General Terms and Conditions
This is a translation provided for convenience. The German version of these terms is the legally binding one.
§ 1 Scope, definitions
1. Scope: These General Terms and Conditions (GTC) govern the use of the online marketplace "www.omsi24.com" or "www.app.omsi24.com", operated by OMSI 24 UG (haftungsbeschränkt), hereinafter referred to as OMSI 24, as well as the introduction and brokerage services of OMSI 24 in connection with the planning, construction, trading and brokerage of services relating to photovoltaic systems. These GTC apply to all brokerage services and introductions, regardless of whether they are set out in one or several contract documents or result in whole or in part from the information on the online marketplace and/or from further communication.
2. For the purposes of these terms, the term "customer" covers every natural or legal person as well as every partnership with (partial) legal capacity that has been registered by OMSI 24 and has received access data from OMSI 24. Customers who conclude the respective legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their self-employed professional activity are deemed consumers pursuant to section 13 of the German Civil Code (BGB). In other cases, customers are regarded as entrepreneurs pursuant to section 14 BGB.
3. Applicability of the GTC: The present General Terms and Conditions (GTC) of OMSI 24 apply exclusively. Any conflicting or deviating terms of a contracting party are hereby objected to. Deviating GTC have no legal effect unless OMSI 24 has expressly agreed to their applicability.
§ 2 Registration, conclusion and term of contract, termination
1. Registration and account activation: To use the OMSI 24 online marketplace, every customer registers by completing the registration form with their e-mail address and a password of their own choosing. The customer then receives a confirmation e-mail to verify their e-mail address and activate their account. After successful activation, the customer can use the online marketplace. The user agreement between OMSI 24 and the customer comes into effect upon activation of the account.
2. Term and termination: The user agreement is concluded for an indefinite period and may be terminated by either party at any time in writing with 14 days' notice. Termination has no effect on any obligations whose period of validity has been contractually fixed for firmly agreed periods (e.g. the commission pursuant to § 8 of these terms).
§ 3 Description of services
1. OMSI 24 provides the customer with an online marketplace designed specifically for the interaction, review, assessment and processing of contracts in connection with the acquisition and/or sale of brokered objects.
Brokered objects within the meaning of this provision are: photovoltaic systems already completed in whole or in part, photovoltaic systems to be constructed in future and the rights to photovoltaic projects, as well as combinations of items that can be classified under the aforementioned brokered objects.
2. Registered customers have the option of offering brokered objects for sale on the online marketplace as providers (referred to as "providers") or of viewing these offers as prospective buyers (referred to as "investors"). Investors can submit bids or put questions directly to OMSI 24, which are then forwarded to the respective providers. As a rule, negotiations with the providers are conducted through OMSI 24 staff.
3. OMSI 24 is not a party to the purchase agreements between providers and investors. These purchase agreements are binding exclusively on the respective providers and investors. The processing and performance of the purchase agreements takes place outside the online marketplace provided by OMSI 24. OMSI 24 does not submit purchase offers in its own name and does not accept purchase offers from customers.
4. The brokered objects and legal positions offered on the online marketplace are not owned or possessed by OMSI 24. Contracts concluded between the CUSTOMERS of the online marketplace are outside the sphere of influence of OMSI 24. OMSI 24 is not responsible for the suitability of a brokered object for a specific purpose assumed by a customer or for the success an investor has planned with the brokered object delivered/promised by the provider. The same applies to any defects of title or material defects of the contractual objects.
§ 4 General terms of use / confidentiality of information
1. The services provided by OMSI 24 (cf. the provision of § 3 of the GTC) and the information are intended exclusively for the personal and direct use of the customer and are subject to strict confidentiality. The customer is prohibited from passing on to third parties or commercially using data and information about persons, companies, products, projects, offers or firms that have become known to them through OMSI 24 without the express permission of OMSI 24. If the customer represents operating or holding companies, these companies may be named as CUSTOMERS at registration. The companies named and represented by the customer are then not regarded as third parties within the meaning of this provision.
2. The customer is obliged to notify OMSI 24 without delay of any changes to their address, personal or company data, in particular changes to the legal form of the company or the company name.
3. The access data provided by OMSI 24 for the use of the online marketplace should be kept secure in order to prevent unauthorised access by third parties.
4. The customer is responsible, within the scope of the statutory provisions, for ensuring that no unlawful acts are committed using their access data. In the event of unauthorised use of their access data, the customer is obliged to inform OMSI 24 without delay so that appropriate measures can be taken to block the access data.
