T&C

General Terms and Conditions of Aplus Energy GmbH

Version: 31.03.2021

What company is behind the Ostrom brand?
Ostrom is a brand of Aplus Energy GmbH. Aplus Energy GmbH is your contractor and is hereinafter also referred to as the "supplier".

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

Who can sign a contract with Ostrom?
A contract with Aplus Energy GmbH can only be closed by private persons 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 supply backup power systems, electric storage heaters and heat pumps.

How can a contract be concluded with Ostrom?
An order for electricity delivery to Aplus Energy GmbH can currently be sent online via the Ostrom website (www.ostrom.de) or other contractual partners. A contract is only concluded when the order is confirmed by Aplus Energy GmbH, but at the latest when the delivery of electricity begins.

During the supplier change process, you remain bound to the offer as a consumer. The accepted termination date of your previous supplier is taken into account, as well as the confirmed date for grid usage by the local grid provider. In the event that the period between the offer request and the final triggering of the order by you as a consumer is longer than 2 weeks, Aplus Energy GmbH may change the offer. In this case, you must accept the offer again.

After conclusion of the contract, you will receive a confirmation in text form by e-mail. Here you will receive all relevant information for the contract. If relevant information is missing, you are obligated to inform us of this in a timely manner.

Does Ostrom do a credit check?
The supplier can check the creditworthiness of a new customer. For this purpose, the supplier uses an external service provider and must comply with current data protection law.

How does the communication with Ostrom work?
As a digital electricity provider, communication with us takes place exclusively by e-mail. Upon conclusion of the contract, you agree to inform us immediately of any changes regarding your e-mail address.

As a customer, can I revoke my contract?
Yes, you can cancel your contract within fourteen days without giving any reason. The cancellation policy and the cancellation form can be found at the end.

When does the delivery of electricity by Ostrom start?
Electricity will be delivered by Aplus Energy GmbH 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 grid operator. If you have specified a later delivery start date, we will of course take this into account. You will be informed about the exact start of delivery by e-mail. If the start of delivery is only possible more than 2 months after receipt of order, both you as a customer and Aplus Energy GmbH have the option to terminate the contract without notice. This must be done in text form to hallo@ostrom.de.

As a customer, am I allowed to operate my own power generation plants?
No, you have to cover your entire electricity demand during the contract period by the supply of Aplus Energy GmbH. This does not apply to emergency generators.

What power quality does Ostrom provide?
You will receive low-voltage electricity, with the exact type and frequency depending on your local grid.

How is the electricity supply compensated?
The electricity price consists of the base fee, the grid fees and the consumption price. The respective amount is agreed upon when the contract is concluded. If a price change occurs later, the changed price replaces the previously agreed price.

As a customer, you agree to pay for the electricity supplied and purchased.

What is the breakdown of the electricity price and under what circumstances can it change?

1. The electricity price includes the following costs:
- Value-added tax
- Electricity tax
- The grid fee to be paid to the grid operator
- Possible costs for metering point service
- Concession fees
- Levy according to the Renewable Energies Act (EEG-Umlage)
- The surcharge levied by the grid operator in accordance with the Combined Heat and Power Act (KWK-Umlage)
- Levy in accordance with Section 19 (2) Strom NEV (Section 19 StromNEV-Umlage)
- Levy according to Section 17f EnWG (Offshore-Netzumlage)
- Levy in accordance with Section 18 of the Ordinance on Disconnectable Loads (Umlage für abschaltbare Lasten)
- Procurement and distribution costs including billing costs

2. Price changes by the supplier are made by way of unilateral determination of performance in the exercise of equitable discretion in accordance with Section 315 of the German Civil Code (BGB). As a customer, you can have this reviewed by the civil courts in accordance with Section 315 (3) BGB. In the unilateral determination of performance by the supplier, only changes in costs that are relevant for the price determination are to be taken into account. The supplier is entitled to change the price in the event of cost increases and obliged to do so in the event of cost decreases. When determining the price, the supplier shall be obliged to take into account cost increases only if they are offset by cost reductions and to balance cost increases and cost reductions.

