Article 1 – Applicability & Scope
1. These general terms and conditions apply to all quotations issued by Plugz, all offers made by Plugz, and all Agreements resulting therefrom relating to the Services.
2. In the event of a conflict between the Agreement and these General Terms and Conditions, the provisions of the Agreement shall prevail. By signing the quotation or agreement for the provision of the Services, the Client agrees to the applicability of these General Terms and Conditions, Plugz’s privacy policy and Plugz’s access conditions, and also declares to have taken note of their contents.
3. Deviations from and additions to the Agreement and/or these General Terms and Conditions shall apply only if agreed in writing between Plugz and the Client.
4. The applicability of any general terms and conditions used by the Client is hereby expressly rejected, including in the event of any prior reference to or declaration of applicability of the Client’s own terms and conditions.
5. If any provision of these General Terms and Conditions is void or annulled, the remaining provisions shall remain in full force and effect.
6. Insofar as the Services purchased by the Client make use of software, systems or services supplied by third parties, the license terms of the relevant third parties shall also apply to their use. The Client unconditionally accepts that these license terms apply directly between the Client and the relevant third party or parties. The Client may not derive from Plugz any rights beyond those arising from or connected with such third-party license terms. Where required, this clause shall also operate for the benefit of such third parties, who may at all times invoke it directly against the Client.
Article 2 – Access to and Use of the Plugz Software
1. Subject to the terms of the Agreement, Plugz grants the Client a non-exclusive and non-transferable right to use the Services.
2. Unless expressly agreed otherwise in writing, the Client may use the Services solely for its own business operations or for end customers that Plugz has approved in writing. The Client is not permitted to transfer or make available the Services, API keys, or access to Plugz environments to third parties, unless Plugz has given prior written consent.
3. Plugz is permitted to take technical measures to protect the Services or to enforce agreed limitations in the duration or scope of the Services. The Client is not permitted to remove or circumvent any technical measures implemented by Plugz in the Services.
4. Plugz has the right to modify the nature and scope of the Services, including by offering an amended or new version of the Plugz Software or by using an amended or alternative hosting environment. Plugz is entitled to maintain, modify, or add functionalities or features of the Services.
5. Plugz releases updates for the Plugz Software on a regular basis. Plugz has the right to temporarily suspend all or part of the Services for maintenance purposes (downtime), updates of the Plugz Software, force majeure, or for security reasons. Plugz will not keep the suspension in place longer than necessary, will (where possible) carry it out outside office hours (Netherlands time), and—where possible in light of the circumstances—will commence such suspension after having notified the Client at least 48 (forty-eight) hours in advance. Unforeseen (urgent) maintenance interruptions will be communicated as soon as possible after detection.
6. Any timeframes stated by Plugz for activation, onboarding, integration and/or availability of the Services (including if stated in quotations or schedules) are indicative only and do not constitute binding deadlines. Exceeding such timeframes does not entitle the Client to termination or damages, unless the parties have expressly agreed otherwise in writing.
7. In the event of an update of the Plugz Software, Plugz is entitled to maintain, modify, or add certain features or functionalities of the Plugz Software. Plugz is entitled to amend the Documentation as a result of an update. If an update, amendment or new version of the Plugz Software results in a significant change in functionality, Plugz will inform the Client as soon as possible.
8. Plugz is entitled to immediately terminate, temporarily or permanently, in whole or in part, the access to and use of the Services by Users if: (i) the Client is in arrears with payments to Plugz; (ii) the Client breaches any provision of the Agreement, these General Terms and Conditions, or the Access Conditions; (iii) Plugz is required to do so pursuant to applicable law or a court decision; and/or (iv) a third party acts in breach of these General Terms and Conditions or the Access Conditions via a User’s account.
9. In the event of a termination of access to and use of the Services as referred to in these General Terms and Conditions, Plugz shall not owe the Client any compensation.
10. Termination of access to and use of the Services as referred to in these General Terms and Conditions shall take place by sending an electronic notice to the Client stating that the access has been terminated, or by deactivating the Plugz Software, thereby making access to and use of the Services by Users impossible.
