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PUBLIC OFFER

for the provision of services to individuals for charging electric vehicles at the forEVo charging station network.

This Agreement, in accordance with Article 396 of the Civil Code of the Republic of Belarus, is a public contract and is posted on the official website of the Limited Liability Company "ChopperPlus" (hereinafter referred to as the Operator) at the following address: https://www.forevo.by. It defines the procedure for providing services for charging electric vehicles to users of the forEVo charging network who have accepted (accepted) the public offer (offer) to conclude this Agreement.

1. TERMS, DEFINITIONS, AND ABBREVIATIONS

Bank Payment Card (hereinafter - BPC) - a personalized plastic card with a magnetic stripe or chip module, which serves as the key to access the management of a bank account and provides its owner with the opportunity to make non-cash payments for goods or services in various trading and service enterprises that accept cards for payment, receive cash at bank branches and ATMs, as well as enjoy other advantages.

Internal Balance - the money available in the User's account in the Application, which the User can spend on paying for the Services.

Charging Session - the process of receiving the Service, during which the electric vehicle battery is charged, and which lasts from the moment the electric vehicle battery charging starts until the moment it stops charging.

Mobile Application (hereinafter - Application) - software designed to work on smartphones, tablets, and other mobile devices, providing the ability to use the EV charging, pay for the Services, receive statistical information, and other service (informational) support.

Partner - a legal entity that owns the Application.

Payment - the crediting of funds to the Internal Balance and/or the debiting of funds from the BPC.

User - an individual who uses the Application to receive the Service, accepts the terms of this Agreement, and registers in the Application.

Electricity Meter - a device for measuring and recording the amount of electricity transferred during the charging session and determining the volume of the Service provided to the User at the tariff rate per kWh.

Website (forevo.by) - a set of files, text, graphics, and other information placed on the Internet and application software that provides Users with access to this information.

forEVo Charging Station Network (hereinafter - EVCS Network) - a network of all EVCSs, the list of which is published on the Website, designed for charging electric vehicle batteries.

Technical Support Service - a service that provides technical support to users through a special section in the Application, as well as by phone, indicated on the Website and/or at the location where charging Services are provided.

Service Cost - the amount of monetary compensation due to the Operator for the services provided to the User.

Tariff - the amount of monetary compensation established by the Operator for 1 kWh of the provided Service.

Service - the result of activities related to charging the User's electric vehicle battery at the Operator's charging stations using the Application, expressed in kWh. The Service is not the supply, sale, or resale of electricity and does not require licensing.

Electric Charging Station (hereinafter - EVCS) - a device for charging electric vehicle batteries, performing charging with alternating and/or direct current using a special connector.

Electric Vehicle - a mode of transportation propelled solely by an electric motor powered by an internal rechargeable source of electricity.

Other terms are used in their ordinary sense, and any interpretation is based on commonly accepted meanings.

2. GENERAL PROVISIONS

2.1. The publication of this Agreement on the Operator's website and/or in the Application constitutes an offer to conclude an Agreement (offer). The Agreement is concluded by the User's acceptance (acceptance) of the public offer (offer) without any exceptions or reservations. The use of the Application confirms that the User has accepted all the terms of this Agreement.

2.2. The terms of the Agreement are considered accepted (acceptance received) after the User fills out the registration form in the Application and clicks the "Done" / "Accept and Continue" button. The User is considered to have accepted the terms of the Agreement in full without any reservations or exceptions from this moment.

2.3. Any changes to the terms of this Agreement are made unilaterally by the Operator by posting a new version of the Agreement on the Website and/or in the Application. The new terms of service take effect from the moment the new version of the Agreement is posted, unless otherwise specified. The Operator may unilaterally change the terms of this Agreement but always notifies Users of significant changes. If the User disagrees with any changes in the terms of this Agreement, the User is obliged to terminate the Agreement.

