Status: 01.Januar 2019
General Terms and Conditions of IT Solutions PD Ltd. , Sofia - Bulgaria, for the use of the website www.energ.io
IT Solutions PD Ltd. , Prof. Dr. Invan Stransky Str. 1, 1700 Sofia, Bulgaria ("platform operator") operates an Internet platform ("platform") at www.energ.io through which investors can invest in renewable energy projects of IT Solutions PD Ltd. via crowdfunding (swarm financing). ("Project owner").
On the platform, the project owner can introduce himself to potential investors and provide them with information on the planned financing of their own renewable energy projects. On the basis of this information, potential investors will have the opportunity to participate in the financing of the respective project ("crowdfunding" or "funding"). This is done in the form of a variety of non-dedicated, fixed income, qualifying subordinated loans ("loans"), which are identical to each other except for the loan amount. The project owner either uses the loan money itself to run a renewable energy project or forwards it to a project developer to run a renewable energy project. The loans are concluded legally binding on the platform in electronic form. They shall be serviced and repaid, including interest, on funds generated as a result of the implementation of the project, such as charges for energy sales, feed-in, hire purchase installments, contracting fees.
In order to gain access to the information and financing offers and, if necessary, to conclude loan agreements, a potential investor must first register on the platform.
Any use of the Platform by potential investors ("Users") will be governed exclusively by the following terms and conditions ("Terms").
1. Through the use of the platform, a user agreement is concluded between the user and the platform operator, which is subject exclusively to the following terms and conditions. This Platform User Agreement provides the framework for the use of the Platform for informational purposes and for the provision of individual loan agreements between investors and project owners through the Platform. Both the use for information purposes and the brokerage of the loan agreements is free of charge for investors. Each mediation process represents a financial service, but not the use of the platform for informational purposes upstream of the mediation. The terms and conditions apply to all content, functions and other services that are made available on the platform.
2. The legal relationship between platform operator and project owner is the same. Both are handled by IT Solutions PD Ltd.
3. A claim for registration and use of the platform does not exist. The platform operator is at liberty at any time to refuse a potential investor as a user without stating further reasons.
1. In order to fully use the platform, registration is required. Registration as a private individual is permitted to natural persons who have reached the age of 18 and who have full legal capacity. Non-natural persons must be based in Germany. Investors must trade on their own account. The multiple registration of one and the same person is not permitted.
2. The registration must be carried out with complete truthful indication of the requested data.
3. In order to be able to accept a contract offer from a project owner as a user, it is also necessary to provide a complete, truthful statement of the investor-specific data that is requested during or after the registration.
4. Upon completion of the registration, the platform operator will send the user a confirmation e-mail. After conclusion of the contract the user can view and change his data under "My Account" at any time.
5. Registration under specification of incorrect data or the specification of false investor-specific data is inadmissible and leads to the exclusion of the user from the platform.
6. The user undertakes to ensure that all information provided during the use of the platform is always truthful and up-to-date.
7. The user undertakes to ensure that his access data, in particular his password, are not made accessible to third parties. He alone is responsible for all actions that occur via his user account. If there are indications of misuse of the user account or third parties have nevertheless gained knowledge of the access data, the user is obliged to report this immediately to the platform operator.
8. The platform operator will not pass on the access data of the user to third parties and will not request these by e-mail or telephone.
III. Right of Withdrawal for Consumers Regarding the Registration Cancellation Policy | Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the contract. To exercise your right of withdrawal, you must inform us (IT Solutions PD Ltd., Prof. Dr. Ivan Stransky Street No. 1, 1700 Sofia Email: email@example.com) by means of a clear statement (eg a mailed by post Letter or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal If you withdraw from this contract, we will have you all the payments we have received from you, including delivery charges (except for the additional costs arising from your having a different type of delivery than that offered by us, the most favorable standard delivery), immediately and no later than fourteen days from the day on which the notification of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract. End of revocation
1. The platform operator shall provide users with the possibility to contact the project owners with capital needs via the platform.
