1.1. The General Terms and Conditions apply to, and form an integral part of, all offers, proposals, orders and agreements relating to the delivery of any goods or services by MobilityPlus. Any general terms and conditions of the Customer shall not apply, notwithstanding any provision to the contrary contained therein. Any deviations from the General Terms and Conditions shall not apply unless the Parties have expressly agreed to them in writing (in whole or in part). By placing an order, the Customer accepts these General Terms and Conditions.
1.2. A quotation from MobilityPlus is valid for a period of 30 days from the quotation date, except in the case of a material mistake.
means the date of acceptance of the quotation by the Customer;
means the natural or legal person, who owns or operates one or more Charging Stations for electric or plug-in hybrid vehicles and who is a customer of the Management Services;
means the services described in Article 7.1;
means a Customer who is a natural person and is acting for purposes outside his business or professional activity;
means the natural or legal person who is a customer of the Charging Services;
means the date on which a Charging Station was placed in service;
Intellectual Property Rights
means all trademarks, domain names, design rights, patents, copyrights (including all rights relating to computer programs) and moral rights, rights relating to databases, software, know-how, trade secrets and other industrial and intellectual rights, in each case irrespective of whether they are registered or not and including applications for registration, as well as any equivalent rights or means of protection leading to a similar result anywhere in the world.
means the hours from 9am to 5pm on Business Days;
means the natural or legal person who purchases goods or services from MobilityPlus.
means the services described in article 6.1;
means the charging card issued by MobilityPlus to the User;
means a device for the (re)charging of electric or plug-in hybrid vehicles;
means MobilityPlus BV, a limited liability company under Belgian law with registered office at Poortakkerstraat 37 / 302, 9051 Ghent and registered with the Crossroads Bank for Enterprises with enterprise number 0649.979.281;
means the network of charging stations through which MobilityPlus operates, offered by MobilityPlus or third parties as roaming partner;
means the totality of contractual documents constituting the agreement between MobilityPlus and the Customer, comprising, as the case may be, (i) the framework agreement, (ii) the offer(s), (iii) the order form(s), (iv) these General Terms and Conditions.
any agreement concluded between MobilityPlus and the Consumer using exclusively one or more means of distance communication;
means MobilityPlus or the Customer.
means all days, except Saturdays, Sundays and legal holidays in Belgium.
3.1. Under this Agreement, and according to what is stipulated in the offer, MobilityPlus commits towards the Customer to the sale and installation of Charging Stations and/or the provision of related services, such as Management Services and/or Charging Services.
4.1. The Customer who wishes to purchase goods or services from MobilityPlus is obliged to fill out the contract application with regard to MobilityPlus correctly and completely and to present the following documents upon simple request.
4.2. If the Customer is a natural person:
4.3. If the Customer is a legal entity or a de facto association:
4.4. Any person presenting himself as the representative of a natural or legal person or of a de facto association is obliged, at the request of MobilityPlus, to identify himself and provide proof of his capacity as representative. The Customer shall be solely liable for the accuracy and completeness of the information provided by him.
4.5. MobilityPlus reserves the right to limit or refuse any contract request (additional or otherwise) regarding the installation of Charging Stations or the provision of services at its sole discretion.
4. 6. Any cancellation of an order must be in writing. It shall only be valid after written acceptance by MobilityPlus. Without prejudice to the provisions of articles 17.1 to 17.3, the Customer shall, if he cancels an order, be obliged to pay a cancellation fee set at a flat rate of 10% of the total amount of the order, it being understood that MobilityPlus may by all legal means prove any greater real damage. Without prejudice to the provisions of articles 17.1 to 17.3, MobilityPlus shall be entitled to refuse the cancellation once execution of the order has begun.
5.1. Charging Stations are sold "as is" and "as available". Since Charging Stations are dependent on software, error-free operation of the software cannot be guaranteed at all times and under all circumstances. Technological changes may require that the hardware and/or firmware of the Charging Stations be changed, updated and/or upgraded from time to time. The Customer agrees that MobilityPlus, in its sole discretion, shall have the right to release firmware updates for the Charging Stations from time to time. MobilityPlus guarantees the compatibility of the purchased Charging Stations with its platform for a period of five (5) years from Commissioning of the Charging Stations.
