Maxem Energy Solutions B.V.

Terms and conditions

Maxem Energy Solutions B.V.

Terms and conditions

Article 1 – General
Article 2 – Formation of Agreements, Communication and Administration
Article 3 – Subscription
Article 4 – Installation
Article 5 – Maxem's Responsibilities
Article 6 – Additional Services
Article 7 – Fees
Article 8 – Payment, Late Payment and Security
Article 9 – Reimbursement of Energy Costs
Article 10 – Maxem's Right of Suspension and Contingency
Article 11 – Privacy Statement
Article 12 – Other Obligations
Article 13 – Liability
Article 14 – Distance Contracts (Consumers)
Article 15 – Complaints

Article 1 – General

1. These Terms and Conditions apply to any agreement you enter into with Maxem, whether as a consumer or as a business customer. For the purposes of these Terms and Conditions, an "Agreement" means your Smart Charging Agreement, your Maxem Energy Cloud subscription, or your purchase from Maxem. Certain provisions of these Terms and Conditions apply exclusively to the Smart Charging Agreement, while others apply only to subscriptions or purchases. Additional or separate terms may also apply (for example, to the Maxem Energy Controller, kWh meters, measurement packages, 4G routers, other accessories, or specific services). Throughout these Terms and Conditions, the term "Subscription" refers to the subscription required to access and use our Services. All applicable Maxem terms and conditions are available at maxem.energy/downloads.

2. All offers made by Maxem are non-binding. Maxem therefore reserves the right to withdraw or amend an offer until it has been accepted by you, and even immediately after acceptance.

3. Maxem may amend the Agreement and these General Terms and Conditions unilaterally. You will be notified in advance of any such amendment. Where you are entitled to terminate the Agreement as a result of the amendment, Maxem will inform you accordingly, and you may terminate the Agreement free of charge before the amendment takes effect.

4. The applicability of any general terms and conditions used by you or your company is expressly rejected.

5. These Terms and Conditions apply to all legal relationships (including offers and agreements) under which Maxem supplies products, Services and/or Subscriptions to you.

6. These Terms and Conditions form an integral part of the Agreement. In the event of any conflict between a provision of the Agreement and a provision of these Terms and Conditions, the provisions of the Agreement shall prevail.

Article 2 – Formation of Agreements, Communication and Administration

1. An Agreement is concluded when:
a. you submit an application and Maxem confirms the application in writing or electronically; or
b. performance of the Agreement has commenced.

2. Maxem may reject an application for an Agreement, for example where a credit assessment or risk assessment provides sufficient grounds for doing so. Maxem is not required to disclose the specific reason for such rejection.

3. You can contact Maxem Customer Support:

by telephone at +31 (0)20 7708 713;
via maxem.energy/support; or
by email at support@maxem.energy.

4. You are responsible for storing and printing your own copy of the Agreement. If you no longer have a copy available, Maxem may provide one, provided it is still available. Maxem may charge a reasonable fee for providing such a copy.

5. You warrant that all information you provide to Maxem for the purpose of entering into or performing the Agreement is complete and accurate. Maxem is under no obligation to investigate your intended use of the products and/or Services or the circumstances under which they will be used.

6. Maxem may discontinue negotiations with you at any time without providing reasons, without being liable for any damages, and without any obligation to continue such negotiations.

7. If you and Maxem communicate electronically (for example via the website, email, or chat), Maxem shall not be liable for any interruptions or delays affecting such communications.

8. Unless otherwise agreed in the Agreement, all communications relating to the Services, hardware and/or Subscriptions supplied by Maxem may be made electronically. Electronic records maintained by Maxem, including electronic communications and electronic copies of written agreements, shall constitute evidence of their contents unless proven otherwise by you.

Electronic communications shall be deemed to have been received at the time of transmission unless either party proves otherwise. If communications cannot be delivered due to delivery or accessibility issues relating to your electronic mailbox, this shall be at your own risk, including where your mailbox is managed by a third party. Maxem is not required to acknowledge receipt of communications sent by you. Failure by Maxem to promptly confirm an offer submitted by you shall not constitute a rejection of that offer.

Article 3 – Subscription

1. A Maxem Subscription provides access to our Services.

2. A Subscription is entered into for a minimum term, for example twelve (12) or twenty-four (24) months. Upon expiry of the minimum term, the Subscription will automatically continue for an indefinite period.

