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Fuel card terms and conditions

Fuel card terms and conditions

RADIUS BUSINESS SOLUTIONS (IRELAND)

General Terms and Conditions for the Use of Cards (these “General Terms & Conditions”)

1. Purpose

1.1 The purpose of this Agreement is to define the conditions under which Customers may use Cards to obtain Goods at participating Supply Points.

1.2 The use of Cards provided by Radius IE, along with related services, is subject to the following General Terms & Conditions. Unless a written agreement between Radius IE and the Customer states otherwise, these General Terms & Conditions, as periodically updated, will take precedence over any previous terms and conditions issued by Radius IE and supersede any terms and conditions stated by the Customer (whether in a Card Form or otherwise).

2. Definitions

In this Agreement, the following words shall have the following meanings:

“Affiliate” means (1) for Radius IE: Radius Limited (incorporated in England and Wales with company number 8260702) or a company in which Radius Limited owns or controls, directly or indirectly, 50% or more of the voting rights; (2) for the Customer: any company in which the Customer’s ultimate holding company owns or controls, directly or indirectly, 50% or more of the voting stock.

“Agreement” means these General Terms and Conditions, App Terms of Use, the Card Forms and the Card Procedures. In the event of a conflict between any provision of these General Terms & Conditions, App Terms of Use, the Card Forms or the Card Procedures, the following order of precedence shall apply: (1) General Terms & Conditions (2) Card Forms (3) Card Procedures and (4) App Terms of Use.

“App Terms of Use” means the applicable terms of use for any Radius IE app which is referred to in these General Terms and Conditions.

“Business Day” means any day on which banks are open in Ireland, excluding Saturdays.

“Card Form(s)” means the application form, card order form, e-business registration form and/or any other form completed by Customer upon request by Radius IE and accepted by Radius IE.

“Card Procedures” means any procedures or guidelines regarding the use of the Cards as Radius IE may communicate them from time to time.

“Card Program” means the card scheme owned and/or operated by Radius IE, on which Radius IE issues Cards for use by Customers.

“Cards” means all payment cards issued to Customer by Radius IE and/or by a third party designated by Radius IE for the purpose of enabling the purchase of Goods, and “Card” means any one of them.

“Cardholders” means persons to whom the Customer has issued a Card and who have been authorised by the Customer to use such Card, and “Cardholder” means any one of them.

“Charge(s)” means charges levied by Radius IE in accordance with this Agreement, details of which may be Notified by Radius IE to the Customer from time to time, including, but not limited to, by the “Charges” section on the Website available here.

“Charge Point” means a charge point which can enable a plug-in electric or hybrid vehicle to connect to and charge from an electricity supply through the use of a Card.

“Charge Point Provider” means any provider which accepts Cards as payment for the use of Charge Points.

“Customer” means the person or company whose details appear in the Card Form and whose application for Cards has been accepted by Radius IE.

“Data Protection Laws” means: a) to the extent the UK GDPR applies, the law of the United Kingdom or a part of the United Kingdom that relates to the protection of personal data; and b) to the extent the EU GDPR applies, the law of the European Union or a member state of the European Union to which the Party is subject, which relates to the protection of personal data and any local data protection laws implementing such legislation.

“EU GDPR” means the General Data Protection Regulation ((EU) 2016/679).

“Fuel Products” means all grades of diesel and petrol products supplied by Radius IE to Customer from time to time.

“Goods” means Fuel Products and Non-Fuel Products.

“Interest Rate” means the interest rate in accordance with the statutory default interest rate for commercial transactions.

“Invoices” means invoices, debit notes, payment requests and other legally appropriate similar documents from Radius IE, and “Invoice” means any one of them.

“Late Payment” has the meaning given to it in clause 6.3(a).

“Network” means the network of Supply Points where Goods are available for purchase from a Retailer.

“Non-Fuel Products” means all vehicle-related goods and services which are not Fuel Products supplied by Radius IE to Customer from time to time, including but not limited to electric vehicle charging/electricity, gas oil, lubricants, car washes, ad blue, liquid petroleum, anti-freeze and screen wash.

“Notification in Writing” means a Notice in the form specified in paragraphs (a) to (d) of that definition.

“Notify(ing)” or “Notification” means informing the other Party: (a) through the Website: in the case of notification to Radius IE (1) by submitting the required information electronically using the functionalities provided by the Website for this purpose; or, in the case of notification to Customer, (2) by posting the information on the Website; (b) by sending an e-mail to such e-mail address as Radius IE or Customer respectively may specify from time to time (“By E-mail”); (c) by sending a letter to such address as Radius IE or Customer respectively may specify from time to time; (d) by including specific information on the Invoice or on the payment overview accompanying the Invoice (only applicable to a Notification by Radius IE to the Customer); or (e) by telephone via a telephone number that Radius IE or the Customer may specify from time to time (“By Phone”).

“Parties” means Radius IE and Customer and “Party” means either of them.

“Payment Term” has the meaning given to it in clause 6.3(a).

“PIN” means the personal identification number issued for use with a Card.

“Purchase Device” means an on-board device provided to Customer by or on behalf of Radius IE for the automated purchase of Goods, including but not limited to the payment of toll road charges.

“Radius IE” means Radius Business Solutions (Ireland) Limited, incorporated and registered in Ireland with company number 233354, with its registered office at Block 2, Galway Financial Services Centre, Moneenageisha Road, Galway H91 W1YV and its successors, assigns and appointed agents or any other Affiliate and their successors, agents or assigns, as the case may be.

“Retailers” means companies who have entered into an agreement with Radius IE to accept Cards as payment for Goods, as the case may be, and a “Retailer” means any one of them.

“Spend Threshold(s)” means such spend threshold determined and applied to a Card from time to time by Radius IE in its sole discretion, such as: a) a maximum amount of unpaid Transactions, whether invoiced or not, that can be outstanding on a Customer’s account at any time; b) a maximum value per Transaction; c) a maximum value for all Transactions per Card over a period of time; or d) a maximum number of Transactions per Card over a period of time.

“Supply Point(s)” means the location where a Retailer delivers the Goods to a Customer or Cardholder.

“Transaction(s)” means each use of the Card to obtain Goods at a Supply Point.

“UK GDPR” means the UK General Data Protection Regulation.

“Website” means https://www.radius.com/en-ie/ and www.dcicard.com or any other website that Radius IE may permit Customer to access in connection with this Agreement.

