Parties
This Usage Contract (hereinafter the “Contract”) is concluded between:
WattMatch SA
PO Box, 1701 Fribourg
(hereinafter “WattMatch” or the “LEC Representative”)
and
The Participant
(as identified upon registration on the WattMatch Platform)
(hereinafter the “Participant”)
(hereinafter collectively referred to as the “Parties”)
1. Purpose of the Contract
The purpose of this Contract is to define the conditions of the Participant's participation in a Local Electricity Community (LEC) managed by WattMatch, including:
a) the arrangements for WattMatch's representation of the LEC vis-à-vis the DSO;
b) the tariff conditions applicable to LEC Electricity;
c) the respective obligations of the Parties;
d) the conditions relating to duration, termination and exit.
This Contract, the General Terms of Use of the WattMatch Platform (Terms), the Privacy Policy and the tariff annex referred to in article 6.1 form a single contractual set, which the Participant declares to have read and accepted. In the event of any contradiction between these documents, the following order of precedence applies without exception: (1) this Contract; (2) the Terms; (3) the Privacy Policy; (4) the tariff annex.
2. Participation in the LEC
2.1 Membership
By signing this Contract, the Participant joins the LEC designated by WattMatch on the basis of their geographical location, service area and network level. The Participant declares and confirms:
a) that they do not participate in any other LEC for any of the metering points of the energy sites declared on the platform;
b) that they consent to the installation of a smart meter by the DSO, if one is not yet installed;
c) that they grant WattMatch delegated authority to confirm their participation in an LEC with the DSO, in accordance with the arrangements required by the latter, whatever they may be. Where the DSO requires a personal confirmation from the Participant, the latter undertakes to provide it in accordance with the arrangements and within the deadline set by the DSO, and in any event within one month of the notification of the LEC to the DSO;
d) that they will provide WattMatch, within the required deadlines, with the technical data necessary for the operation of the LEC, in particular their metering point number and connection capacity;
e) that they grant WattMatch delegated authority to form an LEC between users of the same area irrespective of the network rebate and to transfer their participation to another LEC, in particular in the following cases: (i) loss of eligibility of the Participant or of the LEC (article 4); (ii) recomposition of the LEC required in order to maintain the statutory minimum production threshold (article 2.5); or (iii) obtaining a better network rebate or a better tariff for the benefit of Consumers. No transfer is subject to any prior information of the Participant.
2.2 Participant's role
The Participant takes part in the LEC in one of the 3 following roles:
- Producer—they own a renewable energy production installation and supply LEC Electricity.
- Consumer—they draw LEC Electricity produced by the Producers of the LEC.
- Prosumer—they simultaneously fulfil the roles of Producer and Consumer.
These roles may change over the course of using the platform.
2.3 Allocation rule
LEC Electricity is allocated proportionally among all participating Consumers according to their respective consumption. Within any quarter-hour, all participating Consumers receive the same percentage of LEC Electricity relative to their consumption, in accordance with the Agreement between Participants (article 2.4) and the calculation method applied by the DSO.
2.4 Agreement between Participants (simple partnership)
The Participants of a single LEC form among themselves a simple partnership within the meaning of articles 530 et seq. CO, the purpose of which is limited to the formation and operation of the LEC. By signing this Contract, the Participant joins that simple partnership and accepts this Agreement between Participants, which governs their relationship within the meaning of article 17d para. 5 ElA and article 19f para. 1 ElO. This Agreement replaces any reference to a “model partnership agreement”.
The Participant accepts in advance the accession of any new Participant to the LEC on the same conditions, as well as the exit of any Participant in accordance with articles 7 and 8. They mandate WattMatch (articles 32 et seq. CO) to receive, in the name of all Participants, the declarations of accession and exit and to exchange the necessary information among them, so that the individual agreement of each Participant need not be obtained upon each entry or exit.
In accordance with article 19f para. 1 ElO, the Participants agree among themselves on the following points:
a) Representative: WattMatch is designated as the LEC Representative (article 3);
b) Internal remuneration rates: the internal LEC Electricity tariffs are set and adjusted in accordance with article 5;
c) Data processing, administration and settlement costs: these are covered by WattMatch's service fees (article 6), owed by each Participant individually;
d) Entry and exit conditions: these are governed by articles 2, 4, 7 and 8;
e) Allocation of network usage, metering and supply costs: each Participant remains individually liable to the DSO for these costs, which are invoiced directly by the DSO to each end consumer (articles 17e paras. 4 and 5 ElA) and are not allocated among the Participants by WattMatch.