3. SUBJECT OF THE AGREEMENT

3.1. The Operator organizes the provision of Services in the EVCS Network (indicated on the Website and in the Application), and the User accepts and pays for the Service in the manner and under the conditions provided by this Agreement and within the time frames established by this Agreement.

3.2. Payment for the Service is made through the Application using international payment cards Visa / MasterCard, Belkart, MIR. Payment can be made in one of the following ways:

  • After the end of the charging session, by debiting funds from the BPC.
  • On a prepayment basis, by topping up the User's Internal Balance. Topping up the internal balance is done by the User in the Application. After the end of the charging session, the User's internal balance is reduced by an amount equal to the cost of the provided Service. Installment payment cards for paying for the Service and topping up the Internal Balance are not accepted.

3.3. The volume of the provided Service is determined by the electricity meter installed in the EVCS, and the User fully trusts it and accepts the volume of the Services provided. The amount of electricity received as determined by the electric vehicle does not serve as the basis for determining the volume of the Services provided and billing for them.

3.4. The funds received from the User as payment for the Services on the Operator's bank account are fully at the discretion of the Operator.

4. OBLIGATIONS OF THE PARTIES.

4.1. The Operator undertakes to:

4.1.1. Organize the provision of the Service on E3S when there are sufficient funds available on the User's BP and/or internal balance to provide the Service.

4.1.2. Keep records of the Services provided on E3S through the Application.

4.1.3. Organize technical support for Users. Ensure regular technical maintenance and testing of the E3S, their repair without undue delay. Inform the User about the repair or maintenance of E3S on the Website.

4.2. The Operator has the right to:

4.2.1. Unilaterally, independently, based on market conditions and/or personal understanding, introduce additional paid services or change the tariff for existing Services by making changes to the Contract and updating the information on the Website and in the Application.

4.2.2. Unilaterally refuse to perform this Agreement at its discretion, as well as in case of reasonable grounds (recorded by the Operator, financial institutions, payment-receiving companies) to believe that the User has taken actions aimed at deteriorating the quality of the Services, the reputation of the Operator, causing damage to the property, equipment, software of the Operator, used stolen funds, and/or engaged in fraudulent payments.

4.2.3. Interrupt the provision of Services in the event of preventive or repair work (technical maintenance of E3S).

4.2.4. Interrupt the provision of Services to the User in case of using a malfunctioning (substandard, uncertified) electric vehicle (charging cable, adapter) until the User fixes the corresponding defects.

4.2.5. Charge the User an additional fee according to the current tariffs for non-disconnection of the electric vehicle from E3S (failure to return the charging cable of E3S to the respective holder) within 10 minutes after the end of the charging session.

4.2.6. At the discretion of the Operator, engage third parties for more efficient provision of Services, based on Contracts or by other methods not prohibited by the laws of the Republic of Belarus.

4.2.7. Rearrange the location of E3S, increase or decrease their number.

4.2.8. Not return the debited Cost exceeding the actual volume of Services provided when calculating by kW*h in case of a system malfunction and failure to report it to the Technical Support Service by the User within 10 days.

4.2.9. At its discretion, provide video surveillance of E3S and data storage, insure property or liability to third parties, provide WiFi access to E3S, and so on.

4.2.10. Take any actions or a combination of actions related to the collection, registration, accumulation, storage, adaptation, modification, updating, use, and dissemination, anonymization, destruction of User's personal data and/or collect, store, modify, use, distribute (implement, transmit) information that has become known for the protection of its rights and legitimate interests in the courts and other law enforcement authorities.

4.2.11. Collect and process data both on the territory of the Republic of Belarus and abroad, including in cloud services.

Subject of the contract

4.3.1. To receive the Service on E3S, register in the Application.

4.3.2. Ensure the confidentiality of registration data (received passwords, identification numbers, etc.), as well as bear full material and financial responsibility for all actions taken using the personal account in the Application.

