|Charges||Agreement rate (in accordance with the agreement, or the out of contract rate or the variable rate), together with any other amounts payable by you to us in accordance with the agreement|
|Climate change levy (CCL)||The tax of the name established pursuant to schedule 6 of the Finance Act 2000|
|Connection point||The point(s) at which the energy flows between the network and your equipment, pipes or wires|
|Contract||Contract to which these terms and conditions are attached along with its annexures|
|Contract rate||The pence per unit charge for the supply of energy specified in the CONTRACT|
|Disconnect||To interrupt, cut-off, de-energise, disconnect or suspend a supply of energy, whether temporarily or on a permanent basis|
|Energy||Electricity, gas or dual fuel, as specified in the CONTRACT|
|Fixed period||The fixed period specified in the CONTRACT commencing on the date we become the responsible supplier or any subsequent fixed period agreed between you and us|
|Variable period||The period that follows the fixed period.|
|Variable rate||Our variable rates for the supply of energy, as initially notified to you or subsequently amended and notified from time to time|
|Industry codes||The codes and agreements referred to in our supply license|
|Metering||For each connection point, the appropriate metering related equipment used for measuring energy consumption data at the connection point and for the collection and transmission of such data|
|Network||Electricity/gas distribution network through which you receive the supply of energy|
|Network operator||The owner and/ or operator of the network|
|Notice period||From 90 days to 30 days before the contract end date|
|Out of contract rate:||Our out of contract rates for the supply of energy notified to you from time to time|
|Property||Each of the properties listed in the CONTRACT, as amended from time to time|
|Termination notice||A notice to inform us that you wish to end the agreement|
|Supply license||Our electricity supply license held under section 6 of the Electricity Act 1989 or our gas supply license held under section 7A of the Gas Act 1986|
|Renewable source electricity||Renewable source electricity, as defined in schedule 6 of the Finance Act 2000|
|Responsible supplier||For each property, the supplier registered under the industry codes as responsible for the supply of energy to the connection point(s) at that property|
|Pass-through charges||Charges made because you exceed the capacity or volume allocated by the network operator. Reactive charges may also apply. Also, any new taxes, levies or duties imposed in relation to the supply of energy to us|
|We/Us/Our||Pozitive Energy Ltd|
|You/Your||The person, people, company or partnership which has entered the contract with us.|
The Contract Period
- Subject to you passing a credit check, the contracted period starts when the supply goes live with us. This is referred as the “Start Date” The contract will end once the agreed upon contract term has been reached. This is referred as the “Contract End Date”.
- We will supply energy to each property from the time at which we become the responsible supplier, and you will pay us the charges for the same as agreed.
- We will become the responsible supplier for each property within 21 days of the date of the contract (or by any later date you have agreed in the CONTRACT), unless we are relieved of our obligation to do so by our supply license.
- The relevant network operator will deliver the energy to each connection point on our behalf. The network operator is also responsible for maintaining the network and the connection of each property to the network, and it may disconnect the supply of energy in accordance with its legal rights to do so.
- Ownership of the energy will transfer to you at the connection point. Responsibility for the energy will transfer to you at the connection point, and you will be responsible for energy losses which are incurred on your side of the connection point.
Disconnecting the Supply of Energy
You agree that the supply of energy to any property may be disconnected
- If you do not make a payment when due under the contract or
if we believe that:
- The energy intended to be supplied to you has been stolen or redirected
- There has been interference with the network or metering
- It is necessary to do so to avoid danger or a breach of an industry code
- If we are obliged to disconnect the property under law, our supply license or any industry code
- After we end the contract in respect of that property, if we remain the responsible supplier.
You agree that we and our designated agents may access a property for the purposes of disconnecting the supply of energy to that property. You also agree that we can disconnect the supply remotely if the metering provides for this.
If the energy supply to any property is disconnected because of something you have done or not done (but should have done) you will
- Compensate us for any losses or costs which we have incurred, because of disconnecting the supply
- Compensate us for any costs which we incur in re-establishing the supply
If we request, provide us with a performance bond in an amount which we reasonably determine to approximate to the value of three months’ supply of energy.
If you ask us to do so, we will send you our current charges for disconnecting and re-establishing a supply.
We will give you notice of our intention to disconnect a supply to a property in accordance with our obligations under law, our supply license and the industry codes.
You confirm that none of the properties are a property at which a supply of energy is taken wholly or mainly for domestic purposes.