3. Customer’s acceptance of the Agreement

3.1 The Customer's signing of an Agreement or the use of any Card after receiving this Agreement signifies acceptance of its terms by the Customer, both on their own behalf and on behalf of any Cardholder for whom the Customer has signed an Agreement.

3.2 The Customer is only permitted to sign an Agreement on behalf of themselves and/or any Affiliate.

4. Card Program

4.1 Radius IE may in its sole discretion provide, or cause a third party to provide, one or more Cards to the Customer. The Customer may use a Card for purchasing certain Goods from Radius IE that are available at Supply Points, without any obligation to purchase a minimum amount of Goods. If a Card remains unused for a period determined by Radius IE, it may be automatically cancelled or be subject to a Charge due to inactivity.

4.2 Radius IE offers, through Retailers, a range of Goods that can be purchased from Radius IE by use of a Card. The Customer determines the categories of Goods that can be purchased from Radius IE with the Cards based on the available offering under the Card Program. Radius IE may at any time and without Notification extend or reduce the range of Goods it offers under the Card Program. The issuing of Cards to the Customer does not confer any right to Customer to receive supplies of Goods.

4.3 The use of a Card constitutes a purchase of Goods from Radius IE. Title to the Goods and risk of loss will pass upon delivery of the Goods to the Customer at the Supply Point.

4.4 The Customer instructs Radius IE to sell to the Customer the Goods to be purchased by Radius, on behalf of the Customer, from a participating Retailer. This creates a payment obligation from the Customer to Radius IE for the purchased Goods, and title to the Goods passes from Radius IE to the Customer.

4.5 When using a Card, the Customer purchases Goods from Radius IE. All rights, titles and interests belonging to these Goods are transferred to the Customer. From the date of transfer, the Customer accepts all obligations and responsibilities associated with these Goods.

4.6 Cards may only be used at participating Supply Points, however Retailers have the right to retain Cards and/or refuse to supply Goods, accept Cards or process Transactions for any reason including, but not limited to, the Cardholder not presenting the Card to the Retailer at the Supply Point prior to drawing Goods, shortage of product, technical failure of equipment or failure by the Customer to comply with this Agreement. The Customer shall comply with all operating requirements and conditions imposed by a Retailer at the Supply Point.

4.7 Any fees or payments charged by a Retailer to Radius IE in connection with Transactions by the Customer not complying with local regulations or damaging Retailer’s equipment can be charged by Radius IE to the Customer.

4.8 If the Goods have already been supplied and the Card is not accepted by the Retailer for whatever reason, the Customer is required to pay for the Goods at Retailer’s customer price applicable at the Supply Point with other means of payment. It is the Customer’s responsibility to ensure that any place which a Card is presented is a participating Supply Point before any Goods are purchased.

4.9 The Customer may authorise Cardholders to use a Card and shall ensure that Cardholders comply with the Customer’s obligations under this Agreement. The Customer shall ensure that Cards are only in the possession of and only used by authorised Cardholders and that Cards do not remain in possession of anyone who has ceased to be an authorised Cardholder. For the avoidance of doubt, the Customer will be liable for any purchases made using a Card by an unauthorised user.

4.10 The Card may only be used for purchases that correspond with a normal consumption or use and Cards can only be used by the Customer in compliance with all applicable legislation.

4.11 The Customer and Cardholders are not entitled to participate in any Radius IE promotions or loyalty schemes on Transactions using a Card, unless otherwise invited in the terms of any such promotion or loyalty scheme.

4.12 Radius IE may modify or end its Card Program and/or replace it with a different program. In addition, Radius IE may increase or reduce the number, and vary the type, of Retailers and/or Supply Points where Cards can be used without Notification.

4.13 Where the Customer acquires a Purchase Device by virtue of this Agreement, the Customer shall:

(a) register the Purchase Device along with the vehicle details with the necessary third parties;

(b) provide Radius IE with all the correct documentation and accurate information as required by Radius IE from time to time; and

(c) be liable for any and all payments to be made through the Purchase Device for a period of two (2) Business Days after Radius IE has received a Notification in Writing that the Purchase Device should be stopped (provided always that such notification has been given by 4pm, failing which the notification period shall commence on the next Business Day).

4.14 The Customer agrees and acknowledges that title to the Purchase Device shall remain with Radius IE at all times and that the Purchase Device shall be returned to Radius IE at the end of the agreed period, failing which a non-return Charge shall be levied by Radius IE.

5. Cards

5.1 Applications, property, cancellation, blocking or renewal of Cards:

(a) All applications for the issue of Cards shall be at the absolute discretion of Radius IE. It is understood that Radius IE shall not be obliged to accept an application, nor to give any reason for refusing the same, nor to enter into any correspondence in regard thereto.

(b) Cards remain the property of Radius IE at all times. Radius IE may cancel or block Cards or refuse to renew or replace Cards in its sole discretion and the Customer shall return Cards on first request to Radius IE’s registered office. Radius IE may without prior Notification to Customer levy any of the Charges on Cards.

5.2 Use of Cards

RADIUS IE offers, through participating Retailers, a range of Goods that can be purchased from RADIUS IE using a Card. The Customer must identify themselves at the Supply Point as a representative of RADIUS IE by presenting the Card.

The Customer shall, and shall procure that a Cardholder shall, only use Cards in accordance with the provisions of this Agreement. A Card may not be used in, among others, the following circumstances:

(a) unless the Cardholder has presented the Card to the Retailer at the Supply Point prior to drawing any Goods (save where the Supply Point permits use of a Card via a remote terminal);

(b) after the expiry date shown on the Card;

(d) if the Card has been cancelled or blocked or its return requested by Radius IE;

(e) on non-compliance with the Card Procedures, if any;

(f) if there are any Late Payments;

(g) by a Cardholder other than as indicated on the “Driver Card” (as defined in clause 5.3(a)) or for a vehicle other than designated on a “Vehicle Card” (as defined in clause 5.3(a));

(h) if the Cardholder does not enter the correct PIN; or

(i) if the Cardholder does not authorise the Transaction by signing a sales voucher, receipt or similar document.

Notwithstanding clauses 5.2(a)-5.2(i), the Customer shall be liable to pay Radius IE amounts due pursuant to each Transaction, plus any Charges levied as a result of any breach of this clause 5.2.

5.3 Types of Cards

(a) Cards will bear, at the Customer’s option, either the name of the Cardholder (“Driver Card”) or the registration number of a vehicle (“Vehicle Card”) and, if applicable, any other identification requested by the Customer and accepted by Radius IE.