5.2. The Charging Stations will be delivered to the location specified in the quote. Ownership of the Charging Stations shall pass from MobilityPlus to the Customer when the Customer has paid all costs related to the sale and installation of the Charging Stations. Until such time, the Customer expressly waives his right of accession with regard to the installed charging stations. With respect to the Charging Stations operating with a SIM card, the Customer understands that the SIM card integrated into the Charging Stations is and remains at all times the property of MobilityPlus' telecommunications partner.
5.3. Until the Customer has paid all costs associated with the sale and installation of the Charging Stations, the Customer may not pledge, transfer or in any way offer or use the Charging Stations as security, and is prohibited from modifying, selling or disposing of the Charging Stations in any way. In the event of seizure or any other claim which third parties may make on the rights relating to the Charging Stations, the Customer must object and inform MobilityPlus immediately.
5.4. All risks (such as loss, theft, destruction, etc.) of the Charging Stations shall be transferred to the Customer at the time of delivery of the Charging Stations to the location specified in the quotation, or failing this, at the time of delivery of the Charging Stations to the address (registered office or residence) of the Customer.
5.5. The Customer has a period of forty-eight (48) hours from the time of Commissioning to inspect the conformity of the Charging Stations. If no notification of a defect or fault is received by MobilityPlus by registered post within this period, the Customer shall be deemed to have accepted the Charging Stations and their installation. Acceptance always includes all visible defects of the Charging Stations. Notwithstanding the provisions of article 5.6, any defect or fault reported after this deadline will be remedied by MobilityPlus by repair or replacement of the Charging Station, at its choice, subject to prior receipt of payment for the repair or replacement, any spare parts and transport costs (prices available on request).
5.6. MobilityPlus provides the Customer with a warranty for any hidden defect of the Charging Stations or installation work that occurs within 2 years from Commissioning. This guarantee covers, at MobilityPlus' choice, the free repair or replacement of the Loading Stations and all costs of materials, spare parts and transport.
5.7. Any notification of a defect within the framework of the guarantee must be notified in writing to MobilityPlus within 2 months from the date on which the defect was detected or should have been detected. The 2-year guarantee period will be suspended from the day on which the defect was reported until the day on which the Customer can again make proper use of the Charging Station.
5.8. The guarantee referred to in Clause 5.6 will not apply if:
5.9. Charging stations are delivered and installed at the location and within the timeframe defined in the offer, or failing this, at the address (registered office or domicile) of the Customer, within a reasonable timeframe following the conclusion of the Contract, taking into account market conditions.
5.10. The installation of Charging Stations includes any preliminary infrastructure works, the execution of the installation works, the inspection and commissioning of the Charging Stations.
5.11. MobilityPlus undertakes to proceed with the inspection and commissioning of the Charging Stations within a reasonable period of time after installation of the Charging Stations, and to provide the Customer with the inspection and commissioning report within a reasonable period of time. The Customer undertakes not to use the Charging Stations between the time of completion of the installation work and commissioning of the Charging Stations. MobilityPlus cannot be held liable for any (in)direct damage resulting from the use of the Charging Stations by the Customer or third parties prior to their commissioning.
5.12. Installations of Charging Stations can only take place on Business Days during Office Hours. The presence and availability of the Customer is required at the time and location of installation. If the Customer is not present at the time and place of installation or cancels the installation appointment less than 48 hours before the starting time, MobilityPlus shall be entitled to a fixed cancellation fee of € 50.
5.13. MobilityPlus shall be entitled to cancel the installation appointment at the latest 48h prior to the starting point without any compensation being due to the Customer. If MobilityPlus cancels the installation appointment less than 48 hours prior to the starting time, the Customer shall be entitled to a fixed cancellation fee of € 50.
5.14. The installation of Charging Stations can only take place under the following cumulative conditions:
5.15. The Customer's non-compliance with one or more of the obligations mentioned in clause 5.14 may result in the installation of the Charging Stations not being able to be carried out or not being carried out in time. The Customer acknowledges and accepts that MobilityPlus shall not be liable for any (in)direct damage which the Customer may suffer as a result of the late or lack of installation of the Charging Stations for this reason. In this regard, the Customer shall indemnify MobilityPlus against any claims from third parties.
5.16. The Customer declares and guarantees that, in its capacity as owner or holder of any other right in rem or personal enjoyment of the installation site, it is authorized and competent to grant MobilityPlus permission to install Charging Stations at the installation site. The Customer undertakes to indemnify MobilityPlus against any possible claim or demand from a third party arising from the installation work at the installation site. At MobilityPlus's first request, the Customer shall provide MobilityPlus with the necessary proof of his rights to the installation site or the consent of the entitled party.
