Eljoi's General contract terms

GENERAL TERMS AND CONDITIONS OF ELECTRICITY SUPPLY CONTRACT

Previous Definitions

Marketer: is the company responsible for selling the Customer the energy consumed in their home or premises.

Distributor: is the owner of the distribution networks, responsible for delivering the energy to the customer's home or premises, as well as for the quality and continuity of the energy supplied.

Third Party Grid Access Contract (or ATR Contract): is the contract that the Marketer signs with the Distributor on behalf of the Customer so that the Customer can receive energy through the electrical grid.

Supply Point: the point at which the measurement of the consumption of electrical energy in the Customer's home or premises is carried out.

CUPS: is the Universal Supply Point Code, which identifies the electrical energy supply point.

Tolls (or access tolls): is the payment to the Distributor for the use of its grids, and is included in the price of this contract. This is a regulated price currently determined by the Ministry of Industry, Energy and Tourism to pay for the costs of the system. This consists of two items: "Power Toll", which is paid for the power that is contracted, and "Energy Toll", which is paid for the consumption made.

Access tariff: is defined according to the power contracted by the Customer for their supply. The access tolls applied are determined according to the access tariff.

1. Purpose

1.1 Purpose: the purpose of this Contract is the supply of electrical energy by the Marketer at the Customer's Supply Point, corresponding to the address indicated in the "Supply Point" section of the Particular Conditions, in exchange for payment by the Customer of the Contract Price. The Customer represents and declares that they are the effective holder of the Supply Point.

1.2 Data provided by the Customer: the Customer is solely responsible for the accuracy of the data they have provided for the conclusion of the Contract. If the tariff and/or power indicated in the Particular Conditions of the Contract do not coincide with those available to the Distributor, the Marketer will invoice on the basis of the power and/or tariff sent by the Distributor. The express request by the Customer for a change in the tariff and/or the contracted power will be processed by the Marketer and their application will be subject to the Distributor's approval. The Marketer will not be responsible for any rejection or delay in the processing of the change of power and / or rate that is not attributable to it.

1.3. Electronic Contracting:

a) The Contract is concluded electronically through the website, being valid from the moment consent is registered by means of the express acceptance of the Customer in the electronic registration process. The electronic sending (by e-mail) of the Contract to the Customer will be considered as a documentary confirmation of the previous consent given.

b) The parties agree to give full legal validity to the consent expressed by the Customer by means of the passwords and/or codes, under the terms that have been indicated for their use, in such a way that they allow the personal identification of the Customer throughout the contractual relationship.

c) The Customer will be able to access their contractual data and other documents generated during the contractual relationship by accessing their Customer account that they have created on the website for contracting purposes.

1.4. Duration of the Contract: the Contract shall come into force on the day the Customer consents to the electronic registration process and shall take effect on the date of activation of the supply by the Distributor. The Contract will have a duration of one year from the activation of the supply, and will be understood to be tacitly extended for periods of equal duration, in the event that neither of the parties expressly states their desire to the contrary. The Contract may be terminated by either party in writing by giving the other party at least fifteen (15) days notice. The Customer may communicate this to the e-mail address given as Contact Details in the Particular Conditions. Once the termination of the Contract has been requested by any of the parties, the Distributor will have a period of fifteen (15) working days from the request to communicate it to the Distributor, with the Customer being responsible for looking for a new Marketer. From the effective date of termination, which will be defined by the Distributor itself, the Contract will continue in force with the latest applicable conditions.

1.5. Quality and continuity of Supply: the supply must be carried out under the quality conditions established in the regulations in force, taking into account the continuity of supply and the quality of the product. The Distributor is responsible for complying with the continuity and quality indices in the electricity supply as well as the consequences derived from non-compliance, in accordance with Chapter II of Title VI of Royal Decree 1955/2000, whose identification details appear in the Particular Conditions of the Contract and in the invoices. The Marketer will process claims against the Distributor for the discounts that the Distributor must provide the Customer with if there is non-compliance with the quality and continuity of supply, based on the provisions of RD 1955/2000, or any regulations that may amend or replace it.

