EEVY terms and conditions

In these terms the following definitions apply:

EEVY: Panoptis B.V., trading under the name EEVY, which, as a registration service provider, registers electricity supplied to transport in the Register for Energy for Transport.

Participant: the natural person or business entering into an agreement with EEVY.

Consumer: a participant acting for purposes outside their trade, business or profession.

Business participant: a participant acting in the course of a trade, business or profession.

Connection: the electricity connection at which electricity relevant to the service is supplied to transport.

EAN code: the unique identification code of the relevant electricity connection.

Charge point: the installation used to supply electricity to an electric vehicle.

Charging session: a recorded supply of electricity to an electric vehicle.

NEa: the Netherlands Emissions Authority.

REV: the Register for Energy for Transport.

ERE: an emission reduction unit created in the REV in accordance with applicable laws and regulations.

Authorisation: the separate written or electronically signed authorisation by which the participant grants EEVY and, where applicable, the NEa and the verifier the powers required for registration.

Verifier: the independent registration verifier who performs checks in accordance with applicable regulations.

Proceeds: the proceeds actually realised from the sale of EREs relating to the participant, before deduction of EEVY's agreed fee.

1. EEVY acts as a registration service provider and carries out the work required to register eligible electricity supplied to transport in the REV in accordance with applicable regulations.

2. The service may include collecting and processing metering and charging data, checking data, arranging registrations, supporting verification, managing the resulting EREs, selling them and settling the realised proceeds with the participant.

3. EEVY may aggregate volumes and EREs from multiple participants and decides, subject to its obligations to participants, when and through which suitable counterparty or trading method they are sold.

4. EEVY makes reasonable efforts to perform the service carefully and achieve an appropriate sales result. EEVY does not guarantee any quantity of EREs, sale price, market price or proceeds.

5. EEVY is not an energy supplier. The participant's electricity supply agreement is separate from the agreement with EEVY.

6. EEVY may engage suitable third parties to perform the service, including technical service providers, trading and payment partners and verifiers.

1. A registration is a request for EEVY to accept the participant for the service.

2. Before acceptance, EEVY may check whether the participant, connection, EAN code, charging location, metering equipment, charger and available data meet or are expected to meet the applicable conditions.

3. The agreement is formed when EEVY confirms participation electronically or in writing.

4. The confirmation states the agreed rate or refers unambiguously to the applicable rate.

5. EEVY may reject an application if the connection or participant does not meet the applicable conditions or if EEVY cannot reasonably provide the service.

6. Registration is free and EEVY charges no fixed connection or subscription fees unless expressly agreed with the participant in advance.

1. If a consumer concludes the agreement at a distance and the statutory right of withdrawal applies, the consumer may cancel the agreement without giving reasons for fourteen days.

2. The withdrawal period starts on the day the agreement is concluded.

3. The consumer may exercise this right by informing EEVY unambiguously within the period, for example via info@eevy.nl. The consumer may also use the statutory model withdrawal form.

4. Unless EEVY begins performing the service during the cooling-off period at the consumer's express request, EEVY begins the relevant performance after the statutory cooling-off period ends.

5. These terms cannot restrict consumers' statutory rights.

1. To carry out registrations, the participant must provide a valid authorisation that complies with applicable laws and regulations.

2. An authorisation is granted for one or more expressly stated full calendar years, each from 1 January through 31 December.

3. An authorisation is not renewed automatically.

4. A new or expressly renewed valid authorisation must exist for a subsequent calendar year where required by applicable regulations.

5. The EEVY agreement and the authorisation are legally distinct. If a valid authorisation ends or is absent, EEVY may be unable to register new electricity supplies for the participant.

6. The participant grants the consents and powers described in the separate authorisation that are necessary for checking connection details, registration and verification.

7. If details change so that an authorisation is no longer valid under applicable regulations, the participant must inform EEVY as soon as possible.

1. The participant may not simultaneously authorise another registration service provider for the same connection or EAN code, calendar year and electricity supplies where prohibited by applicable regulations.

2. The participant confirms that electricity supplies submitted to EEVY are not also claimed or registered through another party.

3. EEVY may suspend the service if it reasonably suspects duplicate registration or claims, incorrect information or another breach of applicable regulations.

1. The participant provides accurate, complete and current information that EEVY reasonably needs for the service.

2. This may include name and address details, EAN code, bank account number, charging location, charge point or charging backend details and relevant metering and charging data.

3. The participant informs EEVY as soon as possible of changes that may affect registration, including relocation, changes to the EAN code, owner or contract holder, replacement of the meter or charger and changes to the charging backend.

4. The participant cooperates, where reasonably necessary, with checks and verifications arising from applicable regulations.

