Version 1.0, last changed: 9 May 2014
Article 1 Definitions
1.1 In these General Terms and Conditions, the following capitalised terms, both in the singular and the plural, will have the meanings as indicated below:
a) Subscription: the subscription to use the Service;
b) General Terms and Conditions: these General Terms and Conditions, including the Modules;
c) App: the Fastned application on the User's mobile device that can be used for the Authorisation, as described further on the Website;
d) Authorisation: the authorisation of the User, who wishes to use the Service at a Charging Station by means of the App, SMS service, PIN code or other technical means of authorisation made available for this purpose by Fastned, whereby the Charging Station can be unlocked to allow the Service to be used and the User is identified to allow the User to be charged for using the Service;
e) Service: the service that Fastned offers to Users under the conditions of these General Terms and Conditions, consisting of (i) the charging of the battery of the User's electric car at Charging Stations following authorisation and for a fee, and (ii) the offering of the WiFi Service for the purpose of charging;
f) Fair Use Policy: the policy of Fastned to safeguard the fair and honest use of the Service, as described at www.fastned.nl;
g) Fastned: the private company with limited liability Fastned B.V., with its principal place of business at Amsteldijk 166, 1079LH, Amsterdam, and filed in the Commercial Register of the Chamber of Commerce under number 54606179;
h) User: the natural person who has concluded the Agreement with Fastned;
i) Help Desk: the first-line help desk operated by Fastned to answer questions from users;
j) Login Data: the telephone number and the password and/or PIN code that enable the User to log in to his/her my.fastned.nl account, the App and to use
k) Intellectual Property Rights: all intellectual property rights, such as copyrights, database rights, rights to domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights, rights to know-how and other rights related to these rights;
l) Charging Station: the physical location of the charging infrastructure of Fastned where the Service can be used;
m) Module: the module as attached to these General Terms and Conditions;
n) My.fastned.nl: the personal account section created by the User at the time when s/he registers for the Service, which section the User can manage via the Website and the App that allows the User to view his/her consumption and Personal Data and other data, and allows the User to supplement and/or change these data to a certain degree;
o) Agreement: the agreement between the User and Fastned for the use of the Service, of which these General Terms and Conditions form an inseparable part;
p) Parties: Fastned and User;
q) Personal Data: all data which, directly or indirectly, can be traced back to a natural person;
s) SMS Service: The SMS service made available to the User for his/her Authorisation, as described further on the Website;
t) Website: the website of Fastned, which can be accessed via http://www.fastned.nl;
u) WiFi Service: the service that Fastned offers as a part of the service to Users that allows Users to use the wireless internet connection at the location of
the Charging Station, with due observance of the Fair Use Policy and subject to the conditions of these General Terms and Conditions.
Article 2 Applicability
2.1 These General Terms and Conditions apply to the Agreement, the use of the Service and all acts, legal and otherwise, carried out between the Parties, including any use of the Website by the User and all offers of Fastned to the User.
2.2 Any purchasing and other conditions of the User are explicitly rejected by Fastned.
2.3 In the event any provisions in these General Terms and Conditions contravene provisions in the Agreement, the provisions of the Agreement will always prevail.
2.4 Deviations from and supplements to these General Terms and Conditions will only be deemed valid if agreed between the Parties in writing. This does not, however, prejudice the right of Fastned to amend and/or supplement these General Terms and Conditions.
2.5 Fastned may unilaterally amend and/or supplement the General Terms and Conditions. The most recent version of the General Terms and Conditions can be found on the Website and the App. In the event an amendment or supplement significantly influences the rights or obligations of the User, Fastned will inform the User of any such amendment or supplement, for example, by clearly displaying it on the Website and in the App.
2.6 By continuing to use the Service following an amendment or supplement to these General Terms and Conditions, the User thereby accepts the new version of the General Terms and Conditions irrevocably. If the User does not agree to the new version of the General Terms and Conditions, the User's only alternative is to discontinue using the Service and to terminate the Agreement in accordance with the provisions of Article 12.