5.17. In the event of infringement of article 5.16, MobilityPlus shall be entitled, without prejudice to its possible right to compensation, to suspend the Agreement until such time as it receives the necessary proofs, or to dissolve it ipso jure, without prior judicial intervention and without prior notice of default.
5.18. MobilityPlus shall be entitled to charge additional costs to the Customer if the actual conditions of the installation differ significantly from those provided for in the Agreement (e.g. required length of cables is longer than foreseen).
5.19. The Customer retains full responsibility for determining the procedures necessary to ensure the safety of persons and property and respect for the environment at the installation site. The Customer undertakes to inform MobilityPlus in writing, within a reasonable period of time prior to the starting time of the installation, if specific safety requirements must be met. Any additional costs which MobilityPlus would have to incur for this will be charged to the Customer.
5.20. The Customer undertakes to use the Charging Stations at all times with due diligence, in accordance with their intended purpose and in conformity with the technical instructions for use and maintenance given to the Customer prior to commissioning.
6.1. The User gains access to the Charging Services through the use of a Charging Card, the MobilityPlus platform and the MobilityPlus app by taking out a subscription.
6.2. The Charging Services offered to the User and the prices applicable to them depend on the formula chosen by the User. The different price formulas are explicitly mentioned on the website https://www.mobilityplus.be/en/services/charge-cards-for-electric-cars .
6.3. After the acceptance of an access to the Charging Services, MobilityPlus will provide the User with the requested number of Charging Passes within a reasonable period of time, which will allow the User to take advantage of the Charging Services.
6.4. A User can use the Charging Services as long as a subscription is active.
6.5. The Charging Card remains the property of MobilityPlus and cannot under any circumstances be transferred to third parties without the prior agreement of MobilityPlus. The Charging Card must be returned to MobilityPlus by the User upon discontinuation of the service.
6.6. The Charging Card may only be used to obtain Charging Services from MobilityPlus. All risks associated with the loss of the Charge Card are transferred to and borne by the User from the date of shipment of the Charge Card. An invalid Charge Card may be retained or confiscated by MobilityPlus.
6.7. MobilityPlus will charge the costs of issuing the Charge Card to the User.
6.9. Obligations of the User
6.10. The User is responsible for keeping the Charging Cards entrusted to him. To this end, he will take all necessary and useful measures to prevent the loss, theft or damage of the Charging Card. The User undertakes to provide MobilityPlus with all necessary information concerning the disappearance or irregular use of a Charging Card, and will bear all costs related to the loss or theft of the Charging Card, including the costs of irregular or unauthorised use of the Charging Card. Upon recovery of a lost Charge Card, the User must report this to MobilityPlus as soon as possible.
6.11. In case of non-conforming use of the Charging Card, the User is obliged to assist MobilityPlus at his own expense in tracing the causes thereof. Upon determination of abnormal use, MobilityPlus shall be entitled to block the Charging Card, without giving rise to any compensation for (in)direct damage for the User.
6.12. In case of defect or irregularity in the equipment used to provide MobilityPlus Charging Services, the User must inform MobilityPlus immediately.
6.13. Unless MobilityPlus gives its express and written consent, the User is prohibited under all circumstances from selling, transferring, sub-leasing or otherwise commercializing the Charging Passes and/or related Charging Services assigned to him in any way, be it in whole or in part. Any breach of this prohibition will be considered an irreparable breach and will entitle MobilityPlus, at its sole discretion, to temporarily suspend the Charging Services as long as the User fails to remedy these breaches or to terminate the Agreement by operation of law, without prior notice.
7.1. MobilityPlus offers to the Administrator, who owns or has owned one or more Charging Stations to provide electric or plug-in hybrid vehicles of persons, in a general sense, management and remuneration services related to the use of Charging Stations by the Administrator and Users. The Management Services offered consist of one or more of the following components, depending on the chosen subscription formula:
7.2. The Management Services offered to the Administrator and the applicable prices for them depend on the subscription formula chosen by the Administrator. The different pricing formulas are explicitly mentioned on the website https://www.mobilityplus.be/en/services/charge-point-management .
