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General terms and conditions

 

1. SUBJECT OF THE CONTRACT

The purpose of the present Contract is the supply of electrical energy by STIN S.A. at the Supply Point (hereinafter referred to as the "PS") set out in the Particular Conditions attached to this Contract. On the basis of the present Contract, STIN S.A. is expressly empowered and authorised to represent the Customer before the Distributor corresponding to its supply area, for the purposes of notifications, payment and collection, in the manner set out in the Customer Authorisations section of the present Contract.

The Contract signed shall be governed at all times and for all purposes by the clauses that comprise it and by that which is applicable at any given time.

This Contract is successive and personal and the Customer must be the effective user of the electricity supplied, and may not use it in any place other than that specified in the Particular Conditions for which it was contracted, nor may it be transferred, sold or made available to third parties.

2. DURATION AND EXTENSION OF THE CONTRACT

The Contract will come into force on the date it is signed, both for Customers who renew their Contract with STIN S.A. and for those who have a Contract for the supply of electrical energy with a different Supplier. If the signing of this Contract involves technical modifications to the Customer's installations, the date of entry into force of the same will be effective once all the requirements demanded by current regulations have been fulfilled by the Customer.

In those cases where the Customer is not a Qualified Consumer at the time of signing the Contract, the date of entry into force of the Contract is conditional upon the Customer having the Access Contract and having metering equipment that complies with the requirements stipulated in the regulations in force.

The duration of the Contract shall be 12 months from the date on which it enters into force, which shall in any case be communicated by STIN S.A. to the Customer.

The Contract shall be automatically extended for periods of twelve months, provided that neither party expresses its wish to terminate it. The desire to terminate the contract must be expressed at least 15 calendar days prior to the expiry or extension date.

Notwithstanding the foregoing, the validity of this Agreement shall be conditional upon verification of the Customer's solvency. As a consequence of such verification of solvency, or in the event of a situation of non-payment, STIN S.A. may make the provision of supplies conditional upon the presentation by the Customer of a sufficient guarantee of payment in the form of a bank guarantee. STIN S.A. shall return to the Customer the guarantee received after the termination of the Contract, reserving the right to retain the same for the amount of all unpaid charges, as well as the charges resulting from any other non-fulfilment by the Customer. In the event that the guarantee is not provided within 1 month of being requested by STIN S.A. from the Client, this Agreement shall be terminated without any obligation to pay compensation.

3. TERMINATION OF THE CONTRACT

The termination of the Contract shall be determined by any of the following causes:

  1. At the end of the term of the contract.
  2. By mutual agreement between the parties.
  3. For non-compliance with the clauses contained therein.
  4. For non-payment of any amount due under this Agreement.
  5. By cancellation by the Customer. The Customer must notify STIN S.A . at least fifteen (15) calendar days prior to the date on which he/she wishes to effectively cancel the supply. Said notification must be made by any means that allows the identity and wishes of the interested party to be determined and recorded. The application of the tariff regulations in force will be applicable until the effective date of termination of the Contract. Under no circumstances will the initiation of the cancellation process release the Customer from the obligations to pay for the electricity supply received up to the date on which the supply is effectively cut off. The Customer shall lose the right to all the benefits that were applied to him by STIN S.A . at the time of the effective termination of the Contract due to this cause.

4. CUSTOMER AUTHORISATIONS

By signing this Agreement, the Customer authorises STIN S.A . to sign with the Distribution Company, on behalf of the Customer, the Access Agreements to the facilities that are necessary for the proper performance of the Agreement, so that the position of STIN S.A. in the Access Agreement shall be, for all purposes, that of Customer.

In any case, in accordance with the applicable regulations in force, the Customer will maintain with the Distribution Company all the rights relating to the Access Contract and, in the event of termination of this Contract, will be the holder of any guarantee deposit that may exist, as well as any other right associated with the installation, without the Distribution Company being able to demand any updating on the occasion of the contractual renewal.

Likewise, by virtue of this authorisation and in application of the applicable regulations, the Customer is exempted from payment of the access tariff to the Distribution Company provided that it can prove that it is up to date with its payments to STIN S.A.

The subscription of the Contract implies the Customer's authorisation to STIN S.A . to act before the electricity Distribution Company, taking whatever steps may be necessary for the successful completion of the supply and for the modification and cancellation of the supply Contract that the Customer may have established with other Supply Companies prior to the date of this Contract.

5. SUPPLY POINT

For the purposes of the provisions of this Contract, a Supply Point is understood to be the connection or delivery point located at the Customer's installation where the consumption of the electrical energy supplied by the Reseller is measured. The nominal voltage and the contracted powers at which the supply is carried out are those established in the Particular Conditions of this Contract. The maximum powers that the Client may consume under this Contract will be those established in accordance with the applicable regulations.

