’s Special Terms and Conditions for B2B Electricity Purchases

 Symphonics, a simplified joint-stock company with a capital of €115,233, whose registered office is located at 1 impasse du Palais in Tours (37000), registered with the Tours Trade and Companies Register under number 952 912 038, is offering to purchase surplus production and optimize the operation of the Equipment in accordance with the General Terms and Conditions provided to you. 

Your contact information: 

Company Name: xxxSIRET: xxxLast Name: xxxFirst Name: xxxPhone: xxxEmail: xxxMailing Address: xxxZIP Code: xxxCity:xxx

Your installation: 

ENEDIS Delivery Point No.: xxx Type of generation: Solar 

Type of feed-in: □ full feed-in □ surplus feed-in (self-consumption) 

Collective self-consumption: □ Yes □ No Installed solar capacity (kWp): 

Brand: xxxPart Number: xxx

Storage capacity (kWh): xxxBrand: xxxModel number: xxx

Requested feed-in connection capacity (kVA): CONSUEL production number (blue / purple if storage): 

Your offer: 

Symphonics agrees to purchase the energy you generate but do not consume at the consumption site, in accordance with the terms set forth in the General Terms and Conditions, at a price of: €/MWh (excluding tax) for energy fed into the grid. This price includes guarantees of origin and capacity. You can also benefit from a service to optimize your production, storage, and consumption equipment in order to maximize your self-consumption and reduce your electricity bill. Effective Date of the Contract: xxx

Your payments: 

You will receive your income from the purchase of your production via bank transfer: 

IBAN: xxxBIC: xxx

Your acceptance: 

By signing these Special Terms and Conditions, you agree to the following terms: 

□ You agree to the Agreement and consent to the collection and processing of your Data as described in the Terms and Conditions (T&C), which you acknowledge having read and accept in full. 

□ You authorize and agree that Symphonics may collect your technical meter data, consumption data, and feed-in data from the distribution network operator Enedis. If applicable, you authorize Symphonics to enable, on your behalf, the feature that collects meter readings at the interval recorded by the meter in order to access your consumption data. 

□ You hereby authorize Symphonics to collect and process, on your behalf, technical, identification, and programming data, as well as to obtain access to the control features of connected devices from manufacturers or remote device control service providers in order to enable the provision of the Services. 

The Signature (indicating agreement) 

General Terms and Conditions for the Purchase of Electricity for Installed Capacity ≤ 36 kWp – Single Feed-in Contract 

Symphonics SAS – Business Customer – Version B6 effective as of February 1, 2026 These General Terms and Conditions of Sale (“General Terms and Conditions of Sale ” or “Terms”) govern the purchase of surplus electricity generation by Symphonics, a simplified joint-stock company with a sole shareholder and a capital of €115,233, with its registered office located at 1 impasse du Palais, 37000 Tours, registered with the Tours Trade and Companies Register under No. 952 912 038 (“Symphonics”) from the Customer who has a contracted capacity and a photovoltaic installation with a capacity of 36 kWp or less. The Offer is intended for the Customer equipped with energy equipment for the production, storage, or consumption of electricity, controllable remotely via the Symphonics platform (the “Equipment”). It includes the purchase of surplus production and a service to optimize the scheduling of the Equipment. The specific eligibility conditions for the Customer (“Specific Terms of Sale”) are attached to these General Terms of Sale. We invite you to carefully read these General Terms and Conditions and the Special Terms and Conditions of Sale before accepting them, as well as our Privacy Policy available on the website at www.symphonics.fr/dataprivacy, which defines the conditions under which we may collect, store, and process personal data related to your use of our services and Equipment. These General Terms and Conditions and the Special Terms and Conditions of Sale are available for download on the website https://symphonics.fr/conditions-generales; the Customer has received them by email or in hard copy prior to signing their contract with Symphonics (“Contract”). The Customer therefore acknowledges having the opportunity to review them on a durable medium. 

ARTICLE 1: DEFINITIONS 

Service Catalog: refers to the catalog listing Enedis’s services and their current rates, which is available on the website http://enedis.fr/Catalogue_des_prestations. 

Customer: means any legal entity that enters into the Contract for its business premises connected to the public distribution network (PDN) within the French territory served by Enedis. 

Agreement: means the agreement entered into between Symphonics and the Customer governing the Customer’s subscription to the Offer, which constitutes an indivisible whole comprising the following contractual documents: 

– these General Terms and Conditions of Sale; 

– the Special Terms and Conditions of Sale applicable to the Customer; 

– Enedis’ General Terms and Conditions for access to and use of the Public Electricity Distribution Network (“RPD”). These documents are provided to the Customer upon execution of the Contract and, where applicable, when there are changes to the contractual terms. The Contract constitutes the entire agreement between Symphonics and the Customer regarding its subject matter; it supersedes and replaces any prior statements, whether written or oral. 

