Electricity supplier: this is the company that sells you the electricity you use in your business /home. In this contract the electricity supplier is eSFera luz.
Distribution network operator: this is the company that owns and operates the distribution network that brings electricity to your business / home, and is responsible for the quality and continuity of your electricity supply.
Third party network access agreement (TPNA agreement): this is the contract that the electricity supplier, in this case eSFera luz, signs with the distribution network operator on your behalf so that you can receive electricity from the transmission network.
Supply point: this is the point where the consumption of electricity in your home/business is measured.
MPAN: Meter Point Administration Number, which is used to identify an electricity supply point.
Service charge (or network service charge): this is the tariff that is paid to the distribution network operator for the use of its networks, and is included in the price of this contract. At the moment the service charge is regulated by the Ministry of Industry, Energy and Tourism, and is used to maintain the transmission network. It comprises two elements: the “power supply charge”, which is what you pay for your contracted power supply, and a “consumption charge”, which is what you pay for the electricity you use.
Access tariff: this is set depending on the power you have contracted. The network service charges are calculated on the basis of the access tariff.
eSFera tariff: this is a fixed charge which you pay eSFera luz for your electricity supply at the start of each month during the whole of the supply contract. It is calculated using your estimated monthly electricity consumption, the power charge, and metering equipment leasing costs as a reference, as well as any applicable taxes.
1.1. Subject-matter: The subject-matter of this contract is the provision of an electricity supply by eSFera luz to the supply point which corresponds to the address given by you, the customer, in the “Supply Point” clause of the specific conditions, in exchange for payment of the contract price.
The electricity we supply comes from renewable energy production plants which belong to the renewable energy guarantee of origin (REGO) certification scheme managed by the National Commission for Markets and Competition (CNMC). The production plant that generates the energy delivered to your home is given in the specific conditions. In the event that this solar energy plant does not generate enough electricity to supply your supply point, or stops operating, we will assign you another solar plant to provide a REGO-backed supply of energy to your home.
1.2. Information provided by the customer: you are solely responsible for the truth and accuracy of the information you provide when entering into this contract.
1.3. Electronic contracting:
- a) This contract is entered into electronically at the eSFera luz website: www.esferaluz.es, and will be valid as from when you give your consent by expressly accepting the contract´s terms and conditions during the electronic registration process. The sending of your contract to you, by email, will be considered to be documentary confirmation that you have given your consent.
- b) Both Parties agree that the consent given by you, the customer, is legally binding, and consequently eSFera luz will provide you with passwords and/or codes, together with the instructions for their use, so that you can identify yourself online for the duration of the contractual relationship.
- c) You can access your contractual information, and any other documents generated during the contractual relationship, by entering your customer account, which you will have created at the eSFera luz website when contracting the company´s services.
1.4. Contract term: This contract will come into force on the day that you give your consent during the electronic registration process, and will take effect on the day that the distribution network operator activates your electricity supply. The contract will run for a period of one year, starting from when your electricity supply was activated, and will be understood to be automatically renewed for periods of one year, unless one of the Parties expressly states their intention to terminate it. The contract may be terminated by either Party at any time, in which case they should give the other Party written notice at least fifteen (15) days in advance. If either of the Parties gives notice of their intention to terminate the contract, eSFera luz will notify the distribution network operator and ask it to terminate the contract, within a period of fifteen (15) working days as of the date of the termination notice. In this case you, the customer, are solely responsible for finding a new electricity supplier. This contract and all applicable terms and conditions will remain in force from the date of the contract termination notice until the date that the contract termination becomes effective. This date will be set by the distribution network operator.
We reserve the right to establish new specific conditions and prices before the contract end date or a contract renewal end date. These conditions will come into effect on the contract/renewal end date, and we will give you at least 1 month´s notice. If you do not accept the new conditions and prices you can cancel the contract by writing to us within a period of fifteen (15) days, starting from when the notice was sent. If you do not terminate the contract within this period, it will be understood that you have accepted the new contractual conditions, and they will come into effect on the contract end date or the renewal end date. However, if you reject the conditions and prices in the contract renewal, we will send a contract termination notice to the distribution network operator which will come into effect on the end date of the contract, and you, the customer, will be solely responsible for finding a new electricity supplier. In this case we will charge the prices given in the contract renewal during the period from the contract end date until the date that the contract is effectively terminated, which will be set by the distribution network operator.
