SUPPLY TERMS AND CONDITIONS
Version 6.1 effective from 30/05/2023
Version 6.1 effective from 30/05/2023
1.1 These Terms and Conditions apply if:
a. You have agreed a Written contract with Us for a supply of electricity to the Property; or
b. a Deemed Contract is created between You and Us in respect of the Property.
1.2 The defined terms (those words or phrases which begin with capital
letters) are explained in Clause 34 (Glossary) at the end of this Terms and Conditions document.
1.3 By accepting the Contract (whether this was agreed between You and Us directly or by Your Agent and Us), You confirm Your agreement to and understanding of the fact that the Contract is legally binding, and that both You and We must keep to our respective obligations under it. We may, at Our discretion, take legal action against You if You do not do this.
1.4 The Contract is made up of:
a. this Terms and Conditions document, the Contract Note which refers to these Terms and Conditions, and any Product Schedule referred to in the Contract Note; or
b. where a Deemed Contract applies, these Terms and Conditions alone, as further described in Clause 17 (Deemed Contracts).
1.5 Please note that Clause 24 (Arrangements with Electricity Network Operator) also creates a legally binding agreement between You and the Electricity Network Operator.
2.1 You confirm that:
a. You have the authority to agree a contract with Us for the supply of electricity to each and every Property (and, where relevant, that Your Agent has this authority); and
b. You are the owner or occupier of each and every Property; and
c. none of the Properties will be used wholly or mainly for domestic purposes; and
d. You will give Us suitable information to allow Us to make a judgement as to the level of Your creditworthiness, and You consent to Us checking Your credit score; and
e. You will give Us (i) all historic electricity supply data as reasonably requested by Us ; and (ii) Your best estimate of how much electricity You are likely to use at each Property, and You confirm that you agree with and accept the Forecast
2.2 You will give Us an opening Meter reading for each Meter at each and every Property on the Supply Start Date (unless the Meter is a Half-Hourly Meter or a Smart Meter). If You do not provide an opening Meter reading or if We do not reasonably consider the opening Meter reading that You have provided is correct, then We may rely on any opening Meter reading provided by the Meter Agent or use an estimate calculated in accordance with any relevant Industry Rules.
2.3 You agree to Your previous electricity supplier giving Us the relevant details to assist Us with Registering all the Properties.
2.4 We will not be obliged to supply a Property if one or more of the following applies:
a. We are prevented from supplying a Property with electricity due to any circumstances beyond Our reasonable control; or
b. We cannot confirm the address of the Property and the MPANs of each Meter Point at the Property; or
c. We cannot obtain permission to use the Electricity Network for the Property, or We cannot obtain any other permission We need from any other relevant organisations; or
d. We are not satisfied, after carrying out the appropriate credit checks, with Your creditworthiness for the Charges which will become due in relation to the Property; or
e. We cannot support the configuration or type of Meters at the Property through Our existing systems; or
f. We are not satisfied that You have given Us the information listed in Clause 2.1; or
g. one or more of You or Your Linked Companies or Your or their owners or directors are the target of any sanctions administered or enforced by the US Department of Treasury`s Office of Foreign Assets Control, the United Nations Security Council, the European Union, Her Majesty`s Treasury, the Norwegian Ministry of Foreign Affairs or other relevant sanctions authority, or are located, organized or resident in a country or territory that is, or whose government is, the subject of sanctions by a relevant sanctions authority; or
h. We have not become Registered as Your electricity supplier at each and every Meter Point at the Property.
2.5 Where one or more of the events listed in Clause 2.4 occurs in respect of one or more Properties, then We have the option to terminate the Contract as described in Clause 10 (Contract Termination).
2.6 Where You are the occupier but not the owner of a Property, You must provide Us with contact details for Your landlord and ensure that this information is kept up to date.
3.1 The Contract will start when We accept, in Writing, Your offer to enter into the Contract (or, in the case of Deemed Contracts, on the date determined in accordance with Clause 17 (Deemed Contracts)).
3.2 The Contract will then continue to apply until the last Contract End Date for all the Properties. The Contract End Date for a Property will occur:
a. in accordance with Clause 10 (Contract Termination); or
b. in the case of Deemed Contracts, as described in Clause 17 (Deemed Contracts); or
c. when You and We agree a new contract for the supply of electricity to the Meter Points at the Property; or
d. when all the Meter Points at the Property have been physically disconnected by the Electricity Network Operator.
3.3 You will remain liable for the Charges in respect of each Property until the Contract End Date for that Property. Where the Contract continues beyond the end of a Fixed Price Period, You will be charged at Our Out of Contract Rate. This will continue until the Contract End Date for the Property.
4.1 If none of the relevant circumstances described in Our Supply Licence apply, We will become Registered as Your electricity supplier for each and every Property within 21 calendar days after the Agreement Date (or, if later, on the Requested Supply Start Date).
4.2 You confirm that You are not bound by any contract or arrangement which prevents You from agreeing the Contract or which might prevent or delay Us from becoming Registered as Your electricity supplier with effect from the Requested Supply Start Date. This includes any outstanding debt owed to or disputes with Your previous electricity supplier.
4.3 You agree that You will do all that You reasonably can to help us to become Registered as Your electricity supplier at each and every Property. This includes, if We ask You to, contacting Your current electricity supplier at the Property to arrange for them to withdraw any objection to the transfer to Us.
4.4 Where We have made all reasonable efforts to become Registered as Your electricity supplier at a Property, but We are unable to do so by the Requested Supply Start Date due to circumstances beyond our reasonable control then:
a. if the Supply Start Date for all Meter Points at a Property has not occurred within 30 days of the Requested Supply Start Date this Contract shall automatically be terminated in respect of that Property and You agree to pay us the Cancellation Fee; and
b. provided the Supply Start Date at that Property occurs less than 30 days after the Requested Supply Start Date then You agree to pay Us the Late Registration Fee.
4.5 We will not be liable to You for any loss that You suffer due to any failure or delay in Us becoming Registered as Your electricity supplier at any or all of the Properties unless We alone are responsible for that failure or delay and this was not due to circumstances beyond Our reasonable control. Where We are liable under this Clause 4.5, Our liability to You will be the positive difference (if any) between:
a. the charges You are liable to pay for the supply of electricity to the relevant Meter Points at a Property or Properties during the period from the Requested Supply Start Date until the date that we become Registered; and
b. the Charges You would have paid to Us under the Contract in respect of that period if We had become Registered; or
4.6 Once we have become Registered for a Property, We will supply electricity to that Property in accordance with the Contract until the Contract End Date.
5.1 You must not agree, extend or renew any contract which relates to any or all of the Meter Points at the Properties and which provides for the supply of electricity during any Fixed Price Period.
5.2 Once We have become Registered as Your electricity supplier at a Property, We may object to and prevent a new supplier taking over responsibility for the supply of electricity to the Meter Points at that Property if one or more of the following applies:
a. the change of supplier is to have effect before the date on which the Contract is due to terminate in accordance with a termination notice validly given in accordance with Clause 10 (Contract Termination); or
b. You have not paid all of Charges that are due or owing to Us under the Contract (even if the Contract has been terminated); or
c. the new electricity supplier agrees with Us that the application for a change of supplier was made in error; or
d. the application for a change of supplier for a Property does not include all of the Related Meters that need to be transferred together.
5.3 If You want to change electricity supplier for one or more of the Properties and We have no grounds for objection under Clause 5.2, We will take reasonable steps to assist You with the change of supplier process.
6.1 You will take all reasonable steps to maintain the connection of each and every Property to the relevant Electricity Network throughout the duration of the Contract.
6.2 You confirm that the information given by You (or Your Agent) to Us when We calculated Our quotation for supplying electricity to each Property was accurate and that there is no information which You have not given Us which could reasonably be expected to affect Our quotation.
