1 Domestic Energy Supply Terms and Conditions 1. Who the contract is between 1.1 The contract is between you and us. 1.2 We are Avid Energy Limited, a company registered in England with company number 10026662. Our address is Maple House, High Street, Potters Bar, Hertfordshire, EN6 5BS 1.3 You are the person who: (a) agreed via our website, over the phone, by post, or in person to take a supply of energy from us; or (b) started taking a supply of energy from us, which created a deemed contract. 1.4 Some of the words and phrases used in the contract have a special meaning. These are explained in section 33 (glossary) at the end of these terms and conditions. 1.5 The contract is a legally binding agreement. Both you and we must comply with the contract. We may take legal action against you if you do not. 2. What you agree to do 2.1 You promise that: (a) you are over 18 and can legally agree to the contract; (b) you either live at or own the property; (c) if you are the landlord of the property, you will take reasonable steps to ensure that you bring these terms and conditions to the attention of your tenants; (d) the property is connected to the energy network; (e) you have given us accurate details about the property, the type of meter installed at the property, and the amount of energy used at the property; (f) you will use the energy supply wholly or mainly for domestic purposes; (g) you will keep us up-to-date concerning your postal and email address and phone number; and (h) you will pay a security deposit if we ask you to do so in accordance with the contract. 2.2 We have entered into the contract in reliance on the information provided by you in your application, which you confirm is accurate. If this information changes significantly you must tell us. 2.3 If any of the information you gave us at the beginning of the contract was not accurate, or if your circumstances change, then we have the right to change your price plan to move you onto what we consider a more appropriate price plan. 2.4 You agree to pay any of our charges due under this contract and agree to reimburse us for our reasonable costs arising from you interfering with your energy meter.
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Domestic Energy Supply Terms and Conditions
1. Who the contract is between 1.1 The contract is between you and us.
1.2 We are Avid Energy L imited, a company registered in England wi th company number 10026662. Our address is Maple House, High Street, Pot ters Bar, Her tfordshire, EN6 5BS
1.3 You are the person who:
(a) agreed via our website, over the phone, by post, or in person to take a supply of energy from us; or
(b) started taking a supply of energy from us, which created a deemed contract.
1.4 Some of the words and phrases used in the contract have a spec ia l meaning. These are expla ined in sect ion 33 (g lossary) at the end of these terms and condit ions.
1.5 The contract is a legal ly b inding agreement. Both you and we must comply wi th the contract . W e may take legal ac t ion against you i f you do not.
2. What you agree to do 2.1 You promise that :
(a) you are over 18 and can legally agree to the contract;
(b) you either live at or own the property;
(c) if you are the landlord of the property, you will take reasonable steps to ensure that you bring these terms and conditions to the attention of your tenants;
(d) the property is connected to the energy network;
(e) you have given us accurate details about the property, the type of meter installed at the property, and the amount of energy used at the property;
(f) you will use the energy supply wholly or mainly for domestic purposes;
(g) you will keep us up-to-date concerning your postal and email address and phone number; and
(h) you will pay a security deposit if we ask you to do so in accordance with the contract.
2.2 We have entered into the contract in re l iance on the informat ion provided by you in your appl icat ion, which you conf irm is accurate. I f th is informat ion changes s ignif icant ly you must te l l us .
2.3 I f any of the informat ion you gave us at the beginning of the contract was not accurate, or i f your c i rcumstances change, then we have the r ight to change your pr ice p lan to move you onto what we cons ider a more appropr iate pr ice p lan.
2.4 You agree to pay any of our charges due under th is contract and agree to re imburse us for our reasonable costs ar is ing f rom you interfer ing with your energy meter .
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2.5 You agree not to interfere wi th the meters or any meter reading equipment .
2.6 You agree to abide by the ru les of any promot ional of fer that may be in p lace at the t ime of enter ing into the contract .
2.7 By enter ing into th is contract you have agreed to pay your bi l ls . I f you don' t pay our b i l ls , we can make you pay a depos i t , pay in a d if ferent way ( for example, through a prepayment meter) , or poss ib ly d isconnect your premises.
2.8 You agree that we may run a credit check on you f rom t ime to t ime.
2.9 Our pr ivacy not ice, which discusses the ways in which we process any informat ion you provide us wi th , is avai lable on our webs ite.
