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General terms and conditions

for the use of RWER’s PPA Simulator

Status: November 4, 2020

1. Scope of Application

The use of RWE Renewables GmbH (RWER) My PPA Simulator is subject to these General Terms and Conditions.

2. Object of the General Terms and Conditions

RWER offers its private and commercial customers the use of online services at www.RWER.com or via the My PPA Simulator. Within the scope of the online service the customer can make declarations of intent regarding power supply contracts via the internet under the following conditions.

3. Technical and other requirements for the use of the online services

3.1. The online service is solely provided to corporate off-takers who are interested in purchasing energy which is produced by RWER’s facilities using renewable resources.

3.2. In order to use the online services, the user requires internet access.

3.3. RWER reserves the right not to make the online services available to the customer, to block access to the online service or to withdraw access rights in case of any infringement against these General Terms and Conditions. RWER will inform the customer accordingly.

4. Safety Precautions

To use the My PPA Simulator, the customer selects a user and a personal password with which the Online Services are activated. For security reasons, the password must be kept secret and should be changed at regular intervals.

5. Access Methods

The user gains direct access to Customer Service Online via https://www.rwe.com or direct links beginning with this URL or via the https://myppasimulator.rwe.com.

6. Blocking of access, deactivation of the online services and termination of the contract for the use of “My PPA Simulator”

6.1. Access to the online services is automatically blocked by RWER if the customer has entered the password incorrectly five times in a row. RWER also reserves the right to block access to the online service if there is a suspicion of misuse or other infringements against these General Terms and Conditions. In both cases RWER will inform the customer by e-mail about the blocking and how to unblock the access.

6.2. RWER reserves the right to deactivate the online service if it has not been used for a disproportionate period (18 months).

6.3. The right to terminate for compelling reason cause (§ 314 BGB) remains unaffected.

7. Obligations of the customer

7.1. The customer must keep his user ID and password secret and have his access to the online services blocked by sending a notification email to corporateppa@rwe.com immediately if he suspects that an unauthorized third party has or could have become aware of this. The data may only be released by the customer on the Internet when it is shown on the screen that the data transmission is encrypted.

7.2. The customer is obliged to immediately notify changes to the email address provided by him.

8. Limitation of Liability

8.1. Each party bears its own transmission risk and is liable for all damage caused by incorrect transmission. RWER is not liable for damage caused by misuse of the password or incorrect input by the customer.

8.2. RWER endeavors to keep the services as constant as possible. However, maintenance, security or capacity issues as well as problems beyond RWER's sphere of influence (force majeure, fault of third parties, etc.) can lead to short-term disruptions or to the temporary suspension of individual services or the services as a whole. RWER therefore does not guarantee that the customer can access the services at any time. RWER is not liable for the content of websites to which the online service links.

8.3. In addition, RWER is only liable if there is damage from culpable injury to life, limb or health or the damage is based on an intentional or grossly negligent breach of duty by a party, its legal representatives and its vicarious agents. The parties shall also be liable in the event of culpable breach of essential contractual obligations, however in the case of slight negligence the amount is limited to the foreseeable damage typical for the contract at the time the contract was concluded. Significant contractual obligations are those whose fulfillment shapes the online usage relationship and on which the customer can trust.

8.4. Any further statutory liability restrictions (e.g. according to TMG or comparable standards) in favor of RWER remain unaffected.

8.5. The purpose of the online services is to show the customer the PPA process and the different aspects that need to be taken into account before entering such contract. The actual prices of the transaction are highly dependent on multiple aspects that cannot be accounted in the simulation. Customer shall therefore not rely and the figures shown in the online services and RWER is not liable for acts or omissions by the customer based on the figures.

8.6. Insofar as the liability is excluded or limited above, this also applies with regard to the personal liability of the employees, employees and organs of both parties and the vicarious agents and vicarious agents of both parties including their employees, employees and organs.

9. Confidentiality

9.1. The customer shall keep all Confidential Information secret and confidential and shall take all necessary steps to maintain such secrecy and confidentiality. The customer may disclose confidential information only to its employees, statutory representatives, professional advisors and affiliates (all “Authorized Representatives” to the extent that these persons require the Confidential Information to duly fulfill their respective duties. The customer may disclose Confidential Information to third parties that are not Authorized Representatives only with the prior written consent of RWER.

9.2. “Confidential Information” means any and all information of whatever nature (whether stated to be confidential or not) which was or will be made available to the customer by the RWER via the online services.

9.3. Confidential Information does not include any information that

(a) was known to the customer prior to its disclosure by RWER without being caused by a violation of these General Terms and Conditions;
(b) at the time of the disclosure to the customer is, or as soon as it becomes after such disclosure, known or available to the public without this being caused by a violation of these General Terms and Conditions by the customer;
(c) the customer obtains from third parties provided that this information is not subject of a confidentiality agreement with the customer; or
(d) has been generally cleared for disclosure to third parties by RWER by written notice to the customer.

9.4. If the customer or an Authorized Person is or becomes obliged by statute, legal requirement, administrative or court order to disclose Confidential Information to authorities or courts it is obliged:

(a) to immediately inform RWER about the existence and scope of this obligation and the precise circumstances;
(b) to consult with RWER the possible legal steps to avoid or restrict the disclosure and to take reasonable steps to limit the disclosure;
(c) to disclose to the relevant authority or court only that portion of the Confidential Information the disclosure of which is legally required; and
(d) to ensure, to the extent possible, the confidential treatment of the Confidential Information disclosed to the relevant authority or court.

To the extent that the customer is not able to fulfill the obligations (a) to (d) prior to the disclosure of the Confidential Information, the customer shall inform RWER immediately thereafter.

9.5. The customer must keep his credentials secret and is responsible for their misuse.

10. Copyrights and Intellectual Property

Any and all rights to any information, disclosed by RWER to the customer, irrespective of its form (including, for example, magnetic tapes, documents, manuals, specifications, flow charts, program listings and print-outs of data files) shall remain with RWER. No rights, including, but not limited to, intellectual property rights, rights of use and licenses, in respect of RWER's information are granted to customer.

11. Non-Reliance

11.1. The information provided through the online services are solely provided for customer’s information. The customer may not rely on the provided information.

11.2. RWER makes no express or implied warranty or representation concerning the information provided through the online services, or the accuracy or completeness of such information.

11.3. Prices and price ranges provided through the online services are indicative and under no circumstance binding.

11.4. The online services and the information provided therein do not constitute a prospectus or an offer and RWER will not be obliged to enter into any kind of agreement.

12. Data Protection

The protection of personal data is of particular concern to RWER. For which purposes personal data are used, the customer can see the data protection information https://www.rwe.com/en/general-data-privacy-policy

13. Changes to the General Terms and Conditions

13.1. RWER can unilaterally change these terms of use insofar as this is necessary to eliminate subsequent equivalence problems or to adapt to changed legal or technical framework conditions. This does not apply to the essential content of the contract, e.g. the main performance obligations. The customer will be informed of an adjustment in via email, stating the content of the changed regulations, at least three months before the change takes effect. 

13.2. The change will become part of the contract if the customer does not object to RWER in text form at least six weeks before the change takes effect. The timely sending of the objection is sufficient to meet the deadline. RWER will inform the customer of these consequences separately when it is announced.

14. Governing Law

These General Terms and Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods and the German rules on conflicts of laws (Kollisionsrecht).