6.3 We reserve the right to change the Charges if it becomes apparent that the information given to Us by You (or Your Agent) in respect of one or more of the following was not accurate or changes:
a. details of the Meters and MPANs at each Property; or
b. the levels of historic electricity supply to each Property; or
c. the levels of likely future electricity supply to each Property; or
d. the Profile Class of each Property; or
e. the Capacity Charges and maximum import capacity for each Meter Point at a Property.
6.4 If You (or Your Agent or Your previous electricity supplier) give Us incorrect information in relation to any of the information listed in Clause 6.3, We will not be liable to You for any costs or losses You incur as a result.
6.5 You must give Us details of any electricity generation or storage equipment installed at any or all of the Properties, and of any Demand-Side Management contracts applicable to any or all of the Properties. You shall ensure that no Demand-Side Management is undertaken at any or all of the Properties without Our consent in Writing. We reserve the right to change the Charges in the event of changes to the electricity generation or storage equipment of which we have been informed, or where Demand-Side Management is undertaken without Our consent.
6.6 We will carry out Our obligations under the Contract with reasonable skill and care.
6.7 You must inform Us of any Material Shutdowns at any or all of the Properties.
6.8 If the amount of electricity supplied under the Contract during a month or annually exceeds the amount set out in the Forecast in respect of that period by more than the Material Amount, then We may charge You an Excess Consumption Charge. The Excess Consumption Charge will apply to the entirety of the over supply, including the Material Amount, and will cover the commodity cost and the cost of the associated Renewable Guarantees of Origin.
6.9 If the amount of electricity supplied under the Contract during a month or annually is less than the amount set out in the Forecast in respect of that period by more than the Material Amount, then We may charge You an Under Consumption Charge. The Under Consumption Charge will apply to the entirety of the under supply, including the Material Amount, and will cover the commodity cost and the cost of the Renewable Guarantees of Origin.
8.1 We will calculate the Charges in accordance with the Contract Note and any Product Schedule. We will send You a bill for the Charges (whether estimated or actual) payable to Us under the Contract from time to time. Unless different payment terms have been agreed in the Contract Note, You must pay each bill within 14 calendar days of the date of the bill.
8.2 You must pay all bills in full in pounds sterling (£) by the payment method agreed with Us in Writing. You may, at Our discretion, be liable to pay an additional administration Charge to cover Our reasonable associated costs if You do not pay by Direct Debit.
8.3 Where You have agreed to pay by Direct Debit, We will collect the money due under each bill via Direct Debit on the due date, and You must ensure that there are sufficient funds in Your bank account to cover the payment. If You cancel Your Direct Debit arrangement with Us before the Contract End Date, We may, at Our discretion, consider You to have breached the Contract.
8.4 Where You have agreed to pay by Direct Debit but then do not pay by this method We may, at Our discretion, add a Charge to Your bill to cover Our reasonable costs in processing Your payment.
8.5 If You ask Us to give You paper copies of any bills or statements of account We may, at Our discretion, add a Charge to Your bill to cover Our reasonable costs in giving You these.
8.6 If either You or We do not pay any amounts due under the Contract by the due date, then the party to which payment is due can charge interest on those amounts outstanding from the date they become overdue for payment. Interest will accrue and compound daily at an annual rate equal to 8 percentage points above the Bank of England base rate on that day until either You or We (as applicable) pay the full overdue amount.
8.7 Where You dispute any amount payable under the Contract, You must pay the undisputed amount. Any further amount agreed or determined to be payable by You will be subject to interest from the original date for payment as described in Clause 8.6.
8.8 If You or We have given notice to terminate the Contract in accordance with Clause 10 (Contract Termination), then We will:
a. bill You for all Charges that We reasonably determine You will owe Us up to and including the Contract End Date; and
b. review Your account once You have completed the transfer to the new electricity supplier and bill or credit Your account to reflect any difference between Our estimate and the actual Charges. We will reimburse You for any credit on request (unless We have used it to offset other money You owe to Us).
8.9 If We do not have all the information We need to accurately calculate the Charges at the time that We produce a bill, then We may send You bills based on estimated information. This may include estimates of electricity that has been supplied to a Property in a period, or estimates of Charges under the Industry Rules. We may base Our estimates of the amount of electricity supplied on Your past Meter readings or standard industry estimates.
8.10 If an estimated bill is not accurate, We will use reasonable efforts to make any appropriate adjustments in the first bill We send You after We have taken an actual Meter reading or We have otherwise been able to accurately calculate the correct Charges.
8.11 You will remain liable after the Contract End Date to pay the Charges
that relate to the period up to the Contract End Date to the extent not previously paid (whether billed before or after the Contract End Date).
8.12 Unless We have agreed in Writing, the prices We give You do not include VAT, the Climate Change Levy or any other tax, impost, fee, levy or duty that is imposed on You or Us by Law or under the Industry Rules. If these apply, We will add them to Your bill and they will form part of the Charges due from You to Us.
8.13 If You are eligible to pay a reduced rate of (or are exempt from) any tax, impost, fee, levy or duty that is imposed on You or Us by Law or under the Industry Rules, You must provide Us with the relevant tax certificate or other evidence of such eligibility. It is Your responsibility to ensure the accuracy of this certificate or evidence, and that We receive this certificate or evidence in time to process and apply the reduced rate or exemption. We will only apply the reduced or zero rate once We have received this certificate or other evidence and have had a reasonable time to process them.
8.14 If We receive a payment from Your Electricity Network Operator relating to any loss suffered by You, We will pay You that amount as a credit to Your next bill.
8.15 We may use any money We owe to You to offset the amount of any money You owe to Us under the Contract or any other agreement between You and Us.
9.1 In respect of a Fixed Price Period, We will calculate the Charges in accordance with the Contract Note and any Product Schedule. We will only vary these Charges (or charge You additional Charges) where another provision of the Contract allows Us to do so.
9.2 After the end of a Fixed Price Period, We will charge You at the Out of Contract Rate, together with any other Charges expressly allowed for by another provision of the Contract. After the end of a Fixed Price Period, We may also change the Charges that are to apply by giving You at least 30 calendar days’ prior Written notice of such a change.
9.3 We may, at Our discretion, ask You to give Us Security Cover. If We do this, We will explain the procedure for giving Us Security Cover when We contact You to ask for this.
9.4 We may ask You for Security Cover before the Contract is agreed. We may also ask You for Security Cover at any time during the duration of the Contract if We have concerns about Your ability to pay the Charges (including if You miss payments to Us when they are due or Your credit rating score decreases). Where We have concerns about Your ability to pay the Charges, We may also ask You to increase or replace any Security Cover by an amount or in a form which is acceptable to Us. We may also accelerate the collection process to recover any outstanding Charges from you, which may include Us asking one of Our third party debt recovery agencies to contact You to recover such Charges.
9.5 You must give Us Security Cover in the form We ask for. If You pay Us a cash deposit, then legal and beneficial title in the cash will vest in us (and no charge or other security arrangements will be created), but we will pay you an equal amount following the Contract End Date (if You ask Us in Writing to do so, and after We have deducted from it any outstanding amounts that You owe to Us).
9.6 If You do not provide Security Cover to Us when We ask You to do so in accordance with this Clause 9 within 10 Working Days of Our asking You, then We will be entitled to terminate the Contract under Clause 10 (Contract Termination).
