TERMS AND CONDITIONS
Providing Charging Services and Others on the e-PowerUP! Platform in the Application.
I. General provisions
- This Regulation governing the provision of loading services and others on the e-PowerUp! platform and application – the terms of the end user agreement hereinafter referred to as the „Regulation” are published and applied by IT Control Sp. z o.o., 26-001 Masłów Pierwszy, ul. Lotnicza 40B NIP: 959-190-15-43 REGON: 260399377, District Court in Kielce, X Economic Department of the National Court Register 0000368110, email: biuro@it-control.pl, tel .: +48 41 310 71 00.
- This Regulation specifies the rules for concluding agreements between the Provider/Operator (DUL/OSL) and the Customer entitled to use the Services, namely KPE and/or WSL („End User”), as well as the provision of loading services and others by DUL/OSL on the PowerUp! platform and application, rules for the Consumer’s right to withdraw from the contract, as well as the procedure for handling complaints.
- Before concluding an agreement with DUL/OSL, the End User is obliged to familiarize themselves with the content of this Regulation, as well as the technical conditions that they are obliged to meet in order for DUL/OSL to provide services.
II. Definitions
Terms used in the Regulation mean:
- Aplikacja mobilna – aplikacja, która umożliwia korzystanie z usług świadMobile Application – an application that allows the use of services provided by the Charging Service Provider (CSP).
- Charging – the process of electrical energy consumption by:
- an electric vehicle, hybrid vehicle, zero-emission bus,
- or an internal combustion engine vehicle, scooter, bicycle, or bicycle cart, as defined by the Act of 20 June 1997 – Road Traffic Law, for the purpose of powering this vehicle.
- Civil Code – the Act of 23 April 1964, Civil Code (Journal of Laws of 2023, item 1285, as amended).
- KPE – Electric Vehicle Driver (End User), using the charging application, an internet portal for End Users, charging card, who is a natural person or another entity that enters into an Agreement with (CSP) for the purchase of Products and/or Services.
- CSP – Charging Service Provider (as defined in the Electromobility Act) operating at a publicly accessible charging station. The scope of the CSP’s activities is to provide access to the charging infrastructure network to enable the charging of Electric Vehicles. The CSP allows access through various means of identification, such as an application or charging card. Additionally, the CSP allows KPE to register via the application or portal for End Users in the e-PowerUp! system for identification, invoicing, and provision of charging services.
- OSL – Public Charging Station Operator (as defined in the Electromobility Act). The OSL is the operator (administrator) of one or more Charging Points. The OSL’s tasks include providing technical capabilities for conducting and processing charging transactions at one or more Charging Points.
- WSL – Charging Station Owner/Point Owner. The WSL receives remuneration or reimbursement of costs through the PowerUp! network for charging sessions executed by Electric Vehicle Drivers at their charging point, in accordance with the Agreement concluded with CSP. WSL may also refer to the End User – being OSL – holding legal title granted by WSL or by OSL of a specific charging station, enabling them to register the Charging Point in the e-PowerUp! network.
- CSP/OSL – IT Control Sp. z o.o. with headquarters in Masłów Pierwszy, ul. Lotnicza 40b, 26-001 Masłów, the Party of the Agreement with the End User and the Charging Service Provider for KPE and/or the party of the agreement for WSL. Only an adult person with full legal capacity can be an End User and a party to the Agreement.
- Electric Vehicle – a motor vehicle as defined in Art. 2, point 33 of the Act of 20 June 1997 – Road Traffic Law, using exclusively electric energy accumulated by connecting to an external power source for propulsion.
- Portal/Platform/Network – an IT environment that enables the CSP to provide services to Customers.
- Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom specific regulations grant legal capacity, conducting business or professional activities in their own name (Art. 431 of the Civil Code).
- Charging Point – a service point that enables the consumption of electrical energy by an Electric Vehicle for its voltage needs.
- Terms and Conditions – this document.
- Charging Station:
- a building structure comprising at least one normal power charging point or a high-power charging point associated with a building object, or
- a freestanding building structure with at least one normal power charging point or a high-power charging point equipped with software used to provide charging services, along with parking spaces corresponding to the number of charging points enabling the simultaneous provision of this service. Additionally, when the charging station is connected to the distribution network within the meaning of the Act of 10 April 1997 – Energy Law, installation leads from the charging point to the power connection.
- Agreement – a service provision agreement concluded between CSP/OSL and WSL and/or the End User KPE.