2.7 In the event any provision in these General Terms and Conditions is void or becomes void, the other provisions of these General Terms and Conditions and the Agreement will remain in full force. In the event of a provision in these General Terms and Conditions that is void or has become void, Fastned will replace the provision in question with a new provision, whereby the purpose and purport of the void or voided provision in the General Terms and Conditions are duly observed as far as possible. In the event of a provision in the Agreement that is void or has become void, the Parties will enter into consultations with the aim of replacing the provision in question by a new provision, whereby the purpose and purport of the void or voided provision in the Agreement are duly observed as far as possible.
2.8 Fastned is not obliged to keep an archived Agreement accessible for the User.
Article 3 Service
3.1 Fastned offers the Service to Users subject to the conditions of these General Terms and Conditions.
3.2 The User accepts that the Service only contains the functionality and other features offered by the Service at the time of use (i.e. on an "as-is" basis), and accepts that Fastned is unable to guarantee that the Service will be accessible or available at all times without interruptions or malfunctions or that the Service will be delivered error free and/or in full. Interruptions to or malfunctions in the Service may occur, though not exclusively, as a result of force majeure, malfunctions in the internet connection, malfunctions in the charging infrastructure, malfunctions in the software services of third parties, viruses or errors/defects. If a malfunction occurs in the Authorisation procedure as the result of a malfunctioning App or malfunctioning SMS Service, for example, the User must call the Help Desk.
3.3 Any use of the Service will be at the expense and risk of the User.
3.4 The User guarantees that: a. s/he is authorised to use the Service in accordance with these General Terms and Conditions;
b. his/her use of the Service will: (i) not have any negative effect on the honour and reputation of Fastned, its allied enterprises and/or its directors;
(ii) not contravene any law or regulation, or these General Terms and Conditions.
c. s/he will not use viruses, Trojan horses, worms, bots or other software that could damage the Service and/or (equipment of) its Users or (equipment of)
third parties, render the Service inaccessible or that are intended to circumvent technical security measures;
d. s/he will not act in a way that places an unreasonable and/or disproportionate demand on the infrastructure of the Service and/or obstructs the functionality of the Service (for third parties); e. s/he will not use any applications that monitor, manipulate and/or copy (parts of) the Service;
f. s/he will not use the Service in the name of another person, make the Service available to third parties or allow third parties to use the Service.
3.5 The User is responsible for selecting and using the equipment required for the Service, such as an electric car with a battery that can be charged via the Charging Station and a mobile device on which the App can be installed. The equipment that the user selects and uses must meet the functional and technical requirements for using the Service, as described further on the Website.
3.6 The risk of loss, theft or damage of any data, the car and/or components of the car (including in any case, but not limited to, damage to and/or malfunctioning of the battery of the car) will be borne at all times by the User.
3.7 Conditions of use and other conditions of third parties may apply to the activities the User carries out via the Service. Fastned has no control over the application and content of such conditions and is not responsible for such conditions.
3.8 It is prohibited to use the Service in the name of another person, make the Service available to third parties or allow third parties to use the Service.
Article 4 App
4.1 Fastned may provide the User with an App, which can be used for the Authorisation of the Service. The licences and guarantees as provided in these
General Terms and Conditions apply to both the Service and the App.
4.2 From the moment of the first use of the App, the User is liable for all legal and other acts arising from the use of the App, such as Authorisations and transactions.
4.3 The User guarantees that s/he will use the App carefully and correctly. This means, among other things, that the App may not be used by unauthorised persons or made available to third parties.
4.4 Fastned may at all times restrict or suspend the availability of the App or its functioning.
4.5 In the case of loss, theft or misuse of (the carrier of) the App, the User must inform Fastned without delay, without prejudice to his/her own obligation to take immediate and effective measures, such as reporting the incident to the police and changing the PIN code or other Login Data.
4.6 The User is responsible for meeting the technical and functional requirements that apply to using the App, such as having compatible mobile devices and an internet connection required for using the App.
