General conditions

Summary of changes to the conditions:

4 § Accessibility

• New wording:
  
  • “…in the event of a technical failure of the charging station, ChargeNode will try to inform the responsible party as soon as possible…”
    • “…in the event of a technical failure of the charging station, ChargeNode will try to inform the responsible party as soon as possible…”

5 § Payment

• Card withdrawal changed from 28th of the month to 31st of the month at the latest.

‍

13 § Use of the Chargenode mobile application § C 1.1

• Clarification of service charge:
  
  • “When Users register their payment card, ChargeNode is tasked with collecting the charging fees and service fees incurred through the use of charging stations on behalf of partners. The service fee amounts to SEK 2 excluding VAT per monthly charge.”

1 § ChargeNode's charging service (the "Charging Service")

ChargeNode offers charging services at public and non-public charging stations owned by third parties. All charging stations are considered to be connected to ChargeNode’s network of charging stations.The provisions of these terms and conditions relating to the Charging Service and use of the ChargeNode app (i.e. purchase and payment of charging) apply to charging at the ChargeNode network of charging stations. Charging stations that are part of the ChargeNode network are clearly marked with the ChargeNode logo.

2 § ChargeNodes App

In order to gain access to the Charging Service and to be able to use ChargeNode’s charging stations, the User needs to download and register in ChargeNode’s App. The app can be downloaded via www.chargenode.eu/en/charge

‍ChargeNode may carry out the usual credit check of Users.The app is only valid at the charging stations included in ChargeNode’s network. The network includes public and non-public charging stations. Each app is entitled to charge at the public charging stations, but may be restricted at non-public locations depending on the charging station owner’s settings.The cost of each charging session is registered to the app holder. In other words, use of the Charging Service is deemed at all times to be an acknowledgement of charging and the conclusion of a contract for the purchase of charging between the User and ChargeNode or charging station owners connected to ChargeNode.Users undertake to keep their username and password confidential so that unauthorized persons do not gain access to them. If unauthorized transactions have been made with the User’s user data, the User must report this to the police.

3 § Equipment and use of ChargeNodes charging stations

The user is responsible for providing, where necessary, a Mode 3 Type 2 cable for AC charging at stations with Mode 3 Type 2 sockets. Each charging station owner within the ChargeNode network is responsible for ensuring that the charging stations comply with applicable standards, laws and regulations. Charging capacity is dependent on several factors, such as the technical conditions of the electric vehicle, the charge level of the vehicle battery and the capacity of the charging station, whereby the component with the lowest capacity will be decisive for the power that the electric vehicle can absorb. ChargeNode cannot therefore guarantee that it will be possible to charge an electric vehicle within a maximum specified time limit or with a certain minimum power. Furthermore, charging ordered through ChargeNode’s app means that Users are placed in a charging queue, based on the need for charging and departure time. Depending on the load at any given time, Users cannot be guaranteed a certain amount of charging. However, Users will only pay for the charging received by the User. Instructions on how to use the ChargeNode charging stations are available on or near the charging stations.

4 § Accessibility

The charging service is available to the User around the clock, but in practice, the possibility of charging may be limited, for example, by the fact that certain charging stations are not accessible at certain times due to special restrictions. ChargeNode strives to ensure that charging stations in ChargeNode’s network are operational as far as possible. If the charging station should suffer technical faults, ChargeNode will try to notify the responsible party as soon as possible.ChargeNode reserves the right, without compensation to the User, to change, limit access to, or shut down the Charging Service or charging station for e.g. updates, maintenance and error correction or as a result of force majeure circumstances beyond ChargeNode’s control.

5 § Payment

Use of the Charging Service in the form of charging history is saved for the registered user account. The cost payable by the User is calculated on the basis of the charging history.Payment for completed charging is made in arrears by the 31st of the month. The User undertakes to ensure that there are sufficient funds on the credit or debit card when the charge falls due for payment. ChargeNode is entitled to continue to charge the fees, and to make new attempts to make the payment until payment is made. The User is liable to pay ChargeNode for all use of the Charging Service made with the User’s user account.The User is responsible for providing updated card details. See §12 for Use of the ChargeNode mobile application.If payment is not made on time, ChargeNode is entitled to demand interest from the User, in addition to the invoice amount, in accordance with the Interest Act (1975:635) from the due date stated in the invoice, as well as compensation for the costs associated with the delay. This also includes costs for written payment reminders and costs for enforcement of payment or other obligations.ChargeNode also has the right to suspend a User until further notice if the terms of payment are not fulfilled. (See also Section 9 Validity of the Agreement)

6 § Obligation to pay for the charging service.

Once the User has registered their means of payment, ChargeNode is entitled to charge the User for the charging service described in section 5. Users are not entitled to a refund for use of the Charging Service.

7 § Consumption data and personal data

ChargeNode will keep a charging history for each User (which includes, for example, information on the charging station used, electricity drawn, amount and time of use of the Charging Service.) The charging history is the basis for billing Users.Personal data and data related to the User’s use of the Charging Service and the charging stations will be processed and stored by ChargeNode, other group companies or ChargeNode’s partners in accordance with applicable law and to the extent necessary for the administration and performance of the agreement with the User and related services.The data collected will also be processed in connection with business and product development, statistics, market and User analyses and direct marketing (provided that the User has not notified ChargeNode that he or she objects to direct marketing). This processing is based on ChargeNode’s legitimate interest. The data collected is stored while you have an active contract with us and thereafter for the time necessary to finalize your contractual relationship with ChargeNode.Personal data is not normally disclosed to companies in countries outside the EU or EEA. If this does happen, ChargeNode will ensure that all legal requirements are met.Users can receive information free of charge once a year about how personal data relating to Users is processed. Users may also request that personal data that has not been processed in accordance with applicable legislation be corrected, blocked or deleted. Further information about personal data at ChargeNode can be found at www.chargenode.eu/privacypolicy

8 § Liability for errors etc.

