Authorization and terms
This English version is a translation for comprehension; the Dutch version is legally binding.
Authorization
General
By this form you grant authorization to Stekker.app B.V., trading under the name Stekker (hereinafter: Stekker), to register the electricity consumption of your charging point(s) on your behalf in the Energy for Transport Register of the Dutch Emissions Authority (NEa). This registration enables the charging consumption to be processed administratively within the official system, and entitles you to a payout for the electricity you have charged. The authorization is granted for at least one full calendar year and applies exclusively to electricity charged in that calendar year.
How does this work in practice?
To register electricity, data is needed about your connection, your charging point and the charged consumption. You provide this data via your Stekker account. Stekker checks whether everything meets the statutory requirements and then registers your charged kilowatt-hours with the NEa.
It is also important to Stekker to register as much charging consumption as possible. Stekker therefore makes every effort to ensure that the data and supporting documents you provide are suitable for registration.
Declarations and authorizations
The undersigned hereby declares and authorizes:
1. Electricity registration: Stekker to register electricity in the Energy for Transport Register on behalf of the undersigned for the calendar year stated below.
2. NEa authorization: The Dutch Emissions Authority (NEa) to, if necessary, request data about the stated connection from the relevant grid operator for the purpose of registration by Stekker.
3. Charging point verification: The registration verifier of Stekker to check whether the charging point and the charging location meet the statutory requirements to register electricity. This check may, if necessary, take place remotely or on site (as referred to in article 10, paragraph 1, of the Energy for Transport Decree).
4. Exclusivity and prevention of double registration: The undersigned declares that during the validity of this authorization he/she will not authorize any other registration service provider for the same connection and will not provide consumption data to any other party for the purpose of having the same electricity consumption registered elsewhere in the Energy for Transport Register.
5. Provision of data and assessment: The undersigned understands that registration of electricity can take place after the data and supporting documents requested by Stekker have been provided correctly and completely and have been assessed and approved by Stekker. Until this assessment is completed, registration and any payout cannot yet take place.
6. Validity of the authorization: The authorization is valid for one full calendar year and is subsequently tacitly renewed, under the terms described in the general terms and conditions.
General Terms and Conditions
1. Definitions
In these General Terms and Conditions, the following terms mean:
Stekker: The trade name of Stekker.app B.V., located at Herengracht 208, 1016 BS Amsterdam, registered with the Dutch Chamber of Commerce under number 76476758.
Customer: The natural person or legal entity that signs up with Stekker and authorizes Stekker to register charging consumption on his or her behalf.
Consumer: The natural person who does not act in the exercise of a profession or business and uses Stekker's services.
Business customer: The natural person who acts in the exercise of a profession or business, or the legal entity that uses Stekker's services.
ERE (Emission Reduction Unit): An Emission Reduction Unit as defined within the system of the Dutch Emissions Authority (NEa), where one (1) ERE corresponds to one (1) kilogram of demonstrably saved CO2 emissions.
NEa: The Dutch Emissions Authority, the government body that supervises the Emission Reduction Unit system.
Certification body: The independent body that certifies and audits Stekker in accordance with applicable laws and regulations.
Customer portal: The environment on stekker.com and/or the Stekker app where the customer can view their data, payouts and disbursements.
Commission: The percentage of the gross proceeds of ERE's that Stekker withholds as compensation for its services. Standard 15%; when simultaneously using Stekker's active smart-charging service, 25%.
Payout: The net amount paid out to the customer: the gross proceeds of the registered ERE's, minus the Stekker commission.
Service: The service consisting of registering charging consumption on behalf of the customer and paying out the corresponding payout.
2. Applicability
2.1 These General Terms and Conditions apply to all agreements and legal relationships between Stekker and the customer. To the extent that the customer is a consumer, the provisions of mandatory consumer law apply at all times, even if they deviate from or conflict with these General Terms and Conditions.
2.2 Deviations from these terms are only valid if agreed in writing.
3. Services
3.1 Stekker endeavors to register the charging consumption provided by the customer on behalf of the customer as Emission Reduction Units (ERE's).
