For the provision of services and goods by ubitricity only the following GT&C are exclusively valid. Please note that the following conditions apply to
contracts concluded under German law only. International customers please contact ubitricity personally to conclude a contract.
1 Conclusion of contract
1.1 Conclusion of contract using the web shop
1.1.1 The presentation of goods and services in the web shop is not to be understood as an offer to conclude a contract.
1.1.2 The customer makes an offer when he executes the complete order process. The customer is bound to this offer for seven days starting from
the receipt of the offer.
1.1.3. After the receipt of the offer the customer will get a confirmation hereof via e-mail. This confirmation is not to be seen as an acceptance
of the offer.
1.1.4 Acceptance of the offer by ubitricity occurs either by shipment of goods respectively by providing services or by explicit written or electronic declaration.
1.2 Conclusion of contract by using the pre-printed form
1.2.1 The customer gets a pre-printed form, either in writing or electronic. The provision of the form by ubitricity is not to be understood as an offer.
1.2.2 The customer makes an offer by completing and returning the form, either by mail or via e-mail. The customer is bound to the offer for seven days starting from the receipt of the offer.
1.2.3 After the receipt of the offer the customer will get a confirmation
hereof via e-mail. This confirmation is not to be seen as an acceptance
of the offer.
1.2.4 Acceptance of the offer by ubitricity occurs either by shipment of goods respectively by providing services or by explicit written or electronic declaration.
1.3 Conclusion of contract on the basis of an offer created by ubitricity
1.3.1 When requested in writing by the customer ubitricity makes a temporary offer identified as such.
1.3.2 The customer accepts this offer by ordering in due time. An order that is not made in due time will be regarded as a new offer. ubitricity is not obligated to accept this new offer.
2 Purchase of Hardware components. This clause 2 applies only to customers, who get Hardware components.
2.1 Terms of delivery
2.1.1 ubitricity does not assume the risk of procurement. Insofar as ubitricity cannot observe binding delivery deadlines for reasons that ubitricity is not responsible for (non-availability of goods and service), ubitricity will notify the customer and inform him of the expected, new delivery deadline immediately. In case performance remains unavailable within this new delivery period as well, ubitricity will inform the customer immediately and is from that moment entitled to withdraw from the contract in whole or in part. Deemed as case of non-availability of the goods and service within this meaning is in particular (i) a delayed or incorrect delivery to ubitricity by ubitricity’s suppliers, if ubitricity has entered into a congruent covering transaction, (ii) neither ubitricity nor the supplier is responsible and/or (iii) ubitricity is not obliged to procurement in that specific case. The customer’s right to withdraw due
to non-availability of goods and services remains unaffected. In case the customer is a consumer ubitricity explicitly points out that any provided consideration will be reimbursed immediately. Any further claims, especially for compensation, shall be excluded, unless otherwise stated in (7).
2.1.2 ubitricity will deliver goods and services within a reasonable time. The delivery period shall be extended – except for those cases under (2.1.1) – appropriately in the event of force majeure. Should performance obstacles last for more than 4 weeks the customer has the right to withdraw. Any further claims, especially for compensation, shall be excluded, unless otherwise stated in (7).
2.1.3 Insofar as the customer can withdraw due to non-availability of goods and services or under 2.1.2, he shall also have the right to withdraw from any other contract concluded in that context, such as agreements on installation, mobile electricity and billing.
2.2 Shipment, retention of title
2.2.1 Shipment takes place at the customer’s own cost.
2.2.2. If the components are available and in case of payment via SEPA direct debit, on account, credit card or PayPal, the term of delivery is still 10 – 12 days from conclusion of the contract as it takes elaborate preparation of the shipment. If the customer opted to pay in advance via bank transfer, the term of delivery is 12-14 days from the day the payment order has been made due the fact that it takes the bank some time to process the payment order.
2.2.3 In case the contracting parties agreed on a fixed date for the delivery, the term of delivery starts at that day.
2.2.4 Should the last day of the delivery period fall upon a non-working day, the period shall expire at the end of the following working day.
2.2.5 The delivered components shall remain property of ubitricity until the customer has made complete payment.
2.3 Warranty rights and guarantee
2.3.1 ubitricity accepts a three-years-guarantee for the components to be free from defects. The period of guarantee begins with the conclusion of contract regarding the purchase of the components. In case of a warranty claim ubitricity can choose between repair and subsequent delivery at its own discretion. Warranty repairs may be executed by engineers authorized by ubitricity only. Costs for repairs that are not executed by an authorized engineer will not be reimbursed. The guarantee does not cover repairs or damages caused by unauthorized repair.
