Electricity gas prescription

This Self-Regulation Protocol illustrates the measures that Audax Energia Srl (hereinafter, “AUDAX”) has adopted in order to offer further guarantees compared to those already provided for by the applicable legislation, in particular by the Consumer Code (Legislative Decree no. 206/2005) and by Resolution of the Regulatory Authority for Energy, Networks and the Environment (hereinafter, “ARERA”) n. 228/2017/R/com of 06 April 2017, to combat the phenomenon of possible unfair commercial practices and the activation of unsolicited contracts for the supply of electricity and/or natural gas.

By virtue of this commitment, we invite you to communicate any observations or reports to us through our contact channels.

TITLE I – GENERAL PRINCIPLES

Art. 1 - Definitions

For the purposes of this provision the following definitions are adopted:

• Authority or ARERA: Regulatory Authority for Energy, Networks and the Environment;
• End customer: natural and/or legal person who has stipulated or intends to stipulate a contract for the supply of electricity and/or natural gas for own use;
• Code of Business Conduct: annex A to ARERA Resolution n. 366/2018/R/com of 28 June 2018, as subsequently integrated and/or modified;
• Consumer Code: Legislative Decree no. 206 of 6 September 2005, as subsequently integrated and/or modified;
• Contract: electricity and/or natural gas supply contract stipulated by an End Customer with AUDAX;
• Contract/Activation not required: contract between AUDAX and the Final Customer, which the latter believes derives from an incorrect commercial practice or ignores the signature and/or the consent given (articles 20, paragraph 2, 21 and 22 of the Consumer Code).
• TIRV resolution: Annex A to ARERA Resolution n. 228/2017/R/com “Integrated text regarding preparatory measures for the confirmation of the electricity and/or natural gas supply contract and voluntary reinstatement procedure”, as subsequently integrated and/or modified;
• Supply: supply of electricity and/or natural gas, provided by AUDAX to the End Customer;
• Confirmation letter or Welcome letter: written communication sent by the seller to the Final Customer following the conclusion of a contract through forms of remote communication or in a place other than the seller's business premises, for the purpose of providing the customer with further confirmation of the conclusion of the contract;
• Protocol: this Self-Regulation Protocol.
• TIVQ: Integrated text of the regulation of the quality of electricity and natural gas sales services approved with ARERA Resolution no. 413/2016/R/com of 21 July 2016, as subsequently integrated and/or modified;
• TIV: Integrated text of the ARERA provisions for the provision of last resort electricity sales services approved with Annex A to ARERA Resolution no. 491/2020/R/eel of 24 November 2020, as subsequently integrated and/or modified;
• TIVG: Integrated text of the retail sales activities of natural gas and gas other than natural gas distributed via urban networks approved with Annex A to ARERA Resolution no. ARG/gas 64/09 of 28 May 2009, as subsequently integrated and/or modified.

Art. 2 - Scope and purpose of the Protocol

The Protocol aims to guarantee the protection and defense of Final Customers and potential Customers from any unfair commercial practices in order to offer a level of additional guarantees compared to the obligations set out in the Consumer Code and the current regulations of the Authority .
In particular, AUDAX intends to guarantee the free expression of consent by the End Customers, the clarity and transparency of the information during the sale and signing of the contract by the End Customer and compliance by our commercial network with the rules of behavior imposed by applicable legislation.

Art. 3 - Scope of application

This Self-Regulation Protocol applies, in accordance with the provisions of the sector legislation, to Final Customers and potential customers and, in particular, for electricity supplies, to the customers referred to in article 2.3, letters a) and c) of the TIV and referred to in article 2.3, letters a), b) and d) of the TIVG, limited to points with overall annual consumption of less than 200,000 Smc.

