1. The products and services under these Terms of Service are offered and operated by ChargePoint Network (Netherlands) B.V. (“ChargePoint”), located at  Gustav Mahlerplein 2, 1082 MA Amsterdam, Netherlands.
2. These Terms of Service cover all products and services that ChargePoint provides for you, in particular, but not limited to,
   • your ChargePoint Account;
   • our collecting, on behalf of owners (“Hosts”) of charging stations for electric vehicles, fees charged to you by such Hosts for access to their charging stations;
   • the purchase and use of the radio frequency identification card(s) known as “ChargePoint Cards” that will permit you access to those charging stations on ChargePoint (each, a “ChargePoint Enabled Charging Station”) that you are authorised to use; 
   • your use of ChargePoint’s applications, including mobile application(s).
3. If you are submitting a ChargePoint account application in connection with an offer or programme (“Programme”) offered by ChargePoint in conjunction with one of its partners (each, a “Programme Partner”), additional programme-specific terms and conditions made available to you may apply to your participation in such Programme (“Programme Terms”). To the extent there is a conflict between these Terms of Service and any Programme Terms, the Programme Terms shall prevail as they relate to your participation in the Programme.

• You Agree to:

1. Pay all the fees for access to a charging station initiated by you (“Session Fees”), or through the use of your ChargePoint card in any manner, including, without limitation, with your ChargePoint Card(s) at a station, remotely by a customer service agent at your request or using an application embedded in any smart phone or similar technology.
2. Use your ChargePoint Card solely in accordance with these Terms of Service as well as card-specific instructions provided to you by ChargePoint.
3. Obey all applicable laws and regulations, and make yourself familiar with, and then comply with, any lawful policies and rules of the owner of the ChargePoint Enabled Charging Station and/or the owner of the property on which the ChargePoint Enabled Charging Station is located.
4. Promptly review your statement and notify ChargePoint Customer Service of any questions regarding session fees. Fees not questioned within twelve (12) weeks of notice will be deemed valid.
5. Promptly update online any changes to your name, email address, postal address, and any applicable credit card information, including, without limitation, the applicable credit card number, expiry date and billing address, when that new information is first known. For clarity, you remain liable for all Session Fees billed to your account regardless of whether you have notified ChargePoint Customer Service of any changes in your ChargePoint Card(s) until you have cancelled your account.
6. You must not make your ChargePoint Card available to third parties or allow a third party to use your ChargePoint mobile application, and you must keep your login credentials, especially the password, secret at all times. If you discover or suspect that your ChargePoint Card has been lost or stolen, and/or that your ChargePoint mobile application or your login data are being or have been used by a third party, you must immediately notify us to this effect. We will then block the ChargePoint Card and login credentials against further use. Please be aware that, until you have notified us to block your ChargePoint Card and/or login credentials, you remain fully liable for the use of the ChargePoint Card and your login credentials.

• Your ChargePoint account, and the ChargePoint services we provide under your ChargePoint account, combine, if you choose to use them fully,

• full access to, and use of, our Website as well as our mobile application;
• receiving and using your ChargePoint Card;
• having and maintaining a balance in your ChargePoint account for paying Session Fees when you charge your EV;

the specific provisions for which are set out in this Section 3.

1. Registering Your ChargePoint Account:

You submit your application to register your ChargePoint account by inserting the required information on ChargePoint’s website or in one of ChargePoint’s mobile applications and sending us your application by clicking the corresponding button. We accept your application by creating your ChargePoint account and giving you access to it, with the proviso, however, that we reserve the right to reject any user’s application at our sole discretion. The contract between you and ChargePoint will be concluded upon our acceptance of your application.  

