ANNEX A
RULES ON USE OF THE CAPACITY PORTAL SERVICE
Definitions
Network Code: means the Carrier’s Network Code approved by the Electricity and
Gas Authority under Resolution no. 75/2003 and its subsequent updates.
Contract: means the Transport Contract concluded between Snam Rete Gas and User.
Rules on use: mean the provisions under this document which govern the Portal Capacity Service.
Regulations on use: means the document annexed to this document under A1 and any
amendments or supplements thereto.
Portal Capacity Service: means the WEB interface service prepared by the Carrier
and offered to Users for internet management of capacity booking, trade and/or transfer
processes of transportation capacity of natural gas on the Carrier’s network, as provided
by Network Code.
Carrier: means Snam Rete Gas S.p.A.
User: means the User, which after that qualifications have been delivered by the Carrier, logins and operates on the Capacity Portal Service and which, after the capacity subscription, acquires transportation capacity for its own use or for trading to others.
Article 1.) Compliance with the Portal Capacity Service
1.1
With the signing of Contract, the User and Snam Rete Gas convene that all process and trading of capacity booking, trade and/or transfer processes of transportation capacity of natural gas referred to Contract will make via Capacity Portal, in
accordance with all the rules and conditions contained in Rules on Use and Regulations on use.
1.2. User expressly agree that, for duration of Contract, all processes and trading of
capacity booking, trade and/or transfer processes of transportation capacity of natural gas on the Carrier’s network must make only via Capacity Portal, as provided
by Network Code.
The User expressly agrees that, in accordance with art. 1352 of the Italian Civil
Code, from the starting date of Contract and for his duration, the Capacity Portal
will be the only valid and allowed form for the above processes and trades.
- AT 2013/2014 -
-2-
Article 2.) Contractual sources
The Portal Capacity Service is regulated by these Rules on use and by their annexes,
which constitute an integral, essential part thereof.
2.1
Capacity Portal is regulated by Rules on Use and Regulations on Use. User declares to know all the Regulations on Use contents and undertake to implement
and respect it.
2.2
For other matters not expressly provided by Rules on Use and Regulations on
Use, see the Network Code and Authority rules, that User and Carrier undertake to
respect and apply.
Article 3.) Features and execution of Capacity Portal Service
3.1
After the signing of Contract, the Carrier sends to User qualifications (user and
password) for Capacity Portal login.
The Capacity Portal qualifications will delivered by e-mail to the e-mail address
indicated into paragraph 11.5 of Transport Contract.
User, via its own telephone and internet providers and using its own hardware,
links to Capacity Portal after have made the login in Carrier’s Website using the
qualifications above. Here it could operate in accordance with Regulations on
Use. Capacity Portal be available 24 hours a day, 7 days a week.
3.2
User ensures that connection and technologies (hardware and software) above
availability and reliability work correctly.
User acknowledge that Carrier is not involved in connection used by User for
communicate its operations and, therefore, acknowledges that Carrier is not – and
will not be - responsible for it, and/or third parties for any problem resulting from
access, use or inability to access and/or utilization of Capacity Portal.
User expressly indemnify and hold harmless Snam Rete Gas against any and all
requests and/or objections brought against it in this regard by any party
whatsover.
3.3
Carrier, exclude obligations imposed by law and Network Code, guarantees the
confidentiality of information used for Capacity Portal, and its integrity, by means
of adequate protection against unauthorised access.
Carrier reserves the right to change and/or integrate the functionality of Capacity
Portal and Regulations on use, which will communicate via post published on
Carrier Website page used for login to Capacity Portal. User declares to accept
above changes and/or integrations if have purely technical nature.
- AT 2012/2013 -
-3-
Article 4.) Efficacy of notices and declarations made through Portal Capacity Service
4.1
User and Carrier declare and accept to ascribe full negotiating and contractual efficacy to transactions carried out and to notices sent using the instruments and
technical-operational procedures provided by the Portal Capacity Service.
4.2
Excluding, in any event, the Carrier’s liability for incomplete and/or incorrect
and/or delays in transmissions for data notified by the User. In any event, refferring to Network Code, Carrier’s liability is limited to cases of fraud or serious
fault.