Capacity: refers to the mechanism designed to ensure the security of the power system’s supply during peak periods by mobilizing available and dispatchable capacity to maintain a balance between electricity supply and demand. The system is managed by the Transmission System Operator (TSO) RTE. 

General Provisions: refers to the summary of Enedis’s general provisions regarding access to and use of the RPD applicable to the Customer, attached to these General Terms and Conditions of Sale. GRD-A Contract: refers to the contract entered into for the benefit of the producer Customer between Symphonics and the Distribution System Operator (DSO) Enedis regarding access to and use of the grid. It incorporates the Single Feed-in Contract (CU-I). 

CU-I: refers to the Single Feed-in Agreement, which authorizes the connection of the Customer’s facility to the distribution network and details the technical, legal, and financial terms (e.g., billing, metering, and the obligations of the producer and the Distribution System Operator (Enedis)) governing the Customer’s connection. It also grants the right to feed electricity into the grid and specifies the provisions relating to the operation of the facility (e.g., construction work, maintenance). The CU-I may only be entered into for generation facilities with an Installed Capacity ≤ 36 kVA connected to the Public Low-Voltage Distribution Network, for a Customer wishing to feed surplus generation into the grid. 

Enedis: refers to Enedis, a public limited company (SA) with an executive board and a supervisory board, registered with the Nanterre Trade and Companies Register under number 444 608 442, which operates as the electricity distribution system operator. 

Equipment: refers to the connected electrical equipment used for the generation, storage, or consumption of electricity that enables two-way data exchange and which the Customer authorizes Symphonics to control remotely for the purpose of optimizing the Customer’s electricity bill. The Equipment is and remains the property of the Customer; the terms and conditions specific to the manufacturer and seller from whom the Equipment was purchased remain enforceable, and Symphonics cannot be held liable for the operation of this equipment. 

Guarantee of Origin: refers to the mechanism that guarantees that the energy fed into the grid comes from renewable sources. 

Interior Installation: refers to all electrical installations as specified in Enedis’ General Provisions. 

Place of Consumption: refers to the address corresponding to the Delivery Point where energy is delivered to the Customer and/or fed into the grid. It is specified in Symphonics’ Special Terms and Conditions of Sale. 

Party(ies): refers to the Customer or Symphonics or both, depending on the context. 

Point of Delivery (“POD”): refers to the physical point at which the Customer’s premises are connected to the Public Electricity Distribution Network. 

Installed Capacity: refers to the maximum capacity that can be achieved by the generation facility connected to the Delivery Point. It may exceed the capacity fed into the grid. 

Public Distribution Network (“RPD”): refers to the public electricity distribution network operated and managed by the Distribution System Operator (“DSO”) Enedis. 

Balancing Responsible Entity: a legal entity assuming financial responsibility for discrepancies between the quantities of electricity withdrawn from and injected into the grid within its balancing area, as defined in the “Rules Governing Scheduling, the Balancing Mechanism, and the Balancing Responsible Entity System” published by RTE and available on the website“http://clients.rte-france.com/". 

Offer: means the offer to which the Customer subscribes under the Agreement, as described below. 

Services: means the services provided by Symphonics to the Customer under the Agreement, as described in Section 4 of these General Terms and Conditions of Sale. 

TURPE: refers to the fee for using public electricity networks paid by users of the Enedis network in exchange for their access to and use of the public electricity distribution network (RPD). 

Personal Data: refers to personal data as defined by Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“ GDPR”), including personal data made available to or transferred to Symphonics’ processor and any personal data that such processor processes in its capacity as a processor. 

ARTICLE 2: PURPOSE OF THE AGREEMENT 

The purpose of this Agreement is to define the terms and conditions for Symphonics’ purchase of surplus electricity and control of equipment at the Customer’s Point of Consumption, the terms and conditions for the Customer’s access to and use of the RPD, and the management of electricity fed into Symphonics’ or its subcontractor’s Balancing Area. The RPD authorizes Symphonics to represent it in dealings with the Customer. As such, Symphonics becomes the Customer’s primary point of contact for any matters relating to the injection of electricity and access to the RPD. However, the Customer maintains a direct contractual relationship with the DSO regarding access to and use of the RPD, in accordance with the DSO-A Contracts and the General Provisions (a summary of which is appended to these Terms and Conditions). Symphonics manages access to the RPD on behalf of the Customer, enabling the Customer to feed its surplus production into the RPD. Any request for action by the Customer is submitted to Symphonics, which forwards it to the DSO on behalf of the Customer and monitors its implementation. The commitments of Enedis and Symphonics to the Customer, as well as the obligations the Customer must comply with regarding access to and use of the RPD, are detailed in their General Provisions appended to the General Terms and Conditions of Sale and available on the website www.symphonics.fr/conditions-generales. 