5. The participant must not manipulate data or act in a way that may result in incorrect, duplicate or otherwise impermissible registration.

1. EEVY can process only electricity supplies eligible for registration under applicable laws and regulations.

2. The participant ensures that the charging and metering equipment used for registration meets the requirements applicable to the relevant situation.

3. A MID-certified meter may be required where a connection is not used exclusively to supply electricity to transport.

4. EEVY may request evidence that the metering equipment and charging arrangement meet the applicable requirements.

5. EEVY may check, compare, correct or disregard charging and metering data where it has reasonable grounds or where necessary to comply with laws and regulations.

6. A technically available charging session does not in itself create a right to registration or payment.

1. Registrations may be checked by EEVY, a verifier, the NEa or other authorised parties.

2. The participant provides the cooperation reasonably required for these checks under applicable regulations.

3. EEVY cannot guarantee EREs or proceeds until the relevant data, verification and registration have been finally processed.

4. If the NEa, verifier or another competent authority rejects, changes, corrects or invalidates a registration, EEVY may adjust its records and the proceeds allocated to the participant accordingly.

1. EREs obtained by EEVY through the registration service are managed and traded by EEVY within the agreed service and applicable regulations.

2. EEVY may aggregate and jointly sell EREs from different participants.

3. EEVY decides the time and method of sale, acting carefully and considering participants' interest in an appropriate sales result.

4. The market value of EREs may fluctuate. Historical, indicative or website prices do not guarantee the final realised price.

5. The participant cannot require EEVY to sell on a specific date, at a specific price or to a specific counterparty unless separately agreed in writing.

1. EEVY receives the fee agreed when the participant entered into the agreement.

2. If the introductory rate applies, EEVY's fee is 4.9% of the gross sale proceeds actually realised from EREs allocated to the participant.

3. The communicated percentage includes VAT for private and business participants insofar as VAT is due on the service.

4. If a rate other than the introductory rate applies, it is clearly communicated before or when the agreement is concluded and recorded in the confirmation.

5. EEVY may not deduct other fixed or variable costs from the proceeds unless clearly agreed with the participant in advance.

1. The amount paid to the participant is calculated from the actually realised sale proceeds allocated to the participant, less EEVY's agreed fee and any legally required deductions.

2. In principle, EEVY settles with the participant quarterly.

3. Payment takes place after the relevant electricity supplies have been sufficiently processed, the related EREs obtained and sold, and EEVY has received the sale proceeds.

4. If registration, verification, correction, sale or receipt of proceeds is incomplete, EEVY may carry the relevant amount into a later settlement period.

5. EEVY is not required to advance EREs or proceeds not yet finally realised or received.

6. Payment is made to the participant's bank account known to EEVY. The participant is responsible for timely notification of changes.

7. Where reasonably possible, EEVY provides insight into the settlement, including allocated volume, realised proceeds, EEVY's fee and the net amount payable.

1. A previous registration or settlement may be corrected if its underlying data or registration later proves incorrect or is corrected by a competent party.

2. If a correction results from incorrect or incomplete participant information, duplicate registration, manipulation or another circumstance reasonably attributable to the participant, EEVY may set off any overpayment against future payments.

3. If set-off is impossible or insufficient, EEVY may recover a demonstrable overpayment.

4. A correction caused solely by an error attributable to EEVY will not be charged to the participant without a legal or contractual basis.

5. EEVY informs the participant of a material correction and how it was processed in the settlement.

1. Each party is responsible for the taxes and fiscal obligations legally borne by it.

2. EEVY processes VAT on its own service in accordance with applicable tax rules.

3. The tax treatment of ERE proceeds received by a participant may depend on personal or business circumstances. EEVY does not provide individual tax advice.

4. EEVY may withhold or report amounts or collect additional participant information where legally required.

1. The service partly depends on third-party systems and data, including charger manufacturers, charging backends, grid operators, metering companies, verifiers, trading platforms and government registers.

2. EEVY therefore cannot guarantee uninterrupted availability of all connections and systems.

3. In case of an outage or missing data, EEVY will make reasonable efforts to limit the consequences or, where possible, process the relevant data later.

4. EEVY is not responsible for third-party failures insofar as they are not attributable to EEVY.

1. EEVY performs its service with the care reasonably expected from a professional registration service provider.

2. EEVY is not liable for damage caused solely by incorrect participant data, third-party outages or failures not attributable to EEVY, changes in laws or regulations or decisions of competent authorities, unless the law provides otherwise.

3. For business participants, EEVY's liability for indirect damage, including consequential loss, lost profit and lost savings, is excluded insofar as legally permitted.