6. QUALITY OF SUPPLY

Royal Decree 1955/2000 of 1 December 2000, art. 101 to 103 or the regulations that modify or replace it, applicable in each case, shall apply.

In applying it, it is considered that:

It will be the responsibility of the Distribution Company in the area where the supply is located:

  1. The quality of supply
  2. The availability of the same

The Marketing Company (STIN S.A.) undertakes, in turn, to:

  1. Incorporate compliance with the minimum quality levels required in the TPA contract signed with the distribution company, which owns and is responsible for the network.
  2. Apply to the Customer the bonuses, discounts and/or compensation that may be applied by the Distributor for incidents occurring in its network.

7. MEASURING EQUIPMENT

The connection of the installations and metering equipment will be carried out by the Distribution Company under the conditions and within the periods established in Royal Decree 1955/2000, art. 103 and following, or as established in the regulations that modify or replace it.

The Customer shall allow STIN S.A. and the Distribution Company free access to the metering installations to carry out reading, inspection, maintenance, control and verification tasks, and shall also provide access to the data relating to their consumption.

In the event that the electricity meter installed is rented, the regulations in force shall be applied to determine the price to be invoiced for this concept, including the installation, maintenance, validation of consumption and its transmission to the Electricity System Operator, in accordance with its requirements.

If there are other components for electricity metering (transformers, etc.) that are rented, the prices to be invoiced for said rental will be those in force at any given time, which are invoiced by the Distribution Company to the Retailer. In the event that additional metering services are agreed, their prices will be reflected in the Particular Conditions.

8. PRICE, ACCESS TARIFF AND REGULATED VALUES

The price of the supply shall be that established in the Particular Conditions of this Contract.

In the indexed price modality, the price will be the result of the sum of the following components detailed below:

  • Cost of energy;
    • Busbar losses: percentage coefficients of losses and market energy settlement established by the System Operator.
    • Capacity payments (per access tariff that corresponds to the supply).
    • Average Daily Price: hourly price resulting from the daily session of the electricity pool.
    • System Adjustment Services: hourly prices resulting from the System Adjustment Services and published by the System Operator, such as technical restrictions, balance of deviations, secondary band, reserve of additional power to be uploaded.
    • Cost of the System and Market Operator.
    • Cost of the Interruptibility Service.
    • Contribution to the Energy Efficiency Fund.
    • Municipal Tax.
    • FEE or Remuneration Cost: defined in the specific conditions of this contract.
    • Municipal Tax.
    • Power and Energy Tolls (according to Access Tariff)

These costs, as well as excess power, penalties for reactive energy, rental of metering equipment

Price changes shall be updated in accordance with the provisions of the Special Conditions of this Contract.

The access tariff, connection charges, hook-up charges, verification, guarantee deposit and other regulated values that, in accordance with the applicable regulations, the Distribution Company is entitled to receive, will be charged to the Customer. STIN S.A. will pay these regulated values to the Distribution Company and will pass them on to the Customer as part of the price of the supply in a single invoice. Likewise, STIN S.A . will pass on to the Customer any amount claimed by the Distribution Company due to invoices or results of inspection reports in relation to the Customer's supply point.

Variations in access tariffs and any other variation or modification of the other concepts, activities and values that may be approved by the Administration for the period of validity of this Contract will be automatically transferred to the supply prices to the extent that they are applicable, without this being considered a modification of the contractual conditions in the terms established in the point Modification of the Contract Conditions.

Price update based on the price on the wholesale electricity market: the price of the contracted services is based on the average price on the daily energy market for the month prior to the date on which the Contract is signed, CM0 (arithmetic mean of the marginal prices published on www.omie.es). In the event that during the term of the Contract it should happen that for two consecutive months the average daily energy market quotation suffers a net increase of twenty percent to CM0, both upwards and downwards, STIN S.A. will revise the price of application of the Contract in accordance with the market variation, informing the Client of the entry into force of the new prices, which will be applicable from the first day of the month following the month in which it is communicated. The Client may oppose this price revision in writing, whereupon this Contract shall be terminated by mutual agreement between both parties. After the price revision, a new CM0 will be set, on which price variation control will be carried out.

