T&C

General Terms and Conditions of Aplus Energy GmbH

Version 27.03.2024

1. Conclusion and termination of contract

1.1 Scope of application
These general Terms and Conditions for the Supply of Electricity ("T&C") govern all business relationships for the supply of electricity between the respective contracting customer and Aplus Energy GmbH.

1.2. Which company is Ostrom?
Ostrom is a brand of Aplus Energy GmbH. Aplus Energy GmbH is your contractual partner and is hereinafter also referred to as "Supplier", "Ostrom" or with the words "us" or "we".

1.3. Who can conclude a contract with Ostrom?
A contract with Ostrom can be concluded by private individuals and companies who use the electricity for their own needs. Ostrom reserves the right to limit the maximum permitted annual consumption for new registrations. We may refuse to conclude a contract.

1.4. How can I conclude a contract with Ostrom?
An order for electricity supply to Ostrom can be sent online via the Ostrom website (www.ostrom.de). Alternatively, the order can also be placed via the mobile application provided by Ostrom, via comparison portals or via our sales partners. A contract is only concluded when the order is confirmed by us and we have notified you of the start of delivery, but no later than the start of delivery of electricity.

1.5. Does Ostrom carry out a credit check?
We can check the creditworthiness of a new customer. We can use external service providers for this and comply with current data protection legislation.

1.6. As a customer, can I revoke my contract?
Yes, you can cancel your contract informally up to fourteen days after conclusion of the contract without giving reasons. The revocation instructions and a revocation form that you can use for this can be found under no. 10.

1.7. How long does my contract run for and how can I cancel 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. Simply use our contact form or the cancellation function in the Ostrom app. The date on which we receive the notice of termination is decisive.

1.8. 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 deliberately make false statements about the essential characteristics for determining the advance payment, or if you fail to meet your payment obligation despite repeated reminders. In the latter case, we must give you two weeks' notice of termination.

1.9. How does communication with Ostrom work?
As a digital electricity provider, communication with us takes place exclusively via digital communication channels (e.g. Email, via the Ostrom app or the contact form). Upon conclusion of the contract, you undertake to inform us immediately of any changes of your email address.

2. Electricity supply and own plants

2.1. Who supplies the electricity at Ostrom?
The electricity supplied by Ostrom is provided by SüdWestStrom. We may also use third parties to fulfill our contractual obligations.

2.2. When does the supply of electricity by Ostrom begin?
Ostrom delivers electricity as quickly as possible. The start of delivery depends on numerous external factors, such as the date of termination of your old contract and the approval of the grid operator. If you have specified a later start date for the delivery period, this will apply. We will inform you of the exact start of delivery. If the start of delivery is only possible more than two months after receipt of the order, both parties have the option of terminating the contract in text form without notice.

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

2.4. What happens in the event of a malfunction? What is the liability?
2.4.1. We are exempt from the obligation to perform if an interruption or irregularity in the power supply is the result of a disruption to the grid operation, including the grid connection. In this respect, we are also exempt from liability. This does not apply if the interruption is due to unauthorized measures on our part.

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

2.4.3. We shall also be released from our obligation to perform if we are prevented from supplying electricity due to force majeure or other circumstances which we are unable or cannot reasonably be expected to eliminate.

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

2.4.5. In the event of slight negligence, compensation for the breach of material contractual obligations shall also be limited to the foreseeable damage typical of the contract.

2.5. As a customer, am I allowed to operate my own systems for electricity generation?
Yes, you may operate your own systems.Own systems are used for the decentralized generation of electricity.

3. Relocation and change of supplier‍

3.1. What happens during a move?
3.1.1 If you move, you can apply for the contract to be continued at the new delivery point. To do this, you must inform us of the date of your move, your new delivery address and your new meter number.

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

3.2. What happens when I change supplier?
In the event of a change of supplier, we shall comply with our obligations to cooperate promptly and free of charge.