3. The supplier shall carry out a review of the cost development at least every 12 months. The supplier shall determine the scope and timing of a price change in such a way that cost reductions are taken into account according to the same business standards as cost increases. In particular, the supplier may not pass on cost reductions later than cost increases.

4. Changes in prices shall only become effective after notification in text form with e-mail notification, which must be made at least six weeks before the intended change.

5. If the supplier changes the prices, the customer has the right to terminate the contract without notice. The supplier shall expressly point this out to the customer in the notification in text form with e-mail notification of the impending change. The notice of termination must be in text form. The supplier shall confirm the termination immediately upon receipt in text form with e-mail notification. The right to ordinary termination remains unaffected.

6. Contrary to paragraphs 2-5, changes in the value added tax according to the Value Added Tax Act shall be passed on to the customer without notice and without the customer's right to terminate the contract without notice.

7. Paragraphs 2-5 shall also apply insofar as new taxes, levies or other government-induced additional charges or relief relating to the procurement, generation, storage, network use (transmission and distribution) or consumption of electrical energy become effective in the future.

What is a referral bonus and who gets it?
In the case of offers with a referral bonus, Aplus Energy GmbH grants you a credit if you successfully recommend Ostrom to a friend and an energy supply contract is concluded with a new customer. The requirement is that your friend concludes an electricity contract via Ostrom.de, is actually supplied and has not been a customer of Aplus Energy GmbH in the last 6 months.

The referral bonus will be credited to your customer account after the conclusion of the supply contract with your friend. The reward cannot be combined with other Aplus Energy GmbH promotions.

How is the delivered electricity measured?
In compliance with the Metering Point Operation Act, the electricity supplied by Aplus Energy GmbH is measured on the basis of your meter readings.

The reading of the electricity meter can be carried out by the supplier itself or by you as the customer. The reading is carried out for the purpose of billing, in case of a change of supplier or in case of a legitimate interest of Aplus Energy GmbH to check the reading. In order to determine the quantity of electricity supplied, the supplier may use the meter readings transmitted by the local network operator, the metering point operator or the meter readings transmitted by third parties.

If Aplus Energy GmbH requires you to read the meter yourself, we will announce this in sufficient advance. If you cannot reasonably be expected to read the meter yourself, you can object to the request. In the event that you have not submitted a reading despite timely notice or no plausible reading is available for other reasons, Aplus Energy GmbH may estimate your consumption. The basis for this estimate can be the last meter reading or, in the case of new customers, the consumption of comparable customers.

At any time you can request Aplus Energy GmbH to have the metering equipment at your tapping point checked by a calibration authority or a state-recognized test center as defined in Section 40 (3) MessEG of the German Measurement Act (MessEG). If the legal measuring error limits have not been exceeded, you will be invoiced for the costs of the inspection.

If a check of the measuring equipment shows that the measuring error limits have been exceeded or if errors are found in the calculation of the invoice amount, the overpayment must be repaid by Aplus Energy GmbH or the shortfall must be paid by you as the customer. If the size of the error cannot be determined properly or if a measuring device does not indicate it, Aplus Energy GmbH will determine your consumption for the period since the last error-free reading from the average consumption of the reading period preceding it and the reading period following the determination of the error or on the basis of the previous year's consumption by estimation. In doing so, the actual circumstances shall be taken into account appropriately. In the event of calculation errors due to improper functioning of a measuring device, the corrected consumption determined by the metering point operator and notified to the customer shall form the basis of the subsequent calculation.

Claims under are limited to the meter reading period preceding the discovery of the error, unless the effect of the error can be determined over a longer period of time. In this case, the claim is limited to a maximum of three years.

How is the supplied electricity billed?
Generally, electricity consumption is billed once a year. Exceptions are interim invoices or early final invoices. The basis for the invoice is the determined meter reading or, in the exceptional cases described, the estimate of the electricity consumption.