The Participants agree that the points referred to in letters a) to e) above are definitively and exhaustively governed by this Contract and its annexes. No meeting, vote or collective decision of the Participants is required for the formation, operation, amendment or dissolution of the LEC.
By express derogation from articles 534 and 535 CO, decisions relating to the simple partnership are not taken unanimously by the partners and the management power does not belong to each Participant: it is entrusted exclusively to WattMatch. As WattMatch's administrative power is conferred by this partnership agreement, it may not, in accordance with article 539 para. 1 CO, be revoked or restricted by the other Participants without good cause.
Article 541 CO, which is mandatory law, remains reserved: each Participant retains the right to inform themselves about the conduct of the simple partnership's affairs and to consult the documents concerning it. This right is deemed satisfied by permanent access to their personal area on the Platform and by the detailed settlement made available in accordance with article 5.5.
The purpose of the simple partnership is strictly limited to the operation of the LEC. There is no joint and several liability between Participants towards the DSO (article 17e para. 4 ElA; article 9). As WattMatch is not authorised to bind the LEC or the Participants financially towards third parties beyond the energy flows internal to the LEC (article 3), the Participant is informed that, subject to this reservation, they assume no joint and several financial commitment towards third parties by reason of their participation in the simple partnership.
By derogation from article 545 para. 1 no. 2 CO, the simple partnership is not dissolved by the death, incapacity, bankruptcy or exit of a Participant: it continues by operation of law between the remaining Participants, the Participant concerned being deemed to have exited on the effective date of their withdrawal. Heirs holding the connection may take over the deceased's participation on the same conditions; failing this, the metering point concerned is removed from the LEC in accordance with article 7.
In the event of dissolution of the LEC (article 8.2), WattMatch draws up a final settlement within sixty (60) days: amounts collected from Consumers and not yet passed on are paid to the Producers, the sums owed by each Participant are invoiced to them, and the proceeds of receivables in the course of collection are distributed upon receipt, after deduction of collection costs. Articles 548 et seq. CO apply on a subsidiary basis.
2.5 Production threshold and maintenance of LEC status
The formation and continuation of an LEC presuppose that the capacity of the Participants' production installations represents at least 5 % of the connection capacity of all end consumers of the LEC, installations operated for a maximum of 500 hours per year not being taken into account (article 19e paras. 1 and 2 ElO).
If this threshold is no longer reached, the DSO ceases to treat the community as an LEC (article 19e para. 5 ElO) and WattMatch, in its capacity as representative, notifies the DSO that the threshold has not been reached (article 19g para. 1 let. e ElO). In order to preserve the LEC status and the Participants' interests, WattMatch is authorised to recompose the LEC, in particular by bringing in new Participants or by carrying out the transfers provided for in article 2.1 let. e. The Participant is informed that the departure of a major Producer may result in the loss of LEC status for all Participants.
2.6 Guarantees of origin
The electricity produced within the LEC is sold between the Participants together with the corresponding guarantees of origin (GO), under the supervision of the competent executing body (Pronovo; articles 19f para. 2 ElO and 64 EnA).
The Producer mandates WattMatch to manage, in its capacity as representative, the registration and transfer of the guarantees of origin relating to the LEC Electricity allocated to the Consumers of the LEC, as well as the corresponding formalities with Pronovo.
The Producer is informed that the guarantees of origin thus allocated to the LEC are no longer available for separate monetisation with the DSO: the “guarantee of origin” component of the DSO's standard feed-in price (of the order of 1 to 3 ct/kWh depending on the period) is then not received for the share of electricity sold within the LEC. The tariffs published in accordance with article 5 take this allocation into account.
3. Representation mandate
The Participant expressly mandates WattMatch to act as LEC Representative within the meaning of articles 530 et seq. CO and in accordance with the Agreement between Participants (article 2.4).