§ 5 Special terms for providers
1. A provider is entitled to provide information on the online marketplace about the brokered objects they offer. In this context, the provider is obliged to place each of their brokered objects in the appropriate category and to provide a precise and comprehensive description. In particular, the provider must clearly mark any conditions, rights of withdrawal and other reservations. The brokered objects are described by entering project data in the fields provided for this purpose. In addition, the provider is obliged to provide additional project documentation. In their own interest, the provider should make available all information essential to the investor's purchase decision. This covers above all all characteristics relevant to the transaction and value-determining features of the object offered, as well as any restrictions and circumstances that could affect the value of the brokered object offered. OMSI 24 is not obliged to verify and confirm the provider's details.
2. OMSI 24 reserves the right to review every offer before publication on the online marketplace and may refuse or end publication.
3. Should changes be made to or occur in the brokered object, these must be announced on the online marketplace, where possible without delay but at the latest within 5 days, by updating the project information and project documentation. Alternatively, notification of changes may be sent by e-mail to info@omsi24.
4. The PROVIDERS declare and warrant that they will notify OMSI 24 on their own initiative of the conclusion of follow-on transactions with CUSTOMERS. On request, they will provide comprehensive information on any follow-on transactions.
§ 6 Special terms for prospective buyers
1. The investor registers independently on the OMSI24 company website in order to use the services of the online marketplace. By registering on the website, the investor declares their interest in buying to OMSI24 and thereby expresses their wish to receive information about potential investment opportunities. After successful registration, they can view all listings with the basic information.
2. If an investor has a particular interest in a specific project, they are free to request the release of the project data. The sales team will support and advise the investor to ensure that they receive the project data they need about the project.
3. Once the investor has successfully reviewed the project data and decides to acquire the project, they sign a letter of intent. Upon receipt of the signed letter of intent, OMSI 24 releases the provider's contact details so that the investor can complete the purchase.
§ 7 Sanctions for passing on or publishing data
The investors and other customers of the online marketplace are not entitled to use the information and data made accessible to them through its use for purposes other than their own contractually agreed purposes. In particular, it is prohibited to publish, distribute, pass on, store or reproduce offer and address data, whether for payment or free of charge, or to enable third parties to do so or to take part in such acts. In the event of a breach of these confidentiality and non-disclosure obligations, claims for damages may be asserted. Furthermore, customers are not permitted to send advertising to registered customers without the prior express consent of OMSI 24. A breach of these provisions may lead to blocking and exclusion from the services of OMSI 24. Any existing confidentiality agreements between the investors and OMSI 24 remain unaffected, as do the continuing obligations to pay commission pursuant to § 8.
§ 8 Brokerage/introduction commission, follow-on commission
1. OMSI 24 charges no fee for providing the protected project documentation to investors.
2. For brokering contacts between providers and investors and for the business transactions resulting from them, OMSI 24 is as a rule remunerated by the provider. OMSI 24 is, however, entitled in individual cases to agree remuneration with the investor as well. In this context, OMSI 24 may receive remuneration from several parties involved for the same transaction. There is no obligation to disclose the amount or the specific structure of such remuneration.
3. OMSI 24's remuneration from the provider becomes due and earned as soon as contracts are concluded between the provider of a brokered object and the buyer/investor, whether for the brokered object advertised on the OMSI 24 platform or for another photovoltaic project of the provider.
4. All prices stated in these GTC and in individual offers are net plus statutory value added tax.
5. If the performance of a validly concluded contract between provider and buyer fails, OMSI 24's remuneration remains unaffected. This also applies if one or both parties withdraw from the contract, subsequently contest or cancel the contract already concluded.
6. Sellers and end buyers are obliged to disclose all transactions between them for a period of up to 2 years after the end of the marketing phase in order to prevent circumvention transactions. In the event of a breach of this obligation, a penalty payment is due. A penalty fee of 10% of the sum of the purchase prices agreed between the provider and the prospective buyer in the circumvention is charged.
7. The obligation to pay the remuneration also applies to all follow-on transactions between the buyer and the provider that the users conclude within three years of concluding an initial transaction brokered or introduced by OMSI 24. It is irrelevant whether these follow-on transactions are made through the online marketplace. These transactions must be processed exclusively through the OMSI 24 sales team. The providers are obliged to inform OMSI 24 without being asked if the buyer makes contact to enquire about buying a further project. Likewise, the prospective buyers undertake to inform OMSI 24 without being asked if the provider makes contact to offer a further project for sale.
8. Should the same offer already have been submitted to the investor elsewhere before the brokered project was released by OMSI 24, the investor is obliged to communicate this knowledge to OMSI 24 in writing with appropriate evidence within 14 days. If this is not done, the investor is not permitted to rely on prior knowledge, and OMSI 24 retains the claim to remuneration regardless of the investor's prior knowledge. OMSI 24's claim to remuneration for successful brokerage services arises regardless of whether the investor already had knowledge of the offer.
