Partner Portal Terms and Conditions

1. Scope

These Terms and Conditions (the “Partner Terms”) govern the use of the Partner Portal (portal.nrg-solutions.ch) between NRG Solutions AG, Platz 4, 6039 Root D4, Switzerland (“NRG”) and accredited partners.

These Partner Terms supplement any separate written partner or commission agreement between NRG and the partner. In the event of a conflict, the individually signed agreement prevails over these Partner Terms.

These Partner Terms do not apply to the BESS sales relationship between NRG and end customers; this is governed by the separate terms at nrg-solutions.ch/en/terms.

2. Definitions

• Partner: An accredited natural or legal person who refers BESS project enquiries to NRG within the scope of their own business activity.
• Portal: The web application accessible at portal.nrg-solutions.ch operated by NRG.
• End customer: A natural or legal person whose energy project is referred to NRG by the partner.
• Lead: A data record concerning a specific BESS project of an end customer recorded in the portal.
• Accreditation: The unilateral activation of a partner account by NRG.

3. Accreditation and Account Setup

Accreditation can be requested via the application form at portal.nrg-solutions.ch/partner-werden. NRG reviews each application individually and decides on activation manually. There is no entitlement to accreditation. NRG may reject an application without giving reasons.

By submitting the application, the partner confirms having read and accepted these Partner Terms and the NRG Privacy Policy. Acceptance is logged with a timestamp, version number, and IP address.

For the purpose of review, NRG may request information on the partner’s business activity, references, and industry experience.

4. Partner Obligations

The partner undertakes:

1. to provide truthful and complete information when applying and recording leads;
2. to collect and process personal data of end customers exclusively in a lawful manner pursuant to the revised Swiss Federal Act on Data Protection (revFADP);
3. before each transmission of end customer data to NRG, to transparently inform the end customer concerned that their data is being forwarded to NRG Solutions AG for review and offer preparation, and to refer to NRG’s privacy policy (nrg-solutions.ch/en/privacy);
4. to obtain any required consents from the end customer, in particular if (exceptionally) sensitive personal data within the meaning of Art. 5 lit. c revFADP is to be transmitted;
5. not to transmit personal data without a factual connection to a specific BESS project interest;
6. to keep login credentials and access rights to the portal confidential and not pass them on to third parties;
7. to report any suspicion of a data security breach (e.g. unauthorised access, lost devices, compromised credentials) within 24 hours to contact@nrg-solutions.ch;
8. to comply with applicable legal requirements, in particular in the areas of data protection, fair competition, and anti-money laundering.

5. Data Processing and Roles

The partner and NRG are each independent data controllers within the meaning of Art. 5 lit. j revFADP with respect to the personal data processed in the portal. There is no processing on behalf of a controller within the meaning of Art. 9 revFADP.

The partner is responsible for the lawfulness of data collection from the end customer and of transmission to NRG. NRG is responsible for processing the transmitted data from the time of transmission in accordance with its own privacy policy.

If one party receives an access, rectification, or erasure request from an end customer, the parties shall reasonably support each other in responding.

6. NRG’s Rights

NRG is entitled to process transmitted lead data for the following purposes:

• assessing the technical and economic feasibility of a BESS project;
• preparing offers and handling contracts with the end customer;
• managing the business relationship with the partner, including processing any commission claims;
• internal evaluation and quality assurance in aggregated form;
• complying with statutory retention and reporting obligations.

NRG may pass on the data to processors for the technical provision of the portal, in particular to Supabase Inc. (database hosting in Switzerland, region eu-central-2 Zurich) and Vercel Inc. (application hosting). Corresponding data processing agreements are in place with these processors.

7. Commissions

Any commission claims of the partner are governed by a separate written agreement. These Partner Terms alone do not establish any entitlement to commission or other remuneration.

The mere recording of a lead in the portal does not constitute a commission commitment.

8. Confidentiality

All content accessible in the portal is confidential. This includes in particular end customer data, project information, energy data, internal notes, status history, feedback from NRG, and technical and commercial figures.

The partner may only use this information within the scope of the referral activity for NRG. Disclosure to third parties, use for own competing purposes, or transmission to other providers is prohibited.

The confidentiality obligation survives the contractual relationship by five years.

9. Account Suspension and Termination

NRG may suspend or delete the partner account in the event of a breach of these Partner Terms, misuse, suspicion of unlawful data collection, or inactivity for more than twelve months. In the case of serious breaches, suspension takes place without prior notice.

The partner may terminate their account at any time by email to contact@nrg-solutions.ch.

Upon termination of the partner relationship, the lead data recorded in the portal remains with NRG for the further handling of contracts with the end customer and to fulfil statutory retention obligations. Commission claims from projects already referred and concluded remain in effect in accordance with the separate commission agreement.

10. Liability

The partner is liable to NRG for any damages arising from a breach of these Partner Terms, in particular for the unlawful collection or transmission of end customer data, for false or misleading statements, and for misuse of their account.

NRG is only liable to the partner for damages caused by NRG intentionally or through gross negligence. Liability for indirect damages, consequential damages, and lost profit is excluded to the extent legally permitted.

NRG is not liable for the availability, functionality, or absence of errors of the portal. Planned maintenance windows and temporary interruptions do not give rise to any claim for damages.

11. Changes to the Partner Terms

NRG may amend these Partner Terms at any time. In the case of material changes, the partner will be informed at the next login to the portal and must expressly agree to the new Partner Terms before continuing to use the portal.

For non-material adjustments (e.g. editorial clarifications), publication of the updated version at this address is sufficient.

12. Applicable Law and Jurisdiction

These Partner Terms and the entire legal relationship between the partner and NRG are governed exclusively by Swiss law, excluding the UN Sales Convention (CISG) and conflict-of-laws rules.

The exclusive place of jurisdiction for all disputes is the registered seat of NRG (currently Root D4, Canton of Lucerne). Mandatory statutory jurisdictions remain reserved.

Should individual provisions of these Partner Terms be invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid arrangement that comes as close as possible to the economic purpose of the original provision.

Contact