ChargeNode is not liable for any damage arising from a lack of compatibility between the User’s car and the charging station, or because the User uses the Charging Service or charging station in contravention of the instructions and technical requirements in force at the time, which are set out in this agreement or which ChargeNode has otherwise made available to the User.
ChargeNode is not liable for indirect or consequential damage attributable to damage to the User’s property and which arises as a result of the User’s use of the Charging Service or charging station.

The User is not entitled to damages due to a charging station being closed or out of service.
The User is responsible for complying with all guidelines and requirements in accordance with the instructions issued by ChargeNode from time to time. This includes responsibility for ensuring that the electric vehicle used by the User in connection with the Charging Service meets all requirements for charging.
The User is also responsible for ensuring that the User’s user account cannot be exploited or used by unauthorized persons.
ChargeNode reserves the right to block the user account with immediate effect if there is a risk of unsafe use, suspicion of unauthorized use or a risk that the User will not fulfil its obligations to ChargeNode.

9 § Transfer of contract

Users acknowledge that ChargeNode may, on unchanged terms and conditions, transfer its rights and obligations under this agreement in whole or in part to another company within the same group or to another party that can reasonably be expected to perform its obligations under the agreement in a satisfactory manner.Users are not entitled to transfer or assign their rights or obligations under the agreement in whole or in part to another party.

10 § Validity of the agreement

These terms and conditions apply until further notice. ChargeNode is entitled to terminate this agreement with immediate effect if the User breaches these terms and conditions or uses the Charging Service or a charging station in such a way that it causes inconvenience or damage to ChargeNode.

11 § Amendment of conditions

ChargeNode is entitled to amend these terms and conditions provided that the User is notified of the amendment via the App or by email at least 14 days before the amendment comes into force. In such cases, the User shall be deemed to have been notified two days after the email was sent or the update was communicated in the app.

12 § Dispute

Disputes concerning the application or interpretation of the agreement or related issues shall primarily be resolved by negotiation and agreement between the parties. Any dispute shall be settled by a general court, whereby Swedish law shall apply. Disputes may also be reviewed by the General Complaints Board.

13 § Use of the Chargenode mobile application

ChargeNode offers a mobile application that enables Users to find stations and pay for charging at ChargeNode charging stations. ChargeNode reserves the right to shut down the ChargeNode mobile application at any time, without compensation to Users. Users are not entitled to damages due to the mobile application ChargeNode being out of operation.

§ A Function and use of ChargeNode payment solution

1. 1. Charging with ChargeNode: Users can start and stop charging by using the corresponding Smartphone application – whereby a prior registration is required according to § 3.
   2. Charging fees: Charging fees are based on the cost structure of the respective partner. Users can find information about this, whether and through which partner charging fees are incurred, as well as the respective level of these charging fees, on the internet platform of the respective partner.

§ B Registration of payment cards

1. 1. The data listed below is required for the registration of payment cards and is needed for the payment of the charging fees arising from use at charging stations and any service fees. For the registration of payment cards, the following data is necessary:
      
      • E-mail address for receipt.
      • Indication of the method of payment.
      • First name of payment card holder.
      • Last name of payment card holder.
      • Payment card number.
      • Payment card control number.
      • Validity date.
   2. The payment of the charge is made via the payment card indicated by the User in the registration procedure.

§ C Obligation to pay charging fees and service charges.

1. 1. User’s payment obligation: When Users register their payment card, ChargeNode is tasked with collecting the charging fees and service fees incurred through the use of charging stations on behalf of its partners. The service fee amounts to SEK 2 excluding VAT per monthly charge. A recourse by the User as a result of objections or complaints with regard to the services received is excluded after the time limit according to §C 3.
   2. Receipt management: users can choose to have a receipt sent to the e-mail address registered in the app.
   3. Objections to the charge must be submitted by Users within eight weeks of the charge being made to hej@dev.chargenode.eu. Users’ legal claims remain unaffected by this.

§ D Data protection

1. 1. Users give their explicit consent to the storage and processing of their personal data by automated means. Users can withdraw their consent at any time with effect for the future. Use of ChargeNode is then no longer possible.
   2. ChargeNode ensures the confidentiality of data processing in accordance with the provisions of the Data Protection Act and is subject to checks by the country’s data protection authorities.
   3. The data is used for the purpose of charging Users by registered payment card.

§ G Amendments or additions to the General Terms and Conditions

1. 1. ChargeNode will offer Users changes to the General Terms and Conditions in writing at least 14 days before they come into force. If the User does not object by the time the changes come into force, the consent given will apply.
   2. Users are also entitled to terminate the user agreement before any changes take effect without notice and free of charge. ChargeNode will also inform the User in particular of this right of termination.

14 § Contact details

Charge Node Europé AB, organisationsnummer 559188-1130

Neongatan 4B
431 53 Mölndal
Sweden

Email: hej@chargenode.eu
Phone: 010-205 10 55