Általános szerződési feltételek

Valid from 11 May 2020.
Version: 13 November 2023.

1. Introduction

The General Terms and Conditions of Service ("GTC") contain the general terms and conditions for the use of the electric vehicle charging equipment and the electromobility service operated by evDirect Ltd. as a service provider ("Service Provider"). Please only use our services if you agree to all of its points and consider them binding on you. This document is not filed, is concluded in electronic form only (it does not constitute a written contract) and does not refer to a code of conduct.

1.2. Service Provider Data

Name: 101 ev Grid (hereinafter "GRID")
Headquarters: 1103 Budapest, Gyömrői út 101.
Contact details and regular e-mail address for contacting users: info@evdirect.hu
Company registration number: 01-09-354544
Tax identification number: 27333994-2-42
Name of registering authority: Fővárosi Törvényszék Cégbírósága
Phone number: +36 20 288 2545
Original language of the contract: Hungarian
Details of the hosting provider: Lautuscline Bt.

1.3. Concepts

"GTC": means these General Terms and Conditions for the provision of electromobility services and the operation of electric charging equipment, which shall be considered as general terms and conditions within the meaning of Section 6:77 of Act V of 2013 on the Civil Code. These General Terms and Conditions form an integral part of all contracts for the use of the Service.

"Charger" means a charging device used for the purpose of charging the energy storage of electric or plug-in hybrid motor vehicles operated by EVD on private or public property accessible to the public, and the tools and equipment necessary to operate such charging devices.

"Electromobility Service Provider" means the EVD that provides the Electromobility Service to the Electromobility User as set out in these GTC.

"Electric Charging Equipment Operator": an EVD who, holding an operating licence, operates, technically operates and maintains the public charging equipment as intended, provides electromobility services to electromobility users and ensures the technical conditions for the provision of electromobility services.

"Parties" means GRID and Customer.

"User": a customer using the electromobility service who, under these GTC, charges the energy storage of his/her electric or rechargeable hybrid vehicle for fuel purposes using EVD's electric charging equipment and uses EVD's services provided via the internet or app.

"Reservation limit": the amount chosen by the Customer, which will be pre-debited from the Customer's Bank Card as a security for the reservation, before the start of the electricity consumption with the Website, based on the authorisation given on the Website. If the electricity charge reaches the Reservation Limit, the charging process stops. If at the end of the charging process the calculated Charge is lower than the Reservation Limit, the Bank Card will be debited with the calculated Charge.

"Charging unit": 1 kWh and 1 minute charging time.

"Unit of account": each 1 kWh of electricity charge started and each 1 minute of time started.

"Tariff": the tariff published on the EVD website, which is the tariff for electricity for fuel purposes purchased at the Charger. The Charge may consist of a Base Charge, a kWh Charge and a Percentage Charge.

"Intellectual property": all software, data, copyright, trademarks, service marks, and any rights (whether registered or unregistered) in any product designs, trade names or certification marks, geographical indications, registered names, domain names, trade names or any other designations of origin, goodwill associated with any of the foregoing, and the registration thereof in any jurisdiction or the filing of any application for registration, including any extension, modification or renewal thereof. Rights to inventions, discoveries and original concepts, whether or not protectable in any jurisdiction, and patents, applications for patents and claims for renewal, extension or confirmation of patents applied for in any jurisdiction, including non-public information, trade secrets, know-how, chemical compositions, processes, procedures, processes, research results, inventions, inventions notes, test results, market research, software and confidential information, whether or not protectable, in any jurisdiction, and the right to restrict the use or disclosure thereof by the person entitled in any jurisdiction. Writings and other works, whether or not protected by copyright in any jurisdiction, and any renewals, extensions, and other rights, licences and similar intellectual property, or rights thereto.

"Service" means the electromobility service provided by EVD through the Charger, which is used by the User to charge the electricity storage of an electrically powered vehicle.

"Product": fuel-electricity

"External Service Provider" means an individual or legal entity that acts on behalf of and for the benefit of EVD in the provision of a Service.

"Force Majeure" means any unforeseeable external circumstance beyond the control of the Parties, including but not limited to war, earthquake, flood, epidemic, fire, terrorist act, UFO and nuclear attack, zombie apocalypse, which is beyond the control of the Parties and directly prevents the Party from performing its obligations under the Contract.

"Website": official website of GRID: http://evdirect.hu/

"Application" means the 101 GRID mobile app available for free download from the Google Play Store and the Apple AppStore

2. General provisions

2.1 The purpose of these GTC is to set out the main legal terms and conditions between the TOU and the User in relation to the use of the Service.

2.2 The provisions of these GTCs have been determined taking into account the provisions of Act LXXXVI of 2007 on Electricity (VET), Government Decree 273/2007 (X. 19.) on the implementation of certain provisions of Act LXXXVI of 2007 on Electricity (VET Vhr.) and Government Decree 243/2019 (X. 22.) on certain issues of electromobility services.

2.3. The personal scope of these GTC shall cover the User, the EVD and the External Service Provider.

2.4 The Charger may only be operated by private persons holding a valid driving licence.

2.5.GTC are effective from the date of adoption until revoked.

