Full Terms and conditions
1 These Contracts
1.1 This document sets out the terms on which we will supply electricity, gas (or both) to your home (we will refer to these fuels together in this contract as “Energy”, although it may be that we only supply you with just one fuel.) In addition to supplying you with Energy we will provide you with services associated with the supply of Energy to you, which will include reading your meters and providing you with bills for the Energy you use. We will provide these services in accordance with the service quality levels we have set out on our website at www.our-power.co.uk. Details of what you can do if you do not think we have performed our services to these standards are also set out on our website. If you do not have access to the internet and you would like a copy of these standards please phone us on 0808 168 4534 and we will post these out to you.
1.2 These terms and conditions contained in this document cover two types of contract. However, at any one time only one type of contract will apply to our supply of Energy to you (we call this the “Supply”). Which contract is in place between us depends on how you entered into a contract with us:
1.2.1 If you have signed or are about to sign a contract with us for the Supply then you have entered or you are about to enter into a written supply contract with us for that Energy (we call this contract a “Supply Contract”); or
1.2.2 If you have not entered into a written contract with us, but we supply your home with Energy, for example because we were the current supplier when you moved into your property, then you are in a contract with us for that Supply even though we have not signed anything. The contract between us arises because we provide you with Energy, which you use, meaning that you are deemed to be our customer (we call this the “Deemed Contract”).
1.3 Some of terms in these terms and conditions apply only where a Supply Contract is in place between us and some only apply where there is a Deemed Contract in place. Equally, some provisions apply to both types of contract. We have marked in these terms and conditions which terms apply to which type of contract, so you can see what is relevant to you.
1.4 Our full name is Our Power Energy Supply Limited and we are licensed to supply electricity and gas. Our registered office is at 6th Floor, One London Wall, London, EC2Y 5EB and our company number is 09134997. However, please do not contact us at our registered office. Should you wish to contact us, you should use the address or alternative contact details set out in Clause 3.4 below.
1.5 We will under either a Supply Contract or a Deemed Contract supply your home (we will call this the “Property”) with Energy and therefore you shall be a domestic customer of Our Power Energy Supply Limited. By entering either the Supply Contract or the Deemed Contract you confirm that the Property is used wholly or mainly for domestic purposes.
1.6 Please read these terms carefully, as they contain important information about who we are, how we will supply Energy to you at the Property, how we will charge you for the Supply, what to do if there is a problem and how your contract can end and how we can change your contract.
2 Things we need you to confirm
2.1 You agree that on entering either the Supply Contract or the Deemed Contract with us, you will automatically be confirming to us that:
2.1.1 You are and/or will be on the date on which your contract starts, the owner or the occupier of the Property (or that you will otherwise be responsible for the Property);
2.1.2 The Property is connected to mains electricity and/or gas;
2.1.3 You are aged sixteen (16) years or over; and
2.1.4 You shall let us know if you start using the Supply for any purpose other than mainly for your domestic use (so, for example, this would apply if you start using your Property for your business). You will notify is within seven (7) days of making that change. Please contact us using any of the details in Clause 3.4 below if you are unclear what this means.
3 Supply Contract only terms
If you have entered into a Supply Contract with us (as set out in Clause 1.2.1) then these terms apply to you, but the terms set out in Clause 4 below do not. The General Terms which start at Clause 5 and continue to the end of this document apply to both the Supply Contract and the Deemed Contract, so these also apply to your supply with us.
3.1 Your Start Date. Unless one of the situations outlined in Clause 3.2 below occurs, your Supply Contract with us will start from the expected start date we have set out in the welcome letter we have issued or will issue to you (we call this letter the “New Supply Welcome Letter”). This expected start date will be the same date on which we have processed your application, whether you have made that application by telephone, online via our website www.our-power.co.uk or in writing (this will be the “Start Date” of your Supply Contract):
3.1.1 We will endeavor to process your application within five (5) business days of receiving it from you. However, in some circumstances we may need to contact you to discuss aspects of your application with you, which may mean it could take longer to process it; and
3.1.2 We will send you a New Supply Welcome Letter on the same day as the day we process your application to switch your supply to us, which as well as highlighting your expected start date, will contain other important information about your supply, such as your tariff, the date your Cooling off Period will start and the date your Cooling off Period will end (your Cooling off Period is important - please see Clause 3.4 below for more details about this).
