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KOYO BUILDING 6F 1-10-17 Hamamatsu-cho,Minato-Ku,

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Service Enrollment Form

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1.2.3.4.5.6.7.8.9.

10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.

ApplicationDefinitionUnit and Rounding of FractionsDetails of EnforcementChange of Supply TermsApplication for Electricity Supply ContractCreation of Contract and Contract TermConsumption LocationUnit of Supply ContractCommencement of SupplyUnit of SupplyLimitation of AcceptanceChargesCommencement Date of Application of ChargesMeter Reading DatePeriods for which Charges are CalculatedMeasurement of Used Electrical EnergyCalculation of ChargesPayment Obligation and Payment Date of ChargesPayment MethodsInterest for Late PaymentAppropriate ContractEntry to Consumption Location for Operational PurposeCustomer’s Cooperation for Electricity UsageSuspension of Supply

26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.41.42.43.44.45.46.47.48.

Release of SuspensionCharge during Suspension of SupplyPenaltyLimitation and Suspension of UsageDamage due to Limitation and SuspensionLimitation of LiabilityCompensation for FacilitiesModification of Electricity Supply ContractChange of NameTermination of Electricity Supply Contract by Customer Charge at Change or Termination of Contract before Supply Termination of Electricity Supply Contract by UsTransfer of Rights and Obligation and Liability after TermAmendment of Consumption Tax LawsConstruction Allocation for Supply FacilitiesInstallation of MeterCustomer’s Cooperation for InvestigationCustomer’s Cooperation for SafetyExclusion of Anti-Social ForcesCustomer’s Compliance with Wheeling Contract Terms Governing LawJurisdictionApplication of Terms and Conditions

2163849-v5\TOKDMS

ELECTRICITY SUPPLY TERMS AND CONDITIONS

dated[April 28, 2017]

updated[May 8, 2019]

byXOOM ENERGY JAPAN GK

Mail-Order EnrollmentXOOM Energy Japan: May 8, 2019

ELECTRICITY SUPPLY TERMS AND CONDITIONS 1 2163757-v3\TOKDMS


XOOM Energy Japan: May 8, 2019

ELECTRICITY SUPPLY TERMS AND CONDITIONS I. General Provisions

1. Application

We agree to supply low voltage electricity to you in accordance with the electricity supply terms and conditions set forth herein (the “Supply Terms”).

2. Definition In these Supply Terms, the following words and expressions shall have the meanings hereby assigned to them:

(1) "Transmission Service Provider" means the transmission service provider defined under Article 2.1.9 of the Electricity Business Act which transmits electricity to your consumption location.

(2) "Wheeling Contract Terms" means the wheeling contract adopted by the Transmission Service Provider. (3) “Low Voltage” means the standard voltage of 100 or 200 volts. (4) “Electric Light” means lighting equipment with incandescent bulb, fluorescent bulb or mercury lamp (including auxiliary equipment). (5) “Small Equipment” means Low Voltage electrical equipment, other than Electric Lights, used in single-phase mainly in residence,

shops or offices, except equipment which disturbs or may disturb other customers’ use of electrical light due to significant fluctuations in voltage.

(6) “Motivity” means electrical equipment other than Electric Lights or Small Equipment. (7) “Contracted Load System” means the usable load system under the supply contract. (8) “Contract Current” means the maximum current (ampere) available under this supply contract, which is converted in simple-phase

AC two-wire system with the standard voltage of 100 volt. (9) “Contract Capacity” means the maximum capacity (kilovolt-ampere) available under this supply contract. (10) “Contract Electrical Power” means the maximum electrical power (kilowatt) available under this supply contract. (11) “Explanation of Supply Conditions” means the explanation of charges and other supply conditions under Article 2-13 of the

Electricity Business Act. (12) “Provision of Documents Before Completion of Contract” means the provision of documents containing charges and other supply

conditions under Article 2-13 of the Electricity Business Act. (13) “Provision of Documents After Completion of Contract” means the provision of documents containing charges and other supply

conditions under Article 2-14 of the Electricity Business Act.

3. Unit and Rounding of Fractions In these Supply Terms, units and rounding of fractions when calculating charges shall be as follows: (1) Unit of capacity of each contract load system shall be 1W or 1VA and its fractions shall be rounded to the nearest whole number. (2) Unit of contract capacity shall be 1kVA and its fractions shall be rounded to the nearest whole number. (3) Unit of Contract Electrical Power shall be 1kW and its fractions shall be rounded to the nearest whole number. (4) Unit of consumed electrical energy shall be 1kWh and its fractions shall be rounded to the nearest whole number. (5) Unit of the total amount of charges and other calculation shall be 1 yen and its fractions shall be truncated to the nearest whole

number.

4. Details of Enforcement Details necessary for enforcement of the Supply Terms shall be decided by consultation between the customer and us in accordance with the intent of these Supply Terms. 5. Change of Supply Terms (1) We reserve the right to unilaterally amend the Supply Terms if the Wheeling Contract Terms are amended, if change in law or

regulation requires the Supply Terms to be amended, or if we otherwise determine that such amendment is necessary. The amended Supply Terms shall apply to the provision of electricity hereunder from and after the date of such amendment. Amended Supply Terms shall be announced by publishing such terms on our website.

