Terms And Conditions

General

E.ON Off Grid Solutions GmbH
Völklinger Str. 4
40219 Düsseldorf
Germany

Managing Director(s):
Daniel Becker
Registered Office Düsseldorf, Düsseldorf District Court, HRB 71536

Responsible according to Section 55 (2) of the German Interstate Broadcasting Agreement (RStV):
Daniel Becker, Völklinger Straße 4, 40219 Düsseldorf, Germany

Website: Blanko GmbH, Düsseldorf

Disclaimer

General Conditions of Use

Although E.ON Off Grid Solutions GmbH will use reasonable efforts to include accurate and complete information in this website, E.ON Off Grid Solutions GmbH makes no representations or warranties that the information provided through this website, including any hypertext links used either directly or indirectly from this website is accurate, complete or current. E.ON Off Grid Solutions GmbH may make changes to the information in this website, at any time, without notice and makes no commitment to update this information. The hypertext links provided herein are meant only as a convenience and the inclusion of any link does not imply endorsement by E.ON Off Grid Solutions GmbH of the site. E.ON Off Grid Solutions GmbH is not responsible for the contents of any linked site or any link contained in a linked site.
The contents of this website are copyrighted. However, E.ON Off Grid Solutions GmbH hereby grants you the right to store and reproduce any text provided under this website. However, due to copyright reasons, it is not permitted to store or reproduce any pictures and charts displayed under this website. This doesn't apply to pictures available in the image archive.
The information contained in this website does not constitute an offer to sell or the solicitation of an offer to buy any securities and should not be relied upon in connection with any investment decision.
In no event shall E.ON Off Grid Solutions GmbH be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortuous action, arising out of or in connection with the use or performance of documents, services, or information available from this website.

Forward-Looking Statements

This website release may contain forward-looking statements based on current assumptions and forecasts made by E.ON Off Grid Solutions GmbH management and other information currently available to E.ON Off Grid Solutions GmbH. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of the company and the estimates given here. E.ON Off Grid Solutions GmbH does not intend, and does not assume any liability whatsoever, to update these forward-looking statements or to conform them to future events or developments.

Privacy Policy

Protecting personal data is an important concern for E.ON Off Grid Solutions GmbH.
E.ON Off Grid Solutions GmbH processes personal data collected when visiting our webpages in accordance with the Federal Republic of Germany's legislation regarding data privacy and data security. This Data Privacy Statement provides you with information on how E.ON Off Grid Solutions GmbH uses data collected during your visit to the E.ON Off Grid Solutions GmbH website.
Collection and Processing of Personal Data
Personal data is information that identifies you, such as your name, e-mail address or postal address. Data of this nature will only be saved if you make it available to E.ON Off Grid Solutions GmbH, e.g. when ordering informational materials, subscribing to e-mail newsletters, applying to a job online or taking part in a survey or sweepstakes.

Use and Transmission of Personal Data

In general, E.ON Off Grid Solutions GmbH uses your personal data to answer your queries, process your orders or provide you with access to special offers or information. In order to do this, it may be necessary for E.ON Off Grid Solutions GmbH to pass on your data to other group companies or external service providers for further data processing. E.ON Off Grid Solutions GmbH will not sell your personal data to a third party or otherwise make personal data available for sale.
Data transmission to third countries will only occur within the framework of administration of IT systems and only insofar as a) the data transmission is fundamentally permissible and b) the specific requisites for transfer to a third country have been met; in particular, the data importer must guarantee an acceptable level of data protection in accordance with EU standard contractual clauses for the transmission of personal data to order processing organisations in third countries. The provisions of the German Federal Data Protection Act and the Telemedia Act constitute the basis for this.

Freedom of Choice

You control the information you provide to E.ON Off Grid Solutions GmbH. If you choose not to transfer any information, then you may be unable to access some areas of the E.ON Off Grid Solutions GmbH website. Users of the service for press releases and ad hoc notifications can unsubscribe from these communication services at any time by sending us an email to info@eon-agile.com, your data will be deleted in this case. If your personal information changes (e.g. zip code, e-mail or postal address), you can also notify E.ON Off Grid Solutions GmbH via e-mail to info@eon-agile.com in order to correct or update this information.

