Terms & Conditions

These General Terms and Conditions (GTC) govern the mutual rights and obligations between enshift AG and its affiliated companies and subsidiaries (hereinafter referred to as enshift) and the customer (hereinafter referred to as the Customer). They form an integral part of any agreement concluded between the Customer and enshift concerning (i) the provision of services, in particular in the areas of planning, operation and optimisation of energy projects, (ii) the supply of electricity and/or heat, and/or (iii) the use of software, and shall apply even without specific reference.

Any terms or conditions of the Customer that conflict with or deviate from these GTC shall be deemed waived unless expressly declared applicable. In the event of a conflict between the GTC and the provisions of the Agreement, the Agreement shall prevail over these GTC.

Customers within the meaning of these GTC are (i) producers, battery storage operators and property owners, (ii) end consumers (owners, condominium owners, building right holders, tenants or lessees), and (iii) users of software services.

enshift shall provide the services agreed in the Agreement, in particular the supply of energy, to the Customer. enshift is entitled to engage third parties for the provision of the agreed services.

enshift has the right to restrict or entirely suspend service provision in the event of (i) force majeure, such as terrorism, war or war-like conditions, civil unrest, strikes and sabotage, cyberattacks on enshift; (ii) interruption of supply, in particular where energy delivery is prevented or excessively impeded by circumstances attributable to the Customer or Swissgrid, or where required grid connections are not operational; (iii) supply bottlenecks (in particular where markets fail to clear or trading is suspended); (iv) measures that prove necessary in the event of energy scarcity in the interest of maintaining general supply, or measures ordered by authorities or Swissgrid; (v) where the Customer breaches material provisions of the Agreement, in particular where the Customer fails to meet payment obligations despite a reminder with threat of interruption; and (vi) to avert immediate dangers to the safety of persons and property.

During such interruptions/restrictions, the delivery obligation of enshift shall be suspended. The Customer shall have no claim for damages or lost profits arising from such interruptions/restrictions. Costs incurred by enshift as a result of an interruption or restriction for which the Customer is responsible may be charged to the Customer, unless otherwise agreed. The restriction or suspension of energy delivery by enshift shall not release the Customer from the obligation to pay for energy already consumed, invoices already issued, or from the fulfilment of other obligations towards enshift. No claim for compensation of any kind shall arise against the Customer from the lawful suspension of energy delivery by enshift.

The data from the metering devices shall be authoritative for determining the extent of energy consumed by the Customer. enshift shall invoice the electrical energy either directly to the Customer or settle it through the local grid operator.

In a self-consumption community (SEC), producers and consumers join together to collectively use locally produced electricity. As SEC operator, enshift assumes responsibility for the overall energy supply to SEC participants. The existing metering infrastructure is replaced by enshift with smart meters. Exception: In the practice model, billing continues to be handled by the existing grid operator.

In a virtual self-consumption community (vSEC), enshift likewise assumes responsibility for the overall energy supply to vSEC participants. For this purpose, the existing metering infrastructure of the grid operator is used. Exception: In the practice model, billing continues to be handled by the existing grid operator.

In a local electricity community (LEC), consumers and producers within a municipality may join together using the local distribution grid and existing metering infrastructure. As LEC operator, enshift invoices the consumed solar energy directly to the participants, while grid supply continues to be invoiced by the local grid operator or energy supplier.

Under a power purchase agreement (PPA), enshift invoices energy directly to a consumer. This may take the form of full supply or be limited to the delivery of solar energy. Grid costs are generally invoiced by the local grid operator; energy outside of full supply is invoiced by the existing energy supplier.

Storage with end consumption follows Sections 6.1 to 6.4, depending on its use. The settlement of stored and subsequently discharged energy is carried out in accordance with the respective underlying model.

Under a heat supply agreement, enshift invoices heat directly to one or more consumers.

As SEC operator, enshift invoices the consumed solar electricity at either the actual costs incurred or a maximum of 80% of the total electricity procurement costs at the prices of the standard product of the local grid operator. Grid supply is passed on at local rates without surcharge.

Invoiced analogously to the SEC.

As LEC operator, enshift invoices locally consumed solar electricity at the agreed price, plus a billing fee of CHF 4.80 per participant per month. The LEC participant benefits from a discount on the local grid tariff at the current rate (current status: 20% on different grid levels, 40% on the same grid level).

The contractually agreed purchase price for the consumed electricity quantity shall apply.

Storage with end consumption follows Sections 7.1.1 to 7.1.5, depending on its use.

The contractually agreed purchase price for the consumed heat shall apply.

Invoices are to be paid within the payment period stated on the invoice, generally within 30 days net. Invoices are generally issued quarterly for the preceding quarter. In the event of non-payment within the deadline, the Customer shall automatically be in default. enshift charges a fee of CHF 5.00 per invoice for the issuance of a paper invoice.

In the event of non-payment within the deadline, reminders will be issued with the following deadlines and fees:

From the 2nd reminder onwards, the statutory default interest of 5% per annum shall be levied on the outstanding amount. All further costs in connection with the collection of outstanding receivables, including collection fees, shall be borne by the Customer.

enshift reserves the right to assign due payments to a collection agency and/or to engage such agency with the enforcement of payment.

