noticeable consequences for you? Then we will announce this in good time. We will ensure that the unavailability of parts of the Service is kept to a minimum.

5.2 A failure

We do our best to ensure that our service runs as smoothly as possible. However, it is technically impossible to prevent every outage or limitation of our Service. Our Services use software and private and/or public infrastructure, such as mobile Internet connections and the power grid. These may be disrupted or interrupted by external factors in unlikely cases. In many cases, third-party hardware, such as a mobile device or charging stations, is used to use our Services. These devices may affect the quality or availability of the Services, for example due to hardware failures or obsolete components. For this reason, we cannot guarantee the full availability of our Services. We will at all times do our best to resolve any problems as quickly as possible. In the event of an outage, you may not be able to use all Services during that time. In that case, you may be entitled to compensation in case of outages. You can read more about this below.

5.3 An outage with external cause

There are external causes that may cause the Service to be unavailable or not function properly for you. In these cases, you cannot claim the compensation scheme

In order to use our Services you use devices (smartphone, tablet, laptop, PC, Charging Card, Charging Point etc.) The operation of this device may also affect the operation of our Services.
An infrastructure is needed to make connections to systems. Infrastructure failures therefore impact the operation of our Services. Consider power outages, internet, mobile network (no or poor reception).

Our Services depend, among other things, on charging stations, which are connected and online. This is required to perform our Services. Offline charging stations do not send information about charging sessions, so an accurate credit invoice cannot be generated and the invoice amount paid to Customers. Charging stations may still transmit charging session information when the connection is restored. The charging station owner is responsible for ensuring sufficient network coverage so that the charging station's SIM card, if any, can communicate with Services.

We continually test our systems and try to know about any problems before you do, but sometimes we don't succeed. Do you notice that your service is not working properly? If so, please report it to us as soon as possible. Once faults are known to us, fixing them is our highest priority. We may need your cooperation in our fault investigation.

5.4 Compensation after a malfunction

If you experience malfunction within our responsibility, causing our service to not function for more than 24 hours, you are entitled to compensation. The compensation is calculated over the duration of the outage (in hours) of the Service after the 24-hour period, until the Service is restored. This compensation will be deducted pro rata from your next invoice, rounded up to whole days. The fee can never exceed the (monthly) charges billed for the Service.

6. If we change anything about our Services

We may change or terminate a Service for business reasons. We may also do so to comply with (legal) regulations. And/or so that we continue to meet the requirements of the time and the state of the art. We do our best to make changes without affecting the Service and the devices you use. If this is not possible and if we foresee that the change will affect you, we will let you know in advance. In any case, we will let you know 1 month in advance.

If we discontinue a Service, we will let you know 3 months in advance. If possible, we will offer you a replacement Service.

7. What you need to know when you use the Service

7.1 You are responsible for using your Service properly

If you purchase a Service from us, you are responsible for its use. Even if someone else is using the Service provided to you and you do not know or have not authorized it. All charges for use of our Service(s) will be passed on to you.

If you purchase our Services for the use of your charging station, you are responsible for determining the applicable charges for the charging sessions that occur at your charging station through the Service(s) in question.

If you purchase our Service(s) for charging an electric vehicle, you are responsible for charging the electric vehicle in a timely and proper manner in accordance with the requirements applicable to your specific vehicle (as described in the vehicle's manual, technical requirements, etc.).

You are responsible for taking note of communications sent by Robo Charge via email. We consider any written communication sent to your Robo Charge account or an email sent to the email address in your account to be received.

7.2 Rules of Conduct You Must Adhere To

It is important that you adhere to the following rules.

Our Services (and use of the Portal) are intended for your own reasonable and normal use. By this we mean personal use for private purposes or for ordinary business use. We trust you to use our Services only in that way.
If you have purchased a Charging Point subscription and you are using a Robo Charge SIM card, then you are using a Fair use policy regarding data usage. If it appears that you exceed the Fair use data usage of 20 Mb per month per connection for 3 consecutive months, we will investigate what is causing this and if necessary we can increase your data usage appointment at a corresponding rate.
You may only connect devices that meet the legal requirements that apply to devices. For example, security and data consistency requirements. This way, you will not compromise the operation of our network. If you are going to offset power, you must ensure that the metering devices meet the legal requirements, such as approved equipment according to the Metering Instruments Directive (MID meters).
We trust that you and our employees will always treat each other with respect
We trust that you will not use the service in a way that is punitive or unlawful toward us and/or another person or company.