3. What we agree to do 3.1 We are respons ib le only for the supply of energy to the property at the meter.
3.2 We are not respons ib le for any p ipes, f i t t ings, p lant, wires and cables, equipment , and apparatus used in connect ion with the supply on your s ide of the meter. I t is your respons ib i l i t y to ensure that they are mainta ined in good work ing order and safe condi t ion at al l t imes unt i l the contract ends.
3.3 Ownership of , and respons ibi l i t y for , the energy wi l l t ransfer to you at the point at which the proper ty is connected to the network .
4. Service suitability 4.1 Some of our pr ice p lans are dependent on you having a smart meter insta l led
at the proper ty and the smart meter operat ing as a prepayment meter . I f a smart meter is not ins ta l led at the property (and we are not able to insta l l one wi thin a reasonable per iod of t ime) then we wi l l change yo ur pr ice p lan to our cheapest avai lable var iable pr ice tar i f f that does not require a smart mete r operat ing as a pre-payment meter .
4.2 Paying for energy v ia a prepayment meter is not suitable fo r everyone. Fai lure to keep your meter topped up may result in no energy being supplied to the property. I f you re ly on energy being supplied to the property, and are l ikely to face d if f icu lty topping up f requent ly , p lease contact us .
4.3 I t is your respons ib i l i t y to ensure that there is enough credit in your prepayment meter to ensure a constant supply of energy.
4.4 We are not l iab le for any damage that may occur to appl iances in the event that you do not mainta in suf f ic ient top up to ensure a cont inued supply of energy to the proper ty.
5. About the contract 5.1 This sect ion 5 does not apply to deemed contracts . Deemed contracts are
expla ined in sect ion 6 (deemed contracts) .
5.2 You wi l l have entered into the contract by:
(a) completing an application over the phone;
(b) completing an application in front of one of our representatives;
(c) completing a paper application and posting it to us; or
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(d) completing an application online.
5.3 The contract starts when we accept your appl icat ion.
5.4 This contract wi l l cont inue on a ro l l ing term bas is unt i l i t is terminated.
6. Deemed contracts 6.1 I f you d idn’ t enter in to the contract wi th us in any of the ways descr ibed
above ( in sect ion 5), you wi l l be deemed to have accepted these terms and condit ions under a deemed contract .
6.2 A deemed contract is automatical ly created by the energy legis lat ion, i f :
(a) you own or occupy the property; and
(b) we supply energy to the property; and
(c) we do not have a contract with any other person for the supply of energy to the property.
6.3 Where a deemed contract appl ies , these terms and condit ions wi l l apply to the supply of energy to the proper ty, but :
(a) the contract will start in accordance with the applicable energy legislation;
(b) the charges payable by you for the energy will be those described on our website as applying to deemed contracts;
(c) the payment method will be by pre-payment meter where one is fitted (and by cheque on receipt of our bills if no prepayment meter is fitted); and
(d) we will confirm any other relevant details when we write to you to confirm that a deemed contract has arisen.
6.4 In addit ion to the c i rcumstances descr ibed e lsewhere in the contract , a deemed contract wi l l end when you or someone else enters into another contract for the supply of energy to the proper ty (e ither with us or another suppl ier) .
6.5 Please note that the tar i f fs that apply under deemed contracts are hi gher than our f ixed pr ice plans and standard var iable rate.
7. Cancelling the contract 7.1 You have a statutory r ight to cancel the contract wi th in 14 days of the date
you entered into i t .
7.2 I f you wish to cancel the contract in th is way, you must contact us wi th in th is per iod of 14 days in accordance wi th sect ion 29 (communicat ions) .
7.3 Af ter th is per iod of 14 days has ended, you can only end the contract as descr ibed in sect ion 19 (ending the contract ) .
7.4 I f you cancel the contract whi le we are the regis tered under the industry ru les as the suppl ier of energy to the proper ty, then a deemed contract wi l l be created (see sect ion 5).
8. Starting your supply 8.1 I f we are a lready regis tered under the industry ru les as the suppl ier of energy
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to the proper ty at the t ime the cont ract starts, then we wi l l supply energy to the proper ty under the contract f rom the t ime the contract s tarts .