2. ChargePoint Flex Billing:
   1. Your ChargePoint Card may be used to pay Session Fees at any publicly accessible ChargePoint Enabled Charging Station, and at any private ChargePoint Enabled Charging Station you are allowed to use.
   2. When using your ChargePoint Card for the payment of Session Fees, your card will be read by the applicable ChargePoint Charging Station and a record of your transaction will be created. Session Fees will be charged to your account in accordance with the price configured by the Host. It is your responsibility to be aware of the price charged by the Host for access to the applicable ChargePoint Enabled Charging Station.
   3. If you use, or allow another person to use, your ChargePoint Card at any ChargePoint Enabled Charging Station, you agree to pay the fees specified by the Host. ChargePoint may share with the Host any information contained in your ChargePoint account necessary for the purposes of processing and collecting Session Fees.
3. Minimum Account Balances, Fees and Charges:
   1. Although ChargePoint takes a credit card number when you apply for a ChargePoint Card, your credit card will not be charged until the first time you use your ChargePoint Card at a ChargePoint Enabled Charging Station that requires payment.
   2. As part of ChargePoint’s service to ensure that you remain mobile and can always charge your EV with your ChargePoint Card when you need to, (i) except as otherwise provided in any Programme Terms, once you first charge at any ChargePoint Enabled Charging Station that requires payment, your credit card will be charged an initial prepaid balance in the amount of EUR 10.00 or GBP 10.00 the first time you use your ChargePoint Card and (ii) you authorise ChargePoint to, from time to time, replenish your prepaid balance account, through a charge to your credit card, in an amount equal to the greater of (a) EUR 10.00 or GBP 10.00 or (b) your average monthly fees, each time your account balance falls below the replenishment threshold (currently EUR 10.00 or GBP 10.00.. The Session Fees associated with your charging session(s) will be deducted from your balance at the time.
   3. Your balance will be available to you immediately after the charge of your credit card has been successful. ChargePoint does not charge delivery, payment or other fees for delivering the balance to your account or the other services under this Section 3.
   4. Charges to your credit card account will be made using the SEPA direct debit. ChargePoint will notify you of both the amount to be charged and the charging date in advance of the charge. You agree that the advance notification period is shortened to one (1) working day. 
   5. You agree that your replenishment amount and replenishment threshold are both subject to change based on your average monthly usage.
   6. There will be no interest or other benefits accruing on any prepaid balances in your ChargePoint Card. In the event that the balance in your ChargePoint Account cannot be replenished because payment on your credit card is declined, or in the event of any other failure by you to maintain the required balance or properly maintain your account, ChargePoint may close your account after giving notice pursuant to any applicable statutory provisions and, in the case of any negative account balance, institute collection proceedings in order to collect any unpaid balance and, at ChargePoint’s sole option, all reasonable necessary fees, costs or other expenses (including, without limitation, statutory lawyers’ fees (if any)) incurred by ChargePoint in connection with its collection efforts.
4. ChargePoint Cards:
   1. If a ChargePoint Card fails to operate for reasons other than abuse or improper use and is returned to the ChargePoint Customer Service Centre, ChargePoint will replace that ChargePoint Card at no charge.
   2. If a ChargePoint Card is lost or stolen, you must delete your card from your ChargePoint account without delay, or, if you do not have access to the internet, without delay report such loss or event to ChargePoint Customer Service (see contact information at the end of this document).
5. Using the ChargePoint Website or Mobile Applications:
   1. You may access and use ChargePoint’s website and mobile application(s) to obtain information regarding ChargePoint Enabled Charging Station locations, trip mapping and other content and features that ChargePoint may make available. The use of the ChargePoint Website and mobile apps is subject to ChargePoint’s website terms and conditions https://www.chargepoint.com/en-gb/legal and ChargePoint’s mobile application terms and conditions.
   2. ChargePoint offers ChargePoint Cards branded with the ChargePoint name, or, in some instances, with the brand of a third party (each, a “Branding Affiliate”). Regardless of such branding, ChargePoint remains solely responsible for the operations of ChargePoint, including, ChargePoint Cards. Contractual and other claims that result from the ChargePoint Cards and/or the other ChargePoint services (if any) are, therefore, to be addressed to ChargePoint, and not the Branding Affiliate. Except with respect to the negligence or wilful misconduct of a Branding Affiliate, Branding Affiliates are not liable under causes of action related to the ChargePoint Cards, your ChargePoint account and/or your use of the ChargePoint network.
6. User Support:

ChargePoint provides user support and troubleshooting for the ChargePoint Services through its designated support channels either itself or, where suitable and/or more efficient, through its affiliated companies.

