Terms and Conditions Amplicity MGAtech GmbH
I. Subject of the contract
As a service for its customers (restaurants, municipalities, hotels, companies, etc.), MGAtech GmbH offers the possibility of making their charging stations chargeable without prior registration by direct payment by the end-customers.
The charge service can be paid for by credit card or in some cases also PayPal to the account of MGAtech GmbH by the electric car user.
MGAtech GmbH only provides the billing service and not the hardware. Thus, any liability for any kind of claim that occurred because of, or in connection to the hardware is excluded.
II. Conclusion of the contract
The contract is concluded in the course of usage of the direct payment service by accepting the terms and conditions.
III. Charging process
A smartphone with internet access must be available to use the direct payment service.
Charging
is only started after selecting the charging point (scanning the desired QR code) and one of the
available charging products, confirming and paying for them, and ends automatically after time or
amount has been reached.
If the user ends the charge before the product charging time, or amount has expired, he will only be charged for the charging time / amount that he actually charged.
In addition there is a fixed start fee that will be charged for every transaction.
This start fee can be seen under point 1 after scanning the QR Code, and is also calculated in the total price.
IV. Charging process with RFID Card
The user can apply for an RFID card from MGAtech GmbH or its partner. This is printed with a code before giving it out to the user.
The user must enter this code, his billing data and his credit card in the customer portal of Amplicity.
Then the user can charge at the Amplicity (or partner station) charging station that he desires, and the kWh price (plus start fee) will be charged- the kWh price and start fee price can be accessed by scanning the QR code of the charging session before every charging session.
The kWh price, as well as the specified start fee is then billed for each charge. The user will receive an invoice via e-mail, and will see the invoice in the customer portal of Amplicity.
When paying via RFID, the validity of the credit card stored in the customer portal is checked. The user can then charge using his RFID card, and MGAtech GmbH debits the charged amount from the stored credit card.
If the credit card is not covered, MGAtech GmbH will try to charge the credit card 3 times in 12-hour time intervals.
If these attempts to debit the credit card are not successful, the RFID card of the user will be blocked until the user has deposited a new credit card or the deposited one is covered, and the outstanding charge(s) has/have been balanced.
V. Scope of use
The customer is encouraged to clear the parking spot belonging to the charging point immediately after the end of use of the direct payment service so that it is available for other customers to use.
VI. Billing
Billing is based on the selected charging product and the type of meter installed in the charging station.
The data transmitted by the charging station will be charged by MGAtech GmbH.
MGAtech GmbH
assumes no liability for the correctness of the data transmitted by the charging station.
VII. Contract duration
The contractual relationship ends immediately after the end of the charging process.
VIII. Liability
MGAtech GmbH is not liable for the unavailability of charging points or any claim resulting therefrom. MGAtech GmbH and the user are liable in accordance with the general provisions of the law on damages. Insofar as negligence is relevant for the liability, liability is only assumed in the event of willful intent and gross negligence. Liability for consequential damage, loss of profit, loss of interest, loss of production, standstill as well as for all indirect damage is also excluded.
In particular, the user is not entitled to a refund of the payments made via the payment service provider if a disruption or an interruption of the charging process occurred due to the technical equipment of the vehicle.
Claims for damages become statute-barred after one year from the point in time at which the injured party became aware of the damage. Compensation claims are limited to EUR 150 per case of damage. MGAtech GmbH is not liable for damage caused by abusive or improper use of the installations and devices or by manipulation by the user or by third parties. MGAtech GmbH accepts no liability for force majeure. In particular, disruptions or maintenance of the power grid, official orders and other circumstances for which the non-performing contractual partner is not responsible are deemed to be force majeure.
IX. Place of jurisdiction
The place of jurisdiction is Graz. Only substantive Austrian law is to be applied, but not the provisions of the UN Sales Convention and the non-mandatory reference norms of international private law.
X. Addendum
Should any provision of this contract be, or become illegal, ineffective or unenforceable at any point in time under the applicable legal system, this shall not affect the legality, effectiveness and enforceability of the remaining provisions. The parties undertake to replace any illegal, ineffective or unenforceable provision with a lawful, valid and enforceable provision that comes as close as possible to the invalid provision in its economic purpose.