4.3.3. Accept the payment conditions established by this Agreement.

4.3.4. Comply with the terms of this Agreement and adhere to the requirements of the current legislation of the Republic of Belarus.

4.3.5. Before receiving the Services, carefully read this Agreement and the tariffs for the Services.

4.3.6. Use for payments the payment means of which the User is the exclusive owner on legal grounds;

4.3.7. After completing the receipt of the Service, disconnect the electric vehicle from E3S and free up the parking space for the charging of electric vehicles of other Users.

4.3.8. Immediately (at the first opportunity), but not later than 24 hours, report to the Technical Support Service about the fact of receiving and/or using the User's login/password by a third party.

4.3.9. Do not use substandard (emergency) electric vehicles and charging cables (adapters) for charging on E3S that do not meet existing international standards or are uncertified, or are self-made modifications of power supply systems, etc., that were not provided by the respective manufacturer.

4.3.10. If the design of a slow E3S does not include a charging cable, the User must use their own charging cable that complies with the requirements of section 4.3.9 of this Agreement to receive Services at that E3S.

4.3.11. When using a built-in charging cable in the charging station, after the end of the charging session, place the connector of the charging cable in the respective holder on the E3S.

4.3.12. Handle E3S with care and leave the location where the Services were provided in an aesthetically proper condition.

4.3.13. Do not damage the property, software, and reputation of the Operator, as well as the location of the service provision.

4.3.14. Do not transfer their rights and obligations to other persons, including not providing the opportunity for others to receive Services on behalf of the User.

4.3.15. Use E3S solely for the purpose of charging the batteries of electric vehicles, avoid causing damage to property, injuries, or harm to the health of the User and third parties.

4.3.16. Immediately (at the first opportunity), inform the Operator about any structural violations or damage to E3S in the Operator's network, incorrect operation of E3S and the Application, or other problems encountered by the User or that become known during the receipt of services.

4.3.17. Use the E3S Network without restricting the rights of other Users and without hindering them from receiving Services.

4.3.18. Respect and follow the instructions and guidance of the personnel and/or employees of the Operator or Partner, and be available by phone, as specified in the User's account, for communication with the Operator during the use of the E3S Network when necessary.

4.3.19. Inform the Operator of any obstacles that may prevent the Operator from properly fulfilling the terms of this Agreement.

4.3.20. Ensure that the peripheral equipment used by the User (including mobile phones or computers) and connections are sufficiently secure from unauthorized use by third parties and viruses.

4.3.21. Perform and undergo technical (service) maintenance of the electric vehicle in accordance with the manufacturer's recommendations. Ensure that the electric vehicle and the charging cable used for it comply with the requirements of the current legislation of the Republic of Belarus and international technical standards.

4.3.22. Be responsible for and bear full liability for all damages resulting from the use of a malfunctioning electric vehicle or charging cable (User) when receiving Services.

4.3.23. Allow the Operator to send news, information emails, and promotional materials for all offered Operator Services to the User's email address and mobile phone number provided during registration.

4.4. The User has the right to:

4.4.1. Receive comprehensive up-to-date information on tariffs and the provision of Services on the Website and/or in the Application from the Operator free of charge, with communication services being paid for by the User.

4.4.2. Receive the paid Service with quality, which depends on the technical condition of the electric vehicle, the parameters of the power system, and other factors.

4.4.3. Unilaterally terminate this Agreement at any time, provided there are no unfulfilled obligations of the User to the Operator.

5. PRICES AND DOCUMENT FORMATION PROCEDURE

5.1. The cost of the Service corresponds to the current Tariffs at the time of the provision of the Service and the volume of the Service provided.

5.2. Information about the current Tariffs is posted on the Operator's Website and in the Application.

5.3. The Operator does not store data about the User's BP. Payment is made through a certified payment provider, bePaid.

5.4. To receive the Service, the User must pay the Operator the cost of the service, which is calculated in accordance with the current Tariff and the volume of the Service requested by the User.