You will notify us
- Before you make changes to the properties that are likely to alter the amount of energy you consume or the time of day that you consume it
- If the contract is for the supply of electricity, before you install electricity generating equipment at a property
- If the contract is for the supply of electricity, before you change the voltage at which you take the electricity supply.
- To provide us with the assistance and information that we reasonably require to enable us to comply with our obligations under the agreement, our supply license and the industry codes.
- To maintain the equipment, pipes and wires at each property in good and safe working order and in compliance with law.
- To ensure that each property remains connected to the network at the relevant connection point, and to maintain and comply with all necessary agreements and consents for such connection.
- Not to enter into a contract with any third party for the supply of energy to any property during the fixed period or during any notice period applying during the variable period.
You agree that we can pass on to third parties’ information concerning the supply of energy or information you provide to us, and we will do so in accordance with law, our supply license and the industry codes.
You confirm that all the information provided by you in relation to the contract is accurate and complete, and not misleading.
You agree that we may obtain from your previous energy supplier (or other relevant industry parties) any information we reasonably require to supply energy to the properties.
If you believe that there is an escape of gas, you must immediately call the network operator on 0800 111 999 and they will provide any emergency services for which you must allow them access.
You agree to us contacting you in relation to the contract using any contact details you have provided to us.
Metering and Estimates
We will arrange for metering to be installed at each property
The metering will either belong to us or to another entity with which we have a contract with.
You will not own the metering, and will not be able to object to any transfer of the ownership of the metering that may take place or to its replacement with alternative metering.
You will allow our representatives reasonable access to each property at reasonable times to install, read, inspect, maintain, remove or replace the metering. You also agree that this right of access extends to the entity that owns the metering, and to any of our designated agents.
You will not interfere with the metering, and will make sure that it is not damaged. You will compensate us for any losses or costs that we incur due to damage to the metering.
Where we agree to replace the metering at your request, you will reimburse us for any losses and expenses that we incur (including abortive visit charges) in regards to such change other than those arising due to our failure to meet our obligations.
We will arrange for the metering to be read. You may also provide us with readings. We will use the readings you provide to us, but not if they are inconsistent with the readings taken by us or our designated industry approved agents for the purpose.
If a meter reading is not available, or is in our reasonable belief inaccurate, we will estimate the amount of energy used by you and will charge you accordingly. Any such estimates shall be subject to reconciliations as actual or more accurate information becomes available.
If you reasonably believe that the metering at a property is inaccurate, you can ask us to test the metering. If you ask us, we will arrange for the metering to be tested within a reasonable period. If the accuracy of the metering is found to be within the limits prescribed by the industry codes, you will reimburse us for the cost of the test. If the accuracy of the metering is found to be outside the limits prescribed by the industry codes, we will repair or replace the metering. If the accuracy of the metering is found to be outside the limits prescribed by the industry codes, we will also apply a reasonable adjustment (up or down) to the charges to reflect the inaccuracy.
You consent to us obtaining, storing and using consumption data from the metering relating to periods of less than one month in duration. We will only use this data for the purposes of optimising settlement and forecasting; identifying energy efficient savings and products; and the monitoring and control of potential energy theft.
You will pay us the charges for the energy supplied. Amounts set out in the contract are stated exclusive of value added tax and climate change levy which will be payable by you (where applicable in accordance with law).
We will, each month or at such other intervals as we agree with you, send you an invoice in respect of the charges for the relevant period. We will send the invoice through e-billing facilities or prepaid post subject to additional charges for paper billing. E-billing facilities may at our discretion entail us sending the invoice to an e-mail address maintained by you, or uploaded onto your e-billing account on our website. You will maintain an email address for this purpose, and notify us of the address. If an e-billing account is used, you will keep your password secure and confidential, and we may close your e-billing account at any time without notice if we have reason to believe that the account is being accessed or used in an unauthorised manner.
You will pay the charges shown in each invoice to us by Direct Debit (unless otherwise agreed) within 10 days of the date of an invoice or statement.
If you do not pay the charges by the payment date, we will charge you interest on the overdue amount at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1988 (which is 8% above the Bank of England base rate).
This clause will apply if a Direct Debit request is returned unpaid by your bank twice in any 12-month period, or you pay by a means other than Direct Debit without our prior agreement, or you fail to pay any invoice by its due date. We may also charge you an administration fee. This clause applies in addition to any other rights or remedies we may have.