Article 5 SMS Service
5.1 The SMS Service can be used for the Authorisation for the Service. Fastned can provide the SMS Service to the User for the purpose of authorising a charger if the User in question has no access to the App or the mobile web browser my.fastned.nl.
5.2 The User is responsible for the correct use of the SMS Service, as referred to on the Website. The User is responsible for verifying that the SMS codes stated on the chargers are used correctly.
5.3 In the case of loss, theft or misuse or incorrect use of the SMS Service, the User must inform Fastned without delay, without prejudice to his/her own obligation to take immediate and effective measures, such as reporting the incident to the police, changing the PIN code or other Login Data and deactivating the telephone number in question via my.fastned.nl.
Article 6 Registering for the Service and using my.fastned.nl
6.1 In order to use the Service, the User must create a my.fastned.nl account. Registering for my.fastned.nl is free.
6.2 The User guarantees that the Personal Data and other data s/he fills in when creating his/her my.fastned.nl account is at all times complete, truthful and up to date. It is prohibited to create a my.fastned.nl account in the name of another person and/or provide false details.
6.3 In principle, usage of the Service is open to all persons. If the User is younger than sixteen (16) years, s/he requires the permission of his/her legal representative(s) (i.e. his/her guardian or (one of) his/her parents). The User guarantees that s/he is indeed sixteen (16) years or older or that s/he has obtained the permission of his/ her legal representative(s) to use the Service.
6.4 When registering with my.fastned.nl, the User must provide a telephone number and password and/or PIN code, which will be used for granting access to my.fastned.nl. This e-mail address and password also serve as the User's Login Data.
6.5 The Login Data are personal. The User must keep these Login Data strictly secret and use them with due care. The use of the Login Data is fully at the risk and expense of the User.
6.6 As soon as the User knows, or would reasonably be expected to have known, that the Login Data have fallen into the hands of one or more unauthorised persons, the User must inform Fastned, without prejudice to his/her own obligation to take immediate and effective countermeasures.
6.8 The User can inspect his/her consumption via my.fastned.nl. The User will inform Fastned in the event s/he detects consumption that is at odds with what s/he believes his/her consumption to be. The User must contact Fastned immediately if there is any reason to believe that the security of the App, SMS Service or Login Data has been compromised, or if the User was aware of, or should reasonably have been aware of, the theft, loss or misuse of his/her App, telephone number, Login Data or my.fastned.nl account.
6.8 Fastned reserves the right to change the registration and Authorisation procedure and/or the Login Data if it deems such action necessary in the interest of the performance of the Service.
Article 7 WiFi Service
7.1 Following Authorisation, the User may use the WiFi Service. The User is responsible for configuring and managing his/her devices with which s/he uses the WiFi Service, as well as for the security of these devices.
7.2 The User will be automatically logged out of the WiFi Service after 30 minutes of inactivity.
7.3 For reasons of security, Fastned reserves the right to block certain services and websites.
7.4 The User guarantees that s/he will not assume a (temporary) false identity (e-mail, website, IP address, SSID of the WiFi Service offered by Fastned (“spoofing”)), use the WiFi Service for illegal activities, such as harassing other persons, distributing injurious or discriminating texts or violating intellectual property rights, misuse the WiFi Service in any other way, or use it for other illegitimate purposes.
7.5 Fastned reserves the right to cut or block the WiFi Service, particularly in the event Fastned detects that the User has violated these General Terms and Conditions.
7.6 The User indemnifies Fastned against any claim, legal action, loss or damages of third parties which are based on any use, misuse or unauthorised use of the WiFi Service.
Article 8 Help Desk
8.1 The User can contact the Help Desk from 9 am to 5 pm during workdays (with the exception of nationally recognised and official holidays in the Netherlands) in the event the Service fails to perform or is not available for whatever reason. The Help Desk can be reached via: +31 (0)20 705 5300 or email@example.com.
Article 9 Customer's rights and obligations
9.1 The Agreement is formed following (i) acceptance by the User of the offered Service whereby the User confirms the Service by clicking on the "Register" button, and (ii) receipt of the confirmation of registration by way of an e-mail sent to the e-mail address provided by the User.
