ELECTRICITY TRADE AGREEMENT

1.    GENERAL PROVISIONS 
1.1.    In accordance with the Electricity Trade Agreement (the Agreement), the Trader sells and the User purchases electricity for the needs of the site specified in the Special Provisions of the Agreement (the Site) and pays the price specified in the Agreement.
1.2.    The Agreement consists of the Special Provisions (SP), General Provisions, Annexes to the Agreement (if attached), amendments to the Agreement (if concluded), as well as the Terms of Use for the Trader’s Self-service Portal and Mobile Application, Terms of Distance Contract for Households, and other documents specified in the Agreement.
1.3.    Distribution System Services are provided to the User by the system operator. The Trader settles accounts with the system operator on behalf of the User by transferring the payments received from the User to the system operator for system services and any other services payable to the system operator. 
1.4.    The User is also entitled to select other services offered by the Trader, that are available on the Trader's self-service portal or mobile application.
2.    ELECTRICITY SUPPLY
2.1.    The Trader shall initiate and ensure the supply of electricity to the User in accordance with the provisions of this Agreement and applicable legislation, provided that the User's electrical equipment at the Site is connected to the distribution system operator's networks and the Site is eligible for electricity supply.
2.2.    The Trader ensures the electricity supply to the User if the User has made all the payments and fulfilled all other obligations to the Trader that have become due in accordance with this Agreement.
2.3.    For settlement purposes, the User shall read and submit the readings of the commercial meter to the system operator at the time specified by the Trader or the system operator, except if the User has installed a smart commercial electricity meter. If the User fails to submit the readings of the commercial meter to the system operator in a timely manner, the User's electricity consumption shall be determined based on the User's historical average monthly electricity consumption. 
2.4.    The User may receive information from the Trader related to the sale of electricity to the User in accordance with applicable legislation, as well as submit questions or complaints to the Trader concerning the performance of this Agreement.
2.5.    If the User fails to make payments for the electricity received in time or amount specified in the Agreement, the Trader may request the system operator to completely or partially suspend the supply of electricity to the User. 
2.6.    The User shall immediately notify the system operator of any damage to commercial meters, broken seals, and possible errors in the readings of commercial electricity meters.
3.    PAYMENT PROCEDURE
3.1.    The electricity settlement period is one (1) calendar month. The Trader shall issue an invoice to the User for the electricity consumed during the settlement period, as well as for the related system services and ancillary services, no later than the 15th day of the month following the settlement month, based on the data provided by the commercial electricity meter, the system operator, and other competent entities.
3.2.    The user shall make payments for the electricity consumed during the settlement period, as well as for the related system services and ancillary services, including any costs related to the transfer of funds, no later than by the 21st day of the month following the settlement month, based on the invoice issued by the Trader. All payments are considered to have been duly made on the day when the relevant amount of money is received in the Trader's settlement account.
3.3.    The Trader shall issue and send the User an invoice for the electricity consumed during the settlement period electronically, and such invoice shall be valid without a signature.
3.4.    The User has the right to request the invoice to be delivered via postal service using the Trader's self-service portal. If the invoice is sent by postal service, an additional fee is applied in accordance with the Ignitis price list.
3.5.    The Trader is not liable for issuing invoices after the deadline specified in the Agreement if the system operator fails to fulfill its obligation to provide the data necessary for issuing invoices in a timely manner.
3.6.    If the User delays payment of the invoice, the Trader has the right to calculate and charge a late payment fee of 0.15% of the amount not paid on time for each day of delay.
3.7.    Payments made by the User shall first be used to cover the late payment fee, then the principal debt of the User, then the early termination fee, if applicable, and other payments related to the performance of the Agreement. If an invoice issued by the Trader includes charges for multiple services provided by the Trader under this and/or other agreements, and the payment made by the User is insufficient, the received amount is allocated proportionally among the respective Agreements based on the outstanding balance as of the date of payment receipt.
3.8.    The Trader shall use all overpayments made by the User to cover the payment for the next settlement period or other future payments of the User arising from the Agreement. If the User requests a refund of the overpaid amount, the Trader shall do so within 5 (five) working days from the date of receipt of the User's written request.
3.9.    If the User fails to make payments for electricity or system operator services within the specified period, the Trader shall send the User a warning about the interruption of electricity supply no earlier than 10 (ten) calendar days after the payment deadline. If the User fails to make payments after the warning has been sent, the Trader shall be entitled, no earlier than after 20 (twenty) calendar days, to request and the system operator shall be obliged to disconnect the electrical equipment of the User, completely or partially interrupting the User's electricity supply. The electricity supply shall be restored within 5 (five) days after the Trader has received the payments in full.