(2) The customer agrees that, except where Article 5(3) applies, our obligation to provide an “Explanation of Supply Conditions and Provision of Documents Before Completion of Contract” and a “Provision of Documents After Completion of Contract” shall be limited to the following: (a) in relation to “Explanation of Supply Conditions and Provision of Documents Before Completion of Contract” with

respect to amendments to the Supply Terms, we shall explain and provide information only for the issues being amended and such explanation and information shall be provided via methods which we consider appropriate ("our chosen methods"), including by post, by publication on the internet or by email; and

(b) in relation to “Provision of Documents After Completion of Contract” with respect to amendments to the Supply Terms, we shall provide our name and address, the contract date, the amended issues and the supply point identification number via methods which we consider appropriate.

(3) If non-substantive amendments are made to the Supply Terms, including technical changes required by amendment or abolition of laws or regulations, the customer must accept, in relation to the “Explanation of Supply Conditions and Provision of Documents




Before Completion of Contract” with respect to such amendments, that amended issues will be explained without provision of documents before or after completion of the amendments.

II. Application for Supply Contract

6. Application for Electricity Supply Contract A customer may apply to enter into a new supply contract by submitting an application in our approved form, under which the customer approves the Supply Terms.

6.2 Deposit (1) In the case that one or more of the following conditions applies to a customer, we may request a deposit amount of no more than

three months of the expected monthly electricity invoices in order to begin or to continue providing service. (i) The customer does not pay by the due date (ii) The customer starts a new account with us, or increases their contract power, and either of the following occurs: (a) the

customer does not pay by the due date for existing supply accounts (including the one already terminated), (b) we expect the customer will not pay by the due date,

(iii) The customer satisfies other criteria set by us. (2) Estimated monthly charges are calculated based on the customer’s load, operating conditions etc. (3) We can set the period for deposit at our discretion. If the customer is requested to establish a deposit based on below, we will set

the deposit period again from that time. (4) We may apply the deposit to the customer payment amount in case the contract is terminated or when the customer does not pay

the fee by the due date. We shall return the remaining amount. We may ask for another deposit according to (1). (5) We will not place interest on the deposit. 7. Creation of Contract and Contract Term (1) The supply contract shall come into force when we accept the application by a customer. (2) The contract term commences on the day on which the supply contract comes into force in accordance with Article 7(1) above and

ends when it is terminated in accordance with its terms.

8. Consumption Location The consumption location is determined in accordance with the Wheeling Contract Terms. 9. Unit of Supply Contract In principle, we will enter into one supply contract per consumption location except in situations where we deem multiple supply contracts for 1 location or 1 contract for multiple location to be appropriate. 10. Commencement of Supply (1) After necessary procedures, we shall commence supply from a commencement date. The commencement date is determined as

follows and shall be notified to the customer in writing: (a) if the customer is switching from another supplier, it shall be the date of the first meter reading following completion of

the procedures required for such supply; or (b) if the customer requires new supply due to changing their residence, it shall be the date designated by the customer,

provided that if the customer starts using electricity at the consumption location without any supply contract in place, the supply is deemed to have commenced from the date on which the customer commenced electricity use.

(2) We reserve the right to not start supplying electricity from the designated commencement date due to causes attributable to the Transmission Service Providers or any other reasons.

11. Unit of Supply The unit of electricity supply shall be determined in accordance with the Wheeling Contract Terms. 12. Limitation of Acceptance We may reject the whole or any part of an application for a supply contract due to requirements of law, the availability of electricity for supply, circumstances relating to the supply facilities, your payment records and any other reason. III. Charges

13. Charges (1) Details of charges are in the Electricity Charge Plans. (2) The application conditions, electricity supply formula, supply voltage and frequency, supply electrical power and other details are

as set out in the Electricity Charge Plans.




IV. Calculation and Payment of Charges

14. Commencement Date of Application of Charges Charges shall be applied from the date of commencement of electricity supply. 15. Meter Reading Date The Transmission Service Provider will perform meter reading every month. 16. Periods for which Charges are Calculated Charges shall be calculated on a monthly basis (with electricity usage on the measuring date for the preceding month included and electricity usage on the measuring date for the current month excluded). For the first period in the term, charges shall be calculated based on electricity usage from the commencement date to the day preceding the measuring date. For the last period of the contract term, the charges shall be calculated based on electricity usage from the preceding measuring date to the date of termination. 17. Measurement of Used Electrical Energy (1) Electricity usage shall be measured by the meter installed by the Transmission Service Provider. The results of such measurements

shall be notified to the customer by our chosen methods. (2) If electricity usage is not measured properly due to meter malfunction, the electricity consumption for the relevant period of

calculation shall be determined through consultation between the customer and us based on the consultation standard provided in the Wheeling Contract Terms.

18. Calculation of Charges (1) The period for calculating charges shall be one month, except in the following circumstances (even if charges for several periods of

calculation become due at once, such charges shall be calculated based on each period of calculation): (a) when the term of supply commences or is terminated; and (b) if there is a change in the rate of charges due to changes in contract type, contract load system, contract capacity,

contract electric power, supply voltage, etc.