(b) At the Customer’s request, Radius IE may, at its sole discretion, issue Cards that are not Driver Cards or Vehicle Cards (“Wild Cards”), Cards that are to be lodged at a Supply Point (“Site Lodged Cards”) and Cards with an identical PIN that can be used by multiple Cardholders (“Fleet Cards”). Wild Cards, Site Lodged Cards and Fleet Cards are issued under the Customer’s sole responsibility and the Customer shall be liable in respect of any and all Transactions made with Wild Cards, Site Lodged Cards and Fleet Cards, even if they have been lost, stolen, duplicated, have not been received when due or if the PIN has been compromised, until such Cards have been blocked. The Customer shall indemnify Radius IE on demand in respect of all costs, claims and demands arising out of or in connection with the use of Wild Cards, Site Lodged Cards and Fleet Cards and shall pay any associated Charges in connection with such Cards. The same applies to Cards which are not issued as Site Lodged Cards, but which Customer lodges at a Supply Point on his own initiative.

5.4 Online and offline Transactions

Transactions will be processed online, except if this is not possible for technical reasons relating to the equipment required for such processing, in which case Transactions will be processed offline. Online Transactions shall be confirmed by PIN or, in the case of certain Card Programs (as determined by Radius IE in its sole discretion), by signature of the Cardholder on the sales voucher, receipt or similar document and offline Transactions (where permitted) shall be confirmed by PIN or by signature of the Cardholder on the sales voucher, receipt or similar document. Transactions confirmed in such manner are deemed to have been accepted by the Customer and will be invoiced to the Customer. A Cardholder has no entitlement to offline Transactions and the Customer will remain liable for Transactions made without PIN or signature on the sales voucher, receipt or similar document.

5.5 Security precautions

(a) The Customer will be responsible for identifying and taking all necessary precautions to ensure the safe storage and use of the Card and its PIN. Notwithstanding the foregoing, Radius IE may from time to time recommend specific precautions to the Customer.

(b) Other than in circumstances where Radius IE, in its sole discretion, issues a Card that requires a signature to authorise a Transaction, a Card is issued with a PIN. The Customer shall only disclose the PIN to the Cardholder authorised to use the Card. The Customer shall ensure, and ensure that Cardholders ensure, that the PIN is not compromised, such as by keeping the PIN secret from any person other than the Cardholder, never storing PIN with the Card and entering the PIN discreetly. Neither the Customer nor the Cardholder shall keep the PIN in any written format.

(c) Spend Thresholds are applied for the benefit of Radius IE and are not a security precaution that the Customer may rely on. Radius IE may, but has no obligation to, refuse Transactions or block Cards that are used exceeding any Spend Threshold. At the Customer’s request and in its sole discretion, Radius IE may issue Card(s) that are exempt from Spend Thresholds. Customer will indemnify Radius IE on demand in respect of all costs, claims and demands arising out of or in connection with to the use of all such Cards.

(d) A Retailer may, but is not obliged to, request the Cardholder to show appropriate identification to prove that his identity corresponds with the name on the Driver Card, in the absence of which such Retailer may refuse the Transaction and/or withhold the Card.

(e) The vehicle registration number or name on a Card is not a security measure. The Customer will be liable for purchases using the Card whether for the vehicle or name identified on the Card or otherwise.

5.6 Lost, stolen or duplicated Cards and compromised PINs

(a) If the Customer has reason to believe that a Card is lost, stolen, duplicated or has not been received when due or that the PIN is compromised, the Customer must immediately Notify Radius IE, preferably through the Website, By Phone or By E-mail. Where Notification has been given By Phone, Customer shall confirm this by Notification in Writing within two (2) Business Days thereafter (“Confirmation”).

(b) The Customer shall be liable for all Transactions made with a lost, stolen or duplicated Card for a period of two (2) Business Days after Radius IE has received a Notification in Writing or Confirmation from Customer that the Card has been lost or stolen. However, if after two (2) Business Days Transactions are made with the lost, stolen or duplicated Card using the correct PIN, the Customer will remain liable for such Transactions until the lost, stolen or duplicated Card has been blocked by Radius IE, which Radius IE shall do as soon as reasonably practicable. In addition, if after Notification by the Customer that a Card is lost, stolen or duplicated, the Card is used by the Cardholder, the Customer will remain liable for such Transactions and Radius IE may make such reasonable charge to the Customer as appropriate to cover the expenses incurred by Radius IE as a result of Customer’s Notification, including any payments made by Radius IE to any person as a reward for confiscating such Card.

(i) the Customer has given Notification to Radius IE as detailed in clause 5.6(a) above; and

(ii) until Radius IE has received the compromised Card with the top corners cut off.

(d) The Customer shall give Radius IE all reasonable assistance to investigate the loss, duplication or theft of any Card and to assist Radius IE to recover the lost or stolen Card or a duplicate of the Card. The Customer must notify the police of any loss, theft, duplication or other misuse involving a Card and obtain a police report and crime reference number, which must be provided to Radius IE.

5.7 Cancellation, withdrawal or replacement of Cards

(a) If the Customer wishes to cancel or withdraw a Card for any reason, it should give Radius IE Notification in Writing and return the Card to Radius IE with the corner cut off. The Customer will remain liable in respect of all Transactions made with a cancelled or withdrawn Card, prior to receipt of the Card by Radius IE.

(b) Upon receipt of new Cards replacing existing or expired Cards, Customer shall give Radius IE Notification in Writing that the replaced Card should be cancelled and shall ensure that all the replaced Cards are immediately destroyed. Customer shall remain liable for all Transactions made with the replaced Cards.

5.8 Card Replacement Charges

Without prior Notification to the Customer, Radius IE reserves the right to levy Charges in respect of the reissuing and replacement of any Cards.

6. Price, Invoicing and Payment

6.1 Price

(a) The prices payable for Fuel Products and Non-Fuel Products at the Supply Point may be Notified by Radius IE to the Customer from time to time. Radius IE reserves the right in its absolute discretion to amend the price payable for Fuel Products and Non-Fuel Products due to factors such as changes in wholesale crude oil prices, currency or exchange rates, tax/excise duties, volatility in the oil market in general, the volume of Goods purchased by the Customer, or other reasons.