7.3. MobilityPlus shall endeavour to:
7.4. MobilityPlus undertakes to make all reasonable efforts which the Manager may reasonably expect from a good administrator/service provider to prevent technical, GPRS and software failures. If failures do occur, MobilityPlus will make reasonable efforts to remedy them within a reasonable period of time. MobilityPlus will make every effort to limit any damage to the Administrator.
7.5. The Administrator declares to provide electricity to the Charging Stations installed at the Administrator's premises in an uninterrupted manner, so that electric or plug-in hybrid vehicles can be recharged at the Charging Stations subject to the provision of a MobilityPlus Charging Card or a third party with whom MobilityPlus has concluded a roaming agreement.
7.6. The Administrator shall be exclusively and solely liable for any failure in the fulfillment of one or more of the obligations assigned to him in these General Terms and Conditions. The Administrator shall indemnify MobilityPlus and the User against all claims by third parties and any related damage and/or costs, including, but not limited to, costs for legal assistance and image damage, related to shortcomings in its role as owner or proprietor of Charging Stations for electric or plug-in hybrid vehicles.
7.7. The Administrator shall be responsible at all times for the acts, conduct, use and all actions with respect to the Charging Stations performed by its staff, employees and any other persons it may grant, willingly or unwillingly, direct or indirect access to the Charging Stations.
7.8. If MobilityPlus receives any claim or claim for damages which may be related to the indemnification by the Manager in the preceding paragraphs, MobilityPlus will be entitled to suspend payment of any compensation due to the Manager until such claim or claim for damages is settled. If it should appear that MobilityPlus is obliged to pay any damage to third parties, it shall be entitled to set off this damage, as well as the costs, including, but not limited to, costs for legal assistance, against any payment obligation to the Manager.
8.1. The Agreement is entered into for the fixed term of one (1) year from the Commencement Date.
8.2. In the absence of timely notice, the Agreement shall be tacitly renewed for a further term of one (1) year each time after the expiry of the initial term of one (1) year. The Agreement may be terminated by either Party upon the expiration of the initial term or upon the expiration of each subsequent one (1) year period. Termination is mandatory by registered letter at the latest two (2) months before the expiry of the initial term of the agreement or the extended period.
9.1. MobilityPlus may, after sending a prior notice to the Customer, suspend all or part of its services in any of the following cases:
9.2. MobilityPlus shall be entitled to unilaterally terminate its services with immediate effect by registered letter if the Customer does not remedy the reason for the suspension of services within fifteen (15) days after receipt of a notice of default by MobilityPlus. Such period for remedy should not be granted when remedy is reasonably impossible.
9.3. In the event of bankruptcy, judicial reorganization, and, insofar as permitted by law, similar collective arrangements with creditors, liquidation or dissolution of the Customer, the Services can be terminated immediately by registered notice.
9.4. Termination of the Services by MobilityPlus in accordance with the above paragraphs shall not entitle the Customer to compensation of any kind and shall not affect the obligation of the Customer to pay the sums due at that time.
9.5. The Customer may dissolve the Agreement if MobilityPlus culpably and severely or repeatedly breaches its obligations stated in the Agreement. Such dissolution shall only be possible after a notice of default has been sent by registered post giving MobilityPlus the opportunity to fulfil its obligations within a reasonable period.
9.6. If MobilityPlus can no longer meet its obligations under the Agreement during a period of two (2) months or more and this is due to a situation of bankruptcy or collective debt settlement, the Customer shall be entitled to terminate the Agreement immediately, unilaterally and without further notice by registered letter.
9.7. The termination of the contract shall result in the Customer no longer having access to his user profile and all MobilityPlus services. MobilityPlus undertakes not to delete the Customer's data for at least sixty (60) calendar days after de-activation in order to ensure correct data migration or simple reactivation. If the Customer does not react in time, the uploaded content may be immediately and irrevocably deleted after the expiration of the guaranteed period.
10.1 The prices, costs, fees and tariffs of MobilityPlus are expressed in Euros and exclude VAT and other taxes, duties, surcharges or contributions of any kind.
10.2. The price mentioned in the quotation for the purchase and installation of Charging Stations does not include the costs for:
10.3. MobilityPlus shall be entitled to adjust its subscription prices and transaction costs annually. If rates are adjusted during the Agreement, the adjusted rates will take effect one (1) month after the day on which the Customer was notified thereof, unless the notification specifies a later date of entry into force. If the Customer does not accept the adjusted rates, the Customer may terminate the Agreement within a period of one month after the notification. In the absence of notice within the month, the Agreement will continue under the adjusted rates. If the rate increase relates only to a particular service, the Customer's right is limited to the possibility of cancelling the relevant service in the same way and under the same conditions.