3.2 The Start Date of your Supply Contract may be delayed if we have difficulties taking over the Supply from your current supplier(s), for example if:
3.2.1 Your current supplier(s) objects to you switching the Supply to us because you have not properly terminated your supply contract with them;
3.2.2 Your current supplier(s) object to you switching the Supply to us because they consider you owe them money;
3.2.3 We have not received or do not have all of the information we need to enable us take over the Supply, despite us having taken reasonable steps to obtain it;
3.2.4 Your Property is connected to a private gas or electricity network and a physical connection needs to be made to the public electricity or gas distribution networks for the electricity and/or gas and that connection has not yet been made;
3.2.5 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;
3.2.6 You do something that prevents us from taking over your Supply, which may include but will not be limited to you having tampered with the meter or any equipment at the Property; and/or
3.2.7 We are prevented from taking over the Supply, including by Ofgem, or there are other circumstances beyond our control preventing us supplying you. 3.3 Your Supply Contract shall be made of up of the New Supply Welcome Letter we issue to you and these terms and conditions.
3.4 Changed your mind? If you change your mind after you have requested a Supply Contract from us then you can cancel that Supply Contract any time within the first fourteen (14) days of the Start Date (we call this period the “Cooling off Period”). We have confirmed the dates of your Cooling off Period in your New Supply Welcome Letter, so please have a look at that. Where you cancel your Supply Contract with us during the Cooling off Period you are free to leave without a penalty or exit fee. To cancel within the Cooling off Period just tell us you have changed your mind by either:
3.4.1 Phoning us on 0808 168 4534; or
3.4.2 Emailing firstname.lastname@example.org; or
3.4.3 Writing to us at Our Power Energy Supply Ltd, Hay Business Centre, 4 Hay Avenue, Edinburgh, EH16 4AQ. Where you write to us, please ask the Post Office to provide you with proof of postage, as we may need you to provide this where you inform us of your decision to cancel towards the end of your Cooling off Period. You do not need to tell us why you have changed your mind, but you will need to provide us with your account number or your name and address. We will then write to you to confirm your cancellation. It is your responsibility to ensure your cancellation notice reaches us within the Cooling off Period. Where we receive notice that you would like to leave us after your Cooling off Period has ended it may take longer for you to switch your supply from us and you should have a look at Clause 3.10 for more details of how to leave us.
3.5 If you chose to cancel your Supply Contract during the Cooling off Period and you do not arrange for another supplier(s) to take on your Supply then we will keep supplying your Property with Energy after you have canceled, but we will charge you for this Energy at our Deemed Contract rates.
3.6 Starting supply – things we need. To enable us to start to Supply you, you agree to:
3.6.1 Allow us to cancel your existing contract with your current supplier(s) on your behalf;
3.6.2 Allow us to ask for your current supplier(s) for information about your previous supply and to pass on that information to any relevant parties to enable us to carry out responsibilities under this Supply Contract, for example to enable us to find out whether a Smart Meter has been installed at the Property and to get information about that Smart Meter (please see Clause 11 below for more details about Smart Meters);
3.6.3 Allow your current supplier(s) to transfer us the right to collect any debt you owe to them (if we chose to agree to this transfer or if we are required to agree to it); and
3.6.4 Give us meter readings at the Start Date or allow us to access the Property to obtain one, as well as providing us with any additional information that we may require.
3.7 Supply Contract charges. The prices we will charge to you for the supply of Energy are set out in the New Supply Welcome Letter we have provided to you. You can also find our charges on your bill, or obtain them by calling us on 0808 168 4534 or visiting us online at www.our-power.co.uk. We shall charge you for the amount of Energy we have supplied to you in kilowatt hours. You must pay VAT and any other taxes and duties at the applicable rate.
3.8 Our charges will apply from the Start Date and are broken down as follows:
3.8.1 A standing (or fixed) charge in respect of the costs we incur in transporting Energy to you through the network; and
3.8.2 A unit rate charge, which will vary depending on the time of day and will be as set out in the New Supply Welcome Letter and as also outlined on your bill. If you have an economy meter please see Clause 3.9 below in relation to the unit rate that may apply to you.
3.9 Where you receive electricity from us through an economy meter, time of use rates will apply to you, which means you will pay a different price for your electricity depending on the time of day. Where this is the case we will tell you on your bill and the relevant times for calculating any day/evening/night/ weekend unit rates will be those prescribed by the local electricity distributor in the area where your Property is located. If you’re not sure what relevant times apply to your meter please call on 0808 168 4534 or email us email@example.com. Please note that unless you have an economy 7 meter we may not be able to offer you variable unit rate charges for your day/evening/night/weekend usage.
3.10 Ending your Supply Contract – your right to terminate. You may terminate the Supply Contract in respect of either or both fuels at any time by asking an alternative supplier to take over your Supply from us. Where you do this, we will consent to this transfer when asked by your replacement supplier, unless one of the situations outlined in Clause 3.12 below applies.
3.11 Where you provide us with notice to terminate under Clause 3.10 but an alternative supplier is not appointed at the end of the notice period, and the meter is still connected and energised then we shall immediately move you on to a Deemed Contract with us in which case the charges applicable to a Deemed Contract will apply.
