General Terms and Conditions
This document governs the terms and conditions (“General Conditions” or “Agreement“) applicable to all “BE CHARGE” online services (“Services” and, individually, “Service“) provided by BE CHARGE S.R.L. “BE CHARGE” to customers, meaning those who sign up for the Service in the manner indicated below. In order to access the Services, it will be necessary to register in advance as a customer of the Service (“Customer“) according to the indications of the following section “Registration and acceptance to the Service” accepting the General Conditions described below. The General Conditions will also be applicable to new Services that may be provided to Customers in the future, subject to their acceptance.
1. Object of the Agreement
The object of this Agreement is the supply of the following Services by means of the dedicated “BeCharge” app on smartphones:
- recharging of the electric vehicle at the public charging stations compatible with the Service, which the Customer can access through the dedicated “BeCharge” app or through the associated RFID card;
- display on map of the charging stations dedicated to electric vehicles compatible with the Service and provided by BE CHARGE;
- setting up favorite charging stations;
- booking of the socket for a predefined time interval prior to unlocking and starting the charging process on the selected charging station;
- display of the route to reach the selected charging station;
- releasing the single socket and starting the charging process on the selected charging station, also via the RFID card associated with the profile;
- monitoring of the top-up process;
- interruption of the recharging process using the dedicated button on the app or through the RFID card associated with the profile;
- notification of the conclusion of the top-up Service;
- purchase and association, of an RFID card to the profile;
- automatic payment of the fee for the Service, according to the methods shown in the Customer profile;
- display, in a dedicated section, of the history of the recharge sessions and the invoices received;
- subscription and modification of the tariff plan;
- change in the personal data and payment method associated with the profile;
- association of multiple profiles to the same account. Each profile will feature a dedicated tariff plan and / or a dedicated display of the charging stations it can access. The identification of special profiles takes place through the insertion of a unique code in the profile creation section of the app or website.
BE CHARGE reserves the right to activate some of the previous Services listed in this article 1 even after the signing of this Agreement.
2. Registration and acceptance to the Service
2.1. The access to the Service may take place:
(i) following the Customer’s registration through the “BE CHARGE” smartphone app. The instructions for registering and joining the Service are available in the “How it Works” section and for more details in the “Frequently Asked Questions” section both in the “BE CHARGE” app and on the BE CHARGE website. By completing the registration procedure and clicking on the “Accept” button, the Customer declares to have carefully read and expressly accepted these General Conditions;
(ii) without registration on the “BE CHARGE” app, entering only the data and the payment method during the Service provision phase. The instructions to access the Service without registering are available in the “How it Works” section and for more details in the “Frequently Asked Questions” section both in the “BE CHARGE” app and on the BE CHARGE website.
2.2. The activation of the Service is in any case subject to the positive outcome of the verification by BE CHARGE of the payment instrument selected during the subscription to the Service.
2.3. Acceptance of the Service is allowed only to those over 18 (eighteen) years old and individual VAT numbers.
2.4. Customers who wish to use the Service without registering may, only after entering the data necessary for payment and billing, use only the following Services:
- recharging the electric vehicle at the public charging stations compatible with the Service that the Customer can access through the dedicated app “BE CHARGE”;
- display on map of the charging stations dedicated to electric vehicles compatible with the Service provided by BE CHARGE.;
- display of the route to reach the selected charging station;
- unblocking the single socket and starting the charging process on the selected charging station;
- monitoring of the top-up process;
- interruption of the recharge process using the specific button on the app;
- notification of the conclusion of the top-up Service;
- automatic payment of the fee for the Service, with the consumption or time rate.
3. Obligations of the parties
3.1 The Customer, for each use of the Service and for the entire duration of the Agreement, has the obligation to comply with the provisions contained in these General Conditions.
3.2 BE CHARGE may at any time update, supplement or modify the Services covered by this Agreement. These changes will be communicated through publication on the website https://www.bec.energy/be-charge-app-termini-e-condizioni/ and by direct communication to the Customer at the e-mail address communicated by the same in the process of registration and acceptance to the Service. In any case, the Customer has the right to withdraw from this Agreement.
4. Duration, Withdrawal, Termination
4.1 This Agreement shall last for an indefinite period of time.
4.2 The Customer, following the acceptance, may in any case exercise the “right of reconsideration” within 14 days from acceptance to this Agreement. If the Customer benefits from the Services provided in this Agreement during the course of the “rethinking” terms and subsequently exercises the right of reconsideration, the costs relating to the use of the Services used up to the deactivation may be charged. The “right of reconsideration” may be exercised by the Customer by sending a communication to the email@example.com mailbox. The Customer will receive feedback on the operation of the “rethinking” by e-mail.