ARTICLE 3: ELIGIBILITY 

Access to the Offer requires the Customer’s prior and unconditional acceptance of these General Terms and Conditions of Sale and the Special Terms and Conditions, as well as compliance with the following eligibility requirements: 

– Be located at a consumption site served by the distribution system operator Enedis in mainland France and be equipped with a Linky smart meter (service level 2); 

– Own the production facility outright or, failing that, have the right to use it; 

– Have an active connection that complies with the requirements of the Low-Voltage Regulation (RPD) for a feed-in capacity of between 1 kVA and 36 kVA, within the grid capacity limits set by the Distribution System Operator (DSO) at the Point of Delivery (PDL); 

– Own, maintain in operational condition, and authorize Symphonics to control one or more Internet-connected production, storage, and/or consumption devices that have passed a control test established by Symphonics. The total controlled electrical power must be at least equal to 20% of the contracted power on the relevant PDL; 

– Establish and maintain an active electricity supply contract at the Point of Use; 

– Not to be engaged, during the term of the Contract, by a third party to market excess production, Guarantees of Origin, or Capacity on energy markets. 

Symphonics reserves the right to deny the Customer access to all or part of its Service if the Customer does not meet all of these eligibility requirements; or if Symphonics determines that the Indoor Installation is likely to pose a hazard or is dangerous to the safety of persons and property. In such cases, Symphonics will notify the Customer in writing of the refusal and the reason for it, without the Customer being entitled to any compensation whatsoever. 

ARTICLE 4: DESCRIPTION OF SERVICES PROVIDED 

4.1 Purchase of surplus electricity 

Symphonics purchases from the Customer any surplus electricity generated by a power generation facility that is fed into the Enedis RPD in accordance with the Enedis RPD Terms of Service. This service is not compatible with the signing of a surplus purchase agreement with a third party. Termination of a surplus purchase agreement, if any, is possible under the terms set forth in said agreement and is the sole responsibility of the Customer. By subscribing, the Customer expressly designates Symphonics as the Certification Scope Holder and Manager (“RPC”) and holder of the load reduction and generation capacities, in order to enable the management of the certification of these capacities and their monetization on the markets. The energy produced by the Equipment and fed into the RPD may be associated with a Guarantee of Origin. Under the Contract, the Customer designates Symphonics as the sole beneficiary of the Guarantees of Origin generated when the surplus is fed into the grid. The facility may be registered in the electricity Guarantees of Origin registry referred to in Article L. 311-20 of the Energy Code. To this end, Symphonics may, in the name and on behalf of the Customer, disclose data concerning the Customer—collected in connection with the performance of the Contract in accordance with the terms described in Article 14 and referred to in Article R. 314-64 of the Energy Code—to the following parties: Electricity TSOs and DSOs (or their umbrella organizations) and the body responsible for issuing Guarantees of Origin referred to in the aforementioned Article L. 311-20. The Customer acknowledges and agrees that, in this context, they may be contacted directly by Symphonics, the network operators, their umbrella organization, or the certification body, solely for purposes related to these regulatory procedures. 

4.2 Inclusion in the balancing area 

The Parties agree that the performance of the Contract is directly contingent upon the connection of the Customer’s Production Site to the Balancing Area of Symphonics or its subcontractor. Symphonics therefore undertakes to comply with the procedures enabling such connection or disconnection within the timeframes and in accordance with the rules of the network operators in force. In particular, the Parties shall comply with the provisions of Article L. 321-15 of the Energy Code, which stipulates that each electricity producer is responsible for any imbalances between injections and withdrawals from the grid. This responsibility may be transferred to a balance manager by contract, or assumed by a party that has entered into a contract with such a manager. Under the Agreement, Symphonics shall assume responsibility, either directly or through a duly authorized Balance Manager, for the imbalances related to the Customer’s Generation Site. In the event of a failure by the relevant balance manager, and subject to applicable provisions, Symphonics undertakes to appoint a new Balance Manager without delay, in accordance with the aforementioned Article L. 321-15. 