(2) Where either Article 18(1)(a) or (b) applies, the basic charge will be calculated based on the number of days as follows: basic charge × number of days applicable for calculation ÷ 30 days

(3) For the electric energy charges in Article 18(1)(a) or (b), the electricity consumption will be calculated based on the number of days on a tiered basis.

(4) As for the Monthly Base Charge, in the event that your contract amperage or kVA value is changed while in contract with XOOM, the invoice associated with the period during which the change occurred may be calculated using the value prior to the change. All invoices going forward will be calculated using the changed contract amperage or kVA value.

19. Payment Obligation and Payment Date of Charges (1) Charges incurred hereunder shall be due for payment by the customer on invoice dates. Where this supply contract is terminated,

the charges incurred up to the termination date shall become payable on the date of termination. (2) Electricity charges are due for payment 20 days from the date such charges become payable. (3) Electricity charges of less than 1,000yen may be added to and charged together with the following month’s electricity charges. 20. Payment Methods (1) The Customer must pay any amounts due under a supply contract to the financial institution designated by us every month and

construction allocation costs as they occur. Any bank or other administrative charges in connection with the making of the payment shall be borne by the customer.

(2) Payment shall be made in the order of payment obligations. (3) We may assign our claim over the customer’s payment under the supply contract. The customer shall consent to such assignment

in advance.

21. Interest for Late Payment (1) If the customer fails to pay charges by the due date, interest and other administration fees elected by us will accrue on the overdue

amount for the period from the date following the due date until the day on which payment is made, provided, however, in the following cases, we do not demand interest and other administration fees: (a) if the customer makes payment by bank transfer and the payment is deducted from the customer’s designated account

after the due date due to our fault; or (2) Late payment interest shall be calculated as the amount of interest on the unpaid balance in question less the consumption tax

equivalent, not to exceed 14,6% annually. For the purpose of calculating the interest for the late payment, in the event that your contract amperage or kVA value is changed while in contract with XOOM, the invoice associated with the period during which the change occurred may be calculated using the value prior to the change. All invoices going forward will be calculated using the changed contract amperage or kVA value. The consumption tax equivalent shall be calculated as follows:

consumption tax equivalent included in the fee = fee × consumpton tax rate ÷ (1 + consumption tax rate)

(3) The interest for late payment must be paid the due date designated by us.




V. Usage and Supply

22. Appropriate Contract If we consider the customer’s supply contract type to be inappropriate based on the actual usage, we may require the contract to be changed to a more appropriate contract. 23. Entry to Consumption Location for Operational Purpose We or the Transmission Service Provider may enter the customer's land or building with the customer’s consent if we consider it necessary for operational reasons. In case we or the applicable Transmission Service Provider request that the customer provide consent to such entry, the customer must provide its consent unless there are legitimate reasons for refusal. Our personnel or the applicable Transmission Service Provider’s personnel, as applicable, will display their identification to the customer if requested by the customer. 24. Customer’s Cooperation for Electricity Usage (1) If the customer’s use of electricity disturbs or potentially disturbs other customers’ use of electricity, or hinders or potentially

hinders our or the Transmission Service Providers’ electrical equipment, due to the reasons set forth below, the customer must install at the customer's cost the necessary adjustment device or protective device at the consumption location or must change supply facilities or install at the customer's cost special supply facilities in order to address such problems. (a) loads in each interphase are imbalanced due to the loads’ features; (b) voltage or frequency significantly fluctuates due to the loads’ features; (c) waves are significantly distorted due to the loads’ features; (d) significant high-frequency or high-harmonic wave happens; or (e) other similar conditions.

(2) If the customer connects their generation facility with the Transmission Service Providers’ supply facilities, the provisions of Article 24(1) will apply.

(3) The customer shall secure necessary land for construction and maintenance of the facilities owned by us or the Transmission Service Provider.

25. Suspension of Supply (1) The Transmission Service Providers may suspend the supply of electricity to the customer under the following circumstances:

(a) where suspension is required due to emergency or safety reasons attributable to the customer; or (b) if the customer damages or loses electrical equipment in the consumption location and/or causes significant damages to

the Transmission Service Provider. (2) If any of the following apply to the customer and the customer does not correct such action despite our or the Transmission

Service Provider’s warning, the Transmission Service Provider may suspend the supply of electricity to the customer: (a) if the customer causes danger; (b) if the customer illegally uses electricity by making adjustments to the electric equipment; (c) if the customer uses a load system which is different from the contract load system; or (d) if the customer does not take necessary actions under article 24 (Customer’s Cooperation for Electricity Usage)

26. Release of Suspension Where electricity supply is suspended under Article 25 (Suspension of Supply) but the customer subsequently corrects the cause of suspension, the supply of electricity will restart. 27. Charge during Suspension of Supply If the supply of electricity is suspended under Article 25 (Suspension of Supply), we shall charge for the suspended period as part of the relevant calculation period for basic charges. 28. Penalty If the customer does not incur charges for electricity consumption due to a suspension of electricity supply under Article 25(2)(a) or (b), we may require the customer to pay three times as much as the avoided amount as a penalty. 29. Limitation and Suspension of Usage The Transmission Service Providers may limit or suspend the customer’s usage of electricity under the following circumstances: (1) if the supply facilities operated and maintained by the Transmission Service Provider suffer damage or is likely to suffer damage; (2) in the case of inspection, repair, changes or other required actions on the supply facilities operated and maintained by the

Transmission Service Provider; (3) if the Transmission Service Provider considers necessary for other electricity supply or for a safety reason; or (4) in the case of force majeure.