This mandate comprises exclusively the following powers, the list of which is exhaustive:
a) representation of the LEC in all its legal and economic relations with the DSO, the authorities and third parties;
b) the conclusion and termination of contracts in the name of the LEC;
c) the collection and payment of LEC Electricity prices;
d) the receipt and handling of correspondence and communications concerning the LEC;
e) the decision to accept new Participants or to exclude existing Participants under the conditions set out in this Contract;
f) the power to amend the Agreement between Participants (article 2.4), with 6 months' notice communicated in writing to the Participants and subject to the right of termination free of charge provided for in article 7.7;
g) the power to delegate all or part of its tasks to third parties, in accordance with article 398 para. 3 CO, WattMatch remaining liable to the Participant for the acts of its auxiliaries;
h) any other operation necessary for the proper functioning of the LEC.
The Participant acknowledges and accepts that WattMatch, in its capacity as representative, acts in the collective interest of the LEC and not in the individual interest of each Participant. WattMatch undertakes to exercise its representation mandate with due care and in compliance with the applicable regulations.
The representation mandate is granted for the entire duration of the Participant's participation in the LEC. It ends automatically upon the Participant's exit from the LEC.
The power of representation is limited to acts strictly necessary for the formation, operation, amendment and dissolution of the LEC, as well as for dealings with the DSO and the authorities. WattMatch is not authorised to enter into, in the name of the LEC or the Participants, any financial commitment towards third parties beyond the energy flows internal to the LEC. WattMatch's service fees (article 6) are owed by each Participant individually and not by the LEC.
4. Participant's obligations
4.1 General obligations
The Participant undertakes to:
a) provide accurate and complete information upon registration and keep it up to date;
b) provide WattMatch, within the requested deadlines, with all technical data necessary for the formation and operation of the LEC, in particular their metering point number, connection capacity and, where applicable, the characteristics of their production or storage installation;
c) confirm their participation in the LEC in accordance with the arrangements required by the DSO, within one month of the notification, where the DSO requires a personal confirmation (article 2.1 let. c);
d) not participate in another LEC for the same metering point during the term of this Contract;
e) pay the amounts due under this Contract within the prescribed deadlines.
4.2 Duty to notify in the event of a Consumer's relocation
The Participant undertakes to notify WattMatch in writing (e-mail or post) of any relocation at least one month before the effective date of the move.
In the event of relocation, the metering point concerned will be automatically removed from the LEC in accordance with the applicable DSO rules. Termination in the event of relocation entails no cost for the Participant, subject to compliance with the one-month notification period.
Failure to comply with the one-month notification period may result in the Participant being invoiced for the administrative costs actually borne by WattMatch.
4.3 Specific obligations of the Producer
The Producer undertakes to:
a) keep their production installation in good working order;
b) inform WattMatch without delay of any prolonged interruption of production (breakdown, maintenance, etc.);
c) not cease supply without notice; in the event of unannounced cessation, WattMatch may exclude them from the LEC following a written reminder that has remained unanswered for 30 days. Where the excluded Participant owns at least one production site, the exit tariff provided for in article 7.3 applies to their last feed-in period. No exit fee is owed by an excluded Consumer Participant;
d) provide and keep up to date their bank details (IBAN) on the Platform, a necessary condition for payment of the remuneration provided for in article 5.5.
4bis. WattMatch's obligations
WattMatch undertakes towards the Participant to:
a) notify the DSO of the formation and dissolution of the LEC as well as the entries and exits of Participants, within the deadlines set out in article 19g para. 1 ElO;
b) communicate to the DSO the technical data of the production and storage installations and notify it that the threshold referred to in article 2.5 has not been reached;
c) receive the metering data transmitted by the DSO, draw up the LEC Electricity settlement for each billing period and make available to the Participant the detailed settlement provided for in article 5.5;
d) pay the Producer the remuneration due within the period provided for in article 5.5 and hold the amounts collected in the separate account provided for in that same provision;
e) publish and keep up to date the tariff annex referred to in article 6.1, including the discount and commission actually applied;
f) implement the reasonably required measures to maintain the LEC status, in accordance with articles 2.5 and 8.1;
g) notify the Participant of any amendment within the meaning of article 7.7, in the forms and within the deadlines provided for therein.
The obligations referred to in letters a) to g) constitute WattMatch's essential obligations within the meaning of article 7.4 let. e. Subject to letters a), d) and e), WattMatch owes an obligation of means and not of result.
