Public offering
ELECTRIC TRANSPORT CHARGING PROVISION OF ACCESSIBILITY SERVICES GENERAL TERMS AND CONDITIONS OF THE AGENCY AGREEMENT
SECTION 1
Subject
1.1 These public terms and conditions define the general terms and conditions for the provision of services ( hereinafter referred to as the Agency Services ) for providing access to charging for electric vehicles by “Eco Cars” Limited Liability Company ( hereinafter referred to as the Agent) and constitute the terms and conditions for the provision of charging services for electric vehicles. Public offer to conclude an agency agreement for the provision of security services ( hereinafter referred to as the Agency Agreement or the Terms) in accordance with the provisions of Articles 453 and 454 of the Civil Code of the Republic of Armenia, taking into account the provisions of Chapter 42 of the Civil Code of the Republic of Armenia .
Within the framework of this agreement, the Agent acts on behalf of the Principal and at the Principal's expense.
This public agreement is considered an Agency Agreement.
SECTION 2
Definitions used
2 ․ 1 Agent: "Eco Cars" Limited Liability Company operating under the "EcoCars" trademark.
2.2 Agent's website: The Agent's official website: www.ecocars.am .
2.3 EcoCars application domain, through which the Principal instructs the Agent to perform specified and permitted actions, changes, as well as to familiarize himself with the Agency's Information and changes related to the provision of services and Electric Vehicle Charging Services .
2.4 Contact Center: A specialized division of the Agent, where by calling and/or submitting a written request and passing appropriate identification, the Principal can obtain information about the Agency services provided to him, Electric Vehicle Charging Services, calculated fees, additional services provided, as well as the Agency receive technical support, if necessary, regarding the reasons for the termination of services,
2.5 Agency Agreement: a set of documents specified in Chapter 4 of these Terms, which is concluded with the Principal when the latter expresses a desire to use the services provided by “Eco Cars” LLC.
2.6 Principal: any person who intends to charge an electric vehicle and has entered into an Agency Agreement.
2.7 Party(ies): Agent and/or Principal.
2.8 Billing System: an automated system through which the type, volume, and cost of Agency Services provided to the Principal are recorded, mutual settlement acts are formed, Principals' debts, payments received are calculated, and summary results (statement) are presented.
2.9 Mutual Settlement Act: An analytical calculation register in the Billing System, which is used to record the volumes of Services provided to the Principal during the Billing Period and the payments collected for them, and is submitted to the Principal for payment.
2.10 Billing Period: a calendar month during which services were provided to the Principals.
2.12 Personal Page: The Principal's personal page/domain in the EcoCars application, through which the Principal can manage the Agency services and Electric Vehicle Charging Services.
2.13 Password: A combination of letters, symbols and/or numbers determined by the Principal to use certain types of Agency Services, as well as to access the Personal Page, which is used to identify the Principal.
2.14 Personal data: the Principal's name, surname, telephone number, email address and, if necessary and at the request of the Agent, the year, month and date of birth provided by the Principal, other data from the identification document that allow or may allow directly or indirectly to identify the Principal's identity when registering in the EcoCars application.
2.15 EcoCars application https://www.ecocars.am/hy/App - a software application designed to work on smartphones, tablets and other mobile devices, developed for IOS, Android and other systems and provides the ability to use charging stations to charge the batteries of electric vehicles.
2.16 Electric Vehicle Charging Service : charging of electric vehicle batteries at filling stations and/or areas owned by partners operating under the Agent's brand, which is managed through the EcoCars software application; Electric Vehicle Charging Service The volume is estimated in kWh, the value of which is defined in the EcoCars application, which also includes the agency fee. The electric vehicle charging service is not considered the supply, sale or resale of electricity .
2 ․ 17 Charging Station Network, Charging Station – equipment through which Partners provide a service to provide access to charging for electric vehicles .
2.18 Charging: charging the battery of an electric vehicle, which lasts from the moment the electric vehicle battery is charged until the battery is stopped charging.
2.19 Partner: the owner of an electric vehicle charging station or an entity with the right to possess and/or use it, with whom the Agent acts on behalf of the Principal based on a service provision agreement.