4. Electricity remuneration and billing

4.1 How is the electricity supply remunerated?
4.1.1. The net fee to be paid by you consists of the monthly "basic fee", the consumption-dependent "energy price" per kWh and the monthly "grid fees". The respective amount is agreed when the contract is concluded. If there is a price change at a later date, the changed price replaces the previously agreed price. The gross price is calculated from the net price plus the statutory VAT at the applicable rate.

4.1.2. As a customer, you are obliged to pay for the electricity supplied.

4.2. Where can I get more information about the applicable tariffs?
You can view the latest information via the Ostrom app. The app  is available in the Apple App Store and Android Play Store. You will also receive important information by email. If you have any questions, you can reach us via the contact form.

4.3. How are the net electricity price and the net basic fee made up and under what circumstances can they change?
4.3.1. The relevant calculation factors for the components of the "labor price" are:
- Costs for the purchase (including generation) of electricity
- Marketing and sales
- Electricity tax
- Variable grid fees
- Concession fees
- Levy in accordance with the Combined Heat and Power Act (CHP levy)
- Levy in accordance with Section 19 (2) Strom NEV (Section 19 StromNEV levy)
- Levy according to § 17f. EnWG (offshore grid levy)
- Levy in accordance with Section 18 of the Ordinance on Disconnectable Loads (levy for disconnectable loads)
- Certificates of origin
- Miscellaneous

4.3.2. The relevant calculation factors for the components of the monthly basic fee are as follows:
- Marketing and sales
- Loan defaults
- Contribution margins
- Miscellaneous

4.3.3. The relevant calculation factors for the components of the monthly fee "Network charges" are:
- Grid fees
- Metering point operation (please note no. 4.3.8)

4.3.4. The components may change at any time - in particular on the basis of new statutory regulations - which are then also taken into account accordingly in the pricing.

4.3.5. Ostrom offers variable tariffs (in particular the SimplyFair tariff with its current sister tariffs SimplyFairSpeicherheizungElectricity, SimplyFairHeatpumpElectricity, SimplyFairHeatpump and SimplyFairSpeicherheizung as well as the SimplyDynamic tariff), which are based on current market prices. These tariffs are without price guarantee. We are entitled to pass on cost increases at any time at our reasonable discretion in accordance with Section 315 of the German Civil Code (BGB) and are obliged to take cost reductions into account when setting prices. Cost increases and cost reductions can be offset against each other, unless this is not possible for regulatory reasons.

4.3.6. A price change shall only become effective for you upon notification from us in text form. You must receive the notification at least one month before the intended date of change. In this case, you have the right to terminate the contract in text form without notice. We will inform you of this accordingly in the notification. Price changes can also be made before the start of the electricity supply, but at the earliest after the conclusion of the contract.

4.3.7. The above rules shall also apply if new taxes, levies or other government-imposed additional charges or relief take effect in the future that affect the procurement, generation, storage, grid usage (transmission and distribution) or consumption of electrical energy.

4.3.8. Our prices include the costs for your measuring point up to €20.00 per year. We will invoice you separately for any costs in excess of this.

4.4. How is the electricity supplied metered?
4.4.1. In compliance with the Metering Point Operation Act, the electricity supplied by us is measured using your meter readings. This can be done by us, the grid operator, the metering point operator or by you as the customer. Readings are taken for the purpose of billing, in the event of a change of supplier or if we have a legitimate interest in the reading.

4.4.2. You are obliged, after prior notification, to allow the authorized representative of the grid operator, the metering point operator or the supplier access to your property and your premises, insofar as this is necessary for meter reading.

4.4.3. If we require you to read the meter yourself, we will notify you of this in good time. You can object to this in individual cases if this is not reasonable for you. In the event of a self-reading, you can communicate the meter reading via the Ostrom app and the contact form.

4.4.4. In the event that you have not submitted a meter reading despite timely notification, the authorized representative has been denied access or no plausible meter reading is available 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, taking appropriate account of the actual circumstances.

