General contracting conditions - Servicios energéticos avanzados

General conditions of contract for the supply of electricity of Servicios Energéticos Avanzados SL (SEA SL)

1. OBJECT OF THE CONTRACT

1.1 – The object of this contract (“Supply Agreement”) is the supply of electricity by SERVICIOS ENERGÉTICOS AVANZADOS SL (“the Supplier”) to the Client’s facilities at the connection point (“Supply Point”) indicated in the Specific Conditions of this Agreement. By signing this Supply Agreement, and unless the Client does not expressly state its intention to contract access to the distribution network (“Access Contract”) directly with the Distribution Company in the area where the Client’s installation is located (“Distribution Company”), the Client expressly accepts the joint contracting of the purchase of energy and access to the network through the Retailer. Therefore, it expressly authorises you, on its behalf, to sign or modify the Access contract with the Distribution Company and to change the access tariff, assuming the costs and your legal position in the aforementioned access contract. The Client declares that they are up to date with their payments in relation to the supply of electricity subject to this contract and undertakes not to terminate the aforementioned Access Contract that the Retailer formalises with the Distribution Company, while this Supply Contract is in force.
1.2 – This Supply Contract is of a personal nature, so the Customer who owns the Contract must be, at all times, the effective user with fair title to the electricity supplied, who may not use it for uses other than those for which it was contracted, nor transfer it, dispose of it or make it available to third parties. The Client is responsible for the veracity of all the data provided to SEA for the correct processing of the Contract and will be responsible for all costs generated by the errors transmitted to SEA on them. This Agreement shall be governed by all the stipulations contained herein and by the regulations in force at all times.

2. ONLINE CONTRACTING

2.1 By decision of both parties, this Supply Contract is concluded online through the website owned by SEA and is entered into by the Client https://seravanzados.com acceptance of the general and specific contractual conditions of the service in the online contracting process. Once the Client has accepted the conditions, SEA will send them an email confirming the contracting of the service together with the particular and general conditions subscribed regarding the supply of electricity. Likewise, after sending the email confirming the subscription of the contract, the User will receive a code by SMS that must be entered in said email in order to sign the document. If the code is entered successfully, the user will receive a new e-mail attaching the corresponding supply contract signed by the user.
2.2 Likewise, the Client agrees to receive invoices electronically, which are accessed for consultation and download in the Client Area.
2.3 A copy of these General Terms and Conditions, as well as of the Specific Conditions, will be permanently accessible in the Clients area of the website.
2.4 The client declares to be the real and legal owner of the contract that is signed, being available to present to SERVICIOS ENERGÉTICOS AVANZADOS SL, if it so requires, the relevant documentation that proves such ownership. It also declares that it is aware of the legal consequences that any irregularity in the veracity of the above statement may entail and SERVICIOS ENERGÉTICOS AVANZADOS SL is exempt from it, reserving the pertinent legal actions if necessary.

3. SUPPLY POINT AND TECHNICAL CONDITIONS

For the purposes of this Contract, the Supply Point is understood to be the connection or delivery point located at the Client’s facility, where the measurement of the consumption of the electricity supplied by the Marketer is carried out. The contracted powers with which the supply is made are those that appear in the Particular Conditions, in accordance with the provisions of current regulations and, in particular, in accordance with Royal Decree 1164/2001, of 26 October. The customer will provide the cadastral reference associated with the location where any contracted supply point is located.

4. DURATION OF THE CONTRACT, ENTRY INTO FORCE AND START OF SUPPLY

The duration of this Contract is one year, counting from the date of commencement of the supply, and may be automatically extended for periods of the same duration, unless either of the parties communicates its willingness to terminate it at least 15 calendar days before the date of its expiration or any of its extensions. by any means that allows the identity and will of the interested party to be recorded. If the contract has a fixed duration, having defined and signed in the contractual references the start and end date of the same, the application of the previous paragraph referring to the automatic annual extension will not be appropriate, but it will be terminated immediately on the end date defined by the contract. If the parties wish to extend their contractual relationship when the contract ends date, they must sign a new contract. The Contract will enter into force at the time of its signing, although its effectiveness is conditional on the Distribution Company granting access to the distribution network.

