General Terms and Conditions for Kia Charge

Definitions

The following words or phrases with initial capital letters and each within inverted commas are defined terms and have the following assigned meanings in these Terms and Conditions.

"Charging Service": the charging service under the name "Kia Charge", with which the Customer can find charging stations, charge at them and which charges for the charging processes.

"Charging Service Account": the customer account of the charging service.

"Charging Service Customer Area": the customer area of the charging service, in which the customer can view his contract and charging data as well as invoices and account settings.

"Charging Service Contract":  the agreement concluded on the basis of these General Terms and Conditions.

"Charging Card": the RFID card of the charging service with which the customer can access and charge at most charging stations.

"Charging App": the charging service app with which the customer can access and charge at most charging stations.

"Charging Service Website": the website https://kiacharge.com of the Charging Service where the Customer can register his Charging Service Account.

"Charging service tariff page": the website https://kiacharge.com/web/kia-ie/tariffs of the charging service where the customer can view the tariffs of the charging service.

"Charging Service Partner": the operators of charging stations that the customer can use to charge electric vehicles with the charging service.

1. Charging Service

1.1. Under these general terms and conditions (“GTC”) Digital Charging Solutions GmbH, Brunnenstraße 19-21, 10119 Berlin, Germany (“DCS”) provides the customer with information services and access technology to charging infrastructure for Kia branded electric and plug-in hybrid vehicles under the designation "charging service". As a prerequisite for the use of the charging service it is necessary to have a free of charge Kia account. The use of the term “customer” in these GTC refers to persons of all genders.

1.2. The latest version of these GTC and the latest information on the available tariffs can be found at, downloaded and printed from the charging service website. Changes to these general terms and conditions of business or to any Charging Service contract concluded on that basis as well as any changes in the tariff agreed with the customer due to changes in the law, changes in case law or market conditions, will be notified to the customer in text form with explicit reference to the relevant changes, via the email address provided by the customer in accordance with section 2.2. These changes will become effective if the customer does not object to them within a period of one month after receiving notification. DCS will notify the customer of these legal consequences at the start of this period. The proceeding set out above also applies to changes of the tariff agreed on with the customer.

1.3. DCS works in cooperation with operators of charging stations (hereafter Charging Service Partner). The charging stations of the Charging Service Partners are displayed at the Charging Service Website, in the Charging App and through additional channels (hereinafter “Front Ends”) and are highlighted to differentiate them from other charging stations that are not part of the Charging Service network. In some cases, this information can only be accessed after login.

1.4. The charging services comprise

a) the displaying of charging stations of charging service partners (in the form of static information) and certain information concerning the use of these charging stations (such as availability and prices in the form of dynamic information) in the Front Ends. This information is subject to the limitations set out in section 5.4 below.

b) charging at the charging stations of the charging service partners following authentication (see section 6.1) together with monthly invoicing including a detailed overview of all charging processes.

1.5. Details of the charging service and information on the use of these services are set out at the charging service website.

1.6. Currently, Germany does not guarantee nationwide coverage with charging and billing solutions from charge point operators conforming to calibration law. In our service, we use data provided by the charge point operators. In some cases this may lead, inter alia, to discrepancies in charging and billing amounts. Please get in touch if you have any queries.

2. Contract conclusion and ordering

2.1. The customer can order the charging service at the charging website. The version of the GTC that the customer expressly accepts when ordering the charging service or at a later time shall apply. DCS may offer the customer additional services, for example special conditions for accessing charging stations or accessing charging stations from third party charge point operators (hereinafter referred to as “Packages”). The provisions of these GTC apply accordingly for such packages.

2.2. Customers having an “Kia” account can register for the charging service at the charging service website by submitting their address and payment details. This data can be corrected or updated at a later date in the customer account area or through customer service. Customers who have not yet registered for a free of charge “Kia” account must set-up such account before registering for the charging service.

2.3. All information submitted in the customer account area of the charging service, such as payment or credit card information, address details and email addresses, is automatically protected by means of modern encryption methods, e.g. the SSL protocol (Secure Sockets Layer).