1.5. Quality and continuity of your supply: Your electricity supply should comply with the electricity supply quality and continuity conditions that are established by the legislation in force. The distribution network operator is responsible for complying with the electricity supply quality and continuity indicators, and for the consequences arising from any failure to comply with them, in accordance with Chapter II of Title VI of Royal Decree 1955/2000. If your electricity supply is not delivered in accordance with the quality and continuity conditions established by Royal Decree 1955/2000, or the legislation which amends or replaces it, we will file a complaint with the distribution network operator on your behalf to request a refund. You can find the information which identifies your electricity supply in the specific conditions of this contract, and in your bills.
1.6. Metering equipment (meter): You must either buy or lease a suitable meter which complies with the provisions of Royal Decree 1110/2007, and you are responsible for its safekeeping. The meter will be used to measure your electricity consumption, and all readings will be made by the distribution network operator. You must not handle the meter, and you should allow eSFera luz and the distribution network operator to access it at any time.
1.7. Change of account holder: you can ask us to change the account holder, provided that you are up to date on all the payments. Information about how to do this is given at the eSFera luz website. The account holder will be changed after eSFera luz has authorised the change in writing.
- Third party network access agreement
By signing this contract you appoint eSFera luz as your agent for the purpose of entering into a third party network access agreement with the distribution network operator, and to take any other measures need to commence, maintain or continue the supply.
3.1. Price: The “Contract Price” is given in the specific conditions, and includes the:
- a) Power charge (in €/kW/year): this is given in the specific conditions. The power charge includes a power supply charge which is set by the competent public administration, and is automatically updated whenever it is adjusted by the competent public administration in accordance with the legislation in force.
- b) Energy charge (in €/kWh): this is given in the specific conditions. The energy charge includes a consumption charge which is set by the competent public administration, and is automatically updated whenever it is adjusted by the competent public administration in accordance with the legislation in force.
- c) Meter leasing costs: this is the lease price that is passed on by the distribution company or lessor to eSFera luz.
Applicable taxes are not included in the contract price. The taxes that are applicable at the moment are the value added tax and the special electricity tax.
3.2. Costs not included in the contract price: you will be responsible for paying any supply point costs charged by the distribution network operator which are not included in the contract price, in particular those arising from re-invoicing electricity consumption, or supply point inspections.
We will bill you for these items. We will also bill you, in a separate invoice, for other items which are not included in the contract price, such as the guarantee deposit, main connection charges, verification charges, service connection charges, meter maintenance costs and applicable taxes. All these charges are regulated by law, and have to paid to the distribution network operator.
3.3. Price adjustments: you accept that eSFera luz may change the regulated prices in your bill to bring them into line with price adjustments made by the competent public administration during the term of the contract. Any such adjustments will be automatically applied to your bill, and will not be considered to be contractual amendments, and consequently will not be grounds for terminating the contract.
We may change the non-regulated prices for objective reasons, in which case we will give you at least one month´s notice in advance. If you do not agree with the new prices, you can terminate the contract by sending us clear written notice of your decision within the deadline established in the Contract Termination clause. If you do not tell us that you want to terminate the contract within fifteen days, it will be understood that you have accepted the new financial conditions as of the date set by eSFera luz.
3.4. Discounts and promotions: from time to time we may offer you discounts and promotions. These discounts and promotions will only be valid for the period established in their terms and conditions, and at no time will you be able to accumulate them or keep the prices after the discount or promotion has ended. If you cease to be eligible for a promotion, it will no longer be applied, and if you fail to comply with any of the contractual conditions, the promotion/discount will no longer be applied.
If you cease to be eligible for a promotion, you will not be entitled to any part of the discount, bonus or rebate offered under the terms of the promotion, and we will bill you for the whole amount in the final bill.
4.1. eSFera tariff billing: we will send you a monthly bill, in accordance with the terms established in the specific conditions.
The items which not are included in the contract price, which are given in clause 3.2, will be included in your monthly bill.
We will send you a bill for the eSFera tariff, for the amount given in the specific conditions, five days before the start of the calendar month to be billed.
