Customer Terms and Conditions

Full Terms and conditions

1. Introduction

1.1. Please read these terms carefully, as they contain important information about who we are, how we will Supply Energy to you at a Property, how we will charge you for the Energy, what to do if there is a problem, how your Contract can end and how we can change your Contract.

1.2. This document sets out the terms on which we will Supply electricity, gas (or both) to your home (we refer to these fuels together in these terms and conditions 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 or Statements for the Energy you use. We will provide these services in accordance with our guaranteed standards of performance, which we set out on our website at www.our-power.co.uk/guaranteed-standards. Details of what you can do if you think we have not performed our services to these standards are also set out on our website at www.our-power.co.uk/putting-things-right. If you do not have access to the internet and you would like a copy of our guaranteed standards please phone us on 0808 168 4534 and we will post these to you.

1.3. 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, should you wish to contact us about your account, you should use the following details:

· Our Power Energy Supply Ltd, 4 Hay Avenue, Edinburgh, E16 4AQ

· customerservice@our-power.co.uk

· 0808 168 4534

1.4. The terms and conditions contained in this document cover two types of Contract.

1.4.1. If you are Switching to us from a different Supplier then you will be entering into a Supply Contract.

1.4.2. If you move into (or become responsible for) a Property where we already Supply the Energy then a Contract is immediately in place between us from that point; it is called a Deemed Contract.

1.5. Whether there is a Deemed Contract or a Supply Contract between us these terms and conditions, and any subsequent variation of them, together with the Tariff Information Label and a Welcome Letter form the entire Contract between us.

1.6. We will Supply your home (we call this the “Property”) with Energy and therefore you will be a Domestic Customer of Our Power Energy Supply Limited. By entering into this Contract you confirm that:

1.6.1. You are aged sixteen (16) years or over;

1.6.2. The Property is connected to mains electricity and/or gas; and

1.6.3. The Property is used wholly or mainly for domestic purposes.

1.7. You will let us know if you start using Energy we 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 us within seven (7) days of making that change. Please contact us using any of the details in clause 1.3 above if you are unclear what this means.

2. Becoming an Our Power Customer on a Supply Contract

If you choose us as your Energy Supplier then you will be entering into a Supply Contract. If this is the case then Section 3 does not apply to you.

2.1. There are two important dates in becoming a Customer of ours.

2.1.1. The Contract Start Date is the date that you agree a Contract with us by phone, online, in person with one of our representatives, by post, with one of our partners, or through a third party intermediary.

2.1.2. The Supply Start Date is the date that you start, or expect to start, receiving a Supply of Energy from us.

2.2. You agree you are, and/or will be, the owner or occupier of the Property (or will otherwise be responsible for the Property) on the Contract Start Date.

2.3. When we receive your application we will send you a Welcome Pack within a reasonable period of time. This pack will contain:

2.3.1. a Welcome Letter, which amongst other things will highlight your expected Supply Start Date and the date your Cooling Off Period will end;

2.3.2. a Tariff Information Label, which contains details of the Tariff you have chosen; and

2.3.3. a copy of these terms and conditions.

Your Cooling Off Period is important - please see clauses 2.7 and 2.8 below for more details about this.

2.4. We will usually complete the process of taking over your Energy Supply within twenty-one (21) days of the end of the Cooling Off Period, or at some later date where you have specifically requested it.

2.5. There are some circumstances where, following your application to become a Customer of Our Power, your Supply Start Date may be delayed or where we are unable to take over your Supply. Circumstances where this is the case may change over time, but currently these include:

2.5.1. your current Supplier(s) object to you Switching to us because they consider you owe them money;

2.5.2. 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;

2.5.3. your Property is connected to a private gas network or private 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. If this is the case we will keep you informed of your options including whether and when a connection can be made;

2.5.4. 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;

2.5.5. you do something that prevents us from taking over your Supply, which may include, but is not limited to, you having tampered with the meter or any equipment at the Property;

2.5.6. we are prevented from taking over the Supply, including by the Regulator, or there are other circumstances beyond our control preventing us Supplying you;

2.5.7. you have asked us to Supply a Property where there is a Green Deal arrangement in place. Please see Section 21 (“Green Deal”) for details; and/or

2.5.8. you ask us directly not to continue with the Switch to us.