2. The Platform Operator will provide project owners with capital needs the opportunity to provide information and documentation on the platform to potential investors. In addition, the platform operator offers project owners the opportunity to submit a legally binding offer to prospective investors to enter into a loan agreement and conclude corresponding contracts via the platform. In this context, the platform operator limits itself to providing the technical framework conditions for the conclusion of the contracts, organizing the dispatch of documents, submitting declarations of intent as a messenger and providing the project owners with certain additional services in the initiation and processing of the loan-contractual relationships (in particular contract management and payment monitoring). Additional services are not provided by the platform operator. In particular, the platform operator does not have its own measure of action regarding the conclusion of contracts or the management of the funding process, does not itself become a party to the loan agreements, does not act as a party's representative and does not accept payments when concluding these contracts. It does not provide any services that require a license under the Banking Act, the Capital Investment Code or the Payment Services Supervision Act. Payments are made exclusively through a licensed payment trustee.
3. The use of the platform is free of charge for the user.
4. The platform operator does not provide consulting services and does not provide consulting services. In particular, no financing and / or investment advice or tax and / or legal advice is provided. The platform operator only carries out an examination according to formal criteria prior to setting up a project on the platform. Posting on the platform is not an investment recommendation. The platform operator does not assess the credit worthiness of the project owner and does not check the information provided by the project owner for its truthfulness, completeness or timeliness. The platform operator does not provide investors with personal recommendations for acquiring financial instruments based on an examination of the personal circumstances of the respective investor. Personal circumstances are only requested to the extent required by law in the investment brokerage, and only with the aim of providing the legal advice, but not with the aim of providing the investor with a personal recommendation to acquire a particular financial instrument.
5. The documents made available on the platform expressly do not claim to contain all the information necessary for the assessment of the respective system offered. They do not constitute a prospectus in the legal sense. Users should take the opportunity to ask project owners questions about the platform before making an investment decision. Users should inform themselves from independent sources if they are unsure if they should sign a loan agreement. Expert advice can not be replaced by the documents provided on the platform. Users should consult the legal, economic and tax consequences of such investment before concluding a qualifying subordinated loan agreement.
6. In qualifying subordinated loans, users as lenders carry an entrepreneurial risk that is greater than the risk of a regular lender. The loan capital including the interest claims can not be reclaimed due to the qualified subordination, if this would bring about a bankruptcy reason for the borrower. This can lead to a total loss of invested capital and interest. Users should pay attention to the detailed risk instructions.
7. The respective loan amount can be freely selected by the user within the given framework. For an investment, the user may only use his own liquid funds that are free from third-party rights.
8. Comments from users who are made on the platform or the associated blogs, etc. and are inappropriate or violate applicable law are not permitted and will be deleted immediately. Violations of this rule can lead to a liability for damages of the user as well as to the immediate exclusion of the user from the use of the platform.
9. If the user permits the platform operator, the platform operator makes the data and / or information provided by the user available to other users of the platform, provided that these data and / or information do not violate legal regulations or these terms and conditions. The platform operator reserves the right to randomly check the corresponding data and / or information.
V. Carrying out an investment
An investment via the platform is as follows:
1. A potential investor registers as a user of the platform and learns about projects of IT Solutions PD Ltd., which offers the conclusion of loan agreements. For this he uses the IT Solutions PD Ltd. provided information and documents.
2. At the conclusion of a loan agreement, the user accepts the information provided by IT Solutions PD Ltd. tendered offer in the amount chosen by him via the process provided for this purpose on the platform ("Subscription").
3. The legal obligations under the loan agreement become effective upon the user's subscription and the payment of the loan amount owed by the user becomes due. The user has transferred the amount with debt-discharging effect towards the project owner to one of IT Solutions PD Ltd. to deposit said account or payment processor. The details are regulated in the respective loan agreement.
4. In the event of an effective cancellation of the loan agreement, IT Solutions PD Ltd. will ensure that the user transfers his loan amount back to his deposit account without any deductions or costs from the creditor; this shall not affect any statutory obligations in the event of a revocation of the user. Otherwise, the loan amount from the account of IT Solutions PD Ltd. disbursed in accordance with the respective loan agreement.
VI. Term and termination
1. The contract of use according to these terms and conditions is concluded for an indefinite period. It may be terminated at any time by the user or the platform operator with a notice period of one week to the end of the month. The right to extraordinary termination remains unaffected.
