Terms of Use

Terms of Use – web sites

As of 1st July 2018

Article 1 – Purpose

This document defines the terms of use for web sites, software, web applications and mobile applications published by Freshmile Services SAS.

Article 2 – Legal notice

Freshmile Services
Société par actions simplifiée au capital de 1450000 €
Registered office: Aéroport Strasbourg, Bâtiment Blériot, 67960 Entzheim, France
RCS Strasbourg n° 818 611 220
European VAT number : FR 88 818 611 220
Contact : web@freshmile.com
Phone: +33 3 88 25 70 58
Director: Mr Arnaud Mora

Host : OVH SAS
RCS Lille Métropole 424 761 419 00045
Registered office: 2 rue Kellermann, 59100 Roubaix, France.
Phone: +33 9 72 10 10 07

Article 3 – Definitions

  • Company: Freshmile Services SAS
  • Personal Data: any data collected through the Sites and related to a User, including cookies.
  • Sites: all web sites, software, web applications and mobile applications published by the Company.
  • Terms of Use: this document.
  • User: anybody using the Sites with or without identification credentials such as email address and password.

Article 4 – Contents

Sites are available for the whole world, without any voluntary geographical restriction.

Graphical representations and pictures displayed on Sites are no legally binding representations of products and services provided by the Company.

By using the Sites, Users accept these Terms of Use.

Article 5 – Intellectual property

Sites

Sites and their contents are the Company’s intellectual property. No partial or full reproduction, exploitation, broadcasting or use of Sites contents are allowed.

Brands

No partial or full reproduction of brands and logos displayed on Sites are allowed without prior written consent from the Company.

Contents

Users accept not to take any action with the aim of unduly acquiring any information or contents from the Sites. Users enjoy a right to use the Sites which includes visualisation on screen and copy of documents put at disposal. The right does not extend to reproduction or distribution on commercial terms.

Article 6 – Privacy

Rules governing Personal Data are detailed in the “Privacy Policy” enclosed and published online at freshmile.com.

Terms of Use of CPO services

As of 1st July 2018

Article 1 – Definitions

  • Charging Infrastructure : charging infrastructure for electric vehicles composed of one or several Charging Points with their associated hardware and software.
  • Charging Point: equipment allowing to charge one electric vehicle at a time.
  • Client: user of Products and Services
  • Contract: contract between the Client and the Provider, materialised by at least a quotation accepted by the Client, including Terms of Use.
  • Private Charging Point: Charging Point reserved to a restricted number of Users, free of charge or pay-for.
  • Public Charging Point: Charging Point open to any User, free of charge or pay-for.
  • Products and Services: all products, services, licences and software licences commercialised by the Provider.
  • Provider: Freshmile Services SAS.
  • Quotation: commercial offer sent by the Provider to the Client, including details on services and prices.
  • Software : all web sites, software, web applications and mobile applications provided by the Provider according to the terms of the Contract.
  • Terms of Use : this document.
  • User: end-user of a Charging Point, i.e. a physical person charging an electric vehicle.

Article 2 – Purpose

This document defines the conditions governing how the Provider provides Products and Services to the Client.

Article 3 – Description of Products and Services

Products and Services are continuously being developed and can be modified or updated at any time without notice by the Provider. The following list of services is not exhaustive.

Software

Including but not limited to monitoring web platform Freshmile Charge, call management web platform Freshmile Call, maintenance web platform Freshmile Fix, web sites freshmile.com, freshmilecharge.com, account management platform my.freshmile.com, mobile application Freshmile Charge and white label versions.

Services

Including but not limited to technical operations centre, client relationship centre, billing, payment collection for own account and third parties, roaming relationship management for own account and third parties.

Equipment

Including but not limited to SIM cards with telecom subscriptions, hardware such as charging stations and modems.

Article 4 – Supply and activation

Products and Services are provided during the duration of the Contract. Use of software imply a licence, limited to the purpose of the Contract. The Client acquires a licence to use Software but no intellectual right on the Software.

Equipment and installation of equipment are supplied with one-year warranty covering spare parts and replacement works, when installation works are carried out by a contractor of the Provider. Initial warranty date is the earlier of both following dates: commissioning of equipment or activation of equipment plus one month.