4.    NET PAYMENT SYSTEM (applicable only to active users, if specified in the Agreement’s SP)
4.1.    If the User is considered an active user within the meaning of the Electricity Market Law and the total installed electrical capacity of the User's electricity generation equipment does not exceed 50 kilowatts, for which the Parties have made a corresponding note in the Agreements SP, the Trader shall provide the User with a universal net payment system service – a guaranteed right to deliver the surplus electricity generated within the net payment system to the electricity trader. The electricity net payment system is a procedure for making payments between the Trader and the User for electricity delivered to and received from the system at the Site (s).
4.2.    The purchase price of the electricity generated by the User is specified in the Agreement’s SP.
4.3.    If, after the Agreement enters into force, the electricity sold by the User to the Trader is subject to other additional taxes or similar payments determined by state institutions, such taxes or payments shall be calculated and paid by the User in addition.
4.4.    The User has the right to connect their additional sites to the electricity net payment system or to disconnect their existing Site from it, by notifying the Trader in writing at least 5 (five) calendar days in advance via the Trader's self-service portal. If, upon verification, the Trader considers the information received to be sufficient to make changes to the list of Sites, the Trader shall notify the User and no written agreement on changes to the list of Sites shall be prepared in this case.
4.5.    The User is obliged to:
4.5.1.    provide the Trader with information about the capacity of the electricity generation equipment installed at its Site;
4.5.2.    ensure that the surplus electricity generated complies with the amount specified in the Agreement’s SP for a period of 12 months, beginning on March 1 of the current year and ending on the last day of February of the following year;
4.5.3.    ensure that electricity is generated at the User's facilities using only renewable energy resources;
4.5.4.    inform the distribution system operator about the commencement or termination of the application of the electricity net payment system, as well as about the Site included in the User's net payment system.
4.6.    The Trader has the right to:
4.6.1.    use the information provided by the distribution system operator on the amount of electricity delivered to and received from the electricity network within the User's net payment system, to verify the compliance of the surplus electricity delivered to the electricity network and not used for own consumption within the User's net payment system in accordance with the provisions of Clause 18.8 of the Cab. Reg. No. 635 “Regulations on the Trade and Use of Electricity”;
4.6.2.    request information from the distribution system operator about the capacity of the electricity generation equipment installed by the User in order to verify the compliance of the User's net electricity payment system with the provisions of Clause 18.8 of the Cab. Reg. No. 635 “Regulations on the Trade and Use of Electricity”;
4.6.3.    unilaterally terminate the Agreement if it determines that the User, while using the universal net settlement system service, exceeds the maximum permissible surplus of electricity transferred to the electricity grid and not used for self-consumption within the net settlement system specified in Clause 18.8 of Cabinet of Ministers Regulation No. 635 “Regulations on the Trade and Use of Electricity”;
4.6.4.    unilaterally terminate the Agreement if the Merchant determines that the User does not have any valid agreement with the Merchant for the sale of electricity for at least one electricity-consuming Site.
4.7.    The User is eligible to receive net payment system services if:
4.7.1.     the User has a valid electricity supply agreement with the Supplier for at least one electricity-consuming Site;
4.7.2.    the User has concluded an electricity system service agreement with the system operator to whose networks the User's electrical equipment is connected to, and on the basis of this agreement, electricity supply and trading services are provided to all of the User's Site (s) included in the net payment system;
4.7.3.    the distribution system operator has issued a permit for the connection of electricity generation equipment for parallel operation with the distribution system at one of the User's Sites;
4.7.4.    electricity is generated at the Site (s) specified in the Agreement’s SP using renewable energy resources.
4.8.    The Trader shall indicate in the invoice the value of the surplus electricity generated by the User, not consumed immediately and delivered to the electricity network, for use to cover the User's electricity consumption in other settlement periods, including VAT, and the fee for the electricity sold by the Trader for active use, including VAT.
4.9.    If the net value of electricity calculated at the User's Sites during the settlement period is positive, the Trader shall offset the calculated net value of electricity in the next settlement period as the net value of electricity delivered to the electricity grid.
4.10.    The market value of the electricity delivered to the electricity network may be used to cover the VAT attributable to the User's electricity and system service costs, as well as other payments related to the supply of electricity (including calculated late payment interest). If the value of the electricity received from the system within the User's connection exceeds the value of the electricity delivered to the system, the User shall purchase electricity from the Trader in accordance with the provisions of this Agreement.
