General terms and conditions

ARTICLE 1 – DEFINITIONS

In the general terms and conditions the following terms are understood to mean:

Wattiqo: Wattiqo BV, registered with the Chamber of Commerce under number: 98277707
User: the party (natural or legal person) who enters into an agreement with Wattiqo, or to whom Wattiqo has made an offer, and its representative(s), authorised representative(s), legal successor(s) and heirs, to whom these general terms and conditions apply.
Offer: any offer of goods and/or services as Wattiqo makes to the user in its quotations, catalogues, brochures or otherwise.
Agreement: any agreement regarding sales or services between Wattiqo and the user.
Goods: all tangible goods that are the subject of an agreement, as well as all tangible results of services (such as acceptance of work, assembly, installation and advice) provided by Wattiqo.
Price: the price of the good or service offered.
Force Majeure: a situation in which a shortcoming cannot be attributed to Wattiqo, because the shortcoming is not due to its fault, nor is it its responsibility under law, legal act or generally accepted views.
Charging card: a physical or digital card provided by Wattiqo that allows you to charge electric vehicles at charging points within a network of providers.
Charging service: the service consisting of providing access to and facilitating the use of charging points for electric vehicles.
EV Application: the application or portal through which the User and/or Cardholder can manage charging transactions and find charging locations.
Cardholder: a natural person designated by the User who is entitled to use the Charging Card.
Network: the set of charging points accessible via the Charging Card, including those of third parties with which Wattiqo has entered into a partnership.

ARTICLE 2 – APPLICABILITY

Article 2.1

These terms and conditions apply to all agreements, offers, quotations, advice, and subscriptions made by Wattiqo within the context of the use of the Wattiqo application, charging cards, and related services. These terms and conditions also apply to additional and follow-up orders placed by the user.

Article 2.2

These terms and conditions apply exclusively to business customers acting in the exercise of their profession or business. Registration in the Wattiqo portal or app is only possible for users with a valid Chamber of Commerce number.

Article 2.3

By registering, logging in or using the Service, the User declares that he or she has read and agrees to these Terms.

Article 2.4

The user's acceptance and retention of a quotation or order confirmation that refers to these general terms and conditions without comment constitutes agreement to the application of these general terms and conditions.

Article 2.5

Deviations from these general terms and conditions are only valid if and to the extent that they have been agreed in writing between the user and Wattiqo.

Article 2.6

Any user's general terms and conditions are invalid. Their applicability is expressly rejected by Wattiqo.

Article 2.7

If any provision of these general terms and conditions or of the agreement is null and void or is annulled, the remainder of the agreement will remain in force and the provision in question will be replaced without delay in consultation between the parties by a provision that approximates the purport of the original provision as closely as possible.

Article 2.8

Any ambiguities regarding the content of the terms and conditions, or situations not covered by these terms and conditions, should be assessed in accordance with the spirit of these terms and conditions.

Article 2.9

Wattiqo reserves the right to amend or supplement these terms and conditions. Minor changes may be implemented at any time. Major substantive changes will be discussed with the user.

Article 2.10

Wattiqo is entitled to transfer a current agreement including all rights and obligations to a third party.

Article 2.11

If a user is a legal entity and is affiliated with another legal entity in a group within the meaning of Article 2:24b of the Dutch Civil Code, it shall be jointly and severally liable to Wattiqo for the payment of all current and future claims of Wattiqo on the other legal entities with which it is affiliated in a group.

ARTICLE 3 - NON-BINDING OFFER

Article 3.1

Unless expressly agreed otherwise in writing, Wattiqo's quotes are non-binding. Wattiqo may withdraw its quote within two business days of acceptance.

Article 3.2

The goods and/or services offered by Wattiqo are described clearly and as completely as reasonably possible. If Wattiqo specifies numbers, sizes, weights, or other characteristics in its offer that are material to the offer, it will exercise the utmost care to ensure the accuracy of this information. No rights or obligations can be derived from any of our calculations.