Aplus Energy GmbH may charge down payments for the electricity supplied in the billing period. The amount of the down payments is calculated proportionately for the period of the down payment according to the consumption in the last billed period. If such a calculation is not possible, the amount of the down payment shall be based on the average consumption of comparable customers. If you, as the customer, can credibly demonstrate that your consumption is considerably lower, the supplier will take this into account appropriately. As a customer, you agree to the electronic transmission of the invoice by the supplier.

If the supply relationship ends, Aplus Energy GmbH will immediately reimburse you for any overpayments.

If prices change within a billing period, the consumption relevant for the new prices shall be calculated on a time proportion basis. 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 and revenue-based levy rates. The progress payments may also be adjusted in such cases.

If the progress payments deviate from the billing of the actual supply, Aplus Energy GmbH will immediately refund the overpaid amounts or the shortfall must be paid by you as the customer. If you have given Aplus Energy GmbH a SEPA direct debit mandate, we will refund the overpaid amounts to your bank account or debit any shortfall amounts from it.

When are my bills and deposits due?
Invoices and deposits are due on the date specified by Aplus Energy GmbH. If you object to invoices and budget billing, this entitles you to Aplus Energy GmbH only to defer payment or to refuse payment in the following two cases:
1. There is a serious possibility of an obvious error
or
2. The consumption stated in a bill is more than twice as high as the comparable consumption in the previous billing period for no apparent reason.

You may only offset undisputed or legally established counterclaims against the claims of Aplus Energy GmbH.

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

What happens if I do not pay on time?
If the timely collection via SEPA direct debit mandate is not possible or your transfer does not reach the supplier on time, Aplus Energy GmbH can request payment again or have the amount collected by an agent. In this case, the supplier can charge you for the costs incurred for structurally comparable cases. If you request this, we will provide the calculation basis. The lump sum calculation must be easy to understand and the lump sum must not exceed the costs to be expected in the ordinary course of things. You can also prove that such costs were not incurred or were significantly lower than the calculation.

Should there be a repeated delay in payment despite having received a warning letter, this constitutes a material breach of contract and entitles Aplus Energy GmbH to terminate the contract for cause.

Can the contract be terminated by Ostrom without notice?
If you culpably use energy to a not insignificant extent by circumventing, influencing or before the metering devices are installed ("energy theft") and the interruption is necessary to prevent further unauthorized energy withdrawal, then Aplus Energy GmbH is entitled to immediately stop the supply and have the connection use interrupted by the responsible network operator.

If there is still a delay in payment despite a repeated reminder letter, Aplus Energy GmbH is also entitled to stop the delivery and to have the connection usage interrupted by the responsible network operator. In this case, you will be notified of the extraordinary termination at least two weeks in advance. The amount of the default of payment includes reminder and collection costs. The amount does not include claims that have not been titled, which you have conclusively objected to, which are not yet due, or which result from a disputed and not yet legally decided price increase by Aplus Energy GmbH. If the consequences of the interruption are disproportionate to the severity of the payment default or if you can credibly demonstrate a positive prospect of full payment, the interruption will not take place.

You will be notified of an interruption at least four weeks in advance. The commissioning of the network operator with the interruption of the connection usage will be announced to you three working days in advance, stating the time of the commissioning. Aplus Energy GmbH will instruct the network operator to interrupt the connection usage at the time specified in the announcement, for which the network operator has a further six working days in accordance with the requirements of the network usage contract for electricity specified by the Federal Network Agency. You are obligated to immediately inform Aplus Energy GmbH of any special features that are compellingly opposed to an interruption.

If the reasons for the interruption no longer apply and the costs of the interruption and restoration have been paid, the supply will be restored immediately. In order to shorten the time of interruption, you can also pay the costs of interruption and restoration immediately by bank transfer if you have given a direct debit authorization. The costs of interruption and restoration of supply are to be reimbursed by you according to actual expenditure.