- Distance Contract – a contract concluded with a Consumer (KPE) within an organized system for concluding distance contracts, without the simultaneous physical presence of the parties, using one or more means of distance communication until the contract is concluded.
- Electromobility and Alternative Fuels Act – the Act of 11 January 2018 on electromobility and alternative fuels (Journal of Laws of 2023, item 1394, as amended).
- Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2021, item 2105, as amended).
- End User (Customer) KPE/WSL – a natural person, legal person, or organizational unit without legal personality that enters into an agreement with CSP/OSL.
III. Rules of Contract Conclusion and Termination
- An agreement between the Charging Service Provider (CSP) DUL and the End User KPE can be established in the following manner:
- By way of a written agreement concluded between DUL and the End User KPE.
- By registering the End User KPE on the DUL internet portal or through the charging application, with the End User obliged to accept these contract conditions before using any services provided by DUL.
- By the End User KPE accepting an offer from DUL, posted on the DUL internet portal or through the charging application, with the End User obliged to accept the terms of the agreement before using any services provided by DUL.
- The duration of the agreement between the Charging Service Provider (CSP) DUL and the End User KPE is determined by a written agreement or (in the absence of a written agreement) an offer from DUL accepted by the End User KPE on the DUL internet portal or through the charging application.
- Regardless of contractually stipulated rights, DUL may terminate the agreement with the End User KPE without stating a reason, observing a one-month notice period effective at the end of the calendar month.
- The End User, being a Consumer (irrespective of the right to withdraw from a distance contract), has the right to terminate the service agreement with DUL without stating a reason, observing a one-month notice period effective at the end of the calendar month.
- DUL has the right to terminate the agreement with the End User immediately in case of at least one of the following circumstances:
- If the execution of payment/automatic fee collection fails repeatedly, i.e., a minimum of 3 times, rendering it impossible.
- In the event of filing for bankruptcy, suspension of payments, debt restructuring, or the appointment of a court-appointed manager for the End User.
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- In case of improper use of the Charging Card/Charging Application.
- Outstanding payments exceeding thirty (30) days.
- nFailure by the End User to comply with the terms of the agreement or provisions of this Regulation.
- The declaration of termination of the agreement can be made in writing or electronically.
IV. Payment Terms
- The prices of services, terms, and payment deadlines are defined by the agreement concluded between DUL/OSL and the End User KPE/WSL.
- When the agreement is established through the End User’s registration on the DUL internet portal or via the charging application, or through the acceptance by the End User KPE of an offer from DUL posted on the DUL internet portal or through the charging application, the applicable prices and rates are those stated on the DUL internet portal or in the application at the time of service provision.
- In cases where the agreement is made through the registration of the End User on the DUL internet portal or via the charging application, or through the acceptance by the End User KPE of an offer from DUL posted on the DUL internet portal or through the charging application, the payment terms stated on the DUL internet portal or in the application at the time of service provision shall apply.
- Payment for the provided services occurs in accordance with the methods specified in the agreement. When the agreement is established through the End User’s registration (KPE) on the DUL internet portal or via the charging application, or through the acceptance by the End User KPE of an offer from DUL posted on the DUL internet portal or through the charging application, payment for services is made using the payment methods provided by DUL on the day of service provision (on the DUL internet portal or in the charging application).
- DUL has the right to unilaterally modify the prevailing prices and rates. DUL is obligated to inform the End User about the change in prices and rates by providing current information on the portal or through the charging application before commencing service provision. In the event that the End User is a consumer and has concluded a written agreement with DUL specifying service rates, notification of changes in prices and rates by DUL will be communicated through email.
- If the End User does not accept the changes in the prevailing prices and rates, they have the right to terminate the agreement before the effective date of the change.
- The notice period for terminating the agreement (as mentioned in paragraph 6 above) for consumers cannot be shorter than 14 days.
V. Service Execution Method
- DUL/OSL provides payable services to the End User KPE and/or WSL, such as:
- Charging services;
- Subscription-based hosting services;
- Charging cost settlement services at home;
- Roaming services;
- Servicing services.