2.6. When you enter into a Supply Contract with us we need to take certain steps in order to take over your Supply. To help us do this you agree to:

2.6.1. allow us to cancel your existing Contract with your current Supplier(s) on your behalf;

2.6.2. allow us to ask 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;

2.6.3. allow your current Supplier(s) to transfer to 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);

2.6.4. give us meter readings at the Supply Start Date or allow us access to the Property to obtain these. If we cannot obtain meter readings then you acknowledge that we may open your account with an Estimated Meter Reading; and

2.6.5. provide us with any additional information that we may reasonably require.

2.7. There is a period of time we call the “Cooling Off Period” during which you may change your mind about joining us. The Cooling Off Period begins on the same day as your Contract Start Date and runs for fourteen (14) days. The exact dates of your Cooling Off Period are confirmed in your Welcome Letter.

2.8. During your Cooling Off Period you are free to cancel your Contract with us for any reason and without penalty.

2.8.1. To cancel within the Cooling Off Period, just tell us you have changed your mind by either:

a) emailing cancellations@our-power.co.uk;

b) phoning us on 0808 168 4534; or

c) 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.

2.8.2. You do not have 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.

2.8.3. It is your responsibility to ensure your cancellation notice reaches us within the Cooling Off Period. If we receive notice that you would like to cancel your Switch after your Cooling Off Period has ended it may be too late as you may already be on Supply with us. In which case, if you still do not want us to be your Supplier, you will need to Switch your Supply away from us. You should look at Section 17 (“Leaving Our Power”) for more details of how to do this.

3. Becoming an Our Power Customer on a Deemed Contract

If you move to a Property that we already Supply with Energy, or if you become responsible for a Property that we already Supply with Energy, or if some other circumstances arise that create it, then a Deemed Contract will be created between us. If this is the case then Sections 2, 5, 6 and 16 do not apply to you.

3.1. Where we believe that a Deemed Contract has arisen between us we may do one or more of the following:

3.1.1. write to the address of the Property, addressing such correspondence to “The Occupier”;

3.1.2. write to the address of the Property, addressing such correspondence to a person or persons whom we have been informed is or are now the occupier(s); and/or

3.1.3. in some other way seek to establish who is the occupier and make contact with them.

3.2. Where we believe that a Deemed Contract has arisen between us and have written to the Property address, or in some other way attempted to make contact with you in accordance with clause 3.1, you agree to:

3.2.1. confirm that the details we already have about the Property and/or the occupier are accurate;

3.2.2. give us alternative and accurate details about the Property and/or the occupier; or

3.2.3. give us the details of the Landlord or Property owner or some other person who is responsible for the Property.

3.3. Where there is a Deemed Contract between us your Contract Start Date will be the same as your Supply Start Date and so there is no Cooling Off Period. Your Contract and Supply Start Date will be one of the following dates:

3.3.1. The date you begin to take Supply from us (for whatever reason); or

3.3.2. 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 for this Deemed Contract from the date on which the Property was vacated.

3.4. Where there is a Deemed Contract between us then you agree:

3.4.1. to provide us with accurate meter readings on your Supply Start Date; and

3.4.2. that if you do not provide us with an accurate meter reading on your Supply Start Date then we will use an Estimated Meter Reading to open your account.

3.5. If you have a Deemed Contract you will be on one of our default Tariffs. Details of your Tariff will be included in your Welcome Letter, but can also be obtained by emailing us at customerservice@our-power.co.uk or calling 0808 168 4534.

3.6. If you are on a Deemed Contract you may move to a different Tariff. If you choose to do this it will change your Deemed Contract to a Supply Contract; in which case this Section 3 will no longer apply, and where Sections 2, 5, 6 and 16 had previously not applied they will apply from that point.