3.2 Stekker provides a best-efforts obligation and not a result obligation.
3.3 Registration of charging consumption takes place on the basis of data provided by the customer and exclusively subject to acceptance by competent authorities. Stekker provides no guarantee that the charging consumption provided will actually lead to the allocation of ERE's.
3.4 Stekker makes the full registration process transparent to the customer via the customer portal: which kilowatt-hours have been submitted, which have been registered, which commission applies, and when payout will take place.
4. Authorization and exclusivity
4.1 The customer grants Stekker an exclusive authorization to register the relevant charging consumption on his or her behalf with the NEa.
4.2 For consumers: The authorization is entered into for a minimum term of one (1) year and is subsequently tacitly renewed for one (1) year each time. After the first tacit renewal, the consumer has the right under the Van Dam Act (Wet Van Dam) to terminate at any desired time with a notice period of one (1) month. Any amounts already paid in advance will be refunded pro rata.
For business customers: The authorization is entered into for a minimum term of one (1) year and is subsequently tacitly renewed for one (1) year each time. Termination can take place with a notice period of one (1) month before the end of the current contract period.
4.3 The customer may not have the same charging consumption registered or claimed simultaneously via another party.
4.4 The customer indemnifies Stekker against all damages, costs and claims of third parties arising from acting in violation of paragraph 4.3.
5. Payout and commission
5.1 The customer receives a payout for each kilowatt-hour registered by Stekker on behalf of the customer, based on the gross proceeds that Stekker realizes on the market for ERE's.
5.2 Stekker charges a commission of fifteen percent (15%) on the gross proceeds of the ERE payout. This commission covers, among other things, registration with the NEa, trading on the market, administration, verification, certification and payout. The commission is exclusive of VAT, to the extent that VAT applies.
5.3 If the customer simultaneously uses Stekker's active smart-charging service, the commission on the ERE payout is twenty-five percent (25%). The extra ten percentage points cover the operational costs of smart charging (algorithms, server costs, development and real-time control of the charging point). Stekker does not charge any commission on the savings on the energy bill that arise from smart charging; those savings accrue entirely to the customer.
5.4 The net payout disbursed to the customer is the gross proceeds minus the commission referred to in article 5.2 or 5.3.
5.5 Payout to the customer takes place after the buyer of the ERE's has paid the relevant proceeds to Stekker.
5.6 Payout generally takes place in the first quarter (Q1) following the year in which the charging consumption took place.
5.7 If, when providing the charging consumption, the customer indicates that earlier payout is desired, and if sufficient volume is available to conclude short-term contracts with buyers of ERE's, payout may take place earlier. An earlier payout is not an obligation but a best-efforts obligation of Stekker.
5.8 The amount of the payout depends on market prices, acceptance by competent authorities and applicable laws and regulations, and may therefore vary. Stekker offers no fixed rate per kWh; the ultimate payout is determined by the current market value of the traded ERE's.
5.9 Stekker reserves the right to adjust commission percentages, calculation methodology and payout moments if market conditions, regulations or the NEa give cause to do so.
For consumers: Changes will be communicated at least two (2) months in advance via the customer portal and by email. Changes that are disadvantageous to the consumer give the consumer the right to terminate free of charge within one (1) month of notification, regardless of the contract duration, with immediate effect or as of the effective date of the change. Charging consumption already registered will be settled at the commission percentage in force at that time.
For business customers: Changes will be communicated in a timely manner via the customer portal and/or by email. If the customer does not agree with a change, he or she may terminate the agreement subject to the applicable notice period.
6. Customer obligations
6.1 The customer provides correct, complete and verifiable data in a timely manner, including meter readings, energy contract, EAN code, IBAN and other relevant supporting documents.
6.2 The customer warrants the accuracy of the information provided. Inaccuracies or fraud may lead to termination of the agreement and possible recovery of amounts paid out.
6.3 The customer cooperates with checks or verifications by Stekker, the NEa and/or a certification body. These checks may take place both digitally and on site.