(b) The Customer:

(i) agrees to pay the prices for Fuel Products and Non-Fuel Products applicable from time to time;

(ii) acknowledges that due to changes in wholesale crude oil prices, currency or exchange rates, tax/fuel duty, volatility in the oil market generally, the volume of Goods purchased by Customer or for any other reason howsoever arising, it is impractical for Radius IE to Notify each Customer individually of such price changes;

(iii) agrees that use of a Card constitutes acceptance of any price; and

(iv) agrees that the price of Fuel Products may be higher than the pump price at the time of the transaction.

(c) For transactions of Goods on Cards outside of the Network, Radius IE may apply a Charge or a Surcharge to the price of the Goods.

(d) Goods shall be invoiced together with Charges, taxes, duties and any other costs levied in the country of delivery. Value Added Tax shall be specified separately for deliveries in countries where this is legally possible. Taxes, duties and Charges will also be added to all service fees or other payable amounts as appropriate. Customers are responsible for Notifying Radius IE in due course of any changes to their country-specific fiscal (or VAT) ID numbers, addresses and tax representatives.

(e) Radius IE may in its sole discretion levy a Charge for customer services or facilities it provides to the Customer, which may include, but is not limited to, the application of a percentage service fee to the purchase of all Goods. Radius IE may from time to time modify the amount of the Charges or services to which the Charges relate.

(f) Any Charges may be unilaterally changed and updated from time to time by Radius IE acting in its absolute discretion. The new Charges will be published on the Website and it is the Customer’s responsibility to monitor the Website for any changes and updates. For the avoidance of doubt, any changes made in accordance with this clause 6.1(f) shall take effect immediately after publication on the Website. If the Customer continues to use the Card(s) after changes to the Charges, the Customer shall be deemed to have agreed to the changes.

6.2 Invoicing

(a) If Transactions have been processed, the Customer will be invoiced with the frequency agreed between Radius IE and the Customer. Radius IE may conduct periodic reviews on all Customers and Radius IE reserves the right to amend the invoice frequency and the Payment terms of the Customer with prior Notification.

(b) The use of electronic invoicing (where available) is subject to the Customer subscribing to the e-invoicing service. Radius IE may levy a Charge to the Customer in accordance with the Charges, according to the type of invoicing service it subscribes to. When subscribing to the e-invoicing service, the Customer agrees that Radius IE may archive invoices electronically or have them archived electronically by a nominated third party contractor. The Customer will be Notified “By E-mail” when a new invoice is available online via the Radius IE’s online customer portal or such other method as Radius IE shall determine from time to time. Email notification is provided for information only, and payment conditions apply in accordance with this Agreement. The Customer may still receive a paper “Invoice” in cases of manual adjustments. If any e-mail Notification or electronic Invoice fails to reach the e-mail address specified or any loss or corruption of information occurs, it is the Customer’s responsibility to advise Radius IE and no such failure or loss shall affect the Customer’s liability for making payment of all amounts properly due from the Customer to Radius IE on or before the due date for payment. For the avoidance of doubt, the Customer is responsible for informing Radius IE of all changes to the Customer’s administration data, which includes the destination e-mail address. The Customer is responsible for informing their local tax office, if required, of their intention to receive invoices electronically.

(d) Radius IE will issue “Invoices” or debit notes, payment requests, non-title invoices, non-VAT invoices or other legally appropriate similar documents as permitted by the Transactions, or will cause such documents to be issued on its behalf, for Goods sold by Radius IE or Retailers to the Customer. If the Customer requires a VAT invoice for Goods sold by Retailers in circumstances where Radius IE is not legally permitted to issue a VAT invoice, the Customer should request an “Invoice” at the Supply Point at the time of the Transaction.

(e) Invoices are issued based on Transaction data communicated to Radius IE by Retailers. Therefore, any subsequent corrections communicated by Retailers may lead to rectification of Invoices.

(f) Sales vouchers, or duplicates thereof, are not issued by Radius IE and should, if required, be obtained by the Customer at the Supply Point at the time of the Transaction.

6.3 Payment Term, payment method and securities

(a) Invoices are payable by the due date stated on such Invoice (“Payment Deadline”). The Customer shall pay Invoices without any discount, deduction or set-off, so that Radius IE’s designated bank account is credited with the full amount and in the currency indicated on the Invoice within the Payment Deadline. Failure to do so shall constitute “Late Payment”.

(b) Unless agreed otherwise by Radius IE, payments shall be made by means of direct debit. Radius IE may levy a Charge for any other payment method than direct debit. The Customer shall provide Radius IE with a direct debit mandate in a form acceptable to Radius IE and shall ensure that a valid direct debit mandate exists at all times during the course of this Agreement. If nevertheless at any time a direct debit by Radius IE is recalled by the Customer’s bank, the Customer will immediately pay to Radius IE an amount equal to the amount of such recalled direct debit. Radius IE is entitled to levy a Charge for administration, increased in line with any bank charges incurred by Radius IE, for any recalled or failed direct debits. Customer shall Notify Radius IE of any changes to its bank account details in a timely manner so as to avoid any Late Payment.

(c) At its sole discretion, and at any time, Radius IE has the right to revise the payment method or Payment Term and to revise or withdraw any Spend Threshold that may have been granted to the Customer. Notwithstanding any other remedies available to Radius IE, in the event that credit is withdrawn, all amounts then due and owing, for whatever reason, whether already invoiced or not, shall become immediately payable, and any future sales by Radius IE to the Customer shall be with pre-payment or fully covered by a security in accordance with clause 6.3(d) at Radius IE’s option.

(d) The Customer shall provide to Radius IE and maintain security in such amounts, types, forms and issuers as Radius IE may specify from time to time in its sole discretion. Radius IE may request the Customer to increase the amount covered by the security or to provide additional security if Radius IE, in its sole discretion, considers that this is required to guarantee the Customer’s current or future payments to Radius IE. The Customer shall renew all expiring securities at the latest by the date corresponding to the expiry date of the security minus the number of days corresponding to the then applicable Payment Term, and if the Customer fails to do so, Radius IE is entitled to block the Cards. If a parent company guarantee is in place and, as a result of a change in the shareholding structure in the Customer’s Affiliates, the parent company that has issued the guarantee is no longer a parent company of the Customer, the Customer shall immediately secure an alternative security acceptable to Radius IE, unless and until it is confirmed by the parent company that has issued the guarantee that the guarantee remains in force. Failure to provide or maintain at all times adequate securities shall immediately make all sums owing by the Customer to Radius IE (whether already invoiced or not) on any account whatsoever immediately and automatically due and payable. The Customer shall ensure that Radius IE will have the option to call on the security until at least 6 (six) months from the end of the month after termination of this Agreement.

