4. Energy Usage Plans and Use of the Ecofix App

4.1 At Ecofix, you can choose from four different tariff plans for energy usage, namely Motion, Motion Online, Flexy, and Flexy Online.

4.2 Motion and Motion Online are “dynamic” energy contracts, meaning the energy price you pay is calculated based on current hourly market prices.

Flexy and Flexy Online are “variable” energy contracts where the energy price you pay is adjusted to market prices at less frequent, fixed intervals (for example, monthly or every three (3) months). These fixed intervals will be determined in the BV.

4.3 Each tariff plan provides access to the basic functionalities of the Ecofix app. However, the more advanced features are only usable for the Flexy and Motion tariff plans. For example, Motion Online or Flexy Online do not offer the option to use the Referral System as described in the BV of your Delivery Agreement.

4.4 A list of all our active products can be found at www.ecofixgp.be.

5. Right of Withdrawal

5.1 You have the right to withdraw from the Delivery Agreement without payment of any penalty or the need to provide reasons, within a withdrawal period that expires fourteen (14) calendar days from the receipt of the confirmation of the Delivery Agreement by Ecofix. To exercise this right, you must notify Ecofix of this decision via an unambiguous declaration (for example, by post, email, or in the app). You can use the withdrawal form, which you can also download from the website www.ecofixgp.be. If you explicitly request for Delivery to begin during the withdrawal period but then decide to withdraw, you will be required to pay a proportional fee for the energy already provided, calculated based on the total price.

6. Duration

6.1 The Delivery Agreement is concluded for the specified duration given in the BV. The duration of the Delivery Agreement begins on the day of the first Delivery.

6.2 The Delivery Agreement is automatically renewed for an unlimited number of times for the duration stated in the BV unless changes occur as specified in Article 15 or if Ecofix informs you at least two (2) months before the current term expires that the Delivery Agreement will not be renewed. The above does not affect Ecofix's option to terminate the Delivery Agreement in accordance with Article 13. At least one (1) month before automatic renewal, we will inform you in writing about the impending tacit renewal and the possibility of non-renewal of the agreement. This option can be exercised up to [seven (7) calendar days] before the expiration of each successive one-year term in the app, via the website, or by sending an email to hello@ecofixgp.be.

6.3 You can terminate your Delivery Agreement at any time without termination fee, by respecting a notice period of three 3 weeks. If you terminate within the first 6 months, you will pay a fixed fee (as shown in the applicable BV) pro rata for 6 months. If you terminate after more than 6 months, we will charge the fixed fee pro rata the number of actual delivery days.

6.4 Termination or non-renewal of the Delivery Agreement can only take effect once the Point of Consumption is provided with another electricity and/or gas delivery agreement or is closed, and we are no longer registered as your supplier with the Grid Operator.

6.5 Any termination of the Delivery Agreement leads to a cessation of both the delivery of electricity and/or gas and the delivery of related services.

6.6 If at the end of the Delivery Agreement there is still an outstanding amount for the Delivery, this amount will be determined based on a gradual depreciation table in relation to the remaining term of the Delivery Agreement.

7. Consumption

7.1 You will only consume the electricity and/or natural gas at the relevant Point of Consumption and never in someone else's name and/or at someone else's expense.

7.2 If you use devices to produce your own energy, you must notify us of this immediately in writing.

7.3 You must promptly notify us of any changes to your consumption data.

7.4 If you choose Energy Sharing, you should notify us immediately. If you wish to discontinue Energy Sharing, inform us 60 days in advance. For the impact of Energy Sharing on the price you pay, we will only take into account adjusted measurement data as received from the Grid Operator.

8. Delivery and Grid Operator

8.1 You enter into the Delivery Agreement with us. The Grid Operator, however, manages your network connection, ensuring the network's operation and continuity, managing power supply and consumption quality, metering equipment, installation-specific technical regulations, and the connection or disconnection of meters. We are not a party to this relationship between you and the Grid Operator and are therefore not responsible for compliance with the rules or agreements applicable in that relationship.

8.2 If the Grid Operator limits or disrupts the delivery of electricity and/or natural gas, the Delivery will also be limited or disrupted. Ecofix is not liable for this limitation and/or suspension.