30. Damage due to Limitation and Suspension We shall not be liable for any damage to the customers caused by a limitation or suspension of the customer’s use of electricity under Article 29 (Limitation and Suspension of Usage) by the Transmission Service Provider.




31. Limitation of Liability (1) We shall not be liable for any damage suffered by the customer resulting from failure to supply electricity due to any reasons not

attributable to us. (2) If electricity supply is suspended under Article 25 (Suspension of Supply) or if a supply contract is terminated under Article 37

(Termination of Electricity Supply Contract by Us), we shall not be liable for any resulting damage incurred by the customer. (3) We shall not be liable for any damage incurred by the customer caused by electricity leakage or any other accidents. (4) We shall not be liable for any damage suffered by the customer caused by force majeure, such as natural disaster, war or uprising. 32. Compensation for Facilities If the customer intentionally or accidentally damages or loses our or the Transmission Service Providers’ electrical equipment at the consumption location, the customer must pay compensation as follows:

(a) if it is repairable: the repair costs (b) if it is lost or cannot be repaired: the sum of book value and replacement costs

VI. Modification or Termination of Contract 33. Modification of Electricity Supply Contract If the customer wishes to amend the supply contract, the customer may apply to amend using our approved form. 34. Change of Name If a new customer succeeds the existing customer’s rights and obligations relating to the use of electricity due to inheritance or other reasons and wishes to continue the use of electricity, such new customer may apply to transfer the supply contract to their name using our approved form. 35. Termination of Electricity Supply Contract by Customer If the customer intends to terminate the supply contract due to the customer’s change of residences, the customer must decide the termination date and provide us notice thereof using our approved form. The applicable Transmission Service Provider and we will take necessary actions to terminate the electricity supply at the requested termination date. The supply contract will be terminated at the requested termination date unless terminated under Article 37 (Termination) or the following cases apply:

(a) if we receive the customer’s termination notice after the requested termination date, the supply contract will be terminated when we complete necessary actions after such notice; or

(b) if we cannot take actions to terminate the supply for reasons not attributable to us (except in case of force majeure), the supply contract will be terminated when it becomes possible to take such actions.

36. Charge at Change or Termination of Contract before Supply (1) If the customer terminates the supply contract or reduces contract capacity or contract electric power within the first year after (i)

commencement of electric use under a supply contract or (ii) customer’s increase of the contract capacity or contract electric power, the customer shall be responsible for paying all charges and fees payable to the Transmission Service Providers under the Wheeling Contract Terms resulting from such termination or reduction.

(2) If the customer terminates the supply contract, we may require the customer to pay certain fees in addition to the charges and fees set out in Article 36 (1).

37. Termination of Electricity Supply Contract by Us We may terminate the supply contract on 15 days notice to the customer if any of the following circumstances apply to the customer: (1) the customer does not remove the reason which has caused the suspension of electricity by the due date decided by us; (2) the customer changes their residences without notifying us and we determine that electricity is not being used; (3) the customer fails to pay charges for electricity supply by the due date; (4) the customer fails to pay changes for electricity supply under other supply contracts (including those that are already terminated); (5) the customer fails to pay any other amount owed under the Supply Terms (including penalties, construction allocation costs or any

other liabilities under the Supply Terms); (6) in case any information stated in the application form (including, but not limited to, the address) is incorrect; (7) in case we cannot contact the customer via normal procedures. When the service address and billing address are not the same, we

may try to contact the customers at both addresses. (8) the customer becomes insolvent, including cases where the promissory note that the customer issued or accepted or the check

that the customer issued are suspended from transaction with banks; (9) the customer files, or becomes subject to, a bankruptcy proceeding, rehabilitation proceeding, reorganization proceeding, special

liquidation proceeding or other similar legal proceedings; (10) the customer becomes subject to a foreclosure sale as compulsory execution or repossession; (11) the customer is penalized for late payment of taxes; or (12) the customer breaches any provision of these Supply Terms.




38. Transfer of Rights and Obligation and Liability after Term We shall be able to assign or transfer any contractual position, rights, and obligations based on contracts or other such documents between the customer and us to a third party. In case of doing so, we will inform about the third party by means we deem appropriate. The customer cannot assign or transfer any contractual position, rights, and obligations based on contracts or other such documents between the customer and us to a third party unless approved by us in writing. Liabilities arising during the supply contract term shall not be extinguished by termination of the supply contract. 39. Amendment of Consumption Tax Laws Where any amendments occur to consumption tax laws, the electricity charges will be recalculated based on the amended law after the new law becomes effective. In this case, any prices inclusive of consumption tax shall be amended into the price including newly calculated consumption tax amount. VII. Construction and Construction Allocation Cost

40. Construction Allocation for Supply Facilities (1) When the customer commences the use of electricity or increases contracted electric power, and as a result, installation of new

electric distribution facilities or special supply facilities is required, or a customer chooses to change supply facilities, the customer must pay for the costs of such installation or changes demanded by the Transmission Service Providers under the Wheeling Contract Terms and for any administrative fees or other fees.