2.3.2 The guarantee does not cover damages caused by anything other than defects in material or workmanship.
2.3.3 Under the guarantee ubitricity is not liable for loss of profits, business interruptions, pecuniary loss or travel expenses.
2.3.4 Any repairs or replacements of components within the term of guarantee will not expand or restart the guarantee period.
2.3.5 Statutory rights of withdrawal and warranty remain unaffected by these terms. The guarantee applies in addition to applicable statutory provisions, unless otherwise stated in (7). Mandatory legal provisions related to consumer rights remain unaffected.
2.4.1 The successful and safe operation of SimpleSockets requires an expert installation, initial operation and inspections by an installer authorized by ubitricity. In order to prevent personal injury or damages to property the customer shall respect the installation manual (checklist).
2.4.2 The use of SimpleSockets for withdrawal of energy requires the conclusion of a separate billing-agreement between ubitricity and the connection user, whose connection will be used to supply the SimpleSocket with power (usually the tenant or owner of the installation site, this might be the customer as well). For Mode 3-SimpleSockets please regard 3.4.
2.4.3 The software of the SimpleSockets is protected by copyright. The customer shall not be entitled to modify or replace it with third-party software. A decompiling of the software is only permissible within the limits of § 69 e Urhebergesetz (German Copyright Law). Any further decompiling is excluded. The customer shall support any update and recovery processes as far as reasonable.
2.5.1 Before initial operation, the customer shall follow the instruction manual and the safety instructions to prevent personal injury or damages to property. If the customer leaves the SmartCable to another person, he has to make sure that this person is familiar with the instruction manual and safety instructions as well.
2.5.2 The customer has the duty to maintain safety regarding the SmartCable and especially has to secure that the SmartCable does not interfere with the traffic.
2.5.3 The withdrawal of energy at SimpleSockets requires the conclusion of a separate mobile electricity contract.
2.5.3 The software of SmartCables is protected by copyright. The customer shall not be entitled to modify or replace it with third-party software. The customer shall support any update and recovery processes as far as reasonable.
3 Installation of SimpleSockets. This clause 3 only applies to customers, who are (also) charge point providers.
3.1 The customer commissions ubitricity to install the SimpleSockets as set out in the offer. The installation includes the affixing of the SimpleSocket at a power cabling confirming to standards at the designated location, the set up and testing. The customer shall be responsible for the audited standard power cabling from the distribution box to the installation site. Further details are to be found in the installation manual.
3.2 The successful and safe operation of SimpleSockets requires an expert installation, initial operation and inspections by an installer authorized by ubitricity. The customer must not install, relocate or uninstall the SimpleSockets arbitrarily. This shall be done by the authorized installer only. The customer shall inform ubitricity of a desired installation, relocation or uninstallation two weeks in advance.
3.3 Concerning the reimbursement model the initial installation of a SimpleSocket is not to be carried out until the customer has sent the billing-agreement signed by the connection user (usually the tenant or owner of the installation site; this might be the customer as well) to ubitricity.
3.4 In case of installing a Mode 3-SimpleSocket an installation as described in 3.3 can only be carried out in exceptional cases as there will be reimbursement. The customer is aware that he generally may install a Mode 3-SimpleSocket behind his own electrical connection only.
3.5 The customer shall make sure that rooms, facilities and systems are accessible at the agreed time of installation, relocation or uninstallation and that there is free supply of electricity as far as it is necessary to carry out the works properly. In case the works cannot be carried out due to the customer’s fault he has to bear the costs of the failed attempt.
3.6 Once the SimpleSocket has been installed the customer has the legal duty to maintain safety. He shall also be responsible for maintenance and possible safety inspections (in particular he shall be bound by the obligations under German Industrial Safety Regulation (Betriebssicherheitsverordnung) concerning the SimpleSockets.
3.7 The software of SimpleSockets is protected by copyright. The customer shall not be entitled to modify or replace it with third-party software. The customer shall support any update and recovery processes as far as reasonable.
