energate messenger
english edition

General Terms and Conditions of Business

of energate gmbh
Norbertstrasse 3-5
45131 Essen
Germany
Status: July 2016

(1) General Terms and Conditions

  1. The following terms and conditions apply to all contracts for electronic and printed information services of energate gmbh, Norbertstrasse 5, 45131 Essen, Germany (referred to as "energate").
  2. The services are aimed exclusively at entrepreneurs, legal entities under public law, and special funds under public law. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, exercises their commercial or independent professional activity.
  3. Differing general terms and conditions of the customer are rejected.

(2) Subject matter of the contract

  1. energate offers information services as individual purchases or as subscriptions in electronic and print format.
  2. The subscription of electronic services requires that the customer has the necessary technical prerequisites. The customer has to inform himself in this respect beforehand with the help of the product description.
  3. energate reserves the right to change the content of the services insofar as the change or deviation from the agreed service is reasonable for the customer, taking into consideration the interests of energate.

(3) Conclusion of contract

  1. The contract shall only be concluded upon energate's acceptance of the order.
  2. The acceptance can be effected by an order confirmation, invoicing or delivery of the publication.

(4) Prices, invoicing

  1. The remuneration of the paid information services of energate is calculated according to the contractual agreement.
  2. The prices for standardised products are shown to the customer in the context of the product information on the websites of energate.
  3. In the absence of differing agreements, energate is entitled to invoice the customer annually in advance for the accumulating usage fee. Other invoices on which no usage fees are charged, e.g. advertising banner fees etc., are payable within 14 days after invoicing without deduction.
  4. Unless otherwise stated, all prices are exclusive of the applicable statutory value added tax.

(5) Default of payment

  1. In the event of default in payment, energate is entitled to discontinue the services until payment of the outstanding fee amount. The payment obligation of the customer for the period of non-supply remains unaffected.
  2. In addition, energate is entitled to terminate the user contract without notice in case of default of payment. If energate wants to make use of this right, it is obliged to grant the user a 14-day grace period to settle the outstanding payment under threat of termination.

(6) Delivery

  1. Delivery shall be made to the delivery address specified by the customer, and in the case of electronic media or services to the email address specified by the customer.
  2. If the subject matter of the contract includes delivery of non-digital products, the delivery shall generally be made by postal service. The purchaser shall bear the shipping costs stated in the offer. No shipping costs are incurred for the delivery of digital content.
  3. Deliveries are made at the risk and for the account of the recipient. Any information on the delivery period is non-binding. The publisher will endeavour to deliver the goods within the delivery period. However, no liability is assumed for delays. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon transfer of the goods to the carrier or upon notification that the goods are ready for collection at the place of performance.

(7) Term of the contract, termination

  1. The term of the contract begins on the contractually agreed date. In the absence of such an agreement, the term of the contract begins with the acceptance of the order.
  2. The contract is concluded for a term of 12 months. Thereafter, the contract will automatically be extended by a further 12 months unless the contract is terminated with one month's notice to the end of the original or a subsequent contract period.
  3. The right to terminate the contract without notice for good cause remains unaffected. This right exists in favour of energate gmbh in particular in the case of an infringement of copyrights or a breach of essential contractual obligations.
  4. Insofar as energate has concluded contracts with third parties for the procurement of information and these third-party contracts are terminated or permanently not fulfilled in whole or in part, irrespective of the reason, energate is entitled to remove the information from the scope of delivery. energate will attempt to obtain this information from another source or to replace this information with other information so that the scope of service is not reduced. If this is not possible, the remuneration to be paid will be reduced to an appropriate extent if the user obtains services against payment. In this case, energate also has the right to terminate the contract in whole or in part. Any further claims of the user against energate are excluded.

(8) Rights of use

  1. All rights are reserved. The content published by energate is subject to German copyright law and may not be reproduced or stored, processed, duplicated or distributed using electronic systems without the written permission of energate. This also applies to all websites of energate, including layout, source text, software, and their content. Exceptions to this are storage in the main memory of the respective user's computer and the printing of individual pages for the user's own personal use. Any other use requires the prior written consent of energate.
  2. For digital content, the user acquires for himself and within the scope of the contractually agreed service the simple, non-sublicensable, non-transferable and unlimited right to use these according to the scope agreed in the contract. The scope results from the respective contractual content of the different offers.