Article 3.3

Each offer must contain sufficient information to clearly indicate the user's rights and obligations if they accept the offer. This specifically concerns the price, the execution, the payment method, any minimum term of a long-term agreement, additional costs, and other conditions.

Article 3.4

Quotes and rates do not automatically apply to new orders.

Article 3.5

The user cannot derive any rights from obvious errors in an offer.

ARTICLE 4 - PRICES

Article 4.1

The price is the amount agreed upon with the user, with the understanding that any significant interim changes in cost price factors may be passed on to the user. Such changes include, but are not limited to: an increase in the price of the product on the global and/or Dutch market; changes in the exchange rate of foreign currencies against the euro; increases in sales tax, customs duties, levies due under public law, and other charges imposed by government bodies and other collective contributions.

Article 4.2

In the event of a delivery, whether or not via a third party, the client is entitled to charge the user a surcharge in the event of force majeure or urgency.

ARTICLE 5 - DELIVERY TIME

Article 5.1

The stated delivery time is not a strict deadline, unless expressly agreed otherwise. In the event of late delivery, Wattiqo must therefore be notified of default in writing.

Article 5.2

For digital services such as the Wattiqo portal or the EV application, temporary interruptions, maintenance, or updates do not constitute a shortcoming on the part of Wattiqo, provided that Wattiqo makes reasonable efforts to restore the service quickly.

Article 5.3

Furthermore, the delivery time is always subject to uninterrupted working conditions and material supply, uninterrupted transport and timely delivery by our suppliers, so that Wattiqo is able to adhere to the delivery time.

Article 5.4

Exceeding the delivery time does not entitle the user to terminate the agreement, unless the user can demonstrate that timely delivery is essential to their business operations. In that case, termination must be submitted in writing within five days of the delivery time expiring.

Article 5.5

Exceeding the delivery time never gives the user the right to claim damages, nor to fail to fulfill any obligation arising from the agreement.

Article 5.6

In Articles 5.2, 5.3, 5.4 and 5.5, the delivery time means: the period that the user has validly set for delivery in its notice of default or the agreed delivery time, if a fatal term has been expressly agreed.

ARTICLE 6 - DELIVERY

Article 6.1

Wattiqo has the right to deliver goods sold at once or a quantity of goods called off at once in parts.

ARTICLE 6A – INSTALLATION, DELIVERY AND ADDITIONAL WORK

Article 6a.1

The Client shall provide, in a timely and free manner, all facilities and conditions necessary for the proper execution of the work, including: free and safe access to the location, sufficient network capacity, the presence of a usable internet connection, required permits and a dry work space.

Article 6a.2

If upon arrival it appears that the installation cannot be carried out due to causes not attributable to Wattiqo, Wattiqo is entitled to suspend the work and charge the Customer separately for the costs incurred as a result.

Article 6a.3

The work is considered to have been completed once Wattiqo has confirmed this in writing or digitally, or when the Customer puts the delivered goods into use.

Article 6a.4

Additional work and supplementary work will only be carried out after prior confirmation by Wattiqo and will be invoiced separately at the then applicable rates.

Article 6a.5

Any visible defects must be reported in writing within five (5) business days of delivery. Failing this, the installation is deemed fully accepted.

ARTICLE 7 - ISSUANCE AND USE OF THE CHARGING CARD

Article 7.1

The Charging Card remains the property of Wattiqo and may only be used by the User or a Cardholder designated by the User.

Article 7.2

The Charging Card may only be used for business purposes.

Article 7.3

In case of loss, theft or suspected misuse, the User must immediately report this to Wattiqo and block the card in question via the portal and/or app.

Article 7.4

The User is responsible for the use of the Passes assigned to him/her, either by himself/herself or by a third party.

Article 7.5

The User agrees to take all necessary and useful precautions to keep the Pass in a safe place under all circumstances. Failure to comply with this obligation will release Wattiqo from any responsibility/liability in the event of fraudulent use of the Passes by the User and/or the Passholder and/or a third party.