4.3 Equipment Control 

When the Customer subscribes to the Offer and has controllable connected devices, a service to optimize the scheduling of those devices is also provided to the Customer to maximize self-consumption and take into account the Customer’s electricity supply rate—including “off-peak hours”—as well as the Customer’s electricity generation and the carbon intensity of the electricity. To reduce the Customer’s electricity bill and carbon footprint and to enhance grid security, Symphonics calculates and implements the Equipment’s scheduling to consume, store, or release the surplus electricity generated by the installation during off-peak hours or market indexing periods, following a signal from the Enedis or RTE grid, or based on prices in the electricity markets (SPOT, intraday markets, Balancing Mechanism, among others). The Customer may suspend the suggested programming of their Equipment, without this constituting a decision to terminate the contract, by pressing the button available on the control device or via the device’s control app. The Customer is informed that all or part of the services may be integrated into the tools made available by the manufacturer or the remote control service provider for the Equipment. The Customer expressly agrees that any changes relating to the Equipment (addition, removal, or modification), when such information is provided by the manufacturer or the remote control service provider, may be incorporated into the Contract without requiring an amendment, provided that such changes do not result in a substantial modification of the financial terms or the essential obligations of the Parties. Furthermore, the Customer acknowledges that the Service may be suspended or terminated in the event that the Equipment’s remote control service provider decides to suspend or terminate control of the Equipment or to prevent its operation. Symphonics shall not be held liable in this regard, except in the event of fault, breach of contract, or failure to perform its own obligations. The Customer agrees that Symphonics may carry out and monetize operations to shift the Equipment’s consumption throughout the term of the Contract, in accordance with the laws and regulations relating to distributed load response and the applicable market rules (NEBCO, intraday markets, in particular the Balancing Mechanism) available from the TSO (RTE – https://www.services-rte.com/). In this regard, the Customer expressly authorizes Symphonics to collect, process, and transmit the data strictly necessary for the implementation of this service (technical information, injection, consumption) or for audit and control purposes by the network operators (RTE, Enedis), in compliance with the GDPR. The Customer designates Symphonics as the sole beneficiary of the rights related to the monetization of flexibility in energy markets (NEBCO, intraday markets, Balancing Mechanism, among others) and irrevocably waives any rights in this regard for the duration of the Contract. The Customer agrees that any changes to the laws and regulations relating to Distributed Load Response and market rules shall automatically apply to this Agreement as of the date they take effect, without the need for an amendment. 

4.4. Collective Self-Consumption 

In the event that Symphonics has access to a Collective Self-Consumption scheme, as defined by Article L. 315-2 of the Energy Code, for the Customer’s installation, the Customer authorizes and instructs Symphonics to register its PDL within the Collective Self-Consumption loop without this affecting the provisions, and in particular the pricing terms, of the Contract. The Customer will then be notified in writing of their registration in the Collective Self-Consumption loop. 

4.5. Energy Consulting Services 

During the term of the Agreement, Symphonics will provide the Customer with information regarding the energy performance of its premises and/or Equipment. At the Customer’s request, additional consulting services may be offered as a paid option. 

ARTICLE 5: RELATIONSHIP WITH ENEDIS 

As an electricity distribution system operator (DSO), Enedis is responsible for ensuring the delivery of electricity while maintaining the quality and safety of the grid. It is also responsible for meter reading and, more generally, for electricity metering, including the supply, installation, metrological control, maintenance, and replacement of metering devices, as well as for data management and all tasks related to these activities. The Contract incorporates the essential terms governing the relationship between the Customer and Enedis, which are appended to these General Terms and Conditions. This is the document titled “Summary of General Provisions Regarding Access to and Use of the Public Distribution Network” by the DSO Enedis, available on the website:www.enedis.fr. These terms are derived from the GRD-A and GRD-F contracts entered into between Symphonics and Enedis to enable access to the network for all current and future Symphonics Customers. If the Customer maintains direct contractual relations with the DSO pursuant to this appendix, the Customer may still contact Symphonics for any request. Symphonics is the Customer’s primary point of contact for the performance of the contractual agreement. In the event of a conflict between the various documents, the provision most favorable to the Customer shall prevail. By accepting these Terms and Conditions, the Customer expressly authorizes Symphonics to retrieve from the DSO (Enedis) and the TSO (RTE) its technical metering data, their consumption history and consumption at 15-minute intervals, their production history and production at 15-minute intervals, to analyze their consumption and production, enhance statistics, and issue invoices in accordance with regulatory provisions regarding the confidentiality of information held by electricity DSO and TSO. 

ARTICLE 6: CONCLUSION, EFFECTIVE DATE, AND TERM OF THE CONTRACT 

6.1 Term of the Agreement 

The Agreement is entered into on the date it is signed by the Customer or on the date it is accepted by the Customer, in accordance with applicable legal provisions when the Agreement is entered into electronically. It is entered into subject to eligibility requirements and the registration of the PDL within the Symphonics Balancing Area or that of its subcontractor, for an indefinite term. 

6.2 Effective Date of the Agreement 

The Contract takes effect on the date specified in the Special Terms and Conditions of Sale or on the date Enedis commissions the installation, in accordance with the estimated timelines set forth in the Service Catalog. The effective date of the Contract and Symphonics’ management of access to the RPD on behalf of the Customer are contingent upon the actual, permanent, and direct connection of the Customer’s installation to the RPD and the installation’s compliance with applicable regulations and standards. 

ARTICLE 7:PRICE 

7.1 General Information on Prices 

The amounts owed by the Customer and due to the Customer in connection with the purchase of energy are set forth in the Special Terms and Conditions of Sale and are communicated to the Customer upon the conclusion of the Contract. 

