Terms and Conditions
These terms and conditions will apply to any sonnenBatterie customer (hereafter referred as “you/your”) who registers for the sonnenVPP service of sonnen GmbH, Am Riedbach 1, 87499 Wildpoldsried, (hereafter referred as “sonnen”, “we”, “us”).
This offer will be facilitated by the 3rd party service provider Tibber AB, Vattugatan 17 111 52 Stockholm (hereafter referred as “Tibber”). Status November 2023.
1. Preamble
sonnen Holding GmbH and its affiliated companies is a company with its registered place of business at Am Riedbach 1, 87499 Wildpoldsried, Germany. sonnen is the worldwide market leader in the field of Residential Energy Storage System (RESS). Beside this sonnen is producing and marketing other products related to RESS and usage of stored energy, such as EV Charging Solutions. Together with its fellow subsidiary, sonnen eServices GmbH, with its place of business also at Am Riedbach 1, 87499 Wildpoldsried, Germany, sonnen is offering energy services such as VPP Solutions and supply of energy to its end customers.
The sonnenVPP technology aggregates decentralized assets, to perform various services, such as grid frequency stabilization, by triggering coordinated power requests. The sonnenVPP Offer consist of monetizing the value generated by the sonnenVPP technology and proportionally redistributing this value to you via Tibber.
Tibber AB is a digital energy company selling electricity to end customers and offering digital solutions.
Tibber and sonnen have partnered with the intent of offering you the sonnenVPP Offer.
2. Eligibility
2.1. You will be eligible to register for the sonnenVPP Offer if you meet the following Eligibility Requirements:
You own and operate or have the right to operate a sonnenBatterie version 8 and above;
Your sonnenBatterie version 8 and above is installed and operating by the customer in Sweden;
You own a valid electricity contract with Tibber.
3. Terms 3.1. The provisions of these General Terms and Conditions come into force at the moment you receive the Confirmation of Order by E-Mail.
3.2. These Terms and Conditions apply for a minimum period of one (1) month (hereafter referred as “Term”) starting at the reception of the Confirmation of Order.
3.3. The Term will be automatically renewed monthly, starting on the first day of the month and ending on the last day of the month (hereafter referred as “Period”) unless otherwise terminated by either party.
4. sonnenVPP Offer Benefits
4.1. We do not promise or guarantees any financial gains or revenue generation from the sonnenVPP Offer.
4.2. During the Term, you will receive Tillgodo/Monthly Credit proportional to
The number of days your sonnenBatterie is available in the Period.
The power (in kW) of your sonnenBatterie.
4.3. The Tillgodo / Monthly Credit will be distributed by Tibber together with your monthly Tibber invoice.
4.4. If the Tillgodo / Monthly Credits for the Period are greater than your Tibber invoice, the remaining difference will be automatically balanced to the following Period.
4.5. If your Tillgodo / Monthly Credits balance is positive after deduction of the Tillgodo / Monthly Credits on your Tibber invoice, you are entitled to request your Tillgodo / Monthly Credits balance to be transferred to your bank account within 2 months by contacting hello@tibber.com.
4.6. In addition to the Tillgodo/Monthly Credit, we will, to the best of our abilities, have the sonnenVPP react to electricity market price signals. The conditions under which your electricity production and consumption are priced is defined Tibber.
4.7. The Tillgodo / Monthly Credit will be the only compensation you are entitled to under these Terms and Conditions.
5. Your Obligations
5.1. To enable the sonnenVPP Offer, you authorize us to:
remotely access and operate your sonnenBatterie, including to charge or discharge your sonnenBatterie, or maintain a state of charge, at any time;
remotely access your sonnenBatterie to collect data related to the usage of your sonnenBatterie and use it for our business purposes.
5.2. You acknowledge and accept that to the extent permitted by law, we will not be liable in any way for payment of any part of your electricity bill, or for credits that may be available to you including by way of feed-in tariffs;
5.3. The parties acknowledge that the obligations under these Terms and Conditions do not involve the buying or selling of electricity. The contractual relationship with Tibber is completely independent of the contractual relationship between sonnen and the customer.
5.4. You acknowledge and accept that you are responsible for maintaining:
the connection of your Supply Address to the electricity Distribution Network, and the provision of electricity distribution services to your Supply Address;
an arrangement with Tibber for the supply of electricity to and/or from your Supply Address;
an internet connection at your Supply Address and to your sonnenBatteries, and the safety and security of this internet connection and the sonnenBatteries;
5.5. You must promptly notify the Tibber Customer Support if you become aware of any issue that affects, or may affect, your ability to comply with your obligations set out above in clause.
5.6. You accept that non-compliance with clause 5.1 or clause 5.5 may affect our ability to provide you with the sonnenVPP Offer and you cannot hold us liable for such non-compliance.
5.7. You will not allow any third party to, access or use your sonnenBatterie for the same or similar purposes as those set out in the Preamble.
5.8. We have the right to terminate the sonnenVPP Offer immediately and without prior notice if:
your sonnenBatterie is unavailable for more than 30 consecutive days;
breaching any of your Obligations;
you otherwise fail to meet the Eligibility Requirements at any time.
5.9. Subscribing to the sonnenVPP Offer will disable the Time of Use Mode and Self-Consumptions Mode as well as the Local API.