(e) Disputed Invoices shall be paid in full by the Customer on the due date. If consequently Parties agree that such Invoice needs to be corrected with a certain amount, Radius IE will promptly issue a credit note and repay such amount or set it off with any amounts due to Radius IE by the Customer. For the avoidance of doubt, any dispute in relation to an Invoice shall be raised by the Customer within 30 calendar days of the date of Invoice. After such period, the Invoice amount shall be deemed agreed by the Customer.

(f) Radius IE and its Affiliates may at any time, without giving Notification to, or making demand upon, the Customer, set off and apply any and all sums at any time owing by Radius IE and/or by any of its Affiliates to the Customer or any of the Customer’s Affiliates, against any and all sums owing by the Customer or any of the Customer’s Affiliates to Radius IE and/or to any of its Affiliates. The Customer shall not withhold or set off any amounts payable by it against any amounts payable by Radius IE, except if this is mandated by law.

(g) The Customer acknowledges that the provision and use of a Card is solely for identification and authorisation purposes and does not constitute the granting of credit or financing to the Customer. Payment terms do not constitute a financing relationship but are part of Radius IE’s service programme under this Agreement.

6.4 Default by the Customer

(a) Late Payment by the Customer shall make all sums owing by Customer to Radius IE (whether already invoiced or not) on any account whatsoever immediately and automatically due and payable, without prejudice to Radius IE’s right to charge automatically and without prior Notification, the Interest Rate.

(b) The Customer shall be liable for all costs, Charges and other liabilities incurred by Radius IE as a result of the Late Payment. Radius IE is entitled to charge all costs of collection, including professional fees to the extent permitted by law, in addition to all other amounts due. For payments that do not take place on the due date, Radius IE reserves the right to levy a Charge in respect of such late payment.

(i) any interest due;

(ii) any unsecured portions of the debt;

(iii) any secured portions of the debt; and finally

(iv) any other indebtedness to Radius IE.

(d) Radius IE may use, without prior Notification or demand, any or all of the security to set off or satisfy all or any part of any indebtedness or obligation of the Customer and/or any of the Customer’s Affiliates’ to Radius IE and/or any of its Affiliates, including indebtedness arising from purchases under this Agreement or from any other agreement concluded between the Customer and/or any of the Customer’s Affiliates and Radius IE and/or any of its Affiliates.

(e) If a cash deposit has been made by the Customer and/or any of the Customer’s Affiliates, then such deposit can be used, at Radius IE’s sole discretion, as payment of Transactions which have been invoiced or not yet invoiced, or in satisfaction of any other sums owed by Customer and/or any of Customer’s Affiliates to Radius IE and/or any of its Affiliates.

(f) In case of Late Payment, failure to provide or maintain adequate security, exceeding any Spend Threshold, or if Radius IE, determines that there are objective reasons to conclude that the financial status of Customer has become, or is likely to become, impaired or unsatisfactory, Radius IE may immediately, without prior Notification, block or cancel the Customer’s Cards.

(g) In case of Late Payment, Radius IE reserves the right to apply a Charge to all Transactions for a period of three (3) months immediately following the occurrence of the Late Payment.

(h) Radius IE reserves the right to terminate this Agreement, suspend Cards or levy a Charge in the event that the Customer’s exceeds a Spend Threshold.

(i) If the Customer’s account is suspended for any reason with a subsequent reactivation, the Customer may incur a Charge for any such reactivation requested. Radius IE does not accept any liability for accounts that are not reactivated.

(j) Radius IE (or its agents or representatives) may perform credit checks on the Customer. The Customer hereby gives its consent to Radius IE (or its agents or representatives) to carry out such checks. The Customer hereby acknowledges and agrees that the credit checks may involve giving information about the Customer to licensed credit reference agencies or third parties. Occasionally, Radius IE may use the information provided as a result of the credit checks to inform the Customer about any other product offering of Radius IE or any third party from time to time.

(k) Radius IE may undertake periodic risk assessments of the Customers using industry-recognised risk exposure management tools and/or general market intelligence. If, following such risk assessment, the Customer’s risk exposure reaches a specified risk exposure level determined by Radius IE in its sole discretion, a risk-based Charge may be applied to all purchases of Fuel Products for the duration of the increased risk exposure level until such point as the original risk level resumes.

7. Information and Data Privacy

7.1 The Customer shall ensure that all information communicated to Radius IE (including name, legal status, address, email address, key personnel, bank details) is accurate and it shall forthwith provide Notification in Writing to Radius IE of any changes. Upon request, the Customer shall provide complete and accurate financial statements (latest audited accounts if available) and related information in a timely manner to assist Radius IE with the financial assessment process.

7.2 Radius IE shall not be liable to the Customer in respect of any inaccurate Invoices, documentation or reporting about Transactions resulting from incorrect information provided by the Customer, Cardholder or Retailer. All monies owing by the Customer to Radius IE shall become due and payable forthwith if Radius IE discovers that any of the information provided by the Customer to Radius IE is materially inaccurate.

7.3 Radius IE may at any time disclose to a third party any relevant information relating to the Customer, its Cardholders or its Transactions to the extent that this is deemed necessary by Radius IE to enable the operation of this Agreement. The Customer shall treat information set forth in or derived from this Agreement as confidential.

7.4 Protection of Personal Data

(a) For the purposes of this clause 7.4, “personal data”, “data processing/processing”, “controller”, “processor”, “data subject” and “personal data breach” have the same meaning as in the EU GDPR.

(b) The Customer acknowledges that in the performance of its obligations under this Agreement, Radius IE shall process (as a processor) the following types of personal data in respect of the following categories of data subjects, strictly in relation to and for the purpose of performing its obligations under this Agreement and for the duration of this Agreement:

(i) types of personal data: contact data (full name, initials, contact address); transactional data (detail of purchases and locations of purchases); employment data (job role and employer information);

(ii) categories of data subjects: representatives of the Customer, the Retailer and the Cardholders.

(i) only collect, process, store and use personal data as required to meet the Customer’s lawful, documented, and reasonable instructions (which shall, unless otherwise agreed, be to process personal data to the extent that such is necessary for the performance of this Agreement); and

(ii) as required to comply with an EU or Member State law to which Radius IE is subject, in which case Radius IE shall (to the extent permitted by law) inform the Customer of that legal requirement before processing that personal data.

(d) The Customer hereby generally authorises Radius IE’s appointment of sub-processors who may from time to time be engaged by Radius IE in support Radius IE’s provision of the services to the Customer.