These obligations are owed to each Participant individually. The provision of article 3 whereby WattMatch acts in the collective interest of the LEC concerns the exercise of its discretion as representative and does not preclude individual reliance on the obligations of the present article.
5. LEC Electricity pricing
5.1 Principle
WattMatch sets the supply tariffs (Producer's remuneration) and the offtake tariffs (price paid by the Consumer) for LEC Electricity. These tariffs relate exclusively to the “energy” component and do not include the network usage tariff, the metering tariff and the levies, which are invoiced directly by the DSO.
5.2 Tariff model
The LEC Electricity tariff is set according to the following indexed model:
Offtake price (Consumer) = DSO Reference Price, less a discount set by WattMatch.
The “DSO Reference Price” means the energy component, excluding VAT, excluding the network usage tariff, excluding the metering tariff and excluding levies, of the standard electricity product within the meaning of article 6 para. 2bis ElA of the competent distribution system operator, for the customer group, tariff structure and time band applicable to the Participant's metering point.
Supply remuneration (Producer) = Offtake price, less the WattMatch commission referred to in article 6.
The tariff model is constructed so that the Consumer pays, for LEC Electricity, a price lower than the DSO Reference Price.
It is likewise constructed so that the Producer receives, for the surplus electricity fed into the LEC, remuneration higher than the DSO's standard feed-in price including the “guarantee of origin” component, that component being allocated to the LEC in accordance with article 2.6. The remuneration is paid in accordance with the arrangements set out in article 5.5. The two preceding paragraphs describe the construction of the tariff model and do not constitute a guarantee of result for any given billing period.
The discount applied to the offtake price is set by WattMatch; it may be neither lower than 0 ct/kWh nor higher than 7 ct/kWh. The tariffs actually applied and the discount in force, together with worked examples, are published and kept up to date on WattMatch's tariff page (article 6.1), which forms an integral part of the Contract as an annex.
5.3 Tariff adjustment
WattMatch adjusts the tariffs annually, in line with changes in the DSO's standard tariff. The new tariffs are communicated in writing (e-mail) to Participants by 30 September of each year at the latest and enter into force on 1 January of the following year.
WattMatch reserves the right to amend the tariff model with 6 months' notice. In the event of a substantial amendment to the tariff model, the Participant has the right to terminate the Contract free of charge under the conditions set out in article 7.
By way of exception to paragraph 1, WattMatch may carry out an extraordinary tariff revision during a tariff year where the competent DSO amends its own tariffs during the year, where the Participant changes customer group or tariff structure with the DSO, or where a legislative or regulatory change affects the components of the DSO Reference Price, the reduction of the network usage tariff (article 19h ElO) or the minimum feed-in remuneration (article 12 EnO). The extraordinary revision is limited to passing on the change observed, with the discount unchanged; it is communicated in writing and takes effect no earlier than thirty (30) days after the communication. An extraordinary revision so limited is not a substantial amendment within the meaning of article 7.7.
5.4 VAT
The energy tariffs displayed are exclusive of VAT. If the LEC is subject to VAT by reason of its activity, VAT is added to the tariffs invoiced to participants. WattMatch's service fees are likewise exclusive of VAT and are invoiced with VAT in addition, WattMatch being subject to VAT. WattMatch, in its capacity as LEC Representative, ensures the correct VAT treatment of all flows. The participant undertakes to declare whether they are themselves subject to VAT.
5.5 Remuneration of producers
WattMatch pays the Producer the remuneration for the LEC Electricity fed in, calculated according to the formula in article 5.2, within thirty (30) days of actual receipt of the corresponding payment from the Consumers of the LEC.
In the event of early termination by the Producer, the remuneration for the last billing period is determined in accordance with article 7.3.
WattMatch does not advance funds not collected from Consumers. In the event of partial collection, payment to the Producer may be made pro rata to the sums actually collected, the balance being carried over to the following billing period once further amounts are collected. In the event of definitive non-payment by a Consumer after implementation of the procedure provided for in article 6.3, the corresponding share of the remuneration is not owed by WattMatch to the Producer; the proceeds of any subsequent recovery are passed on to the Producer, after deduction of recovery costs.