10.4. MobilityPlus reserves the right to modify discounts, ristornos, surcharges, premiums or additional costs at any time for the future.
I. Purchase and installation of Charging Stations
10.5. After acceptance of the quotation, MobilityPlus will invoice 40% of the price for purchase and installation of Charging Stations by way of advance payment, which must be paid by the Customer prior to installation of the Charging Stations. The remaining 60% will be invoiced to the Customer after Commissioning of the Charging Station/s.
II. Charging Services - subscription formula
10.6. Charging Services will be invoiced as follows:
III. Management services
10.7. The price of the chosen subscription formula linked to the Management Services shall be invoiced annually.
10.8. All amounts invoiced are payable within the period stated on the invoice and, failing such period, within 14 days of the invoice date, by one of the following means of payment:
MobilityPlus retains title to the goods until full payment of the purchase price by the Customer. The risks of damage or disappearance shall be borne by the purchaser. Advance payments may be kept to compensate for any loss on resale.
10.9. If a Customer chooses to pay by direct debit, prices normally invoiced annually may also be invoiced monthly at his request.
10.10. In the event of non-payment, in full or in part, on the due date, outstanding invoices shall, ipso jure and without prior notice, attract default interest at the rate of 12% per annum and the outstanding balance shall, after an unsuccessful notice, be increased by 10% of the invoiced amount, with a minimum of EUR 125, even in the event of granting periods of grace. In addition, the Fund Manager shall be liable for all collection, demand and procedural costs, including legal fees. Non-payment on the due date of a single invoice shall make the balance due of all other invoices, even those not yet due, immediately payable ipso jure.
10.11. The dispute of an invoice of MobilityPlus must be notified to MobilityPlus within eight (8) days after invoice date on penalty of inadmissibility. Every invoice shall be considered as accepted if no dispute has been raised within the deadline.
10.12. Moreover, unless expressly agreed otherwise, the non-payment of invoices on the due date shall entail that the execution of the services may be stopped if the outstanding and due amounts are not paid within 14 days following notification, and this with the retention of all advance and other payments already obtained; that all amounts still outstanding shall become immediately payable, whatever their modalities, including accepted bills of exchange; and that companies charged with the collection of debts shall intervene.
10.13. MobilityPlus shall be entitled to charge administrative costs for the sending of additional invoices, duplicates, payment plans, letters following late payment or if a direct debit order is refused by the bank and/or post office. The cost of a normal letter is eight (8) euros and fifteen (15) euros for a registered letter, without prejudice to MobilityPlus' right to demonstrate higher costs.
10.14. All invoicing is done digitally, except when the Customer has opted for invoicing by post. In the case of digital invoicing, the Customer receives his invoices by email to the email address he gave when placing the order.
11.1. If the Charging Stations or services are faulty or defective, the Customer can contact MobilityPlus customer service by telephone or e-mail according to the information on the website https://www.mobilityplus.be/en/contact . Customer Service is available on Business Days during Office Hours.
11.2. Customer Service shall endeavour to obtain repair of the defect or deficiency of the Charging Stations or services as soon as possible and to answer the Customer's questions. MobilityPlus always acts to the best of its ability and has therefore taken reasonable technical, non-technical, organizational and legal measures to ensure the continuity of its service as best as possible. However, the Customer expressly acknowledges and accepts that MobilityPlus cannot guarantee an uninterrupted accessibility of services in an absolute manner. The Customer shall only be entitled to rectification of defective services by means of a new performance.
11.3. For on-site and telephone assistance, the Customer shall pay a fee which shall depend on the type, scope and duration of the technical failure. The Customer can also conclude a separate service agreement with MobilityPlus for on-site assistance. These General Terms and Conditions shall not apply to this service agreement.
12.1. Provided that the Customer complies with the Agreement and has paid all amounts due, MobilityPlus grants the Customer for the duration of the Agreement a personal, non-transferable, revocable, non-exclusive, worldwide license to access and use the firmware of MobiityPlus and all software provided by MobilityPlus if applicable as well as the corresponding documentation, exclusively for the fulfilment of the Agreement. No license is granted to source code of any kind.