Article 7.6

The User is permitted to issue one or more Passes to one or more Passholders. The User agrees to inform the individuals concerned of their right to access and correct their personal data in accordance with the General Data Protection Regulation.

Article 7.7

The User is and remains fully responsible to Wattiqo for compliance with the contractual provisions by the aforementioned Cardholders, in particular regarding payment for any use of the Card, even in the event of loss, theft, counterfeiting, falsification and fraudulent use of the Cards and use that is not in accordance with the provisions of the Contract.

Article 7.8

In the event of fraudulent or non-compliant use, the User agrees to immediately inform Wattiqo and assist them in identifying the causes and the person responsible for this non-compliant use. The User must inform Wattiqo of any fraudulent use of the Pass within 15 days of the invoice date.

Article 7.9

Wattiqo is entitled to temporarily block the card or account or deny access in the event of non-payment, misuse, suspected fraud, or termination of the agreement with an intermediary or roaming partner.

ARTICLE 8 – AVAILABILITY AND USE

Article 8.1

Wattiqo makes every effort to provide access to the most complete Network possible, including the EV application and the online portal, but does not guarantee continuous availability or uninterrupted service.

Article 8.2

Wattiqo may update, modify, or temporarily disable the App or portal for maintenance or improvement. If a user refuses an update, this may limit or prevent their use of the service.

Article 8.3

Use of Charging Services is at the User's own risk. Wattiqo is not liable for damages resulting from malfunctions, incorrect third-party rates, or charging station outages.

Article 8.4

It is the User's responsibility to determine which type of charging point is suitable for their vehicle and to use the charging points with care and as a prudent and reasonable person, i.e. in accordance with the instructions and operating instructions relating to the use of the charging point, electric vehicle or charging cable.

Article 8.5

Users and their Passholders must be alert to warning signals that may be activated on the charging point or charging station and/or on their vehicle. In the event of warning signals, following an incident or malfunction of the charging point, Users and/or Passholders must take all necessary precautions to ensure their safety, that of the vehicle, and that of third parties, i.e., immediately disconnect the vehicle and call the number listed on the charging point or charging station.

Article 8.6

Wattiqo is not liable for information communicated by the Partner to the User via the EV application, nor for the availability or proper functioning of electric charging stations operated by third parties, nor for any damage that may result from the use of third-party charging stations by means of the Pass.

Article 8.7

For charging sessions outside the Netherlands, services are provided through roaming partners, including Deftpower. These transactions are also subject to the terms and conditions of the respective roaming partner. Billing is handled through Wattiqo, including any storage or roaming fees.

Article 8.8

Wattiqo may update, modify, or temporarily disable the App or portal for maintenance or improvement. If a user refuses an update, this may limit or prevent their use of the service.

Article 8.9

Disruptions caused by third parties (such as grid operators, CPOs, or roaming partners) are beyond Wattiqo's control and liability.

ARTICLE 8A – WARRANTY AND MAINTENANCE

Article 8a.1

Wattiqo provides a twelve (12) month warranty after delivery on the hardware it supplies, and a six (6) month warranty on installation work carried out.

Article 8a.2

The warranty is void if defects arise from improper use, insufficient maintenance, modifications by third parties, or external influences (such as overloading, lightning, vandalism, or moisture).

Article 8a.3

Maintenance work is performed exclusively by or on behalf of Wattiqo, unless otherwise agreed in writing. Intervention by third parties without Wattiqo's permission will void all warranty claims.

ARTICLE 9 - LIABILITY

Article 9.1

Wattiqo does not guarantee the usability of products, services or items supplied by us for a specific purpose and/or under all circumstances.

Article 9.2

Wattiqo is not liable for any usage advice provided unless the user can demonstrate that there is intent or gross negligence on our part.