9. INVOICING AND PAYMENT

Invoicing: STIN S.A . will invoice the Customer in accordance with the corresponding consumption reading taken by the Distribution Company. In accordance with Royal Decree 1955/2000, the Distribution Company is responsible for taking the energy consumption readings. The Distribution Company will use these readings both for billing the Customer and for the settlement of said measurement with the System Operator. In the event that the readings are not taken before the end of the billing period, the Customer expressly authorises the Supplier to invoice an estimated amount, taking as a reference the average consumption of its Supply Point during the last three months . The billing will be regularised when the Distribution Company or the Client provides the real consumption information, through the means of communication provided by the Reseller for this purpose. However, STIN S.A. reserves the possibility of billing with estimated consumption data, provided by the Distribution Company, in the event that readings exist, always in accordance with criteria of proportionality with respect to consumption in the same period of the previous year and, if there were none, in the previous monthly periods with read consumption. If there are no readings in the previous monthly periods, consumption will be estimated according to criteria of proportionality with respect to Customers with the same characteristics. For these purposes, STIN S.A . may make supplementary billings once the actual consumption is known, in accordance with the regulations in force.

The billing frequency will be as indicated in the Particular Conditions, and will depend, in any case, on the frequency with which the Distribution Company provides the consumption readings to STIN S.A. It will be billed monthly and bimonthly.

Invoices will detail the consumption and the agreed prices, as well as the rest of the invoicing concepts. The invoice will detail the taxes and surcharges included in the price, which will include, where appropriate, all others that may be approved by the Administration during the period of the Contract.

The billing of reactive energy, if applicable, will be carried out by applying the reactive energy billing term approved by the Administration, as established in the regulations in force. The Electricity Tax will be applied to this supplement. The same concept will be used for power surpluses that occur during the invoiced metering period.

Payment: shall be made by direct debit to the account designated for this purpose by the Customer in the particulars of the Contract.

Late payment: late payment, in full or in part, by the Client, shall accrue, without the need for prior notice, late payment interest equal to the legal interest rate plus two percentage points. In the event that the requirements established in RD 1720/2007 are met, STIN S.A. may proceed to report the incident to the information services on the fulfilment of monetary obligations.

Suspension of supply: STIN S.A. may order the Distribution Company to suspend the supply to the Customer, in accordance with the regulations in force, if after the payment period has elapsed and following a written request from STIN S.A . to the Customer, in accordance with the deadlines set out in this Agreement, full payment of the overdue invoices has not been made. The exercise by STIN S.A . of the right to suspend supply does not exempt the Customer from the obligation to pay the amount of the outstanding invoices, in accordance with the provisions of the Contract. Likewise, any transfer to third parties by the Customer of the electricity supply covered by this Contract shall be cause for immediate suspension of supply.

Once the supply has been suspended, STIN S.A. may terminate the Contract after notifying the Customer. In order for STIN S.A . to enter into a new contract with the Customer in question, it shall be essential for the payment due to be made, including the interest for late payment accrued and the expenses caused by the suspension and eventual reinstatement of the supply, as well as for the payment guarantee required, where applicable, by STIN S.A . to have been constituted in accordance with the terms established in the conditions of this Contract.

Allocation of payments: prior to the main payment, the Client must pay any late payment interest and other expenses that may be due. In the event that the Client has contracted other services with STIN S.A. and partial payments are made, the Client shall be entitled to declare to which of the debts the payment should be applied, in accordance with the terms established in the Civil Code. In the event that the Client does not exercise this power, and once interest and expenses have been covered, the payments shall be applied to the oldest overdue invoices for any supply or service provided by STIN S.A.

10. RESPONSIBILITIES

STIN S.A . shall be liable to the Customer for the supply of electricity and the contracting of access to the grid, under the conditions established in the applicable regulations and in this Contract.

The Customer shall be responsible for its internal installation and for carrying out the mandatory inspections and/or revisions and for maintaining the receiving installations, including the consumer appliances, in a perfect state of conservation and for making proper use of the same.

The Distribution Company in the area will be responsible for the operation and maintenance of the networks and for the availability and quality of supply in accordance with the applicable regulations.

The parties agree that both force majeure and unforeseeable circumstances exclude liability.

The Customer and STIN S.A . disclaim liability for consequential and indirect damages and loss of profits, provided that such damages and losses do not arise from a wilful breach. STIN S.A . shall not be liable for any damages or losses incurred by the Customer as a result of the use by the Customer of consumption that is not in accordance with the terms of this Agreement, unless this is due to causes directly attributable to STIN S.A.

11. SUBROGATION AND ASSIGNMENT

In order to subrogate the rights and obligations of the contract, it will be sufficient to give STIN S.A . reliable notification of the change of ownership, provided that payment is up to date. This notification must contain the agreement of the new Client, who must state their personal details and address for the purpose of submitting invoices, their CIF or NIF, and their direct debit details.

STIN S.A. may assign the contract and the rights and obligations arising from the contract to any investee, related or successor company of NCE that may provide the service that is the object of the contract in the future, with the appropriate notification to the Client being sufficient for this purpose.