9.7 If You fail to pay some or all of the Charges when they are due to be paid or We have concerns about Your ability to pay future Charges, then as well as (or instead of) asking You to give Us Security Cover (or more Security Cover), We may make the following changes to Your payment arrangements with Us by:
a. billing You more frequently; or
b. requiring You to pay in advance of the supply or by fitting Your Property with a prepayment Meter; or
c. asking You to pay all future bills by Direct Debit in the case that You do not already do so; or
d. changing Your fixed Direct Debit payment to a variable Direct Debit payment; or
e. increasing the amount of Your fixed Direct Debit payment to ensure that You repay any money You owe to Us within a reasonable time period.
9.8 We will Write to You to confirm any changes to Your payment arrangements that We make under this Clause 9. Any changes We make under this Clause 9 will become effective as soon as We tell You about them.
10.1 If either You or We want to terminate the Contract, You or We can do this by giving 30 calendar days’ Written notice to the other. However, if You have agreed a Fixed Price Period, then Your notice under this Clause 10.1 cannot have effect prior to the end of the Fixed Price Period.
10.2 Any notice of termination You give Us must be in Writing. You must include Your account number and the MPANs for each and every Property. Notice of termination cannot be accepted over the phone.
10.3 If You agreed a Fixed Price Period and You are a Micro Business, then We will send You a Statement of Renewal Terms before the Contract End Date in accordance with Our Supply Licence. This will explain the options available to You when the Fixed Price Period ends.
10.4 You must inform us immediately upon becoming aware that You (or Your Linked Companies) intend on selling or ceasing trading at one or more Properties. You must notify us in Writing (the “COT Notice”) of the date that You will sell or stop trading at the relevant Property (the “COT Date”) at least 30 calendar days in advance. If You fail to give at least 30 calendar days prior notice of the COT Date, the COT Date shall be deemed to be 30 calendar days from the date of the COT Notice unless agreed otherwise. When notifying us of the COT Date, You must also confirm whether You want Us to De-Energise the relevant Meter Points at the Property (for which a fee will be payable by You to Us) and You must submit to Us all such supporting evidence as We may reasonably require (“Supporting COT Evidence”), including (but not limited to):
a. a completed “moving out” form, available on Our website or on request, with all mandatory fields completed and final meter readings provided;
b. Your new address and contact details (if they will change);
c. the name and contact details of the new owner or occupier of the relevant Property (or, if the Property will be empty, the name and contact details of the landlord); and
d. at least one of: (i) Your lease / tenancy agreement, (ii) a letter from Your solicitor evidencing the COT Date, or (iii) a completion statement.
10.5 You will continue to be liable for all Charges due to Us in relation to the relevant Property (and Your other obligations under the Contract will continue to apply) until the last to occur of (i) the COT Date (or deemed COT Date in accordance with Clause 10.4); (ii) We have received a COT Notice; and (iii) We have received Supporting COT Evidence to Our satisfaction (acting reasonably) (or, if earlier, until the supply of electricity to the Property has been physically disconnected).
10.6 The Contract will terminate automatically with immediate effect in respect of the affected Properties if:
a. Our Supply Licence is revoked or no longer permits Us to supply electricity to some or all the Properties; or
b. We are no longer party to any Industry Rules that are necessary to allow Us to supply electricity to some or all the Properties; or
c. the Regulator instructs another electricity supplier to take over the supply of electricity to some or all the Properties.
10.7 Either You or We may terminate the Contract with immediate effect (including during a Fixed Price Period) if the other party:
a. has breached the terms of the Contract and, if the breach could be rectified, has not done this to the reasonable satisfaction of the other party within 14 calendar days of being asked to do this; or
b. stops carrying on business or becomes unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 (exclusive of section 123(1)(a) of that Act); or
c. makes or proposes any arrangement with or for the benefit of its creditors (including any voluntary arrangement); or
d. has a supervisor, receiver, administrator, administrative receiver or any other person or organisation take possession of or be appointed over the whole or any part of its assets, or any distress, execution or other process is charged or enforced upon all or part of its existing assets; or
e. has any bankruptcy order made against it or action is taken to start an administration order or wind up or break up the company (other than for reorganisation which the other party to the Contract has approved).
10.8 We can also terminate the Contract with immediate effect if the circumstances described in Clause 2.5 or Clause 9 apply, or if Your credit rating score decreases. Where a circumstance described in Clause 2.5 or Clause 10.7 affects only some of the Properties, We can opt to terminate the Contract in respect of only those Properties.
10.9 You will give Us a closing Meter reading for each Meter at each and every Property on the Contract End Date (unless the Meter is a Half-Hourly Meter or a Smart Meter). If You do not provide a closing Meter reading or if We do not reasonably consider the closing Meter reading that You have provided is correct, then We may rely on any closing Meter reading provided by the Meter Agent or use an estimate calculated in accordance with any relevant Industry Rules.
10.10 Where notice is given under this Clause 10 to remove one or more Properties from the Contract or to terminate the Contract in respect of one or more Properties, then the Fixed Price Period will cease to apply to each such Property in accordance with that notice, but the Contract End Date will not occur pursuant to this Clause 10 until We cease to be Registered as the electricity supplier for the Property or We enter into a new contract for the supply of electricity to the Property with another customer.
10.11 If the Contract is terminated prior to the end of a Fixed Price Period, then You must pay Us the Cancellation Fee for all the Properties. If one or more Properties are removed from the Contract, or the Contract is terminated in respect of one or more Properties, prior to the end of a Fixed Price Period, then You must pay Us the Cancellation Fee for the affected Properties. Subject to any further or different description in the Contract Note or Product Schedule, the Cancellation Fee for each Property shall be calculated by Us as:
a. if the Wholesale Energy Cost of the electricity We purchased to meet the expected supply to the Property during the period until the end of the Fixed Price Period is higher than the Wholesale Energy Cost at which we can sell that electricity on the date of termination/removal, then the Cancellation Fee will include the difference between those two amounts; plus
b. in the case of termination/removal under Clause 4.4 or 25.2 or by Us under this Clause 10 (but not in the case of termination/removal by You under this Clause 10), then the Cancellation Fee will include the margin that We would have made on the expected supply to the Property during the period until the end of the Fixed Price Period.
11.1 We will use the Meter or Meters at each Property (while taking into account the configuration of these) to measure the amount of electricity used at the Property. You will be responsible for any loss of or damage to the Meters at the Properties (including any damage due to overloading) unless the damage is directly caused by Us or Our Metering Agent.
11.2 Unless Clause 11.5 applies, We agree with You that, in accordance with paragraph 2 of Schedule 7 to the Electricity Act, the electricity Meter at each Property does not need to be certified by a Meter examiner.
11.3 If You wish to appoint the Metering Agent to carry out one or more of the Metering Agent roles under the Contract, You must tell Us about this at the time that You agree the Contract with Us by giving Us the details of the proposed agent in Writing. Unless You have Our written permission, You cannot appoint more than one company to act as Your Metering Agent at any time.
11.4 We will only agree to Your appointment of a Metering Agent in accordance with Clause 11.3 if:
a. the Metering Agent appointed by You is qualified under the Balancing and Settlement Code to act in the relevant role; and
b. the Metering Agent confirms to Us in Writing before We start to supply electricity to any Property that they agree to Our terms of appointment; and
c. You and Your Metering Agent have in place, and maintain, a contract setting out Your and their responsibilities relating to their operating as Your Metering Agent; and
d. You are responsible for paying all Your Metering Agent’s costs and charges.
11.5 If We agree to You appointing a Metering Agent for one or more Properties, then:
a. You shall be responsible for maintaining the Meter at each Property and ensuring that these are kept in good working order at all times;
b. if You do not maintain the Meter at each Property and ensure that these are kept in good working order at all times, We may De-Energise the relevant Meter Point until You have replaced the Meter or had it repaired (in which case, You will be liable for any associated costs resulting from this);
c. You are responsible for all actions taken (or not taken) by Your Metering Agent and You may, at Our discretion, be required to pay any costs or losses We face as a result of any action taken (or not taken) by Your Metering Agent; and
d. if Your Metering Agent causes a delay to the Supply Start Date and We then face any additional costs or losses due to this delay then You may, at Our discretion, be liable for those costs or losses.
