header grey circle

Terms and Conditions

Last updated 18 July 2022

1. General Terms

1.1. These Terms and Conditions are for business customers (which includes Microbusiness Customers). They should be read alongside your Contract, which together make up the Agreement between us.

1.2. The Agreement is between us, (Pozitive Energy Limited) and you, where you have decided to enter into an Agreement for the supply of gas, electricity or both to Non-Domestic Premises.

1.3. Please note that any reference to the word ‘Property’ means Non-Domestic Property.

1.4. Please note that references to the word ‘Energy’ means electricity or gas which we have agreed to supply to your Property, subject to these Terms and Conditions. These Terms and Conditions apply separately in respect of each account under which we supply you with Energy.

1.5. Please read them carefully so that you are fully aware and understand our mutual obligations and responsibilities. In the event of inconsistency with any other document, these Terms and Conditions will prevail over any other document between us including, your Contract unless otherwise agreed with you.

1.6. These Terms and Conditions apply to Fixed Price Energy Plans, Standard Variable Rate Contracts and Deemed Contracts. These Terms and Conditions apply to Flexi Price Energy Plans unless otherwise specified in the Contract. 

2. Definitions 


Actual Meter Readings means a meter reading taken at the Property by us or an appointed agent, a meter reading taken remotely, or a meter reading taken by you read from your Metering.

Advanced Meter means type of Metering that measures consumption data in multiple time periods and such data can be accessed by us remotely.

Advance Payment means a sum of money equal to one, two, or 3 months’ billing based on your estimated annual consumption.

Available Capacity means the total agreed maximum amount of Energy that the local Network Operator is required to make available in relation to your supply, as set out in any contract between you and the Network Operator.

Agreed Capacity Charge means a charge for the amount of Energy that is reserved for your Metering to be used at any time expressed in pence per kilovolt ampere (kVA) per day, which is agreed between you and the Network Operator and passed through by us from the Network Operator.

Bill means an invoice or statement that informs you of the amount of money owed to us by you, including any detailed breakdown of our Charges.

Capacity Excess Charge means a charge for instances when the Agreed Capacity has been exceeded. Expressed in pence per kilovolt ampere (kVA) per day, which is set by the Network Operator and passed through by us from the Network Operator.

Charges means the amount of money you owe us, including any fees you may incur, payable by you to us in accordance with your Agreement with us.

Commencement Date means the date we confirm acceptance of our Agreement in writing.

Connection Point means, in respect of each Property, the point(s) at which the Energy flows between the Network and your Metering, pipes or wires.

Contract means the supply contract between us and you that forms part of your Agreement with us or Deemed Contract.

Current Transformer Meter means type of Metering which uses a current transformer as part of the mechanism for measuring the electric current.

Deemed Contract means a contract between you and us to supply Energy to the Property under these Terms and Conditions, without entering into a formal agreement with us for those services.

Director means a director as defined in the Companies Act 2006.

Due Date means the date by when we must receive the payment of Charges due from you, as specified in your in your Contract, in your Bill, or any other statement setting out amounts which you owe us.

End Date means the last date of the Fixed Term.

Fixed Term means the length of time during which your prices are fixed or flexed (as the case may be) as agreed between you and us and specified on your Contract.

Half-Hourly Meter means type of Metering that measures consumption data in multiple periods and is able to provide such data in half-hourly periods.

Industry Codes means the codes and agreements referred to in our Supply Licence.

Large Gas Meter means type of Metering that is designed to operate with a maximum flow rate of greater than 11 cubic metres per hour.

Leaving Notice means a notice from you to us informing us of change of Property owner or occupier. The notice must include the following details:

a) The date you are leaving the Property;
b) Your new contact details; and
c) If you are the occupier of the property, the details of the Property owner.

Metering means, for each connection point, the appropriate metering (and related equipment) used for measuring Energy consumption at the connection point and for the collection and transmission of such data.

Microbusiness Customer means a non-domestic customer who meets one of the following criteria:

d) Employs fewer that ten (10) employees (or their full-time equivalent) and has an annual turnover or balance sheet no greater than €2million; or
e) uses no more than 100,000 kWh of electricity a year; or
f) uses no more than 293,000 kWh of gas a year.

Network means, as the case may be, either the electricity distribution network or the gas distribution network, through which you receive the supply of Energy.

Network Operator means, in respect of each property, the owner or operator of the Network.

Non-Domestic Property means Non-Domestic Premises as defined in the condition 6 of the Supply Licence.

Ofgem means the Office of Gas and Electricity Markets, an industry regulator set up by Parliament to protect the interests of energy customers.

Outstanding Charges means the amount of any Charges which are due to us from you, and which remain unpaid after the Due Date.

Property means any part of any land, building or structure that you wish to be supplied under your Agreement with us and at which the supply of Energy is used wholly or mainly for business purposes.

Reactive Power Charge means a charge for the electricity used to power up certain industrial and commercial equipment before working electricity is used to operate it, such as equipment that generates a magnetic field before full operation, expressed in pence per kilovolt ampere reactive hours (kVArh). It is calculated by the Network Operator and passed through by us from the Network Operator.

Related Metering Points means two or more metering points that supply the same customer and are located at the same (or any part of the same) Property.

Relevant Metering means type of Metering that we are required by our Supply Licence or Industry Codes to install and operate at your Property, and which includes Smart Meters, Advanced Meters, Current Transformer Meters, Half-Hourly Meters or Large Gas Meters.

Responsible Supplier means, 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.

Shipperless Property means a property that has no current registered shipper but previously had one, and for which it has been established that gas is being consumed through Metering.

Smart Meter means type of Metering that complies with the Smart Metering Equipment Technical Specification Version 2 or later and enables us to access the information held of the smart meter remotely.

Standard Variable Rate Contract means a Contract with variable prices that can go up and down. The prices are available on the website https://pozitive.energy.

Supplier of Last Resort Direction means when Ofgem appoints another supplier to take over responsibility for our customers.

Supply Licence means either, as the case may be, our electricity supply licence held under section 6 of the Electricity Act 1989 or our gas supply licence held under section 7A of the Gas Act 1986.

Supply Start Date means the date we aim to start your supply of Energy to the Property under your Agreement with us.

Supply Transfer means, in relation to any Property at which a supplier is supplying Energy (gas and/or electricity), the transfer of responsibility for that supply (gas and/or electricity) from one supplier to another.

Termination Fee means a payment by you where your Agreement with us is terminated before the end of the Fixed Term and this payment is calculated in accordance with clause [10.3].

Termination Notice means a notice from you as a Microbusiness Customer to us that you wish to end your Agreement with us given in accordance with clause [9.5.2].

Unregistered Property means a property that has never been registered by a shipper but where there is Metering fitted and it has been established that gas is being consumed through Metering.

Day/Night Timings 07:00 AM to 12:00 AM / Night: 12:00 AM to 07.00 AM

Day/Night Evening/Weekend Timings Day: 07:00 AM to 07:00 PM (Weekdays) / Night: 12:00 AM to 07:00 AM (Weekdays) / Evening: 07:00 PM to 12.00 AM (Weekdays) / Weekend: Saturday 12:00 AM to Sunday 12:00 AM

3. Deemed Contract


3.1.
If you have become responsible for the Property where we currently supply Energy to you or otherwise you have become legally responsible for the Metering at the Property supplied by us, you will have a Deemed Contract with us.

3.2. A Deemed Contract comes into force on either:
3.2.1. The date we began to supply you with Energy;
3.2.2. The date you began to take supply of Energy from us.

3.3. When a Deemed Contract arises because Ofgem tells us to begin to supply you with Energy, we will honour the amount of credit owed to you by your previous supplier to the extent we had made such commitment to Ofgem prior to our appointment as your new supplier.

3.4. If you have a Deemed Contract with us these Terms of Conditions should be read as follows:
3.4.1. Our obligations in section 4 apply except for clauses [4.1, 4.2, 4.4, and 4.5];
3.4.2. Your obligations in section 5 apply except for clause [5.6];
3.4.3. All Supply, Access and Meters obligations in section [6] apply;
3.4.4. Your Tariffs obligations in section [7] apply except clause [7.3];
3.4.5. Payments obligations in section 8 apply except for clause [8.5];
3.4.6. All Renewal and Termination obligations in section [9], Termination Fee obligations in section [10], and Objection obligations in section [11] are excluded;
3.4.7. Disconnection obligations in section [12] apply except for clause 12.2.7;
3.4.8. All Liability obligation in section [13], Other Conditions obligations in section [14], Confidentiality obligations in section [15], Privacy and Data Protection obligations in section [16] and Complaints obligations in section [16] apply.

3.5. We will charge you for the supply of Energy at our Deemed Contract prices. Our Deemed Contract prices are available on the website https://pozitive.energy.

3.6. Your Deemed Contract with us will end:
3.6.1. When you enter into an Agreement with us;
3.6.2. Following completion of a Supply Transfer to another supplier. Your Deemed Contract with us will end on the Supply Start Date with your new supplier;
3.6.3. When you give us a Leaving Notice that you no longer will be responsible for the Property or the Metering at the Property, we supply Energy to, prior the date when you stop being responsible for that Property or Metering;
3.6.4. When we permanently disconnect the supply of Energy to your Property;
3.6.5. When Ofgem makes a Supplier of Last Resort Direction.

3.7. For the avoidance of doubt, if you have a Deemed Contract you are not required to provide us with a Termination Notice and we will not charge you a Termination Fee should you wish to complete a Supply Transfer to another supplier.

4. Our obligations


4.1.
Your Agreement starts on the Commencement Date and will continue until either the End Date or the date your Agreement is terminated in accordance with section [9].

4.2. In certain circumstances we may (but will not be obliged to) vary the Charges, or add or amend a provision of your Agreement with us. These circumstances may include (but be not limited to):                                          4.2.1 A supply point is added, replaced re-energised, re-connected, or its voltage, measurement class or profile class is amended;                                                                                                                                                         4.2.2 Your actual consumption is materially different the estimated annual consumption of electricity and annual quantity of gas according to the amount as held to be standard by the Industry.

4.3. During the term of your Agreement with us we will supply Energy to you in accordance with these Terms and Conditions. We will supply Energy via the relevant Network Operator who will deliver the Energy to each Connection Point on our behalf. The Network Operator is responsible for maintaining the network and the connection of each Property to the network and may disconnect the supply of Energy where it is in accordance with its legal rights to do so.

4.4. We will take reasonable steps to complete a Supply Transfer in five (5) working days from the Commencement Date unless:
4.4.1. You have requested that the Supply Start Date is a later date;
4.4.2. You notify us that you do not wish for the Supply Transfer to take place;
4.4.3. The supplier who is the current Responsible Supplier raises an objection to the Supply Transfer in accordance with their terms and conditions;
4.4.4. We do not have all the information requested from you to complete the Supply Transfer, despite our reasonable efforts to obtain such information;
4.4.5. Your Property is part of an exempt distribution system;
4.4.6. Other circumstances beyond our reasonable control; or
4.4.7. The Commencement Date is after 5pm on a working day, in which case we will take reasonable steps to complete a Supply Transfer in five (5) working days from the next working day after the Commencement Date.

4.5. If on the day after the Supply Start Date, the Property is still being supplied by another supplier, we may agree another Supply Start Date. If your new Supply Start Date is more than thirty (30) days from the Commencement Date, we reserve the right to enter into another Agreement with us.

4.6. In the event that the supply of Energy to your Property is temporarily interrupted we will pass on any relevant compensation payments we receive from your Network Operator as a result of such temporary supply interruption.

4.7. We will report cases of suspected or actual theft to a central theft risk assessment service. We will refer individual cases to regional revenue protection services, who will carry out site visits and take any appropriate action.

5. Your obligations


5.1.
You agree to carry out your responsibilities under this Agreement, including to take the Energy supplied to you by us and to pay any of the Charges due. This includes any additional Charges which may become due at any point during the term of our Agreement.

5.2. You agree that, so long as we are the Responsible Supplier, Energy supplied to your Property will be treated as having been supplied under our Agreement, even if you have a contract for the supply of Energy to your Property with any other person.

5.3. Ownership of the Energy will transfer to you at the Connection Point, where responsibility for the Energy will become your responsibility. Therefore, you will be responsible for Energy losses which are incurred on your side of the Connection Point.

5.4. You represent and warrant:
5.4.1. You are the owner or occupier of the Property (or will be on the agreed Supply Start Date);
5.4.2. The Property is and remains connected to the Network Operator’s network at the relevant Connection Point;
5.4.3. All of the information provided by you (or on your behalf) in relation to the Contract is accurate and complete, and not misleading;
5.4.4. You have or will obtain authorisation from your landlord to install Metering and associated equipment relating to the Property;
5.4.5. Maintain all pipes, equipment, wires, meters, and cables, as well as any other fittings belonging to you and used in conjunction with the supply on your side of the Metering (which starts at the Connection Point) in good working order and safe condition in compliance with the law at all times;
5.4.6. Provide us with the assistance and information that we reasonably require to enable us to comply with our obligations under your Agreement with us, our Supply Licence, and the Industry Codes.
5.4.7. Any and all Properties to which Energy is supplied under your Agreement with us are Non-Domestic Properties;
5.4.8. You will contact the National Gas Service Emergency Line immediately if you believe or suspect that there is or may be an escape of gas, by calling 0800 111 999 and allow the access necessary for the emergency services to be provided. In the case of an electrical emergency, you will dial 105.
5.4.9. You will inform us after any such emergencies and cooperate with any further steps required by us.

5.5. You agree to maintain and comply with all necessary agreements and consents for connection to the Network Operator’s network at the relevant Connection Point.

5.6. You are responsible for terminating your agreement with your current supplier and ensuring that they have no cause to object to a Supply Transfer to us under your agreement with them.