5.5. The Operator reserves the right, at its discretion, to provide individual or as part of a broader campaign, a full or partial discount on the payment of Services for the selected User and/or Users.

5.6. The amount of electrical energy consumed during the provision of the Service, intended for the calculation of the Cost of the Service when charging per kW*h, is determined by the devices for measuring electrical energy installed in E3S. By this Agreement, the User is informed that the Operator is not an electricity supplier but provides a Service. Information about the amount of electricity used, as determined by electricity metering devices, is available to the User after the completion of each Charging session on the display of E3S and/or in the Application.

5.7. The Operator may compile a primary accounting document (PAD) on the Services provided for the reporting period, which is a calendar month, individually, in accordance with the Resolution of the Ministry of Finance of the Republic of Belarus dated 12.02.2018 No13 "On the Individual Preparation of Primary Accounting Documents" (as amended by the Ministry of Finance Resolutions of 10.08.2018 No58, 08.06.2020 No33). The date of the PAD is the last calendar day of the month in which the Service was provided.

6. LIABILITY OF PARTIES

6.1. The Operator shall not be liable for any material and/or financial damages caused by the incorrect functioning and connection failures during the operation of the Application, resulting from the malfunction of the mobile device that provides the use of the Application to receive charging Services, as well as due to technical and other issues.

6.2. The Operator is not responsible to the User for any damage caused by the use of the E3S Network in case of the User's failure to timely perform technical maintenance of the electric vehicle at the official dealer, if structural changes have been made to the electric vehicle by an unofficial service center, if the electric vehicle is not intended for operation in the given region, if post-accident repair (recovery) of the electric vehicle is performed by an unofficial service center, and the Operator is not responsible for the direct or indirect expenses of the User related to the non-operation of the E3S Network due to technical maintenance of the E3S, performance of repair works, and other regulatory and non-regulatory works. The Operator is not responsible for the failure to fulfill its obligations under this Agreement, provided they were not fulfilled for objective reasons and/or due to the occurrence of force majeure circumstances in accordance with this Agreement.

6.3. The Operator shall not be liable for the unauthorized receipt of the Service on the E3S using the User's account in the Application.

6.4. The Operator shall not be liable for any consequences of the User using the Application (including liability for the transfer and use of the User's personal data transmitted by the User during registration in the Application by third parties), as well as for any damage and/or lost profits caused to the User or any third party as a result of such use or inability to use the Application.

6.5. The Operator is not responsible for the quality of publicly available communication channels and interruptions in the power grid, as well as data transmission networks, used to access the Services, for the condition and performance, repair, and maintenance of any hardware and software not within its control;

6.6. The Operator is not responsible for the consequences of the User disclosing their login and/or password;

6.7. The Operator is not responsible for the inability to receive the Service or any information from the Operator due to incorrect data entered by the User during registration and/or BP data in the Application:

6.8. The Operator is not responsible for the influence of deviations from the normal parameters of the power grid and the technical condition of electrical networks of third parties on the operation of E3S and the quality of the Services provided;

6.9. The Operator guarantees the ability of E3S to deliver the declared power current, but is not responsible for the quality and speed of charging in case of peculiarities, malfunctions, or defects of the User's electric vehicle, including those related to the condition of the battery, electric vehicle charging port, the corresponding controller, the User's charging cable, etc., and/or in case the User's electric vehicle is unable to accept the power current supplied by E3S as a result of the internal control system of the electric vehicle.

6.10. The Operator is not responsible for the inability to perform the Charging session in case the User lacks the necessary charging cable for charging the electric vehicle at the Operator's E3S;

6.11. The Operator is not responsible for the negative consequences arising from the User's use of their own charging cable (for the harm caused to the User's or third parties' health, damage to the property of the User or third parties, etc.);

6.12. The Operator is not responsible for the inability to access E3S in case of obstructions to access by other means of transport or in case of the untimely release of the charging port by other electric vehicles.