11.6 You are responsible for ensuring that any Metering Agent that You appoint in accordance with Clause 11.3 must:
a. give us promptly all information that We reasonably ask for to maintain the supply of electricity to any Property and calculate the associated Charges payable by You to Us; and
b. give us promptly any Meter information that We reasonably ask for, in the format, by the method and in the timescales that We reasonably request; and
c. inspect each Meter regularly from the start of the Contract and give Us a Written report of each inspection; and
d. operate in accordance with all applicable Laws and Industry Rules including Our Supply Licence and the Balancing and Settlement Code.
11.7 If We incur any costs or losses due to You or Your Metering Agent not acting in accordance with the terms of Clause 11.6 then You may, at Our discretion, be liable to pay these.
11.8 Once You have appointed a Metering Agent and We have agreed to this, You cannot then change Your Metering Agent without Our Written permission.
11.9 You agree to tell Us immediately if Your Metering Agent breaches any of the terms of the contract between You and Your Metering Agent or if the contract between You and Your Metering Agent is terminated or comes to an end. If You do not maintain a contract between You and Your Metering Agent in accordance with Clause 11.4 or if You or Your Metering Agent do not act in accordance with Clause 11.6 then We may, at Our discretion, appoint a different Metering Agent of Our choice in relation to any Property and You will be liable to pay any costs associated with this.
11.10 Both You and Your Metering Agent must use the electricity supplied to each Property in a safe manner and not interfere with the Meter or Meters, Meter Point or electricity supply on the Electricity Network Operator’s side of any Meter Point at any time.
11.11 If the amount of electricity that You use at any Property is greater than the industry requirements for Your Profile Class or greater than the amount of electricity that the Meter Point at the relevant Property is registered to receive, or if We are required by Law or Industry Rules to change your Meter, then You may, at Our discretion, be required to cover the costs of, and provide all reasonable access, co-operation and assistance in respect of the installation of, any necessary upgrade to the Meter or Meters or the connection to the relevant Electricity Network. This may also require Us to change your Contract and associated Charges from non-half hourly to half-hourly.
11.12 We may, from time to time, ask You to read the Meter or Meters at any Property and give Us a Meter reading together with photographic evidence of the Meter reading (unless the Meter is a Half-Hourly Meter). If You do not do this when We reasonably ask You to, We may, at Our discretion, charge You for Our reasonable costs in sending Our employee or Our Agent to the Property to read the Meter or Meters and get a Meter reading.
11.13 If We make an appointment with You to visit any Property to read or inspect or replace the Meter or Meters and You do not keep the appointment and do not provide Us with 2 Working Days’ notice of cancellation of the appointment, You may then, at Our discretion, be liable to pay Us a Missed Visit Charge.
11.14 We may be required under Our Supply Licence to change the Meter at one or more of the Properties. This may include Us being required to install one or more Smart Meters at a Property.
11.15 If You give Us a Meter reading that We do not reasonably consider to be accurate, then We may reject that Meter reading, use an estimated reading calculated in accordance with any relevant Industry Rules, and ask You to give Us another Meter reading in accordance with Clause 11.12.
11.16 Unless You and Your Meter Agent are responsible for maintaining the Meter, if You believe that any Meter or Meters at any Property are not accurately recording the amount of electricity used through those Meters, You can ask Us to arrange for the Meter or Meters to be examined to confirm that they are operating within the allowed industry tolerances. If it is found that the Meter or Meters are operating within the allowed industry tolerances, You will be required to pay for the examination of the Meter or Meters. If it is found that the Meter or Meters are not operating within the allowed industry tolerances, We will pay for the examination of the Meter or Meters and recalculate any previous bills issued to You in relation to the relevant Property for the period that the Meter or Meters were found to be incorrectly recording the amount of electricity used at that Property. Please note that this may result in a repayment by Us to You if the Meter or Meters are found to be over-recording the amount of electricity used at the Property or You being required to make an additional payment to Us if the Meter or Meters are found to be under-recording the amount of electricity used at the Property.
11.17 In the case that recalculation of any previous bills is found to be required in accordance with Clause 11.16, any required adjustment will be reflected in Your next bill. Where We are required to make a repayment to You due to this, this payment will be made in the form of a credit to that bill unless We agree otherwise or unless the repayment due is greater than the amount of that bill in which case the excess will be paid to You in a format that We reasonably determine and as soon as is reasonably practicable.
11.18 If We give You reasonable notice, You agree to ensure that We and Our Metering Agent are given safe access to any Property to install, inspect, test, repair, replace, remove, check the accuracy of or obtain a Meter reading from any Meter or Meters at the Property during normal business hours. You may, at Our discretion, be liable to pay Us for any costs that We incur in obtaining access to the Property or any costs that We incur due to difficulty in accessing any Meter or Meters at the Property.
11.19 You agree to Us, Our Metering Agent, or any employee of the Electricity Network Operator entering any Property at reasonable times and, after giving You Written notice, to De- Energise, Re-Energise or physically disconnect the Property.
11.20 Electricity Network Operator is not required to give You prior notice to enter any Property to De-Energise Your electricity supply to that Property if this is being done on safety grounds In an emergency, You must allow Us or Our Metering Agent safe access to any Meter at any Property at any time.
11.21 You agree to ensure that You, Your partners, Your employees, Your representative and Your Agent do not do anything which might prevent or make it difficult for Us, Our Metering Agent, or the Electricity Network Operator to enter a Property.
11.22 You agree to provide, free of charge, at each Property, any supply of electricity, water, drainage or protection equipment that We, Our Metering Agent, or the Electricity Network Operator may reasonably require.
12.1 We are obliged by Our Supply Licence to have a Smart Meter installed at certain properties. Where We wish to install a Smart Meter at a Property, We will contact You to arrange a convenient appointment for the installation to be carried out.
12.2 Where We install a Smart Meter at a Property, this will be carried out in accordance with the Smart Metering Installation Code of Practice (SMICOP). A copy of the code is available on Our website.
12.3 We (or a third party with which We have contracted) will own the Smart Meter and any display unit that We may provide You with free of charge. If You leave the relevant Property, You must leave the display unit behind at the Property when You move out. If You do not leave the display unit, You must pay Our Charge for a replacement.
12.4 If there is already a Smart Meter at any Property which was installed by a previous electricity supplier to the Property, We will try to support all of its functions. If We are unable to do this, We will treat it as a Meter that is not a Smart Meter until We tell You that We are able to support all of its functions or until We swap it for a Smart Meter that We are able to support.
12.5 Once We are satisfied that We are able to support any Smart Meter already installed at any Property or once We have installed a Smart Meter that We are able to support, We will use that Smart Meter to get meter readings, find out whether or not there are any technical issues with the Smart Meter, update the Smart Meter and record Your electricity usage without visiting the Property.
12.6 We will use the readings We get from the Smart Meter to calculate Your bills for the electricity supplied to the relevant Property.
12.7 We may, without visiting the relevant Property and by making use of the Smart Meter, De- Energise the electricity supply to the Property but only if We are permitted to De-Energise the Meter Points at the Property in accordance with the Contract.
12.8 We may also:
a. change the configuration of the Smart Meter at any Property which is operating in credit mode to operate as a Smart Meter in prepayment mode, but not if that Smart Meter is an AMR Meter; or
b. change the configuration of the Smart Meter at any Property which is operating in prepayment mode to operate as a Smart Meter in credit mode, but not if that Smart Meter is an AMR Meter.