5.7. When you are the occupier of the Property, you agree to provide us with the name, address, and telephone number of the owner of the Property at the start of your Agreement with us. If there are any changes to the Property owner, you agree to notify us of the changes in writing at least thirty (30) days prior the changes are due to be made or as soon as you become aware of them.

5.8. You agree to notify us in writing at least thirty (30) days prior the occurrence of the following events:
5.8.1. you make changes to the Property that are likely to alter the amount of Energy consumed or the time of day it is consumed;
5.8.2. if the Contract is for the supply of electricity, you install electricity generating equipment at the Property;
5.8.3. if the Contract is for the supply of electricity, you change the voltage at which you take the electricity supplied;
5.8.4. you make or anticipate any changes to the estimated minimum amounts of Energy you will require.

5.9. You agree to our contacting you in relation to your Agreement with us using any contact details provided to us by you

5.10. You acknowledge that as part of the provision of Energy to your Property, we may require information from your previous supplier. We may obtain from your previous supplier (or other relevant parties) any information which we reasonably require in the course of supplying Energy to the Property.

5.11. You must inform us immediately if at any point during the term of your Agreement with us you either become or stop being a Microbusiness Customer. We will not change the tariff you pay for the Energy supplied or the Terms of Conditions for the remainder of the term of your Agreement, however, you may be subject to additional taxes, duties or levies

5.12. You must inform us immediately if at any point during the term of your Agreement with us if any Property we supply Energy to under your Agreement with us stops being a Non-Domestic Property. We will not change the tariff you pay for Energy supplied to any such Property or the Terms and Conditions in respect of any such Property for the remainder of the term of your Agreement with us, however, you may be subject to different taxes, duties or levies. We will arrange a Supply Transfer of any such Property to another supplier from termination.

6. Supply, Access, and Meters


6.1.
We may arrange for Metering to be installed, as necessary, for the Property supplied with Energy under your Agreement with us. Where relevant, you confirm that you are legally able to and have permission to allow us or agents working on our behalf into the Property and you will give us full access to the Metering whenever we require access (including agreeing to our gaining remote access).

6.2. Where we install the Metering, it will either belong to us or to a third-party with which we have a contractual relationship. You will not own the Metering and will not be able to object to its replacement with alternative Metering or the transfer of ownership of the Metering if replacement takes place.

6.3. You agree to, at all reasonable times, allow your Network Operator or us (including relevant employees, representatives, agents, and subcontractors) to have safe, full, and free access to the Property and Metering, including any equipment, wires, cables, and other fittings used in connection of the supply of Energy to your Property under your Agreement with us in order to install, read, maintain, inspect, remove or replace the Metering or any associated equipment. If there are any obstructions that prevent us (or any of our agents or contractors) from gaining access to your Property and Metering, you are responsible for removing the obstruction and for the cost of doing so.

6.4. You will take reasonable steps to ensure that all Metering and associated equipment (whether it belongs to us or a third-party) on or at your Property is not lost, stolen, or damaged. You agree to pay us for any costs we may incur (either directly or indirectly) in replacing or repairing lost, stolen, or damaged Metering unless the damage is caused by our act or omission.

6.5. Where we agree to replace the Metering at your request, you will reimburse us for any loss or expense that we incur (including abortive visit charges) in regard to such a change, where such a request is due to some reason other than that arising due to our failure to meet our obligations.

6.6. If you cancel your appointment less than seventy-two (72) hours prior to the appointment date, we will charge you an appointment cancellation fee of one hundred (100) GBP.

6.7. It is your responsibility to provide us with meter readings on a monthly basis. We will use the readings you provide to us so long as that they are not inconsistent with the readings taken by us or our designated industry approved agents. We may, at our discretion, make arrangements for the Actual Meter Readings to be provided to us.

6.8. For the Properties that have Half-Hourly Meters, you will contract with a meter operator agent (as defined in the Industry Codes) for the maintenance of those meters. You will notify us of the entity with which you have contracted at least thirty (30) days in advance of the Supply Start Date (and in advance of any replacement). Where this clause [6.8] applies, you will be responsible for the accuracy of the meters and you will compensate us for any losses and costs we incur as a result of the poor performance of your agent.

6.9. If an Actual Meter Reading is not available or, where provided by you, it is in our reasonable belief inaccurate, we will estimate the amount of Energy used by you and will charge you accordingly. The estimate will be based on the estimated annual consumption of electricity and annual quantity of gas according to the amount as held to be standard by the Industry. Any such estimates shall be subject to reconciliations as actual or more accurate information becomes available to us.

6.10. If you reasonably believe that the Metering at the Property is inaccurate, you may ask us to test it. If you make such a request, we will arrange for the Metering to be tested within a reasonable period of time. 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 at our own cost and will apply a reasonable adjustment (up or down) to the Charges to reflect the inaccuracy.

6.11. We may need to change your Metering or related equipment in order to comply with Industry Codes or the Supply Licence. If we identify that your Metering needs to be changed, we will contact you to advise you on the next steps and any additional Charges that may become due as a result of the Metering change.

6.12. If we (including relevant employees, representatives, agents, and subcontractors) contact you to arrange to install Relevant Metering, you will allow us access to complete the installation without unreasonable delay. Where we are unreasonably denied access, we may ask you to pay any costs we have incurred, and we reserve the right to terminate your Agreement with us.

7. Charges


7.1.
The Charges will be based on the prices and any taxes, duties or levies at the prevailing rate. The prices as well as any taxes, duties or levies that are applicable to you will be stated in your Contract.

7.2. The Charges may include pass through Charges. Any applicable pass through Charges will be stated in your Contract. If you have a Current Transformer Meter you will agree your Available Capacity with the Network Operator and will be subject to Agreed Capacity Charges. You may also be subject to Reactive Power Charges and Capacity Excess Charges.

7.3. Subject to clause [7.4], pass through Charges may be fully fixed or fixed at forecast. This will be stated in your Contract. Where pass through Charges they are fixed at forecast, in certain circumstances we may vary your pass through Charges. These circumstances may include (but be not limited to):
7.3.1. You become subject to Agreed Capacity Charges, Reactive Power Charges and Capacity Excess Charges;
7.3.2. Our forecast view of your pass through Charges for a specified period materially varies your actual pass through Charges over the same period.

7.4. Any taxes, duties, levies that are introduced during the term of your Agreement with us and are payable by us for supplying your Energy will be charged to you in addition.

7.5. If you have a contractual relationship with a third-party provider for meter maintenance and data collection and aggregation services, we reserve the right to apply an administration fee for each meter which requires migration to your third-party provider.

8. Payment


8.1.
Your payment method will be stated in the Contract.

8.2. We will, each month or at such other intervals as stated in your Contract or otherwise agreed with you, send you a Bill for the relevant period. Bills are generated within forty-eight (48) hours after a meter reading is taken or provided to us by you.

8.3. The Charges may be based on a reasonable estimate of how much Energy you have used, on information we have about the Property, and the estimated annual consumption of electricity and annual quantity of gas as stated by the Industry. You must pay the Charges shown on the Bill by the Due Date, including where the Charges are based on such an estimate.

8.4. We will send the Bill to your e-billing account or prepaid post subject to additional charges for paper Bills. For customers wishing to receive paper Bills, an administration fee of two (2) GBP will be added to each Bill.

8.5. E-billing facilities may at our discretion entitle us to send the Bill to an e-mail address maintained by you or upload it onto your e-billing account. You will maintain an email address for this purpose and notify us of any changes to your email address. If an e-billing account is used, you will keep your password secure and confidential. We may close your e-billing account at any time without notice if we have reasons to believe that the account is being accessed or used in an unauthorised manner.

8.6. We will create your direct debit mandate within ten (10) days from the Commencement Date or the date you contact us to do so. If for any reason we are unable to create your direct debit mandate, for instance if the information you have provided us is incorrect, we will treat this as a direct debit cancellation, and you may incur an administration fee.

8.7. If you pay by fixed direct debit, the first payment will be taken on or around the tenth (10th) day of the month. Ongoing Direct Debit payments will be taken on or around the same day of each month as the first payment. We reserve the right to increase or decrease the amount of fixed direct debit billed to you within a reasonable margin, depending on shifts in your usage patterns.

8.8. If you pay by variable direct debit, payment will be debited from your account within seven (7) to ten (10) days from a Bill being issued.

8.9. If you pay by BACS/CHAPS, electronic transfer or debit/credit card, cleared funds must reach us by the Due Date and payment must be correctly referenced. If we are unable to identify your payment because of your failure to correctly reference it, we may treat it as non-payment and take steps in accordance with clause [8.11].

8.10. You must make sure that there is enough money in your account to cover the Charges. If you cancel your direct debit without prior notice before we can collect any payment due, you must contact us immediately to confirm your new payment method

8.11. If you do not pay the Charges by the Due Date, we will be entitled to take any of the following steps:
8.11.1. Charge you interest on the overdue amount at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1988 (which is eight (8) per cent above the Bank of England base rate);
8.11.2. Charge you an administration fee in accordance with the Late Payment of Commercial Debts (Interest) Act 1988;
8.11.3. Demand payment of all unpaid Bills under your Agreement with us which will be deemed to be immediately due and payable;
8.11.4. Change the amount you pay or the payment method by which you pay;
8.11.5. Charge you reasonable expenses incurred in obtaining the money owed to us your Agreement with us, including costs associated with disconnecting, reconnecting, or replacing Metering;
8.11.6. Require you to make an Advance Payment or pay the Charges for each month in advance based on our estimate of likely Energy consumption in that month);
8.11.7. Pay a performance bond, in an amount which we reasonably determine to be the approximate value of three (3) months’ supply of Energy;
8.11.8. Require you to pay us a deposit in an amount equal to our estimate of our likely exposure to you under your Agreement with us (in which case title to such amount will vest in us, but we will pay you an equal amount after the payment of the final Bill following the end of the Contract) (subject to any amounts deducted by us in settlement of Outstanding Charges under your Agreement with us); and
8.11.9. Pass information relating to you onto a credit reference agency.

8.12. If the Charges remain unpaid after the Due Date, your Directors irrevocably and unconditionally undertake and guarantee to pay any Outstanding Charges.

8.13. If you disagree with the Charges, you should contact us immediately to submit an Actual Meter Reading and provide any attendant evidence (such as photographs) as required.

8.14. If you have difficulty paying the Charges, you should contract us immediately. We will discuss your payment methods options and try to help in line with our policies and code of practice.

8.15. In the event of continued non-payment, we may refer you to our partner debt collection agency and reserve the right to charge you the cost of recovering any Outstanding Charges as well as the cost of collection.

8.16. Any refund amount due to you will be set-off against amounts owed and will be paid back through your e-billing account over the course of the term of your Agreement with us. For the avoidance of doubt, offset will settle both the amount owed to you and the amount you owe.

8.17. Where a credit arises, we will deduct the amount of credit from the total 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.

8.18. If you are a Microbusiness Customer, when we send you a Bill, we can only look to recover Charges for the Energy supplied to you in the last twelve (12) months from the date on which we issue you the Bill, unless:
8.18.1. We have already sent you a Bill and are in contact with you about payment of previously billed Charges;
8.18.2. You behave in an obstructive or unreasonable way (for example you do not allow us or agents acting on our behalf to access to your Metering to read them without good reason , physically blocking more than one reasonable attempt to access your Metering, or you are behaving unlawfully by stealing Energy or, where you are responsible for your Metering and you fail to keep it in proper working order), or
8.18.3. Any other circumstances specified by Ofgem.

8.19. If at any time during the term of your Agreement with us we receive credit reports which we are not satisfied with, we may ask for an Advance Payment or an increase in the Advance Payment.

8.20. If you are required to make an Advance Payment during the term of your Agreement with us, the Advanced Payment will be reconcilled as part of a Bill issued to you in the final month of your Agreement with us.

9. Renewal and Termination


9.1.
If you renew your Contract with us for another Fixed Term, you will enter into another Agreement with us which will start on the day after the End Date and will end on a new End Date.

9.2. If you do not renew your Contract for another Fixed Term or your Agreement with us is not terminated by the End Date, we will move you to a Standard Variable Rate Contract from the date after the End Date.

9.3. Your Agreement can be terminated on the End Date provided that:
9.3.1. there are no Outstanding Charges on the account; and
9.3.2. your Supply Transfer has gone ahead on a Supply Start Date which is on the date after the end of the Fixed Term; or
9.3.3. the Energy supply to the Property is disconnected at the end of the Fixed Term.

9.4. If you try to terminate your Agreement with us prior to the End Date or we terminate your Agreement with us in accordance with our rights, we may charge you a Termination Fee.

9.5. This clause 9.5 applies to Microbusiness Customers only:
9.5.1. On or around sixty (60) days before the End Date, we will send you a renewal notice.
9.5.2. If you wish to terminate your Agreement with us, you need to send us a Termination Notice. You can provide a Termination Notice by writing to us at The Octagon, 27 Middleborough, Colchester, CO1 1TG or emailing us at customercare@pozitive.energy.
9.5.3. We will acknowledge your Termination Notice in writing within 5 working days.
9.5.4. If you send us the Termination Notice at least thirty (30) days before the End Date, your Agreement with us will be terminated on the End Date subject to clause [9.3].
9.5.5. If your Supply Transfer to another supplier does not go ahead from the day after the End Date or the Supply Start Date with a new supplier is delayed beyond the day after the End Date, you will have thirty (30) days from the day after the End Date to complete another Supply Transfer. If your subsequent Supply Transfer is not completed within thirty (30) days from the End Date, your existing Termination Notice period will lapse, and you will be required to send us a new Termination Notice. The notice period for termination is thirty (30) days.
9.5.6. If you do not send us a Termination Notice or we have reasonable grounds to object to a Supply Transfer in accordance with section [11] that will prevent you from terminating this Agreement on the End Date, clause [9.2] applies.
9.5.7. If you send us a Termination Notice either during the last thirty (30) days of the Fixed Term or following the End Date, your Agreement with us will be terminated at the end of the notice period subject to clause 9.4. For the avoidance of doubt, the notice period for termination is thirty (30) days.