After we receive the consumption readings from the distribution network operator, we will tell you what your real cumulative usage is from the start of the contract. We will also tell you whether you have an outstanding or credit balance, based on the monthly eSFera tariffs paid, to keep you up to date with the amount that will be charged or credited in the final bill.
4.2. Final bill: The imbalances (the real price that may be higher or lower than the estimated price used for the eSFera tariff) will be adjusted in the final bill, which will be sent on the contract end date, 12 months after the effective contract start date.
The final bill is calculated on the basis of your real electricity usage, using either the consumption information provided by the distributor network operator, or the best consumption price in the “Contract Price”. It will include any outstanding charges billed by the distribution network operator which are not included in the Contract Price (see clause 3.2). If the restated bill shows
that you have outstanding payments owing, we will debit your current account for the outstanding amounts. If the final bill shows that you have a credit balance, we will credit your current account with the amount owing. We will also issue a final bill when the contract is terminated, the account holder is changed, or the electricity supply is cancelled or discontinued.
4.2 eSFera tariff adjustments: we may update/recalculate the eSFera tariff in the following cases, in order to adjust it to the actual conditions of the supply point:
– changes made to the contracted power supply at the request of the customer;
– if the cumulative imbalance between the monthly bills and the eSFera tariffs is greater than the amount of an eSFera tariff.
We will tell you about any change to the eSFera tariff 15 business days before it comes into effect. If you do not agree with the new tariff you can terminate the contract by sending us clear written notice of your decision within a period of 15 days, starting from when you received the notice informing you of the new price. If you do not tell us that you want to terminate the contract within this period, it will be understood that you have accepted the new financial conditions as of the date given by eSFera luz.
We will debit the bill amount from your current account during the payment period, which is given in the specific conditions. The eSFera tariff will never be debited before the first of each electricity usage month. If you have decided to pay by direct debit you affirm that you have given your bank the necessary instructions. If you do not pay any of the bill amounts during the bill payment period, the amounts owing will be considered to be due and owing. In this case you will be liable for the refused payment charge given in the specific conditions, which will start to accrue late interest charges equivalent to the legal interest rate for money, plus three percentage points, as from the day following the payment due date. You are advised that the information about a customer´s non-payment of bills will be entered into the Supply Point Information System managed by the distribution network operator, and will be available to the National Commission for Markets and Competition and supply companies upon request. Furthermore, in the event of non-payment eSFera luz may include your personal data in an electronic debtors register, and in customer financial solvency and creditworthiness files.
We may require that the following conditions be met before starting delivery of your electricity supply:
(i) You do not have any outstanding payments owing to other supply companies;
(ii) You are creditworthy and able to pay the electricity bills;
(iii) The distribution network operator has authorised the network access required for this contract;
(iv) The account holder is also the third party network access contract holder, or has given us a duly signed change of account holder form, or presented the property deeds for the home/business;
(v) The cancellation period has expired and you have not cancelled the contract.
Discontinuance of the electricity supply
If you fail to pay any of the bill amounts by the payment due date we will send you 10 days´ written notice and, if you do not pay the amounts owing, will disconnect your electricity supply. Your electricity supply will not be reconnected until you have fully paid what you owe, including: the refused payment charges in the specific conditions; the accrued late interest charges; the legally regulated charges incurred by the supply disconnection and reconnection; penalty payments imposed by the distribution network operator; the cost of terminating the access contract, and; the service charges that the distribution network operator has billed us while the supply is discontinued. All these charges will be calculated in accordance with the prices established in the applicable legislation. Charges that are not specified in this contract, or that are established by the legislation regulating the electricity sector, will not be applied.
Your electricity supply will also be disconnected immediately if we detect any type of fraud or unauthorised connection, the meter has been tampered with to prevent it from working properly, there are branch connections to third parties, or in the event of an act of God or force majeure.
7.1. Contract termination due to supply disconnection: After we have informed you that your electricity supply is to be disconnected, we have the right to terminate the contract. The contract will also automatically be terminated 2 months after your supply is disconnected. We will not agree to supply you with electricity again until you have paid what you owe us in full, or the situation which led to your supply being disconnected has been rectified.