Do you not follow these rules for reasonable use of our service? If so, we may take action.

If there is demonstrable abuse, we will fully recover from you the damages suffered.

7.3 Correct Data

You warrant to Robo Charge that the personal data provided at the time of entering into an Agreement, such as name, bank account number, billing address and email address, is current, complete and correct and that any changes are changed through your settings in the Portal. If this is not possible, this should be communicated by email.

8. Rates and Fees

8.1 Our Rates

For the Service(s) you purchase from us, you must pay the established rates as stated in the Agreement. The tariffs are structured as follows:

One-time charges, such as connection fees, deposit, etc.
Monthly charges depending on the chosen subscription
Costs for Guest Use at the Charging Point, such as costs per kWh as a fee for being able to accept external Charging Passes (roaming network)

In determining the amounts you have to pay to us, our data are decisive, unless you prove that our data are incorrect. In determining these data, we are as careful as you can expect us to be.

Our rates may be indexed annually. In addition, our rates are subject to interim changes. We will provide two (2) months' notice of any interim rate changes.

8.2 Payment Terms/Billing Period

The owner of a Charging Point and/or Charging Pass will typically receive the invoice for the subscription within the first five business days of the month and must pay it within 14 days. If a charging session took place in the Netherlands, charging fees may be charged to the Customer for up to twelve (12) months after the charging session and/or Service in question was purchased. For sessions that have taken place outside the Netherlands, charging fees may be charged to the Customer for up to twenty-four (24) months after the relevant charging session and/or Service has been purchased.

8.3 Payment of Roaming Fees and Power Fee

Robo Charge will collect the relevant transactions Roaming partners in the case of Roaming fees after the end of the Billing Period.
Robo Charge will, in the case of Power fees, collect the relevant transactions to the entities where the declaration is submitted after the end of the Billing Period.
Thereafter, there will be a disbursement cycle of 2 times per month, during which Robo Charge will proceed to disburse the transactions paid by the Roaming partners and/or declared entities.
Robo Charge cannot be held liable if the Roaming credits are not disbursed to Robo Charge by the Roaming partner and declared entity and therefore cannot be disbursed to the owner of the Charging Point and/or the beneficiary of the power fee.
Robo Charge may offset outstanding amounts from previous billing periods, for which the payment period has expired, against amounts still to be received by the owner of the Charging Point/Charging Card. The settlement cannot be undone thereafter. You will be notified of this by email.

9. This is how you pay

We will debit the amount you have to pay us from your account by direct debit, unless agreed otherwise.

9.1 Direct debit

For direct debit, we ask you to enter into a direct debit mandate with us so that we can collect. You do this by transferring 1 cent. The direct debit is provided by Payment Service Provider Mollie. The invoice will be sent via the accounting program Jortt. The invoice contains the obligatory advance notice for the direct debit. The collection date is approximately 10 days after sending the invoice. Have you not paid when the deadline in that payment reminder has passed? Then we can turn off the Service(s). We may then also charge you statutory interest and collection costs. Does automatic collection fail multiple times? Then we can switch you to another method of payment. This may involve costs that you have to pay.

9.1.1 If collection fails

When there is too little money in your account to collect:

Day 14, Collection attempt 2: we will make a second attempt to collect. For this we charge an additional collection fee of 0.50 excluding VAT.
Day 18, Collection attempt 3: If the collection fails, we will make a third attempt after another 4 days. For this we charge an additional collection fee of 0.50 excl. VAT.
Day 20: Final Payment Reminder: We will send you a registered letter and email with a final reminder. We may charge an additional administration fee for this. Payment period of this reminder is 14 days.
Day 34: If it appears that on the 34th day of the month the invoice has not been paid, we are forced to hand over the case to a collection agency. Then there will be collection costs and statutory interest charges.

9.2 Payment by invoice

For payment by invoice, we charge additional fees (see rates) due to additional administrative actions. The payment period of this invoice is 14 days, unless otherwise agreed.

9.2.1 If payment is not made

Day 15, Payment Reminder 1: After 14 days after sending the invoice, we will send you a reminder in which we draw your attention to the unpaid invoice. Payment deadline of this reminder is 5 days.
Day 20, Final reminder: if the invoice has not been paid 5 days after the second reminder, we will send you a registered letter and email with a final reminder. We may charge an additional administration fee for this. Payment term of this reminder is 14 days.
Day 34: If on the 34th day of the month the invoice is still not paid, we are forced to hand over the case to a collection agency. Then collection costs and statutory interest charges will be added.