9.6. Where you will no longer be the owner or occupier of a Property, you must give us at least thirty (30) days’ prior Leaving Notice of the date the change in ownership or occupier is expected to occur. Your Agreement with us in respect of the Property will end the day after you have left the Property provided that we have received the Leaving Notice from you prior to the date you are leaving the Property. If we do not receive the Leaving Notice prior to the date you are leaving the Property, you will be liable for some or all of the Charges in respect of the Property until we enter into an Agreement for the Property with another party (which may deem to occur under law).

9.7. We may terminate your Agreement with us at any time for any or all of the Properties with Metering if:
9.7.1. We give you a notice of suspension of supply relating to the case where any legally authorised third party asks you to stop or limit the amount of Energy you use at the site such as where somebody’s property or safety is in danger;
9.7.2. You fail to pay the Charges in full within ten (10) days after us informing you of such failure;
9.7.3. You are in material breach of any of the provisions of your Agreement with us (other than failure to pay a Bill or other Charges) and such breach is not remedied to our reasonable satisfaction within two (2) days after you receive notice from us informing you of such breach;
9.7.4. We serve you with written notice because you stop trading or 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;
9.7.5. It becomes unlawful for you or us to comply with any material provision of your Agreement with us;
9.7.6. A landlord’s consent is required for us to become the Responsible Supplier for 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);
9.7.7. We have not been able to become the Responsible Supplier for the Property within thirty (30) days from the Commencement Date;
9.7.8. You have failed to make an Advance Payment to us two (2) days before the Supply Start Date or by the date specified by us ;
9.7.9. We cannot access or are prevented from accessing the Property;
9.7.10. We establish that the Property is a Shipperless Property or Unregistered Property;
9.7.11. Supplying you with Energy would put us in breach of the terms of our Supply Licence;
9.7.12. We cannot support the Metering at your site through our existing systems; or
9.7.13. Our Supply Licence is revoked, or Ofgem makes a Supplier of Last Resort Direction to another supplier.

9.8. If we end your Agreement with us in respect of any or all the Properties, we will inform you of the end date (and, if your Agreement with us is not ending, of the affected Properties).

9.9. Following the ending or expiry of your Agreement with us, we will prepare a final Bill for you, setting out all Outstanding Charges that are owed to us by you. We may need a final meter reading for this.

9.10. The ending or expiry of your Agreement with us for whatever reason will be without prejudice to your and our rights and remedies which have accrued prior to the end or expiry of your Agreement with us.

9.11. Such ending or expiry will also be without prejudice to the continuing validity of any provision of your Agreement with us which expressly or by implication is intended to come into or remain in force on or after the end or expiry of your Agreement with us.

10. Termination Fee


10.1.
Without prejudice to our rights to pursue any additional remedy in addition to any Charges owed by you, we reserve the right to charge you a Termination Fee if any of the circumstances in clause [10.2] arise.

10.2. The circumstances referred to in clause [10.1] are:
10.2.1. Where your Agreement with us is wrongfully terminated by you;
10.2.2. Where your Agreement with is terminated by us as a result of your material breach of your Agreement with us;
10.2.3. Where you have failed to provide us with a Leaving Notice prior to the date you are leaving the Property;
10.2.4. Without prejudice to our rights to object to a Supply Transfer, where you try to arrange a Supply Transfer to another supplier prior to the end of the Fixed Term. The Termination Fee will become due on the date we receive notice of a Supply Transfer from another supplier.

10.3. The Termination Fee is worked out by using the following formula:

Formula

Where:

“T” in GBP means Termination Fee;

“CH” in GBP means the amount of the Charges paid by you for the supply of Energy between CD and TD;

“CD” means Commencement Date;

“ED” means End Date;

“TD” means the date when your Agreement with us is to be terminated.

11. Objection


11.1.
In addition to our other rights, and subject to any restrictions imposed by law or under the Industry Codes, if we receive notice of a Supply Transfer from another supplier for a Property supplied under your Agreement with us, we reserve the right to object to the Supply Transfer if any of the circumstances in clause 9.8 apply.

11.2. Clause 9.7 will apply in any of the following circumstances:
11.2.1. In our reasonable belief, the Supply Transfer has been initiated in error by another supplier;
11.2.2. You have Outstanding Charges in relation to the Property supplied with Energy (or in connection with the supply of Energy) under your Agreement with us;
11.2.3. If the Supply Transfer relates a related metering point, we discover that not all related metering points are being transferred as part of the Supply Transfer; or
11.2.4. Your Supply Start Date with another supplier is before the End Date or if you are a Microbusiness Customer, your Supply Start Date with another supplier is before the end of your Termination Notice Period; or
11.2.5. You are in a material breach of any of the provisions of your Agreement with us and such breach is not remedied to our reasonable satisfaction.

11.3. If we object to the Supply Transfer, we will notify you within three (3) working days from making the objection to another supplier and explain the reasons for it and how you may dispute or resolve such objection.

12. Disconnection


12.1.
We will give you notice of our intention to disconnect the supply of Energy to a Property in accordance with our obligations under the law, our Supply Licence, and the relevant Industry Codes.

12.2. We will have the right to disconnect the supply of Energy to a Property, if:
12.2.1. You do not pay the Charges by the Due Date;
12.2.2. You commit a material breach of your Agreement with us;
12.2.3. In our reasonable belief the Energy intended to be supplied to you is being stolen or redirected;
12.2.4. In our reasonable belief there has been interference with the network or Metering;
12.2.5. It is necessary to do so to avoid danger or a breach of an Industry Code;
12.2.6. We are obliged to disconnect the Property under law, regulation, our Supply Licence of any Industry Code; or
12.2.7. After we terminate your Agreement with us in accordance with section [9.7], if we remain the Responsible Supplier.

12.3. Where a disconnection is to occur, a several stage process will be initiated, including a site and pre-disconnection visit during which contact with you will be ongoing and resolution is to be encouraged. A letter of intent will be provided to you before further legal action is initiated.

12.4. 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 may disconnect the supply remotely if the Metering allows for this.

12.5. If the Energy supply to the Property is disconnected because of something you have done or omitted to do, you will:
12.5.1. Compensate us for any loss or costs incurred through disconnecting the Energy supply;
12.5.2. Compensate us for any costs incurred in re-connecting the supply of Energy; or
12.5.3. Pay any associated costs relating to the disconnection such as fees involved in getting a warrant to enter your site to disconnect it or any costs associated with our chasing payment of any Charges owed to us under your Agreement with us.

13. Liability


13.1.
We are only legally responsible to you to the extent expressly set out in these Terms and Conditions. We have no other duty or legal responsibility to you. All other legal responsibilities, guaranties, and conditions or warranties implied by law or otherwise are disapplied to the greatest extent permitted by the law.

13.2. We will not be responsible for the quality or consistency of the Energy supplied at your Property. If we cannot make sure that you are supplied with Energy for some reason that is beyond our reasonable control because of third party supply (for instance, by a supplier or distributor, shipper, re-seller, or transporter), we will not be held to account for broken arrangements or breach of contract. Thus 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. Further, we will not be liable to you for any damages or equipment installed or stored at a property belonging (either occupied or in legal possession) to third parties.

13.3. We are not legally responsible to you in any way for direct or indirect loss of business, profit, goodwill, interest, or lost opportunity or income or for any other loss or damage (other than that arising from its own fraud or fraudulent misrepresentation) which could not have been reasonably foreseen at the time this Agreement was entered into.

13.4. We will not be legally responsible to you for any loss or costs which you have suffered or incurred as a result of your legal responsibility to any other person or party.

13.5. Our liability to you is not otherwise excluded by anything in this Liability Section. Our total responsibility to you under the law is limited to one thousand (1000) GBP for any one incident and will, in no circumstance, exceed the average total charges paid to us in each year where it is in relation to all claims brought against us under this Agreement. Our legal responsibility to you is not limited where we have committed fraud or in the case of death or personal injury.

13.6. Each of the clauses [13.1] to [13.5] can be enforced separately. If for any reason one or more of these terms are found not to be valid or to be unreasonable, we may still enforce the remainder of the clauses.

14. Other Conditions


14.1.
 Notice: All notices or other communications to be given by either party in relation to your Agreement with us must be: (i) in writing and addressed and sent to the recipient’s address or number as shown on the Contract or (ii) by post, or email. All notices or other communications sent will be deemed to have been received (i) when delivered, where delivered by hand or courier; (ii) on the third day following the date of posting, where done by prepaid first class post; (iii) when sent from the recipient’s email server if sent within normal business hours, where by email, otherwise at 9:00am hours on the next normal working day.

14.2. Assignability: We may assign or transfer all or any of our rights (including the right to demand that you pay any charges owed and any future rights under it) and legal responsibilities under this Agreement without your permission. You shall be notified of such a change and will be deemed to have consented to such a transfer from the time of notification. We can also subcontract any of our obligations under this Agreement without your permission.

14.3. Transfer: Your rights and responsibilities under this Agreement are personal to the business and you are not entitled to transfer any part of the obligations or rights arising under your Agreement with us to any third party without our prior written permission.

14.4. Change of Law: We may stop, suspend, or restrict the supply of Energy to the Property due to a change in law, including an Act of Parliament or any regulation made pursuant to it. Whilst any such law is in force you must not use Energy, or if required, comply with any limits set on the amount of Energy you can use. You will be provided with more information if this situation arises. 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.

14.5. Severability: If a provision of your Agreement with us is declared invalid, illegal, or otherwise unenforceable, that provision shall be deemed severed and omitted from this agreement and the remaining provisions shall continue to be enforce and apply to the parties.

14.6. Force Majeure: If either party is unable to perform any of the obligations under this Agreement (other than payment obligations as per section 8, because of some unforeseeable event or circumstance beyond the performing party’s reasonable control, then the contact will remain in full effect but the performing party will have no liability for such failure to perform.

14.7. Waiver: Any delay or omission by us in asserting any right or remedy under your Agreement with us shall not be construed as a waiver of such right or remedy nor shall a partial assertion preclude an assertion of the same at a later date.

14.8. Third Party Rights: No provision of this Agreement shall be enforceable by a third party, whether under the Agreements (Rights of Third Parties) Act 1999 or otherwise.

14.9. Entire Agreement: The terms and conditions of this Agreement along with the pricing information, the Contract and its annexes or schedules, and any other documents referred to in these terms and conditions constitutes the entire agreement between you and us. You hereby acknowledge that you have not relied on any representation, statement, promise, assurance, or guarantee outside this Agreement.

14.10. Governing Law: This Agreement is interpreted and governed by English law and any disputes arising under it shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Confidentiality


15.1.
During the term of your Agreement with us and for a year after its termination, you and us agree to keep the commercial and financial parts of our Agreement strictly confidential. This will not prevent our sharing of information:
15.1.1. As required by law or under the rules of any recognised stock exchange or competent authority; or
15.1.2. To your appointed representative or agent.

16. Privacy and Data Protection

16.1. We respect your right to privacy. We process the personal data you provide to us or which we legally receive from another entity in connection with your Agreement with us. This includes collecting personal data about you, your employees, contactors, agents, clients, tenants or customers. We may also obtain information about you or your business from credit reference, regulatory, and fraud prevention agencies in order to assess your ability to pay for services provided to you. We process the personal data in accordance with the Privacy Notice, as amended from time to time, on our website https://pozitive.energy/privacy-policy.

17. Complaints

17.1. If you are dissatisfied with our service, you may contact us on 0333 370 9900. We aim to resolve any complaint within 5 working days. If you require further assistance, we invite you to escalate the matter to our Compliance Management team by emailing compliancemanagement@pozitive.energy.

17.2. If you are a Microbusiness Customer you may contact the Citizens Advice Bureau which offers free, independent advice regarding to your rights.

17.3. If you are a Microbusiness Customer, and you have reached a deadlock or have an active complaint after eight weeks, and you are not satisfied with the way we have handled your compliant, you can contact the Energy Ombudsman on https://www.ombudsman-services.org/sectors/energy 

Last updated 18 July 2022

1. General Terms

1.1. These Terms and Conditions are for business customers (which includes Microbusiness Customers). They should be read alongside your Contract, which together make up the “Agreement” between us.

1.2. The Agreement is between us, (Pozitive Energy Limited) and you, where you have decided to enter into an Agreement for the supply of gas, electricity or both to Non-Domestic Premises.

1.3. Please note that any reference to the word ‘Property’ means Non-Domestic Property.

1.4. Please note that references to the word ‘Energy’ means electricity or gas which we have agreed to supply to your Property, subject to these Terms and Conditions. These Terms and Conditions apply separately in respect of each account under which we supply you with Energy.

1.5 Please read them carefully so that you are fully aware and understand our mutual obligations and responsibilities. In the event of inconsistency with any other document, these Terms and Conditions will prevail over any other document between us including, your Contract unless otherwise agreed with you.

1.6 These Terms and Conditions apply to all Contracts unless specified otherwise in the Contract.

1.7 We may amend and update these Terms and Conditions from time to time. We will try to give you reasonable notice of any major changes.

2. Definitions 

Actual Meter Readings means a meter reading taken at the Property by us or an appointed agent, a meter reading taken remotely, or a meter reading taken by you read from your Metering.

Advanced Meter means type of Metering that measures consumption data in multiple time periods and such data can be accessed by us remotely.