1.6. Metering equipment (meter): The Customer must have installed a Metering Equipment that must comply with the provisions of RD 1110/2007 or legislation that replaces it, being responsible for its custody. The Distributor is responsible for the reading of the supply point, the Marketer will take into account the reading of the corresponding consumption, made by the person in charge of the reading, responsible for it, in accordance with RD 1955/2000 and subsequent amendments. The mentioned equipment will serve to make the reading of the energy consumed by the Customer. The Metering Equipment may be owned by the Customer or they may use it as a lessee. The Customer shall immediately notify the Marketer of any incident that the latter may detect in the operation of the Metering Equipment. In the event that (i) the Metering Equipment malfunctions or fails and full consumption data are not available for any of the periods or hourly data (as applicable), or (ii) the data recorded by the Metering Equipment is illegible, or (iii) the Distributor fails to read the Metering Equipment, the Marketer shall make an estimate of the energy consumed by the Customer, based on the provisions of the Invoicing clause of the Contract. The Customer shall not tamper with the Metering Equipment and shall allow the Marketer and the Distributor access to it at all times for the purpose of taking the necessary readings for billing the energy consumed by the Customer, examining its operation and carrying out or supervising maintenance work.

1.7. Change of Ownership of the Contract: provided that the Customer has made all payments due, they may request the Marketer to change the ownership of the Contract. The change of Ownership will be conditional upon the fulfilment of the conditions precedent set out in the Conditions Precedent clause. In the event that the change of Ownership implies a change of activity or a change in the conditions with respect to the contracted supply, this must be communicated to the Marketer by sending the supporting documentation.

2. Third Party Distribution Grid Access Contract

By signing this Contract, the Customer authorises the Marketer to represent them as a substitute or representative before the Distributor, to sign the ATR Contract with the latter and to take the necessary steps for the proper completion of the supply on behalf of the Customer. In cases where a change of Ownership of the ATR Contract is required, the Distributor may require the Customer to deposit guarantees, which will be passed on to the Customer in the invoice.

The Customer also authorises the Marketer to amend the conditions of the access contract (ATR) before the Distributor, either at the Customer's request or on its own initiative, provided that they do not affect the quality and guarantee of the Customer's electricity supply, all for the successful conclusion of the Contract. Such amendments may include changes in the access tariff (including changes in hourly discrimination), in the contracted power, requesting the installation of a maximeter or new metering equipment. In the event that such changes are not expressly requested by the Customer, the Marketer shall assume the cost of the connection charges. The Customer accepts that once the Contract is terminated they will maintain the conditions of the access contract that they had at that time, with the Customer assuming the costs of any change in the access contract. The Customer also authorises the Marketer to be able to amend the conditions of the ATR Contract before the Distributor, either at the request of the Customer or on its own initiative, provided that they do not affect the quality and guarantee of the electrical supply of the Customer, all for the successful conclusion of the Contract. Such amendments may include changes in the access tariff (including changes in hourly discrimination), in the contracted power, requesting the installation of a maximeter or new metering equipment. In the event that such changes are not expressly requested by the Customer, the Marketer shall assume the cost of the connection charges The Customer accepts that once the Contract is terminated they will maintain the conditions of the access contract they had at that time, the Customer assuming the costs of any change in the ATR contract.

3. Financial terms

3.1. Price: The "Contract Price" is indicated in the Particular Conditions, and includes:

a) Power Term (in €/kW/year): This is the one established in the particular conditions. The Power Toll included in the Power Term is that established by the competent public administration, which will be automatically updated whenever the competent public administration changes it according to the regulations in force at any given time.

b) Energy term (in €/kWh): This is the one established in the particular conditions. The Energy Toll included in the Energy Term is that established by the competent public administration, which will be automatically updated whenever the competent public administration changes it according to the regulations in force at any given time.

c) Cost of Rental of Metering Equipment: that which is passed on by the Distributor or the lessor to the Marketer. Applicable taxes are not included in the Contract Price, and Value Added Tax and Special Electricity Tax are currently payable.

d) Any other item included in the Particular Conditions within the Contract Price section.