4.11.    The user has the right to refuse to use the net payment system for electricity before the end of the term of the Agreement without incurring an early termination fee.
5.    PERSONAL DATA PROCESSING AND PROTECTION
5.1.    Within the framework of the Agreement, information on data protection is regulated in accordance with Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR). The Parties acknowledge that the performance of the Agreement requires the processing of certain personal data by each Party and, if necessary, such data will be processed for the purpose of completing the Agreement, in accordance with the subject matter of the Agreement and following personal data protection regulations. The Trader processes the personal data received in accordance with the Trader's Privacy Notice[VCh1.1], which is available on the Trader's self-service portal and the Trader's website: Privacy Notice | Ignitis. 
5.2.    The User is informed that the Trader, as the controller, receives, processes and stores any information and data necessary for the performance of the Agreement. By signing this Agreement, the User authorizes the Trader to request and receive from the distribution operator any information about the User's electricity consumption, including consumption during the trading interval on the date of submission of the request or for previous periods.
5.3.    The Trader shall be entitled to provide and receive the User's personal data from third parties, including the distribution system operator, cooperation partners (data processors), the Trader's group companies, state institutions, and other parties related to the provision of services, to the extent necessary for the performance of the Agreement, compliance with legal requirements, or fulfillment of obligations. 
5.4.    The User is informed that in the event of failure to fulfill the User's payment obligations specified in the Agreement, their personal data may be provided without prior notice to a debt recovery service provider for debt collection, and information about the User and their debt may be entered into a debt history database.
5.5.    The User shall not disclose the identifiers assigned to them and/or the passwords created to third parties. The User shall assume full responsibility for the actions of third parties and the consequences thereof if such information has come into the possession of the aforementioned persons as a result of the User's actions.
6.    VALIDITY OF THE AGREEMENT AND WITHDRAWAL FROM THE AGREEMENT
6.1.    This Agreement shall enter into force on the date of its signing by both Parties and shall remain in force until the Parties have fulfilled all their obligations.
6.2.    The User has the right to withdraw from the Agreement within 14 days from the date of conclusion of the Agreement if the Agreement has been concluded using means of distance communication. The User notifies the Trader regarding the exercise of the right of withdrawal: (1) by sending a completed withdrawal form signed with a secure electronic signature (available at https://ignitis.lv/atteikuma-tiesibu-veidlapa) to the Traders e-mail address [email protected]; or (ii) by submitting a completed and signed form in paper format to Traders or legal address. 
6.3.    If the User has submitted the withdrawal form to the Trader between the 1st and 23rd day of the month, the User will continue to receive electricity from the existing electricity Trader. If the User submits a withdrawal form between the 24th and the 1st of the following month, the User will continue to receive electricity supplies under the last guaranteed supply.
6.4.    The User has the right to withdraw from the Agreement before the start of the electricity trade period specified in the SP of the Agreement, by notifying the Trader by the 24th day of the previous month, without paying an early termination fee, if such a fee is provided for in the SP of the Agreement.
7.    EXTENSION OF THE AGREEMENT
7.1.    If the User has concluded a fixed price Agreement, the Trader shall inform the User 6 (six) weeks before the end of the electricity trading period and, using electronic means of communication and/or the Trader's self-service portal and mobile application, send the User a written offer for the next period. If the User does not object to the Trader's offer before the end of the electricity trade period or the Parties have not agreed in writing on other provisions, the Agreement shall be extended for a period equal to the initial term of the Agreement.
8.    TERMINATION OF THE AGREEMENT
8.1.    The User may terminate the use of electricity at the Site by notifying the Trader at least 5 (five) working days in advance, indicating the date of termination of electricity use and paying the early termination fee, if such a fee is provided for in accordance with the SP of the Agreement.
8.2.    The User shall not be required to pay the early termination fee provided for in the Agreement if:
8.2.1.    The User refuses the universal service;
8.2.2.    The User terminates the Agreement later than two years after the start of the sales period;
8.2.3.    The User terminates the Agreement in connection with amendments to the Agreement made by the Trader during the first two years of the sales period provided for in the SP of the Agreement. In such case, the User may terminate the Agreement within 30 (thirty) days after receiving the Trader's notification. The relevant provision does not apply to changes made on the basis of technical connection data provided by the system operator; regulatory acts (including those concerning the amount of mandatory payments, taxes or fees, the procedure for their payment, administration or exemption and application of relief); decisions of supervisory authorities and court judgments and other circumstances beyond the Trader's control, due to which the Trader is obliged to amend the provisions of the Agreement.