12. MODIFICATION OF THE TERMS OF THE CONTRACT

The modification of the conditions of this contract must be notified to the Client at least one (1) month prior to its entry into force, and the Client must be informed of his right to terminate the contract without penalty if he does not agree with the modification.

It is expressly agreed between the parties that if the agreement of the present contract should prove impossible, onerous for any of the parties or give rise to absurd situations, the parties will meet and within 30 days undertake to find a mutually agreed solution. If such a solution is not possible after the aforementioned 30 days, the contract will be automatically terminated on that date.

13. TERMINATION OF THE CONTRACT

The contract may be terminated by mutual agreement of the parties or at the request of one of the parties, after written notice in the means established in this contract, for any of the following reasons:

  1. In the cases provided for in the regulations in force for this purpose.
  2. For non-fulfilment of the obligations arising from this contract.
  3. By transfer to third parties, by the Customer, of the established electricity supply.
  4. In cases of fraud, improper manipulation of metering equipment or irregularities in measurements by the Customer, the detection of a direct connection, the existence of deviations to supply energy to an installation not foreseen in the contract, or when its correct operation is prevented in the event of dangerous manipulations. If in these cases the Customer consumed energy that was not billed, or was billed inappropriately, STIN S.A . shall be entitled to issue an invoice in which the corresponding amount is recovered. If it is not possible to calculate this, the best available alternative values will be used.
  5. Due to the Customer's activity, non-use of electricity on its premises or failure to initiate the consumption of electricity covered by this contract.
  6. Bankruptcy or insolvency of one of the parties.

The termination of the contract will occur automatically from the moment in which the party that has originated the cause of the termination receives the communication from the other party, stating the express desire to terminate the contract and the cause of the termination.

In the event of unilateral termination of the contract by the Customer, either in whole or in part, for any reason not contemplated herein prior to the date of its termination, STIN S.A. shall be entitled, without prejudice to other actions, to claim the amount resulting from multiplying the volume of electricity to be consumed, according to the volume agreed in the specific conditions, by 0.5 cents, as fixed costs incurred by this contract.

14. PROCESSING OF PERSONAL DATA

By signing this contract, the Customer authorises STIN S.A. to:

  1. to machine your personal data
  2. the inclusion of your personal data in its database for the sole purposes of the company
  3. the transfer of your personal data to third parties in so far as their involvement is necessary for the purposes of this contract
  4. De conformidad con lo establecido en el REGLAMENTO (UE) 2016/679 de protección de datos de carácter personal, le informamos que los datos que usted nos facilite serán incorporados al sistema de tratamiento titularidad de Stin, S.A. con domicilio en C/Teodoro Camino, nº17, bajo - 02002, Albacete (España), con la finalidad de la gestión administrativa, publicitaria, promocional o de cortesía. La legitimación para el uso de sus datos, está basada en la ejecución de un contrato o prestación de servicios. Sus datos podrán ser cedidos a aquellas entidades que los necesiten para poder prestarle nuestros servicios o por obligación legal. Se procederá a tratar sus datos de manera lícita, leal, transparente, adecuada, pertinente, limitada, exacta y actualizada. Mientras no nos comunique lo contrario, entenderemos que sus datos no han sido modificados y que usted se compromete a notificarnos cualquier variación. De acuerdo con la normativa vigente podrá ejercer los derechos de acceso, rectificación, supresión y portabilidad de sus datos, de limitación y oposición a su tratamiento así como revocar el consentimiento prestado, dirigiendo su petición a la dirección postal arriba indicada, adjuntando una fotocopia de su DNI. Si considera que sus datos han sido vulnerados, puede dirigirse a la Autoridad de Control competente para presentar la reclamación pertinente.

15. JURISDICTION

The present contract shall be governed by the stipulations contained herein and by the regulations in force at any given time and especially by the provisions of Law 54/97 of 27 November on the Electricity Sector.

In the event of any discrepancy or dispute arising from the interpretation, application or execution of this contract, the Seller and the Client, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of the place where the service is provided in the city of Albacete, unless otherwise agreed between the parties.

16. ORDER OF DOCUMENTARY PREVALENCE

In the event of any discrepancy between the General Conditions of Contract and the other contractual documents, the following order shall prevail: firstly, the particular conditions and, secondly, the general conditions.

17. REBUS SIC STANTIBUS

The content of the above clauses is subject to modifications motivated by future legal regulations during the period of validity of this contract, as well as those derived from the regulation of the electricity market.

Express reference is made in the previous paragraph to network access tariffs (ATR), metering equipment rental tariffs, electricity tax, as well as any other element referring to the electricity bill that may be determined by future legal regulations, whether already implemented or to be implemented in the future.

