ANNEX A to the Access Agreement
RULES FOR USE OF THE CAPACITY PORTAL SERVICE BY
THE PSV TRADER
Definitions
Network Code: the Network Code of the Transporter - approved by the Authority for
Electricity and Gas with its Resolution no. 75/2003 - as revised.
Agreement: the Access Agreement executed by and between Snam Rete Gas and the
PSV TRADER.
Rules for use of the capacity portal service (hereafter: Rules for use): the provisions
of the present document, which regulate the Capacity Portal Service.
Regulations for the use of the Capacity Portal Service (hereafter: Regulations for
use): Annex A1 to the present document, constituting an integral and substantial part
thereof.
Capacity Portal Service: the service with Web interface devised by the Transporter
and offered to Users for the management via Internet of the processes of contribution,
sale and transfer of natural gas transportation capacity on the Transporter’s network, as
prescribed by the Network Code.
Transporter: Snam Rete Gas S.p.A.
PSV TRADER: the PSV TRADER – as defined in the document “Terms for selling
and trading natural gas at the Virtual Trading Point” - which, after being provided with
credentials by the Transporter, accesses and operates on the Capacity Portal Service to
view the system’s exposure to the PSV TRADER “EPSuk” and the guarantees
presented to hedge said exposure “MEPSuk” in relation to the balancing service.
Article 1) Subscription to the Capacity Portal Service
1.1
By executing the Agreement, the PSV TRADER accepts that the reports
pertaining to the monitoring of the exposure of the system to the PSV TRADER
under the Agreement shall be made available by the Transporter exclusively
through the Capacity Portal Service, according to the terms and conditions
established in these Rules for use of the service and in the Regulations for use.
The PSV TRADER recognises and expressly accepts, also in accordance with
Article 1352 of the Italian Civil Code, that, from the initial date of validity of the
Agreement and throughout its term of validity, the Capacity Portal Service shall
be the sole valid and allowed form for viewing the aforesaid reports.
Article 2) Rules and Regulations
2.1
The Capacity Portal Service is regulated by the Rules for use and by the
Regulations for use. The PSV TRADER declares that it is fully aware of the
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ANNEX A to the Access Agreement
2.2
contents of the Regulations for use and undertakes to enforce them and comply
with them.
For all matters not expressly prescribed by the Rules for use and by the
Regulations for use, reference is made to the provisions of the Network Code as
well as to the regulatory standards of the industry, which the Parties undertake to
enforce and comply with.
Article 3) Characteristics and execution of the Capacity Portal Service
3.1
Following the signature of the present document and the execution of the
Agreement, the Transporter shall provide the PSV TRADER with the credentials
(username and password) for access to the Capacity Portal Service. The
credentials for accessing the Capacity Portal Service shall be delivered with a
notice to be sent via e-mail to the PSV TRADER at the email address indicated in
Article 9.5 of the Agreement.
The PSV TRADER, through its own telephone and Internet service provider
contracts and using its own equipment, shall connect to the Transporter's Website
and, using the aforesaid credential, will be able to access and use the Capacity
Portal Service according to procedures, criteria and terms indicated in the attached
Regulations for use.
As a rule, the Capacity Portal Service shall be available 24/7.
3.2
The PSV TRADER shall bear all liability with respect to the aforesaid connection
and to the suitability of the technologies (hardware and software) available to it,
and guarantees their reliability and perfect functionality.
The PSV TRADER recognises that the Transporter is completely unrelated to the
telephone network used by the PSV TRADER to transmit its instructions and,
therefore, it recognises that the Transporter is not - and may not be held - liable
with respect to it and/or to any third parties, for any and all possible damages
deriving from access, utilisation or inability to access and/or to utilise the
Capacity Portal Service.
For this purpose the PSV TRADER expressly indemnifies and holds harmless
Snam Rete Gas from any and all claims and/or complaints advanced by anyone
against it in this regard.
3.3
The Transporter, without prejudice to the obligations imposed by the law and by
the Network Code, guarantees the confidentiality of the information processed
through the Capacity Portal Service, as well as its integrity, by providing adequate
protection against unauthorised accesses.
To this end, the Transporter reserves the right to make amendments and/or
additions to the functionality of the Capacity Portal Service and to the Regulations
for use, of which the PSV TRADER shall be informed in a timely manner with a
message provided in the Web pages for access to the Capacity Portal Service. The
PSV TRADER hereby declares that it accepts said amendments and/or additions
when they are of merely technical nature.
Article 4) Effectiveness of the communications and of the statements made through the
Capacity Portal Service
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ANNEX A to the Access Agreement
4.1
The PSV TRADER, together with the Transporter, declares and accepts that it
shall attribute full contractual effectiveness to the communications sent using the
instruments and the technical-operational procedures prescribed by the Capacity
Portal Service.
4.2
In any case, the Transport shall not be held liable for any incompleteness and/or
inaccuracy of the data communicated by the PSV TRADER and/or for
transmission delays. In every other case, in accordance with the Network Code,
the Transporter’s liability is limited only to cases of malice or gross negligence.
