General conditions of use
I. object
FRIWIGO provides a complete electromobility platform that connects the parties involved in the electric mobility infrastructure. The platform includes software for charging stations, tokens to access charging stations and tools for partners responsible for installing charging stations.
The services are the services that FRIWIGO offers to its Customers at any time via its website or platform and as described in the order or confirmation of the buyer, including among other things payment services for charging stations, either on a pay-as-you-go service model, or on a subscription model, through the issuance of charging cards, as well as the charging point management software that is offered to customers as a software-as-a-service (SaaS) solution. In these Terms and Conditions, the term « recharge card » is used to describe any physical or digital items that may be used to access a recharge point, including a recharge badge or a recharge token.
A description of the service to which these Terms apply is included in the confirmation of the agreement that is entered into when a customer registers for an account, or when they enter into a contract with FRIWIGO;
FRIWIGO offers its services to « clients », that is, entities and persons acting in a professional or commercial capacity or individuals. Entities and persons acting in a professional or commercial capacity who purchase the services are also called « professional clients ». Individuals who purchase the services for their personal use only (without acting in a professional or commercial capacity) are called « private customers ».
II. Scope of application
These Terms and Conditions apply to the Services offered under the platform provided under the FRIWIGO brand.
These Terms do not cover products and/or services offered by third parties such as manufacturers, installers, distributors and resellers. In cases where the (sales) contract is concluded between the customer and the third party, the conditions agreed with the third party apply.
Deviations from these Terms and Conditions only apply if they have been explicitly agreed in writing by FRIWIGO and the customer, and only apply to the specific agreement containing the deviation.
III. Conclusion of the contract
The customer enters into the contract with FRIWIGO and becomes a customer when purchasing a service.
FRIWIGO may perform credit checks (automated) and credit assessments for professional clients who use its services on a credit basis, to ensure that professional clients can meet their financial obligations to FRIWIGO. If the result is justified, FRIWIGO is entitled to refrain from concluding or terminating the contract with the relevant professional customer or to impose additional conditions in the contract.
In the case of a private customer, he has a withdrawal period of fourteen (14) days following the conclusion of the contract, without giving a reason. The withdrawal period begins on the day of conclusion of the agreement. The costs incurred for charging electric vehicles during the withdrawal period will not be refunded, but will be charged in accordance with Article 6 of these General Conditions.
Customers may only transfer their rights and obligations under the Service Purchase Agreement with the written permission of FRIWIGO, which may be subject to conditions.
FRIWIGO may transfer its rights and obligations to another company in writing and the customers are deemed to have consented in advance to such transfer. For individual customers, this consent extends only to the transfer in case of sale (of a part) of FRIWIGO’s business activities resulting in a transfer of the obligations and rights of FRIWIGO and/or the individual customer to this third party. In all other cases, individual customers have the right to terminate the contract for the service purchased in accordance with these Terms and Conditions.
IV. Availability, connectivity and service interruption
FRIWIGO strives to ensure the proper functioning of its services and will make reasonable efforts to provide up-to-date services and support to the customer. A brief service interruption may be required for operational reasons, such as maintenance. FRIWIGO will inform you as soon as possible of any planned maintenance or other planned or unexpected interruption of its services.
FRIWIGO may temporarily suspend the provision of services and has the right to regulate the charging power of charging sessions and to interrupt the supply of energy during charging sessions. Reasons include, but are not limited to, security concerns, maintenance and updates, hardware malfunctions, energy management, or optimizing the performance of the charging point or network.
Services operate using private and/or public software and infrastructure, such as mobile internet connections and the power grid, which can sometimes be disrupted or interrupted by external factors.
In many cases, equipment belonging to third parties, such as a mobile device or charging stations, is used to use the services. These devices may affect the quality or availability of services, for example due to malfunctioning hardware or obsolete components. As a result, FRIWIGO cannot guarantee the full availability of its charging services and will always strive to resolve problems as quickly as possible.
The services depend on the connection and the online charging stations. Otherwise, FRIWIGO will not be able to provide its services, as offline charging stations prevent receiving information about current charging sessions, generate an accurate automatic credit invoice and pay the invoice amount to customers. The charging station owner will need to ensure that there is sufficient network coverage to allow the charging station SIM card to communicate with the cloud service.