9.2 The User guarantees that s/he is legally competent and authorised to use the Service and to enter into the Agreement.
9.3 The User indemnifies Fastned against claims, legal action and damages of third parties which are based on or are related to non-compliance with the provisions of these General Terms and Conditions, or legal or other acts that are the result of such, including but not limited to:
a. the User's legal incompetence or lack of authorisation;
b. the lack of permission to use the Service and to process Personal Data in the event the User is younger than sixteen years;
c. Personal Data and other data of the User which is not complete, not truthful and/or not up to date, including but not limited to the situation in which the
User provides incorrect Personal Data or other data; and/or
d. use, misuse or unauthorised use of the Login Data; and
e. failure to meet the payment obligations as described in Article 11. 9.4 The User is not authorised to sell and/or transfer in any other way the rights and
obligations arising from the Agreement to a third party without the advance written permission of Fastned.
9.5 At the Charging Stations, the User will observe the speed limit and all rules that apply to roads open to public traffic, including expressly the regulations of the Road Traffic Act 1994 (Wegenverkeerswet 1994), and in particular the ban on behaviour that causes or could cause a danger at the Charging Station or that obstructs or could obstruct traffic at the Charging Station, and the ban on any behaviour that causes a traffic accident attributable to the User that results in the death of another person or serious physical injury to another person or physical injury to another person that leads to temporary illness or the inability to carry out normal activities.
Article 10 Fastned's rights and obligations
10.1 Fastned will make every reasonable effort to ensure the description on the Website of the Service offered is as accurate as possible. In the event the description of the Service contains inaccuracies, Fastned will correct the inaccuracies as soon as the User has brought them to its attention or it has itself detected them, and it will inform the User of the correction via the User's my.fastned.nl account or the e-mail address provided by the User if Fastned deems such notification necessary.
10.2 The User cannot hold Fastned to offers or prices of which the User in all reasonableness could have expected that the offer and/or price in question
concerned an error or a typographical error.
10.3 Fastned may change prices and offers without making any prior announcement. In the event the price change is the consequence of statutory amendments (e.g. a change to the rate of VAT), Fastned is allowed at all times to implement the change. Fastned may implement price increases within three months following the formation of the Agreement, in which case the User is entitled to dissolve the Agreement. Fastned may also implement price increases after three months of the formation of the Agreement, without the User having the right to dissolve the Agreement. Price changes will not be unreasonable and not without good reason.
10.4 Fastned reserves the right to cancel, modify or remove the Service without specifying the reasons, in which case the User will not be entitled to any
compensation for damages. In the event an Agreement has already been concluded which cannot be implemented (in full) owing to the exercise of these
rights, the User is entitled to (partial) repayment of the fees already paid under the Agreement. Fastned will endeavour to repay these fees within thirty (30) days, depending on the payment method.
10.5 Fastned is entitled to transfer the rights and obligations arising from the Agreement to third parties. Should this situation arise, the User hereby irrevocably agrees to such a transfer.
Article 11 Price and payment
11.1 Fastned will not charge a fee for registering for the Service. Fees will however be payable to Fastned for Subscriptions and for the use of the Service by the User as effected when the User charges his/her car. The User will pay Fastned the price of the Subscription selected by the User and of the use of the Service by the User as effected when the User charges his/her car, as stated on the Website and with due observation of these General Terms and Conditions.
11.2 Fastned cannot be held to offers or prices of which the User in all reasonableness could have expected that the offer and/or price in question concerned an error or a typographical error.
11.3 All prices are inclusive of turnover tax (VAT).
11.4 All prices are stated in euros. The User must settle all payments in euros.
11.5 With respect to the amounts paid or owed by the User, the relevant documents and data from Fastned's records will serve as conclusive evidence, without prejudice to the right of the User to bring forward evidence to the contrary. The User may pay by means of direct debit or by means of a credit card. Fastned has no influence over the application or content of the terms and conditions of credit card companies, and is not responsible for the use of the services or products of these third parties.