Payment is made by bank transfer to the IBAN account communicated by the Producer on the Platform. A detailed settlement (period, kWh fed in, unit price, WattMatch commission, net amount paid, VAT where applicable) is made available to the Producer in their personal area for each billing period.
The amounts collected from Consumers in respect of LEC Electricity are collected by WattMatch on behalf of the Producers. WattMatch holds them in accounts kept separate from its operating accounts, dedicated exclusively to that purpose, and does not use them for any other purpose. These amounts remain economically the property of the Producers until they are paid out; they do not form part of WattMatch's assets and may not be set off against any claims of WattMatch other than the commission provided for in article 6.
6. WattMatch service fees
6.1 Fee structure
In consideration of the services provided, the Participant pays the following service fees:
a) A maximum amount of 2 ct/kWh of LEC Electricity exchanged, levied on each kWh traded within the LEC. Various discounts are possible (launch offer, municipality rebate, …).
WattMatch sets the internal LEC Electricity tariffs (article 5) and collects the above service commission, which may not exceed 2 ct/kWh. For transparency regarding this dual role, the tariffs applied, the discount in force, the effective commission and worked examples are published and kept up to date at https://www.wattmatch.ch/en/pricing, which constitutes the tariff annex to the Contract.
6.2 Invoicing
Service fees are invoiced monthly or quarterly by WattMatch, according to the DSO's billing frequency. Payment is due within 30 days of the invoice date.
6.3 Non-payment
In the event of non-payment within the prescribed period, WattMatch will send a written reminder to the Participant. If payment is not made within 30 days of the reminder, WattMatch reserves the right to charge reminder fees, to exclude the Participant from the LEC and to terminate this Contract with immediate effect.
7. Duration, termination and exit
7.1 Duration
This Contract is concluded for a minimum term of five (5) years from the date of activation of the LEC (transition to “active” status).
Upon expiry of the minimum term, the Contract continues for an indefinite period.
The minimum term is justified by the investments and specific costs borne by WattMatch for the formation and operation of the LEC for the Participant's benefit, in particular the formalities and costs with the DSO, the configuration of the Platform and the setting up of the settlement process. In accordance with the mandatory nature of article 404 CO, the Participant may nevertheless terminate the Contract at any time; the consequences of such early termination are governed, for the Participant owning at least one production site only, by article 7.3 and exclusively as a lump-sum indemnification of the actual costs, subject to the exemption cases in article 7.4.
7.2 Termination after the minimum term
After expiry of the 5-year minimum term, either Party may terminate the Contract in writing (e-mail or post), at the end of any month, subject to four (4) months' notice.
7.3 Early termination and exit conditions
No exit fee is owed in the event of termination, whether early or not, by a Consumer Participant who owns no production site.
Where a Participant owning at least one production site (Producer or Prosumer) terminates the Contract before expiry of the minimum term of five (5) years, and save in the exemption cases provided for in article 7.4, the LEC Electricity they fed in during the last billing period preceding their effective exit from the LEC is not remunerated according to the formula in article 5.2, but at the exit tariff defined below. The exit tariff corresponds to the minimum feed-in remuneration applicable to the installation concerned under article 12 para. 1bis EnO, in the version in force at the date of exit, the determining capacity being the standardised capacity of the installation (article 13 para. 1 EnO), including, for photovoltaic installations with a capacity of 30 kW or more with self-consumption, the weighting provided for in that provision. Where the installation concerned does not benefit from any statutory minimum feed-in remuneration, in particular where its capacity is 150 kW or more or where it uses another technology, as well as in all cases where the exit tariff would be lower than that threshold, the exit tariff corresponds to fifty per cent (50 %) of the remuneration that would have been due under article 5.2. The amounts of the minimum feed-in remuneration in force are indicated for information in the tariff annex referred to in article 6.1. The exit tariff is exclusive of the “guarantee of origin” component, which is treated in accordance with article 2.6. This reduction in remuneration constitutes a lump-sum indemnification of the actual costs borne by WattMatch as a result of the early exit; it takes the place of any exit indemnity and no other fee is owed. The Participant retains the right to terminate the Contract at any time.