18. NON-PAYMENT REGISTER

In the event that the Client does not pay the debts contracted for the provision of the contracted services within the period established in the second reliable notification of non-payment, STIN S.A . may include the Client's details in a computerised register of non-payments. This register is a shared file available to the entities belonging to the association that manages this file. As soon as the debt is paid, the Client's details will be immediately removed from the computerised register of non-payments, and STIN S.A. will inform the Client of this fact.

1. SUBJECT OF THE CONTRACT

The purpose of the present Contract is the supply of electrical energy by STIN S.A. at the Supply Point (hereinafter referred to as the "PS") set out in the Particular Conditions attached to this Contract. On the basis of the present Contract, STIN S.A. is expressly empowered and authorised to represent the Customer before the Distributor corresponding to its supply area, for the purposes of notifications, payment and collection, in the manner set out in the Customer Authorisations section of the present Contract.

The Contract signed shall be governed at all times and for all purposes by the clauses that comprise it and by that which is applicable at any given time.

This Contract is successive and personal and the Customer must be the effective user of the electricity supplied, and may not use it in any place other than that specified in the Particular Conditions for which it was contracted, nor may it be transferred, sold or made available to third parties.

2. DURATION AND EXTENSION OF THE CONTRACT

The Contract will come into force on the date it is signed, both for Customers who renew their Contract with STIN S.A. and for those who have a Contract for the supply of electrical energy with a different Supplier. If the signing of this Contract involves technical modifications to the Customer's installations, the date of entry into force of the same will be effective once all the requirements demanded by current regulations have been fulfilled by the Customer.

In those cases where the Customer is not a Qualified Consumer at the time of signing the Contract, the date of entry into force of the Contract is conditional upon the Customer having the Access Contract and having metering equipment that complies with the requirements stipulated in the regulations in force.

The duration of the Contract shall be 12 months from the date on which it enters into force, which shall in any case be communicated by STIN S.A. to the Customer.

The Contract shall be automatically extended for periods of twelve months, provided that neither party expresses its wish to terminate it. The desire to terminate the contract must be expressed at least 15 calendar days prior to the expiry or extension date.

Notwithstanding the foregoing, the validity of this Agreement shall be conditional upon verification of the Customer's solvency. As a consequence of such verification of solvency, or in the event of a situation of non-payment, STIN S.A. may make the provision of supplies conditional upon the presentation by the Customer of a sufficient guarantee of payment in the form of a bank guarantee. STIN S.A. shall return to the Customer the guarantee received after the termination of the Contract, reserving the right to retain the same for the amount of all unpaid charges, as well as the charges resulting from any other non-fulfilment by the Customer. In the event that the guarantee is not provided within 1 month of being requested by STIN S.A. from the Client, this Agreement shall be terminated without any obligation to pay compensation.

3. TERMINATION OF THE CONTRACT

The termination of the Contract shall be determined by any of the following causes:

  1. At the end of the term of the contract.
  2. By mutual agreement between the parties.
  3. For non-compliance with the clauses contained therein.
  4. For non-payment of any amount due under this Agreement.
  5. By cancellation by the Customer. The Customer must notify STIN S.A . at least fifteen (15) calendar days prior to the date on which he/she wishes to effectively cancel the supply. Said notification must be made by any means that allows the identity and wishes of the interested party to be determined and recorded. The application of the tariff regulations in force will be applicable until the effective date of termination of the Contract. Under no circumstances will the initiation of the cancellation process release the Customer from the obligations to pay for the electricity supply received up to the date on which the supply is effectively cut off. The Customer shall lose the right to all the benefits that were applied to him by STIN S.A . at the time of the effective termination of the Contract due to this cause.

4. CUSTOMER AUTHORISATION

By signing this Agreement, the Customer authorises STIN S.A . to sign with the Distribution Company, on behalf of the Customer, the Access Agreements to the facilities that are necessary for the proper performance of the Agreement, so that the position of STIN S.A. in the Access Agreement shall be, for all purposes, that of Customer.

In any case, in accordance with the applicable regulations in force, the Customer will maintain with the Distribution Company all the rights relating to the Access Contract and, in the event of termination of this Contract, will be the holder of any guarantee deposit that may exist, as well as any other right associated with the installation, without the Distribution Company being able to demand any updating on the occasion of the contractual renewal.

Likewise, by virtue of this authorisation and in application of the applicable regulations, the Customer is exempted from payment of the access tariff to the Distribution Company provided that it can prove that it is up to date with its payments to STIN S.A.