9. Measurement

9.1 We receive your meter reading from the Grid Operator. If you provide us with the reading, you are responsible for its accuracy. If your provided data deviates from data available with the Grid Operator, the latter is presumed to be correct.

9.2 Both you and we can, if in doubt about the measurement's accuracy, have the metering installation examined, with the applicant covering the costs.

9.3 Adjustments to measurement data and network tariffs and the resulting billing can involve a maximum period of twelve months from the final payment date as described in Article 11, unless this adjustment is due to a third party. In that case, legally or regulatory-prescribed deadlines apply.

10. Price

10.1 The price and its composition are determined in the BV. The price calculation for Delivery Agreements with a variable price, such as Flexy and Flexy Online, is based on the indexation formula as included in the BV.

10.2 In the event of a price change, the provisions of Article 15 of these Terms and Conditions apply.

10.3 The following are directly charged to you unless otherwise specified in the BV:

• the fees, charges, levies, taxes, VAT, compensations, surcharges, and any other burdens and costs imposed on us by the competent authority or regulatory body;

• the transport costs, meter rental costs, distribution costs, costs for connecting or disconnecting the Point of Consumption, determining meter readings, any additional grid services, reactive power and peak power imposed on us by the Grid Operator.

10.4 These costs may be additionally charged to the Customer retrospectively if and to the extent that the costs were also charged to Ecofix.

10.5 All costs charged to us by the Grid Operator for services carried out at your request, on the Grid Operator’s initiative, or at our request due to your omission or fault, may be charged to you by us. We may also charge our administrative costs on top of these costs.

10.6 In case of Energy Sharing, you owe additional costs as specified in the BV.

10.7 The most recent information about our prices, products, and services can be found on the homepage of our website www.ecofixgp.be. The price comparators of the regulators can be found on the websites of the CREG (CREG scan), VREG (V-test), CWaPe (CompaCWaPe).

11. Billing and payment terms

11.1 For the billing of electricity and/or natural gas you have consumed and/or for the compensation of the electricity you have injected, we base ourselves on the measurement data made available to us and the consumption profiles communicated by the Grid Operator, in accordance with Article 9 of these Terms and Conditions. We may send you advance invoices. We calculate the amount of these advance invoices based on the data you provided, the periodic billing, your energy rate, and the Estimated Consumption in a subsequent delivery period. You can always request that we adjust the amount of the advance invoices, in which case we will inform you within a reasonable period of what response we give to that request. Against a change of the advance on our initiative, you can object in writing up to 15 days after notification. In the case of a change on our initiative, we will provide clarification of the calculation method of the new advance amount.

11.2 Provided that we have received your measurement data from the Grid Operator, we will send you an annual settlement invoice showing your actual consumption with settlement of the advance invoices already paid. In the absence of correct measurement data, we will continue to send you advance invoices pending an accounting of your actual consumption at a later date, unless the Grid Operator has provided us with estimated consumptions instead of measurement data, in which case we will send you a settlement based on this estimated consumption.

11.3 If you have a digital meter, you can request monthly billing based on your measured monthly consumption. This may also be required under the BV. In the case of monthly billing, you will no longer receive advance invoices.

11.4 If you have a digital meter, you can opt for a reading on a quarterly basis (so-called measuring regime 3). You must inform Ecofix of this by email at hello@ecofixgp.be. To switch again to a regular measuring regime where your meter is read annually or monthly, you must notify Ecofix again via email at hello@ecofixgp.be.

11.5 You can only pay our invoices to the bank account number specified on the invoice. Invoices must be paid no later than 15 calendar days from the receive date (if the invoice is sent by post, it is deemed to have been received on the third day after sending). Payment can be made by direct debit or bank transfer (without additional costs) or by other payment methods that Ecofix will possibly mention on the customer portal or the invoice. If we owe you an amount, we will refund it within the payment period as specified above, unless we are not aware of your bank account number (in which case we will make the refund within 15 calendar days after being informed of your bank account number). If you object to payment by direct debit, no additional charge is levied. You have the option to exclude your closing and settlement invoices from direct debit. The execution of the direct debit order for the closing invoice will occur no earlier than 15 calendar days after the date of receipt of the closing invoice (the receive date is the 3rd day after sending the invoice).