8.3.    The Trader shall be entitled to unilaterally withdraw from the Agreement and/or suspend the supply of electricity for a period of at least 5 (five) calendar days, notifying the User in advance, if:
8.3.1.    it is established that the electricity at the Site is being used for the needs of legal entities or resold;
8.3.2.    the Trader receives information from the system operator that the User has changed the electricity trader or has stopped using electricity;
8.3.3.    the User fails to fulfill the obligations specified in the Agreement and does not make payments for electricity after the User's electrical installations have been disconnected in accordance with the procedure specified in Clause 3.9 of the Agreement;
8.3.4.    the system service agreement concluded between the User and the system operator is terminated or its performance is suspended due to the User's fault;
8.3.5.    the supply and use of electricity at the Site has not taken place for more than a year.
8.4.    Regardless of the reason for termination of the Agreement, the User shall pay the Trader for the electricity consumed, the services received, as well as the early termination fee, if applicable in accordance with the SP of the Agreement. 
9.    LIABILITY OF THE PARTIES
9.1.    The Trader shall not be liable for any delay in commencing the supply of electricity if the reason for such delay is that the User has not provided the Trader or third parties with the correct information in a timely and proper manner, as necessary for the Trader to sell electricity to the User. The system operator is responsible for the actual supply of electricity to the User's premises and for the quality of the electricity supplied to the User.
9.2.    The Parties shall be exempt from liability for partial or complete failure to fulfill their obligations if such failure is due to force majeure. Force majeure circumstances are considered to be extraordinary circumstances that make the performance of the Agreement impossible and whose occurrence could not have been foreseen by the relevant Party and could not have been prevented by the relevant Party by reasonable means.
9.3.    The Parties hereby confirm that all information relating to this Agreement is confidential and may not be disclosed to third parties without the prior written consent of the Trader, unless such information or the Agreement must be submitted by a Party to state authorities or courts in cases and in accordance with the procedure specified in the applicable legislation of the Republic of Latvia, or to third parties for the purpose of ensuring the performance of the Agreement, to professional consultants or in connection with the Trader's presence on the public market.
10.    OTHER PROVISIONS
10.1.    The Agreement shall be governed by the laws of the Republic of Latvia.
10.2.    The Trader has the right to amend the General Provisions of the Agreement, the Terms of Use of the Traders elf-service portal and mobile application, and the Terms of Distance Contract for Households, as well as other documents specified in the Agreement, by informing the User of the changes at least 30 (thirty) days in advance. The relevant amendments shall enter into force and become binding to the User after the publication of their updated version on the Traders website.
10.3.    If the User does not agree to the amendments to the General Provisions of the Agreement, the User has the right to terminate the Agreement in accordance with the procedure set out in Section 7 of the General Provisions. If the Trader does not receive a notice from the User regarding unilateral withdrawal from the Agreement, the amendments shall be considered binding on the User.
10.4.    If a conflict is found between the General Provisions of the Agreement and regulatory enactments, the regulatory enactments shall apply. 
10.5.    The titles of the structural parts of the Agreement are designed to ensure its transparency, but do not affect its interpretation. In the event of a conflict between the General Provisions of the Agreement and the relevant SP of the Agreement, the SP of the Agreement shall prevail.
10.6.    All disputes and disagreements arising in connection with the performance of the Agreement shall be resolved by mutual agreement between the Parties or by using out-of-court dispute resolution options for consumers by submitting a claim in writing to the Trader in accordance with Clause 10.8 of the Agreement. If no agreement can be reached, disputes and disagreements shall be referred for consideration to a court of the Republic of Latvia in accordance with the procedure established by applicable legislation.
10.7.    In the event of changes in the Parties' data, the respective Party shall be obliged to inform the other Party in writing within 10 (ten) calendar days. 
10.8.    All related notifications and other correspondence between the Parties shall be sent in writing and shall be deemed to have been properly submitted if: a) submitted on the Traders self-service portal; b) sent by registered letter; c) sent by e-mail: to the User – to the contact persons specified in the SP of the Agreement; to the Trader – to [email protected]. Notifications and other correspondence submitted by e-mail or on the Ignitis self-service portal, if received by the other Party by 4:30 p.m. on a business day, shall be deemed to have been received on the same business day, but if received after 4:30 p.m. – as received on the next business day. Notifications and other correspondence sent by registered mail shall be deemed to have been received 7 (seven) calendar days after the date of sending. 
10.9.    In the event of any discrepancies between this English version of the Electricity Trade Agreement and the Latvian version, the Latvian version shall prevail.