ATTACHMENT A to the Access Contract
RULES FOR USE OF THE CAPACITY PORTAL SERVICE
BY VTP TRADERS
Definitions
Network Code: means the Transporter’s Network Code - approved by the Italian
Authority for Electricity and Gas with Resolution no. 75/2003 – and its subsequent
updates.
Contract: means the Access Contract concluded between Snam Rete Gas and the VTP
TRADER.
Rules for use of the capacity portal service (hereinafter: Rules for Use): mean the
provisions of this document which govern the Capacity Portal Service.
Regulations for use of the Capacity Portal Service (hereinafter: Regulations for
Use): mean the document attached hereto under letter A1, forming an integral and
substantive part of this document.
Capacity Portal Service: means the service with web interface provided by the
Transporter and offered to the Shippers for web management of the processes of
booking, trading and transfer of natural gas transportation capacity on the Transporter’s
network as provided by the Network Code.
Transporter: means Snam Rete Gas S.p.A.
VTP TRADER: means the VTP TRADER – as defined in the document “Conditions
for the trading and exchange of natural gas at the Virtual Trading Point” – which, after
delivery of credentials from the Transporter, accesses and operates on the Capacity
Portal Service in order to view the system’s exposure towards the VTP TRADER
“EPSuk” and the guarantees provided to cover said exposure “MEPSuk” with regard to
the balancing service.
Article 1) Subscription to the Capacity Portal Service
1.1
In signing this Contract, the VTP TRADER accepts that the reports on monitoring
of the exposure of the system to the VTP TRADER forming the subject of the
Contract shall be made available by the Transporter exclusively through the
Capacity Portal Service, in accordance with the terms and conditions established
by these Rules for Use and by the Regulations for Use.
The VTP TRADER acknowledges and specifically accepts, also pursuant to
Article 1352 of the Italian Civil Code that, from the date the Contract enters into
force and for its full duration, the Capacity Portal Service shall constitute the only
valid and permitted form for viewing the aforesaid reports.
Article 2) Governing rules
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ATTACHMENT A to the Access Contract
2.1
2.2
The Capacity Portal Service is governed by the Rules for Use and by the
Regulations for Use. The VTP TRADER declares that it is fully aware of the
contents of the Regulations for Use and undertakes to apply and observe them.
For any matters not specifically governed by the Rules for Use and by the
Regulations for Use, reference shall be made to the provisions of the Network
Code and to the sector regulations, which the Parties undertake to observe and
apply.
Article 3) Characteristics and execution of the Capacity Portal Service
3.1
After the signing of this document and conclusion of the Contract, the Transporter
shall provide the VTP TRADER with its credentials (username and password) for
access to the Capacity Portal Service. The credentials for access to the Capacity
Portal Service shall be provided in a communication to be sent by e-mail to the
VTP TRADER at the e-mail address stated in Article 9.5 of the Contract.
By means of its own telephone and internet service provider contracts and using
its own equipment, the VTP TRADER shall connect to the Transporter’s website
and, using the aforesaid credentials, may access and use the Capacity Portal
Service in accordance with the procedures, criteria and terms stated in the attached
Regulations for Use.
The Capacity Portal Service shall usually be available 24 hours a day, seven days
a week.
3.2
The VTP TRADER assumes full responsibility for the aforesaid connection and
for the suitability of the technology (hardware and software) at its disposal and
guarantees its reliability and proper functioning.
The VTP TRADER acknowledges that the Transporter has nothing whatsoever to
do with the telephone network used by the VTP TRADER for the purpose of
transmitting its instructions and therefore acknowledges that the Transporter is not
– and may not be – held liable towards it and/or towards third parties, for any
damage arising from access, use or inability to access and/or use the Capacity
Portal Service.
For this Purpose the VTP TRADER specifically indemnifies and holds Snam Rete
Gas harmless from any request and/or claim raised against it by anyone in this
regard.
3.3
Without prejudice to the obligations required by law and by the Network Code,
the Transporter guarantees the confidentiality of the information handled through
the Capacity Portal Service, as well as its integrity, through appropriate protection
from unauthorised accesses.
Also for this purpose the Transporter reserves the right to amend and/or integrate
the facilities of the Capacity Portal Service and the Regulations for Use, of which
it shall promptly inform the VTP TRADER through a message displayed on the
web pages for access to the Capacity Portal Service. The VTP TRADER hereby
declares that it accepts said amendments and/or integrations when they are of a
merely technical nature.
Article 4) Effectiveness of communications and declarations provided through the
Capacity Portal Service
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ATTACHMENT A to the Access Contract
4.1
The VTP TRADER and the Transporter declare and accept to give full negotiating
and contractual effectiveness to the communications sent using the tools and the
technical-operational procedures provided by the Capacity Portal Service.
4.2
The Transporter’s liability is in any case excluded for any incompleteness and/or
inaccuracy in the data communicated by the VTP TRADER and/or for delays in
transmissions. In every other case, pursuant to the Network Code, the
Transporter’s liability is limited to cases of wilful misconduct or gross negligence
only.