4.3 The Customer may withdraw from this Agreement by sending an account deactivation request, via a written communication to the dedicated firstname.lastname@example.org mailbox. BE CHARGE will deactivate the account within 10 (ten) days of receiving the email. In this case, the fees for the Services used up to the deactivation of the account will be invoiced to the Customer.
4.4 BE CHARGE will have the right to terminate this Agreement with immediate effect pursuant to art. 1456 of the civil code in the following cases:
(i) the Customer is in breach of its payment obligations; or,
(ii) the Customer uses the Service in violation of these General Conditions;
The withdrawal by the Customer, or the legal termination of this Agreement, entails the loss of Customer quality with relative deactivation of the account and automatic dissolution of the Agreement and of any consequential and connected relationship to the Service. The Customer will be charged for the use of the Services until the account has been deactivated.
5. Service and Ancillary Services Rates
5.1 Registration for the Service by the Customer is free.
5.2 The use of the charging service requires the payment of a fee, which is calculated using as a reference parameter the kWh taken from the charging station. This fee is all-inclusive and includes all costs related to the use of the Service and all taxes as to which the law provides the right of recourse except VAT. This fee is calculated according to the methods indicated below.
5.3 Different tariff plans are available, and the cost of the Service is calculated on the basis of the tariff plan selected. Access to the Services indicated in the paragraph “Object of the Agreement” is subject to the selection of one of the tariff plans indicated below.
To each profile associated with the Customer’s account it is possible to associate one of the following tariff plans:
– Tariff plan “on consumption”: at the end of each recharge session, the cost of the Service is calculated by multiplying the kWh used by the unit fee established for the Service. The fee could be different depending on the type of socket used and its updated value can be viewed in the BeCharge app. The invoice is issued and sent to the Customer at the end of each charging session. BE CHARGE will carry out a pre-authorization for an amount equal to 45€ (forty-five) before the starting of the session. The amount of the pre-authorization exceeding the amount to be paid for the recharge will be released at the same time as the payment for the recharge.
– tariff plan “Premium consumption”: at the end of each recharging session, the cost of the Service is calculated by multiplying the kWh used by the unit fee established for the Service. The fee could be different depending on the type of socket used and its updated value can be viewed in the BeCharge app. BE CHARGE will pre-authorize an amount of 45€ (forty-five) before the starting of the session. The amount of the pre-authorization exceeding the amount to be paid for the recharge will be released at the same time as the payment for the recharge. The invoice is issued and sent to the customer at the end of each charging session. The booking service is activated with the payment of an annual fee that gives access to the Service unlimited for one year from the date of subscription. The updated value of the annual fee can be viewed in the dedicated section of the app. At the end of the validity period (one year) the option is automatically deactivated. BE CHARGE will sent the invoice as the same time as the Customer will purchase the option. Always check on the App and on the web the charging stations compatible with the booking service.
– Tariff plan “monthly fee”: for a fixed monthly fee, the Customer can use the Service up to the maximum monthly threshold of kWh provided by the selected plan. If the Customer exceeds the maximum threshold set before the monthly renewal of the plan, the tariff will be automatically set “on consumption”. The monthly fee also includes unlimited access to the booking service and the access, at no additional cost, to all types of sockets. This tariff plan is activated at the time of subscription and is automatically renewed every month, on the same day. The updated value of the monthly kWh threshold and the monthly fee can be viewed in the dedicated section of the app and to the BE CHARGE website.
– Time tariff plan: at the end of each recharge session, the cost of the Service is calculated on the basis of the time the Service is used. The fee could be different depending on the type of socket used and its updated value can be viewed in the BeCharge app. The invoice is issued and sent to the Customer at the end of each charging session. BE CHARGE will carry out a pre-authorization for an amount equal to 45€ (forty-five) before the starting of the session. The amount of the pre-authorization exceeding the amount to be paid for the recharge will be released at the same time as the payment for the recharge.
The updated value of the monthly threshold of kWh and the monthly fee can be viewed in the dedicated section of the BeCharge app.
5.4 BE CHARGE can proceed at any time to update the tariff plans. Any change will be communicated to the Customer by means of publication on the BE CHARGE website and by direct communication to the Customer at the e-mail address communicated by the Customer when subscribing the Service. The changes will be effective from the beginning of the first month following the month in which BE CHARGE communicates them to the Customer. The Customer’s right to withdraw from the Contract remains unaffected.
