General Terms and Conditions of Business and Use of Enterprise Charging Network

1. Enterprise Charging Network

In accordance with these General Terms and Conditions of Business and Use ("GTC"), under the name "Enterprise Charging Network", Digital Charging Solutions GmbH ("DCS"), Rosenstraße 18-19, 10178 Berlin, Germany, and Siemens Aktiengesellschaft, Werner-von-Siemens-Str. 1, 80333 München (“Siemens”) provides the driver (m/f/x) with information services and access technology to the charging infrastructure for electric and plug-in hybrid vehicles as well as services for using a network of charging stations for electric and hybrid vehicles. This service is offered in the context of a cooperation in the field of eMobility. In addition, Enterprise Charging Network allows for settling charging processes in cooperation with Siemens as the fleet provider. To use the Enterprise Charging Network service, the driver must be registered in the "Enterprise Charging Network” App ("App").
The current version of these GTC can be viewed, saved and printed out on the website https://https://chargenowforbusiness.com/web/en/enterprisechargingnetwork-gb/terms-and-conditions or in the App. Amendments to these GTC, to a Enterprise Charging Network contract concluded based on these GTC, as well as any changes to the tariff due to changes in the law, changes in case law or in market conditions shall be communicated to the driver in text form via the e-mail address provided by the driver pursuant to section 2.2, with express reference to the relevant changes. They shall become part of the contract, unless the driver objects within one month of receipt of the notification with DCS. DCS shall notify the driver of said legal consequence at the start of the period.
DCS cooperates with charging station operators (hereinafter: "business partners"), which the driver may use as part of Enterprise Charging Network. These charging stations of business partners are displayed - inter alia - via the App and are specially marked to distinguish them from other charging stations that are not part of the Enterprise Charging Network. In some cases it is necessary to log in to password-protected areas to be able to access this information.
The services of Enterprise Charging Network include:
1. display of the charging stations of business partners (as static information) and of certain information on the use of such charging stations (e.g. availability and prices) in the App. This information is subject to the restrictions of section 5.4;
2. charging at charging stations of business partners after authentication (cf. section 6.1);
3. settlement of charging processes in cooperation with Siemens.
The App describes the Enterprise Charging Network services and their use.
Nationwide coverage with charging and settlement solutions conforming to calibration law by charging point operators is currently not guaranteed in Germany. DCS uses the data provided by the charging point operators. This may in individual cases, lead e.g. to deviations in the charging and settlement amount.

2. Contract conclusion and order

The driver can currently register in the App for the services of Enterprise Charging Network. The version of the GTC for Enterprise Charging Network shall apply which the driver has agreed to upon conclusion of the contract (as well as any amendments according to section 1.2).
The use of Enterprise Charging Network requires the driver's registration in the App with their first and last name and e-mail address. Further information on the processing of personal data is provided in the Information on Data Protection – Enterprise Charging Network. This data may also be rectified or updated subsequently in the App or via the fleet provider. The driver will receive the access data (such as card number and a contract number) from Siemens for registration, and must then enter their e-mail address when registering in the App.
All information provided in the Enterprise Charging Network driver's area, such as name and e-mail address, shall be secured using modern encryption techniques such as e.g. the SSL protocol (Secure Sockets Layer Protocol).
Payment for Enterprise Charging Network services is generally made by Siemens in accordance with the existing agreement between Siemens and the driver.
Offer and conclusion of a Enterprise Charging Network contract
1. DCS offers drivers the Enterprise Charging Network in cooperation with Siemens. Drivers who have received a card number from Siemens as well as an Electric Vehicle Contract Identifier ("EVCO-ID"), who have registered for the Enterprise Charging Network and agreed to the validity of the General Terms and Conditions, can use the Enterprise Charging Network.
2. The driver may rectify input errors by clicking on the "Back" button during the registration process and rectifying the entry.
3. After completion of the process of registering with Enterprise Charging Network, the driver shall receive an e-mail confirming the registration, the GTC as well as instructions on the right of withdrawal (see section 2.7).
4. The Enterprise Charging Network contract shall come into effect upon completion of the registration process.
Languages
The contract shall be concluded in English. Any translations of these GTC into other languages shall not be binding.
Consumer right of withdrawal
Provided that the driver is a consumer, he has a right to withdraw from this contract within fourteen days. A consumer is every natural person who concludes a legal transaction for purposes that predominantly are outside his trade, business or profession .
In the following, the driver will be instructed about their right of withdrawal:
Right of withdrawal
You may withdraw from this contract within fourteen days without stating reasons. The withdrawal period shall be fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Digital Charging Solutions GmbH, Mies-van-der-Rohe-Straße 6, 80807 Munich, Germany, Tel: +49 89 12089311, e-mail: fleet@digitalchargingsolutions.com) by means of an unequivocal statement (e.g. postal letter, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed withdrawal form template (annex 1), which however, is optional. To observe the withdrawal period, it suffices to mail the notification regarding your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, the existing contractual relationship between DCS and you expires and you may no longer use the services of Enterprise Charging Network.
End of instruction on the right of withdrawal