Advance Payment means a sum of money equal to one, two, or 3 months’ billing based on your estimated annual consumption.

Available Capacity means the total agreed maximum amount of Energy that the local Network Operator is required to make available in relation to your supply, as set out in any contract between you and the Network Operator.

Agreed Capacity Charge means a charge for the amount of Energy that is reserved for your Metering to be used at any time expressed in pence per kilovolt ampere (kVA) per day, which is agreed between you and the Network Operator and passed through by us from the Network Operator.

Bill means an invoice or statement that informs you of the amount of money owed to us by you, including any detailed breakdown of our Charges.

Capacity Excess Charge means a charge for instances when the Agreed Capacity has been exceeded. Expressed in pence per kilovolt ampere (kVA) per day, which is set by the Network Operator and passed through by us from the Network Operator.

Charges means the amount of money you owe us, including any fees you may incur, payable by you to us in accordance with your Agreement with us.

Commencement Date means the date we confirm acceptance of our Agreement in writing.

Connection Point means, in respect of each Property, the point(s) at which the Energy flows between the Network and your Metering, pipes or wires.

Contract means the supply contract between us and you that forms part of your Agreement with us or Deemed Contract.

Current Transformer Meter means type of Metering which uses a current transformer as part of the mechanism for measuring the electric current.

Deemed Contract means a contract between you and us to supply Energy to the Property under these Terms and Conditions, without entering into a formal agreement with us for those services.

Director means a director as defined in the Companies Act 2006.

Due Date means the date by when we must receive the payment of Charges due from you, as specified in your in your Contract, in your Bill, or any other statement setting out amounts which you owe us.

End Date means the last date of the Fixed Term.

Fixed Term means the length of time during which your prices are fixed or flexed (as the case may be) as agreed between you and us and specified on your Contract.

Guarantor means a Director of the company which has entered into an Agreement with us.

Half-Hourly Meter means type of Metering that measures consumption data in multiple periods and is able to provide such data in half-hourly periods.

Industry Codes means the codes and agreements referred to in our Supply Licence.

Large Gas Meter means type of Metering that is designed to operate with a maximum flow rate of greater than 11 cubic metres per hour.

Leaving Notice means a notice from you to us informing us of change of Property owner or occupier. The notice must include the following details:

  1. The date you are leaving the Property;
  2. Your new contact details; and
  3. If you are the occupier of the property, the details of the Property owner.

Metering means, for each connection point, the appropriate metering (and related equipment) used for measuring Energy consumption at the connection point and for the collection and transmission of such data.

Microbusiness Customer means a non-domestic customer who meets one of the following criteria:

  1. Employs fewer that ten (10) employees (or their full-time equivalent) and has an annual turnover or balance sheet no greater than €2million; or
  2. uses no more than 100,000 kWh of electricity a year; or
  3. uses no more than 293,000 kWh of gas a year.

Network means, as the case may be, either the electricity distribution network or the gas distribution network, through which you receive the supply of Energy.

Network Operator means, in respect of each property, the owner or operator of the Network.

Non-Domestic Property means Non-Domestic Premises as defined in the condition 6 of the Supply Licence.

Ofgem means the Office of Gas and Electricity Markets, an industry regulator set up by Parliament to protect the interests of energy customers.

Outstanding Charges means the amount of any Charges which are due to us from you, and which remain unpaid after the Due Date.

Property means any part of any land, building or structure that you wish to be supplied under your Agreement with us and at which the supply of Energy is used wholly or mainly for business purposes.

Reactive Power Charge means a charge for the electricity used to power up certain industrial and commercial equipment before working electricity is used to operate it, such as equipment that generates a magnetic field before full operation, expressed in pence per kilovolt ampere reactive hours (kVArh). It is calculated by the Network Operator and passed through by us from the Network Operator.

Related Metering Points means two or more metering points that supply the same customer and are located at the same (or any part of the same) Property.

Relevant Metering means type of Metering that we are required by our Supply Licence or Industry Codes to install and operate at your Property, and which includes Smart Meters, Advanced Meters, Current Transformer Meters, Half-Hourly Meters or Large Gas Meters.

Responsible Supplier means, 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.

Shipperless Property means a property that has no current registered shipper but previously had one, and for which it has been established that gas is being consumed through Metering.

Smart Meter means type of Metering that complies with the Smart Metering Equipment Technical Specification Version 2 or later and enables us to access the information held of the smart meter remotely.

Supplier of Last Resort Direction means when Ofgem appoints another supplier to take over responsibility for our customers.

Supply Licence means either, as the case may be, our electricity supply licence held under section 6 of the Electricity Act 1989 or our gas supply licence held under section 7A of the Gas Act 1986.

Supply Start Date means the date we aim to start your supply of Energy to the Property under your Agreement with us.

Supply Transfer means, in relation to any Property at which a supplier is supplying Energy (gas and/or electricity), the transfer of responsibility for that supply (gas and/or electricity) from one supplier to another.

Termination Fee means a payment by you where your Agreement with us is terminated before the end of the Fixed Term and this payment is calculated in accordance with clause 10.3.

Termination Notice means a notice from you as a Microbusiness Customer to us that you wish to end your Agreement with us given in accordance with clause 9.5.2.

Unregistered Property means a property that has never been registered by a shipper but where there is Metering fitted and it has been established that gas is being consumed through Metering.

3. Deemed Contract

3.1. If you have become responsible for the Property where we currently supply Energy to you or otherwise you have become legally responsible for the Metering at the Property supplied by us, you will have a Deemed Contract with us.

3.2 A Deemed Contract comes into force on either:
3.2.1 The date we began to supply you with Energy;
3.2.2 The date you began to take supply of Energy from us.

3.3 When a Deemed Contract arises because Ofgem tells us to begin to supply you with Energy, we will protect the amount of credit owed to you by your previous supplier to the extent we had made such commitment to Ofgem prior to our appointment as your new supplier.

3.4 If you have a Deemed Contract with us these Terms of Conditions should be read as follows:
3.4.1 The following obligations in section 4 apply: 4.4, 4.7, 4.8;
3.4.2 All obligations in section 5 apply except: 5.6 and 5.11;
3.4.3 All obligations in section 6 apply;
3.4.4 The following obligations in section 7 apply: 7.1, 7.2 and 7.6
3.4.5 All obligations in section 8 apply except: 8.1, 8.11.4, 8.11.6, 8.11.7, 8.18, 8.20, 8.21;
3.4.6 All obligations in sections 9, 10 and 11 are excluded;
3.4.7 All obligations in section 12 apply except 12.2.7;
3.4.8 All obligation in sections 13, 14, 15 and 16 apply.

3.5 We will charge you for the supply of Energy at our Deemed Contract prices. Our Deemed Contract prices are available on the website https://pozitive.energy.

3.6 Your Deemed Contract with us will end:
3.6.1 When you enter into an Agreement with us;
3.6.2 Following completion of a Supply Transfer to another supplier. Your Deemed Contract with us will end on the Supply Start Date with your new supplier;
3.6.3 When you give us a Leaving Notice that you no longer will be responsible for the Property or the Metering at the Property, we supply Energy to, prior the date when you stop being responsible for that Property or Metering;
3.6.4 When we permanently disconnect the supply of Energy to your Property;
3.6.5 When Ofgem makes a Supplier of Last Resort Direction.

3.7 For the avoidance of doubt, if you have a Deemed Contract you are not required to provide us with a Termination Notice and we will not charge you a Termination Fee should you wish to complete a Supply Transfer to another supplier.

4. Our obligations

4.1. Your Agreement starts on the Commencement Date and will continue until either the End Date or the date your Agreement is terminated in accordance with section 9.

4.2. When you enter into a Contract with us we will confirm the initial prices of Energy. These form part of your Contract. We may change these prices from time to time, including (but be not limited to):
4.2.1. If a supply point is added, replaced, re-energised, re-connected, or its voltage, measurement class or profile class is amended;
4.2.2. If your actual consumption is greater than the estimated annual consumption of electricity/annual quantity of gas according to the amount as held to be standard by the Industry, we reserve the right to vary the prices of energy for the increased amount. If your estimated annual consumption of electricity/annual quantity of gas is less than the amount as held to be standard by the Industry, we reserve the right to pass on to you any losses we incur in the course of a year on commodity prices as a result of your under consumption.

4.3. During the term of your Agreement with us we will supply Energy to you in accordance with these Terms and Conditions. We will supply Energy via the relevant Network Operator who will deliver the Energy to each Connection Point on our behalf. The Network Operator is responsible for maintaining the network and the connection of each Property to the network and may disconnect the supply of Energy where it is in accordance with its legal rights to do so.

4.4. We will take reasonable steps to complete a Supply Transfer in five (5) working days from the Commencement Date unless:

4.4.1 You have requested that the Supply Start Date is a later date;
4.4.2 You notify us that you do not wish for the Supply Transfer to take place;
4.4.3 The supplier who is the current Responsible Supplier raises an objection to the Supply Transfer in accordance with their terms and conditions;
4.4.4 We do not have all the information requested from you to complete the Supply Transfer, despite our reasonable efforts to obtain such information;
4.4.5 Your Property is part of an exempt distribution system;
4.4.6 Other circumstances beyond our reasonable control;
4.4.7 The Commencement Date is after 5pm on a working day, in which case we will take reasonable steps to complete a Supply Transfer in five (5) working days from the next working day after the Commencement Date.

4.5 If on the day after the Supply Start Date, the Property is still being supplied by another supplier, we may agree another Supply Start Date with you. If another Supply Start Date is agreed, your Commencement Date and End Date will remain as per your Agreement with us.

4.6 In the event that the supply of Energy to your Property is temporarily interrupted we will pass on any relevant compensation payments we receive from your Network Operator as a result of such temporary supply interruption.

4.7 We will report cases of suspected or actual theft to a central theft risk assessment service. We will refer individual cases to regional revenue protection services, who will carry out site visits and take any appropriate action.

5. Your obligations

5.1 You agree to carry out your responsibilities under this Agreement, including to take the Energy supplied to you by us and to pay any of the Charges due. This includes any additional Charges which may become due at any point during the term of our Agreement.

5.2 You agree that, so long as we are the Responsible Supplier, Energy supplied to your Property will be treated as having been supplied under our Agreement, even if you have a contract for the supply of Energy to your Property with any other person.

5.3 Ownership of the Energy will transfer to you at the Connection Point, where responsibility for the Energy will become your responsibility. Therefore, you will be responsible for Energy losses which are incurred on your side of the Connection Point.

5.4 You represent and warrant:
5.4.1 You are the owner or occupier of the Property (or will be on the agreed Supply Start Date);
5.4.2 The Property is and remains connected to the Network Operator’s network at the relevant Connection Point;
5.4.3 All of the information provided by you (or on your behalf) in relation to the Contract is accurate and complete, and not misleading;
5.4.4 You have or will obtain authorization from your landlord to install Metering and associated equipment relating to the Property;
5.4.5 Maintain all pipes, equipment, wires, meters, and cables, as well as any other fittings belonging to you and used in conjunction with the supply on your side of the Metering (which starts at the Connection Point) in good working order and safe condition in compliance with the law at all times;
5.4.6 Provide us with assistance and information that we reasonably require to enable us to comply with our obligations under your Agreement with us, our Supply Licence, and the Industry Codes.
5.4.7 Any and all Properties to which Energy is supplied under your Agreement with us are Non-Domestic Properties;
5.4.8 You will contact the National Gas Service Emergency Line immediately if you believe or suspect that there is or may be an escape of gas, by calling 0800 111 999 and allow the access necessary for the emergency services to be provided. In the case of an electrical emergency, you will dial 105.
5.4.9 You will inform us after any such emergencies and cooperate with any further steps required by us.

5.5 You agree to maintain and comply with all necessary agreements and consents for connection to the Network Operator’s network at the relevant Connection Point.

5.6 You are responsible for terminating your agreement with your current supplier and ensuring that they have no cause to object to a Supply Transfer to us under your agreement with them.

5.7 When you are the occupier of the Property, you agree to provide us with the name, address, and telephone number of the owner of the Property at the start of your Agreement with us. If there are any changes to the Property owner, you agree to notify us of the changes in writing at least thirty (30) days prior the changes are due to be made or as soon as you become aware of them.

5.8 You agree to notify us in writing at least thirty (30) days prior the occurrence of the following events:

5.9 you make changes to the Property that are likely to alter the amount of Energy consumed or the time of day it is consumed;
5.9.1 if the Contract is for the supply of electricity, you install electricity generating equipment at the Property;
5.9.2 if the Contract is for the supply of electricity, you change the voltage at which you take the electricity supplied;
5.9.3 you make or anticipate any changes to the estimated minimum amounts of Energy you will require.

5.10 You agree to our contacting you in relation to your Agreement with us using any contact details provided to us by you.

5.11 You acknowledge that as part of the provision of Energy to your Property, we may require information from your previous supplier. We may obtain from your previous supplier (or other relevant parties) any information which we reasonably require in the course of supplying Energy to the Property.

5.12 You must inform us immediately if at any point during the term of your Agreement with us you either become or stop being a Microbusiness Customer. We will not change the tariff you pay for the Energy supplied or the Terms of Conditions for the remainder of the term of your Agreement, however, you may be subject to additional taxes, duties or levies.

5.13You must inform us immediately if at any point during the term of your Agreement with us if any Property we supply Energy to under your Agreement with us stops being a Non-Domestic Property. We will not change the tariff you pay for Energy supplied to any such Property or the Terms and Conditions in respect of any such Property for the remainder of the term of your Agreement with us, however, you may be subject to different taxes, duties or levies. We will arrange a Supply Transfer of any such Property to another supplier from termination.

