Terms and Conditions for Portal Access


to


"EWE eCap"


- the EWE GASSPEICHER GmbH storage capacity platform -


 

1. General provisions

1.1.

On its website at www.ewe-gasspeicher.de, EWE GASSPEICHER GmbH (hereinafter "EWE") publishes the storage capacities available in its storage facilities. All and any information needed to conclude a contract can be accessed here freely without logging into the system. It is also possible to submit informal enquiries regarding storage capacities through the website.

1.2

In addition, EWE offers the following services on the storage capacity platform "EWE eCap" (hereinafter "eCap"), which is accessible via the EWE website or at b2b.ewe-gasspeicher.de/ecap:

Use of the EWE storage capacity platform eCap is subject to prior registration and login.

The eCap Terms and Conditions for Portal Access contain the rules for access to and registration for eCap and the general conditions for use of the storage capacity platform.

 

2. Registration and prequalification

2.1

Use of the storage capacity platform eCap requires registration and prequalification.

Registration is open to all companies registered in the German register of companies or in a comparable register for foreign companies.

Registration is possible for all natural persons (hereinafter "Portal Users") authorized to represent their company (hereinafter "Company").

2.2

For successful registration, the following steps must be completed:

The registration of the Portal User and of the Company represented by the former is thus completed.

2.3

Within one week from the date of registration of the Portal User, EWE will check the registration and, if all required documents have been submitted and the registration form fully and accurately filled in, confirm registration. Following the check, which will also comprise a liquidity check, EWE will send an email to the email address provided by the Portal User, informing her/him that the user account has been activated.

Once registration is completed, the Portal User is entitled to access and manage her/his personal user account and to take part in calls for tenders for EWE storage capacities on behalf of the Company.

If the data of the Portal User or of the Company change, the Company must promptly provide the new data to EWE, i.e. adjust the user account on eCap.

2.4

Every registered Portal User is able to add additional Portal Users for the same Company. Alternatively, additional Portal Users of the same Company can be registered directly through EWE on request.

To register additional Portal Users, an authorized person of the Company must sign the Power of Attorney supplied by EWE on eCap. The Power of Attorney confirms that the new Portal User is authorized to represent the Company on eCap alongside the existing Portal User.

On completion of registration, EWE will send the new Portal User an email to the email address provided, with a link for confirming the email address and for activating the automatically generated user account. As soon as the new Portal User confirms the email address she/he provided, EWE will send the new Portal User another email, containing a link enabling the new Portal User to create a personal password.

Within one week from registration of the new Portal User, EWE will check the requested data and documents and confirm registration if all requirements have been met by email.

2.5

EWE reserves the right to cancel the registration and/or deactivate the account of Portal Users and/or Companies, in particular in the event that it becomes aware that the data provided is inaccurate.

Portal User and the Company are entitled to cancel the registration and/or deactivate it. In the event of cancellation (according to article 21 GDPR (German: DSGVO)), EWE is obliged to promptly delete the data provided observing the applicable data protection law (in analogy to article 17 (1) GDPR (German: DSGVO), right to erasure), unless the data is mandatory for processing a contractual relationship already established between the Company and EWE. In this case, the data shall be deleted promptly when the above-stated reasons cease to apply.

 

3. Confidentiality and data protection

The eCap access data must be kept secret, protected from third party access, and may not be passed on. In the event of misuse of access data by a third party, the Company shall be liable to EWE for damages.

For the general duration of use of eCap as well as for the duration of participation in calls for tenders for storage capacities and resulting possible awards of contract, EWE is entitled to store and use the data provided by the Portal User(s) in the registration process. Should notice of termination of the business relationship between EWE and the registered Company, including its company representatives (Portal User) have been given, any personal data of the Portal User(s) collected will be deleted (article 17(1) GDPR (German: DSGVO) right to erasure).

 

4. Technical availability 

The storage capacity platform EWE eCap can only be used within the limits of the current state of the art and technical availability.

EWE is entitled to temporarily restrict or discontinue the use of eCap if this is necessary to ensure the security and integrity of the IT systems. Availability of eCap may also be restricted for the purpose of implementing technical measures for a trouble-free recovery of the storage capacity platform. In the event of unforeseen technical malfunctions, in particular power supply failures or a hardware or software error, use of eCap may equally be restricted. In such cases, the Portal User shall not be entitled to full use of the storage capacity platform.

In the event of a restricted availability of the platform for technical reasons, EWE shall make economically reasonable efforts to promptly remedy the malfunction and to restore trouble-free operation.

EWE will inform the Portal Users in the event that availability of the storage capacity platform is restricted.

During a period of restricted availability of eCap, it is not possible to submit bids in the context of calls for tender. If a technical malfunction occurs during a call for tenders, the call for tenders and the deadline for submission of bids will not be affected. Bids already submitted shall remain valid. New bids, stating the company data and the bid parameters relevant to the specific call for tenders, can be submitted until the end of the call for tenders by e-mail to speicher@ewe.de or by fax to +49 441 35010-209.

EWE reserves the right to interrupt and/or cancel the call for tenders in the event of technical malfunction.

 

5. Law and jurisdiction

The provisions of the Terms and Conditions for Portal Access shall be governed by and construed in accordance with German law, to the exclusion of its conflict of laws principles.

EWE and the Portal User shall endeavour to settle all disputes related to the present Terms and Conditions for Portal Access by way of negotiation.

The exclusive - including international - place of jurisdiction for all disputes arising from the Terms and Conditions for Portal Access is the registered office of EWE in Oldenburg (Oldenburg). However, EWE also has the right to bring legal action at the general place of jurisdiction of the Portal User.

Terms and Conditions for Portal Access to the "eCap" storage capacity platform
Version of August 2021

EWE GASSPEICHER GmbH, Rummelweg 18, 26122 Oldenburg