Where any credit amount is due to you under the agreement, we may use the credit amount to offset against any amounts that you owe us under the agreement. Offset will settle both the amount owed to you and the amount you owe.
Where a credit arises, we will deduct the amount we take by Direct Debit.
However, if we have consented to payment terms other than by Direct Debit or if the credit is greater than the amount owing to us, then we will credit the amount to an account operated by us for that purpose. We will pay any such amount to you on request. We will send the reconciliation notice or credit note to your address as held by us, unless we are aware that you are no longer in occupation of the property and you have not provided a forwarding address.
If you do not pay any of the charges by the payment date, and you are more than 10 days late in making payment, all our unpaid invoices under the contract will be deemed to be immediately due and payable. In addition, we will be entitled to require you to
- pay the charges for each month in advance based on our estimate of likely energy consumption in that month (subject to a subsequent reconciliation against actual consumption at least once in every 12-month period); or
- pay us a cash deposit in an amount equal to our estimate of our likely exposure to you under the contract (in which case title in such amount will vest in us, but we will pay you an equal amount after the payment of our final invoice following the end of the contract (subject to any amounts deducted by us in settlement of outstanding invoices under the agreement).
If you do not pay any of the charges by the payment date, we may pass information relating to you onto a credit reference agency.
End of Fixed and Variable Periods
Following the expiry of any fixed period, the contract will continue and will enter the variable period.
During the variable period, you will be charged at the variable rate.
Towards the end of the fixed period (but before your notice date), we will send you a notice. We will send this notice on a date set in accordance with our supply license. This notice will set out the initial variable rate that will apply if your contract enters the variable period.
Termination during a fixed period
- you may give notice during the fixed period (but only on or before your notice date), that you wish to end the contract with effect from the end of the last day of the fixed period by giving us a termination notice.
- you may give notice during a variable period (or during the fixed period, but after your notice date), that you wish to end the contract by giving us a termination notice a minimum of 30 days before you want the contract to end (please note that the contract cannot end before the end of the fixed period).
Following a valid termination notice, you must ensure that another supplier becomes the responsible supplier with effect from the end of the fixed period, and if:
- another supplier becomes the responsible supplier at the end of the fixed period, then the contract will end and will not enter a variable period; or
- we are still the responsible supplier at the end of the fixed period, then the contract will enter a variable period and you will have a further 30 days during which time you can arrange for another supplier to become the responsible supplier. If this does not happen, then your termination notice will lapse and you will have to issue a new 30 days termination notice order to change supplier.
If you give a termination notice for any reason, then the contract will only end when another supplier becomes the responsible supplier or the supply to the property is disconnected.
You can provide a termination notice by writing to us at 7th Floor Wellington House, 90-92 Butt Road, Colchester, Essex,England, CO3 3DA, calling us on 03333 70 9900 or emailing us on email@example.com
Ending the Agreement
Where you will no longer be the owner or occupier of a property, you must give us prior notice of the date the change in ownership or occupier is expected to occur and the agreement shall end in respect of that property from the date we get into an energy supply agreement for that property with another person (which may be deemed to occur under law).
If we serve a notice of change in charges, you may end the agreement by informing us within 30 days after you receive the notice. In these circumstances, the agreement will end 30 days after the date that you so inform us.
We may end the agreement at any time for any or all of the properties if:
- you fail to pay when due any amount payable by you under the agreement, and do not pay such amount in full within 10 days after us informing you of such failure.
- you are in material breach of any of the provisions of the agreement (other than failures to pay), and such breach is not remedied to our reasonable satisfaction within 2 days after us informing you of such breach.
- you are deemed in accordance with law to be unable to pay your debts, or any legal proceedings or other steps are taken in relation to: your winding-up or liquidation; the appointment of a liquidator, receiver, administrator, administrative receiver or similar officer in respect of you or your assets; a composition, assignment or arrangement with your creditors.
- it becomes unlawful for you or us to comply with any material provision of the agreement.
- a landlord’s consent is required for us to become a supplier of energy to the property (including for us to use a network that is not operated by a statutory licensee), and you have not obtained such consent on terms acceptable to us (or that consent ends);
- we have not been able to become the responsible supplier for the property within
- 30 days after the property first becomes subject to the agreement; or
- the energy is gas and the property is subject (under the industry codes) to daily meter reading.
