Standard terms for universal service

valid from 1st of April 2018

 

  • GENERAL PROVISIONS
    1. These standardised terms and conditions (hereinafter: Terms) for provision of general service by Imatra Elekter AS (hereinafter: network operator or party) govern the sale of electricity as a general service (hereinafter: general service) by the network operator in cases and in accordance with procedure set forth in the Electricity Market Act to home consumers, apartment associations, communities of apartment owners and commercial consumers whose place of consumption is connected to the network at low voltage through a main circuit of up to 63 amperes (hereinafter: consumer or party).
    2. The Terms do not govern the provision of network services to consumers; the consumer must conclude a separate network contract with the network operator.
    3. The network operator shall provide general service to consumers if:
      1. the consumer’s electrical system is connected to the network operator’s grid and
      2. the consumer has concluded a valid network contract with the network operator at the connection point and metering point and
      3. the consumer is not sold electricity by another person on another legal basis and
      4. there are no other grounds specified in legislation for denial of general service.
    4. The network operator shall provide general service on the basis of these Terms, using the data related to the consumer and metering point as agreed in the network contract.
    5. In providing general service, the network operator shall abide by the principle of equal treatment of consumers.
  • TERMS AND DEFINITIONS
    1. In the network contract, Terms and price list, terms shall have the meanings accorded to them in the Electricity Market Act and acts established thereunder, unless stemming otherwise from the Terms.
    2. The following phrases are defined as follows:
      1. open supplier – person that sells to the consumer the total amount of electricity needed at a metering point and holds the balance responsibility for the metering point as set forth in legal acts;
      2. changing open supplier – process set forth in legal acts as a result of which the open supplier selling electricity to the consumer is replaced with another;
      3. general service – sale of electricity by the network operator on the grounds and in accordance with procedure set forth in legal acts to a consumer whose electrical installation is connected to the network operator’s network and to whom no other person sells electricity in some other manner.
      4. price of general service – the price of electricity calculated by the network operator on the basis of the weighted average price of hourly electricity prices published on the electricity exchange and hourly quantities of power sold as general service in a relevant month. Justified costs related to provision of general service and reasonable operating profit shall be added to the price;
      5. load duration curves –timetable for distribution of electricity, prepared by the network operator and approved by the Competition Board, used to distribute non-remote-read measurement systems’ metering results into an hourly structure.
  • PROVISION OF GENERAL SERVICE
    1. The network operator shall provide consumers with general services on the conditions and in accordance with the procedure set forth in legal acts and the Terms. Upon the request of the consumer, the network operator shall provide explanations regarding these Terms and the price of the electricity sold as general service.
    2. The provision of general service shall begin and end on the date specified in legal acts. During the time that it provides general service, the network operator shall be the only open supplier at to the consumer at the metering point agreed upon in the network contract. If the consumer wishes to start buying electricity from another person or in another manner at the metering point, it must conclude a corresponding open supply agreement with an open supplier.
    3. The quantities of electricity sold at the metering point as general service shall be metered and/or determined by the network operator on the basis of legal acts and/or network contract.
    4. The network operator has the right to refuse to provide network services in cases set forth in legal acts; the network operator must provide the consumer with a reason for its refusal.
  • FEES AND SETTLEMENT
    1. The basis for preparation of invoice shall be the price of general service, calculated in accordance with procedure set forth in legal acts and published on the network operator’s website. The network operator shall charge the general service fee on the basis of the metered quantities of electricity consumed. If the network operator lacks metered data regarding the Buyer’s use of electricity in the previous calendar month, the network operator shall, on the basis of the consumption schedule, project the quantity of electricity necessary for providing general service. If, after more detailed data have been determined, the projected quantity is found to be at variance with the metered quantity, the network operator shall offset the difference on the invoice for the subsequent settlement period. The price shall be expressed in euro cents per kilowatt-hour (cent/kWh). Value added tax shall be added to the price. No other fixed fees shall be added to the price of general service.
    2. The seller shall calculate the price of electricity sold as general service for the calendar month on the basis of the hourly quantities of electricity sold as general service in that month and the weighted average of hourly electricity prices published on the power exchange. The seller shall add to the price of electricity sold as general service the justified expenses and reasonable profit related to the provision of general service. The price of the basic rate for general service shall be calculated by the Seller on the basis of the quantities consumed by consumers consuming electricity on the basis of the basic rate for general service. The price of the daytime and night-time rate for general service shall be calculated by the Seller on the basis of quantities consumed by consumers consuming electricity based on the time-based rate for general service. The daytime rate shall be determined on the basis of the quantities consumed by the abovementioned consumers during the time that the daytime rate is in force and the corresponding price of electricity on the exchange, and on the basis of the quantities consumed by the abovementioned consumers during the time that the daytime rate is in force and the corresponding price of electricity on the exchange.
    3. The network operator shall publish on its website (www.imatraelekter.ee) the price of electricity sold as general service in a calendar month, along with the underlying data and the calculations used to derive the price by the 9th (ninth) day of the following month, differentiating clearly in its price list the basic rate, daytime rate and night-time rate and the margins added to the prices.
    4. If, after presentation of invoice, the network operator adjusts the quantities of electricity metered and/or determined at the consumer’s metering point on the basis of which the invoice was drawn up, the parties have the right to also adjust the quantity of electricity sold as general service, not to exceed 1 (one) years retroactively from the time of the adjustment.
    5. The settlement period is 1 (one) calendar month.