4.5. How is the electricity supplied billed?
4.5.1. Electricity consumption is billed once a year. If there is a different agreement with you, this shall take precedence. If the contract ends within a billing period, billing will take place immediately.

4.5.2. The quantity of electricity consumed determined in accordance with No. 4.4 is multiplied by the energy price.

5. Terms of payment

5.1. When are my invoices and advance payments due?
5.1.1. Invoices and advance payments are due on the date specified by us, but no earlier than two weeks after receipt of the request for payment. Objections to this shall only entitle you to defer or refuse payment to us 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 only applies as long as a verification requested by you has not established that the metering device is functioning properly.

5.1.2. You may only offset claims to which we are entitled with undisputed or legally established claims.

5.2. Can Ostrom demand advance payments from me?
5.2.1. Ostrom may demand advance payments for the electricity supplied during the billing period. The amount of the advance payment shall be calculated pro rata for the period of the advance payment in accordance with the consumption in the last billed period. If such a calculation is not possible, the advance payment shall be based on 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 systems. You are obliged to provide such information truthfully. If you as the customer can credibly demonstrate 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.

5.2.2. If the prices change within a billing period, the consumption relevant for the changed prices shall 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 a change in the VAT rate or other taxes and duties.

5.2.3. If the advance payments made differ from the amount resulting from the invoice, we will reimburse you for the excess amounts paid immediately, at the latest within two weeks, or the shortfall must be paid by you as the customer. If you have issued us with a SEPA direct debit mandate, we will refund the overpayments to your current account specified in the SEPA direct debit mandate or debit any shortfalls from it.

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

‍5.4. What happens if I don't pay on time?
If 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 the time specified by us in accordance with Section 5.1.1, 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 provisions, in particular also costs for SEPA return debits.

6. New customer bonus and advertising program

‍6.1. What bonuses does Ostrom offer?‍
As part of our bonus program, we offer bonuses for new customers (hereinafter referred to as "new customer bonus") and existing customers who refer new customers (hereinafter referred to as "referral bonus"). Our bonus programs and rewards are voluntary and additional benefits. We reserve the right to change or terminate such promotions at any time.

6.2. What is a new customer bonus and who gets it?
6.2.1. For offers with a new customer bonus, we will grant you a credit if you have not been an Ostrom electricity customer within the last 6 months, sign an electricity contract with us and remain our customer for at least 12 months at the same meter. You will be shown in the order process whether a new customer bonus is granted.

6.2.2. The new customer bonus is a one-off bonus that cannot be combined with other Ostrom promotions.

6.2.3. The exact details are set out in the electricity supply contract concluded between you and us or in a separate agreement.

6.3. What is a referral bonus and who gets it?
6.3.1. The Customer Referral Program ("Referral Program") is a program of Ostrom through which existing customers of Ostrom can receive rewards by referring new customers to Ostrom. A referring existing customer (in each case the "Referrer") participates in the Referral Program by referring new customers to Ostrom in accordance with the conditions of participation set out herein. All Ostrom employees are excluded from participation.

6.3.2. We provide each advertiser with a personal number sequence ("referral code").

6.3.3. The referral code may not be shared on internet platforms. In such cases, we reserve the right to limit the validity of the referral code.

6.3.4. By using the procedure of this advertising program, the advertiser agrees to these conditions of participation.

6.3.5. The advertiser is free to choose the technical medium it uses to transmit the referral code. The advertiser undertakes Ostrom to obtain the consent of the respective recipient before each transmission of a referral code. In the event that recruited new customers assert claims against Ostrom due to the unsolicited sending of the referral code, the advertiser shall indemnify Ostrom against all claims in connection therewith and reimburse the costs of a reasonable legal defense. Ostrom reserves the right to assert further claims against the advertiser arising from this situation. In the event of non-compliance with this obligation, the Advertiser concerned shall be excluded from participation in the advertising program with immediate effect.