The subscription of the Contract implies the Customer's authorisation to STIN S.A . to act before the electricity Distribution Company, taking whatever steps may be necessary for the successful completion of the supply and for the modification and cancellation of the supply Contract that the Customer may have established with other Supply Companies prior to the date of this Contract.

5. SUPPLY POINT

For the purposes of the provisions of this Contract, a Supply Point is understood to be the connection or delivery point located at the Customer's installation where the consumption of the electrical energy supplied by the Reseller is measured. The nominal voltage and the contracted powers at which the supply is carried out are those established in the Particular Conditions of this Contract. The maximum powers that the Client may consume under this Contract will be those established in accordance with the applicable regulations.

6. QUALITY OF SUPPLY

Royal Decree 1955/2000 of 1 December 2000, art. 101 to 103 or the regulations that modify or replace it, applicable in each case, shall apply.

In applying it, it is considered that:

It will be the responsibility of the Distribution Company in the area where the supply is located:

  1. The quality of supply
  2. The availability of the same

The Marketing Company (STIN S.A.) undertakes, in turn, to:

  1. Incorporate compliance with the minimum quality levels required in the TPA contract signed with the distribution company, which owns and is responsible for the network.
  2. Apply to the Customer the bonuses, discounts and/or compensation that may be applied by the Distributor for incidents occurring in its network.

7. MEASURING EQUIPMENT

The connection of the installations and metering equipment will be carried out by the Distribution Company under the conditions and within the periods established in Royal Decree 1955/2000, art. 103 and following, or as established in the regulations that modify or replace it.

The Customer shall allow STIN S.A. and the Distribution Company free access to the metering installations to carry out reading, inspection, maintenance, control and verification tasks, and shall also provide access to the data relating to their consumption.

In the event that the electricity meter installed is rented, the regulations in force shall be applied to determine the price to be invoiced for this concept, including the installation, maintenance, validation of consumption and its transmission to the Electricity System Operator, in accordance with its requirements.

If there are other components for electricity metering (transformers, etc.) that are rented, the prices to be invoiced for said rental will be those in force at any given time, which are invoiced by the Distribution Company to the Retailer. In the event that additional metering services are agreed, their prices will be reflected in the Particular Conditions.

8. PRICE. ACCESS TARIFF AND REGULATED VALUES

The price of the supply shall be that established in the Particular Conditions of this Contract.

Price changes shall be updated in accordance with the provisions of the Special Conditions of this Contract.

The access tariff, connection charges, hook-up charges, verification, guarantee deposit and other regulated values that, in accordance with the applicable regulations, the Distribution Company is entitled to receive, will be charged to the Customer. STIN S.A. will pay these regulated values to the Distribution Company and will pass them on to the Customer as part of the price of the supply in a single invoice. Likewise, STIN S.A . will pass on to the Customer any amount claimed by the Distribution Company due to invoices or results of inspection reports in relation to the Customer's supply point.

Variations in access tariffs and any other variation or modification of the other concepts, activities and values that may be approved by the Administration for the period of validity of this Contract will be automatically transferred to the supply prices to the extent that they are applicable, without this being considered a modification of the contractual conditions in the terms established in the point Modification of the Contract Conditions.

Price update based on the price on the wholesale electricity market: the price of the contracted services is based on the average price on the daily energy market for the month prior to the date on which the Contract is signed, CM0 (arithmetic mean of the marginal prices published on www.omie.es). In the event that during the term of the Contract it should happen that for two consecutive months the average daily energy market quotation suffers a net increase of twenty percent to CM0, both upwards and downwards, STIN S.A. will revise the price of application of the Contract in accordance with the market variation, informing the Client of the entry into force of the new prices, which will be applicable from the first day of the month following the month in which it is communicated. The Client may oppose this price revision in writing, whereupon this Contract shall be terminated by mutual agreement between both parties. After the price revision, a new CM0 will be set, on which price variation control will be carried out.

9. INVOICING AND PAYMENT

Invoicing: STIN S.A . will invoice the Customer in accordance with the corresponding consumption reading taken by the Distribution Company. In accordance with Royal Decree 1955/2000, the Distribution Company is responsible for taking the energy consumption readings. The Distribution Company will use these readings both for billing the Customer and for the settlement of said measurement with the System Operator. In the event that the readings are not taken before the end of the billing period, the Customer expressly authorises the Supplier to invoice an estimated amount, taking as a reference the average consumption of its Supply Point during the last three months . The billing will be regularised when the Distribution Company or the Client provides the real consumption information, through the means of communication provided by the Reseller for this purpose. However, STIN S.A. reserves the possibility of billing with estimated consumption data, provided by the Distribution Company, in the event that readings exist, always in accordance with criteria of proportionality with respect to consumption in the same period of the previous year and, if there were none, in the previous monthly periods with read consumption. If there are no readings in the previous monthly periods, consumption will be estimated according to criteria of proportionality with respect to Customers with the same characteristics. For these purposes, STIN S.A . may make supplementary billings once the actual consumption is known, in accordance with the regulations in force.