(2) If the supply contract is terminated due to the customer’s request after installation of whole or part of the facilities necessary for the supply of electricity, we will require the customer to pay the costs payable to the applicable Transmission Service Provider under the Wheeling Contract Terms and any required administration fees and other fees.

41. Installation of Meter (1) All meters and accompanying facilities (meter box and communication device to send out meter information) necessary for the

supply of electricity shall be owned and installed by the applicable Transmission Service Provider at its own cost. However, if accompanying equipment is installed at the Contractor’s request or if construction costs for the installation of secondary lines to transformers required to supply electricity to the customer are too high, such equipment or facilities shall be owned and installed by the customer at their cost.

(2) Meters and accompanying facilities will be installed where it is convenient for measurement, tests, instalment and removal upon consultation between the customer and the applicable Transmission Service Provider.

(3) The customer must provide the installation location for meters and accompanying facilities without compensation. The applicable Transmission Service Provider may use any facilities which the customer installs under Article 41(1) without charge.

(4) If there are changes in the installation location for meters and accompanying facilities due to the customer’s request, the customer must pay an amount equivalent to the actual cost calculated by the applicable Transmission Service Provider.

VIII. Safety 42. Customer’s Cooperation for Investigation If the customer makes any changes to electrical equipment, the customer must notify the applicable Transmission Service Provider or an investigation agency registered with METI upon completion of such construction. 43. Customer’s Cooperation for Safety (1) The customer must notify us immediately if any of the circumstances below arise.

(a) if the customer finds an irregularity or defect in any service wires, a meter, or other equipment owned by us or the Transmission Service Providers within the consumption location, or suspects that abnormality or damage is likely to happen to them; or

(b) if the customer recognizes that an irregularity or defect on the customer’s electrical equipment may affect our facilities or the Transmission Service Providers’ facilities.

(2) The customer must notify us if the customer installs, changes or repairs objects which may directly affect our or the Transmission Service Providers’ electrical equipment such as meters. If they are installed, changed ore repaired and are found to directly affect our supply facilities, the customer notifies us immediately. In this case, we may ask the customer to change details if necessary for safety.

IX. Exclusion of Anti-Social Forces 44. Exclusion of Anti-Social Forces (1) The customer represents and specifically covenants that both currently and in the future they are not a criminal organization, a

member of a criminal organization, a member of a criminal organization within the past 5 years, a quasi-member of a criminal organization, a an organization affiliated with a criminal organization, a racketeer group (soukaiya), an organization engaging in criminal activities under the pretext of conducting social campaigns, a criminal organization specialized in intellectual crimes, etc., or another entity which corroborates with such (a “Criminal Organization”), or an entity with any of the following attributes: (a) admitted to being controlled by a Criminal Organization; (b) admitted to substantively contributing to the operations of a Criminal Organization;




(c) admitted to unjustly using a Criminal Organization for the purpose of one’s own personal, one’s own corporate, or a third party’s illegal profit, or for the purpose of doing harm to a third party;

(d) admitted to contributing funds etc. or furnishing accommodations etc. to a Criminal Organization; or (e) individuals which are executives or are substantively contributing to operations have been socially criticized as being a

Criminal Organization. (2) The customer shall not alone or through the use of a third party commit any actions which fall within the following paragraphs:

(a) make a violence-based claim or request; (b) make unjust claims made beyond what legal liability may have permitted; (c) acts utilizing violence or threatening words or actions in relation to a transaction; (d) acts of circulating rumours or using force or fraudulent means to defame the trust of another party, or to interfere with

the operations of another party; and (e) other acts which are comparable to those listed in the above paragraphs.

(3) The supply contract may be terminated by us where it is proven that the customer is a member of a criminal organization or is applicable to paragraph 1 above or has conducted an act delineated in paragraph 2 above, or provided a falsified declaration in relation to the representations or specified covenants under Article 44.1.

X. Other

45. Customer’s Compliance with Wheeling Contract Terms The customer must comply with the provisions in the Wheeling Contract Terms relating to customers or users. 46. Governing Law These Supply Terms are governed by and construed in accordance with the law of Japan. 47. Jurisdiction The parties submit to the exclusive jurisdiction of the Tokyo District Court as the exclusive court of first instance in resolving any dispute that arises between them in relation to this supply contract. 48. Application of Terms and Conditions These Supply Terms become effective on April 28, 2017.

SUMMARY OF MATERIAL TERMS AND CONDITIONS 1


XOOM Energy Japan: 8 May, 2019

Summary of Material Terms and Conditions This Summary of Material Terms and Conditions explains to customers in an easy-to- understand manner the details of the Electricity Supply Terms and Conditions between the customer and the Company in lieu of providing an explanation of the Supply Terms and Conditions and providing documents before completion of contract pursuant to Article 2- 13(1) of the Electricity Business Act. 1. Application method The customer will accept the Company’s “Electricity Supply Terms and Conditions” and will apply therefor in accordance with the form approved by the Company.

