GENERAL TERMS OF USE OF BRIQ SERVICES

The General Terms and Conditions of Use of BRIQ Services administer user relationships regarding the use of BRIQ Services. The subject relationships are also governed by the operating instructions. All such terms and conditions are made available to users at www.briqapp.com

  1. DEFINITIONS

    The General Terms and Conditions of Use of BRIQ Services (hereinafter: T&C) are the General Terms and Conditions of Company 9i ekran d.o.o. (hereinafter referred to as "the contractor") as a BRIQ Service Provider in concerning the users of these services.

    Contractor: Company 9i ekran d.o.o.

    User: any natural or legal person who agrees with the T&C.

    It is an ecosystem - a self-learning device that reduces the operating costs of your heating system (boiler, heat pump, ...)

    BRIQ system: Reduces the amount of electricity consumed and changes the power consumption time for the benefit of the user. However, it does not affect the operation of the device to which it is connected and controlled.

  2. TERMS AND CONDITIONS FOR USE OF BRIQ SERVICES

    The user must:

    • have a water heater/heat pump (or more),
    • have access to their wireless internet,
    • deliver the required information as specified in the following paragraph,
    • enable BRIQ to be installed on your device (boiler/heat pump),
    • sign the BRIQ Acceptance Certificate
    • use BRIQ in accordance with T&C (point III).

    The user is obliged to provide the contractor with the following information:

    • boiler/heat pump volume (litre),
    • rated power of the boiler/heat pump (W),
    • brand of boiler/heat pump and year of production,
    • a valid electricity supplier contract and/or last electricity supplier bill,
    • maximum water temperature in the boiler/heat pump,
    • your email address,
    • mobile phone number,
    • tax number for the natural person and tax and registration number for the legal person,
    • username and password to access the Wi-Fi modem.
  3. TERMS OF USE OF THE BRIQ SERVICE

    Once the above conditions are met and the BRIQ is properly installed, rationalization of electricity consumption begins. This means that the installed BRIQ will control the device in such a way that with the unchanged user experience of the user's device (boiler, heat pump), BRIQ's electricity consumption will be moved to periods of lower tariffs or minimum prices of available electricity within a 24-hour interval. The BRIQ system also reduces the amount of electricity consumed. The user, therefore, pays a lower cost of electricity with unchanged user habits. Under no circumstances will the BRIQ system affect the basic operation of these devices (boiler, heat pump) or their functionality, as the boiler/heat pump device is protected via an existing fuse, while the BRIQ has its own protection.

    The contractor undertakes that the BRIQ service for the user will also be free of charge for the time when the contractor seeks the most favourable electricity supplier for the user (test period).

    Once the contractor has concluded the relevant contract for the supply of electricity on behalf of the user (subject to the authorization of the user and the electricity trader), the user undertakes to conclude a contract with the electricity complier, selected by the contractor.

    The BRIQ Service Provider must provide the user with a more favourable supply of electricity than the user has on the date on which the BRIQ Services are commenced.

  4. USER'S OBLIGATIONS

    IV. 1.

    The user agrees to allow the connection to the contractor network:

    • provides complete and authentic personal information as specified in II. T&C points,
    • enables connection and installation of BRIQ,
    • provides access to its Wi-Fi internet network, provides grounding connections in accordance with the regulations.

    IV. 2.

    The user agrees that, after connecting the BRIQ system to the contractor network it will:

    • not modify the artist's device or configuration and device code in any way,
    • treat the equipment owned by the contractor as a good master,
    • not send signals to the contractor's network that may interfere with BRIQ's operation,
    • allow access to its real estate and, subject to the contractor's commitment to return to its previous state,
    • permit the implementation of any intervention necessary for the contractor to maintain and update the BRIQ system,
    • not unnecessarily physically switch off the BRIQ device itself, thereby diminishing the usefulness of the BRIQ service, since the contractor can only guarantee the user the most favourable conditions of electricity supply by the smooth operation of the BRIQ device.
    • The user acknowledges that he is aware of the fact that service disruption may occur due to the use of various wireless devices in the user's facility (telephones, heat, water, etc.) or such devices in the vicinity of the user's facility, for which the contractor does not he replies.

    IV. 3.

    Should a BRIQ user, who has taken over the use of BRIQ under this contract and is owned by the contractor, damage, destroy or unduly dispose of it, he undertakes to reimburse the contractor for the full value of such equipment and the cost of dismantling the BRIQ system. The cost of the BRIQ device is € 60.00 (incl. VAT). The cost of dismantling in case of damage, destruction or unjustified disposal by the user is € 40.00 (VAT included).

    IV. 4.

    When the user is disconnected from the BRIQ service, the user is obliged to pay all outstanding obligations to the contractor.