2. Terminations of the user are to be directed by e-mail to firstname.lastname@example.org. Notice of terminations by the platform operator informs the user by e-mail of his last e-mail address stored on the platform.
3. It is clarified that a termination of this usage contract does not affect existing contractual relationships between users and project owners, in particular existing loan agreements.
The platform operator endeavors to offer a comprehensive availability of the platform within the framework of the technically feasible and economically reasonable. However, the platform operator does not assume any warranty for this. In particular, maintenance, security and capacity reasons, technical conditions and events beyond the control of the platform operator may lead to a temporary or permanent unavailability of the platform. The Platform Operator reserves the right to restrict access to the Platform at any time and to the extent necessary, e.g. to carry out maintenance work.
The user is not entitled to transfer or reproduce any documents, information and documents downloaded by the user from the platform. This obligation excludes information and documents that are publicly available. This obligation is valid for an indefinite period of time beyond the use of the platform as well as at the termination of this usage contract. If a user violates this obligation, this can lead to a liability for damages.
IX. data protection
1. The liability of the platform operator for contractual breaches of duty and tortious liability is limited to intent and gross negligence.
2. In addition, the platform operator is liable for simple negligence only in case of breach of such essential contractual obligations, the fulfillment of which makes the proper execution of the contract in the first place and on whose compliance the user may regularly rely ("cardinal obligations"). The liability for cardinal obligations is limited to such typical damages and / or typical scope of damage as was foreseeable at the time the contract was concluded.
3. The above restrictions also apply to legal representatives, executives, employees or vicarious agents of the platform operator.
4. The above restrictions do not apply to liability for injury to life, limb or health and under the Product Liability Act and to the assumption of express guarantees by the platform operator.
5. The platform operator is not liable for the information provided by project owners on the platform or for the effectiveness of the loan agreements concluded between the user and the project owner. The information provided by project owners about themselves on the platform is based solely on statements and documents of the project owners themselves. The sole responsibility for ensuring that this information is accurate, up-to-date and complete rests with IT Solutions PD Ltd .. An audit of the Information provided by the platform operator is not provided.
6. The platform operator's website contains links to external websites of third parties. The platform operator has no influence on the contents of these directly or indirectly linked websites. The respective provider or operator is always responsible for the accuracy of the content, which is why the platform operator assumes no liability in this regard. The external website has checked the platform operator at the time of linking to possible legal violations. At the time of linking no violations were recognizable. A constant review of all contents of the linked sites of the platform operator without actual evidence of a legal violation, the platform operator can not afford. If the platform operator becomes aware of any violations, the platform operator will remove the links immediately.
XI. Final Provisions
3. The place of jurisdiction for all disputes arising from this contractual relationship is the seat of the platform operator (Sofia, Bulgaria) vis-à-vis users who are merchants or do not have a general place of jurisdiction in Germany or in another EU member state. In all other cases the legal place of jurisdiction applies.
4. Should individual provisions of these terms and conditions be or become invalid, ineffective or unenforceable, the validity of these terms and conditions shall not be affected. In this case, the parties are obliged to replace the void, ineffective or unenforceable provisions with those provisions which come closest to the purpose pursued by the void, ineffective or unenforceable provisions in a legally permissible manner. The same applies to the case of loopholes.
5. The European Commission has set up a European online dispute resolution platform at http://ec.europa.eu/ consumers / odr /. This platform may use a consumer for out-of-court settlement of a dispute arising from online contracts with a company established in the EU. For this purpose, he must fill out an online complaint form, which can be reached at the address mentioned.
6. We point out that the following notified body is responsible as a consumer arbitration board: Arbitration board at the Deutsche Bundesbank, PO Box 11 12 32, 60047 Frankfurt am Main, www.bundesbank.de/schlichtungsstelle. We participate in dispute resolution proceedings before this Consumer Arbitration Body.
Enclosure: Model withdrawal form (If you want to revoke the contract, please fill out this form and send it back.) To IT Solutions PD Ltd., Prof. Dr. med. Ivan Stransky Street no. 1, 1700 Sofia, Bulgaria, Email: email@example.com Hereby I / we (*) revoke the contract concluded by me / us (*) for the provision of the following service: Use of the platform www.energ.io ,picture_as_pdf Download