- DUL/OSL is obliged to perform the services covered by the Agreement for the End User KPE and/or WSL. Specifically, DUL/OSL ensures the following functionalities:
- Remote management of Charging Stations (start, stop, restart of charging, remote diagnostics, basic fault troubleshooting possible to resolve remotely – if the Charging Station supports such management);
- Energy consumption reporting;
- Recording charging transactions;
- Log and event logging;
- Providing information about charging time and consumed energy;
- Data security, SSL encrypted connections;
- Dynamic charging energy management (if supported by the Charging Station);
- Remote initiation of vehicle charging by the system operator;
- Offline (deferred authorization) and online work modes;
- Remote station management (data input, report generation) through a web browser;
- Exporting data to external files;
- Remote handling of alarms and notifications;
- Hosting service;
- User interface available in Polish, English, Ukrainian, German;
- Communication via networks;
- Station status information: charging, station ready, kWh price, etc.;
- Technical support with alerts and error notifications;
- Station location along with their real-time status on Google Maps;
- Exporting station location data for navigation;
- Real-time station status interface for all charging points to EIPA for public stations;
- Load management in a local or specific group of charging points, if the charging stations support this feature.
- As part of the charging service, DUL ensures:
- Providing the e-PowerUp! Mobile Application for smartphones and other mobile devices to End Users of Public Charging Stations, available on the App Store and Google Play, enabling payments through a settlement account, payment operator, and/or directly by credit card (ad-hoc payments);
- Remote payment system management, OCPP 1.5 – 2.0 protocol;
- Local authorization using RFID cards and/or the Mobile Application;
- User information in the Mobile Application about the location and status of the charging terminal (free or occupied), information on the applicable tariff;
- Access to management options using an online dashboard in the Mobile Application to handle charging session transactions, payments, etc.;
- An automated settlement module;
- Remote support available for all charging station users during business hours (09:00-17:00 CET from Monday to Friday, except public holidays), in Polish language.
- The End User KPE and/or WSL are required to provide all necessary information promptly to ensure the proper fulfillment of contractual obligations by DUL/OSL. Specifically, the End User is obligated to provide the following information:
– End User’s identification details (name, address, or company name and registered office);
– Invoicing details for businesses (e.g., tax identification number, company registration number);
– Billing details necessary for payment authorization or automatic fee collection;
– End User’s email address;
– Identification details of the End User’s employees or individuals involved on the End User’s side or on their behalf in fulfilling the agreement with DUL – if this information is necessary for the agreement between DUL and the End User;
– Registration details of the End User’s electric vehicles – if this information is necessary for the agreement between DUL and the End User. - DUL/OSL is not liable for any damage caused by the End User providing incomplete or false information.
- The End User is obliged to comply with the prevailing laws, the provisions of the agreement concluded with DUL/OSL, and the provisions of this Regulation. The End User is also obligated to ensure that their employees and individuals involved on their side or on their behalf in fulfilling the agreement concluded with DUL/OSL comply with the aforementioned laws, provisions, and regulations.
- The End User is required to acquaint themselves with the technical requirements necessary for DUL/OSL to properly provide services. The technical requirements for the services rendered are available on the Portal or in the Application or on the DUL/OSL website.
- The End User, their employees, and other individuals involved on their side or on their behalf in fulfilling the agreement concluded with DUL/OSL do not have the authority to take any actions that in any way violate the terms of the agreement with DUL/OSL or the provisions of this Regulation. Specifically, it is prohibited to:
- Use DUL/OSL services in a way that disrupts the functioning of the Portal, Operator’s website, Application, or any of their elements;
- Use services provided by DUL/OSL for other End Users;
- Introduce unlawful, rights-infringing, or morally offensive content to the DUL/OSL website, User Profile, or Application, including malicious or tracking software;
- Disclose personal data of third parties without the End User’s authorization;
- Make modifications to the DUL/OSL website or other service elements provided by the Operator, decompile, adapt, translate code, or make any other changes to the software;
- Removing or modifying any security measures, as well as markings on the Portal, the DUL/OSL website, and in the Application, including trademarks or other designations contained therein;
- providing Services (including Accounts) to third parties for use under any title (whether paid or unpaid) without prior consent from DUL/OSL.
VI.Right of Withdrawal from a Distance Contract
- In accordance with Article 27 of the Consumer Rights Act, an End User who is a Consumer and has entered into a distance contract has the right to withdraw from it within 14 days without providing any reason and without incurring costs, except for the costs specified in paragraphs 2 and 3 below.
- If the Consumer has chosen a delivery method for the goods/service other than the cheapest standard delivery offered by DUL/OSL, the Entrepreneur is not obliged to refund the additional costs incurred by the Consumer.