V. Reimbursement of charging sessions
As part of the services, FRIWIGO may purchase the electricity related to the charging sessions from the charging point operator. The operator of the charging point is a third party who has concluded the contract to supply electricity to the charging point or who is entitled to use the location connected to the electricity grid. FRIWIGO has the obligation to pay the charging point operator for the legitimate charging sessions of its customers that took place on the charging points of charging point operators. A legitimate charging session is considered to be between 0.2 kWh and 350 kWh. If a charging session falls outside this range and has been identified as incorrect, the charging session will not be (fully) charged to the charging card holder and will not be (fully) refunded to the charging point operator.
The amount of the total compensation for the charging sessions carried out is determined by FRIWIGO according to the use of the charging station and the fixed rates applicable to the charging station concerned.
Automatic credit invoices that are accumulated due to recharging sessions that take place on customer owned charging stations are generated in FRIWIGO’s software platform each month, available through the customer account. The amount of the invoice will be paid by FRIWIGO with a payment period of up to 45 days, in accordance with these General Conditions.
FRIWIGO reserves the right to limit billing rates to a maximum.
VI. Invoices and payments
Customers are required to pay to FRIWIGO the amounts and fees related to the purchased services, which may include charging fees at a third-party charging station and additional administration or subscription fees. These amounts will be specified on the invoice, in the quote that the customer receives, or in accordance with the prices communicated by FRIWIGO by other means.
The digital invoice will be available in the customer account on the platform. FRIWIGO will charge an administrative fee if the customer requests to send a copy of the invoice separately, in digital form or by mail.
FRIWIGO deducts the amount that the customer must pay from his account by direct debit, unless otherwise agreed. Due to rounding differences, the amount shown on the invoice or indicated on the customer’s account may differ slightly from the actual amount that is debited from the account. Differences of EUR 0.03 and less will not be refunded, credited or settled with other payments due to FRIWIGO.
The payment due date is indicated on the invoice. If, for any reason, the payment due date is not stated on the invoice, the invoice is due within seven (7) days of the invoice date.
If a charging session takes place outside of France, charging costs may be charged to the customer up to twenty-four (24) months after the purchase of the charging session and/or service in question.
If the law allows the customer to cancel a direct debit, this will not affect his payment obligation towards FRIWIGO.
If the customer thinks that FRIWIGO has made an error on an invoice, he must send the invoice to support@friwigo.com before the end of the payment period. If the customer disputes the invoice, he has only the right to temporarily postpone the payment of the part that does not suit him. The customer must pay the rest of the invoice on time. In order to keep the services affordable, FRIWIGO is unable to refund amounts below EUR 2.00 per invoice. If the customer wrongly disputes an invoice more than three (3) times in a calendar year, FRIWIGO will be entitled to charge an administrative fee in the amount of 50 euros excluding VAT per calendar year, and/or terminate the services.
Due to roaming agreements, complaints regarding incorrect billing sessions, such as amount dispute, kWh or billing dates, must be made within four (4) weeks of receipt of the billing session.
FRIWIGO is entitled to adjust the prices of services due to market developments and for inflation correction purposes. All price changes will be announced in advance on the website and will be communicated to the customer by e-mail. For new customers, price changes will take effect at least three (3) months after the conclusion of the contract.
VII. Duration of the contract
The duration applicable to the services will be agreed in writing with the customer or will comply with the description of the service as presented to the customer at the time of purchase of the service and in the confirmation of the order. The duration may vary from service to service.
Charging card services may be purchased either on a pay-as-you-go basis or through a monthly subscription, which may be terminated on an ongoing basis taking into account a one-month notice period (1).
E-mobility services at charging points are subject to an initial contractual term of two (2) years. Upon expiry of the initial term, the contract is automatically renewed for an indefinite period, with a notice period of one (1) month. If the customer wishes to terminate the services prematurely during the initial term, the customer shall owe FRIWIGO the full amount for the purchased services.
VIII. Obligations of customers
Customers are responsible for the correct and timely use of the purchased services and must pay all costs related to the service, whether the customer himself or another person makes use of it, including without the permission or knowledge of the customer.