6. Supply, Access, and Meters


6.1
We may arrange for Metering to be installed, as necessary, for the Property supplied with Energy under your Agreement with us. Where relevant, you confirm that you are legally able to and have permission to allow us or agents working on our behalf into the Property and you will give us full access to the Metering whenever we require access (including agreeing to our gaining remote access).

6.2 Where we install the Metering, it will either belong to us or to a third-party with which we have a contractual relationship. You will not own the Metering and will not be able to object to its replacement with alternative Metering or the transfer of ownership of the Metering if replacement takes place.

6.3 You agree to, at all reasonable times, allow your Network Operator or us (including relevant employees, representatives, agents, and subcontractors) to have safe, full, and free access to the Property and Metering, including any equipment, wires, cables, and other fittings used in connection of the supply of Energy to your Property under your Agreement with us in order to install, read, maintain, inspect, remove or replace the Metering or any associated equipment. If there are any obstructions that prevent us (or any of our agents or contractors) from gaining access to your Property and Metering, you are responsible for removing the obstruction and for the cost of doing so.

6.4 You will take reasonable steps to ensure that all Metering and associated equipment (whether it belongs to us or a third-party) on or at your Property is not lost, stolen, or damaged. You agree to pay us for any costs we may incur (either directly or indirectly) in replacing or repairing lost, stolen, or damaged Metering unless the damage is caused by our act or omission.

6.5 Where we agree to replace the Metering at your request, you will reimburse us for any loss or expense that we incur (including abortive visit charges) in regard to such a change, where such a request is due to some reason other than that arising due to our failure to meet our obligations.

6.6 If you cancel your appointment less than seventy-two (72) hours prior to the appointment date, we will charge you an appointment cancellation fee of one hundred (100) GBP.

6.7 It is your responsibility to provide us with meter readings on a monthly basis. We will use the readings you provide to us so long as that they are not inconsistent with the readings taken by us or our designated industry approved agents. We may, at our discretion, make arrangements for the Actual Meter Readings to be provided to us.

6.8 For the Properties that have Half-Hourly Meters, you will contract with a meter operator agent (as defined in the Industry Codes) for the maintenance of those meters. You will notify us of the entity with which you have contracted at least thirty (30) days in advance of the Supply Start Date (and in advance of any replacement). Where this clause 6.8 applies, you will be responsible for the accuracy of the meters and you will compensate us for any losses and costs we incur as a result of the poor performance of your agent.

6.9 If an Actual Meter Reading is not available or, where provided by you, it is in our reasonable belief inaccurate, we will estimate the amount of Energy used by you and will charge you accordingly. The estimate will be based on the estimated annual consumption of electricity and annual quantity of gas according to the amount as held to be standard by the Industry. Any such estimates shall be subject to reconciliations as actual or more accurate information becomes available to us.

6.10 If you reasonably believe that the Metering at the Property is inaccurate, you may ask us to test it. If you make such a request, we will arrange for the Metering to be tested within a reasonable period of time. 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 at our own cost and will apply a reasonable adjustment (up or down) to the Charges to reflect the inaccuracy.

6.11 We may need to change your Metering or related equipment in order to comply with Industry Codes or the Supply Licence. If we identify that your Metering needs to be changed, we will contact you to advise you on the next steps and any additional Charges that may become due as a result of the Metering change.

6.12 If we (including relevant employees, representatives, agents, and subcontractors) contact you to arrange to install Relevant Metering, you will allow us access to complete the installation without unreasonable delay. Where we are unreasonably denied access, we may ask you to pay any costs we have incurred, and we reserve the right to terminate your Agreement with us.

7. Charges


7.1
The Charges will be based on the prices and any taxes, duties or levies at the prevailing rate. The prices as well as any taxes, duties or levies that are applicable to you will be stated in your Contract. New taxes, duties or levies introduced during the term of your Agreement with us will be charged to you in addition.

7.2 The Charges will include third party and industry charges. These charges relate to the cost of delivering Energy to you and investment in future generation.

7.3 Third party and industry charges can be fixed or pass through. Any third party and industry charges that we pass through will be detailed in the Contract.

7.4 If your third party and industry charges are fixed, they will not change subject to clause 7.5.

7.5 We may change the Charges as a result of an introduction of third party and industry charges or the way in which such charges are calculated. If such new charge or a change to how such charges are calculated results in increased costs to us and are payable by us for supplying your Energy, we will pass these on to you.

7.6 If you become subject to Agreed Capacity Charges, Reactive Power Charges, Capacity Excess Charges or any other industry charges during the term of your Agreement with us, they will be charged to you in addition.

7.7 If you have a contractual relationship with a third-party provider for meter maintenance and data collection and aggregation services, we reserve the right to apply an administration fee for each meter which requires migration to your third-party provider.

8. Payment


8.1.
Your payment method will be stated in the Contract.

8.2. We will, each month or at such other intervals as stated in your Contract or otherwise agreed with you, send you a Bill for the relevant period. Bills are generated within forty-eight (48) hours after a meter reading is taken or provided to us by you.

8.3. The Charges may be based on a reasonable estimate of how much Energy you have used, on information we have about the Property, and the estimated annual consumption of electricity and annual quantity of gas as stated by the Industry. You must pay the Charges shown on the Bill by the Due Date, including where the Charges are based on such an estimate.

8.4. We will send the Bill to your e-billing account or prepaid post subject to additional charges for paper Bills. For customers wishing to receive paper Bills, an administration fee of two (2) GBP will be added to each Bill.

8.5. E-billing facilities may at our discretion entitle us to send the Bill to an e-mail address maintained by you or upload it onto your e-billing account. You will maintain an email address for this purpose and notify us of any changes to your email address. If an e-billing account is used, you will keep your password secure and confidential. We may close your e-billing account at any time without notice if we have reasons to believe that the account is being accessed or used in an unauthorized manner.

8.6. We will create your direct debit mandate within ten (10) days from the Commencement Date or the date you contact us to do so. If for any reason we are unable to create your direct debit mandate, for instance if the information you have provided us is incorrect, we will treat this as a direct debit cancellation, and you may incur an administration fee.

8.7. If you pay by fixed direct debit, the first payment will be taken on or around the tenth (10th) day of the month. Ongoing Direct Debit payments will be taken on or around the same day of each month as the first payment. We reserve the right to increase or decrease the amount of fixed direct debit billed to you within a reasonable margin, depending on shifts in your usage patterns.

8.8. If you pay by variable direct debit, payment will be debited from your account within seven (7) to ten (10) days from a Bill being issued.

8.9. If you pay by BACS/CHAPS, electronic transfer or debit/credit card, cleared funds must reach us by the Due Date and payment must be correctly referenced. If we are unable to identify your payment because of your failure to correctly reference it, we may treat it as non-payment and take steps in accordance with clause [8.11].

8.10. You must make sure that there is enough money in your account to cover the Charges. If you cancel your direct debit without prior notice before we can collect any payment due, you must contact us immediately to confirm your new payment method.

8.11 If you do not pay the Charges by the Due Date, we will be entitled to take any of the following steps:
8.11.1 Charge you interest on the overdue amount at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1988 (which is eight (8) per cent above the Bank of England base rate);
8.11.2 Charge you an administration fee in accordance with the Late Payment of Commercial Debts (Interest) Act 1988;
8.11.3 Demand payment of all unpaid Bills under your Agreement with us which will be deemed to be immediately due and payable;
8.11.4 Change the amount you pay or the payment method by which you pay. This may include charging you our Out Of Contract prices published at https://pozitive.energy for the remainder of the Contract;
8.11.5 Charge you reasonable expenses incurred in obtaining the money owed to us your Agreement with us, including costs associated with disconnecting, reconnecting, or replacing Metering;
8.11.6 Require you to make an Advance Payment or pay the Charges for each month in advance based on our estimate of likely Energy consumption in that month);
8.11.7 Pay a performance bond, in an amount which we reasonably determine to be the approximate value of three (3) months’ supply of Energy;
8.11.8 Require you to pay us a deposit in an amount equal to our estimate of our likely exposure to you under your Agreement with us (in which case title to such amount will vest in us, but we will pay you an equal amount after the payment of the final Bill following the end of the Contract) (subject to any amounts deducted by us in settlement of Outstanding Charges under your Agreement with us); and
8.11.9 Pass information relating to you onto a credit reference agency.

8.12 If the Charges remain unpaid after the Due Date, the Guarantor irrevocably and unconditionally undertakes and guarantees to pay any Outstanding Charges. The Guarantor agrees that this guarantee will remain in full force and effect and be binding until your Agreement with us is satisfied.

8.13 If you disagree with the Charges, you should contact us immediately to submit an Actual Meter Reading and provide any attendant evidence (such as photographs) as required. You must still pay the Charges shown on the Bill by the Due Date. Failure to do, will result in us taking steps in accordance with clause 8.11. Following our investigation, any debits or credits will be reconciled in the following month’s Bill. Your obligations under this clause 8.13 still apply even if you appoint a third-party agent to provide bill processing or validation services.

8.14 If you have difficulty paying the Charges, you should contract us immediately. We will discuss your payment methods options and try to help in line with our policies and code of practice.

8.15 In the event of continued non-payment, we may refer you to our partner debt collection agency and reserve the right to charge you the cost of recovering any Outstanding Charges as well as the cost of collection.

8.16 Any refund amount due to you will be set-off against amounts owed and will be paid back through your e-billing account over the course of the term of your Agreement with us. For the avoidance of doubt, offset will settle both the amount owed to you and the amount you owe.

8.17 Where a credit arises, we will deduct the amount of credit from the total 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.

8.18 If you are a Microbusiness Customer, when we send you a Bill, we can only look to recover Charges for the Energy supplied to you in the last twelve (12) months from the date on which we issue you the Bill, unless:
8.18.1 We have already sent you a Bill and are in contact with you about payment of previously billed Charges;
8.18.2 You behave in an obstructive or unreasonable way (for example you do not allow us or agents acting on our behalf to access to your Metering to read them without good reason , physically blocking more than one reasonable attempt to access your Metering, or you are behaving unlawfully by stealing Energy or, where you are responsible for your Metering and you fail to keep it in proper working order), or
8.17.3 Any other circumstances specified by Ofgem.

8.19 Unless clause 8.18 applies, we reserve the right to reconcile and recover Charges for the Energy supplied to you in the last twenty-eight (28) months from the date when we issued you the Bill.

8.20 If at any time during the term of your Agreement with us we receive credit reports which we are not satisfied with, we may ask for an Advance Payment or an increase in the Advance Payment.

8.21 If you are required to make an Advance Payment during the term of your Agreement with us, the Advanced Payment will be reconciled as part of a Bill issued to you in the final month of your Agreement with us.

9. Renewal and Termination


9.1
If you renew your Contract with us for another Fixed Term, you will enter into another Agreement with us which will start on the day after the End Date and will end on a new End Date.

9.2 If you do not renew your Contract for another Fixed Term or your Agreement with us is not terminated by the End Date, we will move you to standard variable rates from the date after the End Date.

9.3 Your Agreement can be terminated on the End Date provided that:

9.3.1 there are no Outstanding Charges on the account; and

9.3.2 your Supply Transfer has gone ahead on a Supply Start Date which is on the date after the end of the Fixed Term; or

9.3.3 the Energy supply to the Property is disconnected at the end of the Fixed Term.

9.4 If you try to terminate your Agreement with us prior to the End Date or we terminate your Agreement with us in accordance with our rights, we may charge you a Termination Fee.

9.5 This clause 9.5 applies to Microbusiness Customers only:

9.5.1 On or around sixty (60) days before the End Date, we will send you a renewal notice.

9.5.2 If you wish to terminate your Agreement with us, you need to send us a Termination Notice. You can provide a Termination Notice by writing to us at 7th Floor Wellington House,90-92 Butt Road, Colchester, Essex, CO3 3DA or emailing us at customercare@pozitive.energy.

9.5.3 We will acknowledge your Termination Notice in writing within 5 working days.

9.5.4 If you send us the Termination Notice at least thirty (30) days before the End Date, your Agreement with us will be terminated on the End Date subject to clause 9.3.

9.5.5 If your Supply Transfer to another supplier does not go ahead from the day after the End Date or the Supply Start Date with a new supplier is delayed beyond the day after the End Date, you will have thirty (30) days from the day after the End Date to complete another Supply Transfer. If your subsequent Supply Transfer is not completed within thirty (30) days from the End Date, your existing Termination Notice period will lapse, and you will be required to send us a new Termination Notice. The notice period for termination is thirty (30) days.

9.5.6 If you do not send us a Termination Notice or we have reasonable grounds to object to a Supply Transfer in accordance with section 11 that will prevent you from terminating this Agreement on the End Date, clause 9.2 applies.

9.5.7 If you send us a Termination Notice either during the last thirty (30) days of the Fixed Term or following the End Date, your Agreement with us will be terminated at the end of the notice period subject to clause 9.4. For the avoidance of doubt, the notice period for termination is thirty (30) days.

9.6 Where you will no longer be the owner or occupier of a Property, you must give us at least thirty (30) days’ prior Leaving Notice of the date the change in ownership or occupier is expected to occur. Your Agreement with us in respect of the Property will end the day after you have left the Property provided that we have received the Leaving Notice from you prior to the date you are leaving the Property. If we do not receive the Leaving Notice prior to the date you are leaving the Property, you will be liable for some or all of the Charges in respect of the Property until we enter into an Agreement for the Property with another party (which may deem to occur under law).