(e) Radius IE shall implement appropriate technical and organizational measures to protect all personal data collected under this Agreement against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. Having regard to the state of the art and the cost of their implementation, such measures shall ensure a level of security appropriate to the risks represented by the processing and the nature of the data to be protected.

(f) Insofar as Radius IE processes personal data on behalf of the Customer as data processor, Radius IE shall:

(i) take reasonable steps to ensure the reliability of any Radius IE employees who may have access to the personal data, and their treatment of the personal data as confidential;

(ii) promptly Notify the Customer of any communication from a data subject regarding the processing of their personal data, or any other communication (including from a supervisory authority) relating to the Customer’s obligations under the Data Protection Laws;

(iii) Notify the Customer without undue delay upon becoming aware of any personal data breach involving the Customer or its data subjects, such notice to include all information reasonably required by the Customer to comply with its obligations under the Data Protection Laws; and

(iv) cease processing the personal data within 120 days upon the termination or expiry of this Agreement, and as soon as possible thereafter either return or securely wipe from its systems, the personal data and any copies of it or the information it contains.

(g) To the extent permitted by law, Radius IE shall make available to the Customer such further information and (as applicable) co-operate in the conduct of any audit or review exercise, as the Customer may reasonably require to provide assurance that Radius IE’s is in compliance with the obligations set out in clauses 7.4(c) - 7.4(f) (inclusive), provided always that this requirement shall not oblige Radius IE to provide or permit access to information concerning:

(i) Radius IE’s internal pricing information;

(ii) information relating to Radius IE other customers (including any pricing information);

(iii) any of Radius IE’s non-public external reports;

(iv) any internal reports prepared by Radius IE’s internal audit function;

(v) any intellectual property rights of Radius IE; or

(vi) any information which would infringe the Data Protection Laws.

Further a maximum of one audit or review may be activated under this clause in any twelve (12) month period and provided always that the Parties shall (acting reasonably) agree on a mutually convenient date for the audit or review to take place.

(h) Customer acknowledges that Radius IE may process (as data controller) personal data relating to the Customer and the Cardholders by Radius IE, the Retailer or any third party designated by Radius IE, for the execution of this Agreement, and for legitimate purposes required by Radius IE including, but not limited to, operating this Agreement, keeping accounts and records, invoicing, credit analysis, enhancing services quality, market analysis, compilation of statistics or for sending marketing and/or other information to the Customer, including after termination or expiry of this Agreement.

(i) The Customer hereby expressly agrees to comply with the requirements of Data Protection Laws, including but not limited to (where applicable), having a valid lawful basis for the processing of Cardholder’s personal data pursuant to this Agreement and warrants that it has obtained, or will obtain (where applicable), all necessary consents from Cardholders to permit processing of their data by Radius IE, Retailers and third parties designated by Radius IE in accordance with this clause 7.4, before processing any such personal data.

(j) For details of Radius IE’s approach to data protection, please see our privacy policy at: https://www.radius.com/en-ie/privacy-policy/ and the statement “Data Protection” at: https://www.radius.com/en-ie/data-protection/

8. Duration and Termination

8.1 This Agreement will take effect upon the first use by the Customer or Cardholder of a Card and it is concluded for an indefinite duration. Each party reserves the right to terminate this Agreement at any time immediately without cause.

8.2 The Customer may close the account by calling the number available on the Website. No other form of communication shall be deemed to effect the closure of an account. In the event that the Customer closes their account, the Customer shall:

(a) return all Cards to Radius IE;

(b) ensure that there are no Transactions after the request to close the account;

(c) remain liable to repay immediately on demand any outstanding balance on the account, including all Charges, fees and costs to the date of repayment;

(d) where returning Cards by registered post, ensure that the Cards are cut into two and the magnetic strip is severed; and

(e) only cancel the direct debit mandate with Radius IE when all outstanding payments have already been discharged. For the avoidance of doubt, a Customer account shall not be closed until all Cards are returned to Radius IE and all liabilities under this Agreement are satisfied.

8.3 Notwithstanding any other remedies available to Radius IE, this Agreement may be terminated by Radius IE with immediate effect by Notification to the Customer in the following circumstances:

(a) if there is Late Payment by the Customer;

(b) if the Customer exceeds a Spend Threshold;

(d) if there is a suspicion of fraud or abuse of the Customer’s Card(s) or if such fraud or abuse has been established;

(e) to the maximum extent permitted by applicable law, if the Customer (being an individual) dies or is unable to pay its debts (being a company) if a liquidator (other than for the purpose of amalgamation or reconstruction), administrative receiver, administrator, examiner or receiver is appointed in respect of all or any part of the Customer’s assets or business or the Customer enters into an arrangement or composition with its creditors or the Customer becomes insolvent or is likely to become insolvent, the Customer applies for or is subjected to a suspension of payments or a bankruptcy petition is filed against the Customer, or the Customer ceases or threatens to cease its business operations, or if the Customer suffers any attachment or execution on its property or premises or any equipment on its premises or any other circumstances arise which would entitle the court or a creditor to appoint a receiver, administrative receiver or administrator or to make a winding-up order in relation to the Customer;

(f) if Radius IE performs and/or obtains a credit review or rating for the Customer (to which the Customer hereby agrees that Radius IE may carry out and/or obtain from time to time) which, in the sole opinion of Radius IE, is unsatisfactory;

(g) if Radius IE in its sole discretion determines that there are objective reasons to conclude that the financial status of Customer has become or is likely to become impaired or unsatisfactory;

(h) if the Customer is in material breach of any (other) term of this Agreement; or

(i) if the Customer assigns this Agreement without Radius IE’s consent or there is a change in control of the Customer.

8.4 If a Notification of termination of this Agreement is given for whatever reason, the total outstanding balance of the Customer’s account (whether invoiced or not) shall become immediately due and payable in full to Radius IE. At the termination of this Agreement the right of the Customer to use Cards shall cease, and the Customer’s access to the Website may be stopped or restricted. This is without prejudice to the Customer’s liability for use of Cards after termination until the moment where such Cards have been received back by Radius IE or to the rights of Radius IE’s already accrued at the date of such termination at the conditions that were valid before the termination of this Agreement. Securities shall remain in force until the last payment due under this Agreement has been received by Radius IE.

9. Exclusion and Limitation

9.1 Radius IE shall not be liable for the failure of a Retailer to process Cards or for any refusal of a Retailer to accept Cards.