The contract can be terminated for cause without notice and the supply can be discontinued. Aplus Energy GmbH must immediately deregister you with the responsible distribution network operator. If, in the event of extraordinary termination by Aplus Energy GmbH, your withdrawals are allocated to Aplus Energy GmbH for accounting purposes beyond the date of termination of the contract (e.g. due to processing deadlines of the network operator, process deadlines of the GPKE from the specifications of the BNetzA on supplier change processes) without Aplus Energy GmbH receiving compensation for this (e.g. as part of the excess or shortfall quantity billing of the network operator), you owe the fee for this continued supply in accordance with this contract. An important reason exists in particular in the case of an energy theft according to paragraph 1 or in the case of a delay in payment under the conditions of paragraph 2.

In the second case, Aplus Energy GmbH must give you at least two weeks' notice of termination. The termination will not take place if the consequences of the interruption are disproportionate to the severity of the delay in payment or if you can credibly present a positive prospect of full payment.

What happens in the event of a disturbance?
If an interruption or irregularity in the power supply occurs due to a disturbance of the grid operation including the grid connection, you as a customer may be entitled to claims against your responsible grid operator in accordance with the statutory provisions. Aplus Energy GmbH is exempt from the obligation to perform if an interruption or irregularity in the power supply is the result of a disturbance of the network operation including the network connection.

Upon your request, Aplus Energy GmbH 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 Aplus Energy GmbH or can be clarified in a reasonable manner.

In all other cases of liability, your liability and the liability of Aplus Energy GmbH and the respective vicarious agents and assistants for culpably caused damage is excluded, unless the damage was caused by intent or gross negligence; this does not apply in the case of damage resulting from injury to life, limb or health, or the culpable breach of essential contractual obligations, i.e. obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligations).

In the event of a breach of material contractual obligations which is not due to intent or gross negligence, liability shall be limited to the damage which the liable party foresaw as a possible consequence of the breach of contract when concluding the contract or should have foreseen taking into account the circumstances which it knew or should have known.

The provisions of the Product Liability Act shall remain unaffected.

When is Ostrom released from the obligation to deliver?
In addition to the described case of a disruption, Aplus Energy GmbH is also released from the obligation to supply in the following cases:
1. as far and as long as the grid connection and the connection use has been interrupted by the grid operator according to Section 17 or Section 24 (1, 2 and 5) of the Low Voltage Connection Ordinance
or
2. insofar and as long as Aplus Energy GmbH is prevented from obtaining or supplying electricity or gas in accordance with the contract. The reasons for an impediment can be force majeure or other circumstances, the removal of which is not possible or economically unreasonable for Aplus Energy GmbH.

How long does my contract remain in force and how can I terminate it?
The contract runs for an indefinite period and can be terminated by you or Aplus Energy GmbH at any time. If you want to cancel, you can simply choose a new supplier and sign a contract with them. A separate termination is not necessary in this case. If you want to cancel without first choosing a new supplier, you must send your cancellation in text form to hallo@ostrom.de. After your cancellation, the contractual relationship will end as soon as possible, usually within 30 days. Aplus Energy GmbH shall confirm your termination as soon as possible after receipt in text form by e-mail. Special termination rights remain unaffected.

What happens when you move?
If you move, you can instruct Aplus Energy GmbH to take over the contract to the new delivery point. If this is the case, you must inform us of the move-out date, your new delivery address, your new meter number and the move-in date. A move may result in a change of the price. Alternatively, you can cancel the contract according to the previously mentioned cancellation conditions. If this is the case, you must inform us of the move-out date and the new billing address. If you inform Aplus Energy GmbH too late or not at all, you as a customer are responsible for any damage and must compensate Aplus Energy GmbH.

How is my personal data processed?
For all information, visit https://ostrom.de/datenschutz/.

