SOFTWARE ACCESS AGREEMENT
This agreement (hereinafter referred to as the «Agreement») is an agreement of accession, which is concluded between EVAN Limited Liability Company (hereinafter referred to as the «Contractor»), acting in accordance with the subject of this Agreement, and any person (hereinafter referred to as the «Client»), who intends to obtain access provided for by this Agreement, and confirms such intention by registering in the Contractor’s system, or logs into his account in the Contractor’s system, and therefore is considered to have read the provisions of the Agreement, accepts them and consents to the storage and processing of his personal data in connection with the provision of related services.
TERMS AND DEFINITIONS
Performed by EVAN LLC.
Client
– the individual or legal entity using the mobile application.
Software
– EVAN mobile application designed to work on smartphones, tablets and other mobile devices, with which you can pay for the services received and get additional information about the provision of services.
Partner
— service provider, owner of the charging station.
Website
– www.e-evan.com
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor under this Agreement provides access to use the software of the charger for electric vehicles (hereinafter — «Access»), and the Client is obliged to pay for such Access.
1.2. The Client undertakes to pay the Contractor for the execution of this Agreement by first depositing funds to the Client’s personal account in the Contractor’s system.
2. PAYMENT
2.1. Tariffs for access to the software of each charger are indicated in the Contractor’s mobile application.
2.2. Payment is made by depositing funds to the Client’s personal account in the Contractor’s system in the amount of at least 1000 AMD.
2.3. Upon direct receipt of Access under this Agreement, the Client debits funds from the Client’s personal account in the Contractor’s system in the amount of the cost determined subject to the provisions of clauses 2.1., 2.2. Agreement.
2.4. The Client’s funds received to the Contractor’s bank account and subsequently to the Client’s personal account in the Contractor’s system, are a subscription for further obtaining Accesses of this Agreement and are not subject to return to the Client under any conditions.
2.5. The Contractor is not obliged to fulfill the terms of this Agreement if the amount of funds on the Client’s personal account is less than 4000 AMD.
2.6. When paying, in compliance with the provisions of paragraphs 2.2., 2.3., 2.4. of the Agreement, the Client has the right to access this Agreement using free connectors of chargers for electric vehicles, information about which is available in the Contractor’s mobile application.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE CONTRACT
3.1. The client has the right: 3.1.1. receive from the Contractor complete and reliable information about the cost and procedure for the implementation of this Agreement in the Contractor’s mobile application; 3.1.2. make payment by depositing funds to the personal account in the Contractor’s system at any time.
3.2. The performer has the right: 3.2.1. introduce additional paid services or change the cost, amounts of funds established by paragraphs 2.1., 2.2. of the Agreement; 3.2.2. unilaterally amend the Agreement and post relevant information on the Contractor’s Website and / or in the Contractor’s mobile application; 3.2.3. store and process the personal data of the Client provided to the Contractor in the performance of this Agreement; 3.2.4. change the location of charging stations, their technical parameters, increase or decrease their number; 3.2.5. not to return the funds deposited to the Client’s personal account in the Contractor’s system; 3.2.6. suspend the fulfillment of the terms of this Agreement and, in the future, not fulfill their obligations to the Client who violates the terms of the Agreement, in particular, in terms of compliance with the obligations of the Client under clause 3.3. of the Agreement and / or did not pay the amount of penalties provided for in clause 5.5. of the Agreement.
3.3. The client is obliged: 3.3.1. when registering, provide the data requested in the application, indicate a reliable and up-to-date e-mail address and contact phone number; 3.3.2. not transfer the login and password assigned during registration to third parties, as well as ensure the safety and confidentiality of the login and password; 3.3.3. be present on the territory of the charging station and independently charge the electric vehicle, as well as correctly complete the charging of the electric vehicle by pressing the appropriate button in the mobile application; 3.3.4. immediately send information about the improper charging of the electric vehicle to the Contractor’s email address, or through the «feedback» function in the mobile application, including sending a photo / video and a description of the shortcomings; 3.3.5. make sure that the electric vehicle that is being charged at the charging station and any additional equipment that the Customer uses to charge his electric vehicle (including, for example, power converters, adapters or cables) are suitable for their purpose, are compatible with the charging station and comply with all applicable present legislative provisions; 3.3.6. immediately notify the Contractor if the user believes that the user’s account was used by an unauthorized person or in an unauthorized way, or in case of loss of a mobile device with an installed mobile application; 3.3.7. take care of the property that is used by the Client to directly obtain Access under this Agreement; 3.3.8. not to disseminate false information regarding the Contractor or the conditions for the implementation of this Agreement; 3.3.9. use the parking space immediately adjacent to the electric vehicle charger solely for its intended purpose — to accommodate an electric vehicle that is in a state of charging from such a charger.