7. Liability
7.1 Stekker is not liable for lost income as a result of price fluctuations on the ERE market, changes to the Energy for Transport Act or decisions of government authorities.
7.2 Any liability of Stekker is limited to the maximum amount actually paid out to the customer in the last contract year.
8. Privacy
8.1 Stekker processes personal data and consumption data in accordance with the General Data Protection Regulation (GDPR).
8.2 Data is used exclusively for the performance of the services, payout and compliance with statutory obligations toward the NEa and grid operators.
8.3 Further information is included in Stekker's Privacy Statement at https://stekker.com/nl/privacy/.
9. Termination
9.1 For consumers: After an initial contract period of one (1) year, the consumer may terminate the agreement subject to a notice period of one (1) month. After the first tacit renewal, the consumer may terminate at any desired time under the Van Dam Act (Wet Van Dam) with a notice period of one (1) month.
For business customers: The customer may terminate the agreement annually subject to a notice period of one (1) month before the end of the current contract period.
9.2 Stekker may terminate the agreement with immediate effect in the event of fraud, non-payment, repeatedly incorrect data provision, or if continuation of the service is reasonably no longer possible.
9.3 Upon termination of the agreement, the customer remains entitled to payout for charging consumption already registered, in accordance with the terms in force at that time, unless paragraph 9.2 applies. Charging consumption submitted before the termination date but not yet registered will be registered by Stekker, unless the customer explicitly indicates not wishing to make use of this.
10. Applicable law and disputes
10.1 Dutch law applies to this agreement.
10.2 Disputes will be submitted to the competent court in Amsterdam.
10.3 If the customer is a consumer, he or she has the right, within one month after Stekker.app B.V. has invoked this clause, to choose the court designated as competent by law.
10.4 The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/odr.
11. Applicable laws and regulations
11.1 Stekker's services are provided within the framework of the Energy for Transport Act and the Energy for Transport Regulation based on it, as well as related laws and regulations and policy rules.
11.2 Stekker carries out its services in accordance with the applicable implementation practice, interpretations and instructions of competent authorities, including the NEa.
11.3 Changes to laws and regulations, policy rules or interpretations may have consequences for the possibility of registration, the volume of ERE's and/or the amount and timing of payout.
11.4 Stekker is not liable for the consequences of such changes to the extent that they are outside its sphere of influence.
11.5 If performance of the services is reasonably no longer possible as a result of changes to laws and regulations, policy rules or interpretations, Stekker is entitled to adjust the services or terminate the agreement.
12. Force majeure
12.1 Stekker is not bound to perform any obligation if it is prevented from doing so as a result of force majeure.
12.2 Force majeure also includes disruptions to systems or registers of third parties (including the NEa, grid operators and CPOs), IT system failures, delays at certification bodies, government measures or other circumstances outside Stekker's sphere of influence.
12.3 If the force majeure situation continues for more than three (3) months, both parties are entitled to terminate the agreement without any obligation to pay damages.
13. Partners and third parties
13.1 In performing its services, Stekker may cooperate with partners or third parties, including Charge Point Operators (CPOs), energy suppliers, platforms, intermediaries or technical service providers.
13.2 Unless expressly agreed in writing otherwise, partners or third parties do not act as representatives of Stekker and are not authorized to make commitments or enter into obligations on behalf of Stekker.
13.3 Stekker is not bound by communications, commitments or guarantees made to the customer by partners or third parties, unless these have been expressly and in writing confirmed by Stekker.
13.4 The agreement with the customer is exclusively between the customer and Stekker.app B.V.
14. Severability clause
14.1 If any provision of these General Terms and Conditions proves to be or becomes wholly or partially null, invalid or unenforceable, this does not affect the validity and enforceability of the remaining provisions.
14.2 In the event of nullity, invalidity or unenforceability of a provision, Stekker and the customer will consult to agree on a replacement provision that aligns as closely as possible with the purpose and intent of the original provision, within the limits of what is legally permitted.
14.3 If a provision is null or voidable against consumers under mandatory consumer law, but would be valid against business customers, the provision remains applicable to business customers.
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