In the event of late payment by the Customer, following written notice, enshift is entitled to temporarily suspend all services under existing agreements without any obligation to compensate, or to withdraw from the Agreement after setting a reasonable additional deadline.

enshift reserves the right to issue partial invoices in line with the anticipated energy consumption. enshift is also entitled to demand security for past and/or future deliveries (advance payments, deposits, etc.) or to install prepayment meters where there is repeated late payment and legitimate doubts as to the Customer’s ability to pay. Prepayment meters may be set so that a reasonable portion remains for the settlement of outstanding claims from energy deliveries by enshift. The costs of installing and removing prepayment meters and any additional expenses in this connection shall be borne by the Customer.

In the event of complaints regarding energy metering, the Customer is not entitled to withhold payment of invoice amounts or advance payments. During the resolution of disputes, payment of undisputed invoice amounts may not be suspended.

All taxes and levies shall be borne by the Customer. The amounts due shall be shown separately and invoiced additionally at the applicable rate.

The remuneration and other costs listed are exclusive of statutory value added tax.

Customers may only terminate their participation in the SEC if (i) they are entitled to grid access (Art. 17 para. 3 Energy Act [EnG]) and wish to exercise this right; or (ii) the SEC representative is unable to ensure adequate electricity supply or fails to comply with the requirements under Art. 16a and 16b EnG.

The same rules apply as for the SEC.

Customers may terminate their participation in an LEC by observing a notice period of three months, effective at the end of a calendar year.

The contractually agreed termination rights shall apply.

The contractually agreed termination rights shall apply.

The contractually agreed termination rights shall apply.

Either party may terminate the Agreement at any time with immediate effect in writing if circumstances exist that make the continuation of the Agreement until the end of the fixed or extended term unreasonable for the terminating party, in particular upon the occurrence of any of the following events:

The liability of enshift is excluded or limited to the extent permitted by law. In particular, there shall be no entitlement to compensation for direct, indirect, consequential or incidental damages, unless intentional or grossly negligent conduct is involved.

enshift processes personal data of the Customer and, where applicable, of its employees (hereinafter Personal Data) to the extent necessary for the conclusion, performance and execution of the Agreement. This includes in particular the provision and billing of energy supply, collections, customer support, technical administration, and the fulfilment of legal or regulatory obligations. The personal data processed includes in particular identification, contact, consumption, billing and contract data.

enshift may disclose Personal Data within the enshift Group to the extent corresponding to the purpose of the Agreement and have it processed there, insofar as this is necessary for the performance of the Agreement, the technical and commercial execution of the energy supply, or for legitimate business interests.

Personal Data may also be disclosed to third parties (e.g. grid operators or IT and billing service providers) for the recording, balancing and billing of energy supply, insofar as this is necessary for proper execution.

enshift takes appropriate technical and organisational measures to protect Personal Data against unauthorised access, loss, misuse or manipulation. Data shall be retained only for as long as is necessary for the purposes stated in these GTC, a legitimate interest in storage exists, or statutory retention obligations so require.

By concluding the Agreement, the Customer expressly consents to enshift and the companies of the enshift Group processing their Personal Data for marketing, information and communication purposes, in particular for sending offers, newsletters and information by post or electronic communication, and for telephone contact. The Customer may revoke this consent at any time without affecting the performance of the Agreement by sending a notification (e.g. to hello@enshift.com).

Further information on data protection can be found in the current privacy policy at https://www.enshift.com/de/datenschutzbestimmungen/.

enshift is entitled to amend or supplement the GTC in whole or in part at any time. Customers shall be informed accordingly in an appropriate manner. Future amendments or supplements to these GTC shall be deemed approved if the Customer does not object in writing within 30 days of notification.

The transfer of rights and obligations under this Agreement by either party to a third party requires the prior written consent of the other party. enshift is entitled to transfer the Agreement to an affiliated company without the Customer’s consent. enshift is furthermore entitled, without the Customer’s prior consent, to assign, transfer or otherwise dispose of its present and future claims under the Agreement for financing purposes.

Should any provision of this Agreement subsequently prove invalid for any legal reason, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the regulation that most closely reflects the meaning and purpose of the invalid provision and of the Agreement as a whole, taking into account good faith, commercial practice and the customs and usages prevailing in comparable business dealings, shall be deemed intended and declared.

Should extraordinary circumstances that could not have been foreseen by the parties at the time of signing the Agreement excessively impede the performance of the Agreement, and performance can no longer reasonably be expected, the parties shall replace the relevant provisions in good faith with provisions that come as close as possible to the original intentions of the contracting parties and the intended purpose of the Agreement. Extraordinary circumstances include in particular unforeseeable changes to the legal and regulatory framework, as well as official measures, environmental regulations and/or measures of the grid operator.

Swiss law shall apply. The place of jurisdiction for all disputes arising from this Agreement shall be Baar.

These GTC shall enter into force on 16 March 2026.