7. Right of Withdrawal:

If you are a consumer within the definition of the applicable law, i.e. if you enter into the agreement made under these Terms of Service as a natural person and for a purpose that is at least for the most part unconnected to your business or other professional activities, you have a statutory right to withdraw from the contract made under these Terms of Service on which we instruct you as follows:

Instructions on withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us: ChargePoint Network (Netherlands) B.V.. Gustav Mahlerplein 2, 1082 MA Amsterdam, Netherlands, Tel: +31 (0)20-7997365 with a copy to Dutch B.V., 254 East Hacienda Ave., Campbell, CA 95008 USA, Email: cplegal@chargepoint.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Important Information

Your right of withdrawal lapses prematurely if we have rendered the complete service owed and if we only commenced rendering the service after you had expressly consented to our doing so, confirming at the same time that you knew that you would lose your right of withdrawal on completion of our contractual performance.

 

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract)

- To
ChargePoint Network (Netherlands) B.V.  

Gustav Mahlerplein 2, 1082 MA Amsterdam, Netherlands

With a copy to

Dutch B.V.,
254 East Hacienda Avenue
Campbell, CA 95008 USA

cplegal@chargepoint.com

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

- Ordered on (*)/received on (*),

- Name of consumer(s),

- Address of consumer(s),

- Signature of consumer(s) (only if this form is notified on paper),

- Date

___________
(*) Delete as appropriate.

8. Offers from ChargePoint Partners:

From time to time, you may receive offers through ChargePoint from other organisations. Acceptance and performance under those offers is strictly between you and those organisations. ChargePoint does not assume responsibility for any performance by these organisations. ChargePoint is not liable for or as a result of any such offers you receive from those organisations, and you agree to look solely to those organisations for the performance of the offers. These organisations conduct business for themselves and are not part of the ChargePoint business. As such, you should always make sure to review their terms of service and privacy policies so that you may better understand what is being offered, what is expected of you and what may be done with any personally identifying information you provide to them.

1. You may use you ChargePoint Card at any ChargePoint Enabled Charging Station. The agreement that governs the charging of your EV is, in each case, made between you and the Host; the Host in all but a few cases being a third party partner of ChargePoint, but also, possibly, in some cases ChargePoint itself.
2. After you have charged your EV at a ChargePoint Enabled Charging Station using your ChargePoint Card, you will be charged with the applicable Session Fee on behalf of the Host, the corresponding amount thus being deducted from the balance in your ChargePoint Account.
3. Some ChargePoint stations may be equipped with cameras, where your image or video may be captured by the camera embedded in the station, which may be used to determine parking space availability, licence plate recognition, and facial recognition for the purpose of distinguishing between multiple vehicles and users and for security purposes.

1. The term of the agreement made under these Terms of Service is open-ended, subject to termination under Section 5.2 below.
2. Either Party may terminate the agreement on the ChargePoint account and the ChargePoint services at any time and for any reason by giving notice pursuant to any statutory provisions. If ChargePoint requests, or if you wish to terminate the agreement, you must return all of your ChargePoint Cards to ChargePoint Customer Service.
3. Except as otherwise provided in any Programme Terms, upon termination and your return of your ChargePoint Card(s), your account balance will be refunded to the credit card on file with your account within thirty (30) days of ChargePoint’s receipt of your ChargePoint Card(s).
4. Following any termination, you remain responsible for payments owed under the agreement. If your account balance is insufficient to cover outstanding charges, you will remain liable for all such amounts. If such unpaid charges are not promptly remitted, you may be subject to collection actions and liable for reasonably incurred collection costs for any unpaid balance.