3.4. The contractor is obliged: 3.4.1. provide the Client on the Contractor’s Website and / or in the Contractor’s mobile application with information about the current terms of the Agreement and the implementation of these conditions; 3.4.2. ensure the proper functioning of the support service within its technical capabilities.
4. CONFIDENTIAL INFORMATION
4.1. All information in any form belonging to the Contractor, namely personal data entered by the Client during registration and / or in the process of obtaining Access under this Agreement and using a mobile application, Website, or provided in any way by the Client to the Contractor and relates to the fulfillment of the terms of this Agreement (hereinafter — «Confidential Information») shall be treated as confidential. The Contractor guarantees that he makes every effort, taking into account the resources available to him for the storage of Confidential Information, and undertakes not to use the Confidential Information for any purpose other than ensuring the implementation of this Agreement. It is not considered a violation of the terms of this Agreement that the Contractor uses Confidential Information to carry out newsletters independently and / or with the involvement of third parties. The Contractor has the right to disclose Confidential Information only under the conditions specified by law and / or in the interests of national security, economic well-being and human rights.
4.2. The Client, agreeing to the terms of this Agreement, agrees to the processing of his personal data.
4.3. The Client will not publish or notify for publication any information relating to this Agreement, or which mentions the Contractor or implies the name of the Contractor, its subsidiaries or related companies, or their respective employees, fiduciaries, officers or representatives or trading or brand names of the Contractor or its subsidiaries or related companies without obtaining the prior written consent of the Contractor.
5. RESPONSIBILITY
5.1. The client is responsible for: 5.1.1. the correct charging process, including the compatibility of the charging station and the electric vehicle being charged. In addition, the Customer must not use charging stations that display an error message or have visible defects or damage; 5.1.2. compliance with the rules for charging electric vehicles, parking rules at charging stations and other instructions indicated at charging stations or received from Partner employees; 5.1.3. safety and confidentiality of the login and password from your account in the mobile application.
5.2. The Contractor is not responsible for: 5.2.1. continuous availability and performance of the mobile application and the Website. 5.2.2. temporary suspension of services for ordering payment in a mobile application by certain partners (banks and payment systems providing services); 5.2.3. consequences of loss or theft of the Client’s mobile device and its misuse by another person; 5.2.4. any delay or failure to perform its obligations if such delay or failure was due to force majeure; 5.2.5. any consequential loss or damage, such as loss of income or damage to the relationship between the Client and third parties, except for liability under applicable law.
5.3. Due to the fact that the Contractor’s mobile application provides information about the Partners, the possibility of ordering the Partner’s services, the Contractor is not responsible for: 5.3.1. ensuring the operation and maintenance of charging stations of Partners; 5.3.2. the accuracy of the information provided by the Partners about their charging stations; 5.3.3. functionality or availability of charging stations. However, the Contractor acts with due care when compiling and displaying relevant information for Clients;
5.4. The Contractor and the Partners are not responsible if the improper quality of charging or any damage to the Client’s property is caused by a defect in the electric vehicle or tools and additional equipment used in the charging process.
5.5. The Contractor has the right to determine the amount of penalties payable by the Client in the event that the Client commits the following violations: 5.5.1. negligent attitude to property that is used by the Client to directly obtain Access under this Agreement; 5.5.2. intentional damage to property used by the Client to directly obtain Access under this Agreement; 5.5.3. dissemination of false information about the Contractor or about the process of implementation of this Agreement; 5.5.4. disclosure of Confidential Information.
5.6. After revealing the fact that the Client has committed violations specified in clause 5.5. of the Agreement, the Contractor in each particular case determines the amount of penalties payable by the Client for such a violation, and informs the Client in writing (by e-mail).
5.7. Upon payment of the amount of penalties provided for in clause 5.5. of the Agreement, the Contractor may continue to fulfill the terms of this Agreement.
5.8. In case of violation by the Client of the obligation established by clause 3.3.9. of the Agreement, the Contractor has the right to suspend the fulfillment of the terms of this Agreement for its part for a period of 7 (seven) calendar days.
6. OTHER TERMS
6.1. Amendments to the Agreement come into force from the moment they are published as part of the text of the Agreement on the Contractor’s Website and in the Contractor’s mobile application.
6.2. In case of disagreement with the changes in the Agreement made by the Contractor, the Client must immediately (by sending a written message to the Contractor’s e-mail address: [email protected]) terminate this Agreement.
6.3. If the Client continues to receive Access under this Agreement, it is considered that he agreed with the changes previously made to the Agreement.
6.4. This Agreement is valid from the moment the Client registers in the Contractor’s system or the Client logs into his account in the Contractor’s system as a registered user, which will be regarded as the Client’s implicit action aimed at concluding and signing this Agreement.
6.5. The contract is concluded for a period of one year.
6.6. If one month before the expiration of the Agreement, the Client or the Contractor does not notify the other party to the Agreement in writing of its termination, the Agreement shall be deemed extended for a period of one year.