11. Plugz is entitled to remove, in whole or in part, any data placed or stored by Clients and/or Users within the Plugz Software and/or on the hosting environment where such data is: (i) in Plugz’s opinion inappropriate, insulting, offensive or abusive; (ii) based on falsehoods or unlawful; (iii) infringing the rights of third parties or Plugz, such as copyrights, trademark rights or other intellectual property rights; or (iv) infringing the privacy of third parties, such as publishing personal data or other data of other Users or third parties where this is not permitted.
12. If and insofar as the Client is entitled under the Agreement to grant the right of use to the Services as referred to in this Article to third parties, the Client remains fully responsible and liable towards Plugz for the use of the Services by such third parties, and the Client shall ensure that such third parties use the Services in accordance with these General Terms and Conditions and the Access Conditions. The Client indemnifies Plugz against any claims by third parties relating to their use of the Services. The indemnity also covers all damages and (legal) costs incurred or suffered by Plugz in connection with such a claim.
Article 3 – Support and Availability
1. During office hours (Netherlands time), Plugz maintains a helpdesk (service@plugz.dev) for providing, at the request of the Client and/or Users, information and advice regarding the use of the Services, as well as for providing support with use.
2. During office hours, Plugz will respond to a notification from the Client and/or Users as soon as reasonably possible and will commence resolving issues relating to the use of the Plugz Software.
3. The provisions in this Article, the Agreement and the Documentation regarding the service level of the Services do not affect the Client’s obligation to take and maintain appropriate measures itself to prevent and limit the consequences of problems with the Plugz Software and/or corruption or loss of data or other causes.
4. Plugz guarantees availability of the Services of 98.0% per calendar month for the services provided by Plugz, excluding planned maintenance windows and updates announced by Plugz. Reduced availability resulting from failures or delays at external parties, external systems or used (API) integrations outside Plugz’s sphere of influence shall not be included in the availability calculation. Availability is measured on the production environment and does not include downtime caused by factors outside Plugz’s reasonable control or force majeure situations as referred to in Article 10 of these General Terms and Conditions.
Article 4 – Commencement Date, Term and Termination
1. The Services are offered on a subscription basis or on a project basis. The Agreement is entered into for the term corresponding to the relevant Agreement.
2. Termination of projects. The Client is free to terminate the assignment, subject to the notice period agreed in the Agreement. If the Client withdraws the assignment, the Client is obliged to pay the fees due and the expenses incurred by the service provider.
3. Termination of subscriptions. The Agreement is automatically renewed each time for the duration of the subscription initially chosen by the Client, unless the Client has terminated the Agreement at the end of the then-current period by giving notice in accordance with Article 5.2 of these General Terms and Conditions. Interim termination is not possible.
4. In the event of termination of the Agreement, the parties will consult regarding the transfer of the Client’s data. If the Services have been terminated while the transfer of the Client’s data has not yet taken place, Plugz is entitled to charge the Client the reasonable costs for storing the Client’s data. At the Client’s request, Plugz will support the Client with the transfer of the Client’s data at Plugz’s customary rates. Plugz is not liable for damage resulting from such a transfer.
Article 5 – Client Obligations
1. Prior to concluding the Agreement, the Client must inform Plugz how many Usage Units will use the Services and the Plugz Software. If this changes later, this will affect the fees payable to Plugz.
2. The Client is responsible for establishing and maintaining a data communication connection to the internet or another network necessary to obtain access to the Plugz Software.
3. The Client shall take appropriate technical and organisational measures to secure its equipment, infrastructure and data communication connection against viruses, malware and similar threats, and to prevent unauthorised third parties from gaining access to the Services and/or the Plugz Software through the use of the Plugz Software.
4. The Client is responsible for the choice of subscription, for the use and application of the Services and/or the Plugz Software, for the data processed using the Services, and for decisions made on the basis thereof.
5. The Client shall ensure and warrants that Users comply with the terms applicable to the use of the Services by Users and will adhere to Plugz’s procedures and user instructions as provided. The Client indemnifies Plugz against third-party claims relating to the use of the Services by its Users, unless such claims result from intent or wilful recklessness on the part of Plugz. This indemnity also covers all damages and (legal) costs incurred or suffered by Plugz in connection with such a claim.