Article 9.3

Wattiqo is not liable for errors or unlawful acts of our employees, or of other persons involved by or on behalf of us in the performance of the agreement concluded with the user, unless it concerns an error or unlawful act of persons who can be regarded as organs of our company or as management officers and user.

also demonstrates that there is intent or gross negligence.

Article 9.4

Wattiqo's liability for direct damages is limited to the amount paid by the Customer for the relevant agreement or service over a period of twelve (12) months prior to the damage incident, with a maximum of €10,000 per damage incident and €50,000 per calendar year.

Article 9.5

Damage resulting from defective charging points, cables or third-party infrastructure is not the responsibility of Wattiqo.

Article 9.6

Wattiqo is not liable for damage directly or indirectly resulting from defects in products supplied by us, items made available by us or items used in the execution of the agreement, or resulting from a deviating quality of the product supplied by us.

Article 9.7

Any other liability on our part is always limited to:

the invoice amount or, in the absence thereof, the value of the agreed performance;
in case of delivery in instalments: the invoice amount or, in the absence thereof, the value of the relevant performance;
the amount covered by the insurance, if and to the extent that Wattiqo is insured against the relevant liability and if the amount covered by the insurance is higher than the invoice amount or the value of the service referred to under 1. or 2.

Article 9.8

Wattiqo will perform its work to the best of its knowledge and will exercise the care that can be expected of a Wattiqo. Wattiqo has, with regard to the

The success of the assignment is an obligation of best efforts and can therefore never be held to or liable for a specific result.

Article 9.9

For all indirect damage, including stagnation in the regular course of business in Wattiqo's company, in any way related to or caused by a

Wattiqo shall never be liable for any errors in the performance of the work by Wattiqo, except in the case of intent or gross negligence.

Article 9.10

Wattiqo has the right at all times, if and to the extent possible, to undo or limit the damage suffered by the user.

Article 9.11

Wattiqo is not liable for damage, destruction and/or unauthorized access to documents and/or data during transport, dispatch by post, electronic transmission, processing and/or transmission by means of an online system, regardless of whether the transport, transmission and/or processing is carried out by or on behalf of the user, Wattiqo or third parties.

Article 9.12

Wattiqo is not liable for any damage resulting from the use or inability to use digital services, such as the EV application or portal, nor for loss or alteration of data due to malfunction, incorrect input, or unauthorized use.

Article 9.13

The User indemnifies Wattiqo against all third-party claims directly or indirectly related to the performance of the agreement. In particular, the User indemnifies Wattiqo against third-party claims for damages caused by the User providing Wattiqo with incorrect or incomplete information, unless the User demonstrates that the damage is not related to culpable acts or omissions on their part, or was caused by intent or gross negligence on the part of Wattiqo.

Article 9.14

Furthermore, Wattiqo cannot be held liable if the defect originates in the telecommunications network, the connection equipment, or in the loss, theft or destruction of access codes to the Portal by the User or third parties.

Article 9.15

Wattiqo's provision of services and options is a best-efforts obligation. The availability and/or proper functioning of the charging stations is not guaranteed under this Contract. Therefore, Wattiqo is not liable for the (temporary or permanent) unavailability of one or more charging stations and/or services.

Article 9.16

Where services are provided outside the charging station network managed by Wattiqo (i.e. charging stations operated by a Partner), Wattiqo's liability is strictly limited to forwarding the User's complaint as soon as possible to the entity responsible for the charging station and/or service in question.

ARTICLE 10 - FORCE MAJEURE

Article 10.1

Wattiqo is not obliged to fulfil any obligation if it is prevented from doing so as a result of a circumstance that is not its fault and for which it is not responsible under the law, a legal act or generally accepted views.

Article 10.2

Wattiqo may suspend its obligations under the agreement for the duration of the force majeure, without any obligation to compensate the other party for damages. If the aforementioned situation occurs after the agreement has been partially performed, the user is obligated to fulfill its obligations to Wattiqo up to that point. Wattiqo is then entitled to invoice separately for the portion already performed or yet to be performed.