11.6 The fees for the Subscription taken or the use of the Service will be invoiced to and collected from the User either per time (or per use) or periodically.
11.7 All purchases using the Login Data will result in a payment obligation for the User vis-à-vis Fastned.
11.8 If the payment is not effected because, for example, the account number provided does not exist or has no balance, the credit card number is incorrect or the credit card has reached its limit, the Subscription will not be activated and Fastned is entitled to suspend the Service immediately, without prejudice to the right of Fastned to recover any costs/damages incurred from the User.
11.9 If the User wishes to use the SMS Service, Fastned may charge the User a fee for this service.
11.10 Fastned is entitled to unilaterally adjust the limits for the number of transactions per transaction and/or per Subscription. Continued use of the Service means that the User accepts the adjustment implemented.
11.11 Fastned is entitled to adjust the prices for Subscriptions without giving prior notification. If the Parties have agreed to a periodic payment obligation for an existing Subscription, Fastned is entitled to adjust this periodic payment obligation with due observance of a term of three (3) months after it has given written notification thereof. In the event the User is not in agreement with any such price adjustment, the User is entitled to terminate the Agreement in writing within thirty (30) days following notification of the adjustment, effective the date on which the adjustment would come into force.
11.12 If the User fails to meet his/her payment obligations vis-à-vis Fastned within the set term, Fastned is entitled to transfer the claim to a third party for collection following notice of default and the end of the reasonable period specified for remedying the breach. The associated costs may be charged to the User, which costs will be calculated as follows:
15% on the first 2,500 euros of the claim, subject to a minimum of 40 euros;
10% on the following 2,500 euros of the claim;
5% on the following 5,000 euros of the claim;
1% on the following 190,000 euros of the claim;
0.5% on anything in excess, subject to a maximum of 6,775 euros.
Article 12 Intellectual Property Rights
12.1 The Intellectual Property Rights with respect to the Website and the Service, including but not limited to the texts, images, designs, photographs, software, audio-visual material and other materials are vested in Fastned and/or its licensors.
12.2 Nothing in these General Terms and Conditions may be interpreted as transferring any Intellectual Property Rights to the User. The use that the User may make of the Service is limited to that which is described in these General Terms and Conditions.
12.3 Under the conditions as stipulated in these General Terms and Conditions, Fastned grants the User a limited, personal, irrevocable, non-exclusive, nonlicensable/non sub-licensable, non-transferable right to use the Service. Moreover, the right to use the (components of the) Service for which a Subscription must be concluded is subject to a suspensive payment condition.
12.4 The Service, the Website and/or other data are expressly prohibited from being copied, publicised, used for direct or indirect commercial purposes, or for any purpose other than the purposes referred to in the General Terms and Conditions, unless Fastned or the titleholder have granted explicit permission in writing.
12.5 The User will not perform any acts that could constitute a breach of the Intellectual Property Rights of Fastned and its licensors, such as registering domain names, trademarks or search terms for advertising and other services of search engines (such as Google Adwords keywords) that resemble or are identical to any sign to which Fastned or its licensors can claim Intellectual Property Rights. The User recognises and accepts that any improper use of texts, images, designs, photographs, software, audio-visual material and/or other materials in which Intellectual Property Rights are vested constitutes a breach of these General Terms and Conditions and the applicable legislation.
12.6 The User is prohibited from removing or circumventing, either independently or through the agency of another party, any security or other measures, technical in nature or otherwise, in the Service or that are connected with the Service.
12.7 Fastned is not obliged to make any software other than the App available, in source code or otherwise, also not if such software is necessary to use and/or maintain the Service.
Article 13 Protection of privacy
Article 14 Liability
14.1 Fastned's liability for damage as a result of a culpable shortcoming in the fulfilment of the Agreement or an illegal act or otherwise is, to the extent such is legally permitted, limited per event (a series of consecutive events being considered a single event) to the compensation of the damage, up to no more than the amount of the fees paid by the User and received by Fastned for the month prior to the event that caused the damage. Fastned's liability for damage will never exceed the amount paid out under the business liability insurance policy taken out by Fastned.