Art. 4 - Restricted Parties

This self-regulation protocol is binding for AUDAX, and in particular for its employees, sales agencies and agents/direct collaborators, companies/individual collaborators connected to the latter, promotion and marketing agencies and, more generally, for all the natural or legal persons who regularly or occasionally carry out and develop the promotion and sale of AUDAX services and products.
AUDAX disavows and does not authorize any aggressive and/or incorrect commercial practice towards End Customers, and will sanction anyone who uses his name and image in violation of the rights of End Customers.
AUDAX specifies that, as part of the liberalization of the electricity and gas markets, to carry out sales activities and stipulate supply contracts, it also makes use of external companies that operate independently, through its own collaborators, who act under the exclusive directives of these companies, in compliance with the indications provided and in accordance with the provisions of the Code of Commercial Conduct. Therefore, AUDAX considers itself extraneous to those who have adopted incorrect behavior, and with a view to pursuing the exclusive interest of its customers, it will formally warn the companies involved, with the necessary clarification that any possible and ascertained liability in this regard can only be charged to them.

Art. 5 – Responsible

The company responsible for the implementation of this Protocol and the Resolution is the Head of the Commercial Department of AUDAX, to whom any cases of incorrect and/or misleading behavior must be reported.

TITLE II – PREVENTIVE MEASURES

Art. 6 – Dissemination and publication

Upon delivery of the contractual documentation relating to the supply contract and, in any case, before signing the contract, the end customer is informed of the existence of this Protocol, which is also published on our website www.audaxrenewables.it.

Art. 7 – Selection of sales agents and commercial partners

AUDAX undertakes to use exclusively commercial partners with requirements that guarantee correct sales activity. In particular, AUDAX will regulate its relationships with these partners on the basis of contracts that provide:

• the obligation to respect the Code of Commercial Conduct, the Consumer Code and the Privacy Code by all staff and the commercial network, even those employed occasionally;
• the application of the reversal of commissions and penalties in the event of complaints from End Customers, who communicate the denial of their consent (art. 66 quinquies of the Consumer Code), or incorrect or aggressive behavior occurs;
• the dismissal of the sales force who has engaged in aggressive or incorrect behaviour;
• the termination of the contract in case of violations of the Commercial Code of Conduct, the Consumer Code and the Privacy Code.

Art. 8 – Identification of sales agents and commercial partners

If sales personnel contact the Customer in places other than the AUDAX headquarters or sales offices, they are obliged to identify themselves by showing their identification card, which contains the following information:

1. name and surname of the agent;
2. agent identification code;
3. name of the agency/sub-agency for which it operates and its identified code;
4. indication "sales agent" or "sales representative";
5. trademark of AUDAX;
6. geographical address and contact details of AUDAX;
7. agent's passport photo.

In case of telephone contact, the commercial operator must provide the AUDAX identification data (geographical address, telephone number, fax, main e-mail address and PEC) and the following additional data:

1. name of the operator making the telephone contact and any personal identification code;
2. name of the agency/sub-agency for which it operates;
3. information regarding the country in which the operator making the telephone contact is physically located, pursuant to art. 24bis Legislative Decree 83/2012;
4. telephone number through which telephone contact is made;
5. information which indicates to the customer that the telephone contact is made by the operator as a sales agent of AUDAX.

Art. 9 - Commercial communication and contractual proposal

The contracts and communications to AUDAX Customers will be clear and simple, compliant with current regulations, without resorting to elusive or otherwise incorrect practices and in absolute compliance with the Code of Commercial Conduct and the Consumer Code.
AUDAX undertakes to inform and ensure that its commercial network informs the Customer in a complete and timely manner on the characteristics, functions, costs and risks of the service offered, as well as on all the information referred to in article 49 of the Consumer Code and in Article 9 of the Code of Commercial Conduct, also through the commercial and contractual documentation delivered to the Customer before the conclusion of the contract. In particular, they must:

• clarify that the contact is aimed at stipulating a contract for the supply of electricity and/or natural gas;
• describe clearly and unequivocally the conditions of the offer and any envisaged loyalty programs;
• explain the conditions, terms and procedures for exercising the right of withdrawal and the right of withdrawal;
• clearly display any costs for additional services;
• issue the complete contractual documentation pursuant to the Code of Commercial Conduct, including the comparability sheet and the summary sheet;
• inform the Customer of this Protocol.

