General terms and conditions for the use of Suntrol

Preamble

SolarWorld AG operates the Suntrol Internet portal under the top-level domain www.suntrol-portal.com (hereinafter referred to as: “SUNTROL”); SUNTROL’s services comprise several websites (hereinafter referred to as: “SUNTROL websites”). The user enters into the agreement regarding the use of SUNTROL services with SolarWorld AG, Martin-Luther-King-Strasse 24, 53175 Bonn, Germany (hereinafter referred to as: “SWAG”). Additional contact data, commercial register data and the name of a person with representative authority for SWAG can be found in the site Information.

By registering with SUNTROL, the user accepts the following general terms and conditions for the use of SUNTROL (hereinafter referred to as: “terms”).

The user can access, print, download and save these terms at any time, including after entering into the agreement, from the “terms” link, which is accessible from any SUNTROL website.

1. Registration, approval

1.1 Before using the services of the SUNTROL websites, the user must first register. There are two types of usage available to users of the SUNTROL websites:

a) Registration in a closed, no-cost forum for private solar system operators (hereinafter referred to as: “system operators”)

b) Registration in a closed, no-cost forum for installers who install/have installed SWAG systems for private users (hereinafter referred to as: “technical partners”).

Each user may register only once and create only one user profile.

1.2 User registration consists of entering the user’s complete name, address and contact information (e-mail, telephone), and creating a user profile, including the location of the system, the components used (modules, inverters) and pictures of the solar energy systems.

1.3 The user affirms that all information entered by him during registration is correct and complete. The user agrees to inform SWAG promptly of any changes to his user information.

1.4 Upon registration, the user chooses a password. The user agrees to keep this password secret. SWAG will not share this password with third parties and will not at any time ask the user what the password is.

1.5 By completing the registration process, the user tenders acceptance of the agreement regarding the use of the services of the SUNTROL websites. SWAG accepts this tender by approving the user for the services of the SUNTROL websites. The agreement between the user and SWAG takes effect upon this acceptance.

1.6 SWAG does not have the technical ability to determine with certainty whether a user registered on the SUNTROL websites is actually the person the user claims to be. SWAG therefore accepts no responsibility for the actual identity of any user.

2. Subject

2.1 The use of the SUNTROL websites is free of charge.

2.2 With registration and the user profile, the system operator can manage the performance data of his system and monitor its functioning. In addition, the system operator can also enable data access, which allows third parties to view his user profile (hereinafter referred to as: “release”). With registration and the user profile, technical partners can communicate their technical expertise by listing the systems they have installed; in addition, by linking their profiles with solar systems they have installed, subject to the release of the system operator, they can also view the respective system data and check for errors. Technical partners can thus offer additional customer service for released systems.

2.3 SWAG makes information provided by the user and/or information on other users available only insofar as such information does not violate statutory regulations or these terms. SWAG has the right to remove unlawful content from the SUNTROL websites without notice. SWAG has the right to monitor the registered systems and statistically analyze their data; this applies equally to released and unreleased data.

2.4 The user acknowledges that 100% availability of the SUNTROL websites is technically unattainable. SWAG makes every effort, however, to maintain constant availability of the SUNTROL websites to the extent possible. In particular, maintenance, security or capacity issues and events beyond SWAG’s control (such as disruptions in public communications networks, power failures, etc.) may lead to short-term disruptions or temporary interruptions in the services of the SUNTROL websites.

2.5 SWAG merely offers the user a platform to enable system management and to bring system operators and technical partners together; SWAG provides the technical requirements for this. SWAG does not involve itself in the actual content of system management and communications among users. To the extent that users make contact with one another via the SUNTROL websites or initiate or enter into contractual relationships, SWAG is not involved in this and is therefore not a party to any such contracts. The users alone are responsible for the handling and fulfillment of agreements made among one another. SWAG bears no liability if no contact between users comes about via the SUNTROL websites or in connection with an agreement initiated or entered into via the SUNTROL websites. SWAG further bears no liability for violations by users of obligations arising from agreements entered into between users.