8.2 I f we are tak ing over f rom another suppl ier as the suppl ier of energy to the property, we wi l l complete the transfer wi th in 21 days af ter the expi ry of your r ight to cancel the contract (see sect ion 7), unless you request that the transfer take p lace at a la ter date . However , in certa in c ircumstances (as set out in our supply l icence) we may not be able to complete the transfer with in 21 days. W here th is is the case, we wi l l complete the transfer as soon as we can. We wi l l supply energy to the proper ty under the contract f rom the t ime at which we are registered under the industry ru les as the suppl ier of energy to the proper ty.
8.3 From the t ime that we star t to supply energy to the proper ty under the contract , you wi l l become l iable to pay the charges under the contract .
8.4 Unless there is a smart meter at the property, you must provide us wi th an actual meter reading on the day that we start to supply ener gy to the proper ty under the contract . I f you do not do so, or we do not reasonably cons ider that the reading you provided is accurate, then we wi l l use an est imate based on the industry ru les and the last meter reading w e have.
9. Prices and charges 9.1 You wi l l have chosen the appl icable energy tar i f f and payment method, which
comprise your pr ice p lan, as par t of your appl icat ion. This pr ice p lan forms par t of the contract. I t is subject to change in accordance wi th the contract .
9.2 Our energy tar i f fs cons ist of two types of charge, unit rates and standing charges. Up- to-date informat ion descr ib ing al l of our energy tar i f fs can be found on our webs i te .
9.3 In addit ion to your energy tar i f f , our charges also inc lude addit ional fees for par t icu lar services and act ivi t ies . Up- to-date informat ion descr ibing al l of these addi t ional fees can be found on our webs ite. They include fees for th ings l ike:
(a) disconnecting or re-connecting your energy supply;
(b) fixing, moving or replacing a meter;
(c) administrative costs related to debt collection;
(d) obtaining a warrant to access the property;
(e) visiting the property;
(f) if you miss an appointment with one of our agents; and
(g) replacing a prepayment meter key or card that is lost or damaged.
9.4 Al l charges wi l l be subject to VAT an d other taxes and dut ies at the prevai l ing rates, which you must pay in addit ion.
9.5 You wi l l be l iab le to pay a l l the charges re lat ing to the per iod of the contract .
10. Changes to the price 10.1 We may change your pr ice p lan or make other changes to the charges in
accordance wi th our supply l icence and the contract .
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10.2 Our pr ice plans somet imes depend on how a customer chooses to pay . I f you select a pr ice plan that requires payment in a cer ta in way, and then you choose not to pay in that way or you are unable to pay in that way, then we wi l l change your pr ice p lan to our cheapest avai lable pr ice p lan that is avai lable for the way you pay.
10.3 The avai labi l i t y of our pr ice p lans somet imes depend on indiv idual customer c ircumstances. Before we enter in to the contract wi th you, we look at any informat ion we have. That might inc lude what we know about how you’ve paid b i l ls in the past, anyth ing you’ve to ld us, and any informat ion that a credi t -reference agency has given us. We use al l this informat ion to dec ide how l ikely we th ink i t is that you’ l l be able to pay your b i l ls . Our dec is ion can af fect how we ask you to pay. For example, i t m ight af fec t how of ten we send you b i l ls . W e might a lso ask you to pay a depos it or use a d i f ferent k ind of meter . This might happen at the beginning of the contract , or i t m ight happen part way through the contract ( i f your c ircumstances change or i f the informat ion you gave us was or becomes inaccurate) .
10.4 Where we give you a not ice of a pr ice change we wi l l only apply that change f rom the not i f ied implementat ion date. I f a meter reading is required in order to spl i t the consumpt ion into amounts to be charged on the o ld and new pr ices, we wi l l use an actual meter reading where poss ib le. I f n o meter reading is avai lable for the date mentioned in the not i f icat ion we wi l l es t imate the reading us ing the informat ion that we have avai lable to us.
11. Paying for the energy supplied 11.1 I f you are a prepayment customer, we won’t send you b i l ls , but we wi l l s end
you a statement once a year . The statement wil l show how much energy you’ve used that year and the charges you've paid .
11.2 I f you are a prepayment customer, you must top up your meter in advance in order to receive the supply, and we’ l l deduct the charges you owe us f rom the amount you have pre-paid.