4 Mobile Electricity Supply. This clause 4 only applies to customers, who are (also) mobile electricity customers.
4.1 Charging electricity at SimpleSockets
4.1.1 The customer can charge his EV at SimpleSockets using his activated SmartCable. Except when otherwise communicated, the SmartCable will be activated at the time of receipt.
4.1.2 SimpleSockets are operated by public or private charge point providers. The SimpleSockets can only be used with authorization of the charge point provider. ubitricity does not assume responsibility for the availability, functioning or accessibility of SimpleSockets. There is no entitlement to the use of a specific SimpleSocket. SimpleSockets shall be used for charging EVs only.
4.1.3 When using the SmartCable the customer shall charge his EV at parking spots with sufficient network coverage on a regular basis – at least once a month – to ensure a proper data transfer. He shall avoid consecutive charging processes without sufficient network coverage. The customer is not entitled to use the mobile radio unit for any other purpose than the transfer of measurement data.
4.1.4 Before the exchange or shut down of the SmartCable the customer shall carry out a charging process at a charging spot with sufficient network coverage.
4.1.5 The customer shall notify ubitricity immediately by phone (+49 30 / 398 371 69-800) or via email (firstname.lastname@example.org) in case of disruptions, damage or loss of the SmartCable. The SmartCable will be locked. He shall be liable for any charging processes that are done before notification. In case the locking after notification is delayed due to reasons that ubitricity is responsible for, the customer shall not be liable for charging processes done by unauthorized third parties, unless he is at fault. The customer shall be liable for offline-charging processes after the blocking as well. If he wants to avoid this risk, the customer shall notify ubitricity upon signing the contract that no offline-charging shall be possible.
4.2 Supply and billing of the withdrawn electricity
4.2.1 The supply and billing of the electricity withdrawn at SimpleSockets is executed in different ways depending on the type of installation of the SimpleSocket:
4.2.2 Reimbursement Model: The connection user purchases electricity from a electricity supplier and makes it available at the SimpleSocket. The power mix is determined by the connection user’s supply contract. The customer has no claim for supply against the connection user or the connection user’s supplier. ubitricity reimburses all costs to the connection user for the charged electricity pursuant to the separate billing agreement between ubitricity and the connection user, at the same time ubitricity bills the charged electricity to the customer. If the
customer is a consumer and withdraws electricity from his own SimpleSocket using his own SmartCable these charging processes are free of charge (homezone charging). The consumer has no claim for homezone classification.
4.2.3 Transmission Model: ubitricity or another electricity supplier provides electricity at the SimpleSocket. The electricity is drawn from renewable energy sources. ubitricity bills the charged electricity to the customer.
4.3.1 ubitricity measures the electricity withdrawn by the customer via the SmartCable. ubitricity determines the way of measurement (consumption measuring, meter readings etc.).
4.3.2 ubitricity or a third party shall be given access to the SmartCable after prior notice, insofar as this is necessary for the billing, the fulfillment of the contract or legal duties or for the management of energy business processes. Prior notice shall be given at least one week in advance. In case of prevention the customer shall offer a prompt alternate date.
4.3.3 The customer is not entitled to open the enclosure of the SmartCable. The opening of the enclosure may lead to the loss of the calibration validity. The customer shall notify ubitricity immediately of a (supposed) opening or severe damage.
4.3.4 Once the calibration validity (normally 8 years) has expired the SmartCable will be deactivated. ubitricity will inform the customer of the impending expiry in due time. The customer has the right to terminate the mobile electricity contract by the time the calibration validity expires. If he does not terminate the contract the contract remains in force including all payment obligations. The customer shall be responsible to restore calibration validity of the SmartCable or to purchase a calibrated SmartCable.
4.4 Online platform
4.4.2 The customer ist able to access his personal data via the passwordprotected ubitrcity information portal (http://mm.ubitrcity.com).
4.4.2 The customer shall protect his access data from notification by third parties. Any loss or (impending) notification shall be reported to ubitricity immediately either by phone (+4930 / 398 371 6980-0) or via email (email@example.com). Afterwards the customer is obliged to change his password immediately.
4.5 Release from obligation
4.5.1 ubitricity is released from obligations as far and as long as ubitricity is prevented from rendering services due to force majeure or other reasons ubitricity cannot be held liable for.