Article 6 – Fees and Payments
1. The fee for the Services is calculated on the basis of a fixed annual fee, increased with variable fees depending on the number of Usage Units.
2. All prices and amounts stated by Plugz are in euros and exclude VAT, unless expressly stated otherwise in writing. Payment by the Client must be made in euros and includes VAT.
3. The Client is not entitled to any full or partial suspension or set-off.
4. Prices may be indexed annually (for the first time 12 months after the start of the contract). Any indexation shall be limited to the CBS CPI index, series 2015 = 100, in accordance with the following calculation: (index figure (new quarter) – index figure (old quarter)) / index figure (old quarter) x 100%. The “new quarter” is the most recent quarter for which the definitive index figure is known, and the “old quarter” is the same quarter of the previous year.
5. Performance shall take place by mutual consultation and after written approval and payment of any agreed advance. It is the Client’s responsibility to ensure the service provider can start the assignment in time.
6. If, in Plugz’s opinion, a credit check shows that the Client has an increased risk profile, Plugz will inform the Client in writing and is entitled to require advance payment of the agreed fee or other security.
7. Invoices must be paid within 30 days after the invoice date, unless the parties have agreed otherwise in writing or a different payment term is stated on the invoice.
8. Plugz invoices electronically, meaning invoices are sent digitally to the Client. The Client processes and pays these invoices independently within the agreed payment term.
9. Plugz’s claims against the Client, on whatever grounds, shall in any event become immediately due and payable in full, without any notice of default or announcement, in the following cases:
– a payment term has been exceeded;
– if the Client fails to comply, or fails to comply in time, with any (other) obligation arising for it from any Agreement concluded with Plugz;
– if the Client has been declared bankrupt or an application for bankruptcy has been filed, if suspension of payments has been requested or if the Client is under suspension of payments;
– if the Client (if a natural person) applies for statutory debt restructuring, if such statutory debt restructuring is declared applicable, if the Client is placed under guardianship, or if the Client has died;
– if the Client (if a legal entity) is dissolved or liquidated, or indicates that it will cease or has ceased its business operations.
10. In the cases referred to in Article 6.9, the Client shall be in default by operation of law and Plugz is entitled, solely upon the occurrence of such circumstances and without any warning or notice of default or judicial intervention being required, to suspend the Services in full or to terminate the Agreement in whole or in part, without prejudice to Plugz’s right to claim damages.
11. In the event of delay in payment of a sum of money, the Client owes Plugz interest on that sum from the day following the agreed final payment date up to and including the day on which the Client has paid the sum. The interest equals the statutory (commercial) interest pursuant to Section 6:119a of the Dutch Civil Code. For the calculation of interest, part of a month counts as a full month.
12. All actual costs incurred as a result of extrajudicial collection of the claim shall be borne by the Client, with a minimum of 15% of the principal sum, with a minimum of €100 (one hundred euros). All actual judicial collection costs shall also be borne by the Client, even insofar as such costs exceed the court-awarded costs order.
13. All payments made by the Client shall first be applied to reduce the costs referred to in Article 6.12, then to reduce the overdue (commercial) interest referred to in Article 6.11, then to reduce the administrative costs referred to in Article 6.9, and finally to reduce the (longest) outstanding principal sums.
14. The Client must submit complaints or remarks about invoices in writing by email to finance@plugz.dev, no later than 21 (twenty-one) days after the invoice date. If complaints or remarks are not submitted in time, the Client is deemed to have irrevocably accepted the correctness of the invoice. Complaints or remarks do not suspend the payment obligation for the part of the invoice(s) not disputed.
Article 7 – Confidential Information
1. Plugz and the Client shall keep Confidential Information confidential, shall not share it with third parties, and shall use it solely for the performance of the Agreement and the Services.
2. This obligation does not apply:
– towards third parties specifically authorised by Plugz and the Client;
– towards third parties pursuant to a court decision and/or statutory regulation.