9.3 If you disagree with the invoice

Pay the bill as per our invoice as usual;
Let us know within 14 days of receiving the invoice. At invoice@robo-charge.com;
Storming is never allowed. If you do, we are forced (because of extra handling) to charge 25 costs.

If you object to the invoice, you only have the right to temporarily suspend payment of the part you do not agree with. You must pay the rest of the invoice or other outstanding invoices on time. Claims relating to incorrect charging sessions, such as dispute of the amount, kWh or charging dates, must be made within two (2) weeks of receipt of the invoice for the disputed charging session.

10. Temporarily stopping the Service

Do you continue to fail imputably to comply with the Agreement after receiving a written notice of default from Robo Charge containing a reasonable period of time to comply? Then we may temporarily stop the Service. If you comply with your obligations again, we will restart the Service. We will in that case charge 25 for activating the Service. Even if we temporarily stop the Service, you remain obliged to pay the agreed amounts.

11. Changing your Agreement

11.1 Changes by us

We may change the Agreement or the agreed rates. If we do so, we will let you know at least 2 months in advance.

11.2 Change yourself

During the term of the Agreement, you can change your Subscription to another variant in the Portal at any time. The change to your Subscription will take effect on the first day of the following month. From then on, the new price for the Subscription will be charged. In addition, with a pay-per-use Subscription, functionalities can be turned on and off that apply directly to the price of the Subscription. These costs are calculated pro rata from the time of (de)activation.

11.3 Moving

You are responsible to update changes to your billing (address) in our Portal. If they are not up-to-date, correspondence may be lost. The consequences are at your expense. If you wish to transfer the Agreement to the new owner of the property who wishes to take over the Service, you may request this from us. We may then charge you an administration fee.

12. Termination or termination

12.1 Termination or termination

When can we terminate the Agreement? We can terminate the Agreement prematurely if:

you have been declared bankrupt or granted a moratorium.
you have been admitted to the Natural Persons Debt Rescheduling Act.
you are incapacitated, placed under guardianship or otherwise no longer allowed to manage your own money.
you do not (yet) comply with your obligations under the Agreement (after sending a written notice of default with a reasonable period of time for compliance) and this justifies the dissolution of the Agreement under the circumstances
If the Customer does not comply with its obligations under these Terms and Conditions.
When you move to a place where we cannot provide the Services or an equivalent level thereof.
In other circumstances that lead to a need to terminate our Services, including, but not limited to, abuse and/or suspicion of fraud.

Do we terminate your Agreement prematurely because you fail to meet your obligations? Then we will charge the costs incurred up to that point for the Service. Even if we (temporarily) suspend or terminate the provision of Services, you remain obliged to pay the outstanding invoices for the Services provided by us and any other costs incurred by us in connection therewith until the suspension or termination of the Services

13. This is how we have regulated liability

13.1 Liability

We are liable for damages if those damages are caused by a failure attributable to us under the law or under prevailing opinion.

Robo Charge shall not be liable for damages suffered by Customers as a result of dysfunctional Charging Points that prevent all or part of the proper and/or complete delivery of the Services to a Customer. This includes, but is not limited to, Charging Points that cannot be used in whole or in part for the Services due to (prior) improper use of the Charging Point or other Services, poor performance, disconnection, operational or network interruption or failure and/or other unavailability of the affected Charging Points and/or other Services.

Robo Charge shall not be liable for any damages resulting from the rate set by a Customer or a third party. This includes, but is not limited to, situations where the charge amount is lower than the Customer's electricity cost or negative reactions to the level of the rates.

Robo Charge is not liable for damage to your Charging Point, such as, e.g., vandalism or intentional misuse of information on your Charging Point.

Robo Charge is not liable for any damages resulting from non-performance of resellers/resellers acting under their own name and for their own account, e.g. non-fulfillment of (payment) agreements to customers of these resellers/resellers, or other parties using the Robo Charge software to serve their customers.