The activation of Products and Services is considered effective at the date of first reception of data from Charging Infrastructure at its geographical site.

Article 5 – Billing

Activation and subscription

The Provider invoices services from the date of activation or commissioning.

Invoices are sent at the beginning of each quarter in advance. Invoices are sent electronically. Paper invoices are available at a cost of € 2 excl. VAT per invoice.

Accepted payment means

Invoices can be paid by bank transfer. Bank details are indicated on invoices.

Claims

Claims can be sent in written form, before payment due date. In the case of a partial claim on less than the full amount, the remaining amounts must be paid before due date.

Overdue payments

Overdue payments are subject to penalties calculated on applicable interest rate and fixed penalty fees. Complementary compensation can be claimed by the Provider if payment collection costs exceed the fixed penalty fees.

Invoicing charging sessions

For technical reasons, the Provider is entitled to validate charging sessions tariffs decided by the Client before applying them. Any tariff change request is applied within 30 days.

However, for charging stations opened to third-party mobility services providers with roaming agreements, tariff changes may be applied with longer delays, depending on contract terms with third-party mobility services providers or roaming platforms.

Payment retrocession

Retrocession of payment collected by the Provider to the Client pertaining to charging sessions on the Charging Infrastructure is issued as credit notes or are directly reimbursed, on a quarterly basis, at quarter end.

Article 6 – Responsibilities

Obligations of the Client

The Client is sole responsible for any damage caused by his or her usage of Products and Services. The Client is responsible to secure credentials allowing access to Software.

The Provider recommends best practices for a safe password: 12 characters, including lower case, upper case, figures and symbols.

The Client is sole responsible to keep unchanged the parameters set up for the Charging Infrastructure for the duration of the Contract. These parameters include but are not limited to parameters of the Ethernet network, modems and Charging Infrastructure.

The Client is sole responsible to keep the Charging Infrastructure in a good working order, excepted if the Client subscribed to maintenance contract with the Provider.

The Client is sole responsible of the usage of the Charging Infrastructure.

Obligations of the Provider

The Provider is sole responsible for putting in place the necessary means to the proper functioning of the Services. Software availability is guaranteed for at least 98% of the time.

In case of availability guarantee being not met, a one-off penalty in full discharge is applied. It is equal to one month of the subscription for the corresponding service. This penalty covers the full damage and can be activated only once a month. The Client renounces to any other claim for any other damage during the same period. The claim must be sent to the Provider’s Business clients service.

A claim for damage is not a claim to terminate the Contract.

In the case the Provider can prove that the default is not due to the Provider’s responsibility (ex: wrong usage of Software, modification of parameters on site, technical default of a Charging Infrastructure, improper use by third-party operators), the penalty is not due.

In case the Provider had to intervene on site to note that the default was not due to the Provider’s responsibility, the Client acknowledges that the Provider is entitled to invoice the Client for a site visit at a price of € 250 excl. VAT plus transportation costs.

Limits of the Provider’s responsibilities

The Provider is not responsible for the quality of the telecommunications networks (Ethernet, 3G, etc.), nor for possible communication losses that could lead to a temporary unavailability of Products and Services, in full or in part.

The Provider is not responsible for issues due to (i) the inadequate installation of any piece of equipment that would not have been installed in relation with the Contract, (ii) a fault in the Charging Infrastructure, (iii) a wrong manipulation by the User, (iv) or a non-conform use of the Charging Infrastructure. The Provider is not responsible for issues related to the environment of the Charging Infrastructure, such as (i) electrical grid connection, (ii) charging cables, (iii) vehicles, (iv) and services provided by third-party operators.

The Provider is not responsible for possible indirect damage, such as financial loss, data loss, commercial damage.

The financial responsibility of the Provider for direct damage is limited to the monetary equivalent of the Contract calculated over a maximal period of six months.

Article 7 – Duration, suspension, termination

For Products and Services on a recurring basis, the Contract is valid on the day when the Client accepts the Quotation. It is valid for 12 months starting on the activation date. The Contract duration can be longer than 12 months, if agreed so between the Client and the Provider.