5. VIRTUAL BATTERY CONDITIONS:

The service called SEA’s Virtual Battery (hereinafter, “BVSEA”) is aimed exclusively at those customers who have – or will have – a self-consumption installation and are – or will be – covered by the self-consumption supply modality with surpluses under compensation, in accordance with the provisions of Royal Decree 244/2019, of 5 April. Likewise, the customer must be registered in this service through private contracting with SEA to manage the BVSEA. The BVSEA service consists of recording and accumulating the surplus energy generated by the self-consumption installation in an accessible virtual piggy bank so that it is converted into an economic balance that, in turn, can be applied as a discount on the electricity supply bills contracted by the customer. The balance associated with surplus energy will accumulate monthly, with no maximum limit or expiration date and can be converted into discounts at any time while the service is activated. The discount may be applied to other supply points other than the one linked to the self-consumption installation, provided that the owner of the supply point is the same in all of them, and is up to date with their payment obligations. In no case may the application of the discounts imply the issuance of negative invoices by SEA or the direct payment of amounts in favour of the customer. The hourly price associated with the surplus hourly energy of the simplified compensation mechanism for the purposes of Royal Decree 244/2019, of 5 April, will be that established in the specific conditions of the contract. Likewise, the amount at which this energy will be converted into an economic balance in the BVSEA and the monthly fee that the customer will pay to SEA. Optionally, the product can have another secondary contract associated with it without self-consumption (only one associated contract, no more than one) that will take advantage of the discount on the compensation invoice. A maximum of 2 contracts may be associated with a virtual battery (main contract with self-consumption + secondary contract without self-consumption) and two contracts associated with a virtual battery must have the same payer. If you change the payer of the main contract, you lose any remaining balance after the last invoice. When there is a change of owner (with the same payer) a new contract is created. In these cases, when the new policy is activated with an associated virtual battery, it shares a payer with a cancellation contract that has the same positive balance. If the payer associated with the virtual battery has debt from a previous bill, the discount cannot be made. In no case may a discount be applied for virtual battery greater than the maximum compensation allowed by the self-consumption compensation rules (even for the secondary contract). The virtual battery can only have negative values when correcting invoices / credits are made on an invoice that has entered a positive balance in the virtual battery. For other cases, it should not be possible to add a negative amount to the virtual battery when the balance is less than 0. The cost of the service will be indicated in the specific conditions contained in each of the self-consumption contracts for compensation and the BVSEA service has been registered. The BVSEA service will have an annual duration, being automatically extended for equal periods, unless otherwise notified by either party with a minimum notice of fifteen (15) days. SEA reserves the right to modify or revoke these conditions at any time, which will be communicated at least one month in advance, with the customer having the right to terminate the service contract at no cost. Likewise, SEA will cancel the BVSEA service in the event that the customer (i) ceases to be covered by the self-consumption with surplus modality under compensation, (ii) if they cancel their electricity supply contract associated with the BVSEA service and/or (iii) if they contract a product incompatible with the BVSEA service. In such scenarios, the balance available to the customer at that time may be used until it is exhausted. In the event that the customer cancels all their electricity supplies contracted with SEA, they would lose the accumulated balance in the virtual battery.