12.9 Once We have installed a Smart Meter at any Property or have been able to support the functionality of any Smart Meter already installed at that Property, Your bills will be based on the readings We get from that Smart Meter in accordance with Clause 12.6 unless Your Smart Meter has failed or any communications sent to the Smart Meter have failed. In these circumstances, We may have to estimate some of Your bills and may also need to send the Metering Agent to take meter readings in accordance with Clause 11 (Metering).
12.10 Following the installation of a Smart Meter at any Property or following Our being able to support the functionality of any Smart Meter already installed at a Property, We or Our Metering Agent will still need to visit the Property from time to time to inspect the Smart Meter to ensure that We fulfil Our legal and regulatory obligations. You agree to grant Us or Our Metering Agent safe access to the Property in accordance with Clause 11 (Metering).
13.1 We will use the information that We get from Your Smart Meter to:
a. calculate Your bills, including any final bills; and
b. calculate any debts relating to Your account; and
c. provide information for industry purposes in accordance with Laws, Industry Rules or directions by any Competent Authority that We are bound by.
13.2 We may also collect information up to every half-hour for the following purposes:
a. offering You products and services; and
b. forecasting more accurately Your likely electricity usage at the relevant Property (including making changes to the Forecast) and that of Our other customers; and
c. helping Us identify if any Smart Meter is functioning incorrectly or has been damaged; and
d. providing You with more detailed information in relation to Your electricity usage at the relevant Property.
13.3 You may opt out of allowing Us to collect the half-hourly usage information detailed in Clause 13.2 if You are a Profile Class 1-4 customer. If You wish to opt out, You can tell Us at any time by telephone, email or post, as described in Clause 28 (Notices). We will process Your request on the Working Day We receive it, and the change in the level of data collected by Us via the Smart Meter at the relevant Property will take effect as soon as is reasonably practicable.
13.4 If there is a Smart Meter installed at any Property, it is Your responsibility to tell Us if You leave the Property in accordance with Clause 10.4 so that We can ensure that Your energy usage information will not be available to any new occupier of the Property.
13.5 We can provide You with information in relation to Your past electricity usage where it is still available from the relevant Smart Meter and at the level of detail that We have Your agreement to collect from that Smart Meter.
13.6 We cannot remove details of Your electricity usage from Our systems once We have collected it. If You request that We cease processing certain information then We will do so, unless We have a legal or regulatory right to continue to make use of this information to manage Your account.
13.7 If You are not the occupier (or not the only occupier) of any Property, You confirm that the occupiers (or other occupiers) have agreed to Our providing You with the level of detail of electricity usage that applies to Your account. We may ask You to give Us Written permission from the occupier and/or any other occupiers (as relevant) before allowing You to access any electricity usage information more detailed than monthly usage.
13.8 If any Property is supplied with electricity through Related Meters, the level of detail for the recording of Your electricity usage that You agree to will be the level of detail that will apply to all Meters at the Property.
13.9 If there is also an export Meter at any Property and electricity is exported to Us, any level of detail for the recording of Your electricity usage that You have set for Your import (supply) Meter will also apply to Your export Meter.
14.1 We may De-Energise any Meter Points at a Property if:
a. You ask Us in Writing to do so, provided that You pay Us any reasonable fee that We request as well as any other Charges due to Us; or
b. it is necessary to do so for safety reasons or the security of the relevant Electricity Network, or because We believe that theft of electricity has occurred; or
c. it is necessary to do so to meet the requirements of any Law or Industry Rule; or
d. You (or Your Agent) are in breach of any of Your obligations under the Contract or an event occurs which entitles Us to terminate the Contract.
14.2 Unless We choose to do so, We will not be required to Re-Energise a De-Energised Meter Point at a Property until You have:
a. asked Us in Writing to do so; and
b. paid Us any reasonable fee We may request for having De-Energised the relevant Meter Point at a Property; and
c. paid Us any reasonable fee we may request for Re-Energising the relevant Meter Point at a Property; and
d. rectified any breach of the Contract made by You or Your Agent or Your representative to Our reasonable satisfaction, including making payment to Us of any outstanding debt relating to Your account; and
e. given Us any Security Cover that We ask You for; and
f. given Us any information that We reasonably ask for in the format that We ask for in relation to any change in the ownership or occupation of the relevant Property.
14.3 You agree to reimburse Us for any costs that We incur in relation to securing repayment of any Charges owed to Us under the Contract (or, where We ask You to do so, You will pay Us for these costs in advance). This includes:
a. any costs in relation to visiting the relevant Property before De-energising or Re-energising the Property; or
b. any costs in relation to obtaining a warrant to gain entry to the relevant Property before De- energising the relevant Meter Points at that Property.
14.4 Only the Electricity Network Operator may physically disconnect or reconnect a Meter Point at a Property, and may do this if:
a. You ask that it does this; or
b. We ask that it does this; or
c. It has the right to do this under the terms of any Law or relevant Industry Rule.
14.5 You may request that We Re-Energise the relevant Meter Points at a Property as an emergency case and, where We agree to this, We will Re-Energise the Meter Points at a Property as soon as reasonably practicable. Please note that Our associated Charges in this circumstance may be higher than would be the case for Re-Energisation under normal circumstances.
14.6 We will not be liable to You for any loss You may suffer due to any delay in Us Re-Energising the relevant Meter Points at a Property.
15.1 The electricity We supply to all Properties may vary in voltage as allowed by Law. You accept that We cannot guarantee a continuous supply of electricity. If You need a continuous supply of electricity, then it is Your responsibility to arrange an emergency or standby supply.
15.2 Emergency electricity services will be provided by Us or on Our behalf. You may, at Our discretion, be required to reimburse Us for any call-out charges that We are required to pay to the Electricity Network Operator or Our Metering Agent including those for providing any emergency services on Your equipment.
15.3 The electricity will be delivered to each Meter Point by the Electricity Network Operator. The Electricity Network Operator is responsible for maintaining the Electricity Network, and We will not be liable for any interruption or failure of the Electricity Network.
15.4 Ownership of the electricity supplied to each Meter Point will transfer to You at the Meter Point. We will not be responsible for electrical losses incurred on Your side of the Meter Point.
16.1 This Clause 16 applies only in the case that We supply electricity to any Property through an Exit Point which the Electricity Network Operator has agreed can be supplied without a Meter being in place. Where this Clause 16 applies to a Property, the requirements of this Contract relating to Meters will not apply to that Property.
16.2 In addition to Your being required to keep to the obligations listed in Clause 2.1, Our responsibility to supply You with electricity is dependent on You (or Your Agent) preparing, maintaining and sending Us an Inventory detailing how much electricity You reasonably estimate You will use at each unmetered Property, as well as a list of the items to be supplied with electricity at those Properties. You (or Your Agent) are also required to provide Us with the details of the MPAN for each Exit Point.
16.3 As well as the inventory described in Clause 16.2, You, Your representative, Your Agent or Your Meter Administrator must give Us all relevant information in relation to the number and location of any items listed in that Inventory as well as the type and wattage of each item, the type of control gear installed, details of any power-reduction or dimming mechanism installed, the type of switching or time switch control installed and the switching regime codes as detailed in the Balancing and Settlement Code.
16.4 You, Your Agent or Your Meter Administrator must tell Us as soon as is reasonably practicable and in all cases within one month, of any changes to the Inventory, Your reasonably estimated electricity usage over the 12-month period, the MPAN or any of the information listed in Clause 16.3.
16.5 If You, Your representative, Your Agent or Your Meter Administrator do not act in accordance with Your obligations under Clause 16.2, Clause 16.3 and Clause 16.4 then We may, at Our discretion, require You to reimburse Us for any costs or losses We may suffer due to this.