SECTION 3
Agency Services Provided
3.1 Within the framework of these Terms, the Agent provides Agency Services, whereby the Agent undertakes to perform actions on behalf of the Principal and at the Principal's expense aimed at organizing the provision of Electric Vehicle Charging Services, including but not limited to finding an appropriate area, electric charging station, etc.
Under this agreement, the obligations of the Agent under the agreements concluded with the Partners regarding the provision of Electric Vehicle Charging Services arise for the Principal, even if the Agent is mentioned in the agreements.
The Parties acknowledge that the Agent does not supply, sell or resell electricity.
SECTION 4
Agency agreement
4.1 In order to use the Agency Services, an Agency Agreement is concluded from the moment the Principal downloads the EcoCars application and performs actions aimed at using this service . For the purposes of this clause, actions are considered to be the creation of a personal page (registration) through the EcoCars application, combined with full acceptance of the Terms, terms of use and privacy policy.
4.2 In order to conclude an Agency Agreement, in order for the Agent to create (register) a personal page through the EcoCars application, it is necessary to indicate the person's first name, last name, e-mail address and phone number, as well as, if necessary and at the request of the Agent, the year, month and date of birth provided by the Principal, other data from the identification document that allow or may allow directly or indirectly to identify the Principal's identity when registering in the EcoCars application.
4 ․ 3 The Agent has the right to request the Principal to submit documents confirming the identity of the individual, in the case of a legal entity - state registration or tax registration data, the identity document of the director, and if necessary, also the authorized person, a power of attorney, etc.
4.4 The description, terms and conditions and tariffs published in the EcoCars application, as well as the procedures for using each service, together with the Personal Data Processing Policy, constitute an Agency Agreement.
4.5 In the event of any discrepancies or conflicts between the above documents, the following shall prevail: Agency Agreement, Terms of Use, Privacy Policy.
4.6 In case of errors in the Principal's personal data in the Agency Agreement, the Agent has the right to make corrections in accordance with the Identity Document, which is an integral part of the Agency Agreement.
4. 7 The Principal's personal data submitted to the Agent are used in accordance with the RA Law "On Personal Data Protection".
4.8 Agency Offered by the Agent types of services, descriptions, features of their provision and tariffs, as well as Agency All information regarding services is defined by the Agent and is available through the Agent's EcoCars app.
4.9 Within the framework of the legislation of the Republic of Armenia, the Agent has the right to refuse to conclude the Agency Agreement and/or provide access to a part thereof if at least one of the following grounds exists:
4.9.1 In the event that the Principal has unfulfilled obligations towards the Agent and/or fails to make payments within the specified deadlines, it has unilaterally refused to perform the Agency Agreement, considering it terminated.
4.9.2 The Principal has unfulfilled obligations towards the Agent: has not paid for services previously provided to him.
4.9.3 The Principal, having previously used the Agency Services offered by the Agent, services, violated the terms of the Agreement, failed to make payments, or committed fraud or abuse.
4.9.4 The required documents were not submitted in the prescribed manner by the agent.
4.9.5 There are falsifications or incorrect data in the documents or information submitted by the Principal.
4.10 Upon conclusion of the Agency Agreement, the Agency Before providing access to the services or a part thereof, setting or changing the monetary limit, the Agent has the right to verify the Principal's solvency in any way and from any source not prohibited by law, including by requesting additional documents from the Principal substantiating the information provided, making appropriate inquiries and/or requesting additional security measures.
SECTION 5
Terms and conditions of services provided through Agent and Partners
5 ․1. The Principal can obtain information on the types and tariffs, descriptions, and debts of agency services and electric vehicle charging services from the Call Center through the EcoCars application.
5.2 Some of the services provided by the Principal may be activated through the EcoCars application or other possible methods.
5.3 Before the Agency is provided activation of the services, the Principal is obliged to check the capabilities and limitations of its equipment for using the Electric Vehicle Charging Service to understand whether it can use the activated Electric Vehicle Charging Services with the given equipment. Possible risks in this case are borne by the Principal.
5.4 Electric vehicle charging services may only be provided to the Principal if the Principal's equipment meets the technical capabilities necessary to use such services.
5.5 By becoming a party to the Agency Agreement, the Principal agrees to receive advertising, commercial and/or other messages, materials and/or information sent by other organizations through the Agent Application.