In any case, AUDAX in its commercial communications will indicate the address to which the Customer can contact to obtain the necessary information relating to each aspect of the contract.

The sales network that operates on behalf of Audax is required to respect the Code of Commercial Conduct, the Consumer Code and the Privacy Code. In particular, it must explain the rules of the free market in a transparent manner and it is absolutely forbidden to:

• deceptively obtain consent from the End Customer;
• acquire consent from a person not authorized to sign;
• falsify the signing of the contract;
• violate the rules aimed at protecting personal data in accordance with the provisions of the privacy legislation;
• spread false information, through any means, about AUDAX's competitors.

Art. 10 – Verification of reports and removal of incorrect sales force

AUDAX, through its Customer Service, reachable i) by telephone at number 011/9653739 and number toll free 800.595.455, active from 8.00 to 20.00 from Monday to Friday (excluding national holidays), or ii) via e-mail to nfo@audaxrenewables.it or PEC to audaxenergia@pec.audaxenergia.it, manages all related reports to any incorrect commercial practices and, after appropriate checks, takes appropriate measures to combat irregular behavior of the sales force.
In this case, it sends written communication to the agent in order to report the incorrect behavior with a simultaneous request for a written report to the same in relation to the incident, as well as a warning for the other collaborator involved, if necessary. At the same time, written feedback is given to the Customer to inform him that AUDAX will carry out internal checks on the case in order to adopt the appropriate measures in relation to the reported fact, always without prejudice to the possibility of contacting the Competent Authorities to have suitable protection of rights.

Art. 11 – Conclusion of the contract

If the contract has been concluded outside the commercial premises, the contract is considered concluded on the date of signature of the same by the Customer who has accepted the commercial proposal formulated by AUDAX according to the contents of the participation form, in the general supply conditions, in the technical and economic conditions and in any other contractual document delivered to the Customer at the time of signing (comparability sheet for domestic customers, summary sheet and other documents delivered to the Customer at the time of signing). If the contract has been concluded using remote communication techniques (for example online, by telephone or via advanced electronic signature -OTP-), the contract is considered concluded with the receipt by AUDAX of the contract signed by the customer. At the latest within 10 working days of the conclusion of the contract and in any case, before activating the supply, AUDAX provides the consumer with confirmation of the contract concluded on a durable medium.

Art. 12 – Right to reconsider

If the contract was concluded outside the commercial premises of Audax or through remote communication techniques (for example online or by telephone or via advanced electronic signature - OTP), with a Customer who qualifies as a consumer pursuant to the Consumer Code, even with condominiums with residential use, they can exercise their right of reconsideration, even with reference to a single supply, without charges and without having to provide any reason within 14 days from the date of conclusion of the contract, by sending written communication to AUDAX, pursuant to and in compliance with the provisions of the art. 54 of the Consumer Code.
The Customer has the right to expressly request the start of activities related to the execution of the contract before the expiry of the deadline for exercising the right of withdrawal; in this case the Customer will still be able to exercise, within the period indicated above, his right to reconsider, but will be required to pay any costs foreseen by the distributor for the services carried out, in addition to the administrative costs determined by AUDAX, as well as the amounts relating to the consumption made, if the supply has been activated, in application of the technical-economic supply conditions envisaged in the signed/selected commercial offer, without prejudice to the provisions of the art. 66 quinquies paragraph 1 of the Consumer Code, regarding unsolicited supplies.