4. Tariffs and Charges

A Tariff is generally made up of a daily Standing Charge and one or more Unit Rates (a “Unit” being a unit of Energy, and the “Rate” being the price we charge you for that unit of Energy). Depending on the Metering Equipment you have, this could include different Unit Rates for different times of day. There may also be different Tariffs available where your Unit Rate is fixed at a certain price for a fixed period of time, and others where the rate is variable.

4.1. The amount of Energy Supplied to your Property is measured differently depending on whether it is gas or electricity.

4.1.1. Gas is measured by the cubic meter; and

4.1.2. Electricity is measured in kilowatt hours

Regardless of Energy type we call each of these measurements a “Unit”. The amount we charge you will always be based on the number of Units (or part of a Unit) of energy we have Supplied to you.

4.2. A Tariff will contain all or some of the following elements:

4.2.1. Duration: the amount of time the Tariff lasts for. It will either be:

a) open ended and continue until we choose to stop Supplying Energy under that Tariff; or

b) for a fixed period of time, at the end of which the Tariff ends.

4.2.2. Unit Rate: the price that is charged per Unit;

4.2.3. Charges: how we charge per Unit (or part of a Unit) of Energy Supplied, which may:

a) be at a fixed Unit Rate;

b) be a variable Unit Rate that we may change from time to time as wholesale markets or other commercial considerations impact on us; or

c) be at a variable Unit Rate that may vary in line with other principles we put in place; or

d) be a number of different Unit Rates, which individually may be fixed (as per clause 4.2.3 (a)) or variable (as per clauses 4.2.3 (b) & (c)), that are applied at different times of day/week/month or year depending on factors that will be detailed in the Tariff Information Label.

4.2.4. Standing Charge: how much we charge you as a fixed amount per day for each day we Supply you with Energy;

4.2.5. Metering: the type of Metering Equipment required;

4.2.6. Billing: how often and by which means we will send you Bills and/or Statements;

4.2.7. Payment Arrangements: how you will make payments for your Energy;

4.2.8. Payment Schedule: how often you will make payments for your Energy; and

4.2.9. Additional terms and conditions: any extra terms and conditions that are specific to that Tariff.

4.3. A Tariff that is for a fixed period of time (clause 4.2.1(b)) we call a “Fixed Tariff”. Further information on fixed Tariffs may be found in Section 5 (“Fixed Tariffs”).

4.4. We reserve the right to create new Tariffs at any time and also to withdraw Tariffs from sale at any time.

4.5. Some Tariffs are only available to Customers:

4.5.1. in some parts of Scotland, England or Wales; and/or

4.5.2. who meet specific criteria for that Tariff.

4.6. Criteria for Tariffs referred to in clause 4.5.2 may change from time to time, and if through a change in criteria you are adversely affected then we will promptly notify you of these changes in writing. See clause 15.1 for details.

4.7. Some Tariffs will only be available to Customers who have the appropriate Metering Equipment at their Property needed to support that Tariff.

4.8. Regardless of the Tariff you are on, Charges will be applied to your account in line with your Tariff from the Supply Start Date.

4.9. Depending on where we are publishing our Charges and for what reason, we may display Charges:

4.9.1. without VAT or other taxes or levies;

4.9.2. with VAT and/or other taxes or levies shown separately; or

4.9.3. including VAT and/or other taxes or levies.

We will always try to make it clear when publishing our pricing whether VAT and/or other taxes or levies have been included or not.

4.10. Where VAT and or other taxes or levies are applied it will be at the prevailing rates in line with the relevant legislation.

4.11. Where a Tariff allows, we may from time to time change the Unit Rate (the price you pay per Unit of Energy Supplied) or the Standing Charge. If we do this we will promptly notify you of these changes in writing. See clause 15.1 for details.

4.12. Where you have a Pre-payment Meter or a Smart Meter set to Pre-payment mode and there is a change to our Standing Charge or Unit Rate we will take all reasonable steps to ensure that your meter is reset to reflect this change within a reasonable period of time.