During the minimum term, you may terminate the Subscription effective at the end of the minimum term by giving one (1) month's notice. From one (1) month before the expiry of the minimum term onwards, you may terminate the Subscription at any time by giving one (1) month's notice.

Termination may be submitted by email to finance@maxem.energy. You may always terminate the Agreement using the same method by which it was concluded. Accordingly, if the Agreement was entered into online, you may also terminate it online.

Maxem may terminate a Subscription under the same conditions and in the same manner as you.

3. Upon termination of a Subscription, all outstanding claims of Maxem against you (including any unpaid invoices) shall become immediately due and payable. If Maxem terminates a Subscription, for example because you have failed to pay your invoices on time, Maxem shall be entitled to charge compensation based on the remaining subscription term.

4. Maxem may terminate the Subscription with immediate effect if you apply for or are granted debt restructuring or a suspension of payments, if you or your company file for bankruptcy or are declared bankrupt, if you or your company fail to fulfil your obligations under the Agreement, or if you use the Agreement for purposes other than those for which it was intended.

5. Maxem may assign its rights and obligations under the Subscription to a third party. Except in the event of a transfer of all or part of Maxem's business, you shall have the right to terminate your Subscription if such assignment takes place.

Article 1 – General
Article 2 – Formation of Agreements, Communication and Administration
Article 3 – Subscription
Article 4 – Installation
Article 5 – Maxem's Responsibilities
Article 6 – Additional Services
Article 7 – Fees
Article 8 – Payment, Late Payment and Security
Article 9 – Reimbursement of Energy Costs
Article 10 – Maxem's Right of Suspension and Contingency
Article 11 – Privacy Statement
Article 12 – Other Obligations
Article 13 – Liability
Article 14 – Distance Contracts (Consumers)
Article 15 – Complaints

Article 1 – General

2. All offers made by Maxem are non-binding. Maxem therefore reserves the right to withdraw or amend an offer until it has been accepted by you, and even immediately after acceptance.

4. The applicability of any general terms and conditions used by you or your company is expressly rejected.

5. These Terms and Conditions apply to all legal relationships (including offers and agreements) under which Maxem supplies products, Services and/or Subscriptions to you.

Article 2 – Formation of Agreements, Communication and Administration

1. An Agreement is concluded when:
a. you submit an application and Maxem confirms the application in writing or electronically; or
b. performance of the Agreement has commenced.

3. You can contact Maxem Customer Support:

by telephone at +31 (0)20 7708 713;
via maxem.energy/support; or
by email at support@maxem.energy.

6. Maxem may discontinue negotiations with you at any time without providing reasons, without being liable for any damages, and without any obligation to continue such negotiations.

7. If you and Maxem communicate electronically (for example via the website, email, or chat), Maxem shall not be liable for any interruptions or delays affecting such communications.

Article 3 – Subscription

1. A Maxem Subscription provides access to our Services.

Maxem may terminate a Subscription under the same conditions and in the same manner as you.

Article 4 – Installation

1. Maxem strongly recommends that the installation of our products, as well as products supplied by third parties, be carried out by a certified electrical installer. Maxem is not responsible for the installation of such products or for any costs associated with their installation.

2. The product shall be configured by, or under the direction of, an installer who is expected to have a complete understanding of the electrical installation, including its safety risks and physical limitations.

Article 5 – Maxem's Responsibilities

1. Following the conclusion of the Agreement, Maxem shall deliver the agreed products and/or Services as soon as reasonably possible. Maxem aims to do so within five (5) business days, unless otherwise communicated in advance.

2. Maxem aims to ensure that you can make uninterrupted use of its Services. However, Maxem cannot guarantee that the quality and availability of the Services will always be the same or available at all times and in all locations. Availability depends on a variety of factors. For example, internet outages or Distributed Denial of Service (DDoS) attacks may limit the availability of our servers. Service disruptions may also occur. Although Maxem takes reasonable measures to prevent such disruptions, it cannot guarantee that they will never occur. Maxem shall not be liable for any compensation arising from interruptions to the Services.