- The Consumer bears only the direct costs of returning the goods/service unless the Entrepreneur agreed to bear them or did not inform the Consumer about the necessity of covering these costs.
- The period for exercising the right mentioned in point 1 above starts:
- For a contract under which the Entrepreneur delivers the goods, transferring its ownership – from the moment the Consumer or a third party other than the carrier and indicated by the Consumer acquires the possession of the item; In the case of a contract that: – Includes multiple items delivered separately, in batches, or in parts – from the moment of acquiring the possession of the last item, batch, or part, – Involves the regular delivery of goods for a specified period – from the moment of acquiring the possession of the first item;
- For other contracts – from the date of concluding the contract.
- The Consumer may withdraw from the contract by submitting a declaration of withdrawal to the Entrepreneur. To meet the deadline, it is sufficient to send the declaration before its expiration.
- In the event of withdrawal from a distance contract, the contract is considered void.
- The Entrepreneur is obliged to reimburse the Consumer for all payments made, including the costs of delivering the goods, immediately and no later than 14 days from the day of receiving the Consumer’s declaration of withdrawal from the contract. The Entrepreneur makes the refund using the same payment method that the Consumer used unless the Consumer explicitly agreed to a different method that does not incur any costs. If the Entrepreneur did not propose to collect the item personally from the Consumer, they may withhold the refund until the item is returned or until the Consumer provides proof of its return, whichever occurs first.
- The Consumer is obliged to return the item to the Entrepreneur or hand it over to a person authorized by the Entrepreneur to receive it immediately, but not later than 14 days from the day they withdrew from the contract, unless the Entrepreneur proposed to collect the item personally. Sending back the item before the deadline expires is sufficient to comply with this term. The Consumer is responsible for reducing the value of the item resulting from using it in a way exceeding necessary verification of its nature, characteristics, and functioning, unless the Entrepreneur did not inform the Consumer about the right to withdraw from the contract.
- The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the Consumer in relation to contracts for:
- Services for which the Consumer is obliged to pay if the Entrepreneur has fully performed the service with the explicit prior consent of the Consumer who was informed before the service that after the performance by the Entrepreneur, the right to withdraw from the contract is forfeited, and the Consumer accepted it;
- Where the price or remuneration depends on fluctuations in the financial market over which the Entrepreneur has no control and which may occur before the withdrawal period ends;
- For goods made to the Consumer’s specifications or serving their personalized needs;
- For perishable goods or goods with a short shelf-life;
- For goods delivered in sealed packaging that, once opened, cannot be returned for health protection or hygiene reasons if the packaging was opened after delivery;
- For goods that, due to their nature, become inseparably mixed with other items after delivery;
- For alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and their delivery can take place only after 30 days, and their value depends on market fluctuations over which the Entrepreneur has no control;
- Where the Consumer explicitly requested the Entrepreneur to come for urgent repair or maintenance services; if the Entrepreneur provides additional services beyond those requested by the Consumer or supplies goods other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to the additional services or goods;
- For audio or video recordings or computer programs delivered in sealed packaging if the packaging was opened after delivery;
- For the delivery of newspapers, periodicals, or magazines, except for subscription agreements;
- Concluded through a public auction;
- For services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting, or cultural events, if the agreement specifies the service day or period;
- For digital content not supplied on a tangible medium, for which the Consumer is obliged to pay if the Entrepreneur commenced the service with the explicit prior consent of the Consumer who was informed before the service that after the performance by the Entrepreneur, the right to withdraw from the contract is forfeited, and the Entrepreneur provided confirmation to the Consumer;
- For services for which the Consumer is obliged to pay if the Consumer explicitly requested the Entrepreneur to come for urgent repair, and the service has already been fully performed with the explicit prior consent of the Consumer.
VII. Liability of the Parties
- DUL/OSL shall not be liable to the End User KPE and/or WSL for damages resulting from their actions or omissions. Specifically, DUL/OSL shall not be liable for:
- Issues arising from the End User’s computer equipment or mobile devices, their employees, or individuals participating on behalf of or alongside the End User in the execution of the contract concluded with DUL/OSL.
- Improper installation of the SIM card by the End User, their employees, or individuals participating on behalf of or alongside the End User in the execution of the contract concluded with DUL/OSL.
- Malfunction of software from other companies used by the End User, their employees, or individuals participating on behalf of or alongside the End User in the execution of the contract concluded with DUL/OSL.