9.7 We may terminate your Agreement with us at any time for any or all of the Properties with Metering if:
9.7.1 We give you a notice of suspension of supply relating to the case where any legally authorised third party asks you to stop or limit the amount of Energy you use at the site such as where somebody’s property or safety is in danger;
9.7.2 You fail to pay the Charges in full within ten (10) days after us informing you of such failure;
9.7.3 You are in material breach of any of the provisions of your Agreement with us (other than failure to pay a Bill or other Charges) and such breach is not remedied to our reasonable satisfaction within two (2) days after you receive notice from us informing you of such breach;
9.7.4 We serve you with written notice because you stop trading or 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;
9.7.5 It becomes unlawful for you or us to comply with any material provision of your Agreement with us;
9.7.6 A landlord’s consent is required for us to become the Responsible Supplier for 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);
9.7.7 We have not been able to become the Responsible Supplier for the Property within thirty (30) days from the Commencement Date;
9.7.8 You have failed to make an Advance Payment to us two (2) days before the Supply Start Date or by the date specified by us ;
9.7.9 We cannot access or are prevented from accessing the Property;
9.7.10 We establish that the Property is a Shipperless Property or Unregistered Property;
9.7.11 Supplying you with Energy would put us in breach of the terms of our Supply Licence;
9.7.12 We cannot support the Metering at your site through our existing systems; or
9.7.13 Our Supply Licence is revoked, or Ofgem makes a Supplier of Last Resort Direction to another supplier.

9.8 If we end your Agreement with us in respect of any or all the Properties, we will inform you of the end date (and, if your Agreement with us is not ending, of the affected Properties).

9.9 Following the ending or expiry of your Agreement with us, we will prepare a final Bill for you, setting out all Outstanding Charges that are owed to us by you. We may need a final meter reading for this.

9.10 The ending or expiry of your Agreement with us for whatever reason will be without prejudice to your and our rights and remedies which have accrued prior to the end or expiry of your Agreement with us.

9.11 Such ending or expiry will also be without prejudice to the continuing validity of any provision of your Agreement with us which expressly or by implication is intended to come into or remain in force on or after the end or expiry of your Agreement with us.

10. Termination Fee


10.1
Without prejudice to our rights to pursue any additional remedy in addition to any Charges owed by you, we reserve the right to charge you a Termination Fee if any of the circumstances in clause 10.2 arise.

10.2 The circumstances referred to in clause 10.1 are:
10.2.1 Where your Agreement with us is wrongfully terminated by you;
10.2.2 Where your Agreement with is terminated by us as a result of your material breach of your Agreement with us;
10.2.3 Where you have failed to provide us with a Leaving Notice prior to the date you are leaving the Property;
10.2.4 Without prejudice to our rights to object to a Supply Transfer, where you try to arrange a Supply Transfer to another supplier prior to the end of the Fixed Term. The Termination Fee will become due on the date we receive notice of a Supply Transfer from another supplier.

10.3 The Termination Fee is worked out by using the following formula:
Formula
Where:

“T” in GBP means Termination Fee;

“CH” in GBP means the amount of the Charges paid by you for the supply of Energy between CD and TD;

“CD” means Commencement Date;

“ED” means End Date;

“TD” means the date when your Agreement with us is to be terminated.

11. Objection


11.1
In addition to our other rights, and subject to any restrictions imposed by law or under the Industry Codes, if we receive notice of a Supply Transfer from another supplier for a Property supplied under your Agreement with us, we reserve the right to object to the Supply Transfer if any of the circumstances in clause 11.2 apply.

11.2 Clause 11.1 will apply in any of the following circumstances:
11.2.1 In our reasonable belief, the Supply Transfer has been initiated in error by another supplier;
11.2.2 You have Outstanding Charges in relation to the Property supplied with Energy (or in connection with the supply of Energy) under your Agreement with us;
11.2.3 If the Supply Transfer relates a related metering point, we discover that not all related metering points are being transferred as part of the Supply Transfer; or
11.2.4 Your Supply Start Date with another supplier is before the End Date or if you are a Microbusiness Customer, your Supply Start Date with another supplier is before the end of your Termination Notice Period; or
11.2.5 You are in a material breach of any of the provisions of your Agreement with us and such breach is not remedied to our reasonable satisfaction.

11.3 If we object to the Supply Transfer, we will notify you within three (3) working days from making the objection to another supplier and explain the reasons for it and how you may dispute or resolve such objection.

12. Disconnection


12.1
We will give you notice of our intention to disconnect the supply of Energy to a Property in accordance with our obligations under the law, our Supply Licence, and the relevant Industry Codes.

12.2 We will have the right to disconnect the supply of Energy to a Property, if:
12.2.1 You do not pay the Charges by the Due Date;
12.2.2 You commit a material breach of your Agreement with us;
12.2.3 In our reasonable belief the Energy intended to be supplied to you is being stolen or redirected;
12.2.4 In our reasonable belief there has been interference with the network or Metering;
12.2.5 It is necessary to do so to avoid danger or a breach of an Industry Code;
12.2.6 We are obliged to disconnect the Property under law, regulation, our Supply Licence of any Industry Code; or
12.2.7 After we terminate your Agreement with us in accordance with section 9.7, if we remain the Responsible Supplier.

12.3 Where a disconnection is to occur, a several stage process will be initiated, including a site and pre-disconnection visit during which contact with you will be ongoing and resolution is to be encouraged. A letter of intent will be provided to you before further legal action is initiated.

12.4 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 may disconnect the supply remotely if the Metering allows for this.

12.5 If the Energy supply to the Property is disconnected because of something you have done or omitted to do, you will:
12.5.1 Compensate us for any loss or costs incurred through disconnecting the Energy supply;
12.5.2 Compensate us for any costs incurred in re-connecting the supply of Energy; or
12.5.3 Pay any associated costs relating to the disconnection such as fees involved in getting a warrant to enter your site to disconnect it or any costs associated with our chasing payment of any Charges owed to us under your Agreement with us.

13. Liability


13.1
We are only legally responsible to you to the extent expressly set out in these Terms and Conditions. We have no other duty or legal responsibility to you. All other legal responsibilities, guaranties, and conditions or warranties implied by law or otherwise are disapplied to the greatest extent permitted by the law.

13.2 We will not be responsible for the quality or consistency of the Energy supplied at your Property. If we cannot make sure that you are supplied with Energy for some reason that is beyond our reasonable control because of third party supply (for instance, by a supplier or distributor, shipper, re-seller, or transporter), we will not be held to account for broken arrangements or breach of contract. Thus 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. Further, we will not be liable to you for any damages or equipment installed or stored at a property belonging (either occupied or in legal possession) to third parties.

13.3 We are not legally responsible to you in any way for:
13.3.1 direct or indirect loss of business, profit, goodwill, interest, or lost opportunity or loss of contract or loss of income or loss or corruption of data or interference with business; or
13.3.2 for any other indirect, special or consequential loss or damage,
whether or not caused by the acts of omissions or negligence of our employees or agents and regardless of whether we have been informed of the possibility of the likelihood of such damages.

13.4 We will not be legally responsible to you for any loss or costs which you have suffered or incurred as a result of your legal responsibility to any other person or party.

13.5 Our liability to you is not otherwise excluded by anything in this Liability Section. Our total responsibility to you under the law is limited to one thousand (1000) GBP for any one incident and will, in no circumstance, exceed the average total charges paid to us in each year where it is in relation to all claims brought against us under this Agreement.

13.6 However, nothing in this Agreement limits or excludes our liability to you in respect of:

13.7 death or injury to persons caused by our negligence; or

13.8 our fraud or fraudulent misrepresentation; or

13.9 any other liability which cannot by law be limited or excluded by us.

13.10 Each of the clauses 13.1 to 13.5 can be enforced separately. If for any reason one or more of these terms are found not to be valid or to be unreasonable, we may still enforce the remainder of the clauses.

14. Other Conditions


14.1
Notice: All notices or other communications to be given by either party in relation to your Agreement with us must be: (i) in writing and addressed and sent to the recipient’s registered address as shown on the Contract and (ii) by All notices or other communications sent will be deemed to have been received (i) when delivered, where delivered by hand or courier; (ii) on the third day following the date of posting, where done by prepaid first class post; (iii) when sent from the recipient’s email server if sent within normal business hours, where by email, otherwise at 9:00am hours on the next normal working day.

14.2 Assignability: We may assign or transfer all or any of our rights (including the right to demand that you pay any charges owed ) and legal responsibilities under this Agreement without your permission. You shall be notified of such a change and will be deemed to have consented to such a transfer from the time of notification. We can also subcontract any of our obligations under this Agreement without your permission.

14.3 Transfer: Your rights and responsibilities under this Agreement are personal to the business and you are not entitled to transfer any part of the obligations or rights arising under your Agreement with us to any third party without our prior written permission.

14.4 Change of Law: We may stop, suspend, or restrict the supply of Energy to the Property due to a change in law, including an Act of Parliament or any regulation made pursuant to it. Whilst any such law is in force you must not use Energy, or if required, comply with any limits set on the amount of Energy you can use. You will be provided with more information if this situation arises. 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.

14.5 Severability: If a provision of your Agreement with us is declared invalid, illegal, or otherwise unenforceable, that provision shall be deemed severed and omitted from this agreement and the remaining provisions shall continue to be enforce and apply to the parties.

14.6 Force Majeure: If either party is unable to perform any of the obligations under this Agreement (other than payment obligations as per section 8), because of some unforeseeable event or circumstance beyond the performing party’s reasonable control, then the contact will remain in full effect but the performing party will have no liability for such failure to perform.

14.7 Waiver: Any delay or omission by us in asserting any right or remedy under your Agreement with us shall not be construed as a waiver of such right or remedy nor shall a partial assertion preclude an assertion of the same at a later date.

14.8 Third Party Rights: No provision of this Agreement shall be enforceable by a third party, whether under the Agreements (Rights of Third Parties) Act 1999 or otherwise.

14.9 Entire Agreement: The terms and conditions of this Agreement along with the pricing information, the Contract and its annexes or schedules, and any other documents referred to in these terms and conditions constitutes the entire agreement between you and us. You hereby acknowledge that you have not relied on any representation, statement, promise, assurance, or guarantee outside this Agreement.

14.10 Governing Law: This Agreement is interpreted and governed by English law and any disputes arising under it shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15 Confidentiality

15.1 During the term of your Agreement with us and for a year after its termination, you and us agree to keep the commercial and financial parts of our Agreement strictly confidential. This will not prevent our sharing of information:
15.1.1 As required by law or under the rules of any recognised stock exchange or competent authority; or
15.1.2 To your appointed representative or agent.

16. Privacy and Data Protection

16.1. We respect your right to privacy. We process the personal data you provide to us or which we legally receive from another entity in connection with your Agreement with us. This includes collecting personal data about you, your employees, contactors, agents, clients, tenants or customers. We may also obtain information about you or your business from credit reference, regulatory, and fraud prevention agencies in order to assess your ability to pay for services provided to you. We process the personal data in accordance with the Privacy Notice, as amended from time to time, on our website https://pozitive.energy/privacy-policy.

17. Complaints

17.1. If you are dissatisfied with our service, you may contact us on 0333 370 9900. We aim to resolve any complaint within 5 working days. If you require further assistance, we invite you to escalate the matter to our Compliance Management team by emailing compliancemanagement@pozitive.energy.

17.2. If you are a Microbusiness Customer you may contact the Citizens Advice Bureau which offers free, independent advice regarding to your rights.

17.3. If you are a Microbusiness Customer, and you have reached a deadlock or have an active complaint after eight weeks, and you are not satisfied with the way we have handled your compliant, you can contact the Energy Ombudsman on https://www.ombudsman-services.org/sectors/energy 

Pozitive Energy Domestic Terms and Conditions (Last updated 18 July 2022 )

1 Definitions

Contract Start Date means the date we process your telephone or online application.

Cooling Off Period means a fourteen-day (14) period during which a contract can be cancelled at no cost

Deemed Contract means a contract deemed to have been made under the Gas Act 1986 or the Electricity Act 1989

Economy 7 Meter means an electricity meter where the peak and off-peak consumptions levels are recorded separately

Network Operator means, in respect of each Premises, the owner or operator of the Network.

Premises means a premises at which supply of gas or electricity is taken wholly or mainly for a domestic purpose

Related Meter means an electricity meter that is related to one or more electricity meters

Security Deposit means a deposit of money that is used as security for the payment of charges

Smart Meter means a meter that we can communicate with without coming to the Premises

Staggered Tariff means a tariff where the prices will vary by a specific amount on a specific date which is not at our discretion

Standing Charge means an amount that is charged daily

Supply Start Date means the date when we start supplying to a Premises

Tracker Tariff means a tariff where the prices will fluctuate automatically linked to stock exchange, index or financial market rate

Unit Rate means an amount that is charges in respect of each unit of gas or electricity consumed

Welcome Pack means a statement of key terms of the Contract, including (but not limited to) tariff, prices, contract term, termination rights

2 Supply Contract

2.1 These terms and conditions together with any documents referred to, including the Welcome Pack, create a legally binding contract (“the Contract”) between you (our customer) and us (Pozitive Energy Ltd).

2.2 By entering into the Contract, you agree to keep to these terms and conditions. Please read them carefully so you understand your responsibilities.

2.3 Subject to clause 2.4, the Contract will be accepted by us if you have provided us with the information we require to register you as a customer.

2.4 You agree that we may carry out a credit check at our discretion and that as a condition of the Contract we may request a Security Deposit.

2.5 The Contract will start on the Contract Start Date.

2.6 We will send you the Welcome Pack on the Contract Start Date.

2.7 By entering into the Contract, you confirm that:

2.7.1 You are the owner or occupier of, or for any other reason have responsibility for, the Premises (or will be on the date you want your supply to start);

2.7.2 you use the Premises wholly or mainly for domestic purposes;

2.7.3 the Premises is connected to mains electricity and/or gas, or connected through another connection to mains electricity and/or gas. During the term of the Contract, you will remain responsible for making sure the Premises is connected to all relevant networks.