11.3 I f you are not a prepayment customer, we wi l l send you b i l ls in accordance wi th your pr ice p lan. You must pay those b i l ls in accordance wi th your pr ice p lan.
11.4 We wi l l es t imate your statements and b i l ls i f we do not have an up- to-date meter reading. We wi l l adjust your next b i l l on receipt of an actual meter reading or i f other information subsequent ly becomes avai lable.
11.5 Where any credit amount is due to you under the contract , we may use the credi t amount to set -of f against any amounts that you owe us. Set -of f wi l l set t le both the amount owed to you and the equivalent amount you owe us.
11.6 I f you owe your previous energy suppl ier money for the per iod pr ior to the star t of supply under the contract , th is debt may be transfer red to us under the industry ru les. I f th is is the case, you wi l l pay us the amount owed together wi th any reasonable adminis trat ion costs we incur.
12. Deposit payments 12.1 You must pay us a depos it i f we ask you to do so (except i f you are a
prepayment customer) .
12.2 We wi l l only ask you to pay a reasonable amount by way of a depos i t . W e wi l l not ask you to pay a depos it i f you are a prepayment customer.
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12.3 I f you pay us a depos i t , the money you pay us wi l l belong to us. We may use the depos it to set t le your charges dur ing the per iod of the Contract i f you owe us money. W e wi l l pay you an amount equal to the balance of the depos i t af ter the payment of our f ina l bi l l or i f we agree that a depos i t is no longer necessary (once we have deducted any amount necessary to set t le outstanding charges) . For more information, p lease view our depos it pol ic y publ ished on our webs ite .
13. If you have difficulty paying the charges 13.1 Informat ion about what to do i f you are having d if f icu lty paying the charges
can be found on our webs i te .
13.2 I f you do not pay the charges when they are due, we may ( in compliance wi th our supply l icence) :
(a) charge interest at the Bank of England base rate at the relevant time, plus four percentage points;
(b) install a prepayment meter (if one is not already installed), and change your price plan so that you become a prepayment customer;
(c) require you to pay a deposit under section 12 or increase the amount of the deposit you are required to pay;
(d) ask debt collection agencies to act on our behalf;
(e) take legal action against you; and/or
(f) arrange for the supply of energy to the property to be cut-off.
13.3 I f we insta l l a prepayment meter , we can charge you our reasonable costs fo r the work . The charges you pay v ia the prepayment meter may be h igher than you would otherwise have had to pay.
14. Meters 14.1 We wil l ar range for a meter to be (or remain) ins ta l led at the property.
14.2 The meter wi l l e i ther belong to us or to another ent i t y wi th which we have contracted. You wi l l not own the meter , and you wi l l not be able to replace i t wi th an al ternat ive meter .
14.3 You must not in terfere wi th the meter, and you must make sure that i t is not damaged. You must compensate us for any losses or costs that we incur as a resul t of damage to the meter.
14.4 We wi l l not charge you to replace a meter where we choose to replace a meter or where the meter is faulty.
14.5 I f we agree to replace or move the meter at your request , you wi l l pay us the appl icable fee for doing so
14.6 I f we have not taken an actual meter reading, we wi l l es t imate your b i l l based on your previous usage. I f th is is not avai lable we wi l l use industry averages to est imate your energy supply. I f you have provided a meter reading, we wi l l use th is unless we have reason to bel ieve i t is inaccurate.
14.7 You can ask for the meter at the proper ty to be tes ted by an independent meter examiner. I f you ask for a tes t you may be charged for the tes t. I f the
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meter is found to be inaccurate, any charges for tes t ing the meter wi l l be refunded.
14.8 You must inform us immediate ly i f the meter (or any par t of i t ) is faulty or has been damaged or los t .
14.9 Gas meters may measure your supply in cubic metres or cubic feet . The amount of gas you are charged for depends on a number of var iables such as calor i f ic value and p ipe pressure. We wi l l conver t t he meter reading into kWh in accordance wi th the re levant industry ru les.
15. Access to the property 15.1 You wi l l ensure that we and the network operator (or anyone author ised by us
or them) is given safe access to the property at reasonable t imes for al l reasonable purposes in connect ion wi th the supply of energy. This wil l inc lude access for the purposes of reading, inspect ing, mainta ining, removing or replac ing the meter , or for the purposes of cut t ing -of f the energy supply to the property (where we are a l lowed to do so under the contract or the energy legis lat ion) .
