Between: MobilityPlus BV, with its registered office at Raymonde De Larochelaan 56/2-3, 9051 Sint-Denijs-Westrem, Crossroads Bank for Enterprises no. 0649.979.281, duly represented by Jean-François Cheyns,
AND
the aforementioned client
Agree as follows:
1. Client responsibilities
1.1 Communication with users of the charging points
The client is responsible for communicating the change in power management to all users. This communication must clearly state that the power will be managed by the client as of a particular date, and no longer by MobilityPlus.
The client must also clearly indicate on the charging point itself that it is responsible for power management. If any questions are received on the subject, MobilityPlus will forward them to the client.
All parties must comply with the regulatory framework, such as the AFIR and GDPR, at all times. These regulations require payment options and price information to be shown on the charging point screens, or on the payment terminals. At the time of writing, there is an on-screen QR code provided on the site.
1.2 Overview of charging points and car parks
At the bottom of this agreement, the client shall list the charging locations to which this contract applies.
1.3 Contacts at locations
At the bottom of this agreement, the client shall provide the contact details for the contact person at each charging location.
1.4 Service level agreements and timelines
The client is responsible for the service levels and the response time in the event of issues with the power management.
1.5 Liability for disruptions and complaints
The client assumes liability should MobilityPlus receive an increased number of reports regarding power management or problems with charging, such as:
complaints or comments from drivers regarding the charging session, the charging speed or the power charged.
situations not directly linked to power that nevertheless affect the functioning of the ecosystem, which would otherwise also be among MobilityPlus’ responsibilities.
1.6 Risks relating to cybersecurity and access to charging points
Along with the transfer of the IP addresses, the risk of a potential cyberattack ensuing from the communication
between the charging points, the external energy management system and the cloud, is also transferred to the client. The client acknowledges and accepts this risk.
The client will also have full access to the settings for the charging points. The client confirms that it shall only
use the settings relating to the EMS (Energy Management System). If the client changes any other settings without permission, the costs for remedying this and any associated additional costs for service and/or support, which – as such – fall outside the scope of our current SLA, shall be charged to the client, where applicable with retroactive effect.
1.7 Liability for consequential damage
The client acknowledges that the liability for consequential damage to charging points and/or electric vehicles (EVs) resulting from faulty management passes to the client following the transfer of control of the power management to the client. This includes all damage directly or indirectly related to the change in management or operation of the charging points.
2. Responsibility of MobilityPlus
2.1 Agreeing the time of transfer
MobilityPlus will agree a clear time of transfer with the client, at which point the power management will be
transferred to the client. This time of transfer must be documented, and from that time on, MobilityPlus will stop controlling the power. MobilityPlus shall ensure that all charging points that are no longer controlled are deleted from the EMS (Energy Management System).
2.2 Remote technical support
MobilityPlus will attempt to resolve technical support tickets remotely. If a power issue is detected remotely,
MobilityPlus will escalate it to the client using the pre-agreed escalation route. MobilityPlus will send these tickets to the client with a note stating that it is the client’s responsibility.
In the event of power issues, all on-site support is the client’s responsibility. If the client so requests, MobilityPlus
may also provide such support and charge the client for it. If the problem is not resolved within the agreed time (e.g. within days or hours), MobilityPlus will escalate the matter directly to the client.
2.3 Guidelines for the client’s implementation of solutions
MobilityPlus will set out guidelines to inform the client of which matters it can resolve, and which problems the
client can opt to be billed for (hours and parts) by MobilityPlus.
The call-out charge, including one hour’s labour, is €240. If the work takes longer than 1 hour, €45 will be charged for every 30 minutes. Parts are charged for based on MobilityPlus’ list price.
3. Miscellaneous
3.1 Amendments and updates
This document may be amended as agreed between the client and MobilityPlus. All amendments must be made in writing.
3.2 Disputes
In the event of a dispute about the implementation of this document, MobilityPlus and the client will attempt to
mediate. If no resolution is reached, the dispute will be submitted to a competent court.