3. If a disruption to Maxem's Services continues for more than forty-eight (48) hours, affects one or more of your locations known to Maxem, and is not caused by flooding, a terrorist attack, or war, you may be entitled to compensation.

If you have a Subscription, the compensation will equal one-thirtieth (1/30) of your monthly subscription fee for each day the disruption continues, subject to a minimum amount of €0.50. Maxem may, at its sole discretion, provide compensation in another form.

To claim compensation, you must submit your request by email to support@maxem.energy within six (6) months after the disruption first occurred.

4. To ensure the proper operation of its Services, Maxem applies network management techniques, including monitoring for suspicious login attempts, repeated requests for non-existent URLs, unusual measurement values, malware, and phishing activities.

5. Maxem is not responsible for products or services supplied by third parties that are used in conjunction with our Services, including, but not limited to, charging stations, solar panels, stationary battery systems, or additional hardware. Certain Services may not function correctly or may be unavailable when used with unsupported charging stations, stationary batteries, or other hardware. In such cases, Maxem shall not be deemed to be in breach of the Agreement, and you shall not be entitled to any compensation.

6. Maxem is not responsible for the operation or availability of the internet, 4G, or LTE connection required to connect our products, or those of third parties, to our back-office systems.

Article 6 – Additional Services

1. Before making use of an Additional Service, you are responsible for determining whether your hardware and/or your Agreement is compatible with that service. Maxem will, of course, be happy to advise you. If your Agreement is terminated, all Additional Services will automatically terminate on the same date.

2. Additional Services are provided for the duration of your Subscription. For example, if you have a twelve (12)-month Subscription and add an Additional Service after seven (7) months, you will be required to continue using that Additional Service for the remaining five (5) months of your Subscription.

3. Certain Additional Services may have a shorter duration than your Agreement or Subscription and may be terminated before the end of your Subscription. Where this is the case, this will be stated on maxem.energy or set out in the applicable Additional Service Terms and Conditions.

Article 11 – Privacy Statement

1. Information about how Maxem processes personal data can be found in our Privacy Statement, available at maxem.energy/privacy-verklaring.

Article 12 – Other Obligations

1. You may use our products and Services solely for the purposes for which they have been provided. If specific rules, service conditions, or, for example, a Fair Use Policy apply to the Services, you must comply with those as well. In the event of misuse, Maxem may suspend or terminate the Agreement with immediate effect. Maxem may also charge you any additional costs incurred as a result of such misuse.

2. You are responsible for ensuring that no unauthorised person gains access to or uses your equipment.

3. You may not use the Services, including any associated pricing plans, for commercial purposes other than the ordinary course of business where you are acting as a Maxem reseller or partner. In particular, you may not make your MyMaxemor Maxem Energy Cloud login credentials available to any third party.

4. Certain Services may be offered on an unlimited basis. Where this is the case, a Fair Use Policy applies. Unlimited use must remain reasonable, and misuse is not permitted.

5. If you receive a warning regarding nuisance or misuse caused by you or your company, you must comply with any instructions provided by Maxem.

6. If any of your details change (for example, your bank account number), you must notify Maxem within fourteen (14) days. If you are moving to a new address, you must notify Maxem at least fourteen (14) days before your move. Changes can be reported by email to support@maxem.energy. If you fail to notify Maxem within fourteen (14) days, any consequences arising from that failure shall be at your own risk.

7. You may not assign or transfer the Agreement, or any rights or obligations arising under it, to any third party without the prior written consent of Maxem.

8. If you fail to comply with the Agreement, for example by allowing persons other than Maxem or a Maxem reseller or installation partner to access your account, you shall indemnify and hold Maxem harmless against any claims brought by third parties arising out of or in connection with such failure.

Article 13 – Liability

1. Maxem shall not be liable for any damage resulting from incorrect installation, improper use, hardware that has not been legally approved, incorrect configuration of our products and/or Services, or intentional misconduct or gross negligence by you or by an installer engaged by you. Maxem shall likewise not be liable for any damage to the electrical installation or connected components resulting from defective or incorrect installation or configuration, nor for any installation or configuration costs charged by an installer.

2. If Maxem is found to be liable, such liability shall be limited to the extent expressly provided in this Article.

3. Maxem shall not be liable for any damage arising from inaccurate or incomplete information supplied by you, your company, or anyone acting on your behalf.