3.2. Costs not included in the Contract Price: Any value not included in the Contract Price, claimed by the Distributor in relation to the Supply Point, in particular those due to re-invoicing of consumptions or resulting from inspection reports at the Supply Point shall be borne by the Customer. The Marketer will pass on the payment of these values to the Customer. The guarantee deposit, connection charges, verification charges, supply connection charges and charges for actions in the Metering Equipment, as well as the taxes associated to the items included in the invoice will also be charged to the Customer and will be invoiced in the same way, and therefore, not included in the Price of the Contract; all these items are regulated values that according to the current regulations must be received by the Distributor.

The Marketer will pass on to the Customer those additional services that the latter contracts and which are not included in this Contract.

3.3. Amendment of Prices: The Customer accepts that the Marketer will adjust the regulated part of the Prices (Tolls) according to the changes that the competent public administration could approve throughout the term of this Contract, which will be automatically transferred to the prices, without this being considered as a modification of the contractual conditions and without this being a cause for the termination of the Contract. The Marketer may change the unregulated part of the prices for objective reasons after giving the Customer one (1) month's notice from when this is sent. If the Customer does not accept the new prices, they may terminate the Contract, and must communicate their clear and unequivocal decision to terminate it in writing within fifteen days from the date when the communication was sent. If the Customer has not stated their intention to revoke the Contract within these fifteen days, it will be understood that they accept the new economic conditions on the date indicated by the Marketer.

3.4. Discounts and promotions:: In the event of the existence of any type of promotion or discount by the Marketer to the Customer, this will only be applicable during the time established for this, without in any case this being able to generate consolidation or right by the Customer to the promotion or discount being maintained. If the conditions for promotion are no longer met, the promotion will cease to take effect. If the Customer fails to comply with any term of the Contract the promotion/discount will cease to apply. In the event of failure to comply with the conditions of the promotion, the Customer will lose the right to all discounts, bonuses or benefits applied by the Marketer during this period, the amount of which will be invoiced to the Customer on the next invoice.

4. Billing

4.1. Once the Marketer has the reading of the tolls issued by the Distributor, and within a maximum period of two (2) days from the receipt of the reading, it will send the Customer the bill or consumption report, depending on the product contracted, corresponding to the supply and any other amounts owed by the Customer to the Marketer according to the Price stipulated in the Contract. The Costs not included in the Contract Price indicated in clause 3.2 will be included in the bill.

4.2. The reading sent by the Distributor will be used as the basis for billing the consumption. If the Marketer has not obtained the readings within a period of four (4) months from the last invoice issued, the Customer expressly authorizes the Marketer to bill on the basis of the best possible estimate of consumption. Once the Distributor provides actual consumption information through the means that the Marketer has for this purpose, the regularization will proceed, and additional bills may be issued. The Marketer will proceed to invoice the regularisations in accordance with the provisions of Article 96 of Royal Decree 1955/2000.

4.3. The bill will also detail any applicable taxes and surcharges not included in the "Contract Price", i.e.: Value Added Tax, IEE (Special Electricity Tax) at the rate in force at any given time, other applicable taxes, and any others that may be approved by the Administration. The bill shall also detail any re-invoicing resulting from an inspection or as a result of damage or tampering.

4.4 The billing will be carried out according to the means indicated in this section. In the case of electronic delivery, the Customer will receive their bill in the customer area of the Marketer's website as well as by e-mail. To do so, the Customer must use the passwords provided during the registration process. In any case, the Customer who chooses that a bill be sent by electronic means may revoke their consent and change the form of sending to paper bill by communicating this to the e-mail stated in the particular conditions.

5. Payment

The Marketer will proceed to debit the amount of each bill within the corresponding payment period indicated in the Particular Conditions charged to the Customer's current account or by bank transfer, as indicated in the Particular Conditions. The Customer declares that they have given the appropriate instructions to their bank in the case of direct debit. In the event of non-payment of any amounts due within the due date of the bill, they will be considered as overdue and payable. In this case, the Customer must pay the return costs that the Bank has passed on to the Marketer and interest on arrears equal to the legal interest on the money plus three percentage points.

