Version of 22 January 2021
1.1. This document is an agreement between In Balance grid, UAB, legal entity code 305306915, with the registered office at J.Jasinskio str. 16C, LT-03163 Vilnius, VAT number LT100013112115 (“In Balance”), and a user (the “User”), governing the procedure of User’s registration to the Mobile Application, the rules of use of the charging service for Electric Vehicles in the Charging Stations, liability, and the terms of payment. The agreement is binding on both the parties.
1.2. Before using the Mobile Application, the User by clicking the “Accept” button in the Mobile Application confirms that he/she is fully acquainted with these terms and conditions (the “Terms and Conditions”), that the Terms and Conditions are clear and understandable, that he/she agree with and commits to follow them.
1.3. The User confirms that the data provided by him/her to In Balance for the provision of the Services is true, accurate, correct, and complete. If the submitted data changes, the User undertakes to update the data without delay.
User means an In Balance customer who has accepted these Terms and Conditions and uses the Services under these Terms and Conditions.
Services means charging services for a technically sound Electric Vehicle, using charging equipment for the Electric Vehicles, as described on In Balance website at www.inbalance.lt.
Electric Vehicle means a motor vehicle equipped with an electric power train, which has at least one non-external electric energy converter with an electric rechargeable energy storage system that can be charged externally.
Mobile Application means the software for smart phones, tablets and other mobile devices which are used to charge an Electric Vehicle in the Charging Station and/or carry out other actions provided for in the software.
Charging Station means the installation with the help of which the User charges the Electric Vehicle according to the selected charging load.
Price List means the price of the charging service for the Electric Vehicles quoted in the Mobile Application per Charging Session.
Charging Session means continuous one-time charging of the Electric Vehicle in the Charging Station until the charging is stopped.
3.1. In order to use the Services, the User must perform a registration in the Mobile Application, thereby creating the User’s personal account.
3.2. For creating a personal account, the User must input his/her first name, surname, email address, telephone number, password into the Mobile Application, as well as payment card data and/or link his/her bank account with the customer profile in the Mobile Application.
3.3. If the User provides incorrect data required to create the registration in the Mobile Application, no registration is performed, while the performed registration would be cancelled immediately by decision of In Balance.
3.4. Provision of the Service to the User starts upon logging in to his/her personal account in the Mobile Application.
4.1. The User undertakes to use the Service and the Charging Station as a prudent and diligent person without prejudice to the requirements of the Terms and Conditions.
4.2. In order to use the Service, the User has the right to choose any operational Charging Station shown in the Mobile Application, not used by another user.
4.3. Each time before using the Charging Station, the User must ensure and make sure that the Electric Vehicle equipped with an electric rechargeable energy storage system is technically sound and that the Electric Vehicle can be connected to the Charging Station.
4.4. Once it is observed that the Electric Vehicle is not technically sound and this prevents from charging or causes adverse effects to the Electric Vehicle and/or the Charging Station and/or the Charging Station is not technically sound (obvious physical damage to the equipment is apparent, etc.), the use of the Charging Station is strictly prohibited.
4.5. After the Electric Vehicle is parked in the parking space of the Charging Station and the Electric Vehicle cable is safely placed in the charging plugs of the Charging Station and the Electric Vehicle, a combination of four digits shown on the Charging Station is to be inserted in the Mobile Application to link the Charging Station with the Mobile Application.
4.6. When information about the charging mode offered to the User appears in the Mobile Application, the User selects the charging mode. The maximum charging load means the maximum charging load permitted by the technical parameters of the Electric Vehicle, but not exceeding 22 Kw. The balanced charging load means a variable charging load that depends on the free electricity resource at the location of the Charging Station, but not exceeding 22 Kw.
4.7. Charging of the Electric Vehicle starts when you select one of the possible charging modes in the Mobile Application (maximum charging mode or balanced charging mode (Inbalance).
4.8. The User, wishing to stop charging the Electric Vehicle, must click the “Stop charging” button in the Mobile Application. By clicking the “Stop charging” button, the charging of the Electric Vehicle is stopped, and the Mobile Application shows energy consumption of the Charging Station and the price of the Service.
4.9. If the User wishes to charge the Electric Vehicle to the maximum, i.e. to fill the electric rechargeable energy storage system of the Electric Vehicle up to the maximum capacity permitted by the manufacturer, the charging will stop automatically.
4.10. When using the Service, the User must park the Electric Vehicle in such a way that it does not block the parking space of the Charging Station for other In Balance Users to use the Service at the same Charging Station.
4.11. After using the Service, the User must disconnect the Electric Vehicle cable from the Charging Station and move the Electric Vehicle from the Charging Station in such a way that the Electric Vehicle does not preclude other Electric Vehicles from using the Service at the same Charging Station.
4.12. In the event of any failure of the Charging Station and/or the Electric Vehicle that has occurred during the charging of the Electric Vehicle, the User must immediately stop charging the Electric Vehicle and inform In Balance by e-mail at [email protected].
4.13. It is prohibited to use the Services under the influence of alcohol, narcotic and/or psychotropic substances, or other psychoactive substances.
