Service conditions for ChargePilot

Here you will find the detailed service conditions of The Mobility House, which apply to ChargePilot, our Charging and Energy Management.

Service Conditions for ChargePilot

1. Scope of Contract

These Terms of Service are an agreement between the Customer and The Mobility House GmbH St.-Cajetan-Str. 43, 81669 Munich, Germany, hereinafter also referred to as TMH. This Agreement regulates the purchase and operation of ChargePilot from TMH, as well as the other agreed services. ChargePilot charging and energy management system consists of a local control unit, the Smart Charging Controller (hardware), and The Mobility House Backend (software), which is operated as Software as a Service. The Smart Charging Controller is the central element of ChargePilot. It controls all charging processes and at the same time serves as a connecting element to The Mobility House Backend. The Mobility House Backend is the software for the Customer. All settings and evaluations are made here. The scope of this contract is the operation of the Smart Charging Controller as well as the Mobility House Backend in the basic “Monitoring” function and the other commissioned packages (as per order).

2. Privacy Policy

The TMH Privacy Policy (https://www.mobilityhouse.com/int_en/privacy-policy) applies.

3. Service Package

The agreed services are defined in this section. These shall in principle only apply to components which the Customer has purchased from TMH and which are operated in combination with ChargePilot, unless otherwise agreed in writing.

3.1 Service Package

Unless otherwise agreed in writing, the conditions of the attached Service Package “Base” apply.

3.2 Obligations of the Client

The Customer shall permit and enable the service personnel of TMH and its contractual partners or subcontractors unhindered access to all locations, operating rooms, components and other premises necessary for the performance of the service work after prior agreement.

For coordination purposes, the Customer shall designate one or more contact persons on site who can be contacted directly by TMH for troubleshooting during the agreed service times (in accordance with the agreed service package).

In the event of a fault, the Customer shall inform TMH immediately and with a detailed description of the fault. During fault analysis and troubleshooting, the Customer shall support TMH to a reasonable extent in order to keep downtime to a minimum and to avoid the expense of an on-site appointment.

If the Internet connection is not provided by TMH, the Customer is required to provide a permanent Internet connection during operation. Furthermore, the Customer must ensure that all necessary ports are activated. TMH accepts no liability for damage, malfunctions or restrictions in operation due to a lack of Internet connection or a failure of the mobile network.

3.3 Description of Services

3.3.1 Support Hours

The support hours define the period in which the customer service responsible for the respective product can be reached via the relevant communication channels.

3.3.2 Response Time

The response time is the period from receipt of the fault report in writing or by telephone during support hours, or from the next working day in the case of a fault report outside support hours, until written acknowledgement of the process including classification by TMH.

3.3.3 Working Days

Working days are Monday to Friday, excluding public holidays in Bavaria (Munich region).

3.3.4 Help with Support Enquiries

Unless otherwise agreed in writing, support in operating the provided hardware and software shall be provided in accordance with the agreed service package.

3.3.5 Active Remote Monitoring of the System

The software, the connection, and the availability of ChargePilot and the connected charging stations are permanently monitored (24/7) by means of active system monitoring.

3.3.6 Remote Recovery

Remote recovery covers all services for which an on-site visit by a technician is not necessary in the event of a malfunction. This includes software system recovery, restarting individual components and charging stations, as well as telephone support for on-site activities by the Customer or the Customer’s partners.

3.3.7 System Availability

Availability of ChargePilot charging and energy management system minus maintenance windows for the entire year in %. Availability is deemed to be met if load management functionality is guaranteed. This excludes cloud functionalities such as monitoring and the updatability of the system.

3.3.8 On-Site Troubleshooting

On-site troubleshooting is necessary if remote recovery is not able to resolve the problem.

3.3.9 Interim charging station solution

A mobile charging station that can be connected to an electrical outlet in the event of a fault in a charging station. Please note that the mobile charging station cannot be connected to the charging and energy management system.

3.3.10 Reporting and Dealing with a Fault

The response time begins with the receipt of the fault report including a detailed description of the fault by the Customer sent via the specified communication channel to TMH. The corresponding communication channels apply in accordance with the agreed service package.

Within the specified response time, the Customer receives a qualified statement from a TMH employee, if possible, including an evaluation of the severity of the fault. Ideally, this qualified statement shall already include the solution or conclusion to the process, but shall at minimum include an initial assessment of the report and information on how to proceed.