2.4. Payment can be made by credit card or any other payment method which is selected by the customer during the registration process.

2.5. Subject to sufficient creditworthiness, business clients also have the option to pay for charging services by bank transfer based on invoices issued. To do so, the business client must apply for the payment by invoice and send a copy of a certificate of registration or similar official credentials to DCS. The request for the payment by invoice can be made during the registration process or by contacting customer services. Only business persons and other enterprises who are customers of the charging service are considered to be business clients.

2.6. Offer and conclusion of a charging service contract

a) DCS submits a binding offer for the provisions of the charging service. Once the customer who has an “Kia” account has registered in the charging service customer area and expressly accepted the GTC, the charging service can be ordered. The order process is also described on the charging service website.

b) The customer may correct any input errors by clicking “back” during the registration process and correcting the input. Before confirming his order, the customer is notably provided with information on the prices applicable to the charging services.

c) After completing the order process for the charging service, the customer receives an order confirmation by email together with information on the respective tariff, the GTC as accepted by the customer and information on his or her right of withdrawal (see section 2.7).

d) The charging contract is concluded upon completion of the order process.

e) The content of the charging contract is stored by DCS and can be retrieved or saved by the customer in the charging service customer area on the charging service website.

2.7. Offer and completion of charging events

f) DCS enables customers to charge electric vehicles at the charging station of the charging service partner. For charging the customer needs a charging service contract.

g) In order to charge at the charging station the customer must prove, using the charging app, charge card, or other means of authentication, that they are authorized to carry out charging.

h) The customer can decide the beginning and end of the charging event using the front end available at the charging service and charging station and chosen by them.

i) The price of the charging event depends on the available tariff or the tariff chosen by the customer. In some countries and for tariffs chosen by the customer, the usage-based fees to be paid for charging may vary depending on the respective charging station (cf. point 7.1) In this tariff system the customer is shown the applicable prices at the charging station in the charging app — after logging in with their access data. Notwithstanding point 5.4 DCS assumes liability for the accuracy of the prices shown. The customer with a corresponding tariff is obliged to find out about the current prices via the charging app, at the start of charging.

2.8. Languages

The charging contract is concluded in English. Translations of these GTC in other languages are for information purposes only and are not legally binding.

2.9. Right to withdraw from the contract

The customer has the right to withdraw from the contract within a period of fourteen days if he or she is a consumer.

The customer is hereby informed of his or her right of withdrawal as follows:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period shall expire 14 days after the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Digital Charging Solutions GmbH, Brunnenstraße 19-21, 10119 Berlin, Germany, Tel: +353 1230 80 90, Email: ie@kiacharge.com) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter, fax or email). You may use the attached model withdrawal form (Exhibit 1); but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services or the supply of electricity during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of information on the right of withdrawal

3. Charging Card: Activation and deactivation of the charging card

3.1. To use the charging service most of the charging stations require an activated charging card. If the customer already has a charging card, he can activate that card during the registration process. If not, DCS will send the customer a charging card for activation by post. Charging cards are activated in the customer account by entering the card number and confirming the details. The customer then receives a confirmation email. Activation of the charging card can take up to 24 hours.

3.2. At some charging stations authentication is only possible with the charging app, which is available from the Apple Inc. App Store or from the Google Play Store and contains a QR code reader. For the authentication you need to log in using the login data.

3.3. DCS remains the owner of the charging card. The customer must store his or her charging card and login details carefully. The customer must notify DCS immediately of any loss or theft of the charging card or the login details (see contact information under section 10). In addition, the customer may also contact Customer Services of the charging service to deactivate the charging card. The issuance of a replacement card results in additional costs to the customer (see applicable prices at the tariff page of the charging service website).

4. Contractual term and validity

4.1. The charging service contract has no fixed term and may be terminated by either party giving one month’s prior written notice at the end of any calendar month. Notice of termination may be given in the customer account area, by means of a written notification or by email; this does not affect the right to terminate the contract immediately for good reason.