    IV. 5.

    The user is materially responsible for providing false and incomplete personal information. The user undertakes to notify the contractor in writing immediately, but no later than eight (8) days after the change, any change of residence and change of other data and conditions. If the user does not report the change, the service provider may terminate the service.

  5. MAINTENANCE WORKS ON THE BRIQ CONTRACTOR SYSTEM

    V. 1.

    For the provision of services under this contract, the contractor undertakes to maintain the BRIQ system regularly. Maintenance work includes, in particular, ensuring the optimal functioning of the BRIQ, and replacing the BRIQ if necessary.

    V. 2.

    In the case of performing work on the premises of the user, the contractor will perform the operations by prior agreement with the user and after completion of the work will restore the original state. The user will allow the installation of the BRIQ on his device (boiler/heat pump).

  6. TECHNICAL REQUIREMENTS

    VI. 1.

    The contractor shall ensure the quality of BRIQ in accordance with EN standards for electronic devices in force in the Republic of Slovenia and the general operating conditions of the devices (boilers/heat pumps) controlled by them. It is the responsibility of the user to ensure that each device controlled by BRIQ complies with the stated standards and Slovenian regulations. It is the user's responsibility to properly protect and protect their devices against surge effects (lightning strikes). The contractor shall not be liable for damage caused, the possible failure of the service or any costs incurred by the user due to lightning strikes or external unforeseen influences.

    VI. 2.

    The contractor may refuse to connect a user whose installation or equipment does not comply. The contractor may terminate the provision of services under this contract and withdraw from the contract if the user does not adapt his device to the technical requirements.

  7. CONDITIONS FOR PROVIDING SERVICES

    VII. 1.

    The contractor will allow the user to use BRIQ services that are technically feasible at the location of the user's connector.

    VII. 2.

    The contractor shall ensure that the fault reporting service operates in accordance with the regulations. In case of planned interruption of services due to the maintenance of the network and associated facilities, the contractor will notify the user in advance. The contractor is not responsible for interruptions and errors resulting from force majeure or events not under its influence. The Error Reporting Service is open from 8 am to 5 pm all day of the week.

    VII. 3.

    Contractor:

    • reserves the right to occasionally interrupt the provision of services under this contract to perform maintenance work,
    • assumes no liability for damages related to the operation of BRIQ Services.

    VII. 4.

    The contractor shall not be liable to the users for the consequences of the poor quality of BRIQ services if there are interruptions or reduction of availability of services due to errors or defects in the services resulting from natural or other disaster or other circumstances or actions of third parties which the contractor was unable to prevent or avoid them. In no case shall the contractor be liable for any indirect damage or lost profits.

  8. COLLECTION AND PROTECTION OF PERSONAL DATA

    VIII. 1.

    The contractor will collect, process and use the user's data in accordance with the regulations governing the protection of personal data and will only use it for entering into, executing, changing and terminating the contractual relationship, billing for services and for the needs of the contractor to analyse the services provided. The contractor will use this information to mediate the contract with the selected electricity supplier and user. The user will give their consent for the collection of personal data as set out in Annex 1 (consent of the individual for the collection of personal data) of these General Terms and Conditions.

    VIII. 2.

    The personal information obtained is protected as a contractor’s trade secret and is used only for the smooth performance of the contractual relationship, the submission of the contractor’s reports, for market analyses aimed at improving the contractor’s services, and for informing of new developments in the contractor’s offer and the selected electricity provider. The contractor collects user data in accordance with the Personal Data Protection Act and these General Terms and Conditions. In doing so, it collects data as described in point II. With the prior consent of the user, the contractor may also collect other information about the user for the internal needs of analysing the data regarding the service offer in individual cases.

    VIII. 3.

    The contractor will use the user's e-mail address to inform users of any anticipated maintenance work and to inform about the latest developments in the contractor's service offer and the BRIQ performance report. Within each of the notifications, the user will be able to cancel further contractor notifications to their email address.

    VIII. 4.

    Upon acceptance of the General Conditions and the addition of the Terms and Conditions of Personal Data Protection to these General Terms, the user agrees that in the event of their non-compliance with the obligations, their data may be made available to a third party for the purpose of debt collection.

  9. DISCLAIMER AND WITHDRAWAL OF THE CONTRACT

    The contractor may, at any time, amend these Terms and Conditions in accordance with the applicable regulations. It shall notify its users of changes to the terms and/or special conditions at least 30 days before the changes are made, by posting on www.briqapp.com. From the publication of the Notice of Changes until their entry into force, users have the right to withdraw immediately from the use of the Service if they do not agree with the proposed changes and allow BRIQ to be dismantled free of charge.

    PRILOGA 1 - POGOJI VAROVANJA OSEBNIH PODATKOV

    These General Terms and Conditions are published on 21.3.2020 and enter into force on 3/21/2020 and remain in force until modified or cancelled.