4.5.2 ubitricity is released from any obligation in case of electricity cuts or blackouts that ubitricity is not responsible for, as far as they result from a disturbance of the network operation, network connection or the charge point provider’s customer system. At the customer’s request ubitricity will immediatley provide information about the facts related to the cause of damage inasmuch ubitricity knows about them or can clear them up in a reasonable way.
4.5.3 If a hindrance according to (4.5.1) or (4.5.2) lasts for fo than 4 weeks, the customer is entitled to terminate the contract without previous notice. Further claims, especially for compensation, are excluded, unless otherwise stated in (7).
4.6 Prices and price changes
4.6.1 The net invoice amount for the supply of mobile electricity (before VAT) consits of (1) the monthly base price, (2) the electricity price per kWh multiplied by withdrawal as well as (3) the amount of charging processes multiplied with the transaction price per charging process.
4.6.2 In Germany, regarding the transmission model (4.2.3) the price per kWh includes the purchasing and sales costs, all costs paid to net operators, costs of billing, concession fee and all costs according to the Kraft-Wärme-Kopplungsgesetz (KWKG), § 19 (2) Strom NEV, § 18 AblaV, §§ 17, 18 EnWG and Erneuerbare Energien Gesetz (EEG) as well as sales and electricity tax. Regarding the reimbursement model (4.2.2) the price per kWh that the customer has to pay includes the reimbursed amount of money for the connection user, at whose metering point the SimpleSocket is supplied with electricity. VAT is applied to these costs.
4.6.3 Changes regarding the VAT will be applied to the prices.
4.6.4 Other changes in cost will be made unilaterally by ubitricity at reasonable discretion according to § 315 BGB. The customer can request judicial review of these changes of prices.
4.6.5 If ubitricity changes costs unilaterally, only the costs of 4.6.2 may be taken into account. The extent of change is based on balancing the changes in cost (increases and reductions) of each price component by applying a uniform standard (factual and temporal). ubitricity will examine the costs annually. If the costs increased, ubitricity may adjust
the prices. If the costs decreased, ubitricity has to adjust the prices. Due to the fact that cost reductions are made in the same way as cost increases (factually and temporarily), cost reductions affect the prices at least as much as increases. Cost reductions must not be passed on later than cost increases.
4.6.6 Clause (4.6.4) and (4.6.5) also apply to future taxes, dues or other state imposed additional burdens or reliefs concerning procurement, generation, grid usage (transmission and distribution) or consumption of electricity.
4.6.7 Changes in cost will not come into effect until the customer obtains written notification, which has to be done six weeks prior to the change.
4.6.7 If ubitricity changes the prices, the customer has the right to terminate the contract immediately without prior notice. ubitricity will inform the customer about this right when sending the notification of the changes. The termination must be in writing. The right to ordinary termination remains unaffected.
4.7.1 If the customer books the roaming-option ubitricity grants him access to certain charging points of third party-providers. In return the customer pays a monthly fee.
4.7.2 Charging processes at a third party’s charging point will be billed time-based (price per time unit) until further notice. ubitricity explicitly states that a transformation from time-based billing to kWh-based billing or a combination of both kinds of billing is intended in the future. The kind of billing may vary at each third-party charging point at any time; ubitricity has no stake in this. Provided ubitricity got all price components from the charging point provider, we will display the final price per kWh in the App before starting the charging process.
4.7.3 The customer must all access details and login data, including physical storage media (e.g. chipcards), protect from any acquisition by a third party. The customer is not entitled to disclose or process access details and login data to a third party. If there is any danger that a third party has taken access to the data or plans to do so, the customer will
inform ubitricity immediately and without hesitating via e-mail (firstname.lastname@example.org) or phone (+49 30 364 288 300) so ubitricity can block the account.
4.7.4 The use of the third party’s charging point does not establish a contract between the customer and ubitricity’s roaming-partner.
4.7.5 Except for what is stated under clause 5 no personal data of the customer will be forwarded to the roaming-partner. The roaming-partner will not be able to deduce the customer’s identity.
4.7.5 ubitricity is not liable for the actual accessibility, functionality or availability of a third party’s charging point.
5 Use of data, data transfer and data protection. This clause (5) only applies to customers, who are (also) charge point providers and/or mobile electricity customers.
5.1 At the end of each charging process the SmartCable will transfer the measurement data via mobile radio technology to ubitricity. If there is no sufficient network coverage, the SmartCable secures the data and transfers it as soon as there is a connection.