12.2. The fulfilment by MobilityPlus of its obligations and the payment by the Customer of fees and costs due under this Agreement shall not result in a transfer of any Intellectual Property Rights to the Customer.
12.3. All Intellectual Property Rights relating to works created by MobilityPlus or its employees or subcontractors whether in the performance of the Agreement or otherwise, such as software, materials, documents, drawings, technology, processes, skills, know-how and information relating to the Charging Stations or the Services, shall be held exclusively by or licensed to MobilityPlus and/or its respective licensor.
12.4. Except to the extent permitted by mandatory applicable law or expressly provided in the Agreement, Customer shall not, directly or indirectly, in any form (electronic, paper, on a computer screen, screenshots, etc.), discover the Software (being the source code, object code or underlying structure, ideas or algorithms of the MobilityPlus platform, the Services or any software, documentation or data related to or provided with the Services, including, without limitation, the software that operates the platform or the Charging Stations, licensed API information, interfacing software, firmware and app code): (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover, (b) modify, copy (except for archival purposes), translate, or create derivative works based on the Charging Stations, MobilityPlus platform, services, or Software, (c) rent, lease, distribute, pledge, assign, or otherwise transfer or assign the rights to the Charging Stations Services or Software, (d) use or access the Services to build or support, and/or assist a third party to build or support, products or services that are competitive with e-MobilityPlus, and (e) remove any proprietary notices or labels from the Charging Stations, Services or Software.
12.5. Any breach of this clause shall entitle MobilityPlus to proceed to the immediate suspension and/or termination of the Agreement, without prior notice or judicial intervention. Such breach shall automatically give rise to damages payable to MobilityPlus by the Customer, estimated at a flat rate of 2,500 euros, without prejudice to MobilityPlus' right to claim a higher sum corresponding to the damage actually sustained.
12.6. Within the limits of this Agreement, MobilityPlus shall indemnify, defend and hold the Customer harmless against any damage, costs and expenses incurred by the Customer as a result of any claim by a third party that any part of the Charging Stations or services, when used within the framework of this Agreement, infringes any Intellectual Property Rights or other rights of a third party, provided that Customer shall promptly notify MobilityPlus by certified mail of such claim within ten (10) Business Days after becoming aware of such claim and shall assign control of the defense and settlement of such claim to MobilityPlus at MobilityPlus' expense and with MobilityPlus' choice of counsel. Customer shall reasonably cooperate with MobilityPlus in the defense or settlement of any such claim.
12.7. The Customer further represents that it holds the necessary rights and/or permissions over the Intellectual Property Rights vested in the content and materials provided by it. The Customer grants MobilityPlus a non-exclusive, free of charge, transferable licence to use, reproduce, process and communicate these contents and materials to third parties to the extent necessary for performance of the Agreement. The Customer undertakes that its actions do not in any way infringe the Intellectual Property Rights of any other party. If the Customer commits an infringement in this area, these cannot in any case be attributed to MobilityPlus. Possible factual or legal consequences shall be borne entirely by the Customer. MobilityPlus expressly asks for the cooperation of the Customer to communicate any violations of Intellectual Property Rights to them so that MobilityPlus is able to take appropriate actions.
12.8. If any component of the Charging Stations or Services is either (a) the subject of a claim for such infringement and MobilityPlus reasonably determines that infringement is likely, or (b) if a court judgment not subject to appeal finds that such infringement has occurred, then MobilityPlus may, at its option and expense, (i) acquire for Customer the right from such third party to use the component or (ii) replace or modify the component with other suitable and reasonably equivalent components so that the component becomes non-infringing.
13.1. The Parties shall process all personal data under this Agreement in accordance with data protection legislation.
14.1. Each Party acknowledges that it may receive or have access to confidential information from the other Party in connection with this Agreement. The Receiving Party shall keep confidential and secure the Confidential Information of the Disclosing Party and protect it from unauthorized use or unauthorized disclosure by exercising at least the same care as the Receiving Party exercises to prevent unauthorized use or unauthorized disclosure of its own Confidential Information of a similar nature, but in no event less than reasonable care.
14.2 The obligations set forth in Section 14.1 shall be for the duration of this Agreement and shall continue for five (5) years after termination of this Agreement, regardless of cause.