3. The Client shall impose the obligations in this Article on its personnel and third parties involved in the performance of the Agreement with Plugz.
Article 8 – Intellectual Property Rights
1. All intellectual property rights relating to the Services, including the Plugz Software, the Documentation, Plugz’s Confidential Information, software, analyses, designs, advice, reports, quotations and results of the Services, are vested exclusively in Plugz or its licensors and are not transferred to the Client. The Client acknowledges these rights and shall refrain from any (in)direct infringement thereof.
2. Under the Agreement, Plugz grants the Client a non-exclusive and non-transferable right to use the Plugz Software in accordance with these General Terms and Conditions. This right of use expressly does not include access to or use of the source code of the Plugz Software.
3. All intellectual property rights relating to the Data are vested in the Client or its licensors. The Client indemnifies Plugz if third parties hold Plugz liable on the basis of an (alleged) infringement of that third party’s intellectual property rights as a result of storing the Data on the hosting environment.
4. The Client is not permitted to remove any copyright notice, logo, figurative mark or any other reference to Plugz or its licensor(s) from the Documentation.
5. In case of breach of the provisions of this Article, the Client owes Plugz an immediately due penalty, without further notice of default, of €10,000 (ten thousand euros), without prejudice to Plugz’s right to claim damages. The penalty is increased by €500 (five hundred euros) for each day or part of a day the breach continues.
Article 9 – Personal Data
1. Insofar as Plugz processes personal data for the Client in the context of the Services, the Client determines the purposes and means of such processing and thus acts as controller, and Plugz acts as processor within the meaning of the **General Data Protection Regulation (GDPR)**.
2. Plugz’s **Data Processing Agreement** can be found here and forms an integral part of the Agreement.
3. Insofar as Plugz acts as processor, the following applies:
– Plugz shall process personal data solely on the basis of the Client’s written instructions and for the performance of the Services in accordance with the Agreement, unless Plugz is required by law to process personal data. In that case, Plugz shall inform the Client of such legal requirement prior to processing, unless the law prohibits such information;
– Plugz shall take appropriate technical and organisational measures to protect personal data against destruction, loss, alteration, unauthorised disclosure, or unauthorised access;
– Plugz undertakes to maintain confidentiality regarding personal data made available and/or accessible by or on behalf of the Client and shall ensure that persons authorised by Plugz to process the personal data are bound by the aforementioned confidentiality obligation;
– Plugz shall provide the Client with all reasonably expected assistance in fulfilling its obligations regarding (i) responding to data subject requests to exercise their rights and (ii) complying with Articles 32 through 36 GDPR. Costs incurred by Plugz in providing such assistance shall be borne by the Client;
– Plugz shall inform the Client without undue delay once Plugz becomes aware of a personal data breach within the meaning of the GDPR. The Client shall inform Plugz in writing, prior to using the Services, of an email address of the Client for providing such notifications;
– Plugz is permitted to engage third parties for (support in) the performance of the Services. Plugz shall ensure it enters into contractual arrangements with such third parties to ensure careful processing of personal data by such third parties in accordance with the safeguards required by the GDPR. Plugz shall inform the Client about the addition or replacement of engaged third parties. Upon request, Plugz shall inform the Client prior to the use of the Services about the engaged third parties;
– Plugz is permitted to have personal data processed outside the Netherlands if necessary for (supporting) the performance of the Services. If Plugz transfers personal data (for which the Client is the controller within the meaning of the GDPR) to a party located outside the European Economic Area (EEA) without an adequate level of protection, Plugz shall ensure compliance with the transfer safeguards required under Chapter V GDPR. Where necessary, the Client shall promptly provide all assistance to Plugz to ensure the transfer meets GDPR requirements;
– Upon termination of the Services, the Client must request Plugz within two weeks to return or delete the personal data. If no such request is made, Plugz is entitled to permanently delete the personal data, including any copies thereof;
– Plugz shall enable the Client, after prior consultation with Plugz, at reasonable intervals to verify compliance with the obligations described in these General Terms and Conditions by (i) making available—at Plugz’s discretion—necessary information and (ii) allowing audits by the Client or a jointly appointed third party. Plugz reserves the right to impose reasonable conditions on audits and to charge the Client for reasonable audit-related costs.