User is obliged to pay this invoice as if it were a separate agreement.

Article 10.3

In these terms and conditions, force majeure is defined as, in addition to its definition in law and case law, all external causes, whether foreseen or unforeseen, over which Wattiqo has no control, but which prevent Wattiqo from fulfilling its obligations. This includes strikes at Wattiqo's company or that of third parties. Wattiqo also has the right to invoke force majeure if the circumstance preventing (continued) fulfillment of the agreement occurs after Wattiqo should have fulfilled its obligation.

Article 10.4

If Wattiqo exercises its stated right to suspend, the user is not entitled to terminate the agreement unless the user can demonstrate that continued compliance is essential to their business operations. In that case, termination must be submitted in writing within five days of our request for suspension.

Article 10.5

During force majeure, Wattiqo's obligations are suspended. If the force majeure lasts longer than ninety (90) days, either party is entitled to terminate the agreement without compensation.

Article 10.6

Wattiqo is entitled to transfer its rights and obligations in whole or in part to an affiliated company or successor, provided that the continuity of the services to the Customer is guaranteed.

ARTICLE 11 - COMPLAINTS

Article 11.1

Complaints about transactions or invoices related to charging sessions must be submitted to Wattiqo in writing within 30 days of the invoice date. After this period, the transactions are deemed to have been processed correctly. If a complaint is found to be valid, Wattiqo will correct or credit the incorrect charges.

Article 11.2

Complaints from the user regarding the delivery, including complaints about deviations in the quality of the delivered goods that can be immediately discovered upon proper inspection, must be submitted to us in writing within eight days after the goods have been made available to the user, or within eight days after delivery. If the user has not submitted a written complaint to us within the aforementioned eight-day period, the goods delivered by us will be deemed approved and accepted by the user.

ARTICLE 12 - PAYMENT

Article 12.1

Unless the parties have agreed otherwise in writing, payment of the invoice amount by the user must be made within fourteen days of the invoice date, in Dutch currency, by deposit or transfer to a bank account designated by Wattiqo. Objections to the invoice amount do not suspend the user's payment obligation.

Article 12.2

Charging rates depend on the CPO, location, time of day, charging speed, and duration. The app displays a total price per kWh (CPO base rate Wattiqo surcharge). This total price is displayed transparently before the charging session. Rates may include subscription fees, a starting fee, a price per kWh, a time-based rate, and/or transaction fees.

Article 12.3

The final billing is based on the transaction recorded by the CPO, plus the Wattiqo surcharge and any roaming fees. Charges for charging loss (the difference between the energy supplied and the energy stored in the vehicle) are the responsibility of the Customer.

Article 12.4

The rates of third parties within the Network are set by them and may change without prior notice.

Article 12.5

Rate changes will be published in the App or portal and will take effect at the time of publication, unless otherwise stated.

Article 12.6

The amounts invoiced by Wattiqo to the User are binding, unless proven otherwise.

Article 12.7

Wattiqo charges a monthly fee for the provision of the Passes.

Article 12.8

For each request submitted for various actions related to the Passes such as creating, deleting, blocking, changing, etc., additional costs may be charged.

Article 12.9

Wattiqo charges a fixed amount per duplicate for issuing a duplicate pass.

Article 12.10

The Tariff and prices of the charging services can be displayed in different ways, for example as a price per kWh, per charging time, per parking time and/or per charging session.

Article 12.11

The kWh prices displayed in the app or portal are rates set by third-party operators and are for informational purposes only. Wattiqo is not liable for any deviations or errors in these rates. Users are advised that if, for any reason, they cannot access the EV app but still charge, they are deemed to have accepted the applicable price.

Article 12.12

Wattiqo cannot be held liable for complaints about the prices charged. Only the invoice sent by Wattiqo and received by the User is binding.