The information regarding the Customer's unpaid bills will be incorporated into the Distributor's Supply Point Information System, which will be accessible to the CNMC and the marketers who request it. In the event of non-payment, and after reliable communication of this, the Marketer may include the Customer's data in a computer record of non-payment, and in files of financial solvency and creditworthiness. In case of discrepancies in the calculations included in the bill, the Customer is obliged to pay, within the time limit set out in the bill, the amount corresponding to the undisputed part. Once the discrepancy has been resolved, and when the Marketer has carried out the appropriate checks, the amount actually due will be regularised. However, in the case of bills made as a result of an inspection or fraud at the Customer's premises, the Customer must pay the total amount of the bill regardless of any disagreement or complaint of any kind. The Marketer reserves the right against the Customer to transfer its credits against the Customer.

6. Conditions precedent

The Marketer may condition the start of the supply on compliance with the following:

(I) That the Customer has no overdue debt to another marketer;

(II) That the Customer has the necessary solvency to guarantee the payment of the electricity supply bills;

(III) That the Distributor has given Access to the Grid for the purposes of this Contract;

(IV) That the owner of the Contract is the effective owner of the ATR Contract or that the Customer has delivered to the Marketer the application form for change of owner duly signed or has presented fair title with respect to the dwelling / premises;

(V) That the withdrawal period has passed without the Customer having made use of it.

7. Suspension of Supply

In the event that the Customer fails to make any of the payments when due, the Marketer will proceed to suspend the supply of electricity to the Customer, with a prior written 10 days’ notice, until the Customer has paid all the amounts due to the Marketer including the return costs provided for in the Particular Conditions, interest on arrears that may be applicable, as well as the regulated amounts attributable to the suspension and eventual replacement of the supply, including the penalties charged by the Distributor, the cost of cancellation of the access Contract, as well as the payment of the amount of the toll invoices presented by the Distributor to the Marketer during the suspension period, all in accordance with the costs established in the applicable regulations in force, with no costs not provided for in this Contract or established by the regulations of the electricity sector being attributable. However, the Marketer will proceed to suspend the supply in accordance with the terms and deadlines established by the regulations in force, depending on each type of consumer, including the regulations on user protection and the regulations protecting consumers who are natural persons who receive their supply in their habitual residence.

The detection of a fraud situation is also a cause for immediate suspension of supply, together with direct connection, manipulation of the metering equipment or preventing its correct operation, the existence of derivations to supply a third party, and in cases of fortuitous events and force majeure.

7.1. Termination due to suspension of supply: Once the suspension of the supply has been requested, the Marketer shall have full right to terminate the Contract. In any case, the Contract shall be understood to be automatically terminated after two (2) months from the suspension of supply. The Marketer will not make a new contract with the Customer until the payments due have been made or the situation that gave rise to the suspension has been regularised.

8. Causes for Termination of the Contract

The Contract will be terminated by:

(I) The mutual agreement between the parties;

(II) At the initiative of either party with a minimum of fifteen (15) days notice;

(III) For breach of contractual obligations, in particular non-payment of amounts payable by the Customer at the initiative of the other party;

(IV) When the Customer uses the energy for purposes other than that set out in the Contract, being considered a breach;

(V) By changing the economic conditions in accordance with the provisions of the Price Change Clause;

(VI) On the initiative of the Marketer, when it does not accept the change of Ownership requested by the Customer or the latter does not provide the guarantees requested;

(VII) On the initiative of the Customer for withdrawal under the terms indicated in the Right of Withdrawal clause.