6.3.6. New customers can enter the referral code of an advertiser in a field provided for this purpose when concluding a contract with Ostrom.

6.3.7. Successful placement is deemed to have taken place if the following requirements are met cumulatively:a. The recruited new customer concludes an electricity supply contract with Ostrom, the supply of electricity actually begins and the recruited new customer becomes an Ostrom customer.b. During the application process, the new customer referred has specified the referral code of an advertiser in accordance with No. 7.3.6.c. The new customer has not been an Ostrom electricity customer in the 12 months prior to the conclusion of his/her electricity supply contract.d. The advertiser still has an active electricity supply contract with us at the time of payment.e. It is the sole responsibility of the advertiser to ensure that the new customer recruited follows the procedure described in point b when concluding the contract. If the procedure is not followed, this does not constitute a successful referral.

6.3.8. The referral bonus will be credited to you after a period of three months, beginning with the delivery of electricity to the new customer, provided that all conditions under No. 7.3.7. are met. The credit is regulated in No. 7.4. The reward cannot be combined with other Ostrom promotions. We are entitled to offset your claim to payment of the referral bonus against outstanding claims against you.

6.3.9. The exact details are set out in the electricity supply contract concluded between you and us or in a separate agreement. We reserve the right to terminate such promotions at any time or to limit the number of new customers for whom you can receive a referral bonus.

6.4. How are bonuses credited?
6.4.1. As soon as the requirements for the new customer bonus pursuant to No. 7.2 or for the referral bonus pursuant to No. 7.3 have been met, the bonuses will generally be credited to your Wallet. In exceptional cases (in particular if the use of the Wallet is not permitted due to third-party conditions), we reserve the right to credit the bonus by other means.

6.4.2. You can credit credit from the wallet to your next invoice in the Ostrom app (option 1) or convert it into an Ostrom Store voucher (with a higher value than the credit, if applicable) (option 2). The selection of one of the two options cannot be changed afterwards.

6.5. How does the prize draw work?
6.5.1. Ostrom records all successful referrals of an advertiser in the course of a month.

6.5.2. At the end of the month, all referrers who have successfully referred at least one person in that month will be entered into a prize draw.

6.5.3. The type and number of prizes awarded is at the discretion of Ostrom. There is no legal entitlement to a prize.

6.5.4. The advertisers who receive a bonus will be named on the Instagram profile "ostrom.de" and on the website www.ostrom.de if they have given their consent to this when participating in the advertising program.

7. Consumption measurement and metering system

7.1. Intelligent metering systems
7.1.1. Ostrom has the right to order an intelligent metering system (iMsys) from the responsible grid operator or basic metering point operator on behalf of the customer. Ostrom will only order an iMsys if the Customer does not incur any additional costs as a result. If the customer orders an iMsys itself via Ostrom, the dedicated Smart Meter ABG shall apply.

7.1.2. For customers with an iMsys, Ostrom has the right to change the tariff use cases (TAF) on behalf of the customer.

8. Cancellation policy

8.1. Right of revocation
8.1.1. You have the right to revoke the energy contract within fourteen days without giving any reason.

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

8.1.3. To exercise your right of revocation, you must inform us, Aplus Energy GmbH, Strassburger Strasse 55, 10405 Berlin, Email: widerruf@ostrom.de, of your decision to revoke from the contract by an unequivocal statement (e.g. a letter sent by post or email). You can use the sample revocation form attached under no. 10.3. for this purpose, but this is not mandatory.

8.1.4. To meet the revocation deadline, it is sufficient for you to send your notification of exercising your right of revocation before the revocation period has expired.

8.2. Consequences of revocation
8.2.1. If you revoke from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke from 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 any fees for this repayment.

8.2.2. If you have requested that services or the supply of electricity should commence during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.

8.3. Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back to us).