7.2 Purchase Price of the Surplus 

The prices offered by Symphonics for the purchase of surplus electricity are not regulated. In addition to applicable taxes and mandatory fees, the prices depend on the amount of electricity fed into the grid at the Customer’s Delivery Point. The Special Terms and Conditions of Sale provided to the Customer specify the purchase price for surplus electricity, which is fixed for an initial period of one (1) year from the date of activation or official commissioning (date provided by Enedis) of the installation. At the end of the initial period, Symphonics reserves the right to revise prices, provided that it notifies the Customer at least one (1) month before the new rates take effect. The new prices will take effect on the first day of the month following the Customer’s receipt of the notice. The Customer may terminate the Contract without penalty within a maximum of three (3) months from receipt of the new pricing terms. 

7.3 Market Bonus 

In an effort to help theCustomer take advantageof opportunities in the energy market, the Customer will be eligible for a bonus on the purchase price of the surplus. In fact, at Symphonics’ discretion, if market prices permit, Symphonics will operate the Equipment to maximize the facility’s feed-in and will provide the Customer with a surplus price multiplied by six (6) during the relevant time period. The bonus hours will be indicated on the invoice issued on the Customer’s behalf. 

7.4 Taxes and Levies 

The prices set forth in the Contract shall be automatically increased or decreased by any taxes, duties, or levies of any kind in effect on the invoice date that are borne or owed by Symphonics in connection with the purchase of surplus energy, as well as access to and use of the RPD, in accordance with applicable regulations. The applicable rates and amounts due for such taxes, duties, or charges of any kind are indicated on the Customer’s invoice. Any changes and/or adjustments to these taxes, duties, charges, fees, transmission rates, or contributions of any kind, imposed by law or regulation, shall be immediately and fully applicable to the Contract by operation of law, without delay and without the need for Symphonics to notify the Customer in advance. Furthermore, the value-added tax (VAT) applicable to each transaction under the Contract shall be calculated in accordance with the provisions of the General Tax Code, at the rate in effect for the sale of electricity. For the purposes of applying VAT rules, the Customer shall declare to Symphonics its tax status, which is specified in the Special Terms and Conditions. The Customer agrees to notify Symphonics of any changes to its status and to ensure compliance with applicable laws in this area. 

7.5 Prices for services provided by Enedis 

The Customer may request Enedis’s services by submitting a request either to Enedis or directly to Symphonics. Enedis’s services and their prices are listed in the Service Catalog available on the website www.enedis.fr. This catalog forms an integral part of the Contract. Services are billed by Enedis to Symphonics and then re-billed to the Customer by Symphonics to the nearest euro, without any additional cost, in accordance with the terms of this catalog. 

7.6 Injection variation range 

The price was calculated based on a projected annual generation curve submitted prior to activation by the Customer or by a third party on behalf of the Customer. The purpose of this clause is to define the terms applicable in the event of a discrepancy between the actual electricity generation fed into the grid and the projected generation on which the Contract’s pricing is based. To maintain the economic balance of the Contract, Symphonics authorizes an upward or downward variation of 30% in the actual generation fed into the grid under the same pricing terms. If the Customer’s actual generation fed into the grid during the period remains within this range, no adjustment is applied. Beyond this range, the purchase price offered to the Customer for the current period will be automatically reduced by 30% to cover the rebalancing costs borne by Symphonics. The calculation of the range is established on the contract anniversary date based on information from the DSO used to generate the invoice. At each annual renewal, the curve of actual generated power injected will be considered the reference curve used to calculate the variation range for the following year. 

7.7 Annual Minimum Flat-Rate Charge 

The Parties acknowledge that this Agreement is based on an economic balance that depends on the annual volume of electricity actually fed into the RPD. In the event of a low volume of electricity fed into the grid, a minimum billing amount is intended to cover a portion of the fixed costs incurred by Symphonics, including, but not limited to, costs related to contract management, meter data processing, electricity valuation, regulatory compliance, and market access. Consequently, when the total volume of electricity fed into the RPD by the Customer’s Facility and actually taken into account under this Agreement, over a contractual period of twelve (12) consecutive months or, where applicable, over any pro-rated annual period in the event of the Agreement taking effect or being terminated during the contractual year, is strictly less than twenty megawatt-hours (20 MWh), the Customer expressly acknowledges and agrees that a minimum flat-rate billing charge of one hundred euros excluding tax (€100 excl. tax) shall be applied to them by Symphonics. This flat fee will be billed for the period in question, regardless of the feed-in tariff actually applicable to the electricity fed into the grid. By express agreement, no minimum billing fee will be charged if the total volume of electricity fed into the grid and valued under the Contract exceeds twenty megawatt-hours (20 MWh) over the period in question. When the total amount due to the Customer for the valuation of the electricity fed into the grid during the period in question is less than the aforementioned minimum flat-rate billing amount, Symphonics is authorized to: – either automatically offset, within the meaning of Article 1347 of the Civil Code, the amounts respectively owed by the Parties; – or, if applicable, issue a separate invoice to the Customer for the balance due under the minimum billing amount. 