6. Privacy and Data
6.1. You agree that:
to provide you with the sonnenVPP Offer, we may need to collect, store, use, disclose or handle data which relates to your energy generation and usage, other data, which is captured by your sonnenBatterie, and Personal Information;
we may collect, store, use, disclose or handle that data, and Personal Information, in accordance with our privacy policy which is available on our website (as updated from time to time); and
we may disclose such data and Personal Information to third parties for the purposes of providing the sonnenVPP Offer.
6.2. Personal data is processed as described in our privacy policy. We hereby refer you to our data protection declaration, available at https://sonnen.de/datenschutz/
7. Limitation of Liability
7.1. To the extent permitted by law, we will not be in breach of the Terms and Conditions for a failure to carry out our obligations under these Terms and Conditions to the extent our failure was caused by:
your failure to properly perform any of the activities described in the clauses 3.1 to 3.6; or
any other breach by you of these Terms and Conditions.
7.2. Our total liability in connection with these Terms and Conditions, whether based on warranty, contract, statute, tort (including negligence) or otherwise, is limited to the total Tillgodo/ Monthly Credits apaid to you in the 6 months preceding the date the relevant claim arises.
7.3. We will not be liable under these Terms and Conditions for:
loss of profit, loss of revenue, loss of savings, loss of data, loss of business opportunity, loss of contract, loss arising due to unavailability of the sonnenBatterie, loss that was not caused by our breach; or
any indirect, special, consequential or incidental damages.
8. Cancellation policy
8.1. We can cancel this contractual relationship at any time by providing you a written notice, at least 30 days prior to the cancelation.
8.2. You may cancel this contractual relationship at any time by derollment on the following url: https://tibber.typeform.com/to/q19sJa8w or by providing us a written notice by sending an e-mail to: hello@tibber.com. This cancellation process shall be fulfilled within 30 days.
8.3. You can cancel this contract within 14 days without giving any reason. To meet the deadline, a clear declaration (e.g. in writing via letter or fax, via e-mail or also by telephone) to sonnen is required to the effect that the contract is to be revoked. For a revocation in text form, the revocation form accessible in our customer portal can be used. You can also submit your own clear declaration to us instead of the sample. The revocation period is 14 days from the conclusion of the contract. Insofar as the goods have been produced according to your special requirements and specifications, we expressly refer to Clause 5. A right of revocation shall be excluded if the conditions specified in more detail therein are met. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to: sonnen eServices GmbH, Am Riedbach 1, 87499 Wildpoldsried, Tel.: +49 8304 92933.400, Fax: +49 8304 92933.401, E-Mail: info@sonnen.de.
8.4. Upon cancellation we will:
Calculate and communicate to Tibber your Tillgodo / Monthly Credit at the date of Cancelation in accordance with clause 4.2;
Disconnect your sonnenBatterie from the sonnenVPP Offer within 14 days.
9. General
9.1. These Terms and Conditions contains the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
9.2. These Terms and Conditions are governed and construed by the laws of Germany. The parties agree to submit to the exclusive jurisdiction of the court of Ulm.
9.3. If we are prevented or hindered or delayed in performing our obligations under these Terms and Conditions due to an event or circumstance beyond our reasonable control, such non-performance shall not be considered a breach of these Terms and Conditions for the duration of the event.
9.4. The failure of either party to enforce any provisions under these Terms and Conditions will not waive the right of such party thereafter to enforce any such provisions.
9.5. If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid, or unenforceable under the applicable law, that term or provision will be severed, and the remaining terms and conditions will be unaffected. 10. Interpretation and Definitions
10.1.In these Terms and Conditions, unless the context requires otherwise:
a reference to any party includes that person’s executors, administrators, substitutes, successors and permitted assigns;
a reference to a legislative provision or legislation (including subordinate legislation) is a reference to that provision or legislation as amended, re– enacted or replaced, and includes any subordinate legislation issued under it;
a reference to “SEK” is a reference to Swedish crowns;
the term “including” or other similar terms do not imply any limitation.
Sweden means the Sweden Energy Market Operator.
Backup Capacity means the sonnenBatterie storage capacity reserved by you for use in case of power outage(s).
Confirmation of Registration means our written confirmation to you that: i. for customers with an existing sonnenBatterie, you have been verified and your Tibber Application Form has been accepted by sonnen; or ii. for new customers, your sonnenBatterie has been installed, you have been verified and your Tibber Application Form has been accepted by us.
Monthly Credit has the meaning given to the term in clause 4.2 .
Distribution Network means the electricity network which supplies electricity to and from your Supply Address.
Distributor means the entity who operates the Distribution Network.
Electricity Retailer means an entity which is licensed or authorised to sell you electricity at your Supply Address in accordance with applicable law.
Eligibility Requirements means the ongoing requirements you must meet in order to maintain registration for the sonnenVPP Offer in accordance with clause 2.1 of these Terms and Conditions.
Tillgodo/ Monthly Credits refers to the benefits offered by the 3rd party Tibber.
NEM means the national electricity market, as that term is defined under the National Electricity (South Sweden) Act 1996.
Personal Information has the meaning given to that term in the privacy Act 1988 (Cth).
RCTI means the tax invoice we issue on your behalf for our Monthly Payments to you in accordance with clause 1.
TIBBER Application Forms means a paper, electronic, or on -line form used to obtain your details and permission to participate in the sonnenVPP Offer.
Supply Address means the address at which you operate your sonnenBatterie and at which you license or authorise Tibber to sell you electricity.
sonnenBatterie means your sonnenBatterie system.