2.6 By entering the parking space associated with the GRID Charger or by starting to charge on the GRID Charger and by accessing the GRID Website or Application, the User accepts the provisions of these GTC.

2.7 The parking space for the GRID Charger must be reserved for the sole purpose of using the GRID Service.

2.8 In the event of an irregular reservation of a parking space in the Charger's parking area after 10 minutes, the EVD is entitled to charge a surcharge of HUF 120/minute, which will be invoiced to the operator of the vehicle that reserved the unauthorised parking space after the system has been activated.

2.9 Vehicles improperly occupying the Charger's parking area for more than 60 minutes will be removed at the owner's expense.

2.10. Rules on the sale of electricity for fuel purposes

3. Rules on the sale of electricity for fuel purposes

3.1 Electricity is sold on a per kWh and per minute basis. Upon completion of charging, the parking area adjacent to the charging post must be vacated immediately and cannot be used for parking.

3.2 For a detailed description of how to charge, please refer to the Website Guide. Brief instructions on the use of the charging post are provided in pictogram form on the charging post.

3.3. Detailed instructions on how to use the Website and the charging station can be found on the https://evdirect.hu/ website.

3.4 When starting the charging process, the charging pole to be used to receive the electric current and the type of arm to be used must be determined using the Website. When the charging is started, the Website will block the amount of the Reservation Limit selected by the Customer from the options offered on the Website on the Customer's credit card account. If this cover is not available, the Website will reject the request for charging . The blocking will last until the amount of the purchase of the fuel electricity has been settled. When the purchase of electricity is completed, payment is made using the Website, using the BARION settlement system, by debiting the credit card account provided. Only the amount of electricity purchased for fuel purposes will be deducted from the payment. If the amount of electricity purchased is less than the booking limit, the difference will be released on the credit card. The period of release varies from bank to bank. Both debiting and crediting of the credit card is done in real time. EVD will issue an EVD invoice for the amount of electricity purchased for fuel purposes, which will be sent electronically to the Customer's e-mail address provided during registration.

4. Liability of GRID and the Customer

4.1 EVD shall not be liable in any way if the Customer is unable to purchase electricity for fuel purposes at an EVD-operated electric charging station due to internet or mobile network failure, Website malfunction or electric charging station failure. EVD shall not be liable for any damage caused to the Customer as a result.

4.2 EVD shall not be liable to the Customer for any damages caused by the Website operator, the operator of the BARION clearing system or any other person operating the point of sale. The Customer may contact directly the above-mentioned persons with any claim for damages related to the use of the service.

4.3 EVD shall not be liable for any damage caused to third parties by the Customer using the service of the electric charging station by providing false information.

4.4 The Customer is fully responsible for ensuring that the information provided during registration for the use of the Website is his/her true and valid information.

4.5 When using the service of the electric charging station, the Customer shall comply with the instructions for use of the electric charging station, and the Customer shall be fully liable for any damage resulting from improper use or any other cause attributable to the Customer.

4.6 The charger complies with all Hungarian and international standards. EVD and the charger manufacturer Webshop Hungary Kft. will make every effort to ensure that the charger does not cause any damage to the Customer's vehicle. In case the charging process communication generates an error message in the vehicle system, the vehicle operator is responsible for clearing the error code. By using the charging service, the vehicle operator acknowledges this.

4.7. EVD will send a weekly charge request by email and/or SMS, for the charges made in the week preceding the day of sending the charge request. EVD will inform the Customer by weekly email/SMS of the charging fee payable, which the Customer will pay by bank transfer to the bank account number specified in the email or by credit card. The deadline for payment of the fee claim is 8 (eight) days from the date of issue.

4.8 EVD shall be entitled to send a payment notice by email, SMS or postal mail after the expiry of the payment deadline specified in clause 4.7, with a payment deadline of at least 8 (eight) days. In the event that the payment notice is unsuccessful, EVD shall be entitled to enforce the claim by means of a notarial order for payment. The start-up fee for the payment order is HUF 24 990 + 3% (min. HUF 8 000, max. HUF 300 000), payable by the Customer.

5. Dispute resolution

5.1 Any dispute arising between the Parties under or in connection with this Agreement, such as its conclusion, performance or termination, or any legal situation arising before or after the expiry of the term of this Agreement, shall be settled and resolved amicably by the Parties.

5.2 If the Parties are unable to reach an out-of-court settlement by mediation, they agree to submit the dispute to the jurisdiction of the Arbitration Court of the Hungarian Chamber of Commerce. The Arbitration Tribunal shall act in accordance with its own rules of procedure in a three-member panel. The language of the proceedings shall be Hungarian.

6. Language use

All notices and other communications relating to this Agreement may be given in Hungarian.

7. Partial validity

If one or another provision of this Agreement is found to be invalid or unenforceable, this fact shall not affect the validity of the remaining provisions of this Agreement. The Parties shall modify the relevant provision(s) of the Contract by negotiation in good faith and in such a manner as to reflect as closely as possible the original contractual intent of the Parties that entered into the Contract.