General Terms and Conditions of Aplus Energy GmbH

Version: 16.08.2021

Only the German version of these Plan Terms shall apply.
The English version is only a convenience translation.

1. What company is Ostrom?
Ostrom is a brand of Aplus Energy GmbH. Aplus Energy GmbH is your contractual partner and is also referred to below as "supplier" (Lieferant) or with the words "us" or "we". 

2. Who supplies the electricity at Ostrom?
The electricity of Aplus Energy GmbH is provided by SüdWestStrom. We may also use third parties to fulfill our contractual obligations. 

3. Who can conclude a contract with Ostrom?
A contract with Aplus Energy GmbH can only be concluded by private individuals who use the electricity for their own needs and whose household has an annual consumption of less than 100,000 kWh. Please note that we do not offer any heating electricity tariffs. 

We may refuse to conclude a contract.

4. How can a contract be concluded with Ostrom?
An order to supply electricity to Aplus Energy GmbH can be sent online via the Ostrom website (www.ostrom.de). Alternatively, the order can also be made via the mobile application provided by Ostrom or via our sales partners. A contract is only concluded when the order is confirmed by us, at the latest, however, when the delivery of electricity begins.

You are bound to your order for two weeks according to § 147para. 2 BGB.

5.  Does Ostrom check the creditworthiness?
We can check the creditworthiness of a new customer. Forthis purpose we use an external service provider and comply with the current data protection law. The details can be found in the data privacy statement. 

6. What is the communication with Ostrom like?
As a digital electricity provider, communication with us takes place exclusively by e-mail. Upon conclusion of the contract, you areobliged to inform us immediately of any changes to your e-mail address. We can always offer you other communication channels in addition to e-mail, e.g. a live chat on our website.  

7. Can I as a customer revoke my contract?
Yes, you can informally revoke your contract within fourteendays without giving any reasons. The cancellation policy and a cancellation form, which you can use for this purpose, can be found at the end of these general terms and conditions.

8. When does the delivery of electricity by Ostrom begin?
The delivery of electricity by Aplus Energy GmbH will start as soon as possible. The start of delivery depends on numerous external factors, such as the termination date of your old contract and the approval of the network operator. If you have specified a later start of the delivery period, this will be decisive. We will inform you about the exact start of delivery. If the start of delivery is not possible until more than two months after receipt of the order, both parties have the option to terminate the contract without notice in text form.  

9. May I operate my own systems as a customer?
No, you have to cover your entire electricity demand during the contract period by the electricity supplies of Aplus Energy GmbH. This does not apply to emergency generators. 

10. What quality of electricity does Ostrom supply?
You will receive electricity in low voltage. The exact type of electricity and the frequency depends on your local grid. 

11. How is the electricity supplied remunerated?
The net fee you pay consists of the basic fee, the electricity price and other agreed costs. The respective amount is agreed upon when the contract is concluded. If there is a price change later, the changed price replaces the previously agreed price. The gross price is the net price plus value added tax at the applicable rate. 

As a customer, you undertake to pay for the electricity supplied. 

12. What is the composition of the net electricity price andthe net basic fee and under what circumstances can it change? 

1. The relevant calculation factors are:
- Cost of purchase (including generation) of the electricity, including in particular the price on the whole sale electricity market.
- transport costs
- Metering point operation and distribution
- electricity tax
- network charges
- Concession fees
- Levy according to the Renewable Energies Act (Erneuerbare- Energien-Gesetz, EEG levy)
- Levy underthe Combined Heat and Power Act (Kraft-Wärme-Kopplungsgesetz, KWK levy)
- Levy inaccordance with § 19 para. 2 Strom NEV (§ 19 StromNEV levy)
- Levy according to § 17f EnWG (offshore grid levy)
- Levy pursuant to § 18 of the Ordinance on Disconnectable Loads (Levy for Disconnectable Loads)

2. We shall be entitled to change the prices by way of unilateral determination of performance at our reasonable discretion pursuant to § 315 of the German Civil Code (Bürgerlichen Gesetzbuches, BGB), which you may have reviewed in court. The reason for a price change are exclusively changes in the costs relevant for the price determination according to paragraph 1. We are entitled to pass on cost increases and are obliged to take cost reductions fully into account in the price determination. Cost increases and cost reductions shall be netted against each other. We shall determine the scope and timing of a price change in such away that cost reductions are taken into account according to the same business standards as cost increases; in particular, cost reductions shall not be passed on later than cost increases. The development of the relevant costs shall be monitored by us continuously. 