16.6 If, in Our reasonable opinion, We are not satisfied with the manner in which Your Meter Administrator is carrying out their duties in relation to any Property and supplied by Us with electricity without a Meter being in place at that Property and this does not improve within three months of Us telling You about this in Writing, then We may, at Our discretion, consider that You have breached the terms of the Contract.
16.7 In addition to the obligation placed upon You in Clause 10.4, before You leave or sell any Property supplied by Us with electricity without a Meter being in place at that Property, You must inform both Your Meter Administrator and the relevant Electricity Network Operator in Writing of the date that You will leave or sell that Property.
7.1 This Clause 17 only applies to Deemed Contracts.
17.2 For Deemed Contracts, there is no Contract Note, Product Schedule or Fixed Price Period. The Deemed Contract is created automatically for a Property by operation of Law.
17.3 Where the Contract for a Property is a Deemed Contract, You can end the Deemed Contract for the Property at any time by agreeing a new Contract with Us for the supply of electricity to the Property or by arranging for a different supplier to become Registered for the Property. Although You are not required to do so, it would be helpful if You could give Us notice of termination of the Deemed Contract by telephone, email or post, as described in Clause 28 (Notices).
17.4 We will calculate Your Charges for the electricity supplied by Us to the relevant Property under the Deemed Contract at Our Deemed Rate from the date of the last Meter reading We receive from the Metering Agent or the date of Our estimated Meter reading unless We agree otherwise with You.
18.1 If We suspect that any Meters or the electricity supply at any Property have been interfered with to commit fraud or theft of electricity We will record this information on Your account and may share it with any regulatory body, Your landlord, other energy suppliers and any organisation tasked with assisting in reducing fraud and energy theft. This may include recording sensitive personal information such as any criminal offences that You may have been accused of. We may also use this information to help Us make decisions in relation to Your payment arrangements and any products or services that We may offer You in the future.
18.2 Any information given by Us to any of the third parties listed in Clause 18.1 may continue to be used for the purposes of prevention and detection of fraud or theft of energy even after We cease to supply electricity to the Properties.
18.3 Where We suspect fraud or theft of electricity We will take all reasonable steps to investigate and prevent this and recover any Charges due to Us but not paid due to that fraud or theft.
19.1 We reserve the right to make changes to the Contract (including the Charges) to reflect any changes made to any Laws or Industry Rules, or any changes by a Competent Authority in its interpretation of, or official guidance for, any Laws or Industry Rules.
19.2 We can make changes in accordance with Clause 19.1 without Your permission and any changes resulting from this will apply from the date that We tell You about them.
19.3 Any changes We make under this Clause 19 will be designed to ensure that: (a) the Contract can continue in full force and effect; (b) both Parties can lawfully comply with their obligations under the Contract; (c) We are able to recover any costs or losses arising (or which may arise) as a result of the event giving rise to the change; and (d) We are in no worse position than We would have been but for the event giving rise to the change.
20.1 We are the controller of, and are responsible for, your personal data. We will use the information You give Us to set up and manage Your account. This will also include any information legally received by Us from a third party, including the Electricity Network Operator, the Land Registry, any local authority, or a landlord. All information relating to You will be used as allowed by the General Data Protection Regulation and any other data protection and privacy laws that may apply from time to time.
20.5 If You give Us false or inaccurate information and We suspect fraudulent activity, We may pass Your details on to regulatory bodies, credit-referencing companies, fraud-prevention companies or agencies or law-enforcement agencies as appropriate.
20.7 We shall be entitled to give Your account details to any third party that We transfer Our rights and obligations under the Contract to in accordance with Clause 22 (Transfer of Rights and Obligations).
20.8 If We object to You transferring the supply of electricity to any Meter Points at a Property to a new electricity supplier because You owe Us money, We may tell that electricity supplier about the debt.
20.9 We may record telephone conversations between You and Us made in relation to the Contract.
21.1 For the entirety of the duration of the Contract and for a period of six years following the end of the Contract, You and We agree to keep confidential all commercial and financial terms of the Contract and any information about You or Us which is not publicly known.
21.2 This will not prevent You or Us from giving any information to any of Your Linked Companies supplied with electricity under the Contract, Your Agents, the Metering Agents, or Our contractors or agents.
21.3 Nor will this prevent You or Us using the information for the purposes of the Contract or in any ways expressly provided for in the Contract.
21.4 We will also be able to share Your information with other companies within Our corporate group and with Our and their shareholders and with persons from whom We purchase wholesale power.
21.5 You and We will also be able to provide information to third parties in accordance with Laws, the Industry Rules or under the rules of any recognised stock exchange.
22.1 We may subcontract or transfer any or all of Our rights and obligations under the Contract at any time without Your consent and without giving You prior notice of this. However, We will only transfer the Contract to a Supply Licence holder. By agreeing to the Contract, You consent to the future transfer of the Contract in accordance with this Clause 22, and agree to enter into any agreements We reasonably request to document the transfer.
22.2 You may not transfer any of Your rights or obligations under the Contract to any third party without first obtaining Our permission to do so in Writing.
23.1 We are neither a Mandatory FIT Licensee nor a Voluntary FIT Licensee and this will continue to be the case until We tell You otherwise.
24.1 We are acting on behalf of Your Electricity Network Operator to make an agreement with You. The agreement is that You and Your Electricity Network Operator both accept the National Terms of Connection (NTC) and agree to keep to its conditions. This will happen from the date that You enter into the Contract and it affects Your legal rights. The NTC is a legal agreement. It sets out rights and duties in relation to the connection at which Your Electricity Network Operator delivers electricity to, or accepts electricity from, Your home or business. In the case of some non-domestic sites, as further described in the NTC, the NTC provide for the continuing application of site- specific connection terms agreed with a previous owner or occupier of the site. Your Electricity Network Operator will be able to tell you whether or not site-specific connection terms exist. If You want to know the identity of Your Electricity Network Operator, or want a copy of the NTC or have any questions about it, please Write to: Energy Networks Association, 6th Floor, Dean Bradley House, 52 Horseferry Road, London SW1P 2AF or phone 0207 706 5137 or see the Website at www.connectionterms.co.uk.
24.2 If You require any changes to a Property’s connection to the Electricity Network, including changes to the maximum import capacity, then You must contact the Electricity Network Operator, and You will be liable for any costs incurred as a result of any changes.
25.1 We cannot supply electricity to any Property where a Green Deal agreement is in place. You agree to let Us know prior to agreeing the Contract with Us if this is the case. This Contract will not apply to any Property where a Green Deal arrangement is in place and We will not be obliged to supply electricity to that Property.
25.2 If We have already begun to supply electricity to a Property where a Green Deal agreement is in place, You must contract with a new supplier for the Property as soon as is reasonably practicable (failing which We will be entitled to entitled to terminate the Contract in respect of the Property on the basis that You have committed a breach which is incapable of remedy). In these circumstances, You agree to pay Us a Cancellation Fee (as well as the Charges due to Us for the electricity supplied to the Property prior to the Contract End Date).
26.1 If You and We agree in Writing that some or all of the electricity We supply under the Contract will be from renewable sources, then this means that We will measure the supply over each period of 12 months from April to March and ensure that We present a corresponding number of Renewable Guarantees of Origin to the Regulator.
27.1 Nothing in the Contract shall limit Your or Our liability for death or personal injury caused by negligence, for fraudulent misrepresentation, or for any other liability that cannot lawfully be limited. Nothing in the Contract shall limit Your liability to pay the Charges.