The details of the tariff plans will be available in the appropriate section of the app, in the same sections the customer can change, for each profile associated with the account, at any time, the tariff plan without any cost or constraint.
With respect to each profile associated with the account, the Customer has the option of setting up a dedicated tariff plan.
The following describes how to change the tariff plans:
– From a “consumption” or “time” tariff plan to a “monthly fee” tariff plan: it takes effect in the 24 hours following the request;
– from a “monthly fee” tariff plan to another “monthly fee” tariff plan: it will be effective at the end of the month included in the monthly fee of the departure plan;
– From a ‘monthly fee’ plan to a ‘consumption’ or ‘time’ plan: will be effective at the end of the month included in the monthly fee of the departure plan.
5.5 The Customer will not be able to occupy the recharging socket and the relative parking area for more than 30 minutes after the moment in which the energy supply from the recharging socket ends. BE CHARGE may provide for additional charges if the occupation time of the charging socket and the related parking exceeds 30 minutes after the moment in which the energy supply from the charging socket ends.
6. Invoicing and payments
6.1 The invoice shall indicate the debits and/or any credits, specifying the relevant Services used. The invoice is issued in digital format and is sent to the e-mail address indicated during registration and stored in the “invoice history” section of the BeCharge app. The payment can be made through the app, the admissible payment methods (credit cards accepted, other payment systems) are indicated in the app in the section on payments. The amount due by the Customer to BE CHARGE is charged when the Service is terminated. The invoice will show the debits and/or any credits, specifying the relevant Services used.
6.2 The billing period varies according to the tariff plan selected as indicated below:
– Tariff plan “on consumption” or “on time”: the invoice is issued and sent to the Customer at the end of each recharge session;
– “Premium consumption”: the invoice is issued and sent at the time of purchase of the option, while for recharges it is issued at the end of each session;
– “monthly fee”: the invoice is issued and sent to the Customer on the day the plan is signed or renewed. The invoice includes both the fee for the reference period and any extra costs due to exceeding the monthly threshold in the month prior to renewal. The invoice is issued monthly, on the same day of each month.
6.3 The payment method is specific to each profile linked to the account. For all Customers, the payment method associated with their account when subscribing to the Service or the relevant profile is the normal method of payment for the Service.
In the event that the payment for the Service is unsuccessful, BE CHARGE will notify the Customer of the non-payment and will suspend the Service until the balance of the amount due has been paid.
6.4 BE CHARGE may terminate the Agreement in accordance with Article 1454 of the Italian Civil Code, subject to notice of default within a minimum period of 15 (fifteen) days, in the event of non-payment or partial payment and in the event of late payment of the amount due for even a single invoice.
6.5 BE CHARGE will suspend the Service on the first invoice issued but not paid. The Service and the invoicing will be reactivated upon payment of the outstanding invoice.
7. RFID card
The Customer has the right to purchase an RFID card in the appropriate section of the BeCharge app. The card allows the Customer to start and end the recharge following the tariff plan of the profile to which it has been associated. In order to be activated, the card must be associated with a Customer profile by the app.
8. Discount coupon
For the purposes of this provision, the definition of the following terms is provided below:
Coupon / Voucher: alphanumeric code provided occasionally by BeCharge, available online or via paper flyer, which allows access to an immediate discount scheme. The code must be entered by the Customer within the App. Each Coupon / Voucher has an expiration date and can be used only once.
Promotion: discount scheme applied automatically by BeCharge to a group of Customers.
Gift Card: alphanumeric code provided by BeCharge that allows the credit of a sum of euros that can be spent on electric recharging at the BeCharge EVC. The code must be entered by the Customer within the App and can be used only once.
(Coupon / Voucher, Promotion and Gift Card defined collectively as “Discount Tools”)
The customer can take advantage of special discount schemes through the assignment of Coupons / Vouchers, through the activation of a specific Promotion or, through the use of Gift Cards.
Discounts can be of different nature, by way of example only:
– service bags expressed in kWh;
– percentage discounts on the total recharge made;
– monetary discount on a specific recharge;
– discount in kWh on a specific recharge;
– discount in euros and / or kWh on several recharges made;
– other types of discount that will be communicated by BeCharge as appropriate.
Discounts can be activated with App by entering the relevant identification code in the dedicated section of your profile or payment method based on the characteristics of the Discount Instrument.