6. MEASUREMENT AND CONTROL EQUIPMENT AND INSTALLATIONS

The Client must have at the Supply Point, during the term of this Supply Contract, equipment for measuring and controlling the electrical energy supplied (“Measurement and Control Equipment”) that meets the technical requirements legally established in the applicable regulations in force and, in particular, in Royal Decree 1110/2007, of 24 August. and in the regulations that modify or replace it. The Measurement and Control Equipment may be owned by the Client or rented to the Distribution Company. In the case of rental, the price to be invoiced for this concept will be applied by the Distribution Company as the owner of the equipment, according to the price established by current regulations. The Client is responsible for its installations and for the custody of the equipment that measures consumption, and for compliance with the other obligations established by current legislation. In particular, the Client undertakes not to handle any of the components of the installation, and in particular the Measurement and Control Equipment, in accordance with the provisions of current regulations. In the event of manipulation, the Marketer will be exonerated from any eventuality that may arise from non-compliance with this obligation, without prejudice to the responsibilities that may be legally required of the Customer for such manipulation, and without prejudice to the re-invoicing that may be appropriate in accordance with the regulations established for this purpose. The Client, in accordance with current regulations, must guarantee physical access to the metering facilities, during working hours or normal operation with the outside, to the Distribution Company, or to their employees or contractors, so that they can carry out the installation, reading, inspection, checking, verification, maintenance, sealing or other work that is generally necessary for an effective provision of the service that is the subject of this Supply Contract. The Client undertakes to equip its indoor or receiving installations with protection mechanisms against overcurrents or overvoltages, in accordance with the provisions of Article 16.3 of the Electrotechnical Regulations for Low Voltage in force, and in accordance with the prescriptions defined in the technical instructions ITC-BT-022 and ITCBT-023 of the aforementioned Regulations.

7. CONTRACT PRICE

The price of the supply shall be the one established in the Annex related to the Specific Conditions (Condiciones Particulares), which includes the amount corresponding to the price of the energy supplied, in accordance with the prices attached to this Contract, the access toll price, and other components regulated by applicable legislation. The prices do not include taxes, or surcharges in force at any time that encumber the supply and/or the necessary activities for the operation of the electricity supply, which shall be chargeable to the Client.
Likewise, the Client shall be responsible for all those expenses, costs, or surcharges that are legally demandable as a consequence of the subscription of the Supply Contract and the Access Contract. Any variation in the access toll prices, or other regulated components, will be automatically transferred to the Prices of the contract, without constituting a modification of the Economic Conditions thereof. In such a case, the price variation shall be communicated to the Client in the invoice following its application, and the Client shall be entitled to terminate the Contract, such circumstance having to be communicated to the Supplier within a maximum period of 15 days.
The Supplier reserves the right to invoice the cost differential of the System Adjustment Services of Red Eléctrica (SSCC) contracted under the fixed price modality or any other modality in which the cost of said concepts is fixed in the Specific Conditions without being considered a variation of the contractual conditions. Said cost may be invoiced upwards if it exceeds the amount of €13/MWh or downwards if it is below the amount of €10/MWh. Said regularisation will be carried out with a monthly frequency and the calculation will begin from the start date until the end date of the Contract, as well as its possible extensions. It will be calculated with the data published by the System Operator (SSCCh or any modification or new concept that may appear in the future), as the hourly arithmetic mean of these for the settlement period and with the consumption elevated to losses.
In case of administrative errors or incorrect operation of the Metering and Control Equipment, or in case of tampering with the installations or consumption measurement fraud, the Client must pay the corresponding amount for the re-invoices that may be issued for these concepts, in accordance with current regulations. Any type of promotion, discount, and/or supplement on the price offered to the Client by SEA will be limited to the specific circumstances for which they were granted or the established duration time without consolidating or generating any right for the Client in maintaining the cited price. The charges generated by the requests made by the client for changes in capacity and holder will be borne by the client, even in the case that they are not completed for reasons attributable to them.

8. QUALITY OF SUPPLY AND DISCOUNTS IN THE EVENT OF NON-COMPLIANCE

The supply will be carried out under the conditions of continuity and quality provided for in Royal Decree 1955/2000, of 1 December (Arts. 101 to 103) or the regulations that replace it. Failure by the Distribution Company to comply with the individual quality levels will give rise to the corresponding discounts and/or bonuses, which will be passed on to the Customer, once applied by the Distribution Company, within the deadlines provided for in the regulations.

