T&C - Ostrom Smart Meter

1. Geltungsbereich

1.1 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".

1.2 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.

1.3 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.).

1.4 These General Terms and Conditions apply to each individual measuring point commissioned.

1.5 The offer is only directed at customers who have concluded a contract for the supply of electricity with Ostrom.

1.6 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

2.1 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of the metering point and its metering equipment and metering systems, the guarantee of measurement of energy withdrawn, consumed and/or fed into the grid in compliance with measurement and calibration law, the processing of measured values, the technical operation of the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.

2.2 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

3.1 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.

3.2 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

4.1 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.

4.2 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.

4.3 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

5.1 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.

5.2 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.

5.3 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

6.1 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.

6.2 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.

6.3 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.

6.4 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.

6.5 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.

6.6 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.

6.7 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

7.1 The operator guarantees that the Smart Meter complies with the legal requirements and functions properly.

7.2 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.
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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).

7.3 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.

7.4 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.

7.5 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.

7.6 The customer must tolerate any interruptions to operation necessary for the maintenance of the Smart Meter.

7.7 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.

7.8 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).

7.9 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

8.1 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.

8.2 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.

8.3 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

9.1 Following prior notification by the Operator or by a third party authorised by the Operator, the Customer shall ensure access to the metering point and enable the Operator or an authorised representative of the Operator to access the Smart Meter and to enter the property and the rooms in which the Smart Meter is located, insofar as this is necessary for the fulfilment of the Operator's tasks in accordance with the order, in particular as part of the initial on-site inspection, installation, operation, maintenance, reading or removal of the Smart Meter. The customer must be present on site for the duration of the appointment.

9.2 The Customer is obliged to use the Smart Meter in accordance with the Operator's instructions and to treat it with care. The Customer is also obliged to protect the Smart Meter from unauthorised access by third parties, misuse and other disruptive influences and not to carry out any manipulations. In particular, the customer is obliged not to use any devices, equipment, software or data that could lead to changes in the physical or logical structure of the electricity or data network to which they are connected.

10. Fees

10.1 The price to be paid by the customer is made up of a one-off price for the purchase and installation of the smart meter and an annual price for metering point operation.

10.2 Annual costs for metering point operationThe annual costs for metering point operation correspond to the price cap in accordance with Section 30 MsbG. The upper price limit is determined on the basis of the customer's annual electricity consumption and whether the customer is a system operator.

10.3 Purchase price and one-off installation costs: The costs for the purchase and installation of the smart meter are agreed when the contract is concluded.

10.4 The prices are gross prices. The gross price is the net price plus VAT at the applicable rate.

10.5 The Operator is entitled to pass on cost increases at any time at its reasonable discretion in accordance with Section 315 BGB and is obliged to take cost reductions into account when setting prices. Cost increases and cost reductions can be offset against each other, unless this is excluded for regulatory reasons. A price change shall only become effective for the customer upon notification in text form. The notification must be received by the customer at least one month before the intended date of change. In this case, the customer has the right to terminate the contract in text form without notice. The operator shall inform the customer of this accordingly in the notification. The above rules shall also apply if new taxes, levies or other government-imposed additional charges or reliefs affecting metering point operation come into effect in the future.

11. Terms of Payment

11.1 Invoices are due on the date specified in the invoice. The invoice shall be sent to the customer at the same time as the invoice for the electricity supply.

11.2 The Customer may only offset undisputed or legally established claims against payment claims of the Operator.

11.3 The fees can be paid by SEPA direct debit mandate or bank transfer.

12. Liability

12.1 The operator is liable to the customer for damages caused by interruptions or irregularities in metering point operation in accordance with the special liability provisions of § 18 NAV, insofar as these result in an interruption or irregularity in the energy supply.

12.2 The operator shall be liable for other damage caused by the Smart Meter itself or by faulty installation, removal, operation or maintenance in accordance with the following provisions:Claims for damages against the operator are excluded regardless of the legal grounds.This exclusion of liability does not apply:

a) insofar as the operator, its legal representatives or vicarious agents have acted wilfully or with gross negligence;
b) in the event of damage arising from injury to life, limb or health; and
c) in the event of slight negligence, if one of the essential contractual obligations has been breached by the operator, its legal representatives or executive employees or vicarious agents. The operator shall only be liable for foreseeable damages that can typically be expected to occur. Essential contractual obligations are those obligations that form the basis of the contract, that were decisive for the conclusion of the contract and on the fulfillment of which the contracting parties may rely.

12.3 If the Operator is prevented from fulfilling its contractual obligations due to force majeure, in particular war, industrial action, epidemics or pandemics at its own plants or suppliers, damage to generation, transmission or distribution facilities, disruptions in the electricity grid, official orders, actions by third parties or other circumstances that are beyond its control or whose occurrence cannot be prevented with reasonable technical and economic effort, these shall be suspended until the corresponding circumstances and their consequences have been eliminated. The operator shall use all appropriate and reasonable means to ensure that it can fulfil its contractual obligations again as soon as possible.

12.4 The above liability provisions shall also apply if the Operator uses vicarious agents.

13. Contract Term and Cancellation

13.1 The contract shall enter into force on the date on which the contract is signed and shall end for each individual smart meter two years after the date on which this smart meter is installed. The contract shall be extended by one month after the expiry of this minimum term.

13.2 If it is necessary to remove the smart meter, the customer can order this from the operator as an additional service for a fee.

13.3 The contract may be terminated by either party for good cause without notice. Good cause shall be deemed to exist in particular if:

a) the other contracting party suspends the fulfillment of its contractual obligations in a not insignificant manner due to a deterioration of its assets or announces this,
b) the outstanding invoice amount(s) has/have not been paid in full within the payment deadline set in the reminder,
c) one or more of the prerequisites for the installation of the Smart Meter within the meaning of Section 3.1 are subsequently cancelled.