ARTICLE 8: BILLING TERMS 

8.1 Billing Frequency 

At least once (1) a year, in the month of the subscription anniversary date, Symphonics issues an invoice on behalf of the Customer based on actual or projected surplus feed-in data provided by Enedis. Each invoice will clearly show, in accordance with the provisions set forth in its Price List: – the dates of the relevant period; – the number of kWh of surplus electricity generated and not consumed by the customer and the associated amount; – the amount of the subscription fee, options, and billable DSO services; – the amount of taxes applicable under current regulations (VAT). 

8.2. Invoice Adjustments 

If the meter is found to be defective, the amount of electricity fed into the grid by the Customer during the period of malfunction will be determined based on the Customer’s consumption history. Symphonics is required to collect all necessary information from the Customer in advance so that the billing reflects as closely as possible the amount of electricity the Customer actually fed into the grid. In the absence of consumption history, the amount of electricity fed into the grid is determined based on a standard profile with the same feeding characteristics as the Customer. Symphonics provides the Customer with all relevant information so that the Customer can assess the appropriateness of the selected profile. 

8.3 Sending Invoices 

By default, invoices will be sent to the Customer electronically. However, upon the Customer’s express prior request to Symphonics Customer Service, invoices may be sent by mail in paper format at no additional cost. 

8.4 Unavailability of the DPO 

Any downtime of the RPD, regardless of the cause, is governed by the contractual terms between the Customer and Enedis, and under no circumstances shall Symphonics be liable to compensate the Customer. 

ARTICLE 9: PAYMENT 

9.1 Payment Terms 

By subscribing to the Offer, the Customer agrees to receive the eligible amount via bank transfer. To this end, the Customer shall provide Symphonics with bank account information at the time of subscription or, at the latest, before the due date of the first invoice. The Customer shall notify Symphonics of any changes to their bank details and releases Symphonics from any liability related to the payment of amounts due in the event that they have not provided their bank details. 

9.2 Payment Terms 

Any amount due must be paid by the date indicated on the invoice sent to the Customer or, if no specific date is provided, within forty-five (45) calendar days from the invoice date. 

9.3 Failure to Pay 

In the event of failure to pay within the specified time limit, the amounts due shall automatically be subject to late payment penalties calculated at one and a half (1.5) times the applicable statutory interest rate applied to the total amount of the debt, including tax. These penalties shall be due and payable from the day following the invoice due date until the date of receipt of full payment. 

9.4 Suspension of Services 

The Parties remain liable for all amounts due under the Agreement, as well as for any options, services, or GRD services that the Customer may have subscribed to. In the event of a failure to pay, Symphonics reserves the right to suspend the Equipment optimization service. The Customer is hereby notified that amounts due for the purchase of electricity will not be paid until the Customer’s debt to Symphonics has been fully settled. 

ARTICLE 10: TERMINATION 

10.1 Termination by the Customer

 The Customer may terminate the Contract on each anniversary of its effective date, without having to provide a specific reason, subject to compliance with a minimum notice period of two (2) months. The Customer must notify Symphonics of the termination by registered letter with return receipt requested; the date of first presentation of said letter shall be deemed the effective date for calculating the notice period. Termination takes effect on the first day of the month following the termination date requested by the Customer, provided that such date is consistent with the provisions for the withdrawal of PDLs from the Balancing Area established by the distribution (Enedis) and transmission (RTE) system operators. Otherwise, termination will take effect on the first day of the following month (M+2). If no desired termination date is specified, termination will occur no later than two (2) months after notification of termination to Symphonics. 

10.2 Termination of the Agreement by Symphonics 

The Agreement may be terminated by Symphonics, without prejudice to any other remedies provided herein for such breaches, in the following cases: 

– if the Customer has intentionally provided fraudulent or invalid information, particularly regarding their identity or bank details; 

– in the event of a disruption caused by the Customer or the Customer’s generation facility that affects the operation or distribution of energy, including any request from the distribution system operator (Enedis) or the transmission system operator (RTE); 

– if the Customer refuses to grant Enedis and/or Symphonics access to the meter; – if, for any reason, the Customer loses the validity of the permits and authorizations required for the commissioning and operation of the photovoltaic generation facility; 

– if the Customer or the provider of the Equipment control service decides to suspend or prevent control of the Equipment for a period exceeding two (2) months; 

– in the event of termination of Symphonics’ GRD-F or GRD-A Contract; 

– in the event of a suspension of the Contract resulting from a force majeure event lasting for more than one (1) month from the date of its occurrence. 

Notice of termination shall be sent to the Customer by certified mail with return receipt requested, subject to a four (4)-week notice period, provided that the effective date of termination of the Contract shall be no earlier than the first day of the month following the end of the notice period. In any case, the Customer remains liable for amounts related to the performance of the contract up to the date of its termination, as well as for fees billed by the DSO. 