9. Information on energy poverty

The Marketer informs the Customer that if the latter meets the requirements for the Bono social (subsidised rate) as established in Royal Decree 897/2017 of 6 October, which regulates the figure of the vulnerable consumer, the bono social and other protection measures for domestic consumers of electricity, the signing of this Contract will prevent its application, since the Marketer does not have the status of benchmark marketer. If the Customer qualifies as a vulnerable consumer, they can apply to one of the benchmark marketers to be able to qualify for the bono social, which is a discount on the voluntary price for small consumers (PVPC). Likewise, with the execution of this Contract, the application of the PVPC will be prevented as the Marketer is not a benchmark marketer. In the link to the CNMC's website the Customer will find the necessary data to contact the benchmark marketer as follows: https://www.cnmc.es/ambitos-deactuacion/energia/mercado-electrico#listados

10. Personal Data Protection

10.1. The Customer is informed that their personal data are processed by the Marketer, as the data controller for the processing. The Customer's data will be processed in order to manage the contractual relationship between the Marketer and the Customer, as well as the issue and collection of bills generated, and the preparation of reports by the Marketer to improve the efficient use of energy. Likewise, and as long as the Customer has provided their consent by checking the corresponding box, commercial communications and newsletters from other companies in the Group will be sent to them. The Marketer can create profiles of its subscribers and personalise the content of the newsletters. The Customer is informed that the Marketer may also record the calls to maintain the quality of the service and use the recording as evidence in court and outside it, if necessary, and that the Marketer may consult their solvency data in entities authorised to do so and report the situation of non-payment to companies providing asset solvency services.

10.2. The Customer's data will not be communicated, transferred, sold, rented or made available to third parties, except for the provision of services that the suppliers of the Marketer give them to manage the commercial relationship with the Customer, which includes managing the website and sending commercial communications and newsletters. They will also be communicated to companies of the Nexus group with the purpose of carrying out the purpose of the Contract and for commercial communications, to competent public bodies when the Marketer has the obligation to provide them according to regulatory provisions, to companies that perform services, including but not limited to, financial services, technological services, computer services, messaging services, legal advisory services, call centre services, companies that offer value added services to optimise and improve the efficient use of energy, companies that provide asset solvency services. Under no circumstances will these providers use the data they access for their own purposes, but for the provision of the services contracted under this Contract.

10.3. The Marketer may occasionally contract with suppliers who can provide their services from outside the European Union. In this case, the Marketer shall ensure that such data processing is always protected with appropriate safeguards, which may include: (I) Standard clauses approved by the EU: These are contracts approved by the European regulator, and which provide sufficient guarantees to ensure that the processing complies with the requirements established by the European Data Protection Regulation. (II) Agreements between States: For example, the Privacy Shield, a framework agreement between the EU and the United States that establishes a standardised framework for data processing in accordance with the requirements of the European Data Protection Regulation.

10.4. The Marketer will keep the Customer's data for the duration of the contractual relationship. Once completed, the Customer's data will be kept blocked during the statute of limitations period for the exercise of relevant legal actions, remaining at the exclusive disposal of judges, courts, and competent administrations. After the legal statute of limitations period has expired, the Customer's data will be definitively deleted.

10.5. The Customer may exercise their rights of access, rectification, deletion, limitation of processing or portability, and oppose the sending of commercial communications and / or newsletters by communicating to the Marketer the postal address listed in the conditions or by email to . If the Customer has any queries about how their personal data are processed, or any other question related to the matter, they can contact the Marketer’s Data Protection Officer, at the address Calle Consejo de Ciento, No. 42, 08014, Barcelona, with the reference or to the attention of the "Data Protection Officer", or by e-mail to the address . In addition, a complaint may be lodged with the competent Supervisory Authority if you consider that the Marketer has processed your data in contravention of this policy or any other regulation in force regarding data protection.

11. Right of Withdrawal

In the case of distance contracts and contracts concluded outside the Marketer's premises where the contract is within the scope of Article 3 of Law 3/2014 of 27 March, amending the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by the Royal Legislative Decree 1/2007, of 16 November, the provisions of said regulation and of Law 7/1996, of 15 January, on the Regulation of Retail Trade, or subsequent amendments, and the Customer may exercise the right to revoke the signing of this Contract within a period of fourteen (14) calendar days from the date of conclusion of the Contract. To exercise the right of withdrawal, you must notify the Marketer of your decision to withdraw from the Contract by an unequivocal statement by any of the means indicated in the Notifications clause, addressed to Customer Service, indicating in the subject line "right of withdrawal".