- Incorrect configuration or mishandling of the User Profile or Application by the End User, their employees, or individuals participating on behalf of or alongside the End User in the execution of the contract concluded with DUL/OSL.
- The End User is liable to DUL/OSL or third parties for damages caused by the actions or omissions of the End User, their employees, or individuals participating on behalf of or alongside the End User in the execution of the contract concluded with DUL/OSL.
VIII. Complaint Procedure
- DUL/OSL is responsible for defects in services provided in accordance with the provisions of the Civil Code (Art. 556-5764).
- A properly filed complaint should contain at least the following information:
- Identification of the End User, specifying: last name and first name or company name, address or registered office in the case of entrepreneurs.
- A detailed description of the problem that constitutes the basis of the complaint.
- Date of occurrence of the problem.
- End User’s contact phone number.
- DUL/OSL undertakes to consider the complaint within 14 days from the date of receipt of a complete complaint.
- In case of deficiencies in the complaint, DUL/OSL will request the End User to supplement it as necessary, no later than 7 days from the date of receipt of the request by DUL/OSL.
- Remote Support provides support services related to queries and/or complaints from the End User regarding products and services provided by DUL/OSL based on the contract concluded with the End User. This support is provided to the extent that it is possible to remotely provide the End User with guidance, solutions, or advice, as well as remotely implement possible solutions. DUL/OSL does not guarantee that Remote Support will provide a solution for every reported problem, especially if the solution to a particular problem cannot be implemented remotely. The End User will be informed of possible solutions that they can apply independently on-site.
- The End User is obliged to immediately contact the phone numbers provided at the charging point or on the charging card in the event of malfunctioning of the charging point or charging card.
IX. Copyrights
- It is prohibited to remove or alter any marks related to the confidential nature or intellectual property rights of software, devices, the DUL/OSL website, or materials. Circumventing or removing technical protections or user limitations associated with services provided by DUL/OSL is not permitted.
- The end user is responsible for violating the prohibition defined in point 1 above.
X. Personal Data
- DUL/OSL will process the personal data of End Users, their employees, or individuals participating on behalf of the End User in the execution of an agreement concluded with DUL/OSL for the following purposes:
- Execution and performance of the agreement concluded between DUL/OSL and the End User.
- Fulfillment of public law obligations by DUL/OSL (including tax documentation).
- Handling complaints, inquiries, and providing responses to questions.
- Pursuing claims or defending against claims made against DUL/OSL
- Providing personal data is voluntary but necessary for the conclusion and execution of the agreement by DUL/OSL on behalf of the End User. Personal data is processed by the Operator for the duration of the agreement and after its termination or expiration until the expiration of claims arising from the agreement.
- DUL/OSL may disclose personal data to entities collaborating with it, especially to non-cash payment operators for registering payment cards and handling and settling transactions made by the End User, entities providing mail and parcel delivery services, entities providing accounting, legal, and debt collection services, as well as entities providing accounting, invoicing, and archiving services.
- In connection with the processing of personal data, the End User, their employees, or individuals participating on behalf of the End User in the execution of the agreement concluded with DUL/OSL have the right to:
– Access their data content;
– Rectify or delete personal data or restrict its processing;
– Object to DUL/OSL regarding the processing of personal data at the email address of the Data Protection Inspector: kontakt@e-powerup.pl;
– Lodge a complaint with the President of the Office for Personal Data Protection. - Expressed consent for the processing of personal data may be withdrawn at any time by sending an email to kontakt@e-powerup.pl or by correspondence to the registered office address of DUL/OSL.
- Data of the Data Protection Inspector of DUL/OSL: Sylwia Wrzesień, tel. +48413107100.
XI. Final Provisions
- UThe End User cannot transfer rights and obligations arising from the agreement to another natural person, legal entity, or unincorporated organizational unit without legal personality without the prior written consent of DUL/OSL, expressed under the penalty of invalidity.
- Matters not regulated by this Regulation shall be governed by the provisions of generally applicable law, in particular the Civil Code, the Consumer Rights Act, and the Act on Electromobility and Alternative Fuels.
- The Regulation may be changed at any time. Information about the content of regulatory changes is promptly posted on the DUL/OSL website.
- The change in the Regulation is effective towards the End User who does not resign from the Operator’s services within 30 days from the date of notification about the change in the Regulation.
- Any disputes arising from this Regulation will be resolved based on the provisions of Polish law.
- The Regulation enters into force on October 1, 2023.