4.2. Once the contract has been terminated the charging card is no longer valid and will be blocked by DCS.

4.3. Different terms and notice periods may apply for additional packages which have been booked by the customer.

5. Use and availability of the charging service

5.1. The customer can obtain more information on the charging service and technical details on use and availability at the website of the charging service. DCS provides the services in the customer’s country of residence and in additional countries in accordance with section 9 below.

5.2. In order to use the charging service in the best possible way, the availability of the charging app on a smartphone suitable for this purpose and a registration of the customer with his login data is required.

5.3. DCS is striving to expand access to and the use of public charging infrastructure through charging service and to widen the group of charging service partners. DCS does not, however, make any representation or warranty with respect to the availability of (proper functioning, supply of electricity or full charging) nor does the customer have any entitlement to demand access to particular charging stations and/or charging options. There is, in particular, no entitlement to retain the same charging service partners charging infrastructure.

5.4. DCS does not, subject to section 5.5, make any representation or warranty with respect to the up-to-date nature and/or accuracy of static and/or dynamic information displayed via the Front Ends (see section 1.4 a), including but not limited to, information on charging stations and/or their availability. The customer, in particular, acknowledges that such information is provided by third parties (e.g. charging service partners). This notwithstanding, DCS does verify the up-to-date nature and/or accuracy of the information on a sample basis to continuously improve its service. The transmission of this information is also reliant upon the reception from the mobile phone masts of the respective network operators and can be impaired by atmospheric conditions, topographical circumstances, vehicle position and obstacles in the vicinity (such as bridges and buildings etc.).

5.5. Depending on the selected tariff and the respective country, the usage based fees for a charging session may vary at the individual charging station. (see section 7.1) In such a tariff system, the currently valid prices for the respective charging station are displayed to the customer in the charging app, provided that the customer is logged in with his or her login data. As an exception to section 5.4, DCS warrants the accuracy of the prices displayed. Customers with such a tariff are obliged to inform themselves of the applicable prices prior to starting the charging process.

5.6. The charging service offered under these GTC may only be used for charging vehicles of the brand Kia.

5.7. Customers may allow family members or their employees to use the charging service (in particular by passing on the charging card) provided that the customer does not charge for such use and that the charging services are only used to charge the customer’s own vehicle. Prior to such use, the customer must inform the user of the proper procedure to be followed at the charging stations. Any other use by third parties of the charging services requires prior consent from DCS. The customer may not use the charging services for unlawful purposes or allow third parties to do so.

5.8. The customer shall strictly comply with the manuals for the vehicle to be charged and for any equipment or accessory used (e.g. charging cable), as well as with any instructions concerning the use of that charging stations and terms and conditions of charge point operators that are displayed at the charging stations. The use of charging cables or other equipment or accessories that (i) have not been certified in accordance with applicable laws and regulations (e.g. CE certification), ii) are not approved for the respective car or by the respective charging service partner according to the instructions displayed at the charging stations or (iii) are damaged is strictly prohibited. The customer shall ensure that every user of the charging service shall use reasonable skill and care when charging at a charging station.

5.9. Charging stations which display an alarm message or report a problem or which are obviously damaged must not be used. Instead, the customer is kindly asked to inform DCS (see contact information under section 10).

5.10. The customer shall be liable for any culpably caused damages arising from the misuse or improper use of any charging station, the charging card respectively the charging app as an authentication device or from the misuse or improper use of the charging process in accordance with applicable law.

5.11. In order for you to access your customer and contract data via an app provided by your car manufacturer or the respective head-unit in your vehicle and insofar as this is necessary for the fulfilment of this contract, DCS undertakes to provide the data required for this purpose for retrieval by the car manufacturer via an interface.

6. Charging process and authentication; maximum charging and idle time; disruptions

6.1. In general customers are authenticated at charging service partner charging stations by means of the charging card. At some charging stations, authentication is also possible through or may require the use of the charging app. This applies in particular to charging stations with an intercharge symbol. For each charging station, the available authentication methods are displayed in the charging app or at the charging service website.