Automatically Collected Data

When you access E.ON Off Grid Solutions GmbH’s website, general information is collected automatically (i.e. without a registration process) that cannot be correlated to a single person. Automatic recording occurs via

Truncated, and therefore anonymized, IP address. Truncation bars the possibility of correlation to an individual person,
The last website you visited (referrer),
The pages you have visited on the E.ON Off Grid Solutions GmbH website,
The names of accessed files,
The date and time of access,
Your PC's operating system and browser version
Information on Web Analytics

This data is used to produce usage profiles under a pseudonym. This information is used exclusively to improve attractiveness, content and functionality as well as processing your customer queries.
In order to identify accessed content, E.ON Off Grid Solutions GmbH’s website uses a so-called session cookie, which is automatically deleted upon closing the browser.
Collected data cannot be used to personally identify this website's visitors and is not merged with the personal data for the user corresponding to the pseudonym.

Cookies

This website uses co-called session cookies to offer users more comfort. For example, session-cookies make it possible for visitors to E.ON Off Grid Solutions GmbH’s websites to complete a brochure request without having to re-enter their own data even after interrupting the process by visiting another page. There is also a session cookie used for web analytics.
Randomly selected users are asked if they would like to participate in a user satisfaction survey. A permanent cookie records whether they decline or participate so that the request is not shown to them again at a later point in time.
At no time does a cookie record personal data. The website will remain entirely usable even if your browser does not accept cookies.

Minors

E.ON Off Grid Solutions GmbH strongly advises all parents and guardians to teach their children safe and responsible handling of personal data on the Internet. Minors should not transmit any personal data to E.ON Off Grid Solutions GmbH's website without the permission of their parents or guardians! E.ON Off Grid Solutions GmbH assures that it will never knowingly collect personal data from minors nor use it in any way or disclose it to third parties without authorization.

Links to Other Websites

This Data Privacy Declaration applies to E.ON Off Grid Solutions GmbH‘s website. The pages on this website may contain links to other providers within and outside of the E.ON Off Grid Solutions GmbH not covered by this Data Privacy Statement. When you leave E.ON Off Grid Solutions GmbH‘s website, it is recommended to carefully read the data protection guidelines of every website that collects personal data.

Right to Information

If you have questions concerning how your personal data is processed, please feel free to contact info@eon-offgrid.com.
Upon request, you will be informed - in writing and pursuant to applicable legislation - which of your personal data, if any, E.ON Off Grid Solutions GmbH has collected via its webpage.

Notification of Changes

Any changes to our privacy policy will be posted to this Data Privacy Statement and any other locations we deem appropriate.

General terms and conditions

E.ON Off Grid Solutions GmbH (“Rafiki Power”), is company incorporated under the laws of Germany having its registered office at E.ON Platz 1, 40479 Düsseldorf, Germany, having a place of business in Tanzania in the form of a branch pursuant to Companies Act, No. 12 of 2002 at P.O. Box 267, Arusha, Tanzania (“The Seller”)
The Seller has entered into Power Purchasing Agreements (The “Agreement”) with customers at mini-grid locations owned by the Seller. Such customer is in the following referred to as “The Buyer”. The subsequent clauses represent General Terms and Conditions for the delivery & sale of pre-paid electricity to mini-grid customers in rural Tanzania.

ARTICLE 1. FORCE MAJEURE
(a) Force Majeure Effect: If a Party is rendered wholly or partly unable to perform its duties and obligations under the Agreement because of a Force Majeure event, that Party shall be temporarily excused to the extent necessary from whatever performance is affected by the Force Majeure event to the extent so affected. For purposes of the Agreement, the term "Force Majeure" shall mean any event not within the reasonable control and not due to the failure, negligence or persistent disregard, of the Party whose performance is adversely affected or becomes impracticable, and who chooses to invoke Force Majeure such as but not limited to any Act of God, fire, explosion, excessive rains, flood, tidal wave, epidemic, or earthquake, any other cause, whether or not similar thereto, beyond the reasonable control of, and without the fault or negligence of, the Party claiming Force Majeure, civil disturbance, insurrection, rebellion, terrorism, hostilities, public disorder or public disobedience, sabotage, riot, embargo, blockade, quarantine, strikes which are documented, acts of war or the public enemy whether or not war is declared, confiscation of the assets or authority of the Seller by any authority of the government. The late payment of money owed is not excused by Force Majeure.

ARTICLE 2. LIMITATION OF LIABILITY; INDEMNIFICATION
(a) Limitation of Liability: Notwithstanding subpart (b) hereof or any other provision of the Agreement to the contrary, neither the Buyer nor the Seller, nor their respective officers, directors, agents, employees, parent entity, subsidiaries, or affiliates shall be liable or responsible to the other Party or its parent entities, subsidiaries, affiliates, officers, directors, agents, employees, successors or assignees, or their respective insurers, for incidental, exemplary, punitive, indirect or consequential damages of any nature, connected with or resulting from performance or non-performance of obligations pursuant to the Agreement, including, without limitation, claims in the nature of lost revenues, income or profits (other than payments expressly required and properly due under the Agreement). Claims related to costs, expenses, suits and bodily injuries will also apply to this clause with respect to the Seller only.