27.2 Subject to Clause 27.1, We shall not be liable to You (or any other persons at a Property, or Your or their employees, contractors or agents) in relation to the Contract (whether in contract, negligence or otherwise) for:
a. loss or corruption of data, damage to frozen food, or loss of profit, income, anticipated savings, use, contract, production or business (whether direct or indirect);
b. any loss or damage which is not reasonably foreseeable at the date of the Contract as likely to occur as a result of breach; or
c. any liability to third parties in respect of the matters referred to in
(a) or (b) above.
27.3 Subject to Clause 27.1, Our total aggregate liability arising from or in connection with the Contract (whether in contract, negligence or otherwise) will in no circumstances exceed £100,000 (one hundred thousand pounds).
27.4 You shall procure insurance to protect You (and others at each Property) for losses and damages for which We are not liable under this Clause 27. You shall reimburse Us for any liability We incur over and above that for which We should be liable in accordance with this Clause 27.
27.5 All provisions which might otherwise be implied by Law or custom are excluded to the fullest extent permitted by Law.
27.6 This Clause 27 shall continue to apply following the Contract End Date.
28.1 You can contact Us at the following addresses: 1 Victoria Square, Birmingham B1 1BD, or any replacement addresses that We notify to You.
28.2 We can contact You at any of the Property addresses, Your registered company address or the address recorded in the Contract Note.
28.3 Unless otherwise specified in the Contract, any communication to be given between You and Us in relation to the Contract shall be in Writing. Such communications shall be deemed duly served if delivered by hand, prepaid registered post or email as follows: in the case of delivery by hand, on delivery; in the case of prepaid registered post, on the second Working Day following the date of posting; and in the case of email, on delivery to the recipient’s server and provided no error message is received by the sender.
29.1 If you are a Micro Business, You may be entitled to refer a complaint to the Ombudsman Service for Energy. Details of our complaints procedure and how You may contact the Ombudsman Service for Energy can be found on Our website.
29.2 The Contract (and all contractual and non-contractual matters arising in relation to it) will be governed by and interpreted in accordance with the laws of England, and subject to the jurisdiction of the courts of England and Wales.
30.1 If there is a major emergency affecting any relevant Electricity Network Operator and a direction is given by the Secretary of State under the Fuel Security Code and/or the Electricity Supply Emergency Code, We may recover from You a reasonable proportion of the additional costs incurred by Us as a result of that direction.
31.1 Neither You nor We shall be liable to the other for any failure or delay in carrying out its obligations under the Contract where such failure or delay is a result of a Force Majeure event provided that:
a. neither party shall be absolved due to any Force Majeure event from its obligation to make any payment due under the Contract; and
b. the party claiming to be affected by that Force Majeure event takes all reasonable steps to minimise and rectify the effects of that Force Majeure event as soon as possible; and
c. the party claiming to be affected by that Force Majeure event promptly notifies the other party to the Contract of: (i) the nature of that Force Majeure event; (ii) the expected duration of that Force Majeure event; (iii) the steps it is reasonably taking to minimise and rectify the effects of that Force Majeure event; and
(iv) when it is no longer affected by that Force Majeure event.
32.1 Both You and We agree not to do any or all of the following:
a. engage in any actions that are, or could reasonably be considered to be, offences under the Bribery Act 2010 or the Money Laundering Regulations 2007; or
b. offer or agree to provide any person any gift or consideration of any kind as an inducement or reward for carrying out or not carrying out any act in relation to the Contract.
32.2 Both You and We shall act in compliance with Our Code of Conduct in effect from time to time. Our Code of Conduct can be found on Our website.
32.3 Both You and We agree to inform each other as soon as reasonably practicable and to the extent lawfully permitted of any failure by that party to comply with the requirements of this Clause 32 or Clause 2.4(g).
33.1 In the Contract any references to:
a. We/Us/Our includes references to Our employees, agents and contractors;
b. Laws includes references to those Laws as modified, amended, extended or re-enacted from time to time;
c. Industry Rules or agreements (including the Contract), includes those rules or agreements as amended from time to time;
d. Clauses are references to the clauses of these Terms and Conditions;
e. the singular includes references to the plural (and vice versa);
f. the terms ‘include’ and ‘including’ are without limitation to any other matters being included in or covered by the relevant provision; and
g. person or persons or other entities, are references to any legal or natural person including individuals, companies, sole traders, partnerships etc.
33.2 Where more than one person enters into the Contract with Us, each such person shall be jointly and severally liable under the Contract.
33.3 The Contract constitutes the whole and only agreement between You and Us in relation to the supply of electricity to the Properties. You acknowledge that You have not relied on any statement or promise made by Us which is not set out or referred to in the Contract.
33.4 No delay or omission by either You or Us in exercising any right or remedy under the Contract will be construed as a waiver of such right or remedy. Any single or partial exercise will not prevent any other or further exercise of the same right or remedy, or the exercise of any other right or remedy.
33.5 If a provision of the Contract is declared invalid or illegal or unenforceable, that provision will be deemed omitted from the Contract, and the other provisions will continue to apply (unless it would be fundamentally unreasonable for such provisions to continue).
33.6 No provision of the Contract shall be enforceable by any third party, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Additional Charges – any charges that are identified as such in the Contract Note, which will be charged as further described in any Product Schedule (or, if not so described, which will be charged at a pass-through of the cost to which they relate, or charged on an estimate and reconciled against cost).
Agent – an energy broker, consultant or other third party appointed by You in relation to the Contract to act on Your behalf.
Agreement Date – the date on which the Contract starts, as described in Clause 3.1.
AMR Meter – a Meter which allows for remote meter reading of electricity usage, but which does not comply with the requirements for an ‘Electricity Smart Meter’ under the Industry Rules.
Balancing and Settlement Code (BSC) – the code of that name which details the rules governing electricity supply in the GB market. Cancellation Fee – the amount described in Clause 10.11.
Capacity Charges – charges imposed by the relevant Electricity Network Operator for the maximum amount of electricity it agrees to make available at the Meter Point.
Charges – all the fees, charges and other amounts You must pay to Us under the Contract. The applicable Charges are described in the Contract, and may include unit charges, Standing Charges, and charges to cover payments that We make to third parties such as the Electricity Network Operator or the Metering Agent. The Charges set out in the Contract are exclusive of VAT and the Climate Change Levy and any other tax or impost imposed on You or Us by Law or the Industry Rules.
Climate Change Levy – the tax of that name set under the Finance Act 2000 and any related regulations.
Competent Authority – any court in England, Scotland or Wales, any local, national or international regulator, inspectorate, minister, ministry or public official of England, Scotland or Wales or of the European Union.
Contract – the agreement between You and Us, as described in Clause 1.4. Contract End Date – for each Property, the date as described in Clause 3.2. Contract Note – the document (if there is one) that You and We agree to be bound by, and which refers to these Terms and Conditions.
CM Charge Hours – the hours, as updated and amended from time to time, during which the supplier obligation (under the Electricity Capacity (Supplier Payment etc) Regulations 2014) is determined to apply.
De-Energise – for a Property, interrupting the electricity supply to the Meter Points at Property, for example by removing the fuse and the meter. Deemed Contract – a deemed contract is created by Law where We supply a premises with electricity due to being Registered as the supplier to that premises, but where We have not agreed a contract for that supply. Deemed Rate – the rate charged per unit of electricity supplied under a Deemed Contract, as published on Our website.
Demand-Side Management – for a Property, any solution that incentivises You to lower or shift the amount of electricity you import from the Electricity Network Operator.
Direct Debit – regular payment taken directly from a bank account, the details of which have been given to Us for this purpose.
DUoS Excess Capacity – charges levied by the Electricity Network Operator if a Property exceeds its maximum import capacity.
DUoS Reactive Power – charges levied by the Electricity Network Operator for a Property’s reactive power.
Electricity Network Operator – for each Property, the operator of the Electricity Network for that Property.