13.4 The customer who has rented/leased a property belonging to the meter is entitled to transfer the contract to the owner of the property or the subsequent tenant/leaseholder in the event of premature termination of the contract, provided that the operator agrees to take over the contract. If the contract is not transferred, the customer is obliged to pay the operator compensation for cancellation. This compensation is calculated on the basis of the remuneration for the remaining term of the contract, less the expenses saved by the operator as a result of the premature cancellation.

13.5 If the customer breaches this contract to a not insignificant extent, in particular by failing to fulfil a payment obligation despite a reminder, the operator is entitled to exercise its right of retention and to remove the Smart Meter four weeks after issuing a warning. This does not apply if the consequences of exercising the right of retention and removing the Smart Meter are disproportionate to the seriousness of the offence or if the customer demonstrates that there is a reasonable prospect that he will meet his obligations. The operator may threaten the aforementioned action at the same time as the reminder, provided that this is not disproportionate to the seriousness of the offence.

14. Amendments to the General Terms and Conditions

14.1 The operator reserves the right to amend these GTC if an unforeseeable change in the legal or factual situation arises for the contracting parties, over which the operator has no influence and which shifts the equivalence ratio of performance and consideration in this contract. In particular, the operator is entitled to make a change if one or more of the clauses contained in these GTC have become ineffective or threaten to become ineffective due to a change in the law or a legally binding court judgement and the equivalence relationship cannot be maintained by applying a statutory provision. The GTC shall only be amended to the extent that this is necessary to restore the principle of equivalence and the amendment is reasonable for the customer.

14.2 If the operator intends to amend the GTC, it shall inform the customer in text form of the amendments, including the date of amendment, at least six weeks before the date on which the amendment to the GTC is to take effect

14.3 The amendment shall only become effective if the customer consents to it. If the customer has not objected to the amendment of the GTC in text form by the proposed date of the amendment, consent shall be deemed to have been given. In addition, the customer may terminate the contract without notice in text form in the event of a change to the GTC.

15. Data protection

15.1 The operator undertakes to comply with the applicable data protection laws and to treat the customer's personal data confidentially. All information can be found at https://www.ostrom.de/privacy-policy.

15.2 The operator may only use the collected measurement data for contractually agreed purposes and may not pass it on to third parties without the customer's consent, unless this is necessary for the fulfilment of the contract.

15.3 The customer has the right to obtain information about the personal data stored about him at any time and, if necessary, to request its correction or deletion.

16. Legal succession

16.1 The operator is authorised 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 the consent of the customer. Consent shall be deemed to have been granted if the transfer does not result in a reduction in the security for the customer and the customer does not object in text form within six weeks of the written notification of the transfer of rights and obligations. These consequences shall be pointed out separately in the notification.

17. Right of cancellation

If the customer is a consumer, he has the right to cancel the contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract.

In order to exercise the right of cancellation, the customer must inform Aplus Energy GmbH, Strassburger Strasse 55, 10405 Berlin, Email widerruf@ostrom.de, by means of a clear declaration (e.g. a letter sent by post or an email) of the decision that the customer wishes to cancel the contract. The customer may use the sample cancellation form attached under No. 17.3, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period expires.

17.2 Consequences of cancellation

17.2.1 If you withdraw 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 withdraw 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.

17.2.2 If you have requested that services begin during the cancellation period, you must 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 cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

17.3 Muster-Widerrufsformular
(Wenn du den Vertrag widerrufen willst, dann fülle bitte dieses Formular aus und sende es zurück.)

To: Aplus Energy GmbH
Strassburger Strasse 55
10405 Berlin
Email: widerruf@ostrom.de
‍
‍Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*)/die Erbringung der folgenden Dienstleistung (*).
Bestellt am (*)/erhalten am (*)

Name des/der Verbraucher(s) / der Verbraucherin
Anschrift des/der Verbraucher(s) / der Verbraucherin
Unterschrift des/der Verbraucher(s) / der Verbraucherin (nur bei Mitteilung auf Papier)
Datum (*)
(*) Unzutreffendes streichen

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

To: 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
(Address of the consumer)
(Signature of the consumer (only for notification on paper)
Date (*)
(*) Delete as appropriate

18. Final provisions

18.1 Amendments or additions to the contract must be made in writing. An electronic signature in accordance with Art. 25 (1) of Regulation (EU) No. 910/2014 (eIDAS Regulation) shall be deemed sufficient for the written form.

18.2 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

18.3 The place of jurisdiction for all disputes arising from this contract is Berlin.

19. Dispute resolution procedure

19.1 The customer can contact the Operator at any time using the Operator's contact form if they have a complaint. In the event that no amicable solution can be found, the customer can apply for arbitration proceedings at the Energy Arbitration Centre if he is a consumer within the meaning of Section 13 of the German Civil Code (BGB).

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
The customer's right to take legal action remains unaffected by this.

19.2 The customer can obtain information about his rights at any time from the Consumer Service of the Federal Network Agency:

Verbraucherservice der Bundesnetzagentur
Postfach 8001
53105 Bonn
Phone: 030-22480500
Email: verbraucherservice-energie@bnetza.de

19.3 In addition, the EU Commission has provided an internet platform for consumers for the out-of-court settlement of disputes (so-called "ODR platform"). The ODR platform can be accessed via the following link: Online Dispute Resolution | European Commission (europa.eu).

Our address:
Aplus Energy GmbH
Strassburger Strasse 55
10405 Berlin
Geschäftsführung: Matthias Martensen & Karl Villanueva
Email: streitbeilegung@ostrom.deForm according to § 54 MsbG