3. The price change shall only become effective after notification in text form, which must be made at least six weeks before the intended date of change. In this case, you have the right to terminate the contract without notice in text form. We will inform you of this accordingly. 

4. The above rules shall also apply if new taxes, levies or other government-induced additional charges or reductions relating to the procurement, generation, storage, network use (transmission and distribution) or consumption ofelectrical energy become effective in the future.  

5. Our prices include the costs for your metering point up to 20,00 € per year. Costs exceeding this amount will be charged to you separately.  

13. What is a new customer bonus and who gets it?
In the case of offers with a new customer bonus, we will grant you a credit if you have not been an electricity customer of Aplus Energy GmbH within the last six months, conclude an electricity contract with us and remain our customer for at least twelve months at the same meter. We will then credit the described bonus to your annual bill. Whether a new customer bonus is granted will be shown to you in the order process.  

The new customer bonus is a one-time bonus that cannot be combined with other promotions of Aplus Energy GmbH.  

The more detailed formulation can be found in the contract itself or in a corresponding separate agreement.  

14. What is a referral bonus and who gets it?
In the context of promotions, we grant you a credit if you successfully recommend us and thus an energy supply contract is concluded witha new customer. The prerequisite for this is that the new customer concludes an electricity contract with us, the supply of electricity actually begins and the referred new customer was not a customer of Aplus Energy GmbH in the last 6 months.  

The referral bonus will be credited to your current account three months after the conclusion of the supply contract with the new customer, if the contract of the new customer has not been terminated by then. The reward cannot be combined with other promotions of Aplus Energy GmbH.

The exact form of the promotion can be found in the contract itself or in a separate agreement. We reserve the right to terminate such promotions at any time or to limit the number of acquired new customers for which you can receive a new customer bonus.  

15. How is the delivered electricity read?
In compliance with the Metering Point Operation Act (Messstellenbetriebsgesetzes), the electricity supplied by us is measured onthe basis of your meter readings. This can be done by ourselves, the network operator, the metering point operator or by you as the customer. The meter reading is carried out for the purpose of billing, in the event of a change of supplier or if we have a legitimate interest in the meter reading.  

After prior notification, you are obliged to allow the representative of the network operator, the metering point operator or the supplier access to your property and to your premises, insofar as this is necessary for the reading.  

If we require you to read the meter yourself, we will announce this in good time. You can object to this in individual cases if this is not reasonable for you.  

In the event that you have not submitted a reading despite timely notice, the agent has been denied access or there is no plausible reading for other reasons, we may estimate your consumption. The basis for this estimate may be the last consumption determined by meter reading or the consumption of comparable customers.

16. How is the delivered electricity billed?
The billing of the electricity consumption takes place once a year. If there is a different agreement with you, this agreement has priority. If the contract ends within a billing period, the billing will take place immediately. 

The fee to be paid by you is calculated according to no. 11. The amount of consumed electricity determined according to no. 17 is multiplied by the electricity price. 

Aplus Energy GmbH may demand advance payments for the electricity supplied in the billing period. The amount of the advance payment is calculated pro rata for the period of the advance payment according to the consumption in the last billed period. If such a calculation is not possible, the advance payment shall be calculated according to the average consumption of comparable customers. We determine this on the basis of customer-specific characteristics, such as the number of people in the household, the size of the apartment or the presence of particularly electricity-consuming equipment. You are obliged to provide such information truthfully. If you, as the customer, make a credible case that your consumption is significantly lower, we will take this into account appropriately. In the event of a price change, the advance payments will be adjusted accordingly.