Article 12.13

The User acknowledges that the Tariff is freely determined by each Network operator and that the Tariff may be changed at any time during the term of the Contract and without prior notice. The User may be informed of this through various means of communication.

Article 12.14

Rates are subject to change without prior notice from Wattiqo. It is the User's (or their authorized cardholder's) responsibility to familiarize themselves with the applicable pricing structure before using the service.

Article 12.15

Any exchange rate differences arising from payments in currencies other than the contractual currency are entirely at the expense and risk of the User.

Article 12.16

If User is in default, i.e. after the due date has been exceeded, Wattiqo has the right, without any notice or notice of default being required, to charge interest equal to 2% per month from the due date of the invoice.

Article 12.17

If the user is in default, they are liable for all judicial and extrajudicial costs from the date of default, without further notice of default being required. The extrajudicial collection costs amount to 15% of the outstanding claim, with a minimum of €75 (excluding VAT), plus an amount of €10 (excluding VAT) per notice for administration costs, as well as an amount of €35 (excluding VAT) for registration fees and interest as referred to in the previous paragraph.

Article 12.18

All reasonable costs incurred as a result of judicial or extrajudicial collection of the claim are borne by the user. In any case, the user is liable for collection costs

Due. The collection costs will be calculated in accordance with the collection rate as recommended by the Dutch Bar Association in debt collection cases. If Wattiqo has incurred higher costs, which were reasonably necessary, these will also be borne by the user, as will any legal and enforcement costs incurred.

Article 12.19

Wattiqo has the right of retention on all data, papers and other goods in its possession until the user has paid everything he owes to Wattiqo.

Article 12.20

Payments made by the user always serve to settle all amounts owed in the first place.

interest and costs, secondly on outstanding invoices that have been outstanding the longest.

Article 12.21

If, in Wattiqo's opinion, the user's financial position or payment behavior gives reason to do so, Wattiqo is entitled to demand that the user immediately provide (additional) security in a form to be determined by Wattiqo. If the user fails to provide the requested security, Wattiqo is entitled, without prejudice to its other rights, to immediately suspend further performance of the agreement, and all amounts owed by the user to Wattiqo, for whatever reason, shall become immediately due and payable.

Article 12.22

In the event of a joint assignment, users are jointly and severally liable for payment of the invoice amount for the work carried out for the benefit of the joint users.

Article 12.23

In the event of liquidation, bankruptcy or suspension of payments of the user, Wattiqo’s claims and the user’s obligations towards Wattiqo shall be immediately due and payable and all our agreements with the user shall be dissolved by operation of law, unless Wattiqo notifies the user within a reasonable period of time that it requires performance of (part of) the relevant agreement(s), in which case Wattiqo shall have the right to suspend its obligations under the relevant agreement(s) until performance by the user has been sufficiently secured, all this without prejudice to any other rights to which we are entitled.

Article 12.24

Wattiqo is at all times entitled to offset outstanding invoices against monies that it has in its possession and/or manages for or on behalf of the user, for any reason whatsoever, including third-party funds.

Article 12.25

Wattiqo is at all times entitled to request a deposit or security from the user as security for the costs incurred and to be incurred, necessary for the execution of the order. If this deposit or security is not provided, Wattiqo is entitled, without prejudice to its other rights, to suspend or terminate the order, and all amounts owed by the user to Wattiqo, for whatever reason, become immediately due and payable.

Article 12.26

Wattiqo is entitled to request an advance payment at any time, which advance payment must be paid immediately and will be settled in an interim or final settlement.

Article 12.27

Any exchange rate and/or conversion differences that may arise are at the user's expense and risk.

Article 12.28

When paying by charging card, the user guarantees that they have sufficient funds. If there are insufficient funds for full payment, the user is obligated to provide sufficient security for fulfilling their obligations upon first request. Wattiqo reserves the right to retain the user's goods, including a charged vehicle, until full payment is made or sufficient security is provided.