Excess Consumption Charge – a Charge made to cover Our costs (including in relation to Renewable Guarantees of Origin) if We supply more electricity to the Properties during a period than You (or Your Agent) agreed in the Forecast. In relation to the electricity, We will calculate this by comparing the system prices under the BSC during that period with the Charges for that Period which relate to wholesale electricity costs. In relation to the Renewable Guarantees of Origin, we will calculate this by comparing the prices at which we can buy Renewable Guarantees of Origin in the wholesale market with the Charge for that Period which relate to Renewable Guarantees of Origin.
Exit Point – a Meter Point where the Electricity Network Operator has agreed in Writing that a Meter is not required.
Feed-In Tariff – the small-scale low-carbon feed-in tariff scheme introduced under the Energy Act 2008.
Fixed Price Period – a period for which the Contract Note or Product Schedule sets out a per unit Charge for the electricity supplied, or sets out a means by which such a rate is to be determined. Forecast – the monthly and annual estimates of how much electricity You are likely to use in a given period at each Property. Where the Material Amount set out in Your Contract Note is stated as “Monthly”, Your Forecast is set out in a separate table entitled “Part 1 Forecast” which is referred to in Part 1 of the Contract Note and forms part of the Contract.
Forecast – the monthly and annual estimates of how much electricity You are likely to use in a given period at each Property, as set out in Part 1 of Your Contract Note (which may be in a separate Excel or PDF file).
Green Deal – the scheme of that name introduced under the Energy Act 2011.
Half-Hourly Meter – a Meter which meets the definition of a Half-Hourly Meter under the Industry Rules.
Industry Rule – Our Supply Licence and any agreement or code referred to in Our Supply Licence.
Inventory – the details of the equipment We will supply with electricity as set out in any unmetered supply certificate issued by the relevant Electricity Network Operator.
Law – means all laws of a Competent Authority (including the common law and legislation).
Late Registration Fee – an amount per day per Property to reflect the likely movement in Wholesale Energy Costs, subject to any further or different description in the Contract Note or Product Schedule, this will be calculated by Us as the Wholesale Energy Cost of the electricity We purchased to meet the expected supply to the Property during a day, multiplied by 10% (which is assumed to be the likely movement in prices). Linked Company – any company that is either Your holding company or subsidiary company, or another subsidiary company of Your holding company. The terms “holding company” and “subsidiary” have the meanings assigned to them in section 1159 of the Companies Act 2006. Mandatory FIT Licensee – a supplier of electricity with 250,000 or more domestic electricity customers.
Material Amount – the amount agreed as material, as set out in the Forecast.
Material Shutdowns – any closure, outage, maintenance or shutdown at a Property lasting for more than the period (if any) identified as material in the Contract Note.
Meter – a device for measuring the amount of electricity supplied to a Property, including all associated communications and other equipment. Meter Administrator – a third party authorised under the Balancing and Settlement Code to calculate an estimate of the amount of electricity used at any Exit Point in the case of unmetered supplies.
Meter Point – for each Property, those point(s) as detailed in the Contract Note at the Property at which the Property is connected to the Electricity Network.
Metering Agent – Any third party appointed by You or Us (as described in Clause 11) to perform one or more of the following roles in respect of the Properties: Meter Operator Agent, Data Collector, and Data Aggregator (as each such role is described in the BSC).
Micro Business – You will be a Micro Business if You consume less than 100,000 kWh of electricity a year, or You have fewer than ten employees (or their full-time equivalent) and an annual turnover or annual balance sheet total of €2million or less. We may tell You that We are going to treat You as a Micro Business.
Missed Visit Charge – an amount We may charge You where We have made an appointment with You to read or inspect any Meter at any Property but We are unable to do so due to anything You have done or have not done. This Charge is published on Our website.
MPAN – a Meter Point Administration Number, a unique reference number given to each Meter Point under the Industry Rules, also known as a “supply point number”.
National Grid – the electricity transmission system operator for Great Britain.
Out of Contract Rate – the Charges which apply after the end of a Fixed Price Period, unless you agree another Fixed Price Period. Our Out of Contract Rates are published on Our website.
Property – each of the properties and sites detailed in the Contract Note, but excluding any removed from the Contract from time to time in accordance with the express terms of the Contract.
Product Schedule – the document that supplements Your Contract Note, and which details all relevant aspects of the product which You have chosen as part of the Contract.
Profile Class – a profile detailing how customers within different categories of customer are expected to use electricity including how much electricity they are expected to use and at what times they are expected to use it. Re
Energise – restoring the electricity supply to a De-Energised Meter Point at a Property, for example by replacing the fuse and the Meter. Registered – for a Property, to become registered under the Industry Rules as responsible for the supply of electricity to the relevant Meter Point(s) at that Property.
Regulator – the Gas and Electricity Markets Authority established under section 1 of the Utilities Act 2000 (Ofgem).
Related Meters – where more than one Metered supply is connected to the same fuse meaning that those supplies must be treated as one supply, as further described in the relevant Industry Rules.
Renewable Guarantee of Origin – means a guarantee of origin issued or recognised under the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003, which may include guarantees of origin issued outside the UK.
Requested Supply Start Date – for a Property, the date set out in the Contract Note for that Property.
Security Cover – security or credit support in respect of Your obligations under the Contract, which may take the form of a cash deposit, a letter of credit or a guarantee (We may at Our discretion ask You for one or more of these).
Smart Meter – a Meter which allows for remote meter reading of electricity usage, including both AMR Meters and Meters which comply with the requirements for an ‘Electricity Smart Meter’ under the Industry Rules. Smart Metering Installation Code of Practice (SMICOP) – the code of practice which governs the installation of Smart Meters (but which does not apply to AMR Meters).
Standing Charge – a daily Charge which You must pay to keep the relevant Property connected to the Electricity Network, whether or not electricity is being supplied to the Property.
Statement of Renewal Terms – a written statement We will give You which explains how You can end the Contract at the end of a Fixed Price Period. Subject Access Request – a request to Us to make available to You the personal information We hold in relation to You.
Supply Licence – a licence to supply electricity under the Electricity Act 1989.
Supply Start Date – for each Property, is the date We become Registered for all relevant Meter Points at that Property and therefore start to supply the Property with electricity.
Terms and Conditions – this ‘Terms and Conditions’ document.
Under Consumption Charge – a Charge made to cover Our costs (including Renewable Guarantees of Origin) if We supply less electricity to the Properties during a period than You (or Your Agent) agreed in the Forecast. In relation the electricity, We will calculate this by comparing the system prices under the BSC during that period with the Charges for that Period which relate to wholesale electricity costs. In relation to the Renewable Guarantees of Origin, we will calculate this by comparing the prices at which we can sell Renewable Guarantees of Origin in the wholesale market with the Charges for that Period which relate to Renewable Guarantees of Origin.
Us (Our, We) – Bryt Energy Limited (a company registered in England with company number 10167351), the supplier of electricity under the Contract. Voluntary FIT Licensee – a GB supplier of electricity with fewer than 250,000 domestic electricity customers but which has voluntarily chosen to participate in the Feed In Tariff scheme.
Wholesale Energy Cost – for any volume of electricity to be supplied over any period of time, is the price payable in the wholesale energy market for the purchase or sale of that electricity, multiplied by the volume. Where the price of the electricity We purchased to meet the expected supply under the Contract is not apparent from the Charges, it will be deemed to be 50% of the aggregate unit rate (excluding VAT and Climate Change Levy). Working Day – Monday to Friday, excluding public or bank holidays in Great Britain (or any part of Great Britain).
Written (Write, Writing) – any communication in a textual format which includes letter, email, online forms and SMS message.
You (Your) – the other party with which We have agreed the Contract.