3.12 Where you wish to terminate we may object to you transferring your Supply to another supplier where:
3.12.1 You owe us money at time the transfer request was made and you have not disputed that these sums are properly due to us;
3.12.2 Your new supplier has contacted us to tell us that the application to transfer your Supply to them was made in error and we agree with them that this transfer was a mistake;
3.12.3 You inform us that you have not entered into a contract with the proposed new supplier and ask us not to permit the proposed transfer to take place;
3.12.4 Your Supply Contract with us will not end before the transfer date being requested by the proposed new supplier; and/or
3.12.5 The proposed transfer relates to a related metering point and the proposed new supplier has not applied to transfer all the related metering points on the same business day for the same start date.
3.13 Where you are moving home or will not be responsible for the Property for any other reason you agree to:
3.13.1 Notify us beforehand by either post, telephone or email using the details listed in Clause 3.4 above;
3.13.2 Provide us with your new address where we request this from you;
3.13.3 Provide us with a final meter reading so we can accurately produce your final bill. Where you fail to do this, you recognise that your final bill shall be calculated based on an estimated meter reading in accordance with Clause 7 below.
3.14 Provided always that you have complied with the requirements of this Clause, this Supply Contract will end on the date that you move out of your Property. Where you fail to provide us with complete and accurate information, you shall remain responsible under this Supply Contract until the earlier of:
3.14.1 The date being two (2) days after you tell us that you’ve moved; or
3.14.2 The date on which when we are contacted by the person now responsible for the Property.
3.15 Our right to terminate the Supply Contract. We may end the Supply Contract for any reason by giving you thirty (30) days’ prior notice. If at the end of this thirty (30) day period you have not appointed a new supplier to take over the Supply from us and your meter remains connected and energised then we shall immediately move you on to a Deemed Contract with us, in which case our Deemed Contract charges will apply.
3.16 We may terminate this Supply Contract immediately in any of the situations outlined below:
3.16.1 Where you commit a material breach of this Supply Contract;
3.16.2 If we no longer hold the relevant Supply Licences to enable us to be able to lawfully provide the Supply to you; or
3.16.3 If Ofgem has told another supplier to Supply you.
3.17 Regardless of the reason for the end of the Supply Contract, we shall use our reasonable efforts to send our final bill to you promptly following the end of the Supply Contract. If information comes to light in the future which corrects the final bill we have already issued to you, we shall revise our final bill as soon as is reasonably practicable and send this updated bill to you.
4 Deemed Contract only terms
If you have entered into a Deemed Contract with us (as set out in Clause 1.2.2) then these terms apply to you, but the terms set out in Clause 3 do not. The General Terms which start at Clause 5 and continue to the end of this document apply to both the Supply Contract and the Deemed Contract, so these also apply to your supply with us. Paragraph 3 of Schedule 6 to the Electricity Act 1989 provides for certain circumstances in which the owner or occupier of a Property will be deemed to have contracted with us for the supply of electricity to those premises. Paragraph 3 of Schedule 6 to the Electricity Act 1989 also provides for us to make a scheme for determining the terms and conditions which are to be incorporated into the resulting deemed contracts. This is our scheme, and the terms and conditions are set out below. Paragraph 8 of Schedule 2B to the Gas Act 1986 provides for certain circumstances in which the owner or occupier of a Property will be deemed to have contracted with us for the supply of gas to those premises. Paragraph 8 of Schedule 2B to the Gas Act 1986 also provides for us to make a scheme for determining the terms and conditions which are to be incorporated into the resulting deemed contracts. This is our scheme, and the terms and conditions are set out below.
4.1 As noted in Clause 1.2.2, you do not need to sign a formal contract with us for this Deemed Contract to apply. This Deemed Contract applies on the terms set out in this document because we supply you with Energy at the Property.
4.2 This Deemed Contract will continue for as long as your use Energy at the Property, until you move house or until one of the other situations we have outlined in Clause 4.5 below applies to you.
4.3 These terms and conditions together with our Deemed Charges (please see Clause 4.7 for details of where you can find these) and the welcome letter we shall issue to you when we are told about your new tenancy (we call this letter the “Change of Tenancy Welcome Letter”) shall form the entire Deemed Contract between us.
4.4 Your Deemed Contract started or will start on one of the following dates (we will refer to this date as the “Start Date”):
4.4.1 The date we become your registered Energy supplier;
4.4.2 The date you begin to take the Supply from us (for whatever reason); or
4.4.3 The date on which you become responsible for the Property we supply, including without limitation as a tenant or occupier, or where you are the Landlord and the Property is not occupied by a tenant, in which case you would become responsible from the date on which the Property was vacated.