10.3 Consequences of Termination 

Termination of the Agreement results in the cessation of the purchase of surplus capacity and equipment optimization services as described in the Agreement, which the Customer expressly agrees to. The Customer shall receive a termination invoice within four (4) weeks of the effective date of the termination of the Agreement. The termination invoice shall be issued taking into account the pricing terms and the volume injected since the last annual billing date, as well as the injection variation range calculated by reference to the volume injected during the same period of the previous year. In the event of termination at the Customer’s initiative for a reason other than a breach by Symphonics, the Customer shall pay Symphonics compensatory damages corresponding to the economic loss (including market rebalancing costs) resulting from the termination. Accordingly, a reduction of 1/12 (one-twelfth) of the purchase price for the current year for each of the remaining months until the expiration date will be applied to the termination invoice. Symphonics shall not be held liable for the technical and financial consequences arising from the termination request made by the Customer, including financial losses related to the termination of the surplus purchase and the optimization service. The Customer must then find another provider for these services. The Customer also agrees that the management of the Equipment will no longer be operated by Symphonics and assumes full responsibility for its proper functioning. 

ARTICLE 11: LIABILITY 

In accordance with applicable regulations, Symphonics and Enedis each retain their own distinct responsibilities toward the Customer under the terms set forth below. 

11.1. Symphonics’ Liability to the Customer 

Symphonics is liable to the Client for any damages resulting from a proven breach of its specific obligations, the main ones being: 

– bill the Customer for an amount as close as possible to the actual amount of energy fed into the grid, within the limits of the data provided by the DSO; 

– ensure the protection of the Customer’s Personal Data in accordance with applicable laws and regulations (Article 14). In the event that Symphonics’ liability is established in connection with the performance of the Contract, such liability shall be limited to direct and certain property damage, to the exclusion of any indirect damage (including loss of revenue, financial, commercial, and non-pecuniary damages, loss of customers) and shall not exceed the total amount (including tax) invoiced by Symphonics for the PDL related to the damage, over the twelve (12) consecutive months preceding the event. Symphonics shall in no event be held liable in the event of: 

– a breach by the DSO of its obligations, including contractual obligations, toward the Customer, or malfunctions affecting the public distribution network; 

– damages incurred by the Customer due to a breach on the Customer’s part, such as improper, unlawful, or fraudulent use of the measuring and control devices or the Customer’s Indoor Installation; 

– in the event that the service provider responsible for controlling the Equipment decides to suspend or terminate control of the Equipment or to prevent its operation; 

– in the event of production losses due to an internal malfunction of the Customer’s or Enedis’s facility; 

– in the event of force majeure, under the conditions set forth in Article 13. 

11.2. Enedis’s Liability to the Customer 

Enedis is liable to the Customer for any damages resulting from defects in the quality or continuity (outages, power surges) of the electricity supply, under the conditions set forth in the “Summary of General Provisions Governing Access to and Use of the Public Distribution Network” (Appendix 1). The DSO is specifically liable to the Customer for the installation and modification of the connection, access to the meter and its reading as transmitted to Symphonics, troubleshooting, as well as the quality and continuity of the power supply. If the Customer so wishes, they may hold the DSO liable under the conditions set forth in Articles 6 and 7 of the summary of the DSO’s general provisions appended hereto. The Customer may seek compensation directly from the DSO for a breach of its obligations or may contact Symphonics to have Symphonics file a claim for compensation with Enedis. 

11.3 Customer Liability 

The Customer shall be liable to Symphonics for any damages resulting from a proven breach of its specific obligations, the main ones being: 

– Provide and keep up to date accurate information, including contact details (including banking information), financial status, and information regarding the ownership or operational status of its facility and equipment; –

 Take all necessary measures to ensure that the operation of the production facility does not interfere in any way with the operation of the networks. The Customer shall operate and maintain the production facility at its own expense and risk and under its sole responsibility. The Customer agrees to provide, at Symphonics’ request, any available information regarding the operation of the production facility, particularly during an incident analysis following an abnormal network behavior. 

– Notify Symphonics by mail or email of any changes to the installation specifications, suspension, or termination of access to the RPD, and more generally of any changes to the installation that could affect consumption patterns, the volume of surplus electricity, or the contract rate; 

– Notify the Client of the permanent shutdown of the facility no later than one month before the scheduled permanent shutdown, if the Client was able to foresee the permanent shutdown; 

