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ATTACHMENT A
RULES FOR USE OF THE CAPACITY PORTAL SERVICE
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 Transportation Contract concluded between Snam Rete Gas and the Shipper.
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 letterA1, 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.
Shipper: means the user which, after delivery of credentials from the Transporter, accesses and operates on the Capacity Portal Service and which, by confirming the booked capacity, purchases transportation capacity for its own use or for supply to others.
Article 1) Subscription to the Capacity Portal Service
1.1In signing this Contract, the Shipper and the Transporter agree that all the processes and transactions for the booking, trading and/or transfer of natural gas transportation capacity forming the subject of the Contract, except for those managed through the PRISMA platform, shall be exclusively implemented through the Capacity Portal Service, in accordance with the terms and conditions established by these Rules for Use and by the Regulations for Use.
1.2Hence the Shipper specifically accepts that, for the period of validity of the Contract, all the processes and transactions for the booking, trading and/or transfer of natural gas transportation capacity on the Transporter’s network, except for those managed through the PRISMA platform, in accordance with the provisions of the Network Code, must be exclusively implemented through the Capacity Portal Service.
The Shipper 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 implementing the aforesaid processes and transactions.
Article 2) Governing rules
2.1The Capacity Portal Service is governed by the Rules for Use and by the Regulations for Use. The Shipper declares that it is fully aware of the contents of the Regulations for Use and undertakes to apply and observe them.
2.2For 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
3.1After the signing of this document and conclusion of the Contract, the Transporter shall provide the Shipper 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 Shipper at the e-mail address stated in Article 11.5 of the Contract.
By means of its own telephone and internet service provider contracts and using its own equipment, the Shipper 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.
3.2The Shipper 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 Shipper acknowledges that the Transporter has nothing whatsoever to do with the telephone network used by the Shipper 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 Shipper specifically indemnifies and holdsSnam Rete Gas harmless from any request and/or claim raised against it by anyone in this regard.
3.3Without 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 itshall promptly inform the Shipper through a message displayed on the web pages for access to the Capacity Portal Service. The Shipper 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 providedthrough the Capacity Portal Service
4.1The Shipper and the Transporter declare and accept to give full negotiating and contractual effectiveness to the transactions executed and to the communications sent using the tools and the technical-operational procedures provided by the Capacity Portal Service.
4.2The Transporter’s liability is in any case excluded for any incompleteness and/or inaccuracy in the data communicated by the Shipper 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) Shipper’s responsibilities
5.1The Shipper is required to safeguard, personally or through the employees, auxiliary staff and/or collaborators that itmay have authorised to operate on the Capacity Portal System, the credentials for access to the Service, with the greatest care and diligence. The Shipper, 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 Shipper and the persons authorised thereby is achieved through verification of the codes entered during the phase of access to the Capacity Portal Service.
The Shipper 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 Shipper 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.
5.2The persons authorised to operate on the Capacity Portal System are identified by the Shipper in accordance with the procedure described in greater detail in the Regulations for Use.
The Shipper 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 2017/2018, upon the expiry of which the Shipper 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 Shipper’s headed paper and signed by a person with appropriate powers, must specify the e-mail address to which to send the new credentials.
Article 6) Retention, recording and proof
6.1The Transporter shall record all the data sent and received by the Shipper through the Capacity Portal Service for a period of ten years.
6.2The recordings of the data contained in the electronic flows sent and/or received by the Shipper through the Capacity Portal Service may be accessed by the Shipper in accordance with the procedures set forth in the Regulations for Use.
6.3In 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 therefore 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
8.1The Shipper 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.
8.2For a period of six (6) months after termination of the Contract for any reason, the Shipper shall be authorised to access the Capacity Portal Service only for the purpose of viewing its processes and transactions for booking, trading and transfer of natural gas transportation capacity implemented during the period in which the Contract was valid and effective.
Article 9) Right to suspend or interrupt the Capacity Portal Service
9.1 The Shipper recognises the Transporter’s right to permanently suspend or interrupt the Shipper’s access to the Capacity Portal Service, with immediate effect but subject to dispatch of appropriate notice to the Shipper:
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 Shipper fails to perform the obligations required of it pursuant to this document.
9.2The 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 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 Shipper 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)Shipper’s responsibilities
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
- TY 2017/2018 -