Article 5.) User Liability
5.1
User and its employees, auxiliaries and/or associates whom have authorisation to
operate on Capacity Portal are obliged to safeguard the qualifications with utmost care and diligence.
User, also in name of and on behalf of above people, commits himself to not divulge to others the qualifications, in full awareness that User identification is effected by checking the codes entered by the User and/or by its employees, auxiliaries and/or associates when it log on Capacity Portal.
User expressly acknowledges and agrees that any abuse or misuse of qualifications by third parties, even in case of loss or theft, that could make damages to
User, others and/or Carrier, is responsibility of User and that the Carrier is foreign
from any responsibility.
5.2
The identification of subjects authorized to operate on Capacity Portal is provided
by User as described in Regulations on Use.
The delegation by the User to its employees, auxiliaries and/or associates of Capacity Portal utilization is direct and exclusive responsibility of User, in accordance with Regulations on Use.
The Capacity Portal qualifications are valid until the end of Thermal Year
2012/2013, after that will care of User asking, expressly and in due time, to Carrier to resend new qualifications. The request, made on company letterhead and
signed by subject qualified, must contain e-mail address where Carrier send the
new credentials.
Article 6.) Conservation, registration and proof
6.1
The Carrier conserves the recording of all data sent and received from User
through Capacity Portal for a period of ten years.
6.2
The recording of data contained into electronic flows sent and/or received from
the User through Capacity Portal shall be accessible by User in accordance with
Regulations on use.
6.3
In case of objection and/or dispute, User and Carrier are agreed that the data conserved by the Carrier in accordance with paragraph 6.1 above shall have evidential
- AT 2012/2013 -
-4-
as private deed and will be proof of action for fraud and exclude any other means
of proof.
Article 7.) Circumstances beyond Carrier control. Exclusion of Carrier’s liability
The Carrier shall not be answerable for prejudicial consequences resulting from interruptions to Capacity Portal which are due to circumstances beyond Carrier control not
attributable to it, which shall include, for example and not exhaustively: interruption,
slow down or bad operating of telephone service, or supply of electricity, malfunctions
of internet network or of internet service provider, or of software used to provide on
Capacity Portal, lock outs or strikes, also by Carrier’s staff, impediments or obstacles
caused by law or by deeds of National or Foreign Authorities, measures or legal deeds
or third party deeds, or other reasons not directly attributable to Carrier.
Article 8.) Term
8.1
User may use Capacity Portal in accordance with Rules on Use, from signing date
and for entire term of the Contract.
8.2
User shall be able to access to Capacity Portal for a period of 6 (six) months after
the Contract ceases for whatever reason, purely in order to view its own processes
and transactions made for Capacity booking, trade and transfer of transportation
capacity of natural gas made during the term of Contract.
Article 9.) Right to interrupt the Portal Capacity Service
9.1 User entitles Carrier to suspend or terminate the access to Capacity Portal with
immediate effect, after have sent to User relevant written notification:
a) in all cases of original or occurring ineffectiveness, interruption, resolution
and/or suspension of Contract in accordance with Paragraph 19.3 of Network
Code;
b) in case of Contract trading;
c) in case User default the obligations provided in Rules on Use.
9.2 The communication of suspension or interruption of Capacity Portal shall be validly
if notified via e-mail at address indicated in paragraph 11.4 of Contract. As an alternative, this communication can be published on Carrier’s website or home page
of Capacity Portal.
San Donato Milanese, …….. [date]
In acceptance:
- AT 2012/2013 -
-5-
Pursuant to and for the purposes of arts. 1341 and 1342 of the Italian Civil Code, the
User declares to approve the clauses of the Contract recalled hereunder:
Article 1.) Compliance with the Portal Capacity Service
Article 3.) Characteristics and operating of the Portal Capacity Service
Article 4.) Efficacy of notices and of declarations made through the Portal Capacity
Service
Article 5.) User liability
Article 6.) Preservation, registration and proof
Article 7.) Reasons of force majeure. Exclusion of Carrier’s liability
Article 9.) Right to interrupt the Portal Capacity Service
San Donato Milanese, …….. [date]
In acceptance:
- AT 2012/2013 -