2. Creation of Electricity Supply Contract and Contract Term

(1) An Electricity Supply Contract will be created once the Company accepts an application therefor from a customer. (2) The contract term will be from the day the Electricity Supply Contract is created until the day the Electricity Supply Contract

is terminated.

3. Commencement of Electricity Supply The Company shall supply electricity from the commencement date, after completing the specified procedures. The commencement date in these circumstances will be as follows, and the Company shall notify the customer of the commencement date in writing.

(1) If the electricity supply commences by replacing another retail electricity utility, the commencement date will, in principle, be the subsequent meter reading date after the specified procedures are complete.

(2) If the electricity supply newly commences due to a reason, such as moving, the commencement date will, in principle, be the date requested by the customer. The commencement date, however, will be the date the electricity supply commences, if the electricity supply commences in the relevant consumption location under the circumstances of no contractual relationship existing with any retail electricity utility and an Electricity Supply Contract is later concluded with the Company.

4. Calculation method for charges, calculation period, meter reading date, and measurement date

(1) Charges will be calculated based on the contract plan. The application conditions, electricity supply formula, supply voltage and frequency, supply electrical power, and other details of the electricity supply are specified in the contract plan. The charges will apply from the commencement date, in principle.

(2) The calculation period for the charges is the period from the measuring date of the previous month until the day before the measuring date of the relevant month. If the electricity supply was commenced, however, the calculation period will be the period from the commencement date until the day before the measuring date immediately after the commencement date; furthermore, if the Electricity Supply Contract is terminated, the calculation period will be the period from the measuring date immediately preceding the termination until the day before the termination date.

5. Liability for construction costs

(1) The Company will request from the customer the relevant construction costs and the fees necessary for their payment, if the Company is required to be liable for the construction costs pursuant to the transportation service provisions of power transmission providers. The Company will request from the customer the costs required pursuant to the transportation service provisions of power transmission providers as well as the fees required for their payment, after the installment of some or all of the facilities required for the electricity supply, if the Electricity Supply Contract is terminated due to the customer’s circumstances, before the start of supplying electricity.

(2) The meters and accompanying facilities (meter box and communication device to send out meter information) necessary for the electricity supply will be owned, in principle, by the transmission service provider, and will be installed by the transmission service provider at its own cost. The customer, however, will own accompanying equipment, such as transmission lines and construction for secondary lines, especially accompanying equipment requiring a high cost; in addition, the customer will install such accompanying equipment at its own cost.

6. Payment obligation of charges, payment methods, payment date of charges, and payment due date

(1) The date when charges are subject to a payment obligation will be the invoice date for the charges. The date will be the termination date, however, if the Electricity Supply Contract is terminated. The payment due date will be 20 days after the day following the payment obligation date, in principle.

(2) The Company will receive payment for monthly electricity supply charges through a financial institution specified by the Company, as well as for charges including construction costs and other charges as the occasion arises. The customer, however, will be liable for the bank processing fees, if the customer pays through a bank wire transfer.

(3) The Company will request delay interest corresponding to the number of days for the period from the day following the payment due date until the payment date, if the customer does not pay the charges by the payment due date. Late payment interest shall be calculated as the amount of interest on the unpaid balance in question less the consumption tax

SUMMARY OF MATERIAL TERMS AND CONDITIONS 2


XOOM Energy Japan: 8 May, 2019

equivalent, not to exceed 14,6% annually. For the purpose of calculating the interest for the late payment, in the event that your contract amperage or kVA value is changed while in contract with XOOM, the invoice associated with the period during which the change occurred may be calculated using the value prior to the change. All invoices going forward will be calculated using the changed contract amperage or kVA value.

7. Modification or termination of Electricity Supply Contract (1) The customer shall submit an application to the Company in accordance with the form approved by the Company, if the

customer wishes to modify the Electricity Supply Contract. (2) The customer should specify in advance the date it wishes to terminate its Electricity Utility Contract, and notify the

Company by the method approved by the Company, if the customer intends to terminate its Electricity Utility Contract due to a reason, such as moving. The Electricity Utility Contact will be terminated on the requested termination date notified by the customer, in principle.

(3) The Company shall terminate the Electricity Utility Contract with the customer, if the customer falls under the specified termination conditions set forth in the Electricity Supply Terms and Conditions.

8. Calculation of charges due to change or termination of Electricity Supply Contract after supply starts

(1) The Company will request from the customer the calculated amount, if the Electricity Supply Contract is terminated or the customer intends to reduce its usage of contract capacity or contract electrical power after the customer starts using electricity, although less than one year has passed since the day the contract capacity or contract electrical power is newly set or increased, in the event the Company is required to calculate the charges by the transmission service provider pursuant to the transportation service provisions.

(2) The Company will request the fees specified by the Company, if the Customer intends to terminate the Electricity Supply Contract.

9. Penalties The amount equivalent to three times the entire exempted amount will be requested as a penalty from the customer, if the Customer fraudulently uses electricity by a modification to the electrical equipment, or the like, or uses electricity by a load system other than the contracted load system, and as a result thereof payment for all or part of the charges become exempt.