9.2 Radius IE is not liable for the consequences of not being able to use or no longer being able to use the Card and/or an application possibility, caused by, related to or arising from the failure of Card-reading equipment (including the Card-reader), damage or any other form of non-acceptance of the Card, except in case of gross fault of Radius IE. In case the Card was withheld by the device, the Customer should contact the Customer Service Centre of Radius IE.

9.3 The Customer indemnifies Radius IE for use of the Card(s) and/or PIN by others than the Customer or the Cardholder.

9.4 To the maximum extent permitted by applicable law, Radius IE is never liable in contract, tort (including negligence), for breach of statutory duty, misrepresentation, restitution or otherwise, for any: (i) indirect, special or consequential loss or damage (ii) loss of profits (iii) loss of business or revenue (iv) loss of agreements (v) loss of data (vi) loss of opportunity (vii) loss of reputation and loss of or damage to goodwill, in each case, howsoever caused arising out of, or in connection with, this Agreement.

9.5 In case Radius IE does not timely or does not properly perform its obligations under this Agreement and is liable for this, the Customer is entitled to damages. Subject to mandatory provisions of applicable law, such damages shall be limited as follows:

(a) Liability for damage caused to a vehicle by contaminated fuel: liability is strictly limited to €25,000 per vehicle that was supplied with contaminated fuel; and

(b) Liability for other damages: for all other forms of liability, the maximum compensation to which the Customer shall be entitled is strictly limited to the lower of:

i) €100,000; or

ii) a total aggregate amount equal to the price of all Goods paid by the Customer to Radius IE in the 12 months prior to the Customer’s claim less the price paid for all such Goods by Radius IE to any third party including any Retailer in that 12 month period.

9.6 Claims by the Customer or Cardholder are waived unless made within 30 calendar days from the date of the event triggering the claim.

9.7 Statements made by Radius IE relating to the Cards and all recommendations, opinions, estimated savings and forecasts (together “Forecasts”) in any communication between Radius IE and the Customer are made in good faith on the basis of information available at the time and such Forecasts are addressed only to the Customer. Subject to mandatory provisions of applicable law, Radius IE shall have no liability in relation to losses, liabilities, expenses, claims, costs or damages suffered or incurred as a result of or in relation to Customer’s reliance on such Forecasts and Customer acknowledges that such liability is a business risk that Customer wholly assumes.

9.8 This clause shall continue in full force and effect after the termination or expiry of this Agreement.

10. Force Majeure

Radius IE shall not be liable for any failure to perform or any delay in performance under this Agreement arising from, or in connection with, any event that is not within Radius IE’s immediate control, including, but not limited to:

(a) strikes, lock-outs, labour disputes of any kind, partial or general stoppages of labour, refusals to perform any kind of work (whether or not any of the foregoing are lawful, or relate to Radius IE’s own employees or others);

(b) war, hostilities, terrorist activity or any local, national or international emergency;

(d) inability to obtain energy, utilities, equipment, transportation or the Goods;

(e) technical problems, breakdown of or accident relating to plant, machinery, facilities, Supply Points, transportation equipment, communication systems, computer hardware or systems or other equipment such as card readers;

(f) any hindrances to transportation;

(g) Radius IE’s Fuel Product stocks falling below levels which Radius IE in its absolute discretion considers necessary;

(h) good faith compliance with any regulation, order or request of, or interference by, or restriction imposed by, any international, national or provincial port or other public authority or any person purporting to act for such authority (whether ultimately determined to be valid or invalid); or

(i) the threat, or reasonable apprehension, of any of the above events.

11. General

11.1 Signing or using a Card constitutes acceptance of these General Terms & Conditions.

11.2 Radius IE may unilaterally vary, add to or delete any provision of this Agreement and updates and amendments to this Agreement shall be posted on the Website. The Customer shall check online from time to time for any updates or amendments to this Agreement. If the Customer continues to use the Card(s) after amendments to the Agreement (including Card Terms and Charges), the Customer shall be deemed to have agreed to the amendments.

11.3 Radius IE may transfer or assign the rights and obligations under this Agreement in whole or in part (including, but not limited to, transferring, assigning or factoring any debts or claims) to third parties (including but not limited to other Affiliates) after Notification. Furthermore, Radius IE may, at its sole discretion, and without Notification, appoint any agent or contractor for the negotiation and/or execution of this Agreement and the Customer hereby expressly confirms its consent to any such appointment. The Customer may transfer or assign its rights and obligations under this Agreement with prior written consent from Radius IE.

11.4 If the Customer consists of two or more persons, then their obligations under this Agreement shall be joint and several.

11.5 Each Party shall exercise reasonable care and diligence to prevent any action or condition which may result in a conflict of interest with those of the other Party. This obligation shall apply to the activities of each Party’s employees and agents in their relations with the employees of the other Party, its representatives, vendors, subcontractors and third parties. Each Party’s compliance with this requirement shall include, but shall not be limited to, establishing precautions to prevent that Party’s employees or agents from making, receiving, providing or offering substantial gifts, entertainment, payments, loans or other considerations for the purpose of influencing individuals to act contrary to the other Party’s best interest. Each Party shall promptly Notify the other Party of the identity of its representatives or employees who are known in any way to have a substantial interest in the other Party’s business or the financing thereof.

11.6 To the maximum extent allowed by law, no delay or failure on the part of Radius IE in exercising any right, remedy, power or privilege of Radius IE shall operate as a waiver thereof.

11.7 Each of the clauses in this Agreement is independent and severable and shall not, in the event of any declaration of invalidity or unenforceability, affect the construction, or effect of, any other clause in this Agreement.

11.8 This Agreement shall form the entire agreement between Radius IE and the Customer in relation to the use of the Cards and supersedes all other agreements and understandings (whether written or oral) in relation to the use of the Cards. Any terms and conditions provided by the Customer shall not apply to this Agreement.

11.9 Headings used in these General Terms & Conditions are for convenience only and shall not affect its interpretation.

11.10 This Agreement, and any supplies of Goods made in conjunction with the use of the Card, shall be governed by, and construed in accordance with, the laws of Ireland (excluding its rules on conflict of laws) and Customer irrevocably submits to the exclusive jurisdiction of the courts of Ireland. Neither the Uniform Law on the International Sale of Goods (“ULIS”), nor the United Nations Convention on Contracts for the International Sale of Goods 1980 (“CISG”) shall apply.