3. Consumer rights & cancellation

If the user registers with SWAG for a purpose which cannot be attributed either to his trade or independent professional activity, the following provisions apply to the user as a consumer under the law (Section 13 German Civil Code):

3.1 Right of cancellation

The user has the right to cancel the registration in writing (e.g. letter, fax, email) within a period of 14 days without detailing a reason. The period begins at the point in time of membership activation by SWAG, however, at the earliest with receipt of this written advice and not before fulfillment of our information obligations in accordance with InfoV article 246 § 2 in combination with 1 paragraphs (1) and (2) of EGBGB as well as our obligations in accordance with § 312e paragraph (1) BGB (German Civil Code) in combination with article 246 § 3 EGBGB. It is sufficient to send the cancellation punctually, in order to ensure maintenance of the cancellation period.

Cancellation is to be sent to:

Postal mail: SolarWorld AG, Martin-Luther-King-Strasse 24, 53175 Bonn
Fax: +49-228-559 20 99
E-mail:  info@solarworld.de

The user’s right of termination under clause 6 remains unaffected by the user’s right of cancellation under this clause 3.

3.2 Consequences of cancellation

In case of an effective cancellation, performance already received on both sides shall be returned, pursuant to applicable laws. If the user cannot return the performance received in full, in part or only in reduced condition to SWAG, he must pay SWAG the equivalent value to that extent, if applicable.

End of cancellation advice

4. Duties of the user

4.1 The user has the duty

a) to provide only true and correct information in his user profile and in communications with other users and not to use any pseudonyms or fantasy names

b) to transmit to the SUNTROL websites only photos of his system that are no more than three (3) years old and from which the system and its installation are clearly and easily recognizable

c) to observe applicable laws as well as all rights of third parties in the use of the contents and services of the SUNTROL websites. The user is expressly prohibited from

aa) unreasonably harassing other users (in particular by means of spam) (comp. Section 7 Law Against Unfair Competition)

bb) using content protected by law (such as under copyright, trademark, patent, registered design or utility model law) without authorization, or selling or offering legally protected goods or services, and

cc) undertaking or promoting anti-competitive transactions, including progressive customer solicitation (such as multi-level, Ponzi or pyramid schemes)

d) to refrain from the following harassing actions, even when they do not concretely violate any laws:

aa) sending advertisements and chain letters

bb) conducting, advertising and promoting structured sales programs.

4.2 The user is prohibited from the following actions:

a) using mechanisms, software or scripts in connection with the use of the SUNTROL websites

b) blocking, overwriting, modifying or copying unless required for the ordinary use of the services of the SUNTROL websites

c) distribution and public reproduction of the contents of the SUNTROL websites or of other users

d) any action that is suitable for disrupting the function of the SUNTROL infrastructure, particularly for overloading it.

5. Changes to the services on the SUNTROL websites

SWAG reserves the right to change the services offered on the SUNTROL websites or to offer different services, so long as this is not intolerable to the user.

6. Termination of the agreement

6.1 The user can terminate registration at any time without providing a reason. Termination can be initiated using the contact Form available from any page of the SUNTROL websites. In order to terminate, the user must give his user name and one of the e-mail addresses registered with the SUNTROL websites.

6.2 SWAG can terminate registration and use for good reason with immediate effect. “Good reason” is anything that makes the continuation of the contractual relationship intolerable for SWAG, taking into consideration all circumstances of the individual case and weighing the interests of SWAG and of the user. “Good reason” includes specifically, but not exclusively:

a) violation of statutory regulations by the user

b) violation by the user of his contractual duties, in particular under clause 2 and 4 of these terms

c) significant harm to the reputation of the services offered on the SWAG websites resulting from the presence of the user (such as, if, after the registration of the user, it emerges that the user has been convicted of an intentional criminal offence, and this conviction is known to other users)

d) damages caused by the user against one or more other users.