15.1. Without prejudice to the legal rights of consumers, the liability of MobilityPlus and the right of the Customer to seek remedy in the event of defects in the Loading Stations, the MobilityPlus platform, the Software, applications, documentation and services are limited to remedy of the defect or to offer a work-around. If MobilityPlus is unable to do so, the Customer shall only be entitled to compensation of the damage actually incurred due to the defect and this within the limits stated below.
15.2. To the extent permitted by law, MobilityPlus shall not be liable for any indirect or consequential damage, such as, but not limited to, financial or commercial losses, loss of profit, missed savings, loss of customers, fines, loss of programs or data, increase in overheads, increased personnel costs, reputational damage, moral damage, damage resulting from legal or administrative sanctions against the Customer, even in cases of gross negligence, and regardless of whether this damage results from a contractual fault, negligence or tort.
15.3. Except in the case of fraud or gross negligence, the total aggregate contractual and extra-contractual liability of MobilityPlus shall be limited to the amount excluding VAT paid by the Customer for the Charging Stations and services in the six (6) months preceding the event giving rise to liability.
15.4. Neither Party shall be liable for any damages arising from this Agreement unless it has received written notice of the claim for damages by registered mail within one (1) year after the other Party knew or reasonably should have known of the circumstances giving rise to the claim.
15.5. MobilityPlus shall only be liable for damage or loss which the Customer proves to have been directly caused by MobilityPlus' fault, which the Customer could not prevent or limit by itself and which MobilityPlus does not remedy within thirty (30) days after receipt of a notice of default, without prejudice to any other agreed resolution periods. MobilityPlus shall not be liable for any interpretation or use made by the Customer of the data it makes available.
15.6. MobilityPlus shall not be liable for any infringement of Intellectual Property Rights arising out of or caused by (a) the use or copying of any component by Customer after MobilityPlus has issued a written notice to Customer requesting Customer to cease using such component, (b) the use of the component in combination with any software or other component not supplied by MobilityPlus, and (c) any version of the component for which updates, fixes or revisions have been made available by MobilityPlus to the Customer if such infringement would have been prevented by the installation and use of such updates, fixes or revisions.
15.7 The Customer undertakes not to use the Charging Stations, the MobilityPlus platform, the application(s) and services in any way that is illegal or dangerous, or that would create any risk to the security or integrity of any property or the physical integrity of any person. MobilityPlus shall not be liable for any damages based on or resulting from illegal, dangerous or reckless use of the Charging Stations, MobilityPlus platform, application or services.
15.8. MobilityPlus shall not be liable for any damage caused by erroneous data received from the Customer or any third party, which are processed in, or used in the framework of the Services.
15.9. MobilityPlus can never be held liable for damage that follows in whole or in part from external factors, defective performance of third parties or actions/omissions of the Customer or third parties, such as but not limited to:
15.10. If the Customer compromises the liability of MobilityPlus by a contractual or extra-contractual default, it shall take all necessary measures to indemnify MobilityPlus against any possible claims and damage which MobilityPlus may incur as a result.
16.1. The parties are not bound to their obligations in case of force majeure. This refers to any situation that was unforeseeable in advance, or reasonably insurmountable if it were foreseeable, which prevents a Party from fulfilling its contractual obligations in a reasonable manner, or can only be fulfilled with serious losses or difficulties, thus drastically changing the economics of the contract. Force majeure is interpreted in the broadest sense and also includes acts of third parties. The following are examples of force majeure that release MobilityPlus from its contractual obligations: war, embargoes, riots, blockades, civil disturbances, acts of violence, acts of terrorism, technical power shortages due to infrastructure at national or European level, strikes, fires, flooding, explosions, natural disasters, pandemics.
16.2. In the event of force majeure, all obligations of the Parties arising from this Agreement shall be suspended in whole or in part for as long as the force majeure situation lasts. The Parties are hereby not obliged to pay any form of compensation.
16.3. As soon as it appears that the force majeure is of a permanent nature and lasts for more than ninety (90) days, each Party shall be entitled to terminate the Agreement immediately by registered letter, without judicial intervention and without this giving rise to any right to compensation on the part of the other Party. Services already provided by MobilityPlus shall in that case be invoiced proportionally to the Customer.
17.1. Only a Consumer has a period of 14 days to withdraw from a Distance Contract relating to the purchase of goods or services without giving reasons.