Art. 13 - Validation of the contract and documentary verification

AUDAX, through the Validation Department, at the time of acquisition of the contracts sent by the sales force, preliminarily verifies the formal correctness of the same, verifying that the individual parts of the contract have been completed and that the contract itself, in all its parties, is signed by the End Customer.
If during the validation of the contract it is verified (i) the absence of the customer's signature on the membership form and/or in the other forms making up the contract package, or the clear forgery of the signature; (ii) that the membership form is signed by a person other than the holder; (iii) the illegibility of the data; (iv) the incompleteness of the documentation (i.e. the absence of a copy of the identity document) and/or the data (i.e. the absence of both landline and mobile telephone number, e-mail address, POD/PDR/ meter serial number, etc.) or the incorrect completion of the membership form and/or the additional forms making up the contract package; (v) the inconsistency of the data entered and/or present in the application form; (vi) the mismatch of the signature printed on the forms with that highlighted in the customer's identity document; (vii) the bill heading is different from that of the contract and the simultaneous absence of the transfer form completed and signed by the customer, or (viii) any other error such as to lead to suspicion of the customer's lack of consent or the lack of data functional to the activation of the supply, the contract is blocked and in the event that the sales force concerned does not provide elements that can redress this presumption, the contract is definitively rejected and not included as a Customer of AUDAX.
In specific cases, AUDAX also (a) informs the agent (b) carries out a possible check call to the customer, in which the customer is asked to confirm their consent and the correctness of the data and network activity is verified of sales (i.e. the agent) and (c) if necessary, communicates to the customer the refusal (i.e. non-acceptance) of the contract by sending a specific written communication.

Art. 14 – Telephone verification (check call)

In order to (i) verify any missing or incorrect data and/or information, (ii) monitor the work of commercial partners and verify the correct execution of the methods of signing contracts by them, (iii) carry out further checks on data provided relating to specific types of customers (i.e. multi-site customers, customers served in medium voltage or with large gas consumption, public administrations), the Validation Department will carry out telephone verification of the aforementioned data by carrying out a check call .
For each type of customer, 3 telephone contact attempts are made, at different times and days, at the mobile or landline number indicated on the contract. In the event that the first attempt at telephone contact is not successful, AUDAX will send - via SMS - a link through which the Customer can proceed to confirm the contract. Subsequently, in the event of failure to confirm the contract, a further 2 check call attempts will be made, at different times and days, any negative outcome of which will result in the cancellation of the supply contract and the sending of the relevant written communication.

Art. 15 – Copy of contract and confirmation letter

At the time of conclusion of the supply contract or at the latest within 10 working days of the conclusion of the contract and in any case, before activating the supply, AUDAX provides the end customer with:

1. in the case of contracts concluded in a place other than the seller's business premises:
   • copy of the signed contract; or alternatively
   • confirmation of the contract on paper or, with the consent of the end customer, on another durable medium;
2. in the case of contracts concluded through forms of distance communication:
   • confirmation of the contract concluded on a durable medium;
3. in the case of telephone contracts, without prejudice to the provisions of article 51, paragraph 6 of the Consumer Code:
   • confirmation of the offer on paper or, with the consent of the end customer, on another durable medium.

The end customer has the right to request, whenever he deems it necessary, a copy of the contract in paper format or on another durable medium, by contacting AUDAX Customer Service.

Confirmation of the contract occurs - ensuring the registration of the delivery date to the carrier in charge of delivery to the end customer or to the email address provided by the end customer himself - by sending a Welcome letter containing the following information:

1. the date, place and method of stipulation of the contract;
2. that AUDAX has entered into a supply contract with the end customer itself, indicating the service covered by the contract, the identification data of the supply as well as the supply address and any amount relating to the security deposit;
3. that the contract referred to in letter b) will replace the one on the basis of which the end customer is currently supplied, indicating the start date of the execution of the contract reported in the contract;
4. the commercial offer which is the subject of the stipulated contract, specifying that it is a free market offer;
5. the contacts and contact details useful for requesting information or submitting a complaint/communication relating to any denial of consent, incorrect practices and/or any other dispute relating to the sales procedure or relating to the contract.