9. READING, INVOICING AND PAYMENT

The frequency of invoicing will be monthly. The billing of the electricity consumption made will be carried out in accordance with the actual consumption measurements provided by the Distribution Company, in the periodicity and in accordance with the provisions of the applicable regulations, specifically, for Low Voltage consumers up to 15 kW of contracted power, Royal Decree 1718/2012, of 28 December. However, in the event that the Metering Equipment cannot be accessed to take the reading, and the Client does not make the reading of its equipment available to the Distribution Company, the Client expressly authorises the Supplier to invoice according to the estimated readings provided by the Distribution Company or calculated by the Distributor itself. depending on the procedure set out in the regulations in force at any given time. All this, without prejudice to the annual regularization that is carried out based on actual readings and, in the event that it is not provided to the Distribution Company by the Customer, based on estimates. The Marketer will issue the invoice and will detail the price and amount corresponding to the energy consumed and the contracted power, with imputation of the corresponding part of the tolls, the price of the rental of the measurement and control equipment, and the price of other applicable concepts, as well as the applicable taxes, surcharges, fees and/or taxes. The invoice will also detail the discounts and/or complementary re-invoicing that, where applicable, may be applicable, as well as other costs that the Administration may approve during the term of the Supply Contract. The billing of reactive energy, where applicable, will be carried out in accordance with the provisions of the Specific Conditions, as determined in current legislation. Payment will be made by direct debit unless another method of payment has been agreed in the Specific Conditions. The date on which the payment of direct debits must be made is the date on which the bank in which the direct debit has been made receives the communication with the amount to be paid by the Customer, for all other cases the due date that appears on the invoice will be taken into account.

The Client will automatically default without the need for any notice in the event of non-compliance with the payment obligation in the manner provided above. In the event of default, the Client will be obliged to pay 10 euros in all cases for the collection of unpaid invoices, for each unpaid invoice, to which will be added the costs of sending the claim burofax (if it has been issued) and the interest for late payment on the outstanding amounts that will accrue day by day at the rate of 1% per month, in addition to any other expense that may be generated by such non-payment for SEA. All this without prejudice to the power to terminate the Contract and suspend the supply.

10. MODIFICATION OF THE CONDITIONS OF THE CONTRACT

The contractual conditions of this Contract may be modified by the Marketer after notifying the Client, 30 calendar days prior to the effective date of the modification, without prejudice to the Client’s right to terminate the Contract due to non-conformity and without any penalty. If the client does not state otherwise, it will be understood that the client accepts the modifications on the determined date. However, in the event of a modification of the Contractual Conditions as a direct consequence of the applicable regulations or the binding decision of administrative or judicial bodies, the Client will be notified at the time of its application, and the Client may also terminate the Contract without any penalty, as established in the previous section. Without prejudice to the communication mentioned above, SEA informs that it will duly reflect on the website any modifications that may be made to the Particular, General and/or Specific Coverage Conditions so that the Client has an updated copy of them at all times, as well as any changes that may have been made. SEA will apply the new prices and conditions on the invoice, which will be directly applicable to the Client until the contractual termination becomes effective.

11. CONNECTION AND SECURITY DEPOSIT FEES

The works that give rise to payments for access, extension, connection, or supervision rights of transferred facilities, as well as those related to the verification or reconnection of facilities that correspond to the distribution company, will be borne by the Client under the terms and conditions provided for in the regulations. If, upon signing the Distribution Network Access Contract, the Distribution Company requests the establishment of a guarantee deposit, in accordance with the provisions of Article 79.7 of RD 1955/2000, this will be passed on to the Client. The return of this security deposit will be made at the time of termination of the Contract, without prejudice to the power of the Distribution Company to apply the corresponding part of this deposit to the balance of the amounts outstanding at the time of the termination of the contract, in accordance with the provisions of Royal Decree 1955/2000. or regulations that replace it.