2.7.4 You are aged 18 or over, or, if the Premises are in Scotland, you are aged 16 or over.

2.8 If you stop using the Premises wholly or mainly for domestic purposes, you must let us know.

2.9 The Contract is based on the information provided by you, which you confirm is accurate. If this changes significantly you must let us know.

2.10 The standards we must meet in supplying gas and/or electricity to you, and the compensation arrangements that apply if we fail to meet these, are set out in the Standards of Performance Statement.

3 Deemed Contract

3.1 These terms and conditions apply where we supply to the Premises but you do not have a supply contract with us.

3.2 You agree that although you do not have a supply contract with us because you are receiving the supply at the Premises you will pay us the charges in accordance with our Deemed Tariff. You will be liable to pay the charges for all gas and/or electricity supplied by us to the Premises until the date on which this Contract ends and your obligation to pay the charges will continue after this Contract has ended.

3.3 In the event of a change of tenancy you must tell us the date you began to take supply at the property and the electricity and/or gas meter reading(s) at that time. If this information is not made available, we reserve the right to consider that:

3.3.1 The start date of supply to you is the day after the termination date for the outgoing customer.

3.3.2 The opening meter reading(s) for you is the same as the final meter reading(s) for the outgoing customer.

3.4 The Contract will end on the date that you stop owning or occupying the Premises if you have notified us at least two (2) working days before the date on which you stop owning or occupying the Premises. If you have stopped owning or occupying the Premises without telling us, the Contract will end on the earlier of:

3.4.1 the end of the second working day after you have notified us that you have stopped owning or occupying the Premises; or

3.4.1.1 the date on which any other person begins to own or occupy the Premises and takes a supply of electricity at those premises.

3.5 This contract will end on the date that we cease to supply gas or electricity to you, or you enter into a contract with another supplier or a supply contract with us.

3.6 Ending your contract will not affect any rights and responsibilities you or we had before the contract ended, or which are due to come into force under that contract or to continue after the date it ended.

3.7 If we start supplying to you because Ofgem told us to do so, we will honour the credit balance you had with your previous supplier.

4 Notices and account management

4.1 If when you first enter into the Contract with us you confirm your agreement to receiving your bills in paper or electronic format. We will confirm the arrangement you made in the Welcome Pack. If you agreed to receive bills in electronic format, you must provide us with a valid email address upon registration which you have ongoing access to during the term of the Contract. If you do not provide us with a valid email address or if you later choose to receive your bills in paper format, we will apply a paper bill charge. It is your responsibility to ensure that your email address remains valid throughout the term of the Contract. If we are unable to communicate with you using the email address you have provided, we reserve the right to apply a paper bill charge for each paper bill issued.

4.2 A further discount is available if you agree to only use our online resources to carry out certain account functions. We will confirm the arrangement you made in the Welcome Pack.

5 Cooling off

5.1 If you change your mind about entering into the Contract with us, you can cancel the Contract during the Cooling Off Period. We will tell you when your Cooling Off Period ends in the Welcome Pack.

5.2 To cancel:

5.2.1 contact us and tell us you have changed your mind;

5.3 This section 5 does not affect your rights to terminate the Contract under section 14.

5.4 If you cancelled your Contract within the Cooling Off period but your switch to another supplier has not gone ahead, we will charge your contract prices for fifteen (15) working days from sending you the notice in 5.2. After the fifteen (15) working day period expires, your Contract will terminate, and we will supply to you under a Deemed Contract.

5.5 If you cancel your contract with your new supplier with the Cooling Off Period and let us know you wish to return to us, we will supply you on basis of the contract terms that would have been in place if you stayed with us for sixteen (16) working days from the new Supply Start Date.

6 Supply

6.1 Our responsibility to supply the Premises (and your responsibility to pay for the supply) begins on the Supply Start Date. From this date and for as long as we are the registered supplier, all gas and/or electricity that passes through your meter or which is supplied to the Premises will be treated as being supplied under the Contract, even if you have a contract with any other person.

6.2 Your Supply Start Date will usually be in five (5) working days from the day when you enter into a supply contract with us, unless:
6.2.1 You have requested a later Supply Start Date;
6.2.2 You have told us you don’t want us to supply you;
6.2.3 We have difficulties taking over your supply from your current supplier. This could be because:
6.2.3.1 your current supplier objects to you switching because you have not met termination conditions of your contract with them;
6.2.4 we have not received or do not have all of the information required to take over the supply, despite taking reasonable steps to obtain it;
6.2.5 you are connected to a private gas or electricity network and:
6.2.5.1 a physical connection needs to be made to the distribution network for the electricity and/or gas and that connection has not yet been made;
6.2.5.2 your current supplier has told you about the way your metering needs to be arranged to allow another supplier to start supplying you and your meter has not yet been changed to allow this.
6.2.6 Ofgem prevents us taking over your supply;
6.2.7 There are any other circumstances beyond our control.

6.3 Where you enter into a contract with us after 5pm on a working day, your Supply Start Date will be within five (5) working day from the next working day following the date on which you entered into a contract with us.

7 Security Deposit

7.1 We may at any time, ask you for a Security Deposit. If you do not provide this, we may give you notice to end the Contract in line with clause 14.

7.2 If you miss any payments while the Security Deposit is being held by us, we may, at our discretion, use this to offset debt and request a further deposit.

8 Prices

8.1 Your tariff and prices will be set out in the Welcome Pack. You can also find the detail of your tariffs, prices and charges on your bill.

8.2 We will charge you for the amount of gas or electricity supplied to you in kilowatt hours.

8.3 The prices will include a Standing Charge and a single Unit Charge (per time band). Standing Charges will apply, whether or not you have used the supply, from the earlier of either:

8.3.1 the date a Deemed Contract arises;

8.3.2 the Supply Start Date.

8.4 We can charge you any reasonable costs and expenses we have to pay in carrying out our responsibilities to you. This includes any reasonable costs connected with Network Operators’ services, recovering money you owe, and disconnecting, reconnecting or replacing any metering equipment.

8.5 We reserve the right to charge you a fair and reasonable proportion of any sales tax, duty or levy (such as VAT) imposed upon us as your supplier (except for taxes on our own income or profits) and to change our prices to reflect any changes in them.

8.6 Where you receive electricity from us through an Economy 7 Meter, the relevant times for calculating any day/night prices will be those prescribed by the Network Operator. Please note that unless you have an Economy 7 Meter, we may not be able to offer you variable Unit Charges for your day/night usage.

9 Contract changes

9.1 If the Contract has a fixed term period, we may not change the prices or other terms and conditions of the Contract prior to the end of the fixed term period unless:

9.1.1 the change is not to your disadvantage;

9.1.2 the tariff is a Tracker Tariff or a Staggered Tariff;

9.1.3 the information you have given us is incomplete or incorrect;

9.1.4 there has been a change in the VAT rate and the change is reflect the change in the VAT rate;

9.1.5 we exercise the right to move you to another payment method on the grounds of debt.

9.2 If the Contract does not have a fixed term period, we may change our prices or other terms and condition of this Contract. Any changes will apply from the date we publish them on our website. If we make a change that significantly disadvantages you (including price increases), we will tell you about the changes and the effective date(s) at least thirty (30) days before they are due to apply. If you do not agree to the changes, you may end the Contract and switch to one of our other tariffs that does not include the relevant term or switch supplier.

9.3 If you do decide to switch to one of our other tariffs, the changes will not apply as long as your new tariff starts within (but not including) twenty (20) working days from the date that the changes are due to come into effect.

9.4 If you do decide to switch supplier, the changes will not apply as long as:

9.4.1 within twenty (20) working days of (but not including) from the date that the changes are due to come into effect, we receive notice from another supplier that they will begin supplying the Premises within a reasonable time.

9.4.2 if we object to you leaving due to debt but you settle your account within thirty (30) working days of this objection, and we have received the required notice as detailed above.

9.5 When we change our prices, we will take or ask you to give us a meter reading for the day the change is due to apply. If we cannot take a meter reading and you do not give it to us, we will estimate the meter reading for you. We will apply the new prices from this meter reading onwards.

9.6 In exceptional circumstances we may agree to vary the Contract by mutual consent. Where we require your consent, we will write to you setting out the proposed change, together with an explanation of what this will mean for you and ask you to contact us. Once we have received confirmation of your agreement to the change(s), we will confirm the agreed changes in writing within five (5) working days.

10 Billing

10.1 We will send you a bill at least once a month, but we may send you a bill more frequently in line with your agreed payment method. Your bill frequency will be stated in the Welcome Pack.

10.2 If we do not have all the information we need (including the amount of gas and/or electricity you have used during any period) to work out the charges you owe we will base your bills on our reasonable estimate of your usage relying on the information we have about the Premises, your annual consumption and your historical usage. If you believe an estimate is incorrect, please contact us with your own meter reading. We will revise your bill to your meter reading provided that your meter reading is in line with previous accurate readings.

10.3 If you do not give us a meter reading on your Supply Start Date or, in the case of a Deemed Contract, on the date you become responsible for the Premises, your account may be opened on an estimated meter reading.

10.4 If your meter is not read immediately before the Supply Start Date, or we reasonably believe that the reading we have is not accurate, we may estimate the amount of gas and/or electricity supplied during the period beginning with the Supply Start Date and ending with the earlier of

10.4.1 the date the meter is first correctly read after the Supply Start Date; or

10.4.2 the date your Contract with us ends.

10.5 Meter readings taken by you or us will be used as evidence of your consumption for the purposes of us calculating your bills, unless the meter is found to be recording inaccurately or you are able to provide evidence that the meter has been read incorrectly.

10.6 We will not bill you or otherwise make a payment request for charges which we have not previously requested payment for and that could reasonably be considered to be more than twelve (12) months old.

10.7 Clause 10.6 may not apply if you have behaved obstructively or unreasonably which prevents us from accurately billing you. For example, by physically blocking more than one reasonable attempt to take a meter reading at your property or if you have stolen gas or electricity.

11 Payment

11.1 You agree to pay us for the charges billed by us in respect of the supply which are not genuinely disputed, even if the charges are based on an estimate of your gas and/or electricity use.

11.2 You may dispute an invoice at any time. If you pay by direct debit, you do not agree with our invoice and you tell us at least three (3) working days prior to when payment is due, we will not process your direct debit. If only part of the invoice is disputed you must pay the part that is not in dispute. Once your dispute is resolved you must pay any money outstanding.

11.3 You agree to pay all bills by monthly direct debit, unless we agree otherwise. If we agree that payment will not be by direct debit, you may have to pay an administration charge.

11.4 If you pay by direct debit, we need to agree the fixed amount you need to pay at first to cover your yearly gas and/or electricity costs. We will review this amount every twelve (12) months. We might carry out more frequent reviews, but this is not guaranteed. Unless we decide that it is necessary to do so, we will not alter your direct debit when you make any extra ‘one-off’ payments, but at each review we will take account of one-off payments you have made.

11.5 Whenever we review your direct debit, we will estimate the cost of the gas and/or electricity you will use up to the date of the next annual direct debit review date. This will be based on your past gas and/or electricity use, current prices, and any debt or credit on your account. If your direct debit needs to change to cover your estimated yearly gas and/or electricity cost, we’ll let you know and make the changes.

11.6 If, on the date we review your direct debit your account is in credit, we will refund the amount you are in credit once you have given us your own meter reading. If your account with us is in debt we will let you know and take the amount of the debt from your bank account. By choosing to pay by direct debit, you agree to these payment terms.

11.7 You must pay your bill by the due date on the bill (or if a due date is not given within 10 calendar days of the bill date) using the payment method we have agreed with you. If you choose to pay by direct debit and you fail to do so, we will write to you, explaining what has happened and giving you a date when you need to re-start your direct debit, and what to do if you cannot afford your direct debit amount.

11.8 Any person named on the supply account is responsible for paying our bills and we may claim any money owed to us under the Contract for one or all of the people named.

11.9 If you pay your bills by fixed direct debit, we may adjust the final amount that we debit from your bank account to include any sums owing to us at the end of the Contract.

11.10 We may use any sums that you pay us to offset other sums you may owe us such as:

11.10.1 we may allocate your payment against the oldest sum due even if you tell us that the payment related to another amount you owe us

11.10.2 if you are in credit in relation to a particular supply or Premises we may allocate this credit against a debit balance on another part of your account, or against other Premises, e.g. if your gas account is in credit we can use this credit to pay off a debit on your electricity account

11.10.3 if we receive a payment intended to pay for more than one supply or Premises we may allocate this payment to different accounts against the oldest sums you’re due to pay us.

11.11 We have the right to use or transfer any debts or credits you have on your account, for accounts you have with us to pay off any debt you owe us.

11.12 If you do not pay your bill, we may also recover from you any costs incurred recovering the sums due including:

11.12.1 the cost of visiting your home;

11.12.2 administration costs incurred by us or our agents when trying to contact you;

11.12.3 the cost of applying for a warrant of entry and carrying it out;

11.12.4 the cost of tracing you if you move home and do not provide a forwarding address;

11.12.5 any other costs reasonably incurred to recover the debt.

11.13 We have the right to charge you interest if you are late paying any debt you owe us. This will be at a yearly rate of 8% above the Bank of England bank lending rate at the relevant time. We will also be entitled to pass on to you any third party charges incurred in collecting the debt such as those of a debt collection agency.

11.14 If you are finding it difficult to pay your bills we will try and help you. We may allow you to spread the money you owe us over a period of time and at a rate agreed by us or pay using the Fuel Direct Scheme, subject to your eligibility.

11.15 When we determine your repayment rate, we will take account of how much you can afford to repay. We will give due consideration to information about your affordability provided by third parties.