4.5 Your Deemed Contract with us will continue until:
4.5.1 You enter into a Supply Contract with us (please see Clause 3.1 above for details of how to do this);
4.5.2 You switch to an alternative electricity or gas supplier;
4.5.3 You move from the Property and/or someone else becomes responsible for it; or
4.5.4 Your Supply is either disconnected or de-energised, both of which shall be arranged by us at your request and cost.
4.6 Deemed Contract - Charges. We will charge you for the Supply from the Start Date (please see Clause 4.4 above).
4.7 Where you are on a Deemed Contract with us, we will calculate your charges based on our Deemed Contract rates. Details of our current Deemed Contract rates which apply to your Deemed Contract are included in your Change of Tenancy Welcome Letter, but can also be obtained by calling 0808 168 4534 or emailing us firstname.lastname@example.org.
4.8 We may change the Deemed Contract rates which apply to your Deemed Contract from time to time. When we do so, we will promptly notify you of those changes in writing if you are on a Deemed Contract with us.
General Terms These terms apply to you whether you are on a Supply Contract or a Deemed Contract
5 Our right to change the charges or these terms and conditions
5.1 We may change our charges or any other provision of these terms and conditions, including the general terms and those that apply to just a Supply Contract or a Deemed Contract. However, if we make a change that significantly disadvantages you (such as an increase in our charges), we will tell you about the change and notify you of the date on which we intend to apply it at least thirty (30) days before that date.
5.2 If we notify you of a change we intend to make to our terms and conditions and you do not agree with it, you may end your contract with us and change to a different supplier. Where you elect to leave our supply the changes we have made will not then apply as long as:
5.2.1 We receive notice from another supplier within twenty (20) business days of the date on which we had intended the change to come into effect that they will take the Supply over from us within a reasonable time; and/or
5.2.2 Where we objected to you leaving our supply because you owe us money on your account, you settle your account within thirty (30) days of our objection to you leaving us.
5.3 When we change our charging structure we will ask you to promptly give us a meter reading for the day on which we are going to apply the new charges. If you do not provide us with this promptly, we will estimate the meter reading for you and we will apply the new charges from the date of this meter reading onwards.
6 Changing the Supply Contract by agreement between us
6.1 In exceptional circumstances we may together agree a change to your Supply Contract with us, rather than us suggesting a change as set out in Clause 5.
6.2 Where we require your consent to make a change to the Supply Contract, we will write to you setting out the proposed change, give you an explanation of what this will mean for you, and ask you to contact us.
6.3 Once we’ve received confirmation of your agreement to the change, we’ll confirm the agreed change in writing within five (5) business days.
7 Your bill
7.1 We aim to send you your bills at least quarterly. If you have a Pre-Payment Meter you will receive your bill less frequently and the provisions of Clause 10 will also apply to you.
7.2 We may base your bills on our reasonable estimate of your usage of Energy at the Property, relying on the information we have about the Property, the estimated annual consumption at the Property and your historical usage. If you believe an estimate is incorrect, please contact us with your own meter reading. You can do this by calling us on 0808 168 4534 or emailing email@example.com. We will then revise your bill to reflect your meter reading, provided that your meter reading is in line with previous accurate readings.
7.3 If you do not give us a meter reading on the Start Date you acknowledge that we may open your account based on an estimated meter reading.
7.4 Meter readings will be evidence of your consumption for the purposes of us calculating your bills, unless the meter is found to be recording inaccurately or you’re able to provide evidence that the meter has been read incorrectly.
8 Payment terms
8.1 You agree to pay us for the charges set out in our Energy bills to you within fourteen (14) days of the date stated on that bill (such date being the “Due Date”) unless we agree to change the Due Date to a different day. This clause does not apply to customers who pay for Energy using a Pre-payment Meter. If you have a Pre-payment Meter please move to Clause 10 below for details of how you can pay for your Energy.
8.2 We will send our bills to the person (or people) named on our accounts and that person (or people) will be responsible for paying our bills. Please check that we have the correct details for the person who will be paying for Energy used at the Property, as we may claim money from one or all of the people named on our account.
8.3 If you pay your bills by fixed Direct Debit we may adjust the final amount that we debit from your bank account to reflect any sums owing to us at the end of your contract with us.
8.4 You recognise and agree that we may use any sums that you pay us to offset other sums you owe us, including:
8.4.1 Allocating your payment against the oldest sum outstanding on your account, even if you tell us that the payment related to another amount you owe us; and
8.4.2 Where you are in credit in relation to a particular fuel or a particular property we may apply all or part of the credit to another part of your account, for example the other fuel or other property which you are responsible for.
