Terms and Conditions - Ostrom Smart Meter

T&C

General Terms and Conditions of Aplus Energy GmbH for Installation and Operation of Metering Points

Only the German version of these Plan Terms shall apply. The English version is only a convenience translation.
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Version: 23.01.2024

1. Scope of Application

• These General Terms and Conditions govern the legal relationship between the competitive metering point operator, Aplus Energy GmbH, (hereinafter referred to as "Ostrom" and/or "Operator") and its customers (hereinafter referred to as "Customer") with regard to the sale, installation, operation and use of intelligent metering systems, so-called "smart meters".
• A smart meter, also referred to as an intelligent metering system in accordance with Section 2 (7) MsbG, is a modern metering device for recording electrical energy that is integrated into a communication network via a smart meter gateway. This reflects the actual energy consumption and the actual time of use and, via the smart meter gateway administrator in conjunction with the information technology systems of other authorised parties under Section 49 (2) MsbG, takes account of the special requirements under Sections 21 and 22 MsbG in conjunction with Section 31 (1) MsbG.
• If the customer is not the owner of the metering point, he is obliged to ensure that the owner has given his consent to the implementation of the measures required under this contract (in particular installation, laying of cables, drilling, etc.).
• These General Terms and Conditions apply to each individual measuring point commissioned. 
• The offer is only directed at customers who have concluded a contract for the supply of electricity with Ostrom.  
• Metering point operation is taken over either by brokering a contract with the responsible metering point operator in accordance with Section 5 or by Ostrom as a competitive metering point operator. It is at the reasonable discretion of Ostrom which of these options is chosen. The mediation of a contract with the respective responsible metering point operator shall be the preferred option. 

2. Subject Matter of the Contract

• The operator sells the smart meter to the customer. The operator shall provide the services for this smart meter in accordance with Section 3 (2) MsbG; this includes the installation, operation and maintenance of the metering point and its metering equipment and metering systems, the guarantee of measurement of energy withdrawn, consumed and/or fed into the grid in compliance with measurement and calibration law, the processing of measured values, the technical operation of the metering point including data transmission in due form and time and the fulfilment of other requirements arising from the law or legal ordinances or from specifications of the Federal Network Agency.
• Ostrom is authorised to have the services owed by it provided in whole or in part by third parties as vicarious agents.

3. Conditions of Contract

• The prerequisites for the operator to take over metering point operation are the fulfilment of the following requirements
  3.1.1 Technical requirements of the measuring point
  a) the existence of a corresponding meter location that complies with the technical connection regulations (TAB) of the grid operator,
  b) the possibility of carrying out the measures required as part of the change of metering point operator (e.g. laying cables, drilling holes to install the meter),
  c) sufficient space for the installation of measuring, control and communication equipment as well as sufficient power connections,
  d) the existence of at least one GSM data service GPRS/3G/4G in the telecommunications networks D1, D2 or Telefónica (mobile telephony).
  3.1.2 Contractual requirements:
  a) confirmation from the responsible grid operator that the operator has taken over metering point operation,
  b) Conclusion of a valid metering point frame and metering frame contract with the responsible distribution system operator.
  3.1.3 Technical and contractual exclusion clauses:
  a) the presence of generation systems over 25 kWp,
  b) Controllable consumption equipment,
  c) RLM system,
  d) Top-hat rail mounting,
  e) iMsys or mME already installed on site (no iMsys to iMsys or mME to mME order possible. mME upgrade to iMsys possible. iMsys downgrade to mME not possible),
  f) Network area not supported,
  g) Third-party metering point operator (current meter is owned by a wMSB),
  h) Meter is currently blocked,
  i) System is currently blocked,
  j) Meter has already been removed,
  k) Meter is in the sampling process (test sample of the first draw, reserve device of the first draw),
  l) New solar systems.
• If the conditions specified in Section 3.1 are not met, the operator is not obliged to carry out metering point operation. In this case, the customer shall be informed of this in text form and the operator shall have an extraordinary right of cancellation. If, contrary to the information provided by the customer, the technical requirements pursuant to Section 3.1.1 are not met, the operator shall also be entitled to demand that the customer pay the costs incurred (e.g. on-site inspection).