– Use its best efforts to notify the successor on the PDL of the need to select a Balancing Manager for the surplus from Symphonics or another provider. The Customer agrees to comply with its obligations regarding its Indoor Installations as stipulated in the Enedis General Provisions appended to these General Terms and Conditions of Sale and to ensure that its Indoor Installations and the electrical equipment for production, storage, and consumption located at the PDL comply with applicable laws, regulations, and standards. The Customer remains solely responsible for the use and maintenance of its installation and Equipment, as well as for the compliance of its installation. The Customer is also solely responsible for any use that may be made of the optimization services and acknowledges that any controlled Equipment is and remains under their full responsibility, particularly in the event of damage resulting directly or indirectly from its connection to the services (e.g., risk of tripping). The Customer also acknowledges that the ability to provide Equipment optimization services depends on the availability and proper functioning of third-party services. Symphonics disclaims all liability for any issues related to the failure or unavailability of third-party services. In the event that the Customer’s liability is established in connection with the performance of the Contract, such liability shall be limited to direct and certain property damage, to the exclusion of any indirect damage (including loss of revenue, financial, commercial, and non-pecuniary losses, loss of customers), and shall not exceed the total amount (including tax) invoiced by Symphonics for the PDL affected by the damage, over the twelve (12) consecutive months preceding the event. 

ARTICLE 12. INSURANCE 

The Parties declare that they have taken out one or more insurance policies with one or more insurance companies of recognized solvency to cover them in connection with their respective professional activities. They undertake to take out, at their own expense, and to maintain in force throughout the term of the Contract, including any extension, all insurance necessary to cover all risks that may arise in connection with the performance of the Contract. 

ARTICLE 13. FORCE MAJEURE 

Neither Party shall be held liable for the non-performance, partial performance, or delay in the performance of any of its contractual obligations, provided that such non-performance results from a force majeure event. A force majeure event is defined as any event that meets the cumulative conditions of external cause, unforeseeability, and irresistibility, as defined in Article 1218 of the Civil Code. The Party prevented from performing its obligations must notify the other Party as soon as possible of the occurrence of such an event, and all reasonable efforts must be made to mitigate its effects. 

ARTICLE 14: PERSONAL DATA 

The Customer provides Symphonics with their Personal Data upon signing up and must keep it up to date throughout the term of the Agreement. Under the Contract, Symphonics collects and processes the Personal Data provided by the Customer upon subscription and throughout the term of the Contract, acting as the Data Controller (“DC”), for the purposes of providing the Services and managing the Equipment. The processing of Personal Data is carried out in accordance with relevant European and French legislation, specifically the GDPR and Law No. 78-17, known as the “Data Protection Act.” To learn more about the processing of their Personal Data, the Customer may consult Symphonics’ privacy policy, available on the website at www.symphonics.fr/dataprivacy. The Customer agrees to review it. Symphonics uses your Personal Data in accordance with the terms detailed in the aforementioned privacy policy. The Customer is informed that Enedis and RTE may also process Personal Data concerning them, in their capacity as separate data controllers. For more information, the Customer may consult Enedis’ General Terms and Conditions, included in Appendix 1 of these General Terms and Conditions of Sale. In accordance with applicable regulations, you have the right to access, rectify, object to, erase, and transfer your Personal Data, as well as the right to restrict processing, which you may exercise directly by sending your request to datasubjectrequest@symphonics.fr. For any other questions, you may contact our Data Protection Officer by email at dpo@symphonics.fr. In the event of a breach, you also have the right to file a complaint with the competent supervisory authority, namely, in France, the Commission Nationale de l’Informatique et des Libertés (CNIL) by mail at the following address: 3 Place de Fontenoy, 75007 Paris, France. 

ARTICLE 15: CHANGES TO THE TERMS AND CONDITIONS 

In the event of changes to the contractual terms and conditions, including these General Terms and Conditions of Sale, Symphonics shall notify the Customer of such changes at least one (1) month prior to their effective date by mail or email, depending on the method chosen by the Customer. If the Customer does not accept the contractual changes, they may terminate their Contract without penalty within a maximum of three (3) months from receipt of the notice of changes. These provisions do not apply in the event of contractual changes imposed by a new legislative or regulatory provision. 

ARTICLE 16: ASSIGNMENT 

Symphonics may assign all or part of the rights and obligations arising from the Agreement to (i) a company that controls it within the meaning of Article L. 233-3 of the Commercial Code, (ii) any of its subsidiaries, as defined by the provisions of Article L. 233-1 of the French Commercial Code, (iii) a company over which it exercises control within the meaning of the provisions of Article L. 233-3 of the French Commercial Code, (iv) any third party, provided that the terms and conditions set forth in these General Terms and Conditions are maintained. The Customer may not assign the Contract to a third party without Symphonics’ written consent. 

ARTICLE 17: CONTACT 

For any questions or complaints, the Customer may contact Symphonics by: – sending an email to: monenergie@symphonics.fr – sending a letter to: Symphonics, 18 bis rue Molitor 75016 Paris If the complaint concerns access to or use of the RPD or services provided by Enedis, the Customer may also contact ENEDIS directly (www.enedis.fr/aide_contact). 

ARTICLE 18: GOVERNING LAW 

This Agreement is governed by French law with respect to its validity, interpretation, and performance. 

APPENDIX: See document