Without distinction between Coupon / Voucher, Promotion or Gift Card, the discount scheme applied by BeCharge will be subject to the following terms and / or conditions:
a) BeCharge reserves the right to cancel and / or modify the discount scheme relating to each Discount Instrument at any time;
b) unless otherwise indicated, Coupons / Vouchers cannot be combined with other Coupons / Vouchers;
c) unless otherwise indicated, the Promotions cannot be combined with other Promotions;
d) unless otherwise indicated, Gift Cards cannot be combined with other Gift Cards;
e) a single alphanumeric code can only be used once by the same account;
f) Coupons / Vouchers cannot be used beyond the expiration date;
g) a minimum charge may be required to take advantage of the discount;
h) the Coupon / Voucher, the Promotion and / or the Gift Card can only be used on the BeCharge App.
Some discounts may be subject to particular terms and / or conditions of use. In this case, all the details relating to the use of the specific discount will be reported in the information of the Discount Tool used (Coupon / Voucher, Promotion, Gift Card) available online.
9. Liability exemption
9.1 With the exception of cases of willful misconduct or gross negligence of BE CHARGE, BE CHARGE shall not be liable for direct or indirect of any kind of damages that the Customer or third party may suffer in any way as a result of the Service, which are not directly attributable to BE CHARGE, or for changes in the methods, times and/or conditions of provision of the Service, or as a result of the suspension, interruption or in any case unavailability of the Service itself depending on vehicles, technological equipment, telecommunications information systems and in any case attributable to third parties in general. Likewise, BE CHARGE shall not be liable for the failure to activate some of the Services pursuant to Article 1.
9.2 Furthermore, BE CHARGE is not liable for the total or partial non-fulfilment of the obligations undertaken, due to force majeure such as, by way of example but not limited to: acts of the State and the Public Administration, acts of the Public Authority, legal limitations, fires, floods, explosions, mobilizations, riots, strikes, industrial disturbances, lack of electricity, interruption of telephone lines, lack of fuel oil and others.
9.3 The Customer, in any case, expressly exonerates BE CHARGE from any liability for any damage of any kind suffered by the Customer and/or third parties in connection with the performance of the Agreement, not resulting from willful misconduct or gross negligence of BE CHARGE, but attributable to willful misconduct or gross negligence of the Customer.
9.4 BE CHARGE or the Customers may provide links to other sites or other resources of the Internet/Web network. The Customer acknowledges and accepts that BE CHARGE cannot be held liable in any way for the operation of external sites or resources. BE CHARGE is not obliged to control and does not control the content of such sites and assumes no liability for the content and/or material, including advertising, disseminated on such sites or external resources or for the products or services offered therein. Such products or services cannot be considered in any way sponsored, shared or supported by BE CHARGE and therefore the Customer assumes any liability for any purchase made of such products or services.
10. Prohibition of resale or commercial use of the Services
The Customer’s right to use the Services is personal and non-transferable. The Customer is prohibited from reselling or making any other commercial use of the Services without the written consent of BE CHARGE.
11.1 The Customer undertakes to use the Services exclusively for lawful purposes and permitted by the applicable laws in force, by customs and practices, by the rules of diligence, in any case without infringing the rights of any third party and paying particular attention to the rules of data protection, to the laws on the protection of intellectual and industrial property and the regulations on telecommunications. The Customer assumes full and exclusive responsibility for the content of messages and texts sent by him/her or on his/her behalf to third parties via the Services, acknowledging his/her sole liability and relieving BE CHARGE, as well as persons connected to it or controlled by it, its representatives, employees and any BE CHARGE partner, of any resulting claim for damages or recourse, and reimbursing BE CHARGE for any costs arising from claims or actions of third parties against him/her for damages caused by the Customer or by persons authorized by the Customer to use the Services.
11.2 In connection with the above, the Customer undertakes to immediately notify BE CHARGE at the e-mail address email@example.com of any unauthorized use by third parties of its account or any other breach of security of which it becomes aware, and in any event undertakes to indemnify and hold BE CHARGE harmless from any and all claims, including claims for damages, made and/or arising, directly or indirectly, from the aforementioned use or abuse by anyone.
12. Energy power supply level
12.1 The instantaneous energy power supply level that can be supplied by the charging sockets can reach a maximum equivalent to the value indicated in kW by the App (“Power Level“).
12.2 The maximum Power Level indicated by the App may not actually be delivered due to technical causes, as for example, being this list merely an example and not to be considered exhaustive, network congestion or other technical reasons relating to the vehicle, battery status, infrastructure charging or grid connection.