12. INFORMATION ON ENERGY POVERTY

The Marketer informs the Customer that in the event that the latter meets the requirements to benefit from the Social Bonus, as established in Royal Decree 897/2017, of 6 October, which regulates the figure of the vulnerable consumer, the Social Bonus and other protection measures for domestic electricity consumers, the signing of this Agreement will prevent the application of the same, as the Marketer does not have the status of reference marketer. If the Customer meets the requirements to be a vulnerable consumer, they can apply to one of the reference marketing companies to benefit from the social bonus, which is a discount on the voluntary price for small consumers (PVPC). Likewise, with the formalisation of this Contract, the application of the PVPC will be prevented as the Supplier is not a reference supplier. The link to the CNMC website where the Client can find the necessary details to contact the reference marketer is as follows: https://sede.cnmc.gob.es/listado/censo/10

13. SUSPENSION OF SUPPLY AND TERMINATION OF THE CONTRACT

In the event of non-payment by the Customer of an overdue invoice, the Marketer may process the suspension of the supply, if 20 calendar days have elapsed since the presentation for collection to the financial institution where the Customer has direct debit the payment of the invoice, or, in the case of non-direct debit invoices, after the payment deadline indicated therein, it would not have been fully satisfied. In this regard, the Supplier will require the Client to make the payment of the overdue debt within 10 days of the notification, as well as the interest generated, within 10 days of the notification. These amounts will be quantified and communicated to the Client in advance. Once the period granted to the Customer to make the payment has expired without it having been made, the Marketer may request the Distribution Company to suspend the electricity supply, notifying the Customer of the expected date for the suspension of the supply, at least 5 days in advance. The exercise by the Marketer of the right to suspend the supply does not exempt the Customer from the obligation to pay the amount of the outstanding billing, in accordance with the provisions of the Contract. In the event that the Retailer chooses to suspend the supply, and the Client satisfies all the corresponding debt, including those corresponding to the replacement of the supply, the Retailer will order the restoration of the supply on the day following the day on which the payment was made. Likewise, the supply may be suspended:

In case of force majeure and fortuitous event.
In the event of fraud or manipulation, or dangerous installations that pose a risk to the safety of people or property.
In general, in the cases provided for in the electricity regulations in force and, especially, for non-compliance with the obligations established in this Contract.

The following are causes for termination of the Contract, regardless of those indicated in current legislation:

The end of the term of the Contract or, where appropriate, any of its extensions.
The non-compliance, by any of the parties, of any obligation arising from the Contract, in particular the non-payment of any of the invoices by the Client.
The Client’s exercise of the right to terminate the contract, as a result of contractual modifications by the Marketer.

In the event of unilateral termination of the Contract by the Client prior to the end date of the Contract (first year), which is not motivated by a contractual modification by the Retailer, it may entail an economic penalty consisting of 5% of the price of the estimated energy pending supply. Termination of any extensions of the Contract by the Client shall not give rise to any penalty.

14. FORCE MAJEURE AND FORTUITOUS EVENT

Neither the Client nor the Marketer will be liable for any breaches of this Supply Agreement in cases of force majeure and fortuitous event. Force majeure is considered to be unforeseeable events or events that are foreseen to be inevitable and irresistible, beyond the control of the parties, from the moment that they make it impossible to comply with the obligations of this Supply contract. In particular, the Retailer will not be liable if there is an impossibility on the part of the Retailer to acquire or deliver the electricity to the Customer, for reasons not attributable to it, or due to direct or indirect intervention by third parties.

15. ASSIGNMENT AND SUBROGATION OF THE CONTRACT

The Customer, provided that he is up to date with his payment, may transfer his contract to another consumer who is going to use it in the same location and for the same use, the new user being subrogated under the same conditions. Likewise, the new customer’s agreement must be accredited and their personal data, CIF or NIF/NIE and bank account details must be provided. The Client authorises the Marketer to assign this Agreement and the rights and obligations arising therefrom to any investee, related or successor company that may provide the service subject to this Agreement in the future, with the appropriate communication to the Client being sufficient for this purpose.