13.2 Failure to perform by us

Unless performance by Robo Charge is permanently impossible, Robo Charge's liability for attributable failure to perform an Agreement arises only if you give Robo Charge written notice of default, observing a reasonable time for cure of at least ten (10) business days whereby Robo Charge continues to fail attributably in the performance of its obligations even after the time for cure of the failure. The notice of default must contain as complete and detailed a description of the failure as possible, so that Robo Charge is given the opportunity to respond adequately.

Our liability applies only in the cases below. Thereby, the amounts mentioned apply. It may be that an event results in damage to more customers. In such a case, we will pay a maximum of the amount indicated for that event. We then divide the amount to be paid proportionally. Each customer will then be compensated for the same portion of their damage

Damage to your items that occurred during work we have to do to perform the Agreement. The maximum amount is 1000 per event.
Damage because a service has been out of service for more than 24 hours or was unavailable without us having a reason. The maximum amount is the invoice amount you paid.
Damages resulting from attributable administrative errors other than those described above. The maximum amount is 25 per Customer and a maximum of 1,000 per event

In the case of multiple events, it will not exceed the total amount owed by the Customer to Robo Charge for the Services purchased in the 12 months prior to the first event leading to such damages.

13.3 Liability for Indirect Damages

Robo Charge shall never be liable for indirect damages including consequential damages arising out of or in connection with the Services, including, but not limited to, consequential damages, lost profits, lost savings, diminished goodwill, damages related to interruption or suspension of our Services or business interruptions, or any incurred losses, costs or other damages in connection therewith.

13.4 Liability Guest Usage (Roaming) Fees

In the event Guest Usage (Roaming) or Declaration is activated by you, Robo Charge is not liable for the accuracy and amount of the kWh rate set by you and the disbursement of these transactions in the event that the Roaming partner/declared party goes bankrupt or fails to meet its payment obligations (in a timely manner). Robo Charge has an obligation to provide accurate information to Roaming partners to ensure prompt disbursement. If this obligation is met and the Roaming partner does not make payment, you yourself are responsible for the entrepreneurial risk of activating the Roaming/declaration.

13.5 Liability for third parties

Robo Charge is not liable for damage caused by intent or deliberate recklessness of third parties engaged by you and/or Installer. The use of Third Party Charging Stations may be subject to terms and conditions as established by or agreed between the Customer and the relevant third party. You are responsible for compliance with these terms and conditions. You understand and accept that Robo Charge does not provide customer support with respect to Charging Stations in third party networks or third party services other than those related to Robo Charge's Services.

13.6 Liability for inaccurate data

Robo Charge is not liable for damages of any kind due to Robo Charge's reliance on inaccurate and/or incomplete data provided by you, unless such inaccuracy or incompleteness should have been known to Robo Charge.

13.7 Liability for Loss and/or theft, misuse of Charge Card

You should not disclose your account and Charge Card information to anyone. If the Charge Card is lost or stolen, anyone who comes into possession of this Charge Card can misuse it. You are responsible for all transactions on your account, including unauthorized transactions. If the Charge Card is lost, stolen or destroyed, you must deactivate it yourself immediately in the Portal so that no damage can occur. The deactivation is effective only after we have confirmed it to you by email and you have received this confirmation. You yourself are responsible and liable for any damage resulting from the loss, theft or misuse of the Charge Card.

13.8 When are you liable?

You are liable for damage that must be compensated according to the law and is caused by a shortcoming, unless that shortcoming is not attributable to you according to the law or according to the prevailing views. Are you a consumer? Then a different rule applies to business and consequential damages that we incur. By trading loss and consequential loss we mean, for example, profit or savings we lose and damage we incur indirectly. You are only liable for this if that damage was caused intentionally or through recklessness, when you knew that damage would arise from your conduct. Are there others who believe they are entitled to compensation due to the use made of your services? Then you indemnify us against this.

13.9 Reporting Damage

You must report damage to us in writing as soon as possible, but no later than 4 weeks after you could have discovered it. If you fail to do so within that period, you are not entitled to compensation. For consumers, this does not apply if you make it clear that you could not have responded in time or in writing.

13.10 Force majeure

We are not obliged to fulfil our obligations if we are unable to do so due to force majeure. We can then (temporarily) stop our services. In any case there is force majeure if we cannot meet our obligations due to:

Trade barriers, such as trade blockades and embargoes
Government measures
War, revolution, terrorism or other emergencies
Power failures
Communications equipment failures caused by cable breaks, fire, explosion, water damage, lightning strikes
Natural disasters, including: floods and earthquakes
If our supplier(s) or their suppliers are unable to meet their obligations due to force majeure

During the period in which we invoke force majeure, you are not obligated to pay for the services purchased. If the force majeure lasts longer than 60 days, we have the right to terminate the Agreement. We will then notify you in writing.