    6. The seller has the right to postpone preparation and presentation of invoice to the consumer for as long as the amount on the invoice is smaller than the minimum invoice sum published on the network operator’s website. The seller shall nevertheless present an invoice should the consumer so desire.
    7. The invoice shall be issued to the consumer either in hard copy or electronically.
    8. The invoice must be paid by the payment deadline specified on the invoice. The payment shall be considered paid on the day on which it is received by the network operator.
    9. Of the amount received, first expenditures incurred (e.g. court costs) shall be deemed paid followed by late interest, interest, contractual penalty and then the principal. If upon paying a principal obligation, the buyer fails to specify which principal obligation (e.g. obligation arising from network contract, electricity agreement, service works etc.) the payment was effected for, the obligation that has become collectible first shall be deemed satisfied first, and in the case that more than one obligation has become collectible simultaneously, first obligations arising from all other agreements, and finally the obligations arising from the electricity and network contract.
    10. If the consumer fails to pay the invoice by the due date, the seller has the right to demand late interest of 0.06% per day until all payments specified on the invoice are received in full. The late interest shall begin to accrue on the day after the due date and shall cease on the day on which the payments specified on the invoice are received in full.
    11. If the consumer has made a prepayment to the network operator at its own initiative, the network operator has no obligation to pay interest on the prepayment. Upon desire of the consumer, the network operator shall consider the prepayment as credit toward future invoices or shall refund the prepayment to the consumer.
    12. The network operator has the right to request that the consumer make a prepayment, not to exceed the fee for 2 (two) billing periods determined on the basis of the consumption of electricity in the last 12 (twelve) months, if the consumer:
      1. has an indebtedness with regard to paying fees arising from the provision of general service or
      2. the consumer has consumed electricity and/or used network services illegally.
    13. The prepayment shall be refunded to the consumer upon expiry of the network contract once all of the consumer’s obligations to the network operator have been discharged as required.
  • VALIDITY OF TERMS AND CONDITIONS
    1. These Terms apply to all cases where the network operator provides general service to a consumer in cases and in accordance with legal acts.
    2. The provision of general service shall end:
      1. upon switching to a different open supplier;
      2. upon expiry of a network contract;
      3. on other grounds set forth in the electricity contract, Terms or legal acts.
      4. upon interruption of network connection.
    3. Upon termination of general service, the consumer shall pay the network operator, by the date shown on the network operator’s invoice, all fees arising from provision of general service.
  • AMENDMENT OF THE TERMS
    1. Provided it adheres to the procedure and terms set forth in legal acts, the network operator shall have the right to unilaterally amend the Terms and price list.
    2. Upon request of the consumer, the network operator shall provide additional information regarding changes.
    3. If it does not consent to the changes, the consumer shall have the right to cancel the network contract.
  • LIABILITY
    1. Parties shall be liable in accordance with procedure set forth in legal acts for failure to perform as required or non-performance of the obligations set forth in legal acts and Terms (hereinafter “violation of obligation”).
    2. A party shall compensate the other party for direct patrimonial damage caused by non-performance of obligations. Any other damage, incl. loss of profit, shall not be subject to compensation.
    3. A party shall not be liable for violation of obligations if the violation was excusable.
    4. The network operator shall be responsible for the quality of network services and power outages taking place in the network operator’s electrical installation in cases and in accordance with procedure set forth in legal act, network contract and the standardised terms and conditions of network contracts.
  • NOTIFICATION AND CONSENT
    1. Notices, permissions, and statements of consent arising from legal acts, the network contract, the Terms and the price list shall be considered presented as required by a party and received by the counterparty if the declaration of intent has been conveyed to the counterparty in the form required in the network contract. Terms or legal acts, at the contact details specified in the network contract or communicated to the other party.
  • RESOLUTION OF DISPUTES
    1. Disputes arising from provision of general service shall be resolved by the parties by mutual agreement.
    2. Parties may lodge a written complaint with the Competition Authority in response to a party’s action or omission that is in conflict with the Electricity Market Act or legal acts enacted thereunder.
    3. For the purpose of resolving disputes arising from the network contract that the parties have been unable to resolve by way of agreement, a residential consumer may, on grounds and in accordance with procedure set forth in the Consumer Protection Act, lodge a complaint with the consumer complaints committee operating at the Consumer Protection Board. Disputes arising from the network contract that the parties were unable to resolve extrajudicially shall be resolved in a court of law.
    4. Disputes arising from provision of general service that the parties were unable to resolve extrajudicially shall be resolved in a court of law.
  • PROCESSING OF PERSONAL DATA
    1. The processor of personal data of consumers who are natural persons is the network operator Imatra Elekter (registry code 10224137), e-mail info@imatraelekter.ee, mailing address Tööstuse 2, Haapsalu 90506) The names and contact details of the network operator’s authorized processors are available on the network operator’s website.
    2. The network operator shall ensure that protection and processing of personal data of consumers who are natural persons are in conformity with legal acts.
    3. The network operator shall process the personal data of consumers who are natural persons and their representatives, including the private consumer’s name, personal identification code, date of birth, identity document data, address, consumption data, settlement data and contact details communicated by the consumer to the network operator regarding themselves and persons authorized by them, above all for authentication, servicing of the consumer and their representative and transmission of invoices and information and for transmission of other notices and conducting of procedures necessary for performance or ensuring performance of the network contract.
    4. The network operator is entitled, for the purpose of performing or ensuring performance of the network contract and for conducting commercial information exchange, to record phone calls between the parties and to use, if necessary, the corresponding recordings for substantiating the procedures conducted by the consumer and for providing service to the consumer.
    5. Detailed information on the terms and conditions for processing data of natural persons is available on the network operator’s website.