Aplus Energy GmbH
Strassburger Strasse 55
10405 Berlin
Email: widerruf@ostrom.de

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date (*)

(*) Delete as appropriate

9. Data protection, legal information and complaints office

9.1. How is my personal data processed?
You can find all the information on https://www.ostrom.de/privacy-policy.

9.2. Can these T&C change?
9.2.1. We reserve the right to amend thes T&C if a change in the legal or factual situation occurs that is unforeseeable for you or us, over 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 a change if one or more of the clauses contained in these T&C have become ineffective or threaten to become ineffective due to a change in the law or a legally binding court ruling and the equivalent relationship cannot be maintained by applying a statutory provision. The T&C shall only be amended to the extent that this is necessary to restore the principle of equivalence and the amendment is reasonable for you.

9.2.2. If we intend to amend the T&C, we will inform you in text form of the amendments, including the date of amendment, at least six weeks before the date on which the amendment to the T&C is to take effect

9.2.3. The amendment will only take effect if you agree to it. If you have not objected to the amendment to the T&C in text form by the proposed date of the amendment, your consent shall be deemed to have been given.

9.2.4. As a customer, you can also terminate the contract with us in text form without notice in the event of a change to the T&C.

9.3. Which law applies to the contract?
The contractual relationship with you is governed by the law of the Federal Republic of Germany.

9.4. Can the contract be transferred from us to third parties?
We are entitled to transfer the rights and obligations arising from this contract to a legal successor or a third party. The transfer shall only become effective with your consent. Consent shall be deemed to have been given if the transfer does not result in a reduction in the security for you and you do not object in text form within six weeks of the written notification of the transfer of rights and obligations. Separate reference will be made to these consequences in the notification.

9.5. Do the German or English version of these T&C apply?
Only the German version of these T&C applies. The English version is for information purposes and simplification only. This applies regardless of which language is selected on the website.

9.6. I would like to complain about Ostrom - How can I do this?
You can contact us at any time using our contact form. We will be happy to work with you to find a solution.

9.7. What options are there for resolving a dispute?
9.7.1. In the event that we cannot find an amicable solution, you as a consumer within the meaning of Section 13 of the German Civil Code (BGB) can apply for arbitration proceedings at the Energy Arbitration Board.

9.7.2. Ostrom is obliged to participate in such proceedings. The limitation period is suspended upon submission of the application to the arbitration board. The contact details of the arbitration board are

Schlichtungsstelle Energie eV
Friedrichstrasse 133
10117 Berlin
Phone: 030-2757240-0
Fax: 030-2757240-69
Website: www.schlichtungsstelle-energie.de
‍Email: info@schlichtungsstelle-energie.de

9.7.3. Your right to appeal to a court remains unaffected by this.

9.7.4. You can find out about your rights at any time from the Federal Network Agency's consumer service:Consumer service of the
‍
Federal Network Agency
P.O. Box 8001
53105 Bonn
Phone: 030-22480500
Email: verbraucherservice-energie@bnetza.de

9.7.5. In addition, the EU Commission has provided you as a consumer with an internet platform for the out-of-court settlement of disputes (so-called "OS platform"). The OS platform can be accessed via the following link: Online Dispute Resolution | European Commission (europa.eu).

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

9.9. General information in accordance with the Energy Services Act
In connection with more efficient energy use by end customers, the Federal Office for Energy Efficiency maintains a list of energy service providers, providers of energy audits and providers of energy efficiency measures. Further information on the list of providers and the providers themselves can be found at www.bfee-online.de. You can also obtain comprehensive information on the topic of energy efficiency from the German Energy Agency. You can find more information at www.energieeffizienz-online.info.

Data for our promotions, raffles and giveaways are available at Terms & Conditions: Raffle

Data for our Easee raffle is available at Terms & Conditions: Raffle (Easee)

Data for our Referral Program is available at Terms & Conditions: Referrals

Data for our Ostrom Price Cap is available at Terms & Conditions: Ostrom price break