7.4 Exemption cases
By way of exception to article 7.3, the Producer or Prosumer retains the full LEC remuneration (art. 5.2) for their last billing period, without reduction to the SFOE minimum, in the following cases:
a) Relocation of the Participant outside Switzerland, subject to compliance with the one-month notification period provided for in article 4.2;
b) Dissolution of the LEC by WattMatch;
c) Substantial amendment of the tariff model by WattMatch (art. 5.3), if termination occurs within 4 months of notification of the amendment;
d) Substantial amendment of these Terms or of the Contract, if termination occurs within 4 months of notification of the amendment;
e) Failure by WattMatch to comply with its essential obligations under this Contract, after a formal notice that has remained without effect for 30 days;
f) Death of the Participant;
g) Sale of the property giving access to the metering point;
h) Loss of LEC status (article 8.1) or dissolution of the LEC (article 8.2).
7.5 Effects of termination
Upon termination of the Contract:
a) the Participant's metering point is removed from the LEC within the deadlines required by the DSO;
b) the Participant remains liable for the amounts due up to the effective exit date;
c) WattMatch notifies the Participant's exit to the DSO within the statutory one-month deadline;
d) the departure of a single Participant does not result in the dissolution of the LEC, unless there no longer remains at least one active Producer and one active Consumer, or unless one of the conditions laid down in article 19e paras. 1, 3 and 4 ElO ceases to be met, in which case article 8 applies.
7.6 Exclusion
WattMatch, in its capacity as LEC Representative, may exclude a Participant with immediate effect in the following cases:
a) non-payment of invoices within the prescribed period following a written reminder (art. 6.3);
b) unannounced cessation of supply by a Producer following a written reminder that has remained unanswered for 30 days (art. 4.3);
c) provision of false or fraudulent information;
d) repeated failure to comply with the obligations of this Contract despite a formal notice.
Where the excluded Participant owns at least one production site, the exit tariff provided for in article 7.3 applies to their last feed-in period. No exit fee is owed by an excluded Consumer Participant.
7.7 Amendment of the Contract and of the contractual documents
WattMatch may amend this Contract, the Terms, the Privacy Policy, the tariff annex and the Agreement between Participants. Amendments are notified to the Participant in writing (e-mail) at least thirty (30) days before they enter into force; the longer notice periods provided for in articles 3 let. f and 5.3 remain reserved. Failing termination under the conditions below, continued use of the Platform after the amendment enters into force constitutes acceptance thereof.
Any amendment that adversely and not insignificantly affects the Participant's essential rights or obligations, the discount range, WattMatch's commission, the duration, the exit fees or indemnities, or the scope of the powers conferred on WattMatch, is deemed substantial.
The notification of a substantial amendment expressly states its substantial character, the Participant's right to terminate the Contract free of charge and the deadline for exercising that right. The Participant may terminate the Contract free of charge within four (4) months of the notification, in accordance with article 7.4 let. c and d; at their request, the termination takes effect at the latest on the date the amendment enters into force.
This article 7.7 may be amended only with the Participant's express agreement.
7.8 Right of revocation
Where the Contract is concluded following doorstep selling at the Participant's home or workplace, on public transport or on public thoroughfares, or at a promotional or information event organised by WattMatch or on its behalf, the Participant as a consumer has the right of revocation provided for in articles 40a et seq. CO, provided the service exceeds 100 francs.
They may revoke their acceptance in writing within fourteen (14) days from the time they proposed or accepted the Contract and received the information relating to this right. WattMatch informs the Participant of this right upon conclusion and confirms the arrangements to them in writing.
This article does not apply where the Participant themselves solicited the conclusion of the Contract, in particular through a spontaneous registration on the Platform.
8. Loss of LEC status, dissolution and liquidation
8.1 Loss of LEC status
Where one of the conditions laid down in article 19e paras. 1, 3 and 4 ElO ceases to be met—failure to reach the 5 % production threshold, departure from the common service area or connection at a voltage level above 36 kV, or participation of a consumption site or of an installation in another community—, the distribution system operator may no longer treat the community as an LEC (article 19e para. 5 ElO). WattMatch notifies this situation to the DSO in accordance with article 19g para. 1 let. e ElO and informs the Participants without delay.
The loss of LEC status does not automatically entail the dissolution of the simple partnership. During a suspension period of no more than six (6) months, WattMatch implements the recomposition measures provided for in article 2.5. During that period, no LEC Electricity is allocated or invoiced between the Participants, the commission provided for in article 6.1 is not owed, and each Participant is supplied and invoiced directly by the DSO on ordinary terms. If the LEC status is not restored by the end of that period, the LEC is dissolved in accordance with article 8.2.