Art. 16 – Complaints

AUDAX provides its Customers with an assistance service relating to any problems they encounter during the stipulation of the contract. In particular, AUDAX has formed a team of operators specialized in resolving commercial problems, who are exclusively entrusted with responding to all complaints.

The End Customer who believes he has been the subject of a contract or an unsolicited activation, or who contests a contract or an aggressive commercial practice, can send directly or through a legal representative or a consumer association, a complaint regarding an unsolicited contract. requested from AUDAX immediately after:

1. having been aware of the contract or the unsolicited activation and in any case no later than 14 days from receipt of the Welcome letter or - if the Welcome letter has not been sent for any reason (think for example of a discrepancy or error between the address of sending the Welcome letter and that of the location of the Customer's supply point/domicile) - within 40 calendar days from the date of issue of the first invoice, or - if no invoice has been issued - from the date on which he became aware of the supply contract, i.e
2. have been the subject of an aggressive and/or unfair commercial practice, i.e
3. the signing of the contract, if the complaint has as its object the contestation of the contract itself.

The written complaint can be made using the form downloadable on our website www.audaxrenewables.it and must be delivered to AUDAX via one of the following communication channels:

• postal delivery to the address Via Candiolo n. 2/4 - 10048 Vinovo (TO);
• fax to number 011/0122660;
• PEC to the address complaint@pec.audaxenergia.it
• email to complaint@audaxrenewables.it.

In any case, it is necessary to indicate your identification data in the complaint:

• name and surname;
• postal or email address;
• contact telephone;
• service to which the complaint refers (electricity, natural gas, both);
• client code;
• supply address;
• copy of the documentation certifying the date of knowledge of any unsolicited contract or unsolicited activation (i.e.: copy of the Welcome letter or - in the absence of this - of the first bill).

Sending the complaint for an unsolicited contract/supply is, for the customer, a necessary condition for accessing the recovery procedure referred to in the TIRV Resolution.

Art. 17 – Response to complaints

The response to the complaint is provided by AUDAX in compliance with the provisions of the TIQV and the TIRV Resolution, motivating in any case the acceptance or non-acceptance of the complaint, pursuant to articles. 7 (for domestic customers) and 11 (for non-domestic customers) of the TIRV Resolution.
If the complaint for an unsolicited supply/contract is accepted, AUDAX informs the customer (i) of his right to access at any time the administrative and/or judicial means of appeal provided for by law; (ii) who is exempt from the obligation to provide any corresponding service, pursuant to article 66 quinquies of the Consumer Code and (iii) the possibility of the Customer, if he adheres and agrees, to reinstate the contract with the previous supplier or, alternatively with the Supplier of Last Resort, in accordance with Annex B to ARERA Resolution n.487/2015/R/eel of 14 October 2015 as subsequently amended and integrated (for electricity) and/or Annex B to ARERA Resolution n. 77/2018/R/com of 08 February 2018 as subsequently amended and integrated (for natural gas).

In the event that AUDAX decides not to accept the complaint, it will follow the procedure indicated in the articles. 7, 8 and 11 of the TIRV Resolution for domestic customers and end customers who qualify as consumers pursuant to the Consumer Code; the complaint and the related documentation will therefore be forwarded to the Consumer Help Desk at the Single Buyer.

Furthermore, AUDAX undertakes to manage, where possible and if acceptable, complaints for unsolicited contracts that are received by telephone to Customer Service on 011/9653739 or on the toll-free number 800.595.455.

TITLE III – EFFECTIVENESS

Art. 18 – Entry into force

This Self-Regulation Protocol comes into force from the day of its publication on the website www.audaxrenewables.it and will be subject to any integrations and/or updates that may be deemed appropriate, also in consideration of legislative developments and sector regulations.