10. Cooperation with access to and safety of consumption location The customer will grant access to the customer’s consumption location pursuant to the Company’s General Provisions of Electricity Supply Terms and Conditions and to the transportation service provisions set forth by general transmission service providers. Moreover, the customer might also perform necessary measures, at its own cost, for the safety pursuant to the same Electricity Supply Terms and Conditions and the same transmission service provisions.

11. Amendment to Electricity Supply Terms and Conditions

(1) The Company might amend the Electricity Supply Terms and Conditions. The same provisions post-amendment will be made known to the customer by posting on the Company’s homepage.

(2) The customer accepts in advance that the explanation about the Supply Terms, the provision of documents before concluding an Electricity Supply Contract, and the provision of documents after concluding an Electricity Supply Contract will be disclosed via the internet or sent by electronic mail, or notified to the customer by another means the Company determines is appropriate.

12. Other conditions

(1) When a customer is replacing its current contract with another retail electricity utility, it might be subject to payment of penalties or other disadvantages, and so, the customer needs to confirm the details of its current contract with the other retail electricity utility the customer entered into.

(2) This Summary of Material Terms and Conditions, the General Provisions for Electricity Supply Terms and Conditions, and the “Handling of Personal Information” are posted on the Company’s homepage.

13. Retail electricity utility and contact information Retail Electricity Utility: XOOM Energy Japan GK

(Retail Electricity Utility Registration Number: A0365) Koyo Building 6F, 1-10-17, Hamamatsucho, Minato-ku, Tokyo 105-0013

Contact information: Call center 0120-227-297 (toll-free number) Business hours: weekdays – 9:00 – 20:00; Saturdays – 10:00-17:00 (excluding Sundays, national holidays, and year-end holidays)

This Summary of Material Terms and Conditions is effective from May 8, 2019.

Personal Data Protection Policy 1


Personal Data Protection Policy Overview XOOM Energy Japan GK is committed to protecting the privacy of our customer information. This document will provide information about XOOM Energy’s policy relating to the collection, use and disclosure of personal information and of our customer's right to limit such collection, use or disclosure. All personal information relating to our customers is maintained in strict confidence by XOOM Energy and is not sold to third parties. For your protection, we utilize a Secure Socket Layer (SSL) on all pages that require you to complete personal information.

Our privacy policies and procedures are subject to change.

Identifying Purposes XOOM Energy collects personal information for a variety of purposes related to your request for services from XOOM Energy. Personal information is used to verify, process and administer your product and service requests, assess credit-worthiness, maintain our commercial relationship with you, and analyze, understand and respond to your service needs. XOOM Energy also analyzes and uses customer information to improve the products that we offer to our customers. We analyze personal information in order to identify the products and services offered by our affiliates or ourselves or by companies that we believe may be of interest to you, and to offer you those products and services.

Personal information is also used in order to communicate information related to billing, products/services, programs, promotions etc. XOOM Energy does not sell, rent or lease personal information to third parties. Personal Information may also be utilized for this purpose in the following situations: a customer enrolled but did not begin services or after the termination of a customer’s services.

XOOM Energy may outsource certain account processing, or other customer service functions to a third party. In such cases, personal information will be provided to such third parties. However, XOOM Energy releases personal information only where that information will be maintained in confidence.

XOOM Energy is also required to report regulatory bodies or to present a summary of all our customer information, including your personal information, in statistical or analytical form to governmental authorities and industry organizations. When information is provided in statistical or analytical form, information that might specifically identify you will not be disclosed.

Collection and Use XOOM Energy will collect and use personal information for billing purposes, to provide and change service, to anticipate and resolve problems with your service, or to create and inform you of products and services that better meet your needs. This means that XOOM Energy may use your personal information, in conjunction with information available from other sources, to market new services to you that we think will be of interest to you, but we will not disclose your personal information to third parties who want to market products to you. In addition, in the event that the business undergoes a major change in structure (merger, company split, business transfer or other reasons), the customer’s personal information may be kept by or used by the related businesses after the major change in structure. Personal Information may also be utilized for this purpose in the following situations: a customer enrolled but did not begin services or after the termination of a customer’s services.

Security XOOM Energy has implemented and will update technological and security features to safeguard the privacy of your customer personal data from unauthorized access or improper use.

E-mail Contents The company will not read or disclose to third parties private e-mail communications that are transmitted using XOOM Energy services, except as required to operate the service or as otherwise authorized by law.

XOOM Energy will never request sensitive personal information through email. Do not respond to e-mails requesting credit information, account numbers, passwords or PINs. Call the company to verify the legitimacy of the e-mail.

Disclosure to Third Party XOOM Energy may also use customer identifiable personal data to investigate and help prevent potentially unlawful activity or if required by subpoena, search warrant, or other legal process.