14. Do you have a complaint?

Then you can submit a complaint about how the Agreement comes about or is executed to the Disputes Committee. You can only do that within 12 months after the disagreement arose. Before you go to the Disputes Committee, you must first submit your complaint to us. How you do that is on our website. If you do not report your complaint to us first, the Disputes Committee will not consider your complaint. We can only bring a dispute to the Dispute Commission if you have indicated that you are okay with that. The Disputes Committee handles disputes according to regulations. If you request it, you will be sent those regulations. The decisions of the Disputes Committee are binding. This means that you cannot appeal a decision of the Dispute Commission. However, you can have the binding advice subsequently reviewed by the court. If you submit a dispute to the Disputes Committee, you pay a fee for doing so.

Consumers: https://www.degeschillencommissie.nl/consumenten/
Business customers: https://www.degeschillencommissie.nl/ondernemers/

You can also submit disputes to the courts. It is up to you whether you choose the Dispute Resolution Committee or the courts. All disputes arising from or related to this Agreement will be submitted exclusively to the competent court in 's Hertogenbosch. The Consumer has the right at all times to turn to the court with jurisdiction according to the law. On these General Conditions, the Agreement is exclusively Dutch law. The Vienna Sales Convention is excluded.

15. How is your privacy regulated?

15.1 We process your data to provide our services

When we perform our services, we process your data. For example, your personal, traffic and location data. In doing so, we comply with the AVG Regulation, Data Protection Act and Chapter 11 of the Telecommunications Act. You can find these at government.nl, among other places. By entering into the agreement, you consent to the processing of the data required to perform the Service.

How we process and protect your data and what choices you can make in this regard are set out in our privacy statement. You can find the privacy statement on our website. We may update the privacy statement if there are new developments. We advise you to read the privacy statement regularly. That way you will know how we process and protect your data.

Do we engage another company, such as a collection agency, to collect our claim? Or do we transfer our claim to such a company? Then we may give your information to that company.

If relevant, Robo Charge will enter into the necessary agreements for the processing of personal data.

16. Allow Guest Use at Charging Point

16.1 Settings/Portal

Through appropriate settings, you can open your Charging Point for Guest Use and set a fee to be received for this.

16.2 Limitation of tariffs

Robo Charge reserves the right to limit the setting of tariffs to a maximum. This limitation is viewable to you on Robo Charge's website.

16.3 Responsibility

You are responsible for setting (the amount of) any rates. Robo Charge will not be liable for any damages you suffer as a result of the set rate. This includes, not exclusively, situations where the set tariff is lower than your power costs or negative reactions from End Users to the level of tariffs.

16.4 Total Fee

The amount of the total fee charged and communicated at the Charging Point will be determined based on the Guest Usage rate set by you, plus any costs incurred by Robo Charge for providing the service, the current rate of which can be found on Robo Charge's website.

16.5 Liability

Robo Charge will make every effort to recover the costs incurred for Guest Usage from the various Mobility Service Providers. If Robo Charge cannot recover the reimbursement for the Guest Usage from other Mobility Service Providers, they will not be paid to you and these costs cannot be recovered from Robo Charge. Robo Charge is not liable if the costs of Guest Usage cannot be recovered.

16.6 Charging Session

Individual Charging Sessions smaller than 0.2 kWh and / or shorter than 2 minutes will not be charged to the Mobility Service Providers and therefore no credit note will be issued to the Charging Point Provider on this.

17. SIM Card

17.1 Right to use a Robo Charge SIM Card

You will receive a SIM Card if you need it to use the Service. The Sim Card remains our property, therefore we charge a deposit amount and if the Sim Card is returned you will get the deposit back. Do we change the technical characteristics of your Sim Card? Or is your SIM card obsolete? Then we can exchange your SIM card. We can also change the technical properties or settings of your SIM card (remotely). You should protect the Sim Card as much as possible against unauthorized use, theft or damage. As soon as the Agreement of a Charging Point with a Robo Charge Sim Card ends, you must ensure that the Sim Card is returned to us. Unless otherwise agreed with you. For example, by transferring a Charging Point to another legal entity.