Article 5) Responsibilities of the PSV TRADER
5.1
The PSV TRADER shall safeguard with the utmost care and diligence the
credentials for accessing the Service, on its own or through its own employees,
auxiliary personnel and/or contractors authorised by it to operate on the Capacity
Portal Service. The PSV TRADER, also on behalf of the aforementioned persons,
further undertakes not to surrender and not to disclose said credentials to any
others, being fully aware that the PSV TRADER and the persons authorised by it
are identified through the verification of the codes entered when accessing the
Capacity Portal Service.
Therefore, the PSV TRADER recognises and expressly accepts that it shall bear
sole and exclusive liability for any abuse, improper or unlawful use of the access
credentials by anyone, even if they are lost or stolen, which should entail damages
to the PSV TRADER and/or to third parties in general and/or to the Transporter,
and the Transporter shall be deemed fully exonerated and indemnified against any
and all liability in this regard.
5.2
The persons authorised to operate on the Capacity Portal System shall be
identified by the PSV TRADER in accordance with the procedure better described
in the Regulations for use.
The PSV TRADER shall delegate its employees, auxiliary personnel and/or
contractors to use the Capacity Portal Service under the direct and exclusive
responsibility of the PSV TRADER, in accordance with the procedures described
in the Regulations for use.
The access credentials for the Capacity Portal Service shall be valid until the end
of the Thermal Year [2014/2015..], at the expiration of which the PSV TRADER
shall expressly request the Transport, with suitable advance notice, to issue new
credentials for accessing the Service. The request, formulated on the letterhead of
the PSV TRADER and signed by a person vested with adequate powers, shall
specify the email address to which the new credentials are to be sent.
Article 6) Retention, recording and proof
6.1
The Transporter shall retain the recording of all data sent and received by the PSV
TRADER through the Capacity Portal Service, for a period of ten years.
6.2
The recording of the data contained in the electronic flows sent and/or received by
the PSV TRADER through the Capacity Portal Service shall be accessible at the
Capacity Portal Service in the ways prescribed by the Regulations for use.
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ANNEX A to the Access Agreement
6.3
In case of dispute and/or controversy, the Parties agree that the data retained by
the Transporter in accordance with the provision of Paragraph 6.1 shall have
equivalent evidential value to that of the recognised private agreement and hence
shall fully serve as proof between the Parties unless proven false in an action for
fraud, with the exclusion of all other evidence.
Article 7) Force majeure. Exclusion of Liability of the Transporter
7.1
The transporter may not be held liable for the unfavourable consequences deriving
from interruptions of the Capacity Portal Service due to force majeure or to
another cause outside its control, including, merely by way of non-comprehensive
example: suspension, slow-down or poor operation of the telephone service, or of
the electricity supply, malfunctions of the Internet or of the Internet service
provider, or of the software used for the performance of the Capacity Portal
Service, lock-outs or strikes, including those by the Transporter's personnel,
hindrances or hurdles caused by law provisions or by acts of domestic or foreign
Authorities, juridical orders or decisions or actions by third parties, or other
causes not directly ascribable to the Transporter.
Article 8) Duration
8.1
The PSV TRADER may make use of the Capacity Portal Service, in compliance
with the terms and conditions of these Rules for use, from the date of execution
and throughout the duration of the Agreement.
8.2
For a period of 6 (six) months after termination, for any reason, of the Agreement,
the PSV TRADER shall be authorised to access the capacity Portal Service for
viewing purposes only.
Article 9) Right to suspend or cease the Capacity Portal Service
9.1
The PSV TRADER recognises that the Transporter is entitled to suspend or
definitively cease the PSV TRADER’s access to the Capacity Portal Service, with
immediate effect but after serving the related notice to the PSV TRADER.
a) in all cases of original or subsequent ineffectiveness, cessation, termination
and/or suspension of the Agreement and otherwise in the cases prescribed by
Chapter 19, Paragraph 3 of the Network Code;
b) in case of Assignment of the Agreement;
c) if the PSV TRADER breaches its obligations prescribed herein.
9.2
Notice of the cessation or of the suspension of the Capacity Portal Service shall be
validly served if sent electronically, to the last electronic mail address indicated in
accordance with Article 11.4 of the Agreement. Alternatively, for reasons of a
general nature, said notice may be served via message included in the Web pages
allowing access to the Capacity Portal Service or via message published on the
Transporter’s website.
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ANNEX A to the Access Agreement
San Donato Milanese, … [Date]
For acceptance:
In accordance with Articles 1341 and 1342 of the Italian Civil Code, the PSV TRADER
declares that it specifically approves the clauses of the Agreement specifically
referenced below:
Article 1) Subscription to the Capacity Portal Service
Article 3) Characteristics and execution of the Capacity Portal Service
Article 4) Effectiveness of the communications and of the statements made through the
Capacity Portal Service
Article 5) Responsibilities of the PSV TRADER
Article 6) Retention, recording and proof
Article 7) Force majeure. Exclusion of Liability of the Transporter
Article 9) Right to suspend or cease the Capacity Portal Service
San Donato Milanese, … [Date]
For acceptance:
Attached:
A1. Regulations for use
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