Contractual amendments which are not related to price
We will tell you about any changes to the eSFera contract´s conditions at least 15 days´ in advance, and you have the right to terminate the contract during this period if you do not accept the changes. However, any changes to the eSFera tariff, or contractual changes made to comply with new legislation, will be notified to customers in the way described in the Price Adjustments and eSFera Tariff Adjustments clauses.
Grounds for contract termination
This contract may be terminated by: i) mutual agreement between the Parties; ii) by either Party on its own initiative by giving at least 15 (fifteen) days´ notice; iii) by eSFera luz if a customer does not pay a bill; iv) by the customer if they decide to cancel the contract in accordance with the Right to Cancel clause.
Personal data protection
10.1. You are hereby informed that your personal information will be entered into an automated or manual file which is owned by eSFera luz, and for which it is the data controller. You, the customer, consent and authorise eSFera luz to process your data for the purpose of managing this contractual relationship. Your authorisation is required for the successful performance of this contract, which means that if you revoke your authorisation we will not be able to provide the services you have contracted.
10.2. You expressly authorise eSFera luz to disclose your personal information to other companies for processing, when this is necessary to provide the contracted services.
10.3. You are hereby informed that eSFera luz, or any of the companies in the business group it belongs to, may send you commercial communications related to your electricity supply, or to other products and services, through the authorised methods. If you do not want your personal information to be disclosed for any of the purposes described above, you should check the appropriate box during the contracting process.
10.4. You may access, correct, cancel or challenge your personal data by contacting eSFera luz in the way described in the Notices clause.
Right to cancel
Distance contracts, contracts that are not entered into on eSFera luz´s premises, and contracting as defined in Article 3 of Act 3/2014 of 27 March, which amended the revised text of the General Consumer Protection Act and complementary laws and was approved by Royal Legislative Decree 1/2007 of 16 November, will be regulated by the aforementioned Act, and also by the Retail Trade Act 7/1996 of 15 January and any subsequent amendments. You have the right to cancel this electricity contract during the fourteen calendar days following the day on which you entered into it. If you want to cancel this contract, you should send us clear written notice of your decision using any of the methods described in the Notices clause. You should sent the notice to our Customer Services, and give “Right to cancel” as the subject.
In order to cancel your contract, all you need to do is notify us in writing that you want to cancel it during the fourteen day period mentioned above. You can use the cancellation form at the bottom of this contract, although this is not obligatory and you can also cancel the contract at your customer account on eSFera´s website.
If you decide to cancel the contract, we will refund you all the payments you have made as soon as possible, and within 14 calendar days at the latest, starting from the date on which you notified us of your decision, and using the same method of payment as the one you used to make the payments. We may refund the money we owe you using a different method if you ask us to, provided that we do not incur any charges for doing so.
You authorise eSFera luz to begin supplying electricity during the cancellation period. If the electricity supply is activated during a cancellation period, and you decide to cancel the contract, we will charge you an amount calculated in proportion to the services actually provided as of the date you notify us you want to cancel the contract, and the total contract price.
All notices between the Parties about this contract will be sent electronically, in particular to your customer account, where we will send you information about any changes to your contract, and which you can access using the identification and security codes given to you. Notices should be sent using the email addresses that eSFera and you, the customer, have given in the specific conditions. You therefore need to keep your contact/notification details at your customer account up-to-date.
Subrogation and assignment
We may assign this contract to another electricity supplier without your consent.
In the event of a dispute, and in particular a dispute about the interpretation, performance or application of the applicable legal or contractual provisions, including breach of contract, both Parties undertake to first try and settle any such dispute through negotiation.
You can make a complaint or an enquiry by writing to or phoning us (address, email and telephone given in the specific conditions), or by any of the methods given in the Notices clause.
Discrepancies between the general and the specific conditions
In the event of any discrepancies between the general and the specific conditions, the specific conditions shall prevail.
Applicable law and jurisdiction
For all matters related to this contract, the Parties will be subject to the applicable Spanish laws and, in particular, the Electricity Sector Act 24/2013 of 26 December and any subsequent amendments thereof, and by the regulations which develop and amend it.
If the Parties are unable to reach an agreement through negotiation, any dispute which arises from this contract will be settled by the legally-established courts and higher courts, unless there is an agreement between the Parties to the contrary. This contract will be interpreted in accordance with Spanish law.