1. Scope of Contract
These service conditions are an agreement between the customer and The Mobility House GmbH, St.-Cajetan-Str. 43, 81669 Munich, Germany, hereinafter also referred to as TMH. The agreement regulates the purchase and operation of ChargePilot from The Mobility House (TMH), as well as the other agreed services.
ChargePilot consists of a controller set (hardware & software), including the local control unit "Smart Charging Controller", and The Mobility House backend (software). The software on the Smart Charging Controller and in the backend 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 the connecting element to The Mobility House backend. The Mobility House backend can be operated by the customer via a user interface. All settings and evaluations take place here.
The scope of this contract is the operation of the Smart Charging Controller as well as The Mobility House backend in the ChargePilot Starter Set and the other ordered packages (according to order).
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. Not included is the service for the electrical installation and the customer's own communication network (see also section 3.2.).
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 (see connectivity package “mobile data & LTE-Router”), 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.
Furthermore, the customer informs TMH in case of foreseeable disturbances of the system (e.g. maintenance work) and discusses changes of the system structure with TMH before execution (e.g. changes of the electrical infrastructure, the communication network or installation of new charging stations).
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. In the case of error messages automatically generated by TMH to the customer, the response time shall start when the customer reports or confirms the fault to TMH in writing or by telephone.
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
Through active system monitoring, the software, the connection and availability of ChargePilot and, depending on the agreed service package, also the charging stations connected are permanently (24/7) monitored.
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 On-Site Troubleshooting
On-site troubleshooting is necessary if remote recovery is not able to resolve the problem.
3.3.8 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:
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 the support of a TMH Employee as well as 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 stabilization 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 Conditions 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 customer will be informed. 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
Unless otherwise agreed in writing, the TMH Terms and Conditions shall apply.