In the case of faults related to limited or lacking usability, distinctions shall be made according to the following criteria:

 

 Critical:           

Charging at the charging stations connected to ChargePilot is not possible.

 Severe:

Charging at the charging stations connected to ChargePilot is only possible to a limited extent. (The charging and energy management function is not available, but charging is possible)

 Minor:

Charging at the charging stations connected to ChargePilot is possible with slight restrictions. (The charging and energy management function is available, but one or more product components are not responding fully or responding slowly)

 

The classification of the report according to the above classifications is carried out by TMH employees on the basis of the Customer’s description of the problem.

If no on-site appointment is needed, the guaranteed functions will be made available again within the defined time for remote recovery (in accordance with the agreed service package). The starting point for this period is the acknowledgement of the report by TMH via the aforementioned communication channels. The end point of this time period is the resolution of the fault (see Image 1).

Response time according to TMH terms of service
Image 1: support process for rectification

If, based on the error analysis, an on-site appointment is required for troubleshooting, this will be agreed upon with the Customer according to his availability and within the specified period of time. The agreed time windows shall apply in accordance with the agreed service package.

In the event of a warranty claim, the current TMH Terms and Conditions shall apply. The costs for an on-site appointment shall be borne by the Customer in accordance with the agreed service package, unless other written agreements have been made. Upon expiry of the warranty, the Customer shall bear the cost of replacing the components in accordance with the agreed service package, unless otherwise agreed in writing

3.4 General Maintenance Work

For periodic, planned or unplanned maintenance work on the systems that is necessary for the maintenance and security of ongoing operations or the implementation of updates or upgrades, maintenance windows shall be scheduled with reasonable prior notice. Any disruption to availability caused by such necessary work is not defined as downtime.

Should updates lead to the stabilisation of the system or the prevention of errors, TMH shall be entitled to suspend the services agreed in the service package if the Customer refuses or prevents the updates.

4. Disclaimer and Limitation of Liability

The TMH Terms and Conditionss apply.

5. Revision Clause

TMH is entitled to revise the service contract, the service description or the Terms and Conditions and other conditions. TMH shall make such revisions only for valid reasons, in particular due to new technical developments, changes in case law or other equivalent reasons. If the revision significantly disturbs the contractual balance between the parties, the revision shall be omitted. Otherwise, revisions require the consent of the Customer if the Customer is placed in a worse position by the revision.

6. Closing Provisions / Written Form

There shall be no verbal agreements. Revisions and additions to this agreement must be made in writing. Revisions and additions must be expressly identified as such and signed by both parties.

7. Severability clause

Should individual provisions of this contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of the respective contract.

8. Conclusion of Contract

This service contract becomes valid upon acceptance of the offer by the Customer.

9. Pricing Policy

All prices are valid for the duration of the contract as agreed in the offer.

10. Term, Terms of Payment, Revocation and Termination

Service Package “Base”

   

Base

General

 

 

Costs

 

Included

Support hours*

 

Mon–Fri, 8 a.m.–6 p.m.

Contact information for The Mobility House

 

+49 (0) 89 215 38 054
[email protected]

Response time in the event of a fault reported by the Customer

 

Next working day

Hardware component guarantee**

 

24 months from date of purchase

Support services

 

 

Help with support enquiries

 

During support hours

Remote monitoring of the system

 

 

Active remote monitoring of the system

 

24 / 7

Remote recovery

Critical

48 hours

 

Severe

72 hours

 

Minor

As soon as possible

System availability

 

> 97%

On-site troubleshooting

Replacement parts service for TMH ChargePilot hardware components**

 

Within 2 working days at the Customer’s location
(for shipping within Germany)

On-site technician appointment***

 

Within 5 working days
€130 flat-rate travel fee up to 50 km and €109 for each working hour plus materials

Interim charging station solution

 

Mobile charging solution, typically at the Customer’s location within 2 working days (for shipping within Germany)
€50 per day plus installation, assembly and other expenses

All prices include the statutory VAT.

* Only on working days

** Only for components purchased from TMH and used in combination with ChargePilot

*** Prices are valid for deployments on working days and within Germany

Version: June 2020.