11.6 If either Party believes that your energy bill in the context of the Delivery Agreement contains incorrect data (other than measurement data), contact must be made with the other Party in writing within 12 months of receiving the invoice, unless applicable regulations provide for a longer period. If the complaint about an invoice is justified or requires further investigation and you have not yet paid the relevant invoice, you may suspend payment of the disputed part of the invoice until the complaint is settled. We will substantively respond to the complaint within 10 working days following receipt of the complaint (or as soon as possible after receiving the necessary information from a third party if this information is required for answering the complaint).

11.7 Late payment of one invoice results in all other invoices becoming immediately due and payable, without formal notice, even if we had granted a payment plan or a payment term for them. An unidentified payment (e.g. without structured message) by a Customer is considered a satisfaction of the oldest outstanding invoice(s).

11.8 We may charge administrative costs for sending additional invoices, duplicates, a payment plan, letters as a result of your late payment, or if a direct debit order is refused by the bank and/or postal institution, provided this is permitted by the applicable legislation.

11.9 In the event of late or incomplete payment of an invoice (including when a direct debit order is refused by the financial institution), we will send you a first reminder for payment. If your invoice is not paid within fourteen (14) calendar days after the first reminder, you will receive a formal notice. The period of 14 calendar days starts on the third working day after the date of dispatch in case of a reminder by post and on the first calendar day after dispatch in case of a reminder by email. From the formal notice, you are required to pay penalty interest at the legal interest rate on each unpaid amount until the date of full payment.

11.10 Unless other amounts are provided for by the applicable regulations, the cost is 7.5 EUR for a payment reminder. First reminders are not charged unless you have already received three previous first reminders within the same calendar year. If, after the first reminder, full payment is still not made, we may send you another formal notice, for which we may charge you up to 15 EUR.

11.11 The flat fee you owe after we have enlisted an external party to collect your unpaid invoice(s) (e.g. bailiff, lawyer, or collection agency) amounts to 20 EUR in the bracket up to 150 EUR; 30 EUR + 10% of the amount due in the bracket from 150.01 EUR to 500 EUR and 65 EUR + 5% of the amount due in the bracket from 500.01 EUR, without this fee exceeding the amount of 2,000 EUR. Penalty interest is charged from the expiry of the payment term as stated in the reminder.

11.12 The above costs do not prejudice the possibility of charging procedural costs in the event of judicial collection.

11.13 Unless the regional regulation provides for another compensation, you are entitled, in the event of an incorrect invoice or late refund due to a fault on our part, to penalty interest at the legal interest rate. Interest starts accruing the day after the day we should have made payment in accordance with Article 11.5, or from the date of your protest in the event of incorrect invoicing by our fault. We will also reimburse you for the costs of your formal notices (15 EUR) and reminders (7.5 EUR) and you are entitled to a flat compensation of 10% of the then unpaid amount if you need to resort to a third party to obtain payment.

11.14 Upon termination of the Delivery Agreement, for any reason, we will provide you with a final settlement.

11.15 If you have the status of protected consumer (as defined in article 1.1.1, 7° of the Flemish Energy Decree) or believe that you are entitled to the social tariff, you must provide us with the necessary evidence and documents as soon as possible.

11.16 The regulation regarding non-payment and concerning protected consumers applies. The costs mentioned in articles 11.10 and 11.11 will not be charged to protected consumers.

12. Liability

12.1 Without prejudice to the other provisions of the Delivery Agreement and other regulations, the Parties are only liable towards each other in the event of:

(a) non-performance of the main obligations of the Delivery Agreement, unless in case of force majeure;

(b) fraud, gross or intentional misconduct.

12.12 Compensable damage cannot exceed the amount of [**12 times your average monthly consumption of the last six months, or the duration of the Delivery Agreement if shorter**].