4.13. Where you are on a Tariff that we plan to discontinue we will move you to our cheapest variable Tariff and write to you between 49 and 42 days prior to the new Tariff taking effect and inform you of:

4.13.1. our intention to withdraw the Tariff you are on;

4.13.2. any changes to the terms and conditions for the Tariff we are moving you to, including any difference in Charges;

4.13.3. the date on which the new Supply terms and Charges come in to effect, which will be no later than 20 days after the old Tariff has been withdrawn;

4.13.4. that we will continue with the same terms and Charges until the new Supply terms and Charges come in to effect; and

4.13.5. your rights to move to a different Supplier.

4.14. Where you purchase other billable services from us, charges for these will always be shown separately from Energy Charges on your Bill, or be subject to a separate bill.

4.15. Details of our Tariffs are available on our website at www.our-power.co.uk/tariffs or by contacting us in one of the ways listed in clause 1.3.

5. Fixed Tariffs

Fixed Tariffs create a Contract where we charge you for the energy we Supply at a price, or a way of calculating a price, that is agreed upon for a fixed period of time.

5.1. Where you are on a fixed Tariff with us it creates a “Fixed Term Supply Contract” between us. For the purposes of these terms and conditions, a Fixed Term Supply Contract is the same as a Supply Contract, except with a fixed Tariff in force.

5.2. Your Welcome Letter will tell you the start and end dates for your fixed Tariff.

5.3. We will honour the Unit Rate and the Standing Charge and/or how they are calculated for the duration of the fixed term.

5.4. Any VAT or other taxes or levies that we are required to apply may change during the term of your fixed Tariff. If this happens then it may change the amount you pay.

5.5. We will not make any changes to the Contract that may disadvantage you during the term of the Contract.

5.6. We will not increase the duration of your fixed Tariff term.

5.7. If you move Property whilst you have a fixed Tariff you will not be able to move it with you to your new Property. However, if once your new Property is on Supply and if the same fixed Tariff is still available then you may be able to Switch to it.

5.8. Where you are on a fixed Tariff that is coming towards the Tariff end date we:

5.8.1. will send you a Statement of Renewal between 49 and 42 days before the fixed term is due to finish. This will include information about other Tariffs we have available;

5.8.2. may send you other information about your options outside of the window in stated in clause 5.8.1;

5.8.3. may, by your agreement, extend the current fixed Tariff for an additional period of time; and

5.8.4. if you take no action even after we have contacted you in accordance with clauses 5.8.1 and 5.8.2 we will transfer you to our cheapest variable Tariff, or to some other Tariff if we think it is more appropriate for you, including another fixed Tariff.

6. Partnership Tariffs

Our Power sometimes works with partners to provide specific Tariffs that are marketed by those partners.

6.1. Where you have a Partnership Tariff:

6.1.1. Our Power will be your Energy Supplier; and

6.1.2. these terms and conditions will apply in full.

6.2. Where we provide a Partnership Tariff we take all reasonable steps to ensure the quality and appropriateness of that partner and their ability to promote a Tariff in an honest and compliant way.

6.3. Where we gain Customers on a Partnership Tariff then we may have paid an acquisition fee to that partner.

7. Bills and Statements

7.1. A Bill is a request for payment. It shows:

7.1.1. your Energy use from the date of your previous Bill;

7.1.2. how much you are being charged for your Energy use and how it has been calculated; and

7.1.3. the amount of money you owe us.

7.2. We will produce and send you Bills where you owe us money for Energy you have used.

7.3. A Statement is not a request for payment but a statement of how your account stands at a particular point in time. A Statement shows amongst other things:

7.3.1. your Energy use from the date of your previous Statement or Bill;

7.3.2. payments you have made to your account since the date of your previous Statement or Bill; and

7.3.3. the balance of your account with us.

7.4. We will produce and send you Statements:

7.4.1. where you pay in advance for your Energy, either through a Pre-payment Meter, a Direct Debit or some other means; and/or

7.4.2. where you ask us for one, regardless of whether you pay for your Energy in advance or in arrears.