Can this T&C change?
Yes, the terms and conditions can change. The prerequisite for a change is the consent of you as a customer. In the following cases, an amended T&C will be offered by Aplus Energy GmbH:

1. in the case that a not insignificant disturbance of the balance of the contractual relationship existing at the conclusion of the contract must be eliminated due to unforeseeable changes, which Aplus Energy GmbH does not cause and on which Aplus Energy GmbH also has no influence.
2. in the event that, after the conclusion of the contract, a gap that has arisen in the contract and/or these T&C causes not inconsiderable difficulties in the execution of the contract, which can only be eliminated by an adjustment or supplement. This may be the case in particular if an agreed clause is declared invalid by case law.

Should Aplus Energy GmbH wish to amend these T&C, the amended T&C will be offered to you as a customer in text form by e-mail at least 6 weeks before the date on which the new T&C are to take effect.

If you have not objected to the offer of the amended T&C in text form by the proposed date of the amendment, the new T&C shall be deemed effective. The time for timely objection is the time of dispatch. In addition, you as a customer can terminate the contract with Aplus Energy GmbH without observing a period of notice in the event of an amendment to the T&C.
If you do not agree or object to the offered amended T&C, there will be no change. In this case, Aplus Energy GmbH reserves the right to terminate the contract.

What happens when I change suppliers?
By placing your order, you grant Aplus Energy GmbH power of attorney for all processes that are necessary for a change of electricity supplier. Aplus Energy GmbH will carry out a possible change of supplier quickly and free of charge in compliance with the legal regulations and the contractually agreed deadlines.

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

I want to complain or resolve a dispute about Ostrom - How can I do that?
You can contact us at any time by phone at +49 (0) 30 235956870 or by e-mail at hallo@ostrom.de. Gladly we try to find a solution together with you.

In the event that we do not find a solution together, you can as a consumer within the meaning of Section 13 BGB apply for arbitration at the arbitration board energy. 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
Telephone: 030-2757240-0
Fax: 030-2757240-69
Website: www.schlichtungsstelle-energie.de
Email: info@schlichtungsstelle-energie.de

This does not affect your right to appeal to the courts.

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
Email: verbraucherservice-energie@bnetza.de

In addition, the EU Commission has provided an Internet platform for online dispute resolution (so-called "ODR platform") for you as a consumer. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The ODR platform can be accessed via the following link: ec.europa.eu/consumers/odr.

Where can I get more information about the applicable tariffs?
You will be able to view up-to-date information in the course of 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.

General information according to the Energy Services Act
In connection with more efficient energy use by end customers, a list is maintained at the Federal Office for Energy Efficiency in which energy service providers, providers of energy audits and providers of energy efficiency measures are listed. You can get more information about the so-called provider list and the providers themselves at www.bfee-online.de. You can also get comprehensive information about energy efficiency from the German Energy Agency. For more information, go to www.energieeffizienz-online.info.

Severability clause and further
Should individual provisions of the supply contract between you and Aplus Energy GmbH, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

Deviating agreements must be made in writing.

These terms and conditions are final. Verbal collateral agreements do not exist.

The place of jurisdiction is the respective place of the customer's power consumption.

Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must send us, Aplus Energy GmbH, by e-mail to hallo@ostrom.de a short message clearly stating that you wish to withdraw from your contract. You can use the sample cancellation form below, which is not mandatory. To meet the cancellation deadline, it is sufficient if you send the message about your cancellation before the deadline expires. A written submission by mail is not necessary, a short e-mail is sufficient.

Consequences of revocation
If you cancel the contract, we have to refund all payments we have received from you immediately and at the latest within 14 days from the day on which we received the notification of your cancellation 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 concluded a contract in which physical products are also delivered to you, you must return these immediately to Aplus Energy GmbH.
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 up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Sample revocation form
If you want to revoke the contract, you can use the following formulation.

It is not necessary to send the form by mail. Please send the form to Aplus Energy GmbH via hallo@ostrom.de.

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the
following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate.

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