12.13 To the fullest extent permitted by law, the Customer and Ecofix exclude non-contractual claims against each other and against (direct and indirect) auxiliaries of the other Party for damage caused by non-compliance with an obligation or duty arising from this Agreement (or any agreements concluded in its implementation). These auxiliaries are third-party beneficiaries of that provision.

12.14 In the event of damage, each claim for compensation must be reported in writing to the other Party within 30 calendar days of the date on which the damage occurred or after the date on which the damage could reasonably have been ascertained, failing which the alleged damage is deemed not to have been caused by the alleged fault of Ecofix.

12.15 We are not liable for damage caused by malfunctioning of the network, the metering device, installations at the Point of Consumption, errors in measurement data, supply problems, voltage and frequency variations, deficiencies of the Grid Operator, nor for the consequences of failing to meet the agreements between you and the Grid Operator. We are also not liable for the quality of the exchanged data (such as standard annual consumptions, synthetic load profiles).

13. Suspension of Delivery and immediate termination of the Delivery Agreement

13.1 In the case of serious default by us, you have the right to terminate the Delivery Agreement in writing with immediate effect and without judicial intervention.

13.2 Subject to compliance with the legal and regulatory provisions on social public service obligations, we may suspend Delivery or terminate the Delivery Agreement with immediate effect, without compensation, if:

(a) you fail to meet your payment obligations or other obligations after formal notice;

(b) we request a guarantee from you in accordance with article 3.2, and you fail to provide this guarantee (in time);

(c) the Grid Operator or a competent authority imposes an interruption or cessation of Delivery;

(d) you commit fraud or resell electricity and/or natural gas supplied by us to third parties;

(e) you fail to immediately inform us of relevant elements of which you are aware that may prevent or hinder the execution of the Delivery Agreement.

13.3 Termination does not affect the right to compensation. In the case of termination in accordance with article 13.2 (d), this compensation will be at least equal to 3 months Estimated Consumption, without excluding the right to recover actual damage if greater. Notwithstanding the provisions in 11.10 and 11.11, you will not owe compensation if we terminate based on article 13.2. (a), (b), or (c).

14. Relocation

14.1 Unless otherwise stipulated, Delivery takes place at the Point of Consumption specified in the BV.

14.2 Unless otherwise provided in the BV or if you cancel the Delivery Agreement with effect from the relocation date, the Delivery Agreement will remain in force at your new address upon relocation. Ideally, you should notify us of your relocation plans thirty (30) calendar days in advance (and no later than thirty (30) calendar days after the move) and provide the following information: (1) your new or future address; (2) the EAN number(s) and the meter number at that address; (3) the date from which Delivery must commence at the new Point of Consumption and stop at your current Point of Consumption; and (4) all meter readings on the relocation date. For this, you can use the communication channels we provide, including our energy takeover document (see [**WEBSITE**]). If you inform us of your relocation later, we may charge you for electricity and/or gas at the Point of Consumption you are leaving until the day following the notification of the move unless the applicable regulation provides for a different mandatory arrangement. You will receive a final settlement invoice from us for the Point of Consumption you are leaving. No later than 30 calendar days after your move, you must provide us with the meter reading. If you do not, we reserve the right to have the meter reading determined at your expense by the Grid Operator.

14.3 Delivery at your new Point of Consumption will take place as of the date you provided us. The BV of the Delivery Agreement can be adjusted as provided in article 15 and/or depending on your new Grid Operator.

15. Amendment to the Delivery Agreement

15.1 To the extent these changes are not to your disadvantage, we may change the Delivery Agreement at any time. In such cases, we will notify you of these amended conditions at least two months before they come into effect in an individualized manner. Notification includes at a minimum a mention by letter, on the invoice, by email, or on another durable medium.

15.2 In case we do not wish to renew the Delivery Agreement in accordance with article 6.2, we will propose at least two (2) months before the end of the current annual period to change the prices and/or conditions of the Delivery Agreement for the next annual period, asking for your explicit confirmation on a durable medium. If you agree with the proposed changes, the Delivery Agreement will be amended and continued accordingly from the start of the next contract year. If you do not agree and have not changed suppliers by the end of the current term, we will continue to supply you at the prices and conditions of our cheapest equivalent product. The cheapest product can be found on the websites of the CREG (CREG scan), VREG (V-test), CWaPe (CompaCWaPe).