15.2 Where reasonably possible (except for meter readings) , reasonable advance not ice wi l l be g iven pr ior to us exercis ing these r ights of access.
15.3 These powers of access are subject to statutory and regu latory restr ic t ions. Any person author ised by us wi l l carry and produce ident i f icat ion. Fur ther detai ls concerning access by us can be found on our webs ite.
15.4 Addi t ional charges may apply i f we have arranged to vis i t the property and you are out or access is not granted.
16. When we can refuse or stop supply 16.1 We can cut-of f the supply of energy to the proper ty i f one or more of the
fol lowing c ircumstances appl ies:
(a) in an emergency;
(b) if the meter is faulty;
(c) if the meter has been tampered with;
(d) if you have not paid the charges when they are due;
(e) it is no longer reasonable for us to continue to supply;
(f) if we are required to do so by the network operator, Ofgem or another competent authority.
16.2 We wi l l apply wi th the appl icable energy legis lat ion and our supply l icence in respect of d isconnect ing and re -connect ing the supply of energy to the property.
17. Changing the contract 17.1 We may, wi thout your consent , amend the contract in any way by g iv ing you
pr ior not ice of the amendment. However , we wi l l never extend the per iod of a f ixed pr ice tar i f f without your agreement .
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17.2 I f we give you not ice of an amendment to the contract that is (or is l ike ly to be) to your d isadvantage ( inc luding i f we increase the charges appl icable to your pr ice plan), then we wi l l not make the amendment i f , wi thin 20 W ork ing Days of our g iv ing you not ice of the amendment:
(a) you end the contract and transfer the property to a new supplier;
(b) you enter into a new contract with us; or
(c) our supply licence prevents us from doing so.
17.3 This sect ion 17 does not prevent us making changes to the contract to ref lec t changes in laws or changes in the industry ru les (as long as we comply wi th our supply l icence) .
17.4 This sect ion 17 does not apply where we change your pr ice p lan in accordance wi th other provis ions of the contract .
17.5 You and we can agree mutual var iat ions to the contract , and we wi l l fo l low the process for mutual var iat ions required by our l icence.
18. Expiry of fixed price tariff 18.1 I f the per iod of your f ixed pr ice tar i f f is due to expire, we wi l l send you a
statement of renewal terms in accordance wi th our supply l icence.
18.2 The statement of renewal terms wil l expla in your opt ions to change suppl ier , to agree another f ixed pr ice tar i f f or to take a supply on the basis of no f ixed pr ice tar i f f . The new f ixed pr ice ta r i f f we of fer you wi l l not be for a longer per iod than your previous f ixed pr ice tar i f f , and wi l l only apply i f you express ly agree to accept the tar i f f .
18.3 Fol lowing the end of a f ixed pr ice tar i f f per iod, i f you have not agreed a new f ixed pr ice tar i f f and i f you have not changed suppl ier (wi th in a reasonable per iod of t ime, as prescr ibed by our supply l icence), then we wi l l move you to the pr ice p lan with the cheapest var iable tar i f f we of fer at the t ime.
19. Ending the contract 19.1 I f you are sel l ing or leaving the property, you must g ive us at least two
Work ing Days ’ pr ior not ice of the date you are sel l ing/ leaving. The contract wil l then end on the date you not i fy. I f you do not give us the required not ice, the contract wi l l end on the date on which any other pe rson enters into a contract with us (or another suppl ier) for the supply of energy at the proper ty.
19.2 You can a lso transfer the property's supply of energy to another suppl ier at any t ime by g iv ing us at least 28 days pr ior not ice. However, we can s top th is transfer to another suppl ier i f you owe us money under the contract . I f you have g iven us not ice to end the contract, but another suppl ier has not become regis tered under the industry rules as respons ib le for the energy supply to the property, then the contract wi l l cont inue.
19.3 Where the contract ends dur ing a f ixed pr ice tar i f f per iod, you must pay us the ex it fee ( i f any) that appl ies to that f ixed pr ice tar i f f .