The billing frequency will be as indicated in the Particular Conditions, and will depend, in any case, on the frequency with which the Distribution Company provides the consumption readings to STIN S.A. It will be billed monthly and bimonthly.

Invoices will detail the consumption and the agreed prices, as well as the rest of the invoicing concepts. The invoice will detail the taxes and surcharges included in the price, which will include, where appropriate, all others that may be approved by the Administration during the period of the Contract.

The billing of reactive energy, if applicable, will be carried out by applying the reactive energy billing term approved by the Administration, as established in the regulations in force. The Electricity Tax will be applied to this supplement. The same concept will be used for power surpluses that occur during the invoiced metering period.

Payment: shall be made by direct debit to the account designated for this purpose by the Customer in the particulars of the Contract.

Late payment: late payment, in full or in part, by the Client, shall accrue, without the need for prior notice, late payment interest equal to the legal interest rate plus two percentage points. In the event that the requirements established in RD 1720/2007 are met, STIN S.A. may proceed to report the incident to the information services on the fulfilment of monetary obligations.

Suspension of supply: STIN S.A. may order the Distribution Company to suspend the supply to the Customer, in accordance with the regulations in force, if after the payment period has elapsed and following a written request from STIN S.A . to the Customer, in accordance with the deadlines set out in this Agreement, full payment of the overdue invoices has not been made. The exercise by STIN S.A . of the right to suspend supply does not exempt the Customer from the obligation to pay the amount of the outstanding invoices, in accordance with the provisions of the Contract. Likewise, any transfer to third parties by the Customer of the electricity supply covered by this Contract shall be cause for immediate suspension of supply.

Once the supply has been suspended, STIN S.A. may terminate the Contract after notifying the Customer. In order for STIN S.A . to enter into a new contract with the Customer in question, it shall be essential for the payment due to be made, including the interest for late payment accrued and the expenses caused by the suspension and eventual reinstatement of the supply, as well as for the payment guarantee required, where applicable, by STIN S.A . to have been constituted in accordance with the terms established in the conditions of this Contract.

Allocation of payments: prior to the main payment, the Client must pay any late payment interest and other expenses that may be due. In the event that the Client has contracted other services with STIN S.A. and partial payments are made, the Client shall be entitled to declare to which of the debts the payment should be applied, in accordance with the terms established in the Civil Code. In the event that the Client does not exercise this power, and once interest and expenses have been covered, the payments shall be applied to the oldest overdue invoices for any supply or service provided by STIN S.A.

10. RESPONSIBILITIES

STIN S.A . shall be liable to the Customer for the supply of electricity and the contracting of access to the grid, under the conditions established in the applicable regulations and in this Contract.

The Customer shall be responsible for its internal installation and for carrying out the mandatory inspections and/or revisions and for maintaining the receiving installations, including the consumer appliances, in a perfect state of conservation and for making proper use of the same.

The Distribution Company in the area will be responsible for the operation and maintenance of the networks and for the availability and quality of supply in accordance with the applicable regulations.

The parties agree that both force majeure and unforeseeable circumstances exclude liability.

The Customer and STIN S.A . disclaim liability for consequential and indirect damages and loss of profits, provided that such damages and losses do not arise from a wilful breach. STIN S.A . shall not be liable for any damages or losses incurred by the Customer as a result of the use by the Customer of consumption that is not in accordance with the terms of this Agreement, unless this is due to causes directly attributable to STIN S.A.

11. SUBROGATION AND ASSIGNMENT

In order to subrogate the rights and obligations of the contract, it will be sufficient to give STIN S.A . reliable notification of the change of ownership, provided that payment is up to date. This notification must contain the agreement of the new Client, who must state their personal details and address for the purpose of submitting invoices, their CIF or NIF, and their direct debit details.

STIN S.A . may assign the contract and the rights and obligations arising from the contract to any investee, related or successor company of NCE that may provide the service that is the object of the contract in the future, with the appropriate notification to the Client being sufficient for this purpose.

12. MODIFICATION OF THE TERMS OF THE CONTRACT

The modification of the conditions of this contract must be notified to the Client at least one (1) month prior to its entry into force, and the Client must be informed of his right to terminate the contract without penalty if he does not agree with the modification.

It is expressly agreed between the parties that if the agreement of the present contract should prove impossible, onerous for any of the parties or give rise to absurd situations, the parties will meet and within 30 days undertake to find a mutually agreed solution. If such a solution is not possible after the aforementioned 30 days, the contract will be automatically terminated on that date.