8.5 If you fail to pay a bill by the Due Date we may also recover from you any reasonable additional costs we incur in recovering the sums due from you. These costs may include but are not limited to;
8.5.1 The cost of visiting the Property;
8.5.2 Administration costs incurred by us or our agents when trying to contact you;
8.5.3 The cost of applying for a warrant of entry and carrying it out; and/or
8.5.4 The cost of tracing you if you move out of the Property and do not provide us with a forwarding address for you.
8.6 If you do not pay your Energy bills on time we may require you to pay any sums outstanding by another payment method, such as through agreeing a payment instalment plan with us (please see Clause 9 below) or by having a Pre-payment Meter installed at the Property (please see Clause 10 below).
9 Instalment plans
9.1 If you are finding it difficult to pay your bills we will try and help you by discussing an instalment plan with you, which would be designed to help you spread payments due to us over a longer period of time (the “Instalment Plan”). However, we cannot always provide you with an Instalment Plan and you agree that whether we provide you with one shall be entirely at our discretion.
9.2 It is your responsibility to seek an Instalment Plan from us. If you are having problems paying us on time and would like to discuss your options with us, including agreeing an Instalment Plan, please call us on 0808 168 4534.
9.3 Where we agree an Instalment Plan over the phone with you, we will write to you with a copy of the Instalment Plan that has been agreed between us.
9.4 You recognise and agree that we can only continue to allow you to pay us by instalments under an Instalment Plan where you pay us the agreed payments and you continue to keep your account up to date, by paying the on-going bills we issue to you on time. Please call us on the number in Clause 9.2 above if you would like to discuss this.
9.5 If you enter into an Instalment Plan with us you could still choose to pay the whole amount remaining under that plan to us at any time. You would not be limited to only paying us in the instalments set out in your Instalment Plan.
9.6 You recognise and agree that where we agree an Instalment Plan we can object to you transferring the Supply to another supplier until you have paid any outstanding sums to us in full.
9.7 Where you fail to comply with the terms of an Instalment Plan with us we may terminate that Instalment Plan. In these circumstances, we may install a Pre-Payment Meter or Disconnect your Supply.
10 Pre-payment Meters
10.1 We have included some information on our website about Pre-payment Meters, which are a useful way of keeping on top of your Energy payments. If you would like us to send you some details on Pre- payment Meters please give us a call on the number mentioned at Clause 3.4.1.
10.2 If you use a Pre-payment Meter and inform us, or we otherwise suspect or are become aware that the Pre-payment Meter is no longer safe, we shall alter the position of, or replace the Pre-payment Meter at our cost.
10.3 Where we vary our charges in accordance with these terms and conditions we shall take all reasonable steps to ensure that the Pre-payment Meter is reset within a reasonable period of time after the change to our charges is made.
10.4 Where you use a Pre-payment Meter it is your responsibility to use adequate tokens for that meter and to look after your tokens or meter card.
11 Smart Meters
If we install a Smart Meter in the Property, the Property has a Smart Meter when you move in, then our Smart Metering Guide will explain to you how a smart meter works. To get the guide, please call 0808 168 4534 or email firstname.lastname@example.org. Your new Smart Meter and its display unit come with a few extra terms and conditions, detailed below.
11.1 This Clause 11 will only apply if there is a smart meter at the Property (the “Smart Meter”) and the Smart Meter is compatible with our systems.
11.2 You recognise and agree that the Smart Meter and display unit both belong to us or our agents. The display unit is separate from the Smart Meter, but is linked to the Smart Meter and will be installed in your Property. The display unit will not work with another smart meter, so you agree that if you move from the Property you shall leave the display unit behind.
11.3 You agree to let us use the Smart Meter to manage your Energy supply from a distance, without visiting the Property. That might include reading, repairing or updating the Smart Metering, switching it to a Pre-payment Meter, disconnecting the Supply (in the circumstances set out in these terms and conditions) or monitoring the amount of Energy you use.
11.4 You agree that the bills we send you shall be based on the readings from the Smart Meter and in some circumstances, including where the Smart Meter fails, we may need to estimate how much Energy you are using to enable us to calculate your bill.
11.5 The readings on your Smart Meter display unit may not always match the readings on your bill, as the Smart Meter will not show discounts or additional costs that we may add or subtract in accordance with these terms and conditions.
11.6 You agree that we shall be entitled to collect information from your Smart Meter for as long as we supply you with Energy. We agree that we shall only use the information we obtain from your Smart Meter in connection with the Supply or for other purposes connected with the energy industry (for example, to send you a bill or take part in a government approved trial).