19.4 We may end the contract i f you have fa i led to pay the charges, i f you have fai led to pay a depos i t , i f we bel ieve that you have tampered with the meter or the supply, i f you have fa i led to comply wi th another important requirement of the contract , or i f you have fa i led a credit check.
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19.5 The contract wi l l automatical ly end i f you i f Ofgem requests another supplier to provide energy to the property under the suppl ier of last resor t scheme set out in our supply l icence.
19.6 We may end the contract in any c ircumstances by giv ing you at least 28 days ' not ice.
19.7 Unless there is a smart meter at the property, you must provide us wi th a meter reading at the end of the c ontract . I f you do not do so, we wi l l est imate the meter reading based on the industry ru les and the las t meter reading we have.
19.8 I f the contract ends for any reason, you and we wi l l not lose any r ights we a lready have ( for example, to c laim any money that is owed i n respect of the per iod of the contract) .
19.9 I f we owe you a credi t af ter the end of the contract (once a l l of the charges have been sett led), we wi l l pay you th is credit (as long as you are s t i l l a t the property or we have a forwarding address).
20. Responsibility for loss or damage 20.1 We are l iab le for death or personal injury caused by our negl igence, and for
any other l iab i l i t ies that cannot be l im ited as a matter o f law.
20.2 We wil l not be l iab le to you under or in connect ion wi th the Contract for :
(a) any loss incurred due to circumstances outside of our reasonable control;
(b) any economic loss or loss of profit, income, use, goodwill, contract or business;
(c) any loss which was not or could not be reasonably anticipated by us when the contract was entered into; or
(d) any loss or damage arising from any interruption in or to the supply of energy (including loss of or damage to food or the costs of repairing, rectifying or reinstalling the operations of any computer or telephone or other electronic systems or gas appliances).
20.3 I f we are l iab le for any loss or damage under or in connect ion wi th the contract (whether in contract or negl igence or otherwise), our l iab i l i t y to you shal l be l im ited to £10,000 for each event (or ser ies of connected events) in any 12 month per iod.
20.4 In the case of loss or damage caused by a network operator , our l iab i l i t y to you wi l l not exceed the amount that we are ent i t led to recover f rom the network operator in respect of that loss or damage.
21. Protecting information 21.1 We may use any information we hold about you (and other members of your
household) to manage your account wi th us.
21.2 The ways in which we col lec t, store, use, share and otherwise process your data are descr ibed in our pr ivacy not ice, which is avai lable on our webs ite.
21.3 You conf i rm that you have the consent of each member of your household to agree to our use of data in accordance wi th our pr ivacy not ice .
21.4 We wi l l take appropr iate technical and organisat ional measures against unauthor ised and unlawful process ing, acc idental loss, destruct ion or damage
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to the informat ion we hold on you (and your household) . We wi l l not pass the informat ion we hold on you outs ide the European Economic Area (EEA) wi thout obta in ing your consent or putt ing in p lace other appropr iate safeguards, but the persons wi th whom we share your informat ion may hold or transfer this informat ion outs ide the EEA, where i t may be less securely protected.
21.5 I f you send us proof of iden t i f icat ion, you are ent i t led to have a copy of the informat ion we hold on you. W e may charge an adminis trat ion fee for th is. For fur ther deta i ls , please contact us in accordance with sect ion 29 (communicat ions). Please see the pr ivacy not ice on our webs ite for fur ther detai ls .
22. Standards of service 22.1 The standards of service that apply under the contract are the guaranteed
standards of service that apply to a l l energy suppliers . You can f ind fur ther detai ls of these on our webs i te .
22.2 I f we fa i l to meet our service qual i t y levels, we may be l iab le to pay you compensat ion.
22.3 I f we make a mistake and don’t b i l l you for energy wi th in 12 months of when that energy was suppl ied , then you don’t have to pay for that energy. This doesn' t apply i f the reason for dela y in b i l l ing was not our fault .
23. Nature of supply, safety and emergencies 23.1 The energy wi l l be del ivered to the property by the network operator . The
network operator is respons ible for mainta in ing the network and the connect ion of the proper ty to the network . The network operator may cut -of f the supply in accordance with the industry ru les . W e are not respons ible for var iat ions or in terrupt ions in the supply of energy.