• You agree to indemnify ChargePoint and its directors, officers and employees, (collectively, the “Indemnitees”) from all liability for any loss, damage or injury to persons or property arising from or related to your culpable misuse or misapplication of the ChargePoint Card(s) or otherwise for your negligence.

1. ChargePoint shall be liable in accordance with the applicable statutory provisions (whether in contract, tort or otherwise) for damages suffered by you that
   1. have been caused as a result of ChargePoint, its legal representatives, its agents or auxiliaries having acted, or having failed to act where there was a duty for ChargePoint to act, in gross negligence or with wilful or malicious intent;
   2. have occurred as a result of a breach of a guarantee (the term “guarantee” in accordance with the applicable statutory meaning);
   3. have occurred as a result of ChargePoint breaching a material contractual obligation (as regards the term “material contractual obligation” see Section 7.2);
   4. that are a result of a culpably caused injury to life, limb or health; and/or
   5. that are subject to product liability under the German Product Liability Act.

In cases of negligence (other than gross negligence) in breaching a material obligation under the agreement, ChargePoint’s liability shall be limited to damages that are typically foreseeable in the context of a contract such as the agreement under these Terms of Service. The foregoing limitation of liability shall, however, not apply where the damages result from culpably caused injuries to life, limb or health or a breach of a guarantee (as defined in Section 7.1.2).

2. “Material contractual obligations” are such contractual obligations the fulfilment of which is essential for the proper performance of the agreement and on which the contractual partner may rightfully rely, and that, on the other hand, jeopardise the aim and purpose of the agreement if breached.
3. Any liability other than or beyond the liability provided in Sections 7.1 and 7.2 is excluded.
4. You are responsible for ensuring the routine backup of your data. Irrespective of Sections 7.1 and 7.2, if you suffer damages that result from the loss of data, ChargePoint shall in any case only be liable for such damages if and insofar as the damages could not have been avoided by you carrying out data backups of all relevant data at regular intervals.
5. Notwithstanding anything to the contrary in this Section 7, ChargePoint shall not liable for damages, if and to the extent they are  caused by your own negligence, wilful misconduct or other culpability.

• Your use of the ChargePoint account and the ChargePoint services in general, and in particular your ChargePoint Card usage, is subject to the terms of the ChargePoint Privacy Policy (see Privacy Policy for further details). We take pride in being transparent about our collection, processing and use of our users’ personal data, and we think it is important that you understand what we do and do not do with your personal data and why we do it. We strongly encourage you to take the time to read our Privacy Policy.

• The agreement that incorporates these Terms of Service as well as these Terms of Service themselves shall be governed and construed in accordance with the laws of the Federal Republic of Germany excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law provisions that would require application of another choice of law. Further, if you are a consumer within the meaning of the applicable laws, all mandatory statutory consumer protection laws and regulations applicable in the country in which you generally reside shall apply, if and inasmuch as those laws and regulations  provide you with a more extensive protection.

• The courts of Berlin shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement if you are a registered company, a public law legal entity or an asset fund organised under public law. In this case, each of the Parties hereby expressly consents and submits to the jurisdiction and venue of these courts

1. The European Commission provides a platform for online alternative dispute resolution at http://ec.europa.eu/consumers/odr/ that consumers can use to resolve disputes that they may have, and where consumers can find further information on alternative dispute resolution.
2. However, ChargePoint is neither obliged nor prepared to partake in any alternative dispute resolution proceedings before a consumer protection body in cases where ChargePoint has a dispute with a user.

1. The only languages offered for the conclusion of the agreement under these Terms of Service is German and English. ChargePoint will not file the agreement made under these Terms of Service, and the agreement will therefore not be accessible as such. 
2. Please address all inquiries and notices to ChargePoint Customer Service:
   • U.S. and Canada freephone number: 1-888-758-4389
   • support.eu@chargepoint.com