§ 9 Responsibility for content and right to indemnification
1. OMSI 24 acts exclusively as operator of the online marketplace and enables the CUSTOMER to publish their own offers. OMSI 24 is under no obligation to check the content or legal permissibility of the offers before their publication. OMSI 24 assumes no responsibility for the information provided on the platform.
2. Responsibility for the content and information published on the online marketplace lies exclusively with the customer. The customer is obliged to comply with all applicable legal provisions when publishing their offers. This covers in particular the selection, design and publication of the offers as well as the transmission and publication of project information and project documentation. It is the customer's responsibility to ensure that their actions do not constitute breaches of applicable law. Their publications may neither violate protective laws, criminal laws or regulatory provisions, nor the rights of third parties, including industrial property rights such as patents, trademarks, signs, names or personal rights.
3. The customer undertakes to indemnify OMSI 24 against all claims by third parties, of whatever kind, arising from the publication of the data and offers provided by the customer.
4. OMSI 24 is entitled to translate offers, questions and answers into the other languages of the online marketplace, also with machine assistance. Translations are for information only. The version in the language in which the customer wrote it is always authoritative; it can be shown on the project page at any time.
§ 10 Refusal and removal of database entries / blocking of the account
OMSI 24 is entitled to block a CUSTOMER's offers and access data if the CUSTOMER breaches the provisions of these GTC, applicable law, generally accepted moral standards or the rights of third parties, or if OMSI 24 has a legitimate interest in blocking the CUSTOMER. The decision on accepting new offers is at the free discretion of OMSI 24.
§ 11 Special provisions on the limitation of liability of OMSI 24
1. OMSI 24 assumes no liability for the accuracy and/or completeness of the information, tips, recommendations or advice contained on its online presence or made accessible through it.
2. Any liability of OMSI 24 for damage due to data transmission errors, data loss or incorrect reproduction of a database entry after its input is excluded, unless it is based on intentional or grossly negligent conduct of OMSI 24, its vicarious agents or legal representatives.
3. Towards entrepreneurs pursuant to section 14 BGB, OMSI 24 assumes responsibility only for damage resulting from a breach of essential contractual obligations, insofar as this is attributable to intentional or grossly negligent conduct of its legal representatives or executive employees. Liability is furthermore limited to the amount of damage typically foreseeable at the time of conclusion of the contract.
4. The above limitations and exclusions of liability do not apply to claims under the German Product Liability Act, to damage resulting from injury to life, body or health or from mandatory statutory liability provisions, or in the event of intentional or grossly negligent conduct on the part of OMSI 24.
5. OMSI 24 assumes no liability for errors in the hardware or software on the servers used for the operation or administration of the online marketplace, direct errors such as data loss on the customer's local system, transmission of viruses, unavailability or damage to the hardware and software on the customer's local IT system. The customer has no claim to completeness, accuracy or restoration of data (e.g. in the event of destruction of the databases used for the operation of the online marketplace), unless OMSI 24 acts intentionally or with gross negligence.
§ 12 Data protection
1. OMSI 24 processes customers' personal data for the specified purpose and in accordance with the statutory provisions. The personal data provided for registration or conclusion of the contract (e.g. name, e-mail address, address, payment data) is used by OMSI 24 exclusively for the performance and processing of the contract. OMSI 24 undertakes to treat personal data confidentially and not to pass it on to uninvolved third parties.
2. Customers have the right, on request and free of charge, to obtain information about their personal data stored by OMSI 24. Furthermore, they can have incorrect data corrected and, subject to statutory retention obligations, request the blocking or deletion of their data.
§ 13 Place of performance and jurisdiction / applicable law
1. For all obligations arising from or in connection with this contract, in particular payments and deliveries, Bad Saarow is the place of performance, provided the customer is an entrepreneur.
2. This contract is governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
3. If OMSI 24's contracting party is an entrepreneur, a legal person under public law or a special fund under public law, Berlin is designated as the place of jurisdiction for all disputes arising from the business relationship with the customer. Unless a mandatory statutory deviation applies, a chamber for commercial matters at the Regional Court of Berlin will have jurisdiction at first instance.
§ 14 Changes to these GTC, contract language
1. OMSI 24 reserves the right to change these GTC at any time without giving reasons. The changed terms will be sent to the customer by e-mail at least 14 days before they come into effect. If the customer does not object to the new GTC within 14 days of receiving the e-mail, they are deemed accepted.
2. The contract language is German, unless mandatory provisions provide otherwise.
§ 15 Dispute resolution and online dispute resolution
1. We undertake to settle disputes with consumers before a recognised consumer arbitration board. Consumers may contact the following body: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8 – 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
2. The European Commission's platform for online dispute resolution (ODR) was discontinued on 20 July 2025. Complaints can be addressed to the arbitration board named in paragraph 1 or, at any time, directly to the contact details given in the legal notice.
§ 16 Severability clause
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision. The same applies in the event of a gap in the provisions.