11.7 We shall normally collect readings from your Smart Meter once a day. You can decide if you are happy for us to take one Smart Meter reading for the entire twenty four (24) hour period or for us to take a reading in respect of each half-hour period. We will not take more than one reading in a twenty four (24) hour period unless you have told us we can do this, or unless you have agreed to take part in a government approved trial.
11.8 You agree not to damage or interfere with the display unit provided with the Smart Meter. If you damage it you agree that you will pay for us or our agents to come to the Property and fix it.
11.9 You agree to tell us immediately if:
11.9.1 The Smart Meter or the display unit gets damaged or stops working properly;
11.9.2 You know or suspect that the Smart Meter or the display unit has been tampered with; or
11.9.3 Something happens or is due to happen that may prevent us from being able to read the Smart Meter, for example where you move the Smart Meter.
11.10 Our Power Energy Supply Limited is governed by the Data Protection Act 1988 (the “DPA”) and we will act as the ‘data controller’ of any ‘personal data’ (as such terms are defined in the DPA) collected as part of the Supply. Any data provided to us using the Smart Meter will only be used by us for the purpose of registering the Supply in your name and monitoring your usage of Energy. Any personal data will not be shared with any third parties other than those directly or indirectly involved in the Supply to the Property.
12 De-energising or disconnecting your Supply
12.1 You agree that we may disconnect or de-energise (at our discretion) the supply of Energy to the Property where it is not reasonable for us to continue to supply you in the circumstances, which shall include (without limitation) where any of the following situations apply:
12.1.1 There is an emergency or where we are required to do so by law, in which case we can disconnect or de-energise the Supply immediately;
12.1.2 Where we or the local electricity distributor or gas transporter (as applicable) needs you to stop using your Supply as your home or the public may be in danger. Details of who your local electricity distributor and/or gas transporter are will be included on your bill. In this case you agree to take all reasonable steps to stop using your Supply immediately:
12.1.3 Where you have failed to pay your bills in accordance with these terms and conditions;
12.1.4 Where you have refused the Instalment Plan we offered you or where you have failed to comply with an agreed Instalment Plan;
12.1.5 Where you have refused our offer of a Prepayment Meter or you have refused to allow us access to the property to install a Prepayment Meter, or it is otherwise not reasonably possible for us to install a Prepayment Meter.
12.2 We shall give you seven (7) days’ notice of our decision to exercise our rights in Clause 12.1, unless we are disconnecting you due to an emergency or where we are required to do so by law.
12.3 If we supply you with both gas and electricity, we will treat the supply of each fuel as a separate contract and will not disconnect both your gas and electricity unless the applicable circumstances detailed in Clause 12.1 above applies to both fuels.
12.4 Where we are required to disconnect the supply of Energy to you due to the circumstances outlined in clause
12.1.4 or where we are disconnecting the supply because we consider it is not reasonable for us to continue to supply you then you shall pay our reasonable costs of disconnecting and/or reconnecting the supply.
13 Meters and access to your Property
13.1 You agree that when we ask you shall allow us, our agents, meter operators, the local electricity distribution network operator, the local gas transporter, any relevant industry bodies or any other person nominated by safe access to the metering equipment at the Property for any of the following purposes:
13.1.1 To install, repair, replace or remove a meter;
13.1.2 To read, test or inspect a meter;
13.1.3 To disconnect, reconnect, de-energise, isolate or re-energise a meter point and the associated equipment;
13.1.4 In the case of an emergency, in which case you shall allow access at any time; and/or
13.1.5 For any other reason permitted under our Supply Licences.
13.2 You agree that you shall not damage or tamper with your meter. If you do, you recognise and agree that we shall charge you for the reasonable costs of repairing or replacing the meter and that you will be liable to us for these costs.
13.3 If your meter is, or appears to be, running backwards or is in any way failing to record your usage of Energy accurately, you agree that you shall notify us immediately and we shall repair or replace the meter. We shall be entitled to charge you for the reasonable costs of this repair or replacement work.
13.4 If the meter at the Property fails or fails to accurately register your usage or consumption of Energy for whatever reason, including due to a defective meter or where you’ve had a micro-generation system installed at the Property, then you agree to pay for the amount we reasonably estimate has been used during the period in question.
13.5 Either of us can ask for the meter to be tested to make sure that it is recording your usage accurately and, where either of us request this, the following terms shall apply:
13.5.1 If you request the meter is tested and the meter is found to be recording accurately (within permitted tolerances) set out in the Measuring Instruments (Active Electrical Energy Meters) Regulations (2006) and the Measuring Instruments (Gas Meters) Regulations (2006) (as amended and replaced from time to time) (the “Meter Regulations”) then we shall be entitled to invoice you for the costs of conducting the accuracy test;
13.5.2 If, regardless of which of us requested the accuracy test, the meter is found to be recording inaccurately (which means outside the permitted tolerances outlined in the Meter Regulations) we will meet the costs of the accuracy test and shall arrange for that meter to be replaced.