6.2. The maximum period of continuous connection at a single charging station may not exceed 24 hours, or in the case of DC charging (direct current charging) 4 hours, (maximum charging and idle time). In addition, the customer must vacate the public parking space as soon as the charging process is complete or the maximum parking period has expired. Costs that DCS might incur due to maximum charging or idle time and/or parking periods being exceeded, as well as costs for fines or towing services due to illegal parking, will be invoiced to the customer.

6.3. DCS informs that disruptions to charging stations can arise due to force majeure, including strikes, lockouts and official directives as well as due to technical and other measures that need to be carried out on the equipment in order for it to function correctly or in order to improve the service (e.g. maintenance, repairs, software updates to systems). Disruptions can also result from short-term capacity shortages due to peak usage.

6.4. To the extent that disruptions and/or anomalies in the supply of electricity are the result of a disruption of grid operations (including the link to the grid), DCS shall be released from its respective obligations under the charging service. This shall not apply, however, where DCS interrupts the supply without justification. Upon request, DCS shall without undue delay provide the customer with information on this harmful event and on how it was caused, insofar as DCS has such information or such information can be made available with reasonable efforts.

7. Fee; Pricing

7.1. The fee for the charging service and the use of the services is determined by the respective agreed tariff and can generally be made up as follows:

j) a fixed monthly basic fee (dependent on the agreed tariff; in some tariffs, the monthly basic fee may already contain fees for usage (flat rate tariffs), and

k) any payments based on actual usage for individual charging processes at charging service partner charging stations (dependent on the agreed tariff), possible transaction fees and possible roaming fees for charging processes in roaming markets.

The current prices for the individual tariffs can be found in the price list on the website or on the app under the section "Legal" > "Price list". Please check the valid prices in the charging app before you start charging. The currently valid prices for a charging process for the respective charging station are displayed to the customer in the charging app, provided that the customer is logged in with his or her login data. For variable tariffs DCS is entitled to adjust the prices in line with the actual usage of a charging station to take effect in the future. Customers with such a tariff are obliged to inform themselves of the applicable prices prior to starting the charging process.

7.2. The monthly base fee will be charged only once the charging servcie contract is concluded or - in case of a change of tariff – once such a change of tariff has been activated by DCS and then on a pro-rata basis for the remainder of the first month.

7.3. Payments based on actual usage will be charged for each charging process from the start of the process (i.e. when the plug is put into the charging point) until its end (i.e. when the plug is pulled from the charging point) based on the currently valid prices in the respective country or at the respective charging station. More information on the prices for roaming can be found on the price list for the respective tariff or at the charging service website. Charging processes will be charged as stated in the price list for the applicable tariff.

7.4. All prices include VAT. The information on the prices applicable for the customer’s respective tariff upon conclusion of the contract is sent to the customer by email (see section 2.5c).

7.5. Where prices are displayed at any partner charging station, such prices may differ from the prices contractually agreed with the customer; only the prices agreed between the customer and DCS shall apply.

If a variable tariff system is applicable, DCS will charge the customer the prices (for the actual usage) as displayed for the respective charging station at the start of the charging process in the charging app.

7.6. Prices when charging abroad (roaming) may differ from those quoted at the time the contract is concluded. The customer is obliged to inform themselves of the applicable terms before commencing a charging event abroad. An obligation to provide information and notification in accordance with section 1.2 of these GTC and the legal consequences provided therein do not apply in these cases.

When charging abroad, a different currency than the currency of Great Britain may be owed to DCS (foreign currency). In order to make the billing of foreign currencies as easy as possible for the customer, DCS is entitled to convert receivables in foreign currency into the currency of Great Britain and to demand this converted amount from the customer instead of the foreign currency. The conversion for a charging process in foreign currency is based on the Euro reference exchange rate of the European Central Bank at the end of the previous banking day before the charging process, which the customer can take note of at:

https://www.ecb.europa.eu/stats/policy_and_exchange_rates/euro_reference_exchange_rates/html/index.en.html.

7.7. DCS reserves the right to lower prices for existing and/or new contracts in defined periods of time and for defined charging stations (see section 7.1b) (special offers).