3. Enterprise Charging Network card: Activating and deactivating the Enterprise Charging Network card

Insofar as the use of Enterprise Charging Network requires the activation of the Enterprise Charging Network card or RFID card (hereinafter "Enterprise Charging Network card") or a combination of a card number and contract number, the provisions of this section 3 shall apply. If the driver already has an Enterprise Charging Network-card, they may activate it directly as part of their registration. Otherwise, the driver shall receive an Enterprise Charging Network-card for activation from Siemens. The Enterprise Charging Network card shall be activated in the App by entering the card number and confirmation. The driver shall then receive a confirmation e-mail. Activation of the Enterprise Charging Network card may take up to 24 hours.
At some charging stations, authentication is possible only with the App which is available from the Apple Inc. App Store or the Google Play Store and which contains a QR code reader. Authentication with the App requires login with the login data.
The Enterprise Charging Network-card shall remain the property of Siemens. The driver must keep the Enterprise Charging Network card at a safe place. If the card is lost, the driver must notify Siemens without undue delay.

4. Contract term and validity

The contract for Enterprise Charging Network shall have an indefinite term and may be terminated by either party with one month's notice, effective from the end of each month. Notice of termination may be given in writing or by e-mail; the right to terminate without notice for a compelling reason shall remain unaffected. The contractual relationship between DCS and Siemens shall also remain unaffected.

5. Use and availability of Enterprise Charging Network

The driver may obtain information on Enterprise Charging Network and on technical details of use and availability from the App. DCS shall provide the Enterprise Charging Network services in the driver's home country as well as in other countries in accordance with the international roaming regulations in section 7.
To be able to use Enterprise Charging Network in the best possible way, the App must be available on a suitable smartphone and the driver must log in with their login data.
DCS aims to further expand access and use of public charging infrastructure and to extend the circle of business partners. However, the driver shall not have any claim to the availability (functional capacity, availability of electricity, full charge) of or access to specific charging facilities. There furthermore shall be no claim to maintaining the charging infrastructure of the business Partners without any change.
The static and dynamic information displayed via the App (cf. section 1.4 a), in particular the information on the charging stations and their availability, is subject to section 5.5 and supplied without liability as to its currency and correctness. The driver acknowledges in particular that such information is provided by third parties (e.g. the business partners). Notwithstanding the above, DCS shall randomly verify that the information is up to date and carry out quality checks so as to continuously enhance the service. The currency of data furthermore depends on the reception and transmission range of the radio stations operated by the respective network operator and may be affected by atmospheric or topographical conditions, the position of the vehicle as well as obstacles (e.g. bridges and buildings).
In some countries tariffs apply where the usage-based charges payable for a charging process may vary depending on the respective charging station (cf. section 7).
The Enterprise Charging Network services offered under these GTC may be used only for charging vehicles specified by Siemens. The charging of other vehicles shall entitle DCS to terminate without notice for compelling reasons according to section 4.1.
The driver must strictly comply with the operating instructions for the vehicle to be charged as well as for any accessories used (e.g. charging cables) and with any terms of use of business partners regarding the use of the charging points which are displayed on the charging points. The use of charging cables or other accessories which are (i) not certified according to pertinent regulations (e.g. CE marking), (ii) not approved for the respective vehicle or charging point according to the information posted there, or (iii) damaged, is prohibited.
Charging points which display an error message or show obvious defects or damage must not be used. The driver is instead requested to notify technical support (see contact details under section 8).
The driver shall be liable in accordance with the statutory provisions for any damage caused culpably through misuse or improper use of the Enterprise Charging Network card or App as a means of authentication or through misuse or improper charging processes.