If prices change within a billing period, the consumption relevant for the changed prices will be calculated pro rata temporis. Seasonal fluctuations in consumption shall be appropriately taken into account on the basis of empirical values for comparable customers. The same shall apply in the event of changes in the rate of value added tax or other taxes and duties.  

If the advance payments made differ from the amount resulting from the billing, we will immediately reimburse you for the excess amounts paid or you, as the customer, must pay the shortfall. If you have given us a SEPA direct debit mandate, we will refund the overpaid amounts to your current account specified in the SEPA direct debit mandate or debit any shortfall from it.

17. When are my invoices and prepayments due?
Invoices and advance payments are due at the time specified by us. Objections to this only entitle you to defer or refuse payment if there is a serious possibility of an obvious error or if the consumption stated in an invoice is more than twice as high as the comparable consumption in the previous billing period for no apparent reason. In the latter case, this shall only apply as long as it has not been established by an inspection requested by you that the metering equipment is functioning properly. 

You may only set off undisputed or legally established claims against the claims to which we are entitled.

18. How can I pay Ostrom?
You can pay by SEPA direct debit mandate or by bank transfer.

19. What happens if I do not pay on time?
If the collection by SEPA direct debit mandate is not possible at the time specified by us according to the calendar or if we have not received your transfer by this time, you will be in default. We have the right to claim interest on arrears and compensation for the damage caused by the delay in accordance with the statutory regulations, in particular also costs for SEPA return debit notes.

20. When can the contract be terminated without notice?
We have the right to terminate the contract without notice for good cause. Such a reason exists in particular if you intentionally provide false information about the characteristics essential for determining the advance payment or if you fail to meet your payment obligation despite repeated reminders. In the latter case we have to announce the termination with a notice period of two weeks in advance.  

21. What happens in case of failure? What is the liability?
We are exempt from the obligation to perform if an interruption or irregularity in the power supply is the result of a disturbance in the operation of the grid, including the grid connection. To this extent, we are also exempt from liability. This does not apply if the interruption is due to unjustified measures on our part.  

In such a case, you may be entitled to claims against the network operator. Upon your request, we will inform you of the reasons for an interruption or irregularity caused by the network operator. The prerequisite for this is that the reasons are known to us or can be clarified in a reasonable manner. 

We shall also be released from our obligation to perform if we are prevented from supplying electricity due to force majeure or other circumstances, the elimination of which is not possible or cannot be expected of us economically. 

Otherwise, our liability is limited to intent and gross negligence. This shall not apply to the breach of essential contractual obligations or to damages resulting from injury to life, limb or health. 

The compensation for the violation of essential contractual obligations is also limited to the contract-typical foreseeable damage. 

22. How long does my contract last and how can I terminate it?
The contract runs for an indefinite period and can be terminated by either party at any time in text form with a notice period of two weeks. An e-mail to hallo@ostrom.de is sufficient from your side. The date on which we receive the notice of termination is decisive.   

23. What happens if I move?
If you move, you can request the continuation of your contract at the new delivery point. To do this, you must inform us of the date of the move, your new delivery address and your new meter number.  

Alternatively, you can terminate the contract. In this case, you must also inform us of your future address. If you fail to do so, you will be responsible for all resulting damages.

24. How will my personal data be processed?
All information can be found at https://ostrom.de/datenschutz/

25. Can these terms and conditions change?
We reserve the right to change these terms and conditions if there is a change in the legal or factual situation that is unforeseeable for you or us, the occurrence of which we have no influence and which shifts the equivalence ratio of performance and consideration in this contract. In particular, we are entitled to make an amendment if one or more of the clauses contained in these GTC have become invalid or threaten to become invalid as a result of a change in the law or a final court judgment and the equivalence relationship cannot be maintained by applying a statutory provision. The GTCshall only be amended to the extent that this is necessary to restore the principle of equivalence and the amendment is reasonable for you.  

If we intend to change the GTC, we will inform you in textform about the changes. This includes the date of the change at least six weeks prior to the date on which the change to the GTC is to take effect. 