6.3 In case of the existence of good reason, SWAG can also impose the following sanctions against the user, independent of termination with immediate effect:

a) deletion of contents added by the user

b) pronouncement of a cease-and-desist order, or

c) blocking access to the services of the SWAG websites.

7. Responsibility for user’s contents, data and/or information

7.1 SWAG accepts no responsibility for the contents, data and/or information provided by the users of the SUNTROL websites or for the contents of linked external websites. SWAG particularly makes no guarantee that these contents are true, fulfill any specific purpose or can serve for such a purpose.

7.2 To the extent that the user notices an illegal or contract-violating use of the SUNTROL websites (including the use of pseudonyms or deceptive identities), he can report these using the contact Form available from any page of the SUNTROL websites.

8. Customer service/support

The customer can submit questions and clarifications regarding his agreement with SWAG or the services of SUNTROL using the contact Form available from any page of the SUNTROL websites, or by fax or postal mail.

9. Liability of SWAG, release by user

9.1 Claims for damages by the user against SWAG, including its employees and other agents are excluded in the event of minor negligence relating to breach of duty on the part of SWAG, its employees and other agents - regardless of the legal argument, unless the breach of duty is of significant importance for the fulfillment of the contract and the user should have been able to have confidence in its maintenance. In this case, claims for damages are limited to typically foreseeable damage.

9.2 For direct damages and damages that are unforeseeable at the time the contract is made, SWAG is liable only in case of gross fault on the part of SWAG, its employees or other vicarious agents.

9.3 The above limitations do not apply to damages from loss of life, bodily injury or damage to health. Binding statutory liability regulations, such as liability under product liability laws, remain unaffected.

9.4 The user releases SWAG from all claims, including claims of damages, which other users or third parties make against SWAG based on violation of their rights arising from the contents added to the SUNTROL websites by the user. This release of SWAG further encompasses all claims, including claims of damages, which other users or third parties make against SWAG based on violation of their rights arising from the use of the services of the SUNTROL websites by the user. The user accepts all reasonable costs incurred by SWAG due to a violation of the rights of third parties, including those for SWAG’s legal defense. Further rights and claims of damages by SWAG remain unaffected by this.

10. Data protection

SWAG is conscious of the fact that sensitive handling of all personal data which the user shares with SWAG is of utmost importance to the user. SWAG therefore observes all relevant statutory data protection guidelines. In particular, SWAG will never pass on the user’s personal information, or otherwise let it be known, to third parties without authorization.

11. Rights to contents

With registration and the creation of his user profile, the user grants SWAG unlimited, irrevocable, transferrable usage rights to his respective user profile, which authorizes SWAG to make any type of use of it, particularly for statistical analysis of the system data and for any other marketing of the platform.

12. Final provisions

12.1 Changes to this agreement must be made in writing. No subsidiary agreements exist.

12.2 SWAG reserves the right to change theses terms at any time, without giving a reason, so long as this is not intolerable to the user. SWAG will notify the user promptly regarding changes to the terms. The user has the right to object to the validity of the new terms within two (2) weeks after notification, otherwise the changed terms will be considered accepted by the user. The user is advised in the notification from SWAG of his right to object and of the importance of the objection period.

12.3 Unless otherwise agreed, the user can submit any clarifications to SWAG electronically using the contact Form available from any page of the SUNTROL websites, or send them to SWAG by fax or postal mail. SWAG can send clarifications to the user by e-mail, fax or postal mail to the addresses given by the user as current contact data in the user profile.

12.4 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. In case of an invalid provision, the Parties shall replace it with another provision which comes as close as possible to the commercial purpose of the invalid provision, but which is valid. The same applies to loopholes in the agreement.

12.5 The place of fulfillment is the headquarters of SWAG. The place of jurisdiction, if legally permissible, shall likewise be the headquarters of SWAG.

12.6 German law applies, to the exclusion of international private law and UN trade law.