The customer must ensure that the information he provides to FRIWIGO when concluding the contract is complete and accurate. This includes all customer data, such as name, bank account number, VAT number, billing address, payment data and email address. In case of change, the customer is obliged to update the information in his customer account as soon as possible. FRIWIGO assumes that the information provided by the customer is accurate until it is informed otherwise by the customer.
If the customer purchases the services for charging an electric vehicle, the customer is responsible for charging the electric vehicle in a timely and appropriate manner, in accordance with the requirements applicable to his specific vehicle (as described in the vehicle manual, technical requirements, etc.)
If the customer purchases the services for the use of his charging station, he is responsible for setting the rates applicable to the charging sessions that take place in his charging station via the services.
If the Customer uses the Services in connection with the services or materials of third parties (such as charging points owned by others), the Customer shall exercise adequate and necessary caution with respect to such services or materials. The customer shall promptly report any malfunction, problem or other matter to the third party concerned.
The customer will inform FRIWIGO of any malfunction, problem or other problem related to the services, likely to give rise to damage, as soon as possible, and at the latest within one (1) week after becoming aware of it.
The use of third-party charging stations may be subject to conditions established or agreed between the customer and the third party concerned. The customer is obliged to respect these conditions. Customer agrees that FRIWIGO will not provide customer support for charging stations in third party networks or third party services, other than those related to FRIWIGO services.
The customer is obliged to read the communications sent by FRIWIGO by e-mail. FRIWIGO considers that any written communication sent to the customer’s FRIWIGO account or any email sent to the customer’s account email address has been received.
IX. Termination of the services
In certain circumstances, FRIWIGO has the right to terminate or modify the services. This may include removing charging points (belonging to third parties) registered in the FRIWIGO software platform, disabling charging cards, blocking access to charging services and refusing to pay refunds for charging sessions.
In the event of late payment, FRIWIGO reserves all legal rights, which may include (but are not limited to) termination or suspension of services, billing of out-of-court recovery fees, billing of one-time reconnection fees, interest charges, and/or transfer of debt to a debt collection agency. If FRIWIGO has reason to doubt the ability of the customer to pay the invoices, for example due to the results of credit checks carried out for professional customers (as referred to in Article 3.2 of these General Conditions), FRIWIGO may require a security deposit or advance payment for the provision or continuation of certain services.
FRIWIGO may suspend or terminate the provision of the Services in the following circumstances:
- if the direct debit cannot be executed successfully after several attempts or if the customer does not fulfil a payment obligation.
- in case of negative credit check (as referred to in clause 3.2 of these General Conditions).
- in the event of the opening of insolvency proceedings, bankruptcy (including reorganization), liquidation or cessation of activity against the client.
- if the customer does not respect the obligations incumbent on him under these General Conditions.
- If the customer moves to a location where FRIWIGO cannot provide the services or an equivalent level thereof.
- in other circumstances that lead to the need to terminate the services, including but not limited to misuse and/or suspected fraud.
Even if FRIWIGO suspends (temporarily) its services or terminates them (as indicated in Article 9), the Customer shall remain liable to pay any unpaid invoices for the services provided by FRIWIGO and any other costs incurred in connection therewith until the suspension or termination of the services.
X. Recharge cards
Charging cards supplied by FRIWIGO have a two (2) year warranty against defects in material or workmanship. If the customer finds a fault with the charging card, he must inform FRIWIGO as soon as possible:
- within ten (10) business days for business customers
- within two (2) months for individual customers.
If the charging card is defective within two (2) years of receipt and the defect has been duly reported in time to FRIWIGO, the customer will once receive a replacement charging card free of charge. The costs of subsequent replacement or replacement of the card after the two (2) year warranty period will be charged to the customer. Defective charging cards must always be returned to FRIWIGO by the customer at his own expense.
The warranty mentioned in clause 10.2 only applies to charging cards purchased directly from FRIWIGO and not from third parties such as resellers, installation partners or other third parties.
If the recharge card is damaged, lost or stolen, the customer must block the recharge card on his account and report it to FRIWIGO as soon as possible. Until the card/badge is blocked, the customer is responsible for all costs related to the misuse of the charging card and the transactions made using the charging card before it is blocked. Replacement fees will be charged.