8.2 Dissolution
The LEC is dissolved if there no longer remains at least one active Producer and one active Consumer, upon expiry of the suspension period referred to in article 8.1 without restoration of the status, or by decision of WattMatch. WattMatch informs all Participants in writing (e-mail) without delay and notifies the dissolution to the DSO subject to the three (3) months' notice for the end of a month provided for in article 19g para. 1 let. a ElO.
8.3 Liquidation period
Between the notification to the DSO and the effective date of dissolution, the LEC continues to produce its effects vis-à-vis the DSO. During that period, the allocation of LEC Electricity, the pricing under article 5 and the commission under article 6.1 remain applicable, unless the LEC status has previously been lost within the meaning of article 8.1. The final settlement is drawn up in accordance with article 2.4.
Both in the event of loss of LEC status (article 8.1) and in the event of dissolution of the LEC (article 8.2), no exit fee is owed by the Participants and the reduction in remuneration provided for in article 7.3 is not applicable.
9. Warranty and liability
Warranty and liability are governed by the applicable mandatory legal provisions and are excluded to the fullest extent permitted by law.
There is no joint and several liability between Participants for Residual Electricity invoices owed to the DSO (art. 17e ElA). Each Participant remains in all cases individually liable to the DSO.
WattMatch is not liable for interruptions in the supply of LEC Electricity due to events beyond its control (force majeure, network maintenance, breakdown of a production installation, change to network topology by the DSO, etc.).
10. Assignment and transfer of the Contract
10.1 Transfer by WattMatch
WattMatch may transfer this Contract, together with all the rights and obligations arising from it, the role of LEC Representative and, in compliance with the applicable data protection legislation, the data necessary for its performance, to a third-party company (the “Successor”), in particular in the context of a merger, a demerger, a transfer of assets and liabilities within the meaning of articles 69 et seq. of the Merger Act (MerA), a sale of assets or any other reorganisation.
By signing this Contract, the Participant consents in advance to such a transfer and to the takeover of the Contract by the Successor, on condition that the latter takes over the Contract on the same essential terms, in particular as regards tariffs, duration and fees, and that it assumes the role of LEC Representative or designates a replacement Representative with the DSO.
WattMatch informs the Participant of any transfer in writing (e-mail or post) at least thirty (30) days before it takes effect, stating the identity of the Successor.
10.2 Assignment by the Participant
The Participant may not assign or transfer this Contract to a third party without WattMatch's prior written consent. The transfer of the metering point resulting from a relocation or from the sale of the property remains governed by articles 4.2 and 7.4.
11. Severability clause
If any provisions of this Contract are or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The Parties undertake to replace the invalid provision with a valid provision that comes as close as possible, economically, to the meaning and purpose of the provision replaced.
12. Protection of personal data
The processing of the Participant's personal data in the context of this Contract is governed by WattMatch's Privacy Policy, available at www.wattmatch.ch/en/privacy, which describes in particular the categories of data collected, the purposes of processing, the recipients, the retention periods and the Participant's rights (access, rectification, erasure, portability). By signing this Contract, the Participant declares that they have read the Privacy Policy and accept its terms. Specific consents relating to the transmission of data to the DSO are governed by article 6 of the Terms.
13. Applicable law and jurisdiction
This Contract is governed exclusively by Swiss substantive law.
The place of jurisdiction is WattMatch's registered office. Mandatory places of jurisdiction remain reserved.
Disputes relating to network connection, network usage and DSO tariffs fall within the competence of the Federal Electricity Commission (ElCom) in accordance with article 22 ElA, and not of WattMatch. This Contract governs only the relations between WattMatch and the Participant and between Participants within the LEC.
Acceptance
By signing and ticking the box “I accept the WattMatch Usage Contract” on the Platform, the Participant declares that they have read, understood and accepted this Contract in its entirety, including the Agreement between Participants (article 2.4), as well as the General Terms of Use, the Privacy Policy and the tariff annex, which form an integral part of the contractual set within the meaning of article 1. The written form requirement laid down in article 19f para. 1 ElO is thereby satisfied.
The Participant:
Advanced electronic signature (AES):