13.6 You agree that you are and will remain responsible for and will maintain all pipes, wires, cables, equipment and fittings at the Property from the point the Supply leaves your meter and the meter has recorded it. You agree to keep the items we have listed in this Clause 13.6 in good working order and in safe condition at all times, and that any energy losses that happen on your side of the meter are your responsibility.
13.7 We may also recover from you any costs that we incur where;
13.7.1 Your meter is, or appears to be, running backwards, or is in any way failing to record your usage accurately, due to a micro-generation system installed at the Property; or
13.7.2 You ask us to arrange an appointment for the meter to be repaired, exchanged or inspected and you fail to attend that appointment or do not allow us access to the Property.
14 Data protection
14.1 This section explains how we may use your personal data, including any ‘sensitive personal information’ (as such terms are defined in the DPA).
14.2 We, our Group Companies, our agents (for example, but not limited to, entities that support our supply of Energy to you) and relevant industry bodies (for example, but not limited to, OFGEM and DECC) “Relevant Industry Bodies” may use and share your personal data to do the following:
14.2.1 Obtain your Supply details or other relevant information from other suppliers, Relevant Industry Bodies or other industry standard companies;
14.2.2 Verify your identity when you make enquiries by phone, email or letter. Calls may be monitored to make sure we’re meeting our legal and regulatory requirements and for staff training;
14.2.3 Help us set up and otherwise administer your accounts for services and products that we, or our Group Companies, provide you now or in the future, including improving our service to you and collecting debts;
14.2.4 To contact you in any way (including by e-mail, phone, SMS or other forms of electronic communication) with up-to-date information on products and special offers from us, Group Companies and affiliates with whom we have a partnership;
14.2.5 For market and statistical analysis;
14.2.6 For demonstrating and testing computer systems;
14.2.7 Help detect debt, fraud and loss;
14.2.8 Enable us to protect your health and safety, or the health and safety of anybody who occupies the Property; or
14.2.9 Contact you in any way (including through your Smart Meter, using electronic communication, SMS or telephone) unless you have specifically asked us not to.
14.3 Where you wish to transfer the Supply to/from us, we’ll share your information with the other supplier and any Relevant Industry Bodies.
14.4 Where you’ve given us your prior consent in each case, we may share your information with third parties including:
14.4.1 Your landlord or letting agent;
14.4.2 Joint account holders;
14.4.3 A joint bank account holder named on a Direct Debit instruction;
14.4.4 Any other third party you’ve authorised us to speak to; and/or
14.4.5 Credit reference agencies to prevent and detect fraud or loss.
14.5 If we believe that you, or someone who occupies the Property, is in need of extra care (maybe because of age, health or a disability) we may record this sensitive personal data about you. This sensitive personal data will be held by us to ensure we don’t stop your Supply or ensure that in the event that your Supply is interrupted your local electricity or gas distribution network operator (as applicable) prioritises you and makes sure your Supply is restored at the earliest opportunity. In order to be able to do this we’ll need to share this sensitive person data with your local gas or electricity distribution network operator.
14.6 If your account falls into arrears and you don’t contact us to discuss this we may check your details with one or more credit reference agency or fraud protection agency.
14.7 If you’d like to see a copy of the information we hold about you please write to: Data Protection Officer, Our Power, Hay Business Centre, 4 Hay Avenue, Edinburgh. An administrative charge of up to £10 may be payable.
14.8 For the purposes of administering your account we may send information to companies based outside of the European Economic Area (EEA). If we do, we’ll ensure that adequate protection is in place to ensure your information is processed securely.
15 National Terms of Connection – Your electricity supply
15.1 We are supplying you with electricity, we are acting on behalf of your local electricity distribution network operator, the identity of which will be confirmed to you in your confirmation letter, to make an agreement between you and your local distribution network that you both accept the National Terms of Connection (“NTC”) and agree that you shall keep to the conditions of the NTC.
15.2 The NTC is a legal agreement. It sets out rights and duties in relation to how your network operator delivers electricity to, or accepts electricity from the Property. If you want a copy of the NTC or have any questions about it, please write to: Energy Networks Association, 6th Floor, Dean Bradley House, 52 Horseferry Road, London SW1P 2AF, phone 0207 706 5137 or visit www.connectionterms.co.uk.
15.3 The electricity supplied may be subject to the variations permitted by the Electricity Supply Regulations 1998, which means that a consistent supply of electricity cannot be guaranteed.
16 Network Operators Code - Your gas supply
16.1 Where we are supplying you with gas, you recognise and agree that the gas supplied to you under these terms and conditions shall be at the pressure laid down in the Independent Gas Transporters Network Code. This means that your gas supply may be interrupted or be of lower quality due to circumstances outside of our control or the control of the local gas transporter.