5.6 Conditions in accordance with the RA Law "On Procurement" shall be established for services provided to state, executive and local self-government bodies.
5.7 The Principal agrees and acknowledges that the ability to use and/or have access to the Electric Vehicle Charging Services or the quality of the services depends on the circumstances and factors listed below, which may cause interruptions, deterioration in quality or other disruptions to the service provided, which are beyond the control of the Agent. Such circumstances and factors are:
5.7.1 unfavorable working environment (humidity, high temperature, very high or low temperature not intended for normal operation of the equipment, etc.),
5.7.2 The quality, capabilities and features of the Principal's or Agent's equipment, technical malfunctions or incorrect settings (operating systems incompatible with the provided Service, viruses, etc.),
5.7.3 force majeure situations (floods, earthquakes, war, decisions of state bodies, power outages, epidemics, etc.),
5.7.4 other circumstances.
5.8 Before using the Electric Vehicle Charging Services, it is important to know that the Agent does not guarantee the exchange of information with nodes or servers that are temporarily or permanently inaccessible via the Internet network,
5.9 The equipment used by the Principal must be certified, compatible with the Partners' equipment, and comply with the requirements of the RA legislation.
5.10 The Principal is obliged to:
5.10.1 Not to use electric vehicle charging services in any way that may affect the safe and uninterrupted operation of the Partner and/or other equipment,
5.10.2 not to take any action to gain unauthorized access and to use such access,
5.10.3 When using electric vehicle charging services, do not violate the rights and interests of the Agent, other Principals and Partners, the provisions and requirements of the RA legislation, these Terms, and other procedures and rules established by the Agent,
SECTION 6
agency services
6.1 The Agent provides Agency Services in accordance with the legislation of the Republic of Armenia, the Agent's internal procedures and policies.
6.2 The terms and conditions of agency services are available on the company's website www.ecocars.am and in the EcoCars application.
6.3 The Principal agrees and acknowledges that the Agent shall take all reasonable steps to ensure the proper and continuous provision of the Electric Vehicle Charging Services by the Partners and the Principal's access to the Service, but the Agent's obligation to ensure the proper and continuous provision of the Services is a best efforts obligation and no more.
SECTION 7
Tariffs, charges, Payment terms and conditions
7.1 The Agent shall determine and have the right to unilaterally change the amount of the fee for the agency service.
7.2 The amounts charged for all services provided and the volumes of services provided are calculated and charged based on the data provided in the Agent's Billing System and the EcoCars application.
7.3 The Agent, within the scope of its powers, may establish and publish other procedures and conditions for calculating and charging the costs of the Agency Services provided.
7 ․ 4 ․ Within the framework of this Agreement, the Principal pays the Electric Vehicle Charging Fee specified in the EcoCars application to the Agent, who pays for the Charging Service on the Principal's account and based on the agreements concluded with the Partners , from which he withholds the fee for his agency services.
7.5. Payments for services are usually (unless otherwise specified by the Agent) set and calculated for each recharge.
7.6 Services are provided on a prepaid basis.
7.7 The Principal may make payments and top up the account by bank transfer, terminals, bank payment cards, online, mobile applications and/or other means acceptable to the Agent.
7.8 The mutual settlement act (extract from the mutual settlement act) prepared and submitted by the Agent in accordance with the data recorded in the billing systems is considered as proper evidence of the services provided and their volume.
7.9 Payment is considered made from the moment the amount is entered into the Agent's Billing System.
SECTION 8
Termination of the contract
8.1 The Agent has the right to unilaterally terminate the Agency Agreement if the Principal, when using the Partner's equipment:
8.1.1 uses uncertified equipment,
8.1.2 uses the services inappropriately, illegally, or for other purposes,
8.2 The Principal has the right to terminate the Agency Agreement by paying off all debts owed to the latter, including those resulting from the final settlement .
8.3 In the event of termination of the Prepaid Agency Agreement, the unused/prepaid amount is not subject to refund.
SECTION 9
Responsibility
9.1 To the extent permitted by law, the Agent and the Principal waive any claims for compensation for indirect damages and lost profits in connection with the services provided under the Agency Agreement. For the purposes of this clause, actual damages caused to the Partner by the Principal shall be subject to compensation by the Principal if the latter have violated the provisions of Section 5 of the Agency Agreement.