13. TERMINATION OF THE CONTRACT

The contract may be terminated by mutual agreement of the parties or at the request of one of the parties, after written notice in the means established in this contract, for any of the following reasons:

 

  1. In the cases provided for in the regulations in force for this purpose.
  2. For non-fulfilment of the obligations arising from this contract.
  3. By transfer to third parties, by the Customer, of the established electricity supply.
  4. In cases of fraud, improper manipulation of metering equipment or irregularities in measurements by the Customer, the detection of a direct connection, the existence of deviations to supply energy to an installation not foreseen in the contract, or when its correct operation is prevented in the event of dangerous manipulations. If in these cases the Customer consumed energy that was not billed, or was billed inappropriately, STIN S.A . shall be entitled to issue an invoice in which the corresponding amount is recovered. If it is not possible to calculate this, the best available alternative values will be used.
  1. Due to the Customer's activity, non-use of electricity on its premises or failure to initiate the consumption of electricity covered by this contract.
  2. Bankruptcy or insolvency of one of the parties.

The termination of the contract will occur automatically from the moment in which the party that has originated the cause of the termination receives the communication from the other party, stating the express desire to terminate the contract and the cause of the termination.

In the event of unilateral termination of the contract by the Customer, either in whole or in part, for any reason not contemplated herein prior to the date of its termination, STIN S.A. shall be entitled, without prejudice to other actions, to claim the amount resulting from multiplying the volume of electricity to be consumed, according to the volume agreed in the specific conditions, by 0.5 cents, as fixed costs incurred by this contract.

14. PROCESSING OF PERSONAL DATA

By signing this contract, the Customer authorises STIN S.A. to:

  1. to machine your personal data
  2. the inclusion of your personal data in its database for the sole purposes of the company
  3. the transfer of your personal data to third parties in so far as their involvement is necessary for the purposes of this contract
  4. De conformidad con lo establecido en el REGLAMENTO (UE) 2016/679 de protección de datos de carácter personal, le informamos que los datos que usted nos facilite serán incorporados al sistema de tratamiento titularidad de Stin, S.A. con domicilio en C/Teodoro Camino, nº17, bajo - 02002, Albacete (España), con la finalidad de la gestión administrativa, publicitaria, promocional o de cortesía. La legitimación para el uso de sus datos, está basada en la ejecución de un contrato o prestación de servicios. Sus datos podrán ser cedidos a aquellas entidades que los necesiten para poder prestarle nuestros servicios o por obligación legal. Se procederá a tratar sus datos de manera lícita, leal, transparente, adecuada, pertinente, limitada, exacta y actualizada. Mientras no nos comunique lo contrario, entenderemos que sus datos no han sido modificados y que usted se compromete a notificarnos cualquier variación. De acuerdo con la normativa vigente podrá ejercer los derechos de acceso, rectificación, supresión y portabilidad de sus datos, de limitación y oposición a su tratamiento así como revocar el consentimiento prestado, dirigiendo su petición a la dirección postal arriba indicada, adjuntando una fotocopia de su DNI. Si considera que sus datos han sido vulnerados, puede dirigirse a la Autoridad de Control competente para presentar la reclamación pertinente.

15. JURISDICTION

The present contract shall be governed by the stipulations contained herein and by the regulations in force at any given time and especially by the provisions of Law 54/97 of 27 November on the Electricity Sector.

In the event of any discrepancy or dispute arising from the interpretation, application or execution of this contract, the Seller and the Client, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of the place where the service is provided in the city of Albacete, unless otherwise agreed between the parties.

16. ORDER OF DOCUMENTARY PREVALENCE

In the event of any discrepancy between the General Conditions of Contract and the other contractual documents, the following order shall prevail: firstly, the particular conditions and, secondly, the general conditions.

17. REBUS SIC STANBIUS

The content of the above clauses is subject to modifications motivated by future legal regulations during the period of validity of this contract, as well as those derived from the regulation of the electricity market.

Express reference is made in the previous paragraph to network access tariffs (ATR), metering equipment rental tariffs, electricity tax, as well as any other element referring to the electricity bill that may be determined by future legal regulations, whether already implemented or to be implemented in the future.

18. NON-PAYMENT REGISTER

In the event that the Client does not pay the debts contracted for the provision of the contracted services within the period established in the second reliable notification of non-payment, STIN S.A . may include the Client's details in a computerised register of non-payments. This register is a shared file available to the entities belonging to the association that manages this file.

As soon as this debt is paid, the Client's data will be immediately removed from the computerised register of unpaid debts, and the Client will be duly notified by STIN S.A.