17.2 Block Sim Card in case of theft or loss

In case of theft, loss or if you think someone has used your Sim Card without your permission, you can ask us to block the Service. This can be done 7 days a week. We will then block the Service as soon as possible. Until you have reported that the SIM Card should be blocked, you have to pay the costs of using the Service. Over the period that the Service is blocked, you will not pay any charges for using the Service. You can ask us to unblock and possibly issue a new SIM Card so that you can use the Service again.

18. Charging Card

18.1 Use

You must handle the Charging Card with care, use it in accordance with normal use and refrain from any Unauthorized Use thereof.

18.2 Availability and Availability

The Charging Points belong in ownership to various Suppliers and private owners, of which Robo Charge is not a part. Robo Charge only facilitates the use of the Charging Card. For this reason, Robo Charge has no influence on the Interoperability, proper functioning, availability and/or accessibility of (Public) Charge Points and therefore does not provide any guarantee on this. Robo Charge cannot guarantee that you will be able to charge at all Charging Stations in the Netherlands and abroad using the EV Interoperability Service. In this case, any resulting costs cannot be recovered from Robo Charge.

Charge cards supplied by Robo Charge carry a one (1) year warranty against defects in materials or workmanship. If your charge card becomes defective within one (1) year of receipt, you will receive a replacement charge card once at no charge. All further replacements of the pass during and after the one-year warranty period will be charged to the Customer. Defective charge cards must always be returned to Robo Charge by the Customer at his own expense. In case of damage, loss or theft of a charge card, the Customer must block the charge card in the portal and notify Robo Charge as soon as possible. Until the pass/tag is blocked, the Customer is responsible for all costs related to the misuse of the Charge Card and for transactions made with the Charge Card before it was blocked. Replacement fees will be charged.

For charging at Public Charging Points in Robo Charge’s Partner Charging Network, the charges as stated on the Charging Point, or after scanning the QR code on the Charging Point, will be charged. Robo Charge can never be held liable for the correctness of the costs incurred with a Robo Charge Charging Pass at a Charging Point that is not managed by Robo Charge.

18.3 Activation

When applying for (a) Charging Pass, you must register on the Robo Charge Portal. You will receive a confirmation with instructions for further activation via email. You will receive your charge card within 5 business days. The Charge Card is equipped for interoperability by default. The cost of the Charge Card itself and the Deposit must be paid upon shipment of the Charge Card.

18.4 Settlement

Robo Charge will be billed by other Charging Point Operators for the Charging Sessions taken by you (if any). Robo Charge will pass these charging charges to you in full for the Charging Sessions taken. Robo Charge can never be held liable for the accuracy of charges incurred with a Robo Charge Charging Card at a Charging Point that is not under Robo Charge's control.

18.5 Charging Charges

The charges for a Charging Session may consist of a starting charge, a charge for power consumption (per kWh) and/or a charge for the duration of the Charging Session (e.g. per minute) and/or a parking charge. These charges may vary from one Charging Point to another and can be changed without limitation by Charging Point Operators.

18.6 Charging charges for the use of Charging Pass

The charging charges for Charging Sessions are billed to you monthly.

18.7 Any Terms of Use

You are responsible for knowing and complying with the applicable parking regime and any terms of use associated with the Charging Point, including charging points where Robo Charge is not the operator.

19. Responsibility of Robo Charge

Processing and presentation of data generated by connected Devices within our Service(s).
Processing of settings and user data regarding the purchased Service(s)
Billing using the data provided by the connected Devices
Keeping the Service(s) available to users
Make the Service(s) operational as quickly as possible in case of emergencies

20. Service & Support

In the event of a 24/7 emergency service for problems at the Charging Point or charging, Robo Charge first offers a digital process. The digital process aims to provide quick and easy support using a smartphone. Should this digital process not lead to a solution, telephone assistance can be provided 24/7. Like a telephone help desk, the digital process cannot guarantee that the problem can be solved at any time at that moment. Instead, an appropriate solution will be provided as much as possible.

21. Intellectual Property

All intellectual property rights to the software, websites, data files, equipment or other materials such as analyses, designs, documentation, reports, Quotations developed or made available to you under the Agreement, as well as preparatory materials thereof, belong exclusively to Robo Charge, its licensors or its suppliers. You obtain only the rights of use expressly granted by these General Terms and Conditions and/or Agreement and the law. Any right of use granted to you is revocable, non-exclusive, non-transferable to third parties and non-sub-licensable.