4. The Client warrants the lawfulness of providing the personal data to Plugz in the context of the Services and shall comply with all legal obligations applicable to the Client under applicable privacy laws.
Article 10 – Force Majeure
1. A failure to perform its obligations cannot be attributed to Plugz if such failure is the result of force majeure.
2. Force majeure on the part of Plugz includes in any event any circumstance beyond its control that permanently or temporarily prevents performance of obligations to which these General Terms and Conditions apply.
3. In addition to Article 10.2, force majeure also includes any circumstance that temporarily or permanently prevents access to the Services and/or the Plugz Software and that neither by law nor according to standards of reasonableness and fairness should be at Plugz’s risk, such as: malfunctions or outages of internet or telecommunications infrastructure, synflood, network attacks, DoS or DDoS attacks, power outages, civil unrest, mobilisation, war, transport blockages, strikes, lockouts, operational disruptions, supply stagnation, fire, flooding, import/export restrictions and force majeure of third parties engaged by Plugz to perform its obligations (including hosting of the Plugz Software).
4. Plugz is entitled to suspend performance of its obligations if force majeure temporarily prevents Plugz from performing its obligations towards the Client. The Client is not entitled to suspension.
5. If the force majeure situation lasts longer than 3 (three) months, Plugz and the Client are entitled to terminate the Agreement with immediate effect without observing notice periods.
6. If, upon the occurrence of force majeure, Plugz has already partially performed its obligations, or can only partially perform its obligations, Plugz is entitled to invoice such part separately and the Client is obliged to pay such invoice as if it were a separate transaction.
7. The parties are not entitled to compensation for any damage suffered or to be suffered as a result of force majeure, suspension or termination within the meaning of this Article.
Article 11 – Limitation of Liability
1. Except in cases of intent or wilful recklessness on its part, Plugz is not liable for any damage of any kind suffered by the Client, the Users, other auxiliaries, or any third party as a result of attributable failure(s) in the performance of the Agreement and/or the Services and/or damage resulting from the Services.
2. If it is legally established that Plugz is nevertheless liable for the damage referred to in Article 11.1, its liability shall in any case be limited to the amount actually paid out under its insurance, or—if no insurance coverage exists for any reason—to a maximum of 50% of the invoice value to which the liability relates. A series of related events shall be regarded as one event giving rise to damage.
3. Consequential or indirect damages are not eligible for compensation, including but not limited to: business loss, delay damages (other than statutory interest), depreciation, loss of enjoyment, loss of profit, losses suffered, data loss, fines, missed savings, reputational damage and third-party damage.
4. The Client indemnifies Plugz against all claims by third parties.
5. All liability of Plugz is excluded in the following cases:
– the Client has provided Plugz with incorrect or incomplete information on which Plugz has (also) based its performance;
– deactivation of the Plugz Software;
– the integration of the Plugz Software with third-party applications or integrations (APIs) no longer functions due to changes made by those third parties; or
– modifications made by third parties other than on Plugz’s instruction to the Plugz Software.
Article 12 – Non-Hiring / Non-Solicitation
1. The Client shall not employ employees of the service provider (or of companies on which the service provider relied in the performance of this agreement and who are or have been involved in the performance of the agreement), nor otherwise have them work for it directly or indirectly. This prohibition applies during the term of the agreement and for one year after its termination. One exception applies: the parties may, in good faith and in a businesslike manner, agree otherwise, provided such arrangements are recorded in writing.
Article 13 – Miscellaneous
1. Plugz is entitled to amend these General Terms and Conditions at any time. Such amendments shall apply 30 (thirty) days after the date Plugz has notified the Client.
2. If the Client does not wish to accept the amended General Terms and Conditions, it is entitled to terminate the Agreement up to the date on which the amended General Terms and Conditions take effect, in the manner set out in these General Terms and Conditions.
3. Plugz is entitled to engage third parties in the performance of the Services and in making the Plugz Software available.