12.3 It is understood that BE CHARGE will not in any case be held liable for any Power Level supplies lower than Power Level, even though indicated or estimated by the App.
13. Processing of personal data
14. Intellectual property rights
The Customer expressly acknowledges that all intellectual property rights, which may be protected on the basis of copyright laws or other provisions, including, but not limited to, know-how, source code, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases and the like relating to the Services, data and other materials originating from BE CHARGE or otherwise made available to the Customer by BE CHARGE under the General Terms and Conditions are and shall remain the property of BE CHARGE and the entities of which BE CHARGE is the legitimate licensee. The Customer is not authorized to not copy, modify, sell, assign, license, confer, transfer to third parties or create derivative works from any right of BE CHARGE, nor allow third parties to do so through the Customer or its electronic device. The Customer acknowledges that all the contents (software, images, graphics, photographs, music, sound, video, text, data, etc.) of any promotional correspondence between the Customer and third parties who advertise their products through the “web mail” service, are protected by current regulations on copyright, trademarks, service marks, patents or other proprietary rights and laws. Some areas of the BeCharge app implement Google Maps mapping services including Google Maps application programming interfaces (APIs). Your use of Google Maps is subject to the terms and conditions of the services provided by Google Maps.
15. Applicable law and jurisdiction
15.1 These General Conditions are subject to current Italian law. This is without prejudice to the application to Customers who are also consumers within the meaning of the Consumer Code, as defined below, who do not have their habitual residence in Italy of any provisions that may be more favourable and mandatory under the law of the country in which they have their habitual residence.
15.2 In compliance with current regulations (Legislative Decree no. 206/2005 and subsequent amendments and additions – “Consumer Code“), in the case of a Customer who is also a consumer in the sense of the Consumer Code, for any dispute relating to the application, execution and interpretation of these General Conditions, the place of jurisdiction is the place where the Customer resides or has elected domicile. The Court of Milan is competent for all other cases.
16. Alternative dispute resolution
16.1 Pursuant to Article 141-sexies paragraph 3 of the Consumer Code, BE CHARGE informs the Customer that he is also a consumer within the meaning of the Consumer Code that, in the event he has submitted a complaint to BE CHARGE, following which, however, it has not been possible to resolve the dispute that has arisen, he may refer the resolution of the dispute amicably through conciliation to “RisolviOnline”, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan. For further information on the regulations of “RisolviOnline” or to send a request for conciliation, the Customer who is also a consumer in the sense of the Consumer Code can consult the website www.risolvionline.com.
16.2 As an alternative to the provisions of article 13.1 above, BE CHARGE also informs the Customer who is also a consumer within the meaning of the Consumer Code, that has been established a European platform for the online resolution of consumer disputes (the so-called ODR platform). The ODR platform is accessible at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR platform, the Customer who is also a consumer in the sense of the Consumer Code can consult the list of ADR entities, find the link to the site of each of them and initiate a procedure for online resolution of the dispute in which he is involved. The e-mail address of BE CHARGE to be indicated on the ODR platform is: [•]. [NOTA PER BEC: nelle condizioni pubblicate online è stato lasciato il blob e non è stato inserito l’indirizzo e-mail. È necessario provvedere il prima possibile]
16.3 The Customer, who is also a consumer within the meaning of the Consumer Code and resides in a member State of the European Union other than Italy, may also access, for any dispute relating to the application, execution and interpretation of these General Conditions, the European procedure established for small claims by Council Regulation (EC) No. 861/2007 of 11 July 2007.
16.4 Without prejudice to the rights of Customers who are also consumers within the meaning of the Consumer Code to bring any dispute arising from these General Conditions before the competent ordinary court, whatever the outcome of the out-of-court settlement procedure, and, if the conditions are met, to promote an out-of-court settlement of disputes, if necessary, by using the procedures set out in Part V, Title II-bis of the Consumer Code, under the heading “Out-of-court settlement of disputes”.
17. Assistance and Complaints
You can request information, send communications or submit complaints to BE CHARGE in the following ways:
(i) through the app, by accessing the Customer Service section;
(ii) by sending an email to firstname.lastname@example.org;
(iii) to the following telephone number, active 24h/24h: 0287119401.
BE CHARGE will reply to complaints by email within 5 working days from the date of the complaint.
18. Restrictive terms
The parties expressly declare that they accept the contents of Articles 2, 3, 4, 5, 6, 9, 11, 13, 14, 15, 16, 17, 18.
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