General terms and conditions

These conditions apply to every visit to our freely accessible areas and to the registration area that leads to the Otark marketplace (also known as the platform). They also apply to all additional information provided by Otark (e.g. blogs, interviews, tutorials) — hereinafter “websites”. By visiting our websites, you accept these general terms and conditions and the privacy policy contained therein (see section 7) and commit to comply with them. There is no right to register for the purpose of receiving further information. In order to use our marketplace, it is necessary to complete a separate registration, which is also not entitled to. Our websites are aimed exclusively at entrepreneurs within the meaning of § 14 BGB. They are expressly not aimed at consumers within the meaning of Section 13 BGB.

Content rights

All content of Otark's websites (in particular texts, logos, graphics, user interfaces, code, design) is protected by copyright. The pages may only be reproduced for private use. No changes may be made, and reproductions may neither be distributed nor used for public reproduction. The above provisions do not apply if express permission has been granted to use certain content.

Registration obligations

Visitors to Otark's websites are expressly solely responsible for all information they provide when registering. You confirm that the information you provide is accurate. You agree not to intentionally pass off the data of third parties as your own. Deliberately falsified or fraudulently provided information and the transmission of data from a third party without their consent may have legal consequences and result in the withdrawal of access to the registration area.

Prohibited use

It is prohibited to use Otark's websites in violation of applicable law and these general terms and conditions. It is prohibited to gain unauthorized access to any part of the websites or networks owned by Otark and connected to an Otark server (including virtually). It is prohibited to scan the websites or associated networks for vulnerabilities or to test the security measures installed on the websites or networks. It is strictly prohibited to obtain and/or share information about other visitors to the websites. Any measures, including those based on automated processes, which impair the infrastructure of the websites or the Otark networks/network structure and network systems or interfere with the proper operation of the websites, are strictly prohibited. It is prohibited to copy, reproduce or otherwise reproduce the Otark websites or parts of them. Otark websites or their content may not be used for purposes that are prohibited by these terms or by law and infringe the rights of Otark or third parties.

Damages and exclusion of warranty

Otark does not guarantee that our websites will be available without interruption and always error-free. There is also no guarantee that our websites will be available at all times or that data and services will be transferred securely. We do not guarantee the accuracy, completeness and timeliness of the information available on our websites. Visiting our websites is entirely at your own risk. You are solely responsible for any damage, in particular damage to the computer system or loss of data, which occurs, for example, when downloading data. We only offer you our websites “as is” and “as available”. This exclusion of liability does not apply if a defect has been fraudulently concealed.

Conclusion of contract for business brokerage

The business brokerage contract, including these terms and conditions, is concluded when the user registers on the platform (offer) and the acceptance of the offer by Otark GmbH. The offer is accepted upon completion of registration after verification (KYC, sanction lists) by Otark GmbH.

Otark acts as a pure intermediary between provider (power producer) and buyer (electricity collector). Users are not entitled to make transactional declarations on their behalf, to make legally binding promises on specific offers, conditions or modalities as part of the initiation and conclusion of an electricity supply contract, or to carry out actions.

On the platform, Otark gives users the opportunity to:

• to place a digital form for electricity offers from sources of verifiable renewable energy,
• to place a digital form for electricity requests from sources of verifiable renewable energy,
• to filter the right partner from a wide range of producers and offers for electricity supplies
• to filter the right partner from a wide range of relevant companies
• the option to store and analyze their electricity demand and consumption profile and to make them available for matchmaking with a suitable partner,
• retrieve sample contracts and use them for their purposes,
• call up consulting services and derive the appropriate benefit from them.

The integration of the options described in a) -g) into Otark's websites and networks is carried out automatically by Otark at its own expense on the basis of the information provided. Otark will expressly point out to both providers and buyers (buyers) that the contract for the supply of certified renewable electricity is concluded at any time and exclusively between the buyer (buyer) and the provider. In the relationship between the buyer (buyer) and the provider, Otark only acts as a mere intermediary. Otark ensures that the correct functionality of the options a) -g) is provided as consistently as possible on Otark's websites during normal business hours.

At the request of a user, the contract can also be concluded with the involvement of a primary care provider (municipal utility) - this can also be arranged by Otark at any time. In this case, the contract is concluded between the provider and the supplier on the one hand and/or between the supplier and the customer (buyer) on the other hand.

If functionalities or contacts change, users are required to immediately change this information in the company profile on the platform or to inform Otark's HelpDesk in order to implement the changes. Otark assumes no liability for any damage suffered by users as a result of failure or late notification.

In accordance with the following regulations, Otark is entitled to a commission of 4% for all contracts brokered in accordance with the contract. Otark's claim to the commission occurs for the first time when a binding contract has been concluded between provider and buyer (buyer) or between provider, buyer and supplier. In principle, half of the commission is paid by the provider and half by the buyer (buyer).

The commission for Otark is calculated on the basis of the total contract volume between the parties, with 2% of the amount of electricity delivered at the contract price being accounted for by the buyer (buyer) and 2% of the electricity quantity delivered at the contract price by the provider.

Otark is entitled to payment of due commissions at the end of a calendar month, when the respective delivery quantity can be determined. Otark will provide information about this via the platform and by e-mail. A corresponding invoicing by Otark will be carried out in conjunction with this, unless otherwise agreed. Objections must be made by invoice recipients within 7 working days. The commission is generally due immediately upon receipt of the invoice. Otark will automatically carry out the procedure on a monthly basis, after each delivery month.

Liability limitation

Otark is not liable for damage that occurs during, through or after visiting our websites, for whatever legal reason. The exception is if the damage is based on gross negligence or intent on the part of Otark or injury to life, limb or health or a breach of essential contractual obligations. Insofar as liability has occurred due to gross negligence or intent or the breach of essential contractual obligations, liability is limited to the typical damage that would reasonably have been foreseeable at the time the contract was concluded. Otark is excluded from liability for subsequent damage, indirect damage or loss of profit. Otark assumes no liability for continuous access to our websites or the way they are presented. Insofar as our websites contain links to third-party websites, we assume no liability for the content of third-party websites. You are responsible for your use of third-party websites and for prior review of the terms and conditions and privacy statements of the third party websites.

graduation

Otark reserves the right to change or supplement these terms and conditions at any time. Changes to the commission regulations are not possible retrospectively, in particular not if they are changed at the expense of a user. By visiting our websites and content, which are freely accessible or available after registration, for the purpose of obtaining information or trading, all users agree to the terms and conditions in force at the time. These conditions, together with Otark's privacy policy contained therein, form the sole legal basis for visiting our freely accessible or registered websites for the purpose of obtaining information or trading and fully replace any previous agreements. Different conditions of unregistered/registered visitors to our websites are not accepted.

These general terms and conditions are subject to German law. The exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions is, to the extent permitted by law, the registered office of Otark in Frankfurt am Main.