4. Conclusion of Contract

1. An order for commercial metering point operation by Ostrom can be sent online via the Ostrom website (www.ostrom.de). As soon as Ostrom has received the Customer's order, the Customer will receive an email from Ostrom confirming receipt of the order ("confirmation of receipt"). If Ostrom receives confirmation that all requirements in accordance with Section 3.1.1 have been met, the Customer will receive a further email in which Ostrom confirms the order to the Customer and informs the Customer of the expected start date for the metering point operation ("order confirmation"). A contractual relationship shall come into effect upon receipt of the order confirmation by the customer.
2. Ostrom may check the creditworthiness of a customer. Ostrom may use external service providers for this purpose and shall comply with the applicable data protection law.
3. If the customer is a consumer, they can cancel the contract within fourteen days of concluding the contract without giving reasons. The cancellation policy and a cancellation form are contained in Section 17.

5.  Arranging a Contract with the Basic Metering Point Operator

1. As an alternative to concluding a contract, Ostrom is authorised to broker a contract for metering point operation with the responsible metering point operator. By placing an order, the customer consents to this mediation. The metering point operator responsible for the customer is generally the local grid operator.
2. For the contract with the responsible basic metering point operator, the framework agreement published by the latter on the Internet in accordance with Section 9 (4) MsbG for metering point operation and the respective published price sheet of the basic metering point operator shall apply. The prices pursuant to Section 10 shall then apply as the upper price limit in favor of the customer: (a) If the customer receives an invoice from the metering point operator with basic responsibility at a higher price than described in Section 10, the customer shall receive a credit note from Ostrom for the difference between the price offered and the price charged by the metering point operator with basic responsibility upon presentation of the invoice and confirmation of payment. (b) If the metering point operator with basic responsibility settles the prices directly with Ostrom, the more favorable price shall apply for the customer: either that of the metering point operator with basic responsibility or in accordance with Section 10. (c) If the customer receives an invoice from the metering point operator with basic responsibility at a lower price than described in Section 10, the price of the metering point operator with basic responsibility shall apply.
3. Ostrom is obliged to inform the customer immediately of the conclusion of the contract with the metering point operator with basic responsibility. The metering point operator responsible for the basic metering point shall contact the customer directly for further customer communication (in particular to arrange an appointment for installation).

6. Takeover of the Metering Point Operation

• The actual start of metering point operation depends on the successful completion of all necessary processes within the framework of legally regulated market communication between the parties involved (grid operator, supplier, metering point operator, gateway administrator) and the installation in accordance with Section 5.4.
• In the interests of the customer, the operator is authorised to conclude the contracts with network operators and suppliers required for the implementation of metering point operation. The customer also authorises the operator and any third parties commissioned by the operator to declare the change request required for the change of metering point operator to the responsible network operator on its behalf and to terminate any existing metering point operation contracts.
• The Operator shall determine the type, number, type and size of metering, control and communication equipment. If equipment from the previous metering point operator is available and is to be taken over for the metering point operation commissioned from the operator, the takeover of this equipment is also part of the service if it is technically and actually feasible.
• The installation date shall be announced to the customer with a notice period of at least 2 weeks. If the customer cannot be reached on the announced date and the installation is therefore not possible, the customer must reimburse the operator for the resulting expenses, in particular for travelling. The same applies if it becomes apparent on site that the measuring station is not technically suitable. The same applies to other necessary appointments with the customer within the scope of contract fulfilment, see Section 9.1. The operator is entitled to change appointments by notifying the customer at least 24 hours in advance. 
• During the installation of the smart meter, the power supply to the customer's metering point may be briefly interrupted. The operator is not liable for any damage that may occur in this case, unless the operator is responsible for the damage due to wilful intent or gross negligence.
• The Operator's area of responsibility within the scope of the installation services to be provided extends only as far as the metering equipment and relates exclusively to the replacement of this metering equipment. It is not the responsibility of the Operator to examine the customer system in its entirety for any weak points, to check it or to carry out ancillary work outside the industry.
• In the event of defects in the Smart Meter, the customer is entitled to a warranty in accordance with the statutory provisions.