7.8. A change of tariff requires a corresponding agreement between the parties; the customer can apply for a change of tariff online at the charging service website.

8. Invoicing and payment conditions

8.1. The customer can retrieve his or her monthly invoices via the customer area at the charging service website, which contains an itemised list of charging processes in the respective invoice period with information on the date, location and duration. The customer will be notified via email if a new invoice is available.

8.2. Costs incurred per calendar month are charged via the payment method chosen during the registration process in the customer account on the fourth working day of the calendar month that follows. Business clients paying on an invoice basis (see section 2.4) must transfer the amount within 14 days of receipt of the invoice to the account stated on the invoice. While DCS strives normally to invoice the charging services in the calendar month that follows, it cannot guarantee this (e.g. due to the late invoicing by charging service partners to DCS).

8.3. The customer may only offset DCS claims if the customer’s counterclaim is undisputed, based on a withdrawal from this contract or if there is a legally binding title. The customer may only withhold payments if this is based on claims arising under the charging service contract.

8.4. If the customer is in default with payments, DCS is entitled to block the customer's use of the charging service.

9. International Roaming

On the basis of the charging contract the customer may also use the charging card, respectively the charging app in countries other than the country of residence. The current list of countries can be found on the website of the charging service.

10. Contact

For general queries about the product, queries about invoices, customer contracts or charging cards as well as for technical problems, particularly during the charging process, the customer may call upon the options for contacting us as set out on the website of the charging service.

11. Warranty

11.1. Statutory warranty provisions apply.

12. Disclaimer

12.1. In the event of ordinary negligence, DCS is liable only if it has breached major contractual obligations (material contractual obligations) such as those which are deemed to be specifically imposed on DCS based on the content and purpose of the charging service contract or those the fulfilment of which permits the proper performance of the charging service contract and on compliance with which the customer may duly rely. Such liability is limited to the typical damage that may be envisaged at the time of concluding the charging service contract.

12.2. The personal liability of the legal representatives, agents and employees of DCS for any damage resulting from their ordinary negligence is also limited to the extent described in the previous paragraph.

12.3. This shall not affect the liability of DCS in the event of any malicious non-disclosure of a defect, or resulting from the assumption of a guarantee or under product liability laws. Liability restrictions do not apply in the event of fraudulent intent, gross negligence, death, bodily injury or damage to health.

12.4. DCS is not the operator of the charging stations and is not liable as an operator. The customer acknowledges that in case of the disruption of or anomalies in the supply of electricity resulting from a disruption of grid operations (including the link to the grid) there may be claims against the operator of the distribution network; DCS will upon request assign and transfer claims and rights against the operator of the distribution network relating to damage caused to the customer.

13. Information concerning data protection

13.1. DCS takes the protection of the personal data of service users seriously and respects the privacy of users when processing personal data.

13.2. Further information on data processing, data protection and data security can be found in the privacy policy.

14. Place of jurisdiction, mediation and applicable law

14.1. The charging service contract as well as any legal relationship based on these GTC are subject to the laws of Germany; the United Nations Convention on Contracts for the International Sale of Goods does not apply. If the customer is a consumer compulsory consumer protection regulations of the state in which the customer has his place of habitual residence prevail over German law if they are more favourable to the customer.

14.2. The exclusive place of jurisdiction for all claims resulting from relationships with business owners or corporations under public law is Munich, Germany. If the customer is a consumer and has his place of residence or habitual residence in the European Economic Area (EEA) or in Switzerland, he may also bring a claim in the country of residence. Claims from DCS against a consumer can only be brought in the country of residence of the consumer.

14.3. The European Commission provides an online dispute resolution platform which you can access here http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention please contact us.

14.4. DCS will not participate in dispute settlement proceedings before a consumer arbitration board, nor is it obliged to do so.

Last Revision: January 2022

Exhibit 1: Sample withdrawal form

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To:

Digital Charging Solutions GmbH

Mies-van-der-Rohe-Straße 6

80807 München, Germany

email: ie@kiacharge.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:


Contract Number of the charging service

Ordered on

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.