Article 12.29

If the user has multiple financial obligations to us or has agreed to deliver and pay in installments, in the event of default by the user with respect to any of our claims, all our other claims, including future installments, will become immediately due and payable, without prejudice to our rights under Article 11.

Article 12.30

If the special terms and conditions stipulate that payment will be made via SEPA Direct Debit (Single European Payment Area), the required information will be included in the mandate issued by the User, which authorizes this direct debit. Each invoice will state that payment will be made via SEPA Direct Debit on the date indicated on the invoice. This invoice also serves as a pre-notification for the SEPA Direct Debit.

Article 12.31

Wattiqo reserves the right to set a credit limit for the User at the time of entering into the contract or at a later date and to make the provision of services conditional on compliance with this limit. This credit limit determines the maximum amount of transactions for services purchased with the Passes, for the total account during a set period. Transactions are permitted as long as this limit is not reached.

Article 12.32

Wattiqo may change this limit, in particular in the event of unpaid invoices, insolvency, failure to provide agreed securities or abnormal use of the Pass.

Article 12.33

Wattiqo also reserves the right to send payment reminders electronically and/or by SMS.

ARTICLE 13 - RESERVATION OF OWNERSHIP / RIGHT OF PLEDGE

Article 13.1

Ownership of the goods delivered by us to the user will only be transferred to the user after the user has paid us in full the price, any interest and additional costs owed to us.

Article 13.2

If Wattiqo has also carried out work in connection with the delivery that is to be paid for by the user, our retention of title will continue until the user has also paid the relevant fee.

Article 13.3

Our retention of title also applies to all claims that Wattiqo obtains against the user due to the user's failure to fulfil one or more of its obligations arising from the agreement.

Article 13.4

As long as ownership of the delivered goods has not been transferred to the user, the user is not permitted to dispose of these goods or to grant any rights to them to a third party, unless there is resale/delivery within the context of the user's normal business operations.

Article 13.5

If the user fails to fulfil its payment obligations towards Wattiqo, or if Wattiqo has good reason to fear that the user will fail to fulfil those obligations, Wattiqo is entitled to take back the goods delivered under retention of title, without prejudice to our further rights against the user.

Article 13.6

In the event of late payment of its payment obligations to us, the user is obligated, if the goods delivered by us have been resold by the user to third parties, to pledge all its rights arising from the resale against those third parties to us at our first request, as security for all that Wattiqo may still have to claim from the user. In fulfillment of this obligation, the user hereby pledges all its rights arising from the resale against the aforementioned third parties. As soon as the user fails to meet its payment obligations to us on time, Wattiqo is authorized to notify the aforementioned third parties of this pledge in order to establish the right of pledge.

The User is obliged to provide all necessary cooperation in this regard, in particular by immediately providing us, at our first request, with the names and addresses of all third parties to whom he has delivered the goods supplied by us, as well as all rights which he has acquired in relation to those third parties in connection with such delivery.

If the user fails to provide this cooperation after a formal notice from us, he will forfeit an immediately payable fine of five percent of our outstanding claim for each subsequent day during which the user's negligence continues, without prejudice to our right to demand additional performance.

ARTICLE 14 - RIGHT OF SUSPENSION

Article 14.1

Wattiqo is entitled to suspend the fulfillment of all its obligations, including the issuance of documents or other items to the user or third parties, until all due claims against the user have been paid in full.

ARTICLE 15 - USER CONFIDENTIALITY

Article 15.1

User will keep confidential all information and/or data obtained in the context of the performance of the agreement and will not disclose it to third parties without written permission from Wattiqo.

Article 15.2

In the event of a violation of the preceding clause, the user will be liable for an immediately payable penalty of EUR 25,000.00 per occurrence, which penalty will not affect any obligation the user may have to pay damages. Wattiqo is entitled to demand performance of the agreement in addition to the penalty.