Article 5) VTP TRADER’s liabilities
5.1
The VTP TRADER is required to safeguard, personally or through the employees,
auxiliary staff and/or collaborators that it may have authorised to operate on the
Capacity Portal System, the credentials for access to the Service, with the greatest
care and diligence. The VTP TRADER, also in the name and on behalf of the
aforesaid persons, undertakes not to assign and not to disclose said credentials to
others, in the full awareness that identification of the VTP TRADER and the
persons authorised thereby is achieved through verification of the codes entered
during the phase of access to the Capacity Portal Service.
The VTP TRADER therefore specifically acknowledges and accepts that it shall
be exclusively liable for any abuse, improper or unlawful use of the access
credentials by anyone, even in the case of loss or theft, that causes damage to the
VTP TRADER and/or to third parties in general and/or to the Transporter, as the
Transporter shall be considered to have nothing whatsoever to do with the matter
and to be exonerated of any liability.
5.2
The persons authorised to operate on the Capacity Portal System are identified by
the VTP TRADER in accordance with the procedure described in greater detail in
the Regulations for Use.
The VTP TRADER is directly and exclusively responsible for delegating its own
employees, auxiliary staff and/or collaborators to use the Capacity Portal Service,
in accordance with the procedures described in the Regulations for Use.
The credentials for access to the Capacity Portal Service are valid until the end of
the Thermal Year 2014/2015, upon the expiry of which the VTP TRADER shall
be responsible for requesting, specifically and well in advance, the Transporter to
issue new credentials for access to the Service. The request, drawn up on the VTP
TRADER’s headed paper and signed by a person with appropriate powers, must
state the e-mail address to which to send the new credentials.
Article 6) Retention, recording and proof
6.1
The Transporter shall record all the data sent and received by the VTP TRADER
through the Capacity Portal Service, for a period of ten years.
6.2
The recordings of the data contained in the electronic flows sent and/or received
by the VTP TRADER through the Capacity Portal Service may be accessed by the
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ATTACHMENT A to the Access Contract
VTP TRADER in accordance with the procedures set forth in the Regulations for
Use.
6.3
In the event of complaint and/or dispute, the Parties agree that the data retained by
the Transporter in compliance with the provisions of paragraph 6.1 shall have the
same evidential value as the recognised private agreement and shall provide full
evidence between the Parties unless they are legally proven to be false, with the
exclusion of any other means of proof.
Article 7) Cases of force majeure. Exclusion of the Transporter’s liability
7.1
The Transporter shall not be liable for the negative consequences arising from
interruptions of the Capacity Portal Service due to force majeure or to other
causes beyond its control, including by way of example but not limited to,
suspension, slowdown or malfunctioning of the telephone or electricity service,
malfunctioning of the internet or of the internet service provider, or of the
software used to perform the Capacity Portal Service, lock-outs or strikes, even of
the Transporter’s personnel, impediments or obstacles determined by provisions
of the law or by measures of national or foreign authorities, orders or measures of
a legal nature or third party actions, or other causes not directly attributable to the
Transporter.
Article 8) Duration
8.1
The VTP TRADER may use the Capacity Portal Service, in compliance with the
terms and conditions set forth in these Rules for Use, from the date the Contract is
signed and for its full duration.
8.2
For a period of six (6) months after termination of the Contract for any reason, the
VTP TRADER shall be authorised to access the Capacity Portal Service for
viewing purposes only.
Article 9) Right to suspend or interrupt the Capacity Portal Service
9.1
The VTP TRADER recognises the Transporter’s right to permanently suspend or
interrupt the VTP TRADER’s access to the Capacity Portal Service, with
immediate effect but subject to dispatch of appropriate notice to the VTP
TRADER:
a) in all cases of original or supervening ineffectiveness, termination, cancellation
and/or suspension of the Contract or in the cases provided by Chapter 19,
Paragraph 3 of the Network Code;
b) in the case of assignment of the Contract;
c) if the VTP TRADER fails to perform the obligations required of it pursuant to
this document.
9.2
The notice of interruption or suspension of the Capacity Portal Service shall be
validly provided if forwarded by electronic means, to the last e-mail address stated
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ATTACHMENT A to the Access Contract
in accordance with Article 11.4 of the Contract. Alternatively, for general reasons,
the notice may be provided through a message displayed on the web pages for
access to the Capacity Portal Service or through a message published on the
Transporter’s website.
San Donato Milanese, ……..
By way of acceptance:
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the
VTP TRADER declares its specific approval of the clauses of the Contract mentioned
below:
Article 1) Subscription to the Capacity Portal Service
Article 3) Characteristics and execution of the Capacity Portal Service
Article 4) Effectiveness of communications and declarations provided through the
Capacity Portal Service
Article 5) VTP TRADER’s liabilities
Article 6) Retention, recording and proof
Article 7) Cases of force majeure. Exclusion of the Transporter’s liability
Article 9) Right to suspend or interrupt the Capacity Portal Service
San Donato Milanese, ……..
By way of acceptance:
Attached:
A1. Regulations for Use
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