XI. Responsibility
FRIWIGO is not responsible for:
– damage suffered by customers as a result of the customer’s non-compliance with its obligations under these General Conditions.
– damage suffered by customers as a result of malfunctions of charging points which prevent the correct and/or complete delivery of services to a customer, in whole or in part. This includes, but is not limited to, charging points that cannot be used for the Services, in whole or in part, due to (previous) misuse of the charging point or other services, poor performance, a disconnection, interruption or operational or network malfunction and/or other unavailability of the relevant charging points and/or other Services.
– damage resulting from the billing rate fixed by a customer or third party. This includes, but is not limited to, situations where the rate set is lower than the customer’s electricity costs or negative reactions at the rate level.
– indirect damages, including consequential damages arising from or related to services, including but not limited to loss of profit, missed savings, decrease in goodwill, damages related to the interruption or suspension of services or business interruptions, or any loss, cost, or other damages related thereto.
– damages suffered by customers if FRIWIGO cannot provide the services specified in the contract due to circumstances beyond its control (force majeure). This includes, but is not limited to, disruption or failure of the internet, power grids, email networks, technologies, telecommunications networks or other systems, third-party services, as well as cyber-attacks, strikes and social conflicts, government measures, natural disasters, extreme weather, floods, lightning, fires, global shortages, pandemics, epidemics, wars, riots or sanctions
Unless the applicable law prohibits FRIWIGO from acting otherwise, for example in relation to consumers, FRIWIGO’s liability is limited to direct damages suffered by customers that are caused by a breach attributable to us. In other cases, FRIWIGO shall not be liable for any other damages suffered, unless they result from malicious intent or culpable negligence on the part of FRIWIGO. FRIWIGO’s maximum liability shall be EUR 2,000 per event or, in case of multiple events, shall not exceed the total amount payable by the Customer to FRIWIGO for services purchased during the 12 months preceding the first event causing such damage.
Failure by the customer to inform FRIWIGO of any event that may result in potential damage, in accordance with Article 8.6 of these General Conditions, shall result in the forfeiture of the customer’s right to compensation for damages.
XII. Privacy
FRIWIGO processes customer personal data in accordance with the relevant privacy policy, which can be accessed at https://www.friwigo.com. Where appropriate, FRIWIGO will conclude the necessary agreements for the processing of personal data.
XIII. Intellectual property
Customers agree that all intellectual property rights (including copyright, trademark, database and patent rights) content and/or created in connection with the provision of the services remain the exclusive property of FRIWIGO and/or its licensors.
XIV. Changes to the Terms of Use
FRIWIGO reserves the right to modify the content and scope of the General Conditions, in whole or in part. These changes may include, but are not limited to, legal or regulatory requirements, improvements to existing service features, and new features.
If any provision of these Terms and Conditions is declared invalid or unenforceable by a competent court or supervisory authority, this shall not affect the validity of the other provisions of these Terms and Conditions. FRIWIGO will endeavour to replace any null or unenforceable clause with a valid clause that reflects the intent of the original clause to the fullest extent possible, if necessary with the cooperation of the customer.
If changes to the General Terms and Conditions may have an impact on the current contractual relationship with the customer, FRIWIGO will inform the customer before the material changes come into force. FRIWGO may communicate changes by various means, such as displaying a prominent notice, sending an email, or displaying information in the app. The notification will contain details of the proposed changes.
Customers who have made the purchase of a service still subject to the initial period of two (2) years referred to in clause 7 may terminate the Agreement within one (1) month after the announcement of material changes to the General Conditions.
This article does not apply to amendments or additions to the General Conditions as a result of amendments to the applicable legislation and/or regulations.
XV. Competent court
Any agreement relating to the services and these Terms and Conditions are exclusively governed by the laws of France. Any dispute relating thereto must be submitted to the competent courts of Paris.
For the resolution of disputes by court, individual clients residing in the European Union can submit their complaint to the European Online Dispute Resolution Platform. Individual clients can obtain more information by visiting the European Commission’s online dispute resolution platform.