5.2 The SmartCable collects the following data with each charging process at a SimpleSocket: starting and ending time, initial, final and inbetween readings every 15 minutes as far as they are relevant for the billing regarding the connection user and the grid operator, the ID of the SmartCable and the SimpleSocket used and the electronic signature of the data set. There will be no data collection by ubitricity for charging processes at charging spots other than SimpleSockets.
5.3 The collection, processing and use of measurement data of the mobile electricity customer will be executed by VOLTARIS GmbH, Voltastraße 3, 67133 Maxdorf or Power Data Associates Ltd, Wrest Park, Silsoe, Bedfordshire, MK45 4HR.
5.4 In case the customer has entered his email address during the roaming app registration process his email address will be stored in order to generate an App-EVCO-ID and assign it to the customer for the purpose of contract implementation.
5.5 Personala data will only be collected, used and stored as far as it is necessary for contract implementation.
5.6 The customer agrees to the collection, processing and use of his personal data according to this clause by signing the contract. The customer is aware that he can withdraw his consent for the future at any time.
6 Quotation, payment, default in payment
6.1 Invoice amounts and credits regarding the mobile electricity supply are due at the end of each month.
6.2 If the customer is no consumer and provided nothing to the contrary has been agreed upon all prices are net prices.
6.3 Payments will be made at the discretion of the customer either via SEPA direct debit mandate, on account, via credit card or via Paypal. In case the payment is supposed to be made via SEPA direct debit mandate the customer shall give ubitricity a SEPA direct mandate with the offer. Invoice amounts due will be collected from the account
specified in the mandate. ubitricity notifies the customer of the mandate reference immediately after conclusion of the contract. ubitricity is entitled to charge the customer for any costs that result from a reversal caused by the customer contrary to his duty. Reimbursement credits will be refunded to the account specified in the SEPA mandate
right after the bill has been sent. In case of payment on account, payment has to be made at due date (value date at ubitricity’s account). ubitricity is entitled to charge an extra fee per month for payments by transfer.
6.4 ubitricity is entitled to offset reimbursement credits and receivables due against the customer.
6.5 Where payment on account has been agreed upon individually the partner is obligated to pay the invoice on maturity (14 days after receipt of the bill). In case the partner does not fulfill this obligation he receives a reminder from ubitricity at no charge, by which he defaults in payment. In the event of ongoing default ubitricity is entitled to claim dunning costs in the amount of 2.50 Euro for any further reminder or final reminder. The partner’s right to prove that ubitricity’s actual
damage caused by the default is lower than the claimed dunning costs shall be unaffected.
6.6 ubitricity is entitled to claim delay damages in accordance with the statutory provisions.
7.1 ubitricity is only liable for intent and gross negligence.
7.2 ubitricity is liable in case of mild negligence concerning the breach of material contractual obligations, thus such obligations that make the due performance of the contract possible in the first and on the performance of which the customer therefore relies and may rely.
7.3 ubitricity is liable without limitation for personal injury and death.
7.4 In all other cases any liability is excluded.
7.5 Any claims arising from German Produkthaftungsgesetz (Law on Product Liability) or rights regarding warranty according to § 437 No. 1 and 2 BGB shall remain unaffected by these limitations.
8 Final Provisions
8.1 These GT&C are exclusively valid to the contract. GT&C provided by the customer shall not apply, even if ubitricity does not explicitly object to them.
8.2 Amendments and additions to this contract including this clause shall be made in writing. The priority of individual agreements (§ 305b BGB) shall remain unaffected.
8.3 For the settlement of disputes according to § 111a EnWG in Germany, consumers (§ 13 BGB) can request arbitration proceedings at the conciliation body, if he has contacted ubitricity beforehand and no mutually satisfying solution has been found. ubitricity is obliged to participate in the arbitration proceeding. The contact details of the conciliation body are:
Phone: +49 30 2757240 -0
Fax: +49 30 2757240 – 69
8.4 ubitricity is entitled to transfer rights and obligations under this contract as a whole to a third party. If ubitricity exercises this right, the customer has the right to terminate the contract without prior notice within two weeks after receipt of the notification.
8.5 If the customer is a merchant and provided there is no exclusive place of jurisdiction indicated, the place of jurisdiction shall be Berlin and German law shall be applicable. In case the customer is no merchant the legal provisions shall apply concerning the place of jurisdiction and Germany law shall be applicable though not exclusively.