6.13. The Operator is not responsible for the safety of the electric vehicle and/or other property of the User during the provision of services and/or when parking in a parking space near E3S.

6.14. The Operator is not responsible for any indirect negative consequences (including financial losses of the User) related to the non-operation of the E3S Network due to technical maintenance of the E3S, performance of repair works, and other regulatory and non-regulatory works.

6.15. The Operator is not responsible for the non-provision and/or provision of substandard Services in the required volume in the following cases:

  • due to defects or improper technical condition of the User's electric vehicle, or its accessories/components.
  • for incorrect input of payment data by the User when paying for the Service;
  • the fault of a third party that caused damage, malfunction, or theft of the Operator's E3S and cables in the Operator's E3S Network;
  • User's failure to fully comply with the terms of this Agreement in accordance with the applicable laws of the Republic of Belarus;
  • events/circumstances beyond the Operator's control that could impact change;
  • making changes to the structure of the electric vehicle by an unofficial service center (dealer center);
  • the presence of damage and/or technical malfunctions of the electric vehicle;
  • post-accident repair (restoration) of the electric vehicle by an unofficial service center (dealer center);
  • if the electric vehicle is not intended by the manufacturer for operation in this region;
  • damage to the electric vehicle's charging port or adapter when disconnecting the connector from the station and the adapter, or the station connector and the electric vehicle's charging port. Without completing the Charging session in the Application;
  • damage to the electric vehicle's charging port or adapter while performing any manipulations with the charging cable, connector, adapter, without completing the Charging session in the Application.

6.16. The User is responsible for;

6.16.1. Damage caused to property, equipment, and the place of service provision, including damage caused by using a defective (poor quality, uncertified) electric vehicle (charging cable, adapter). In case of the User's fault, the User compensates for the amount of the damage caused. The provision of the Service to the User is terminated until full compensation of the damage.

6.16.2. The confidentiality and security of personal data and other information required for access and performance of operations in the Application, as well as for losses that may occur as a result of failure to comply with requirements for the safety and confidentiality of such information;

6.16.3. Unauthorized access by third parties to the use of the Application from the User's account as a result of the intent or negligence of the User himself and for all consequences caused by such unauthorized access.

6.16.4. The accuracy, relevance, completeness, and compliance with current legislation of the data provided during registration and payment. In case the User provides data that do not comply with the first part of this subparagraph, the Operator is not responsible for the fulfillment of its obligations regarding the processing of personal data or any other damage that may be caused to the User in this regard.

6.16.5. Damage to the station connector when disconnecting the connector from the station and the adapter, or the station connector and the electric vehicle's charging port, without completing the Charging session in the Application.

6.16.6. Damage to the E3S connector when performing any manipulations with the charging cable, connector, adapter, without completing the Charging session in the Application.

7. ADDITIONAL TERMS

7.1. Amendments or additions to this Agreement are published on the Website.

7.2. Due to objective reasons or changes in legislation related to the provision of the Service, the Operator reserves the right to unilaterally restrict (suspend) the organization of the provision of the Service.

7.3. All claims, disputes, or disagreements arising under this Agreement shall be resolved through negotiations. Written appeals (claims) to the Operator are sent by the User to the email address forevo@a-100.com or to the legal address of the Operator as specified in Section 12 of this Agreement. In such an appeal (claim), the User must specify the postal address and/or email address to which the Operator should provide a response within the timeframes established by the law.

7.4. In case of failure to reach an agreement, disputes are resolved in court in accordance with the current legislation of the Republic of Belarus.

7.5. Disputes regarding the execution of the Agreement shall be resolved in the Economic Court of the Minsk Region in accordance with the current legislation of the Republic of Belarus.

7.6. By this Agreement, the User consents to the processing of their personal data in accordance with the Law of the Republic of Belarus "On the Protection of Personal Data."