(9) Liability, Warranty

  1. The information published by energate in the form of articles, data and forecasts has been researched with the greatest care. Nevertheless, neither energate nor its cooperation partners can guarantee its accuracy. Information in the form of news and articles is partly based on reports from news agencies, weather services, or other data suppliers. Information in the form of rates and prices is provided by external information services. All of the aforementioned information published by energate undergoes quality control and is checked regularly. No guarantee is given for the topicality, correctness, and availability. For damages due to disturbances, delays, incorrect data, errors, interruptions, which may occur in the service operation of energate or in the service operation of suppliers of energate, energate is only liable in the cases regulated by law. No liability whatsoever is accepted for the content of external Internet pages to which energate refers by means of a link within the Internet pages. energate cannot be held liable by third parties for consequential damage if the user relies on the correctness, completeness and availability of information.
  2. energate neither gives a guarantee for accessibility nor a guarantee that certain results can be achieved through the use of the information services or specialist publishing media. energate as the operator of the energate websites or the companies/persons commissioned by energate also reserves the right to shut down the system at short notice for maintenance purposes. energate will be released from its contractual obligations if it is prevented from fulfilling them by industrial action, official or judicial measures, or other events of force majeure and energate is not responsible for these.

(10) Additional provisions for access to energate messenger+ and energate messenger Switzerland

  1. With the energate messenger+ and the energate messenger Switzerland, energate offers its users access to energy industry information such as news, market and weather data, charts, dates and documents via email newsletter, app and Internet. Furthermore, the services of energate within the scope of this contract consist of the provision of marketing and advertising services, IT services, or ASP services.
  2. Each usage licence of energate messenger+ includes access to a topic-specific additional offer (add-on) at no extra charge. All other add-ons are subject to a fee and can be booked by the user.
  3. Individual purchase of add-ons without a subscription to energate-messenger+ is not permitted.
  4. A contractual partner may purchase access data for several users (multiple licences).
  5. energate is entitled to update and expand the content and functions of the service at any time.
  6. In addition to the aforementioned possibilities, energate enables the user to access various offer pages of its cooperation partners. The legal and content-related responsibility for the services offered on the aforementioned pages lies solely with the cooperation companies named there which can be accessed under the corresponding reference on energate-messenger.de or www.energate-messenger.ch. When using the services, contractual relationships are established exclusively with the respective companies, taking into account their valid terms and conditions. A prerequisite for the use of energate messenger+ or energate messenger Switzerland is prior authorisation as a user by energate. For this purpose, the user must register with energate and provide the requested data completely and correctly. The details can be found in the registration procedure. By sending the registration to energate, the user agrees to these General Terms and Conditions. Admission is then granted by notifying the user accordingly by email.
  7. When registering, the user chooses a user name and a password. The user name must not infringe the rights of third parties or offend common decency. The user undertakes to ensure that no unauthorised third parties obtain knowledge of their password. If this occurs nevertheless or if the user has corresponding indications for this, the user is obliged to inform energate immediately.
  8. The access data are personal. A transfer to another user is only possible with the consent of energate.
  9. The user can register for a free trial account on the website www.energate-messenger.de or www.energate-messenger.ch. The trial account is free of charge. With the trial access, the user has access to the website's content and the app for 30 days, and receives the HTML or PDF newsletter every working day. After the trial period, the access authorisation ends without the user having to deregister or cancel separately. Each user is only entitled to use a trial access once, unless other arrangements are agreed upon in individual cases.
  10. The user has no right to admission. energate has the right to withdraw the admission at any time without prior notice due to a) suspected false information during registration, b) alleged or recognisable misuse of the services, c) damage or impairment of the functionality of the services, d) other violations of these General Terms and Conditions. In this case, energate expressly reserves the right to assert claims for damages.
  11. The contract is concluded for a period of 12 months. Thereafter, the contract is automatically renewed for a further 12 months, unless the contract is terminated with a notice period of one month to the end of the initial or a subsequent contract period.
  12. The user is entitled to withdraw the registration at any time with effect for the future, provided that they have not yet used the paid services of energate. Within two weeks after their registration, the user also has the right to withdraw the registration with effect for the past, provided that he has not used the services of energate by then. In both cases the user has to inform energate in writing at the address mentioned in item 1 (1).

(11) Final provisions

  1. The use of the services of energate and the rights resulting therefrom are exclusively subject to German law. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly does not apply.
  2. The place of performance for all services arising from the business relations existing with us is our registered office. If individual provisions of these terms and conditions are or become invalid, it shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended objective.