Robo Charge warrants that the items it mediates do not, as such, infringe any Dutch patent rights, design rights or other industrial or intellectual property rights of third parties. You are not allowed to remove or change any indication of an intellectual property right, such as a logo and brand name on Products and/or Services provided by Robo Charge, software, documentation, materials made available. Unless otherwise agreed.

22. Choice of Law and Forum

Each Agreement relating to our Services and these Terms of Service shall be governed exclusively by the laws of the Netherlands. Any disputes arising hereunder shall be submitted to the competent court in 's-Hertogenbosch, the Netherlands. Consumers have the right to bring a claim before a competent court in the EU member state where they are domiciled.
As an alternative to dispute resolution through the courts, Consumers residing in the European Union can submit their complaint to the European Online Dispute Resolution Platform.

Schedule 1: Definitions

Pay per use: Pay for the use of the Services
General Terms and Conditions: These general terms and conditions including any attachments;
Subscription: Membership of Robo Charge's software that provides communication with a Charging Point or Charging Card.
Customer: A natural person or legal entity that has entered into a legally valid Agreement with Robo Charge
Robo Charge platform/Portal: The application developed by Robo Charge that enables you to digitally manage/monitor the Service(s) purchased. You can log in and manage the Charging Point, view charging sessions, view and download invoices and change personal data.
Service(s): The software for managing and communicating with the Charging Point, Roaming and processing charges, monitoring of the Charging Point, support of the Charging Point to detect and solve malfunctions, business declaration of incurred Charging costs, registration of users, locations and regions, insight into invoices
Digital content: Data produced and delivered in digital form;
End User: The person who uses the Service(s)
Electric Vehicle: A motor vehicle as referred to in Article 1, first paragraph, under c, of the Road Traffic Act 1994, which is registered with the RDW as a car and is fully or partially driven by an electric motor for which the electric energy is supplied by a battery and of which the battery can be (partly) recharged by means of a facility outside the vehicle.
Products: A SIM Card, Charging Card or QR Code
Robo Charge: The private limited liability company, Robo Charge B.V. (registered in the Chamber of Commerce under number 78029139), established in Kerkdriel (Municipality of Maasdriel) and having its office at Hambakenwetering 1, 5231 DD in 's-Hertogenbosch
Roaming: For a driver of an electric vehicle, roaming offers the possibility of using different Charging Points, even if the EV driver is only a customer of one service provider. Roaming networks provide access to all Charging Points around the world.
Fair Use policy: Recharging Points can use a SIM card that consumes data. We purchase a pool of 20Mb per month, which is enough for 1 Charging Point. Sometimes you may use a bit more data than the other month, depending on failures of the charger itself or usage. In the event that long-term (3 months) usage exceeds 20Mb per Charging Point, we could recover this from you.
EV Interoperability: Interoperability allows EV users to use Charging Stations from different providers at home and abroad.
Robo Charge Network: Collection of Charging Points where Robo Charge provides communication with the Charging Points and where EV users can charge the Electric Vehicle.
Guest Use: Situation in which an End User uses a Charging Point from a Charging Point Provider, where the Charging Card used is not from the Charging Point Provider itself.
Charge Card: Charge Card (Rfid Tag) from Robo Charge that provides access to the use of one or more Charging Points.
Charge Point: Facility(s) where the End User can charge the Electric Vehicle by using the Charging Card
Charge Point Provider: A location owner with Robo Charge connected Charging Points on its own premises accessible through EV interoperability.
Charge Point Operator: An operator of Charging Points accessible through EV interoperability.
Agreement: The recorded order between Robo Charge and you concerning the Service(s), any amendment or addition thereto, as well as all (legal) acts in preparation and execution of that Agreement.
Charge Session: The period during which the Electronic Vehicle is connected to a Charging Point. Which is started or stopped through the use of the Charging Card; A Charging Session is a charging session which is charged more than 0.2 kWh or longer than 2 minutes.
Charging Pole Network: Collection of Charging Points of all Charging Point Operators which are accessible through EV interoperability;
Mobility Service Provider: Provider of Charging Passes which can be used on the Robo Charge Network.
Website: The Robo Charge websites, including, but not limited to, www.robo-charge.com as well as the Management System portal of affiliated partners.