ARTICLE 16 – DURATION, SUSPENSION AND TERMINATION

Article 16.1

The agreement regarding Charging Services is valid for an indefinite period, unless otherwise agreed in writing.

Article 16.2

Both Wattiqo and the Customer can terminate an agreement for an indefinite period in writing, taking into account a notice period of three (3) months.

Article 16.3

The term of subscriptions and other agreements is established in a separate agreement between Wattiqo and the User. After the agreed term expires, the agreement will be tacitly renewed for twelve (12) months at a time, unless the User terminates the agreement in writing no later than two (2) months before the end of the current term.

Cancellation must be submitted in writing to Wattiqo, observing the stated notice period. Upon renewal, the then-current rates and terms and conditions will continue to apply, unless Wattiqo has previously communicated different terms and conditions in writing.

Interim termination of the subscription does not entitle you to a refund of subscription fees or other fees already paid for the current period.

Article 16.4

Wattiqo is entitled to suspend or block the service in whole or in part if:

a. the Customer fails to meet his payment obligations or fails to meet them on time;

b. the installation or connection is, in the opinion of Wattiqo, unsafe or defective;

c. there is (suspected) fraud, abuse or unauthorized use.

Article 16.5

Wattiqo will inform the Customer of a blocking or suspension as soon as possible and will lift it as soon as the cause has been removed.

Article 16.6

Upon termination, Wattiqo will retain the Customer Data for thirty (30) days for transfer, after which it will be irreversibly deleted.

ARTICLE 17 - RETURNS

Article 17.1

The User is obligated to return the Passes at Wattiqo's first request, or spontaneously in the event of bankruptcy, cessation of operations, or termination of the contractual relationship. Without prejudice to Wattiqo's right to compensation, use of a Pass after its expiration date, blocking, or termination of the contract, regardless of the reason, may result in legal, civil, or criminal prosecution.

ARTICLE 18 - PERSONAL DATA

Article 18.1

Wattiqo processes personal data in the context of the implementation of the Charging Service in accordance with applicable privacy legislation.

Article 18.2

Wattiqo processes personal data solely for the performance of the agreement, including user identification, facilitating charging sessions, invoicing, and customer support.

Data may be shared with service providers such as Deftpower, CPOs and roaming partners, solely to the extent necessary for the provision of the agreed services.

Article 18.3

Wattiqo acts as a controller within the meaning of the General Data Protection Regulation (GDPR) and takes appropriate technical and organizational measures to protect personal data.

Article 18.4

More information can be found in Wattiqo's privacy statement.

ARTICLE 19 - TRANSFER

Article 19.1

Wattiqo is entitled at any time to transfer all its rights and obligations under this Contract to another company within the group to which it belongs.

Article 19.2

However, User is not entitled to assign or transfer any of its rights or obligations under this Agreement, in whole or in part, in any form whatsoever, to any third party.

Article 19.3

Wattiqo reserves the right to transfer claims arising from this Agreement, in whole or in part, to a financial institution. In such a case, Wattiqo is entitled to provide the necessary contractual information to the acquiring party, without breaching the confidentiality obligation.

ARTICLE 20 - APPLICABLE LAW AND CHOICE OF FORUM

Article 20.1

Dutch law applies to all agreements between the user and Wattiqo to which these general terms and conditions apply.

Article 20.2

All disputes related to agreements, advice, quotes, invoices, etc., between the user and Wattiqo that cannot be resolved amicably will be submitted exclusively to the competent court in Arnhem. Nevertheless, the parties have the right to submit the dispute to an independent arbitration institute.

Article 20.3

Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.

ARTICLE 21 - OTHER PROVISIONS

Article 21.1

In the event of any conflict between these provisions and the general terms and conditions of Wattiqo, these provisions shall prevail.

Article 21.2

Changes to these terms and conditions will be published on the Wattiqo website or App and will be binding from the date of publication, unless otherwise stated.

General terms and conditions of delivery and payment

General terms and conditions of delivery and payment