11.6 Any payment plan will be conditional on you making the agreed scheduled payments and continuing to pay for the on-going supply. You will be able to pay the outstanding balance on the payment plan at any time before it ends.

11.7 We will object to you switching the supply to another supplier during any payment plan unless you pay any sums outstanding in full.

12 Disconnection

12.1 We have the right to disconnect the Premises in the following circumstances:

12.1.1 in an emergency or if we are required to do so by law;

12.1.2 where we or the Network Operator need you to stop using your gas supply as your home, or the public, may be in danger. You agree to take all reasonable steps to avoid its use immediately.

12.1.3 where it is not reasonable, in all circumstances, for us to supply you and we give you seven (7) days’ notice that we are ending the Contract and cutting the supply.

12.2 If we supply you gas and electricity, we will treat each supply as if it is dealt with under a separate contract. We will not disconnect both your gas and electricity unless one of the reasons in clause 12.1 applies to both.

13 Access and metering

13.1 Under normal circumstances we will provide any equipment necessary to provide our service(s) and appoint suitable agent(s). All equipment will remain the property of us or our agents.

13.2 You will allow safe, full, free and unrestricted access to all metering equipment and other fittings used in connection with supplying your premises to us, our agents, the Network Operators and any other person nominated by us. You must allow these parties access to the Premises:

13.2.1 to install, repair, reposition, replace or remove a meter

13.2.2 to read, test or inspect a meter

13.2.3 to disconnect, reconnect, de-energise, isolate or re-energise a supply

13.2.4 at any time in the case of an emergency

13.2.5 for any other reason permitted under our supply licences.

13.3 If obstructions prevent access, you must remove them and pay any costs involved.

13.4 You must not damage or tamper with your meter. If you do, we will charge you for the reasonable costs of repairing or replacing the meter.

13.5 If your meter is, or appears to be, running backwards, or is in any way failing to record your consumption of supply accurately (including a defective meter or where you have had a micro generation system installed at the Premises), you agree to notify us immediately and we may charge you for the reasonable costs of repairing or replacing the meter. You agree to pay for the amount we reasonably estimate has been used during the period in question.

13.6 Either of us can ask for the meter to be tested to make sure that it is recording your usage accurately:

13.6.1 if you request the test and the meter is found to be recording accurately (within permitted tolerances) you will bear the costs of the accuracy test;

13.6.2 but if, regardless of who requests the test, the meter is found to be recording inaccurately (outside the permitted tolerances) we will bear the cost of the accuracy test and will arrange for the meter to be replaced.

13.7 On delivery or installation, you are responsible for keeping any equipment safe and in good order. You must not modify it in any way. You must tell us immediately if there is any damage or fault to the metering equipment. We may recover any costs we have to pay for replacing or repairing the metering equipment (including any call-out charges), unless the damage is caused by something we have done or failed to do.

13.8 You are responsible for and will maintain all pipes, wires, cables, equipment and fittings on the Premises from the point the supply leaves your meter, and the meter has recorded it. Any gas and/or electricity losses that happen on your side of the meter are your responsibility.

13.9 We may also recover from you any costs that we incur:

13.9.1 if you ask us to reposition or exchange the meter unless you’re of state pension age, disabled or chronically ill and currently unable to use the meter

13.9.2 if you ask us to arrange an appointment for the meter to be repaired, exchanged or inspected and you fail to attend or allow us access to the Premises.

13.10If you have a Smart Meter installed at the Premises by a previous supplier, we will endeavour to use it as such, but we may have to treat it as a traditional meter until such time as we notify otherwise.

13.11 If you have agreed to have a Smart Meter installed, we will contact you to arrange a convenient time for installation. You may change this appointment with more than 48 hours’ notice without charge. If for any reason we are unable to gain access to the Premises, or you have not contacted us to change the appointment more than forty eight (48) hours before, we may recover from you our reasonable costs for the failed visit.

13.12 Once we have notified you that we are able to use the Smart Meter functions you agree that we may use it to manage your account to:

13.12.1 take meter readings which we may use to calculate your bill;

13.12.2 monitor your usage;

13.12.3 repair and update the Smart Meter;

13.12.4 offer you appropriate tariffs and other products (including via any associated in-home display device) and for any other purposes in line with the Privacy Notice;

13.12.5 disconnect your supply provided the circumstances in section 12 apply;

13.12.6 identify any faults or interference with the Smart Meter.

13.13 If for any reason your Smart Meter fails to record your usage or fails to record it accurately, or we are unable to obtain a meter reading from the Smart Meter for any reason beyond our control, then we may estimate your usage.

13.14 The home display device may show the cost of your usage but will not show the total charges due under the Contract.

14 Termination

14.1 This Contract continues until it is ended in accordance with this clause 14. After this time, if you want to receive a further supply, you will need to enter into a new contract with us. If you or we end this Contract and we continue to be your registered supplier, you may move to a Deemed Contract.

14.2 If the Contract has a fixed term period and you terminate the contract before this period has expired, you may have to pay an early exit fee.

14.2.1 If your Contract has a fixed term period and the fixed term period is ending, we will send you a statement of renewal terms between forty-nine (49) and forty-two (42) days before the fixed term period is due to end which will include information about your new prices and options to switch to one of our other tariffs or switch supplier.

14.3 You may initiate (but not complete) a switch to a new supplier prior to receiving the statement of renewal term without incurring an early exit fee. You may complete a switch to another supplier no sooner that forty-nine (49) days before the end of the fixed term without incurring an early exit fee.

14.4 If you do not switch to a one of our other tariffs or switch supplier, you will automatically be transferred to our cheapest Standard (Variable) Tariff.

14.5 If you do decide to switch supplier, we will let you stay on your current tariff:

14.5.1 If within twenty (20) working days (but not including) from the end of the fixed term period, we receive notice from another supplier that they will begin supplying the Premises within a reasonable time.

14.5.2 if we object to you leaving due to debt but you settle your account within thirty (30) working days of this objection, and we have received the required notice as detailed above.

14.6 If the Contract has a fixed term period and you do decide to switch to one of our other tariffs between no more than forty-nine (49) days before the end date and twenty (20) working days (but not including) from the end of the fixed term period, you will be subject to the terms and conditions of the existing tariff until the new tariff comes into effect.

14.7 Our Standard (Variable) Tariff will continue until we end it. If we do decide not to continue with a Standard (Variable) Tariff, we will write to you between forty-two (42) and forty-nine (49) days before the end date to tell you that we will arrange for you to be automatically transferred on the end date to the cheapest Standard (Variable) Tariff we offer. We will include the prices for that tariff when we write to you and provide a comparison of the terms and conditions. If the cheapest Standard (Variable) Tariff or the terms and conditions are unacceptable to you can switch to one of our other tariffs or switch supplier.

14.8 If you decide to switch to one of our other tariffs, we will let you stay on your original Standard (Variable) Tariff until your move to the new Standard (Variable) Tariff is completed, which in any case must be completed within twenty (20) working days (but not including) from the end date.

14.9 If you decide to switch supplier, we will let you stay on your original Standard (Variable) Tariff:

14.9.1 If within twenty (20) working days of (but not including) from the end date, we receive notice from another supplier that they will begin supplying the Premises within a reasonable time.

14.9.2 if we object to you leaving due to debt but you settle your account within thirty (30) working days of this objection, and we have received the required notice as detailed above.

14.10 Following the end of the fixed term, you may terminate this Contract at any time by giving us twenty-eight (28) days written notice provided that:

14.10.1 You have paid us all sums you owe to us;

14.10.2 on the final day of the notice period your supply is switched to an alternative supplier or is disconnected/de-energised. If your supply has not been switched to another supplier and the meter is still connected/energised you will be moved to a Deemed Contract.

14.11 We may object to you switching to another supplier where:

14.11.1 you have any sums outstanding to us;

14.11.2 your new supplier has contacted us and it is agreed the application was made by mistake or without your proper consent;

14.11.3 there is a Related Meter at the Premises and the new supplier has not applied to switch all of the Related Meters on the same Supply Start Date

14.11.4 you have asked us to.

14.12 If you are moving, or for any other reason will no longer be responsible for the Premises, you must:

14.12.1 notify us at least two (2) days beforehand in writing;

14.12.2 provide us with your new address (if applicable);

14.12.3 provide a final meter reading so we can accurately produce your final bill.

14.13 Provided that you have complied with clause 14.12 the Contract will end on the date that you move out of the Premises.

14.14 If you fail to give us the correct notice and information in clause 14.12.3, the Contract will continue and you will remain responsible under it until the earlier of either:

14.14.1 two (2) days after you tell us that you have moved;

14.14.2 when we are contacted by the person now responsible for the Premises.

14.15 We can end the Contract in any circumstances by giving you thirty (30) days’ notice. If during this period you have not switched to an alternative supplier and your meter remains connected/energised you will be moved to a Deemed Contract.

14.16 The Contract may be terminated immediately in the following circumstances:

14.16.1 you commit a serious breach of the Contract (e.g. meter tampering);

14.16.2 fail to keep to an agreed repayment plan;

14.16.3 refuse to pay a Security Deposit when requested;

14.16.4 you no longer own, rent or use the Premises;

14.16.5 refuse to enter into a repayment plan;

14.16.6 refuse to use the Fuel Direct Scheme when you are eligible;

14.16.7 you have any form of bankruptcy or insolvency proceedings brought against you;

14.16.8 we no longer hold the relevant supply licences ;

14.16.9 there is a risk of danger to you or others if we continue the supply;

14.16.10 Ofgem has told another supplier to supply you;

14.16.11 the Premises are or are to become Green Deal Premises or we reasonably expect that the Premises will or will continue to be Green Deal Premises at the time we expect to begin supplying electricity to the Premises;

14.16.12 circumstances beyond our reasonable control mean we are not able to carry out our duties under the Contract (for example, anything any other supplier, Network Operator, or other person does or fails to do);

14.16.13 could have chosen to pay by direct debit but fail to use that payment method and have not agreed another payment method with us. We have this right even if you do not have a debt on your account.

14.17 We will send you your final bill within six (6) weeks of the Contract end date. Where further information becomes available to correct an error is your final bill, we will send you a correct final bill.

14.18 Ending your contract will not affect any rights and responsibilities you or we had before the Contract ended, or which are due to come into force under that contract or to continue after the date it ended.

15 Data protection

We respect your privacy and are committed to providing you with a clear understanding of how we use your data. To find out about the ways in which we protect and use your data, please visit our Privacy Notice.

16 Liabilities

16.1 We cannot guarantee an uninterrupted supply. If we cannot supply you for some reason beyond our reasonable control you will not be able to claim that we are in breach of the Contract or a Deemed Contract.

16.2 Whether by reason of any negligence or the negligence of any of our or the Network Operator’s employees or agents, any non-fraudulent misrepresentation, any breach of the Contract or any express or implied warranty, condition or other term or breach of statutory duty or otherwise, neither we nor the Network Operator will be liable to you for:

16.2.1 any indirect or consequential loss, damage, cost, expense or claim including loss of profit, revenue or use, damage to reputation, loss of business opportunities or anticipated revenues;

16.2.2 damage that is beyond our reasonable control;

16.2.3 any loss you suffer as a result of your responsibilities to any other person (however this is caused).

16.3 Our and the Network Operator’s total liability (including interest and legal and other costs) to you relating to all claims arising under or in connection with the supply or the Deemed Contract (whether by reason of any negligence by us or the Network Operator or any of our or the Network Operator’s employees or agents, any non-fraudulent misrepresentation, any breach of contract or an express or implied warranty, condition or other term, breach of statutory duty or otherwise) will not in any event exceed £500 (five hundred pounds).

16.4 Nothing in the Contract or Deemed Contract limits or excludes our liability for death or personal injury caused by our negligence.

17. Other terms

17.1 If a court finds that part of the Contract or Deemed Contract is not valid, the rest of the Contract or Deemed Contract will not be affected.

17.2 If, at any time, we do not enforce any part of the Contract or Deemed Contract it will not stop us from doing so in the future.

17.3 We may assign, sub-contract or transfer all or any part of the Contract or Deemed Contract to another supplier without notice to you.

17.4 Your rights and duties under the Contract apply only to you and cannot be transferred to any other person without our written permission.

17.5 You and we do not intend that any part of the Contract or Deemed Contract should be enforceable by any person who is not a party to it and agree to exclude the provisions of the Contract (Rights of Third Parties) Act 1999.

17.6 Your statutory rights under the law are not affected by the Contract.

17.7 The Contract is made under the laws of England and Wales for supply in England and Wales, and by the laws of Scotland for supply in Scotland.

18 Independent advice and complaints

18.1 If you have concerns, we would like to help. To contact our Customer Care Team (9am to 5.30pm, Monday to Friday) call 0333 370 9900 or email customercare@pozitiveenergy.co.uk. If you are still unhappy, you can email our Complaints Team at complaints@pozitive.energy. You can escalate your complaint further to our Compliance Team by emailing compliancemanagement@pozitive.energy. If you’re still not satisfied, you can contact the Ombudsman Services: Energy on 0330 440 1624 (9am to 5pm, Monday to Friday,) or visit ombudsman-services.org/energy for a free and independent review. If the Ombudsman finds we have not acted correctly, they will make recommendations on how we can put this right. This might include:

18.1.1 an apology or explanation;

18.1.2 compensation; or

18.1.3 any other relevant action.

18.2 It is easy to get free, independent advice. You might want to get a better deal, find out how to make a complaint, get advice about the quality of your electricity or gas supply, or ask for help if you are struggling to pay your bills. Visit citizensadvice.org.uk/energy for up to date information or contact the Citizens Advice consumer service on 03454 04 05 06.