4. EEVY's liability to a business participant is, insofar as legally permitted, limited to the amount paid under EEVY's liability insurance in the relevant case plus the applicable excess. If no insurance payment is made, liability is limited to the fees EEVY received from that business participant during the twelve months before the event causing the damage, up to €10,000.

5. These limitations do not apply to damage caused by intent or deliberate recklessness of EEVY's management or where limitation is prohibited by law.

6. Mandatory consumer law always applies to consumers. Nothing in these terms restricts statutory consumer rights that cannot be contractually limited.

1. EEVY may suspend all or part of the service where an investigation is reasonably required into possible fraud, manipulation, duplicate registration, incorrect metering data, unauthorised use or another possible breach of applicable rules.

2. EEVY informs the participant unless doing so could hinder the investigation or is prohibited by law.

3. In proven cases of fraud or deliberate manipulation, EEVY may terminate the agreement and recover amounts paid incorrectly, without prejudice to other legal rights.

1. The agreement is entered into for the period confirmed when it is concluded, taking account of the statutory system of full calendar years for registration and authorisation.

2. An authorisation for a particular calendar year ends no later than 31 December of the final calendar year for which it was expressly granted and is not renewed automatically.

3. Where applicable regulations require the participant to remain with one registration service provider during a calendar year, termination during that year cannot retroactively transfer registration activities already allocated to EEVY to another provider.

4. Termination does not affect the completion of registrations already performed, in progress or still subject to correction, or the related financial settlement.

5. EEVY may terminate or discontinue the agreement if the participant no longer meets participation conditions, no valid authorisation exists, required information remains structurally absent, continuation would breach laws or regulations, or EEVY discontinues the relevant service.

6. For a breach that can reasonably be remedied, EEVY will in principle first provide a reasonable opportunity to remedy it before terminating for that reason.

1. EEVY may change these terms for reasonable cause, including changes in laws or regulations, NEa directions, technical developments, changes to the ERE system or necessary service changes.

2. EEVY informs participants in advance of material changes and makes the amended terms available in a durable and accessible manner.

3. Changes do not adversely affect consumers' existing statutory or contractual rights insofar as the law does not permit this.

4. If a change materially alters the core of the agreement to the participant's disadvantage without a legal or regulatory requirement, the participant may terminate before it takes effect where required by law or the agreement.

5. A change to these terms does not automatically change a separately agreed fee percentage for a current contract period unless expressly agreed or legally required.

1. EEVY processes personal data in accordance with applicable privacy laws and its privacy statement.

2. Where necessary for the service, EEVY may share data with parties involved in metering, charging records, verification, registration, sale, payment and statutory checks.

3. EEVY processes no more personal data than reasonably necessary for the relevant purposes and takes appropriate technical and organisational security measures.

4. More information on purposes, legal bases, retention periods and data subject rights is provided in EEVY's privacy statement.

1. The agreement, authorisation and other declarations may be concluded and signed electronically insofar as permitted by law and applicable regulations.

2. EEVY may retain electronic data about the signing process to evidence the formation, content, authenticity and integrity of the agreement or authorisation.

3. This may include the signing date and time, document version, document identification, verification method, transaction identification and technical data reasonably required for evidence and security.

4. The participant receives or can access a copy of the agreement and/or authorisation entered into on a durable medium.

1. EEVY is not required to perform insofar as performance is temporarily or permanently impossible due to circumstances reasonably beyond its control.

2. These may include prolonged failure of essential infrastructure or government registers, serious outages at necessary third parties and government measures that temporarily prevent performance.

3. Changes in the statutory ERE system, calculation methods, registration requirements or other public-law rules may affect the number of EREs, registration eligibility and final proceeds. EEVY does not guarantee that current regulations will remain unchanged throughout the term.

4. EEVY informs participants of material consequences for the service where reasonably expected.

1. A participant may submit a complaint via info@eevy.nl.

2. EEVY acknowledges receipt and handles the complaint within a reasonable period.

3. Submitting a complaint does not restrict the participant's statutory rights.

1. Dutch law applies to the agreement and these terms.

2. Disputes are submitted to the court competent under the law.

3. For consumers, a choice of Dutch law does not prejudice mandatory protection available under applicable international consumer law.

4. If a provision is void, voidable or otherwise unenforceable, the remaining provisions remain effective. The parties will replace it where necessary with a valid arrangement that reflects its purpose as closely as possible.

5. In case of conflict between the agreement, an individual rate arrangement, the authorisation and these terms, a specific individual arrangement agreed with the participant prevails over these terms. The authorisation determines the scope of the powers granted in it.

6. Mandatory law and applicable public-law regulations always prevail over these terms.

Panoptis B.V., EEVY | Reguliersdwarsstraat 58 A | 1017 BM Amsterdam | Chamber of Commerce 58339337 | support@eevy.nl