23.2 We are ent i t led to arrange for the supply of energy to the property to be cut -of f in certa in c ircumstances as descr ibed in our supply l icence, the energy legis lat ion and industry ru les.
23.3 I f you bel ieve that there has been an escape of gas at the property, you must immediate ly cal l the gas network operator on 0800 111 999 and they wi l l provide any emergency services for which you must a l low them access.
23.4 I f your e lectr ic i t y supply is unexpectedly cut -of f , you can contact your e lec tr ic i t y network operator by t e lephoning 105. Further information is a lso avai lable at www.powercut105.com.
24. Pay as you go conditions 24.1 Fur ther informat ion descr ibing how prepayment meters operate can be found
on our webs ite.
24.2 I f you have a prepayment meter which is a smart meter, then you must top -up your meter v ia our webs ite.
24.3 I f you have a prepayment meter which is not a smart meter, you must take care of the card, key, token or other device used to top -up your prepayment meter, in accordance wi th your obl igat ions regarding meters under sect ion 14 (meters).
24.4 You may have to buy a min imum amount of credi t each t ime you top up. This wi l l not be h igher than ten pounds .
24.5 I f you are a prepayment customer, you can get unused credi t back af ter the contract ends (but not before) .
24.6 Customer may have to take card, key or token to an out let to receive refund.
24.7 I f the prepayment meter is not a smart meter or i t is a smart meter but there is a problem with remote access, then any change we make to the charges appl icable to your pr ice p lan may not take ef fect unt i l you top -up your prepayment meter (notwi thstanding the ef fect ive date of that change) .
25. Smart meters 25.1 Fur ther deta i ls on smart meters can be found on our webs ite , a long wi th our
smart meter ins ta l lat i on code of pract ice.
25.2 You must take care of the smart meter (and any IHD) in accordance wi th your obl igat ions regarding meters under sect ion 14 (meters) .
25.3 Any IHD is subject to the ru les on meters set out in sect ion 14 (meters), and you should leave them in the property i f you move house.
25.4 Where a smart meter is insta l led at the property, you consent to us managing your energy account remotely in accordance with the pr ivacy not ice publ ished on our webs ite. This inc ludes remotely reading the meter, remotely swi tching f rom credi t to prepayment, remotely monitor ing the energy supply, and remotely cut t ing-of f the supply (where we are ent i t led to do so under the contract , our supply l icence or legis lat ion) .
25.5 The informat ion ava i lable on the IHD or v ia our webs ite may not perfect ly match the b i l l (as i t doesn’ t conta in any d iscounts, f r iendly credit e tc ) .
25.6 Some of our pr ice plans are dependent on us access ing half -hour ly data f rom your meter . I f you have selected one of these pr ic e p lans, then you wi l l have agreed to us access ing half -hour ly data as par t of your appl icat ion. You can request that we stop col lec t ing half -hour ly data at any t ime, by contact ing us as descr ibed in sect ion 29 (communicat ions) . However , i f you do th is, then we wi l l have to change your pr ice p lan to our cheapest avai lable var iable pr ice tar i f f that does not require half -hour ly data.
26. Feed-in Tariff 26.1 In accordance wi th our supply l icence, we conf irm that we are neither a
Mandatory FIT Licensee nor a Voluntary FIT Licensee (as those express ions are def ined in our supply l icence).
27. Electricity terms of connection 27.1 This sect ion 28 only appl ies to the supply of e lectr ic i t y.
27.2 We are act ing on behalf of your elec tr ic i ty network operator to make an agreement wi th you. The agreement is that you and your e lectr ic i t y network operator both accept the Nat ional Terms of Connect ion (NTC) and agree to keep to i ts condi t ions. This wi l l happen f rom the date that you enter into the contract and i t af fects your legal r ights. The NTC is a legal agreement. I t sets out r ights and dut ies in relat ion to the connect ion at which your e lectr ic i t y network operator del ivers e lec tr ic i t y to , or accepts e lec tr ic i t y f rom, your home
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or bus iness. In the case of some non-domest ic sites, as further described in the NTC, the NTC provide for the cont inuing application of site -specif ic connect ion terms agreed with a previous owner or occupier of the site. Your electricity network operator wil l be able to tell you whether or not site-specif ic connect ion terms exist. I f you want to know the ident i ty of your e lectr ic i t y network operator , or want a copy of the NTC or have any quest ions about i t , p lease wr ite to: Energy Networks Assoc iat ion, 6th F loor , Dean Bradley House, 52 Horseferry Road, London SW1P 2A F or phone 0207 706 5137 or see the webs i te at connect ionterms.co.uk.