16. WITHDRAWAL

In the event that the Contract has been entered into remotely (by telephone or Internet) or outside a commercial establishment, and that the Client has the status of consumer and user, in accordance with Royal Legislative Decree 1/2007, of 16 November, the Client may withdraw from this Contract during the period of 14 calendar days following its conclusion, without the need to justify their decision and without any penalty. To exercise the right of withdrawal, the Client must notify the Marketer unequivocally, at the address below, of their decision to withdraw from the Contract. The Client may request the model withdrawal form from the Retailer. In the event of exercising their right of withdrawal, all payments made will be refunded to the Client, and at the latest 14 calendar days from the date on which they are informed of their decision to withdraw from the Contract. In no event will the Client incur any costs as a result of the refund. In the event that the Client has previously requested that the supply of electricity be initiated during the withdrawal period, the Client will be obliged to pay an amount proportional to the part of the service already provided at the time of notification of the withdrawal, in relation to the total object of the Contract.

17. CUSTOMER SERVICE AND DISPUTE RESOLUTION CHANNELS

For questions related to this Agreement, or for any incident or claim in relation to the contracted service, the Customer may contact the Supplier’s Customer Service by calling the free telephone number 900525560, or may contact the email address info@seravanzados.com. In the event that the Client submits a claim, if it is not resolved within one (1) month, or if it is resolved, it is not upheld, the Client may submit its claim to the Directorate General of Public Health and Consumer Affairs of the Balearic Islands, for the purposes of processing the mediation services and consumer arbitration system which, where applicable, are applicable, for the cases in which the Marketer adheres. In the event that the dispute is not submitted to any alternative dispute resolution entity in consumer matters, or that they are not competent to resolve the dispute, the Client who is a natural person may submit the dispute to the Ministry of Industry, Energy and Tourism, when such disputes refer to their specific rights as end users. In this case, the applicable procedure will be approved by Order of the Ministry of Industry, Energy and Tourism, without disputes that are regulated by regulations other than those on the specific protection of end users of electricity being subject to it.

18. LAW AND JURISDICTION

This Supply Agreement shall be governed by and interpreted in accordance with applicable Spanish law and, in particular, with Law 24/2013, of 26 December, on the Electricity Sector, Royal Decree 1955/2000, of 1 December and, where applicable, the regulations that replace it, and in accordance with its implementing regulations. In the event of any discrepancy or controversy arising from the interpretation, application or execution of this Agreement, the Marketer and the Client submit to the jurisdiction of the Courts and Tribunals corresponding to the place where the installation owned by the Client is located and where the supply is provided.

19. PROTECTION OF PERSONAL DATA

Who is responsible for the processing of your data? SERVICIOS ENERGETICOS AVANZADOS. You have all the contact information, as well as the location of our offices on our website https://seravanzados.com.

What do we collect and use your data for? We need your data to perfect the electricity supply contract to which you are a party. In other words, without your data we cannot supply you with energy, or bill you, or solve technical incidents. We keep the data for as long as you are our customer. If you stop being a customer, we block them for four years, after which we delete them.

Standing: Article 6.1.b. Data processing is necessary for the performance of a contract to which the data subject is a party. You are part of an electricity supply contract. Transfers: We will not transfer your data to anyone, unless we comply with legal obligations where applicable. What can you do about your data? You can request the exercise of the rights you have with respect to your data (access, rectification, cancellation, opposition, limitation, deletion); just send us your request to the attention of the Data Protection Officer or rgpd@seravanzados.com. You can also write to our Delegate at rgpd@seravanzados.com if you have doubts about what your rights are, how to exercise them, or simply need something related to your data.