4. Any agreed deadlines shall never be regarded as strict (“fatal”) deadlines for Plugz, unless expressly agreed otherwise in writing.
5. All agreements between the parties are governed exclusively by Dutch law.
6. The Dutch court in the judicial district where Plugz B.V. is established / has its practice / maintains its office has exclusive jurisdiction to hear any disputes between the parties, unless mandatory law provides otherwise.
Definitions
General Terms and Conditions: These general terms and conditions of Plugz B.V., including the privacy policy;
Services: Making the Plugz Software and the Client’s data available and keeping them available to the Client and users via the internet or another network;
Documentation: The description of the functionality and usage possibilities of the Plugz Software made available online by Plugz, which can be found, among other places, on the following website: https://www.plugz.dev/;
User: An employee or customer of the Client or a person engaged by the Client who uses the Services;
Usage Unit: The unit on which the fee for the Services is based, depending on the nature of the Services purchased. This may include, among other things, the number of charging points, active users, charging sessions, support tickets, API calls, minutes of call traffic or other measurable usage indicators determined by Plugz in the Agreement or quotation.
Data: All information or data entered, stored, processed or generated by the Client in the Services, as well as all files, documents, settings and metadata uploaded or exchanged by or on behalf of the Client, regardless of form or file format;
Client: The party purchasing the Services from Plugz;
Agreement: Any arrangement between Plugz and the Client regarding the Services and/or the use of the Plugz Software;
Personal Data: Any information relating to an identified or identifiable natural person, including a name, identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Plugz: The private limited liability company Plugz B.V., with offices at (6511 RZ) Nijmegen, Hertogstraat 131, registered with the Dutch Chamber of Commerce under number 85674966 Nijmegen, the Netherlands;
Plugz Software: Plugz’s software, which provides solutions for parties in electric mobility by offering software products;
Confidential Information: All information made available or to be made available by one party to the other party for the performance of the Services, of whatever nature, in written, oral or other form. Confidential information includes, in any event, financial, commercial and technical information, financial results, analyses and projections, customer and prospect lists, trade secrets and other non-public business information.
General Terms and Conditions version 20 November 2025
Access Conditions
These Access Conditions form an integral part of the Plugz General Terms and Conditions.
To use the Plugz Software, you must create an account on our platform.
After a digital account has been created for you, you will receive a username and password with which you can access the Plugz Software.
You may not make your username and password available to third parties, unless we have given prior written and explicit consent.
You are responsible for all activities that take place under your (user) account and you must comply with applicable laws and regulations and our General Terms and Conditions.
You must immediately inform us in writing if there is unauthorised use of a password or account, or if you suspect that the security of the Plugz Software has been compromised.
You may not impersonate another user of the Plugz Software or provide incorrect identity details to us.
It is not permitted to modify, alter, redirect, or otherwise interfere with access to or use of the Plugz Software in an inappropriate, incorrect or unauthorised manner, or to cause damage, disruption or impairment of the Plugz Software (or the connected network) in any way.
You may not send Data via the Plugz Software or use the Plugz Software:
– to infringe the legal rights of others or encourage others to do so (for example, encouraging Users to infringe or misuse the intellectual property rights of others);
– to carry out, promote or encourage illegal activities;
– that is erotic, pornographic and/or offensive;
– for any unlawful, infringing, defamatory or fraudulent purpose (for example phishing, creating a pyramid scheme, or mirroring a website);
– to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, spyware or other items of a destructive or deceptive nature;
– to disable, disrupt or circumvent any aspect of the Plugz Software;
– to generate, distribute, publish or facilitate unsolicited bulk email, promotions, advertisements or other solicitations (“spam”), including via a (deep) link or comparable technique to the Plugz Software.
If, in our opinion, a risk arises for the functioning of the Plugz Software, the network of [***] or third parties—particularly due to excessive sending of data, use of poorly secured systems, or activities involving viruses, trojans or similar software—we have the right to take all measures we reasonably deem necessary to avert or prevent this risk. This includes the right to delete your account and Data without any obligation to refund or compensate you. Plugz is not liable for any damage that may arise as a result of deleting your account and data in such a situation.