11.11 For Transactions involving Supply Points outside of the territory of the Radius IE group company which has the primary relationship with the Customer (“Outside Territory Transactions”), an Affiliate will replace Radius IE in relation to the sale of Goods and issue of Invoices as set out in this Agreement.

11.12 Use of a Card for Outside Territory Transactions constitutes a purchase of Goods from an Affiliate or from a Retailer, as the case may be. Title to the Goods and risk of loss will pass upon delivery of the Goods at the Supply Point. Invoices will be issued in respect of these supplies in accordance with the terms in clause 6 above.

12. Country-Specific Provisions

12.1 In Ireland, Cards may only be used if shown to the Retailer prior to the purchase of Goods (save where the Supply Point permits use of a Card via a remote terminal).

12.2 The Cards are not currently subject to the necessary regulatory licence for use in Poland or Hungary. The Customer may not therefore use any Card for purchasing Goods from Supply Points in Poland or Hungary. The Customer shall be liable for any liability incurred by any Party as a result of the use of a Card in Poland or Hungary, including for any fines or penalties imposed by any government or regulatory body. Any Card that is used to purchase Goods from a Supply Point in Poland or Hungary may be suspended with immediate effect.

12.3 The Cards can be used for the purchase of Goods in the following countries only: Denmark, Finland, Norway, Sweden, Austria, Belgium, France, Germany, Ireland, Italy, The Netherlands, Spain (excluding the Canary Islands), Portugal, Switzerland, Luxembourg and the United Kingdom. For Goods other than electric and hybrid vehicle charging/electricity the Cards can be used in Singapore and Malaysia. The Customer may not therefore use any Card for purchasing Goods from Supply Points in any other country. The Customer shall be liable for any liability incurred by any party as a result of the use of a Card in any other country, including for any fines or penalties imposed by any government or regulatory body. Any Card that is used to purchase Goods from a Supply Point in any other country may be suspended with immediate effect.

13. Electrical vehicle charging

The following provisions apply where the Cards are used to pay for the use of electrical vehicle Charge Points:

13.1 The Customer acknowledges and agrees that, to the maximum extent permitted by applicable law, neither Radius IE nor its Charge Point Providers:

(a) make any guarantee as to the number of Charge Points at any Supply Points;

(b) make any guarantee that a Charge Point will be available at any particular time; or

(c) will be liable to the Customer or any Cardholder, for any loss of, or damage to property whether during or after using a Charge Point, including any damage to a Customer vehicle.

13.2 The Customer acknowledges that, to the maximum extent permitted by applicable law, Radius IE is not responsible for and gives no warranties or undertakings in relation to:

(a) the functionality of the Charge Points at any Supply Points;

(b) the kWh charge of the Charge Point, which is determined by the Charge Point Provider and must be checked by the Customer prior to use; or

(c) any incorrect information provided at the Charge Point or by any applications accessed by the Customer relating to electrical vehicle charging.

13.3 The Customer acknowledges that the charging speed of each Charge Point may be affected by external factors including, but not limited to, temperature, grid capacity, and the Customer’s vehicles’ battery management system and capabilities, and therefore may differ from the expected charging speed that the Charge Point Provider has advertised for each respective Charge Point.

13.4 The Customer warrants that the Cardholders shall follow all instructions in relation to the use of a Charge Point (which may differ from one Charge Point and/or Charge Point Provider to another, particularly where the service is different).

13.5 The Customer is responsible for:

(a) checking that a Charge Point is suitable for charging the applicable vehicle prior to use, in particular complying with any guidance and requirements from the vehicle manufacturer;

(b) abiding by the terms and conditions of the applicable Charge Point Provider as displayed on its website and/or at the Charge Point from time to time;

(d) paying the costs of any fines or penalties imposed by a parking enforcement authority relating to the use of a Charge Point and of any charge applied if a vehicle is immobilised, clamped or removed;

(e) ensuring that the charging of a vehicle at a Charge Point is carried out safely so as to avoid injury to any person or damage to property. This includes, but is not limited to, the Customer ensuring that it takes all reasonable care when charging a vehicle, not acting in any way unlawfully or in a manner which may cause disruption to the operation of a Charge Point;

(f) not causing harm, disruption or nuisance to other users of the Charge Point or adjacent Charge Points, including but not limited to blocking Charge Points whilst not in active use; and

(g) any damage to a Charge Point, any property or any injury to any person which is caused by a Cardholder’s use of a Charge Point. For the avoidance of doubt, Radius IE may share with the Charge Point Provider the relevant Customer’s details where necessary in connection with damage or injury for which a Cardholder authorised by the Customer is responsible, in accordance with clause 7.4.

13.6 The Customer acknowledges and agrees that any use of a rapid Charge Point is at the Customer’s own risk. To the maximum extent permitted by applicable law, neither Radius IE nor any Charge Point Provider will be liable to the Customer for damage to a vehicle resulting from the use of a rapid Charge Point.

13.7 The Customer acknowledges and accepts that Cards may be used to access Charge Points without the use of a PIN. The Customer must take extra care to check Invoices for Charge Point Transactions and Notify Radius IE in accordance with clause 5.6(a) above in the event of unauthorised use of a Card in relation to a Charge Point. For the avoidance of doubt, the provisions of clause 5.6(b) above shall apply to Cards used to access a Charge Point.

13.8 The Customer acknowledges that it is not possible for Radius IE to restrict the use of Cards to electrical vehicle Charge Points only and that any Cards may also be used to purchase Fuel Products and other Non-Fuel Products and the Customer shall be liable for all Transactions.

13.9 The Customer will use the relevant Radius mobile/desktop application (“App”) to locate Charge Points. The Customer will agree to and comply with the App Terms of Use which will be available on the App and on the Website.

13.10 The cost of electricity supplied to the Customer through a Charge Point (“Electricity”) is controlled by the Charge Point Provider and is subject to change at any time. While Radius IE takes all reasonable efforts to inform the Customer of the cost of Electricity at each Charge Point through the App, Radius IE is not liable if that information is incorrect or incomplete and no rights can be derived from this information.

13.11 The Customer agrees that the price of the Charge Point Transaction may differ from the price displayed at the Charge Point at the time of the Transaction.

13.12 The Customer acknowledges and agrees that the cost of the Charge Point Transaction may consist of some or all of the following components:

(a) the rates charged for the Electricity supplied, which may be a rate based on the kWh tariff of the individual Charge Point, or a rate communicated separately to Customer;

(b) the transaction, processing and/or service fee for administrative handling per Charge Point Transaction; and