7.7. Technical support phone number: - for E3S operation: +375 44 702-54-91.

8. OPERATING RULES FOR E3S

8.1. It is strictly prohibited to violate the integrity of E3S, penetrate inside E3S, connect any electrical equipment to E3S except electric vehicles, perform any actions not provided for by the direct purpose of E3S for charging electric vehicle batteries.

8.2. After receiving the Service, disconnect the electric vehicle from E3S and vacate the parking space for the charging of electric vehicles by other Users.

8.3. Do not use malfunctioning (emergency) electric vehicle charging cables (adapters) that do not comply with existing international standards or are uncertified, or are homemade modifications of power supply systems, etc., not provided by the respective manufacturer.

8.4. If the design of a slow E3S does not provide for the presence of a charging cable, the User must use their own charging cable that complies with existing international standards, is certified, and is not a homemade modification of power supply systems, etc., not provided by the respective manufacturer to receive the Service on such E3S.

8.5. When using the built-in charging cable in E3S, after the Charging Session is completed, place the charging cable connector in the corresponding holder on E3S.

8.6. Handle E3S carefully and leave the place where the Service was provided in an aesthetically proper condition.

8.7. Do not cause harm to the property, reputation of the Operator, and the place of service provision.

8.8. Use E3S exclusively for the purpose of charging electric vehicle batteries, avoid causing damage to property, injuries, or harm to the User and third parties' health.

8.9. Immediately (at the first opportunity) inform the Operator of any structural violations or damage to E3S in the Operator's network, incorrect operation of E3S, or other issues that the User encounters or becomes aware of during the provision of the Service.

8.10. Use the E3S network without limiting the rights of other Users and without preventing them from receiving the Service.

8.11. Respect and follow the instructions and directions of the Operator's or Partner's staff or employees, and be reachable by phone as indicated in the User's account for communication with the Operator when using the E3S network, when necessary.

8.12. Inform the Operator of any obstacles that may hinder the Operator's proper performance of the terms of this Agreement.

8.13. Ensure that the peripheral equipment used by them (including mobile phones or computers) and their connections are sufficiently safe from unauthorized use by third parties and viruses.

9. FORCE MAJEURE CIRCUMSTANCES

9.1. The Parties are exempt from liability for partial or complete non-performance of obligations under this Agreement if the non-performance is a result of force majeure circumstances that arose after the conclusion of this Agreement, which the Parties could not foresee or prevent by reasonable measures. Such circumstances include extraordinary natural events, as well as war, military actions, other events of public life, acts or actions of state authorities of the Republic of Belarus that directly prevent the Parties from fulfilling their contractual and other related obligations. The document confirming the action of force majeure circumstances will be an act (certificate) of the Belarusian Chamber of Commerce and Industry.

10. AGREEMENT TERM

10.1. This Agreement is considered concluded from the date of the User's registration in the Application and is valid indefinitely until terminated in accordance with this Agreement.

10.2. Termination of this Agreement is carried out by deleting the User's account from the Application. The User's account may be deleted by the technical support service independently or at the User's request.

11. CONFIDENTIAL INFORMATION

11.1. The Parties consider the information they receive as confidential and undertake not to disclose the following information: the login and password of a registered client, or access to the User's account, the User's personal and payment data.

11.2. The disclosure of personal and confidential User information is not considered in the following cases:

11.2.1. Legal requirements of tax, judicial, and other law enforcement agencies;

11.2.2. Reorganization of the Operator's legal entity;

11.2.3. Sale of the Operator's company or business to other legal entities.

11.3. By accepting the terms of this Agreement, the Parties confirm their understanding of all the negative consequences of disclosing the specified information.

The Operator processes certain User data, including personal information, when providing services in accordance with the current legislation of the Republic of Belarus, including GDPR, in the processing of personal data.

12. Operator Details

LLC ChopperPlus

(resident of the Republic of Belarus)

223053, Minsk Region, Minsk District, Village Borovaya, House 7, Office 28

TIN 692155036

Email: forevo@a-100.com