28. Communications 28.1 We can contact You at any of the property addresses, or any other address
you give us for th is purpose.
28.2 You can contact us at the addresses set out below, or any replacement addresses that we not i fy to you:
By post: Maple House, High Street, Potters Bar, Hertfordshire, EN6 5BS
Any communications you send us will only be valid if you include your customer
reference number (or, if you do not have a customer reference number, the
reference number by which your meter is identified and the property address). We
will treat all of your communications with us in accordance with the privacy notice
published on our website.
29. Violence, aggression and abuse 29.1 We won’t to lerate v io lence, phys ical aggression or abuse towards our s taf f ,
contractor or agents. We may take legal ac t ion or repor t i t to the pol ice.
30. General 30.1 The contract const i tu tes the whole and only agreement between you and us
re lat ing to the supply of energy to the proper ty. You acknowledge that you have not re l ied on any s tatement or promise made by us which is not set out or referred to in the contract. Addi t ional terms may apply to addit ional products and services we have agreed.
30.2 You author ise us to obta in your supply number o r other re levant informat ion f rom your network company. You a lso author ise us to obta in and use any informat ion your previous suppl ier has about the supply of energy to the property or the meters at the proper ty.
30.3 You consent to us transferr ing our r ights and obl igat ions under the contract to another suppl ier in the future. I f we do so, we wi l l not i f y you and your r ights wi l l be unaf fected. You cannot t ransfer any of your r ights and obl igat ions under the contract wi thout our wr i t ten permission.
30.4 I f we delay in tak ing act ion when you breach the contract, we wi l l s t i l l be ent i t led to take act ion to enforce a s imi lar (or any subsequent) breach of the contract .
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30.5 I f any par t of the contract is declared inval id by a court or regulatory author i ty, the val id ity of the rest of the contract wi l l not be af fected.
30.6 Where more than one person enters into the contract wi th us, each such person shal l be jo int ly and several ly l iab le under the contract .
30.7 No provis ion of the contract shal l be enforceable by any th ird par ty, wheth er under the Contracts (Rights of Third Par t ies) Act 1999 or otherwise.
30.8 In the contract any references to:
(a) we/us/our includes references to our employees, agents and contractors;
(b) laws and industry rules includes references to those laws as modified, amended, extended or re-enacted from time to time;
(c) sections are references to the sections of these Terms and Conditions;
(d) the singular include references to the plural (and vice versa);
(e) the terms ‘include’ and ‘including’ are without limitation to any other matters being included in or covered by the relevant provision; and
(f) person or persons or other entities, are references to any legal or natural person including individuals, companies, sole traders, partnerships etc.
31. Complaints and Disputes 31.1 Detai ls of our complaints procedure can be found on our webs i te . I f we are
unable to resolve the matter to your sat isfact ion, you may refer the complaint to the Energy Supply Ombudsman ( www.ombudsman-services.org/energy). Fur ther deta i ls are set out in our complaints procedure.
31.2 I f the property is in England or Wales, the contract shal l be governed by the laws of England and Wales and any d isputes ar is ing f rom or in connect ion wi th the contract shal l be deal t wi th by the courts of England and W ales. I f the property is in Scot land, the contract shal l be governed by Scots law and any d isputes ar is ing f rom or in connect ion wi th the contract shal l be deal t wi th by the Scott ish courts .
32. Glossary cancel – your right to cancel the contract under section 7 before our supply of energy to you
begins.
charges – all the fees, charges and other amounts you must pay to us under the contract.
contract – the agreement between you and us, as described in section 5 (about the contract)
or section 6 (deemed contracts).
deemed contract – see section 6 (deemed contracts).
deposit - the money you need to pay us as an advance payment, as described in section 12
(deposit payments).
energy - electricity or natural gas (or both), as agreed for the purposes of the contract.
exit fee - a fee that applies to some of our energy tariffs, which you must pay if the contract
ends before the end of the period of a fixed price tariff. Whether or not an exit fee applies will