6. Charging process and authentication; maximum charging and standing time; faults

Authentication at the charging stations of the business partners shall generally be done by way of the Enterprise Charging Network card. At some charging stations, authentication may also or only possible with the App. This shall apply in particular to charging stations bearing an Intercharge symbol. The available authentication options for the respective charging station are displayed in the App.
Any continuous connection to a charging station must not exceed 24 hours for AC charging and 4 hours for DC charging (direct current charging) (maximum charging and standing time). The driver must vacate a public parking space once the charging process is completed or the maximum permitted parking time has been reached. Costs incurred because the maximum charging and/or standing time has been exceeded as well as any costs incurred by DCS for fine notices or for the use of towing services, for example due to illegal parking, shall be charged to the driver or to the fleet provider.
The driver is aware that faults at the charging stations may occur due to force majeure, including strikes, lock-outs and regulatory orders as well as due to technical and other measures that may be required, for example at the facilities, for proper operation or enhancement of the services (e.g. maintenance, repair, system-related software updates). Malfunctions may also result from short-term capacity constraints due to peak loads.
If interruptions of or irregularities in the electricity supply are consequences of faulty network operation, including the network connection, DCS shall be released from its performance obligation. This shall not apply if DCS interrupts the supply without justification. DCS shall be obliged to inform the drivers upon request without undue delay about the facts related to the cause of damage by the network operator to the extent that they are known to DCS or can be reasonably clarified by DCS.

7. International roaming

With the Enterprise Charging Network card or app activated on the basis of the Enterprise Charging Network contract, the driver can also use DCS services in countries other than the driver's home country. This depends in detail on the existing agreement between the driver and Siemens.

8. Contact details

For general inquiries about the product, questions about invoices, driver contracts or Enterprise Charging Network cards, as well as in case of technical faults, the driver shall primarily contact Siemens.

9. Warranty

The statutory warranty regulations shall apply.

10. Liability

In case of slight negligence, DCS shall be liable only for breach of material contractual obligations (cardinal obligations), such as those which the Enterprise Charging Network contract intends to impose on DCS in light of its content and purpose, or where proper performance of the Enterprise Charging Network contract is contingent upon the fulfillment of such obligations, and where the driver usually does and may rely on compliance. This liability shall be limited to the typical damage foreseeable at the time of contract conclusion.
The personal liability of legal representatives, vicarious agents and employees of DCS for damage caused by slight negligence shall also be limited to the extent described in the preceding paragraph.
The liability of DCS in case of fraudulent concealment of a defect, under the assumption of a guaranty or under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected. No limitations of liability shall apply in case of intent, gross negligence or of injury to life, body or health.
DCS is not the operator of the charging stations and is not liable as such. It is noted that there may be claims against the distribution network operator in the event of interruptions of or irregularities in the electricity supply, if they are the consequences of a disruption in the network operation, including the network connection; the driver may request DCS to assign to the driver any claims which DCS may have against the network operator in respect of damage.

11. Privacy statement

DCS takes the protection of personal data of drivers seriously and respects the privacy of users when processing personal data. DCS is responsible within the meaning of applicable data protection laws for the data processing via the App. For further information on data processing as well as on data protection and data security, reference is made to the Privacy Statement – Enterprise Charging Network.

12. Applicable law / place of jurisdiction / dispute resolution

The Enterprise Charging Network contract and any legal relationship based on these GTC shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). However, more favorable mandatory provisions of the law applicable at their habitual place of residence shall take precedence over German law in favor of a consumer.
Pursuant to Directive 2013/11/EU, the EU Commission is setting up an online platform for the online settlement of disputes between businesses and consumers. This is available at the following link: http://ec.europa.eu/consumers/odr. DCS will not take part in any dispute resolution proceedings before a consumer arbitration board and is not obligated to do so.

Status: May 2020

Annex 1: Cancellation form