7. Operation of the Smart Meter, Faults and Interruptions to Metering Point Operation

• The operator guarantees that the Smart Meter complies with the legal requirements and functions properly.
• The customer shall inform the operator immediately of any malfunctions, damage, seizure or other impairments in connection with the smart meter as well as circumstances that could lead to an interruption in metering, the transmission of metering data or the power supply to the meter. 
  In the event of loss, damage and/or malfunction of the metering equipment, the customer shall bear the resulting costs, unless the operator is responsible for the loss, damage or malfunction. The customer shall bear any costs incurred by the operator in connection with the fault clearance of communication connections (mobile telephony).
• The Operator reserves the right to adapt the scope of services to technical developments or changes in regulatory or other circumstances essential for the provision of services, insofar as this is reasonable for the Customer. Furthermore, the operator reserves the right to change services and to make changes to the technology or systems, even if this requires structural measures or changes to the system settings, provided this is reasonable for the customer. As part of his duty to co-operate, the customer is obliged to respond to the request for changes within a reasonable period set by the operator. If the customer violates this obligation to co-operate, the operator may terminate the contract without notice after a renewed request for remedy.
• The operator is authorised to temporarily restrict or discontinue the service if this is necessary for reasons of public safety, data protection, to combat spam and/or computer viruses/worms or to carry out operational or technically necessary work.
• The operator is obliged to comply with an interruption of the energy supply ordered by the grid operator and to initiate all necessary measures on the smart meter. The operator is authorised to charge the customer a reasonable flat-rate fee for the expenses incurred for this.
• The customer must tolerate any interruptions to operation necessary for the maintenance of the Smart Meter.
• The provision of services may be temporarily restricted as part of a radio-based connection of the Smart Meter due to technical changes to the radio equipment and other measures. Furthermore, atmospheric conditions and topographical features and obstacles can lead to disruptions in the transmission speed and thus to a temporary restriction of the scope of services. The operator shall make every reasonable effort to eliminate such temporary performance restrictions or disruptions or to work towards their elimination. The operator is not responsible for network operator failures.
• In the event that the metering data cannot be read out due to circumstances for which the Operator is not responsible (e.g. power failure, power cut, destruction of the devices), the Operator shall be entitled to charge for the additional expenses incurred as a result. In addition, the operator is entitled to charge the customer for the expenses required for recommissioning (e.g. fault rectification, manual reading, additional travelling). 
• The Operator is entitled to read the metering equipment itself or to demand that it be read by the Customer if this is done for the purpose of fulfilling the legal obligations incumbent on the Operator, in particular for business processes, billing processes, contracts or for balancing or on the basis of a legitimate interest of a third party (e.g. energy supplier), in particular in the event of faults. The customer may object to self-reading in individual cases if this is unreasonable. 

8. Measurement Data

• The customer grants the operator the right to record and analyse the measurement data of the smart meter and to use it for billing purposes.
• The Operator shall treat the metering data collected, transmitted or made accessible in connection with the execution of this contract confidentially in compliance with the statutory and data protection provisions. It is authorised to pass on consumption, billing and contract data, in particular for the recording, balancing and billing of electricity deliveries and grid usage, to third parties to the extent that this is necessary for the proper technical and commercial processing of the respective obligations. These regulations do not exclude disclosure to authorities and courts within the framework of legal requirements.
• The inspection of metering equipment and the procedure in the event of measurement errors shall be carried out in accordance with § 71 MsbG and in compliance with the generally recognised rules of technology.

9. Obligations of the Customer