14.2 Fastned's liability for indirect damage is excluded. Indirect damage is in any case understood to mean, though not exclusively, all consequential damage, loss of profits, loss of savings, loss of goodwill, damage resulting from business stagnation, damage resulting from claims by clients or potential clients of the User, the loss, corruption or destruction of data or data files, refusal, misuse or malfunctioning of the SMS Service, misuse or malfunctioning of the WiFi Service, misuse or malfunctioning of the internet connection of User and misuse or unauthorised use of the App and/or SMS Service and all (other) damage caused by force majeure, as described in Article 15.
14.3 The exclusions and limitations referred to in this Article cease to apply if and to the extent the damage is a consequence of an intentional act or wilful recklessness on the part of Fastned or its management.
Article 15 Force Majeure
15.1 Fastned is not bound to fulfil any obligation if it is prevented from doing so by force majeure. Force majeure is, among other things, taken to mean:
a. force majeure affecting suppliers of Fastned;
b. defective items, equipment, software or materials of third parties;
c. government measures;
d. electricity disruptions;
e. disruptions to internet, computer network or telecommunication facilities;
g. staffing complement;
15.2 If the force majeure situation lasts longer than thirty (30) days, each Party is entitled to dissolve the Agreement.
Article 16 Term and termination
16.1 The Agreement is entered into for an indefinite period of time and may always be immediately terminated by either Party. The duration of a particular Subscription agreement is specified for the Subscription in question. Subscriptions are terminable at one month's notice, unless specified otherwise for a particular Subscription.
16.2 Each of the Parties is authorised to dissolve the Agreement owing to a culpable shortcoming in the fulfilment of the Agreement if the other Party, following an as detailed as possible notice of default which sets a reasonable term in which to remedy the breach, culpably fails in the fulfilment of essential obligations under the Agreement. The User's obligations as referred to in Articles 3.4, 5.4, 5.5, 5.6, 6.2, 6.5, 6.6, 7.4, 9 and 11.1 of these General Terms and Conditions are always deemed to be essential obligations under this Agreement.
16.3 If the User at the time of termination, as referred to in the previous paragraph, has already received performances under the Agreement, these performances and the related payment obligation will not constitute a ground for cancellation. The liability for amounts that Fastned has invoiced before the termination continues without any reduction and such amounts will be immediately payable at the time of the termination.
16.4 Fastned is entitled to terminate the Agreement, in full or in part, without notice of default being necessary if the User is granted a moratorium, provisional or otherwise, or if bankruptcy proceedings are instituted against the User.
16.5 Fastned will not be obliged to refund money it has already received or pay compensation or to surrender data as a result of termination, dissolution or any other type of cessation of the Agreement. The right of the User to access the Service will lapse by operation of law in the event of termination, dissolution or any other type of cessation of the Agreement. In such an event, the User will remove the App and/or no longer use the SMS Service. To the extent the User does not comply with the foregoing, the User will be liable for all use, including misuse, of this App or SMS Service in accordance with the provisions in these General Terms and Conditions.
16.6 If the User fails to fulfil its obligations under this Agreement, or fails to do so in time or in full, particularly with respect to fulfilling the provisions in Articles 3.4, 5.4, 5.5, 5.6, 6.2, 6.5, 6.6, 7.4, 9 and 11.1 of the General Terms and Conditions, Fastned is entitled to suspend performance of the Agreement, either in full or in part, without any demand or notice of default being required. This provision does not prejudice the right of Fastned to exercise any other statutory and/or agreed right.
16.7 The provisions that are intended to remain applicable following the termination, dissolution or cessation by other means of the Agreement will extend beyond the termination, dissolution or cessation by other means of the Agreement.
Article 17 Applicable law
17.1 The Agreement, the General Terms and Conditions, the use of the Service and Subscriptions are governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.
Article 18 Settlement of disputes
18.1 All disputes that arise between the Parties will be brought before the competent court in the court district where the User resides. This does not prejudice the right of the Parties to seek a settlement to the dispute through mediation.