In case the Client would not respect these Terms of Use, the Provider is entitled to suspend the Products and Services in full or in part, 15 days after sending a notice in registered post.

By exception, the Provider is entitled to suspend the Products and Services, without notice and without indemnification in the following case:

  • Attempt to access the Provider’s servers without authorization from the Client’s accounts;
  • Non-conform use of Products and Services

Once the initial duration of the Contract has expired, the Client is entitled to terminate the Contract at quarter end with a 3-month notice. The notice for termination must be sent to the Provider’s Business clients service.

Article 8 – Data processing

Rules governing processing of data are detailed in the “Privacy Policy” enclosed and published online at freshmile.com.

Data related to Charging Points and charging sessions may be transmitted to third parties, such as mapping services, mobility service providers, roaming platforms, governments and institutions mandated by governments.

Article 9 – Business clients service

The Business clients service’s contact details are:

Freshmile Services
Business clients service
Aéroport Strasbourg
Bâtiment Blériot
67960 Entzheim
France
office@freshmile.com
+33 3 88 25 70 58 (Monday to Friday from 9am to 12pm and from 2pm to 5 pm)

Article 10 – Force majeure

Nor Client neither Provider are liable for the non-execution of their respective obligations in case of force majeure.

Article 11 – Jurisdiction

Should a provision of these Terms of Use be or become invalid or unenforceable, the remaining provisions of these Terms of Use shall remain unaffected thereby.

The sole Court of Jurisdiction for all claims arising from or in connection with these Terms of Use shall be the courts of Strasbourg, France unless both parties agree otherwise.

These Terms of Use shall be subject solely to the laws of France.

Terms of Use of EMP services

As of 1st July 2018

Article 1 – Definitions

  • Account: detailed list of Operations by a User, available on an online personal page, accessible with the use of credentials such as email address and password.
  • Anonymous Mode: means to access Services without prior registration.
  • Charging Infrastructure : charging infrastructure for electric vehicles composed of one or several
  • Charging Points with their associated hardware and software.
  • Charging Point: equipment allowing to charge one electric vehicle at a time.
  • Client: user of Products and Services
  • Company: Freshmile Services SAS
  • Operations: use of free of charge or pay-for Services by a User.
  • Sites: all web sites, software, web applications and mobile applications published by the Company.
  • Temporary Account: Account resulting of the one-off use of Services in Anonymous Mode.
  • Terms of Use : this document.
  • User: any physical person using the Sites and Services with credentials such as email address and password or without any prior registration.

Article 2 – Purpose

These Terms of Use cover the use of services commercialised by the Company through web sites, web applications and mobile web applications published by the Company.

These Terms of Use define the rights and obligations of each party when using and providing the Services.

Services are continuously being developed and can be modified or updated at any time without notice by the Company. Similarly, these Terms of Use may be modified at any time without notice by the Company.

Article 3 – Company

Freshmile Services SAS
Registered office : Aéroport Strasbourg, Bâtiment Blériot, 67960 Entzheim, France
RCS Strasbourg n° 818 611 220
European VAT number : FR 88 818 611 220

Article 4 – Account

Opening an account

Users open an Account by providing at least an email address and a password. When Services require any sending per post, a post address is also requested.

Users open a Temporary Account when they use the Services in Anonymous Mode. By construction, the parties agree that a Temporary Account is anonymous and has a lifetime limited by the Operations resulting from the Services used in Anonymous Mode.

Opening an Account or a Temporary Account implies that Users accepts these Terms of Use.

Renouncement right

Users who are physical persons and acting outside any professional duty are entitled a 14-day renouncement right after opening an Account. This right is subject to the User having not used any free of charge or pay-for Service.

Users willing to exert their renouncement right must send a letter with registered post to the Client Relationship Centre.

Duration and termination

Accounts are not limited in time, except for Temporary Accounts. Users willing to terminate their account must send an email or a letter with registered post to the Client Relationship Centre.

The Company is entitled to close or suspend accounts in case of payment delay or payment default.