4. Maxem shall only be liable for direct losses suffered by you or your company that are caused by an attributable failure or unlawful act on the part of Maxem, up to the maximum amounts specified below. A series of related events shall be treated as a single claim.

a. General Business Liability Insurance (AVB)

The maximum liability of Maxem shall be €5,000,000 per calendar year for all claims combined. Accordingly, Maxem's total liability in any one calendar year shall be limited to this amount. Any claim must be brought within two (2) years after termination of the Agreement or the relevant Services.

b. Professional Liability Insurance (BA)

Maxem's liability shall be limited to three (3) times the invoice value of the relevant order per claim. The maximum aggregate liability of Maxem shall be €500,000 per calendar year for all claims combined. Any claim must be brought within two (2) years after termination of the Agreement or the relevant Services.

5. Maxem shall not be liable for indirect or consequential loss. This includes, but is not limited to, consequential damages, loss of profit, loss of anticipated savings, business interruption, damages resulting from direct losses, and costs incurred to prevent, limit, or determine consequential damages.

6. You or your company shall indemnify and hold Maxem harmless against any claims brought by third parties and shall reimburse Maxem for all costs incurred in defending such claims, insofar as such claims relate to or arise from work performed by Maxem under the Agreement(s) concluded with you or your company.

7. This Article applies regardless of the legal basis upon which liability is asserted. The limitations of liability set out in this Article shall not apply where the damage results from intentional misconduct or gross negligence on the part of Maxem or its senior management.

8. Maxem may transfer its business to another entity. If Maxem transfers its entire business, you may thereafter only assert claims against the acquiring entity. If Maxem transfers only part of its business, you may assert claims against both Maxem and the acquiring entity.

Article 14 – Distance Contracts (Consumers)

1. If you entered into the Agreement with Maxem through the website, by email, or by any other means of distance communication, or if the Agreement was concluded outside Maxem's business premises, you have the right to withdraw from the Agreement without giving any reason within fourteen (14) calendar days after the Agreement has been concluded.

If your purchase includes goods delivered to you by Maxem, the fourteen (14)-day withdrawal period commences on the date you receive those goods.

You may exercise your right of withdrawal by contacting Customer Support by telephone, via maxem.energy, or by email at finance@maxem.energy.

If you have already received products from Maxem, you must return them as soon as reasonably possible. If you begin using a Service before the fourteen (14)-day withdrawal period has expired and subsequently exercise your right of withdrawal, Maxem may charge you for the Services already provided.

You are responsible for the return shipping costs when returning products to Maxem. Returned products must be complete and returned in an undamaged condition. If this is not the case, Maxem may charge you for any resulting loss or damage.

Article 15 – Complaints

1. If you have a complaint, you must submit it to Maxem within two (2) months. Please contact Customer Support or send your complaint to support@maxem.energy.

2. Maxem will make every reasonable effort to respond to your complaint within ten (10) business days. If this is not possible, Maxem will notify you accordingly and indicate when you can expect a substantive response.

3. If you are not satisfied with Maxem's response, you may submit your complaint to the Dutch Disputes Committee (Geschillencommissie) within twelve (12) months. The address is:

Postbus 90600
2509 LP The Hague
The Netherlands

Please note that the Disputes Committee will only consider your complaint after you have first submitted it to Maxem. If you have not received a timely response from Maxem, you may submit your complaint to the Disputes Committee within twelve (12) months after the date on which Maxem should have responded.

You may also choose to bring your claim before the competent courts instead of the Disputes Committee. Further information about the disputes procedure is available at www.degeschillencommissie.nl.

4. The Disputes Committee will handle your complaint in accordance with its procedural rules, which are available upon request. A filing fee is payable for submitting a complaint to the Disputes Committee.

5. Maxem may also submit a dispute to the Disputes Committee or elect to bring the dispute before the competent courts.

6. If your complaint concerns an online purchase and you are not satisfied with Maxem's response, you may also submit your complaint through the European Online Dispute Resolution (ODR) platform at:

https://ec.europa.eu/consumers/odr

Version: 1 January 2023

Maxem Energy Solutions B.V.
Kabelweg 57
1014 BA Amsterdam
The Netherlands

Chamber of Commerce (KvK): 53936981

Terms and conditions