(b) Indemnity: Each Party shall defend, indemnify and save the other Party, its officers, directors, agents, employees, parent entity, subsidiaries and affiliates, harmless from and against any and all claims, liabilities, actions, demands, judgments, losses, costs, expenses, suits, actions, or damages arising by reason of bodily injury, death, or damage to property sustained by any person or entity (whether or not a Party to the Agreement): (i) caused by or sustained on property or at facilities owned or controlled by the Party, except to the extent caused by an act of negligence or willful misconduct by an officer, director, subcontractor, agent, employee, parent entity, subsidiary, or affiliate of the other Party; or (ii) caused by an act of negligence or willful misconduct of the Party or by an officer, director, subcontractor, agent, employee, parent entity, subsidiary, or affiliate of the Party. If either Party receives notice of the assertion of any claim with respect to which indemnification is to be sought from the other Party, that Party shall give prompt notice thereof to the other Party. The Parties shall cooperate in the mutual defense of any such claim. Other than in cases of gross negligence of wilful misconduct the aggregate liability of the Seller for damage to the Buyer’s property shall not be more than USD 10,000 in aggregate.

ARTICLE 3: REMOVAL OF FACILITIES
(a) Removal after termination: If the Agreement has been terminated, the Seller shall dismantle the Energy System and/or connection equipment from the Buyer’s property without further notification to the Buyer.

(b) Removal before termination: If the Buyer fails to make payments for electricity for a considerable unreasonable long period during the Contract duration, the Seller shall remove the Energy System and/or connection equipment without further notification to the Buyer.
The Buyer may request the Seller to reinstall the Energy System and/or connection equipment at an additional cost to be paid by the Buyer prior to the Seller re-installing the equipment.

(c) Support by the Buyer. The Buyer shall support these activities independent of the cause of termination of the Agreement.

ARTICLE 4: MISCELLANEOUS
(a) Amendment: The Agreement may not be modified or amended except in writing signed on behalf of both Parties by their duly authorized officers.

(b) Assignment: The Agreement shall inure to the benefit of and bind the respective successors, assigns, and delegates of the Parties. The Agreement may be freely assigned by the Seller to any successor without consent from the Buyer. The Buyer however is not entitled to assign the agreement without the Seller’s consent.

(c) Entire and Complete Agreement: The Agreement constitutes the entire and complete final agreement between the Parties relating to the subject matter hereof, and all previous agreements, discussions, communications and correspondences with respect to the subject matter hereof are superseded by the execution of the Agreement.

(d) Choice of Law: The interpretation and performance of the Agreement shall be in accordance with and controlled by the laws of Tanzania.

(e) Venue: The Parties agree that the courts of Tanzania shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement.

(f) Waivers: There shall be no implied waivers under the Agreement. The failure of either Party to require compliance with any provision of the Agreement at any time shall not affect that Party's right to later enforce same. It is agreed that the express waiver by either Party of performance of any of the covenants or conditions of the Agreement, or any breach thereof, shall not be held or deemed to be an implied waiver by that Party of any subsequent failure to perform the same or any other term or condition of the Agreement, or any breach thereof.

(g) Severability: If any clause of the Agreement is ruled invalid or unenforceable by a court of competent jurisdiction, it shall not affect the remainder of the Agreement if it can be construed to affect its essential purpose without the invalid clause.

(h) No Interpretation of Headings: The headings in the Agreement are descriptive only, and are not intended to affect the interpretation or meaning of the Agreement, and accordingly are not meant to be construed as part of obligations of any Party hereunder.

(i) Language: The Agreement as well as these General Terms and Conditions and any amendments to it shall be executed in both English and Swahili languages. In the event of discrepancies or inconsistencies between the English and Swahili versions, the English language version shall prevail.

(j) Change of Buyer: Any person who moves into a premise where the Seller is providing supply should report to the Seller to regularize the contract; Failure to do that will result in supply to be disconnected and legal proceedings instituted. Any customer who intends to move out of a premise where the Seller is providing supply should report to the Seller within 48 hours to cancel the existing contract. Failure to do so will result in the customer assuming all charges that may be calculated after the vacation of premises.