If we end the agreement in respect of any or all the properties, we will inform you of the date the agreement will end (and, if the agreement is not ending, of the affected properties).
- The contract will end automatically and with immediate effect if our supply license is revoked, or if a last resort supply direction (as defined in our supply license) is given to another supplier in respect of the supply of energy to the properties.
- If we continue to be the responsible supplier at any property after we end the agreement in respect of the property, then the fixed period or the variable period will end for the property but the agreement will not. The agreement will continue to apply until you we are no longer the responsible supplier or the property is disconnected. However, you will be charged at the out of agreement rate, and you will reimburse us for all the costs that we reasonably incur until the supply to the property is disconnected or until another supplier becomes the responsible supplier.
- The ending or expiry of the contract for whatever reason will be without prejudice to your and our rights and remedies which have accrued prior to the end or expiry of the agreement.
- Such ending or expiry will also be without prejudice to the continuing validity of any provision of the contract which expressly or by implication is intended to come into or remain in force on or after the end or expiry of the agreement.
A non-domestic consumer is defined as a micro business if they meet one of the following criteria:
- Employs fewer than 10 employees (or their full-time equivalent) and has an annual turnover or balance sheet no greater than €2 million, or
- Consumes not more than 100,000 kWh of electricity per year, or
- Consumer not more than 293,000 kWh of gas per year.
Micro business customers can give a termination notice at any time during their contract. However, they are still bound by the termination stipulations highlighted within this contract.
If either we or you are unable to perform any of the obligations under the contract (other than payment obligations) because of some unforeseeable event or circumstance beyond the affected party’s reasonable control, then the contract will remain in full effect but the affected party will have no liability for such failure to perform.
We have no obligation in respect of the energy supply if the supply is shut-down, interrupted, delayed, reduced or impaired because of any actions by the network operator.
We will be liable to you in respect of physical damage to property which results directly from our breach of the contract and which was reasonably foreseeable at the date of the contract as likely to result from such breach.
- We will not be liable to you for any loss of profits, revenues, agreements, interest, business, goodwill or opportunity arising from the agreement.
Our total aggregate liability arising from the contract (whether in agreement, negligence or otherwise) will in no circumstances exceed the average total charges payable to us each year.
We will not be liable to you in respect of any damage to equipment installed or stored at the property by third parties. We will not be liable either to you or to any third party for any costs incurred by you because of you entering into a contract with a third party.
The exclusions and limitations of liability will not apply to death or personal injury caused by our negligence, or in the case of our fraudulent misrepresentation.
You will compensate us in full for any loss or cost we suffer from your breach of the agreement.
All notices or other communications to be given by us or you to the other in relation to the contract must be:
- in writing and addressed and sent to the recipient’s address or number as shown in the CONTRACT
- post or email or fax.
All notices or other communications sent will be deemed to have been received
- in the case of delivery by hand or courier, when delivered.
- in the case of prepaid post, on the third day following the day of posting.
- in the case of email, on receipt by the recipient’s email server,
- unless receipt would otherwise occur outside of normal working hours, in which case receipt will be deemed to have occurred at 0900 hours on the next normal working day.
The contract constitutes the whole and only contract between us and you relating to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given on our behalf which is not set out in the agreement.
No delay or omission by either us or you 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.
- You will not transfer any of your rights or obligations under the contract without our prior written consent.
We may transfer the contract (or our future rights and obligations under the agreement) to any entity that has the necessary statutory authorisations to supply energy to the property. You agree that, from the date you are notified of such a transfer, you will accept such person in substitution for us. We may also sub-agreement any of our obligations under the agreement.
If a provision of the contract is declared invalid or illegal or unenforceable, that provision will be deemed omitted from the agreement, and the other provisions will continue to apply.
If any of the provisions of any industry code are amended or varied or cease to apply, you will, at our request, agree to amend the contract to accommodate any such amendment, variation or cessation in such manner as we reasonably require.
Subject to restrictions imposed by law or under the industry codes, we reserve the right to raise a notice of objection in relation to any of the properties at any time during the fixed period or variable period or if any invoices under the contract remain unpaid beyond their due date.
No provision of the agreement shall be enforceable by any third party, whether under the Agreements (Rights of Third Parties) Act 1999 or otherwise.
The contract would be governed by and read in accordance with the laws of England, and subject to the jurisdiction of the courts of England and Wales.