The change will only become effective if you agree to it. If you have not objected to the amendment of the GTC in text form by the proposed time of the amendment, your consent shall be deemed granted.

In addition, you can terminate the contract with us as acustomer without notice in text form in the event of a change to the GTC.

26. Miscellaneous
We are entitled to transfer the rights and obligations arising from this contract to a legal successor or a third party. The transferbecomes effective only with your consent. Consent shall be deemed to have been granted if you do not object in text form within six weeks of being notified in writing of the transfer of rights and obligations. These consequences will be pointed out separately in the notification. 

The contractual relationship with you shall be governed by the law of the Federal Republic of Germany ("Bundesrepublik Deutschland").

27. What happens in the event of a change of supplier?
In the event of a change of supplier, we will fulfill our obligations to cooperate quickly and free of charge. 

28. How do I get information about maintenance services and charges?
You can get this information from your local network operator.

29. I want to complain about Ostrom or resolve a dispute - How can I do that?
You can contact us at any time by phone at +49 (0) 30235956870 or by e-mail at hallo@ostrom.de. We will gladly try to find a solution together with you. 

In the event that we do not find a mutually agreeable solution, you can apply for arbitration proceedings at the Schlichtungsstelle Energie (Energy Arbitration Board) within the meaning of § 13 BGB (German CivilCode) as a cutomer.

Aplus Energy GmbH is obliged to participate in such proceedings. Upon submission of the application to the conciliation board, the statute of limitations is suspended. The contact details of the conciliation board are:

Schlichtungsstelle Energie e.V.
Friedrichstrasse 133
10117 Berlin
Phone: 030-2757240-0
Fax: 030-2757240-69
Website: www.schlichtungsstelle-energie.de
E-mail: info@schlichtungsstelle-energie.de

This does not affect your right to take legal action.

You can obtain information about your rights at any time from the Consumer Service of the Federal Network Agency:  

Verbraucherservice der Bundesnetzagentur
Postfach 8001
53105 Bonn
Telephone: 030-22480500
E-mail: verbraucherservice-energie@bnetza.de  

In addition, the EU Commission has provided an Internet platform for you as a consumer for the out-of-court settlement of disputes (so-called " OS platform"). The OS platform can be reached at the following link: ec.europa.eu/consumers/odr

30. Where can I get more information about the applicable tariffs?
You will be able to view up-to-date information during 2021 via the Ostrom App. This will be available in the Apple App Store and Android Play Store. You will also receive important information by e-mail. If you have any questions, you can reach us by phone at +49 (0) 30 235956870. 

31. General information in accordance with the EnergyServices Act (Energiedienstleistungsgesetz)
In connection with more efficient energy use by endcustomers, the Federal Energy Efficiency Agency maintains a list of energy service providers, providers of energy audits and providers of energy efficiency measures. Further information on the Provider list and the providers themselves can be found at www.bfee-online.de. You can also obtain comprehensive information on energy efficiency from the German Energy Agency. Further information is available at www.energieeffizienz-online.info.   

Cancellation policy

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.  

The revocation period is fourteen days from the day of the conclusion of the contract.

To use your right of withdrawal, you must inform us, Aplus Energy GmbH, Zinnowitzer Straße 3, 10115 Berlin, phone: +49 (0) 30 235956870, e-mail: hallo@ostrom.de, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.

In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.  

Consequences of the revocation
If you revoke this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us) without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 

If you have requested that services or the delivery of electricity begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract. 

Model withdrawal form (Muster-Widerrufsformular)
(If you wish to cancel the contract, please complete and return this form).

 - To [here the name, address and, if applicable, the fax number and e-mail address of the entrepreneur is to be inserted by the entrepreneur]: 
- I/we (*) hereby revoke the contract concluded by me/us (*)for the purchase of the following goods (*)/provision of the following service(*). 
- Ordered on (*)/received on (*) 
- Name of the consumer(s) 
- Address of the consumer(s) 
- Signature of consumer(s) (only in case of paper communication) 
- Date(s) (*)

Delete where not applicable