15.3 If, other than in articles 15.1 and 15.2, the BV is changed at your request and by mutual agreement, a new Delivery Agreement is created as soon as we have processed this change in our systems. We will inform you of this date.

15.4 Any change in your consumption or Point of Consumption may lead to a change in the Delivery Agreement and applicable rates. However, any changes to the advance amount will be made in accordance with Article 11.1, notwithstanding articles 15.1 and 15.2.

15.5 We may transfer the Delivery Agreement to a third party and will notify you accordingly. This third party will continue the Delivery Agreement under the same conditions.

16. Force Majeure

16.1 No Party can be held liable for not fulfilling its obligations under the Delivery Agreement if this non-fulfillment is due to Force Majeure (as described in article 1).

16.2 As soon as possible after a situation of Force Majeure arises, the affected Party will notify the other Parties in writing and with the necessary supporting documents.

16.3 As long as the Force Majeure situation continues, the obligations under the Delivery Agreement, except the obligation to pay money, are suspended or limited.

16.4 If the Force Majeure situation makes it impossible to continue executing the entire Delivery Agreement, the notification regarding Force Majeure will also result in the termination of the Delivery Agreement.

16.5 If the Force Majeure leads to a suspension of the execution of the Delivery Agreement for more than three (3) months, each Party is entitled to terminate the Delivery Agreement with immediate effect without any judicial intervention required.

17. Privacy Protection

17.1 As the data controller of your personal data, we process your personal data in accordance with applicable privacy regulations. We process your personal data for purposes and legal grounds described in our privacy policy as stated on our website www.ecofixgp.be under the section “privacy” (hereinafter the “Privacy Policy”).

17.2 For more information about our data retention period, profiling, automated decision-making, and data transfer of your personal data to our affiliates and third parties, we refer you to our Privacy Policy.

17.3 You have the right to object to certain processing activities mentioned in our Privacy Policy (such as providing information for promotional purposes) by contacting our commercial service.

17.4 You have the right of access, communication, correction, deletion (right to be forgotten), and data portability, as well as the right to obtain processing limitation in certain cases described in our Privacy Policy. To do so, it suffices to contact our commercial service, accompanied by a copy of your identity card.

18. Unenforceable Provisions

If any provision (or part of it) of the Delivery Agreement, including these Terms and Conditions, is void, unenforceable, or invalid, only the void, unenforceable, or invalid part will be disregarded, with the remaining part of the provision and all other provisions remaining fully in force. In such a case, only to the extent that the invalidation of the void, unenforceable, or invalid provision would result in the nullity of the entire Delivery Agreement to the disadvantage of the Customer, the void provision will be automatically and by law replaced by an alternative enforceable and legally valid provision that aligns as closely as possible with the purpose (including economic consequences) and intent of the Delivery Agreement and that closely approaches the text and purpose of the original provision.

19. Complaints and Customer Service

19.1 Our customer service can be reached by phone at 02 882 86 86, by contact form via our helpdesk page, by mail, by email (hello@ecofixgp.be), and by chat via our helpdesk page. You can also find all communication means on our website: www.ecofixgp.be/helpdesk.

19.2 For complaints, you can contact our customer service. For more information, please refer to your invoice or our website. If no common solution is found with us, you can contact the Federal Ombudsman for Energy: King Albert II-Laan 8 bus 6, 1000 Brussels, 02/211.10.60, www.ombudsmanenergie.be. If your Delivery Agreement was concluded electronically, you can also resort to the ODR platform for online resolution of your dispute (http://ec.europa.eu/consumers/odr/).

20. Applicable Law and Dispute Resolution

20.1 Ecofix supplies only to Customers who have their usual residence in Belgium. The Delivery Agreement is exclusively governed by and must be interpreted in accordance with Belgian law.

20.2 All disputes arising in connection with the conclusion, validity, interpretation, or execution of the Delivery Agreement will be settled by the competent courts at the seat of Ecofix or the residence or, in the case of an apartment owners' association, the seat of the Customer.