Reimbursement

For reimbursement of any remaining credits on an Account, Users must send a letter with registered post to the Client Relationship Centre accompanied by an pre-stamped envelope, so that a cheque can be sent in return.

Any demand for reimbursement will be dealt with within 60 days, this delay allowing the Company to check potential consumption of pay-for Services which would not have been yet paid at the date of demand for reimbursement.

Article 5 – Tag

A RFID tag can be purchased and associated to an Account. Its validity is not limited in time.

In case of default or in case of normal wear and tear leading to malfunctioning, the tag can be replaced free of charge upon request. The User must send back the old RFID tag to the Client Relationship Centre.

In case the tag has no default or has been abnormally used or damaged, the replacement is subject to a price equal to the price of a new tag at the date of the claim (see Article 9).

Article 6 – Payment

By default, Accounts are prepaid accounts. Accepted payment means are credit card and debit card, bank transfer, cheques and cash (paid in person at the Company’s registered office).

Payment terms on invoices are 15 days from invoice date. Invoices are sent electronically. Paper invoices are available at a cost of € 3 excl. VAT per invoice.

Article 7 – Personal Data processing

Rules governing processing of Personal Data are detailed in the “privacy policy” enclosed and published online at freshmile.com.

Article 8 – Responsibilities

Use of Services

The User is sole responsible for the use of Services and for the direct and indirect consequences of this use of Services. The User must use the Services in a way that is in conformity with (i) the use as initially conceived by the Company, (ii) the applicable rules and regulations and (iii) these Terms of Use. The Company is entitled to terminate Accounts of Users if they do not respect these Terms of Use.

Limits of the Company’s responsibilities

The Company is not responsible for any non-functioning, impossibility to access or malfunctioning of the services provided by the User’s internet access provider.

The Company is not responsible for the content of external links provided in the Sites and managed by other companies.

The Company will not be held responsible for any direct or indirect damage of any nature resulting from the use of Services. The responsibility of the Company can be invoked only for a proven fault and for direct and predictable damages that would be exclusively caused by a default in the Company’s fulfillment of obligations.

The Company does not guarantee the availability of Services nor of Charging Infrastructure to which Services give access.

The Company is not responsible for any consequence of wrong usage of Charging Infrastructure or wrong functioning of Charging Infrastructure.

The Company is not responsible for issues related to the environment of the Charging Infrastructure, such as (i) electrical grid connection, (ii) charging cables, (iii) vehicles, (iv) and services provided by third-party operators.

Force majeure

The Company is not liable for the non-execution of its obligations in case of force majeure.

Article 9 – Tariffs

Only tariffs of Services displayed on Sites are applicable. The Company is not linked by terms and conditions and tariffs published by third parties in respect with Services provided by the Company.

Tariffs may be modified without notice. Users are responsible to check tariffs on Sites before using Services.

Article 10 – Client Relationship Centre

The Client Relationship Centre’s contact details are:

Freshmile Services
Client Relationship Centre
Aéroport Strasbourg, Bâtiment Blériot, 67960 Entzheim, France
support@freshmile.com
+33 3 88 25 70 58 (Monday to Friday from 9am to 12pm and 2pm to 5pm)

Article 11 – Ombudsman

According to article L. 152-1 of France’s Code de la consommation, the Company provides an internal Ombudsman service in case the User thinks the Client Relationship Centre has not provided any appropriate answer. It can be reached at:

Freshmile Services
Ombudsman
Aéroport Strasbourg, Bâtiment Blériot, 67960 Entzheim, France
mediation@freshmile.com
+33 3 88 25 70 58 (Monday to Friday from 9am to 12pm and 2pm to 5pm)

Article 12 – Dispute

These Terms of Use are subject to French law.

In case of dispute with a User as a physical person acting outside any professional duty, an Ombudsman service will be offered as per Article 11, in order to find an amicable issue. In case no amicable issue would be found, the User will choose the courts: either the courts of Strasbourg or the courts of the User’s residence.

In case of dispute with a professional User, the parties will seek to find an amicable issue. The sole Court of Jurisdiction for all claims arising from or in connection with these Terms of Use shall be the courts of Strasbourg, France unless both parties agree otherwise.