17.2. The period of 14 days starts on the day the goods are delivered or, in the case of services, the Agreement was concluded. The Consumer must unambiguously inform MobilityPlus by email (at the following address email@example.com) of his/her decision to withdraw from the purchase of the goods or services before the period of 14 days has expired. The Consumer will then receive instruction on how to return, at his/her expense, the Charging Card to MobilityPlus. The Customer may also revoke the Distance Contract by completing the model revocation form, accessible on [website] and transmitting it by e-mail (firstname.lastname@example.org) to MobilityPlus within the revocation period.
17.3. If the Consumer has allowed the provision of services to begin during the withdrawal period, he/she shall pay an amount which is either proportional to what has already been provided at the time of the withdrawal compared to the full performance of the contract or, where possible to identify it, corresponds to the specific services purchased.
18.1. MobilityPlus may at any time transfer or sub-contract all or part of its rights and/or obligations under the Agreement to a third party without the consent of the Customer. This transfer or subcontracting cannot, however, have the effect of reducing the guarantees of the Customer. This can be done without the consent of the Customer and without any compensation.
18.2. The Customer can only transfer its rights and/or obligations arising out of the contract, in whole or in part, to a third party with the prior written consent of MobilityPlus and provided that both the Customer and the transferee have duly completed and signed the transfer form provided for this purpose to MobilityPlus.
19.1. The Agreement and all possible disputes arising therefrom shall be exclusively governed by Belgian law, to the exclusion of any conflict of law rule under which the law of another jurisdiction would be applicable, and to the exclusion of the Vienna Sales Convention.
19.2. Any form of dispute, disagreement or claim arising from or related to the Agreement, or the non-performance, termination or invalidity thereof, may only be submitted to the Corporate Court of Ghent, Ghent Division for commercial matters, or in civil matters to the competent court of the judicial district of East Flanders, Ghent Division. However, if a Consumer is involved in the dispute, the court of the domicile of (one of) the defendant-Consumer will be competent.
20.1. Notices to be given under this Agreement shall always be addressed to MobilityPlus using the contact details provided on the website: https://www.mobilityplus.be/en/contact . Notices required by this Agreement to be given "in writing" may also be given by e-mail, with the exception of notices required to be given by registered post.
20.2. The Customer authorizes MobilityPlus to refer to the Customer as MobilityPlus customer in respect of potential customers and, for this purpose, to mention the logos and company name of the Customer on its website, in brochures, at trade fairs and in presentations.
20.3. Delivery dates mentioned in the Agreement or any other document are only indicative and not binding. Delivery dates may depend on the availability of parts. MobilityPlus shall not be liable for any damage resulting from late delivery.
20.4. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior statements, documents, publications, negotiations and agreements, written or oral, between the Parties with respect to the subject matter of the Agreement.
20.5. MobilityPlus shall act as an independent contractor in the performance of the Agreement. Nothing in the Agreement shall be interpreted so that MobilityPlus would be an agent of the Customer, or the Parties would form a partnership or commercial cooperation agreement.
20.6. The nullity, non-applicability, invalidity or unenforceability of any provision or part of a provision of the Agreement shall not affect the operation of the remaining provisions. Such a provision stands autonomously with respect to the other provisions, without affecting the remaining provisions in terms of validity or enforceability. The disputed provision shall be deemed to be inapplicable and shall be replaced by the Parties with a provision which corresponds as closely as possible to the objective and spirit of the provision concerned, the intention of the Parties and the economic balance of the Agreement. (Sub) Titles in this Agreement have a purely illustrative value.
20.8. The failure of either Party to insist upon strict compliance by the other Party with any obligation under this Agreement, regardless of the duration of such failure, shall not constitute a waiver of its right to require strict compliance in the future.
20.9. The Customer declares to have provided MobilityPlus with all the required information prior to the acceptance of the Service by MobilityPlus. The Customer shall immediately notify MobilityPlus in writing of any change in the information which he has declared to MobilityPlus at the conclusion of the Agreement or thereafter (e.g. new address, new company name or new bank direct debit account number). Costs arising from non-compliance with this obligation shall be payable in full by the Customer.
20.10. MobilityPlus reserves the right to modify the General Conditions and the modalities of service at any time. In this case, MobilityPlus shall inform the Customer of the modified General Conditions at least one (1) month before they come into effect. If these modifications are to the disadvantage of the Customer, the Customer shall be entitled to terminate the contract with MobilityPlus, subject to notification by registered letter within the month following notification of the modification of the General Conditions. This termination shall not give rise to any rights to compensation, subject to the payment by each Party to the other of all sums already due.