5.1. The Service price of the Charging Session consists of the product of the cost of the charging mode chosen by the User for charging the Electric Vehicle per kWh and the amount of the electricity consumed during the charging of the Electric Vehicle expressed in kWh.,
5.2. The User has the option to choose between two Electric Vehicle charging modes, i.e. 5.2.1. the maximum charging load, which allows charging the Electric Vehicle at the maximum charging load permitted by the technical parameters of the Electric Vehicle, but not exceeding 22 Kw, and 5.2.2. the balanced charging load (Inbalance), which allows charging the Electric Vehicle at a variable charging load that depends on the free electricity resource at the location of the Charging Station, but not exceeding 22 Kw.
5.3. The volume of charge of the Electric Vehicle in kWh (kilowatt hours) is determined according to the certified electricity metering device used by In Balance to provide the Service and the amount of electricity consumed for each charging session calculated using algorithms and other methods (sub-metering). By accepting the Terms and Conditions, the User agrees with this method of calculating the amount of electricity.
5.4. Before starting the Electric Vehicle charging procedure, the price per 1 (one) kWh of the Charging Session is displayed in the Mobile Application.
5.5. After completion of charging the Electric Vehicle, the Mobile Application provides the User with a report of the Service provided, which indicates the electricity consumed for charging the Electric Vehicle in kWh, charging price, place, and time, and the service price debited from the User’s bank card or bank account.
5.6. The User can pay for the services actually provided using electronic banking services and Visa/MasterCard payment cards. Settlement is possible in euro. Payments are processed via MakeCommerce.lt payment platform. The funds paid for the services actually provided are not refunded.
5.7. If after providing the Service it appears that there is no sufficient funds in the User’s bank card or account linked to the Mobile Application to pay for the services provided, the User undertakes to cover the existing indebtedness no later than within 5 (five) calendar days from the date of the e-mail with the invoice to the User for the Services provided. Until the User covers the debt, In Balance has the right to suspend further provision of services to the User.
5.8. If the User fails to cover the indebtedness within the time limit referred to in Clause 5.7 of the Terms and Conditions, In Balance has the right to demand from the User the payment of default interest in the amount of 0.05 percent for each day of late payment.
5.9. At the end of the calendar month, a report on the Services rendered during the current month is provided to the User in the Mobile Application.
5.10. An invoice for the Services provided during one month is issued to the User by e-mail no later than the 15th (fifteenth) day of the following month.
5.11. In the Mobile Application, the User can specify the details which he/she wishes to use for receiving a VAT invoice.
5.12. The User, having received a report on the Service provided, must verify within 2 (two) calendar days whether the data indicated in the report is correct and, in case of any discrepancies, inform In Balance by e-mail. If the User does not make any claims within the above-mentioned time limit, it is considered that the User agrees with the submitted report and this data will be included in the invoice of the current month.
6.1. In Balance must indemnify the User for direct losses incurred as a result of improper performance of its obligations specified in the Terms and Conditions. In Balance is not liable for any consequential damages.
6.2. In Balance is not responsible for failures of the Electric Vehicle or its parts that occurred before the use of the Service and/or due to improper use of the Service and/or due to factors unrelated to the provision of the Service.
6.3. In Balance is not liable for damage caused to the User by third parties due to illegal use by third parties of the Mobile Application login data and/or the User’s mobile device on which the Mobile Application is installed, if the User lost the data and/or the Mobile Application through no fault of In Balance.
6.4. The User is liable for damage caused by the User to the Charging Station in accordance with the procedure prescribed by the laws of the Republic of Lithuania.
7.1. Disruptions of provision of the Service at a particular Charging Station are usually shown on the map in the Mobile Application.
7.2. If the User is unable to use the Service at the Charging Station shown on the map in the Mobile Application as operating, it is considered that the provision of the Service at the respective Charging Station is disrupted, and its use is prohibited.
7.3. The Users can contact In Balance by e-mail at [email protected] regarding disruptions of provision of the Service, inability to use the Service or concerning other matters.
7.4. In Balance undertakes to provide the User with an answer to his/her inquiry and/or claim no later than within 5 (five) business days.
8.1. The User has the right to terminate the Services at any time by deleting the Mobile Application from his/her mobile device or informing In Balance by e-mail specified in the Terms and Conditions.
8.2. Upon deletion of the Mobile Application, the agreement between the User and In Balance is deemed to have been terminated from the moment of deletion of the Mobile Application, and upon notification by e-mail, 5 (five) days from the date of submission of the e-mail indicating the User’s name and request to terminate the agreement.
8.3. Termination of the agreement does not exclude the obligations of the parties arising under the agreement prior to the moment of its termination.
9.1.The Terms and Conditions are valid and enforceable with effect from the moment of registration to the Mobile Application, whereby the User confirms that he/she has read the Terms and Conditions.
9.2. In Balance is entitled to unilaterally change the Terms and Conditions, including, but not limited to, the Price List, informing the User in advance via the Mobile Application and e-mail provided by the User to In Balance upon registration to the Mobile Application. If the User continues to use the Services after the change of the Terms and Conditions, the User is considered to have consented to the changes to the Terms and Conditions.
9.3. The Terms and Conditions are governed by the law of the Republic of Lithuania.
9.4. All disagreements between In Balance and the User regarding the performance of the Terms and Conditions and/or provision of the Services are dealt with by negotiation. If the parties fail to resolve the dispute by negotiation, the dispute is finally settled in the courts of the Republic of Lithuania according to the place of the registered office of In Balance.