16.2 You further recognise and agree that in an emergency, or if we are required by law, we or the local gas transporter may need you to stop using gas. If we notify you that you must stop using gas then you shall do so immediately and you may only resume your use of gas once either we or your gas Network Operator have given you the go ahead to do so.
17.1 We cannot guarantee that our supply of Energy to you will be an uninterrupted. This is the case for both Supply Contract and Deemed Contract customers. If we cannot provide you with Energy for some reason beyond our reasonable control you won’t be able to claim that we are in breach.
17.2 Nothing shall exclude or limit our liability for death or personal injury caused by our negligent acts or omissions.
17.3 Apart from where Clause 17.2 applies, we shall not be liable to you for 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 or for any damage that is beyond our reasonable control.
17.4 Unless Clause 17.5 applies, our total liability (including interest and legal and other costs) to you relating to all claims arising under or in connection with the contract applying between us (being either a Deemed Contract or the Supply Contract, as applicable) shall not exceed the sum of £25,000 (twenty five thousand pounds) on a per claim basis.
17.5 If the gas transporter or the electricity distributor causes you any loss or damage, we will only be legally responsible to you for the amount we are able to recover from the gas transporter or electricity distributor on your behalf.
18 Theft and Fraud Protection
18.1 To help us identify theft of mains gas or electricity from the Property, we may give details of your accounts, which may include information about alleged criminal offences, to the Energy Theft Risk Assessment Service (TRAS). Where we suspect you have committed fraud or stolen Energy, during the time you hold an account with us, we may record that information and will share it with TRAS (or an appointed sub-contractor) including details about your Property and regular reports on your levels of Energy consumption.
18.2 Following the provision of information detailed in Clause 18.1, TRAS will carry out regular checks and analysis of that information for during your contract with us. TRAS will also use that information to create profile trends to use in fraud and theft assessment and to generate leads for preventing and detecting theft of Energy.
18.3 If you provide us with any inaccurate information or if we suspect identify fraud we shall pass this information to the Fraud Prevention Agency and any other agency involved in the prosecution of crime, fraud or money laundering, such as the Police and the Crown Prosecution Service.
18.4 You recognise and agree that the information we hold about you may be provided by us or TRAS to other energy suppliers or industry parties in accordance with agreed industry processes and that our right to do this may continue following termination of your agreement with us.
18.5 We may use any information we have collected as well as any theft leads from any third party like the TRAS Fraud Prevention Agency to detect, investigate, pursue and prevent energy theft and fraud.
18.6 We and the TRAS Fraud Prevention Agency will keep a record of your information if we suspect or confirm that you have committed energy fraud which may include sensitive personal data like criminal convictions.
19 Complaints Handling
19.1 You have the right to make a complaint or request our complaints procedure by visiting www.our- power.co.uk or calling us on 0808 168 4534. More information can be found on the back of your bill.
19.2 Under our Supply Licences we’re obliged to meet guaranteed standards relating to billing, metering and customer enquiries. For further details of this please visit www.our-power.co.uk.
19.3 You may want to seek independent advice from the Citizens Advice Scotland. For further details please visit http://www.cas.org.uk or call 03454 04 05 06.
19.4 If you are still dissatisfied, or if six (6) weeks have passed since you first registered your complaint with us, you may wish to contact the Energy Ombudsman Service. This is an independent body approved by Ofgem to investigate complaints. The Ombudsman’s decisions are binding and it is a free service. Further information can be found at http://www.ombudsman-services.org/energy.html or by calling 0330 440 1624.
20 General terms
20.1 You will at your request provide us with all the information we reasonably need to allow us to perform our obligations under either the Supply Contract or the Deemed Contract.
20.2 You recognise that if a court finds that part of the Supply Contract or Deemed Contract to be invalid or unenforceable, then the remainder of that Supply Contract or Deemed Contract (as applicable) will not be affected.
20.3 We can enforce our rights and obligations under the Supply Contract or the Deemed Contract even if we delay in doing so.
20.4 We may assign, sub-contract or transfer all or any part of our obligations under either the Supply Contract or Deemed Contract to another supplier but we will always notify you. However this contract is personal to you so you may not transfer it to someone else without our prior written consent.
20.5 You and we do not intend that any part of this 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.
20.6 Your statutory rights under the law are not affected by your contract with us.
20.7 This contract is made under the laws of Scotland for supply in Scotland and the laws of England and Wales for supply in England and Wales. Where the Property is in Scotland, any disputes shall be dealt with by the Scottish Courts. Where the Property is in England and Wales, any disputes shall be dealt wit