To meet the cancellation deadline, it is sufficient for the customer to send their communication concerning this exercise of the right to withdrawal before the corresponding period has expired. The Customer may use the withdrawal form at the foot of the Contract, although its use is not obligatory, or may do so through their Customer account on the website.

In the event of withdrawal by the Customer, the Marketer shall return all payments received, without any undue delay and in any case no later than fourteen (14) calendar days from the date on which the Customer informs the Marketer of their decision to withdraw from the Contract. The Marketer will proceed to make such reimbursement using the same means of payment employed by the Customer for the initial transaction, unless the Customer has expressly provided otherwise; in any case, no expenses will be incurred as a result of the reimbursement.

The Customer authorises the Marketer to start the supply during the withdrawal period. If the supply is activated during the withdrawal period, the Customer shall pay the Marketer an amount in proportion to the part of the service already provided at the time the Customer notifies their withdrawal, in relation to the total purpose of the Contract.

12. Notifications

Communications between the parties relating to this Contract shall be made by telematic means, using identification and security password systems, where appropriate, in particular by means of the Customer's access to their Customer account where they can find updated information regarding their Contract and by means of the e-mails for notifications provided by the Customer and by the Marketer in the Particular Conditions. The Customer must keep their contact/notification details updated in their Customer account.

13. Subrogation and assignment

The Marketer can transfer this Contract to any business developing the energy marketing activity without the Client's prior consent.

14. Resolution of disputes

The Customer and the Marketer undertake to use negotiation as a preferential form of resolving disputes of any nature, especially regarding the interpretation, execution or application of the legal or contractual provisions applicable to their relations, including the failure to comply with their obligations. The Marketer provides the Customer with the possibility of submitting their claims in writing by any of the means stipulated in the Notifications clause. If the complaint is not resolved or if, once resolved, it is not upheld, the Customer may present the complaint to the competent consumer bodies under the terms established in Article 98 of Royal Decree 1955/2000.

15. Complaints handling

The Customer may submit complaints or requests for information in writing or by telephone (address, e-mail and telephone number indicated in the particular conditions) or by any of the means stipulated in the Notifications clause.

16. Differences between General and Particular Conditions

In the event of any discrepancy between these General Conditions and the Particular Conditions, the Particular Conditions shall prevail.

17. Electronic, telephone and telematic contracting

17.1. The parties agree that all matters related to the development of the Contract, including the making of notifications, may be carried out by telephone or telematic means, through the use of identification and security password systems provided by the Marketer, when applicable.

17.2. The parties agree to give full legal validity to the consent expressed by the Customer through the passwords and / or codes provided by the Marketer under the terms that have been indicated for their use, so as to allow their personal identification. In the event of telephone or electronic contracting of the services indicated in this Contract and once the appropriate recordings or telematic records have been made, the sending of the Contract will be considered as documentary confirmation of the prior consent given in accordance with the provisions of Law 3/2014 of 27 March. For this purpose, this Contract will be understood to have been concluded from the moment of the recording or registration of the consent, without the need for it to be validated with the signature of the Customer and/or the return of a copy of the aforementioned documents, without prejudice to leaving the Contract in suspension upon the effective fulfilment of the provisions of the Conditions Precedent Clause, in the event that these circumstances are not fulfilled, the Contract will be without effect. The Marketer is authorised to verify by telephone recording the veracity of the data provided.

17.3. The Customer will be able to access their contractual data and other documents generated during the contractual relationship by accessing their Customer account that they have created on the website for contracting purposes.

18. Applicable Law and Jurisdiction

In all the provisions of this Contract, the parties shall be governed by the applicable Spanish law and, in particular, by Law 24/2013, of 26 December or subsequent amendments, of the Electricity Sector, and by the regulations that implement and amend it. In the event that the parties do not reach an agreement through negotiation, any disputes that may arise between them in relation to this Contract shall be submitted to the Jurisdiction of the Courts and Tribunals legally established, unless otherwise agreed in writing by the parties. This Contract will be interpreted by common Spanish law.