Joint Use (1) Joint Use Participants

Our company may share private information regarding customers with the following parties※１: ・REU※２・Utility Companies※３・OCCTO

・Demand Response Providers※4



Purpose of Joint Use Information ① The execution, modification, and cancelling of the Wheeling Contract and the electricity supply adjustment agreement (hereafter referred to as the wheeling agreement). ② Retail supply contracts (including remote island supply and final security supply contracts) and power supply contracts (hereafter referred to as retail supply related contracts) cancellation※５ ③ Confirming information related to Supply (power receiving) points ④ Actions performed by the utilities in accordance with their wheeling agreements including: Electricity amount meter reading; equipment maintenance, inspection, exchange; meter inspection related to electricity outage or disaster. ⑤ Actions performed in relation to demand response (negawatt) transactions.

Joint Use Covered Information ① Basic Information: Name, Address, Phone Number, & Retail Supply contract number. ② Supply (power receiving) points related information: Customer’s signed wheeling agreement utility’s service area, remote islands supply agreement subject, Site ID, Amount of wheeling agreement, Meter Amperage, Transmission Connection Service Menu, Power Factor, Supply Method, Wheeling Agreement Decision Method, Meter Information, Utility pole number, Grid connection equipment status, Date of switching, Meter read day, Contract State, Cancellation method. ③ Demand Response (negawatt) transaction related information: Power Generation Sales Volume, Demand Procurement Volume, Demand Response Volume, Baseline.

Joint Used Administration Parties ① Basic Information: Contracted Retail Provider (The utility in the case of remote islands supply agreements and final security supply contracts. ② Supply (power receiving) points related information: Utility administering the supply points. ③ Demand Response (negawatt) transaction related information: Demand Response Providers ※1 We only share customer’s personal data with necessary companies. This does not mean we share your information with all REUs, Utilities or Demand Response Providers. ※2 REU is not applicable to Electricity Business Act (Showa 39, July 11th Law-170) Article 2-5-1 registration non-acceptance but REU as registered by Minister of Economy, Trade and Industry (Include business that were registered as an REU after amendment on H.26 Law 72, revision of Electricity business Act.). (Please visit the Agency for Natural Resources and Energy website for more details such as name of business, address, etc.) ※3 Utility companies are Hokkaido Electric Power Company, Tohoku Electric Power Company, Tokyo Electric Power Grid, Chubu Electric Power Company, Hokuriku Electric Power Company, Kansai Electric Power Company, Chugoku Electric Power Company, Shikoku Electric Power Company, Kyushu Electric Power Company and Okinawa Electric Power Company. ※4 Demand Response Providers are companies who provide demand volume suppression balancing services in contract with the utilities. (Including companies that have received a business number before signing such contracts.) (Please refer to the following link to learn more about Demand Response Providers such as their names and address: (https://www.occto.or.jp/privacy/negawatt-jigyousya.html) ※5 “Cancellation of supply agreement” means that an REU that has accepted enrollment from a customer will process their cancelation with their current supplier on the customer’s behalf.

(2) Joint Use Participant • Our company may share private information regarding customers with: ACN Japan, GK

Purpose for which your personal data will be used by the Joint User: Your personal data will be disclosed to the above companies for the purpose of XOOM Energy making payments to those companies in connection with your enrollment and ongoing use of XOOM Energy's services and/or for the purpose of XOOM Energy of enhancing its services for you.

Joint Used Covered Information: Customer name Customer address Customer utility account number Enrolment Number Customer confirmation number Customer billing account number Customer consumption and billing information Customer email address Customer phone number

(3) Joint Use Participant • Our company may share private information regarding customer with:

GK DAX

http://www.enecho.meti.go.jp/category/electricity_and_gas/electric/summary/retailers_list/



Purpose for which your personal data will be used by the Joint User: Your personal data will be disclosed to the above companies for the purpose of properly performing necessary procurement management business functions.

Joint Used Covered Information: Utility Customer name Customer billing address Customer service address Customer utility account number Customer phone number

(4) Joint Use Participant • Our company may share private information regarding customer with:

Center for Development of Power Supply Regions

Purpose for which your personal data will be used by the Joint User: Your personal data will be disclosed to the above organization to confirming eligibility of a subsidy for customers living near to power generation facilities.

Joint Used Covered Information: Utility Customer name Customer billing address Customer billing representative Customer service address Customer utility account number Customer phone number Customer account subcategory Customer kW demand

(5) Joint Use Participant

• Our company may share private information regarding customer with: CGR 1 Go GK

Purpose for which your personal data will be used by the Joint User: Your personal data will be disclosed to the above companies in order to collect overdue account receivables.

Joint Used Covered Information: Customer name Customer service address Customer utility account number Customer enrolment number Customer number Customer account number Customer usage and fee Customer email address Customer phone number Call log Enrolment background Enrolment date Termination date of the contract Service Category Customer billing address Billing date Billing history Payment date Payment history Payment method Period of use Customer work phone number Language Secret question to identify the customer

Account Information Upon verifying a customer’s identity, XOOM Energy may honor requests to review, correct, or delete a customer’s personal data.



Compliance and Review of Laws and Standards In compliance with laws related to personal data possession and other standards, XOOM Energy will review as necessary, and make efforts to improve, this policy.

Contact Should you have any questions and requests with respect to the XOOM Energy Personal Data Protection Policy or if you do not consent to, or would like to limit, the manner in which information about you is collected, used or disclosed, please contact XOOM Energy at [email protected]

mailto:[email protected]