9.2 The Agent does not guarantee the ability to provide the declared power at its or its partners' charging stations, nor does it bear any responsibility for the quality and speed of charging due to the characteristics, malfunctions or defects of the Principal's electric vehicle.
9.3 The Agent is not responsible for:
9 ․ 3 ․ 1 ․ For malfunctions and communication failures of the Eco Cars application that occurred due to a malfunction of the Principal's mobile device,
9 ․ 3 ․ 2 ․ For the impossibility of entering the charging station, obstructing the entry of other vehicles to it or failing to open the charging port of other electric vehicles in a timely manner, as well as in case of obstruction by other persons,
9 ․ 3 ․ 3 For the safety and protection of the Principal's electric vehicle and/or other property while receiving services and/or parking at the Filling Station.
9.3.4 technical : in case of other safety conditions.
9.4 The Principal is responsible for:
9.4.1 for damage caused to the Agent or Partner or their property in the event of using the Electric Vehicle Charging Services in violation of these Terms,
9.4.2 For the maintenance of the Device and/or Equipment, its accessories, cables and other accessories, and for compensation for damage caused by the Partner in the event of their destruction, misuse, loss, damage or theft,
SECTION 10
Personal data protection
10.1 The Principal consents to the processing of his/her personal data in accordance with the Personal Data Processing Notice/Personal Data Protection Policy published on the Agent's website.
10.2 The Agent is authorized to disclose information about payments, debts, payment habits or obligations for services used by its Principals or their fulfillment, in accordance with the procedure and within the limits provided for by the Laws "On Circulation of Credit Information and Activities of Credit Bureaus" and "On Electronic Communication" and other laws of the Republic of Armenia.
10.3 The Agent is authorized to disclose the personal data of its Principals to its Partners.
10.4 The Agent or its partners, as part of marketing or commercial activities, as well as for debt collection or for the purpose of correcting and updating the Principal’s Personal Data, may contact the Principal in writing, by telephone, via SMS service, by e-mail address or otherwise using the Principal’s personal data. This also includes sending informational and promotional messages regarding the services provided by the Agent. The Principal hereby authorizes the establishment of contact with it in this way.
SECTION 11
Proper notice
1 1.1 The email address and contact phone number specified by the Principal are considered the basis for all further operations, including notifications. The notification will be considered properly executed if it is sent to the email address and contact phone number (SMS) specified by the Principal, regardless of the fact of its receipt by the Principal.
11.2 Notices sent by the Agent, including mutual settlement acts and applications, are considered proper if delivered in person or sent by electronic or other means of communication.
SECTION 12
Final provisions
12.1 These Terms come into force upon publication on the Agent's official website and in the EcoCars application .
12.2 The Agent has the right to make changes and additions to the Agency Agreement at any time (unilaterally), which will come into force upon publication on the Agent's official website and in the EcoCars application.
12.3 The Agent has the right to fully or partially transfer its rights stipulated in the Agency Agreement or assign its obligations to another person without the consent of the Principal.
12.4 Other relations between the Agent and the Principal not regulated herein shall be regulated in accordance with the current legislation of the Republic of Armenia.
12.5 If any provision of the Agency Agreement is declared invalid or void, the remaining provisions shall not be changed and shall remain in force.
12.6 This document is written in Armenian, but may be translated and published in parallel in other languages. In the event of any conflict between publications in Armenian and other languages, the Armenian version shall prevail.
12.7 These Terms apply to all previous Agreements concluded between the Parties and the Services provided based on them before the entry into force of these Terms. Agent Qualifications Eco Cars Limited Liability Company
If, prior to the entry into force of these Terms, the Principal has concluded an Agency Agreement with the Agent and/or uses the services provided by the Agent, these Terms shall enter into force from the moment of publication of these Terms with amendments and supplements on the company's website. If the Principal continues to use the Agent's services within 7 days after these Terms enter into force, these Terms shall be deemed to have been agreed (accepted) by the Principal and accepted in full and unconditionally.
01․01․2025
Address: RA, c . Yerevan, Nork 6 st . , 2nd lane , 11/4
Website: www.ecocars.am .