7.5. We always prefer to base Bills and Statements on accurate meter readings that are:

7.5.1. taken in person by you;

7.5.2. taken in person by us or one of our Agents; or

7.5.3. read by us remotely where you have a Smart Meter.

7.6. Where it has not been possible to obtain a timely and/or accurate meter reading we may issue a Bill or Statement using an Estimated Meter Reading.

7.7. Where you have a Smart Meter you agree that Bills we send you will be based on readings taken from the Smart Meter and in some circumstances, for instance where the Smart Meter fails, we may ask you for an accurate meter reading or need to use and Estimated Meter Reading to produce your Bill.

7.8. Estimated Meter Readings are based on a variety of available data, these include but may not be limited to:

7.8.1. your previous Consumption data; and

7.8.2. the time of year.

7.9. Where we have used an Estimated Meter Reading for your Bill or Statement and you believe it to be incorrect you may provide us with an accurate meter reading:

7.9.1. emailing us at customerservice@our-power.co.uk; or

7.9.2. by calling us on 0808 168 4534.

7.10. Unless you have a Smart Meter fitted, you agree to provide us with an accurate meter reading at least every six (6) months for each fuel we Supply to you. You may provide us with meter readings more frequently than this if you wish as this will help us to accurately create a Bill for the Energy you use.

7.11. You can supply us with meter readings:

7.11.1. through a customer portal that we may make available to you on our website at www.our-power.co.uk; or

7.11.2. by calling us on 0808 168 4534.

7.12. If you are a Customer who receives Bills then we will normally send you a Bill each month. If you are a Customer who receives Statements then we will normally send you a Statement each quarter. Either of these may vary depending on your Tariff. As a minimum we will send these twice a year.

7.13. Where we send you a Bill it will have a Due Date. The Due Date will normally be fourteen (14) days from the date of the Bill and is the date by which you agree you to pay us the amount shown on your Bill.

7.14. If any failure on our part means we do not raise a Bill for a period of time greater than twelve (12) months, then once we do raise a Bill, we will not raise a Bill for a period greater than twelve (12) months.

7.15. If we are unable to raise a Bill for a period of time greater than twelve months because you have not supplied us with an accurate meter reading (despite our genuine and repeated attempts by us to obtain one) then once we can successfully create a Bill there will be no time limit on the period that Bill can cover.

7.16. If you should leave us, we will provide you with a final Bill. The final Bill is a Bill that we send to you after we no longer provide you with your Energy Supply for either or for both fuels. We will send the final Bill in accordance with clauses 8.7, 17.7.3 and 17.12.

7.17. We send our Bills and Statements to the person (or persons) whose name is recorded on the account because they are the person (or persons) who:

7.17.1. has requested (even if through a Deemed Contract) that we Supply Energy to the Property;

7.17.2. is responsible for paying for the Energy that is Supplied; and

7.17.3. is entitled to exercise any claim over credit that has built up on the account.

7.18. Where there is not a person’s name on the account and where according to these terms and conditions a Contract still exists anyway, we will send Bills and statements to the Property for the attention of “The Occupier” or “The Householder” or some other general term of the same meaning.

7.19. Where we have addressed Statements or Bills (or other correspondence) to “The Occupier” or “The Householder” or some other general term of the same meaning, it is because, despite us not having a person’s name, a Contract still exists and the occupier is still the person (or persons) who is responsible for it.

7.20. Once every twelve (12) months we will send you an Annual Statement. The Annual Statement is in addition to any Bills or Statements you receive from us during the year. It is a regulatory requirement that we send you an Annual Statement and its purpose is to provide you with information about your Energy Usage and your costs.

8. Payment Terms

8.1. At our discretion we may offer you any of the following arrangements for paying for the Energy we Supply you with:

8.1.1. Pay on Receipt of Bill: this is where we produce a Bill, send it to you and you pay the balance that is due;

8.1.2. Direct Debit: this is where take an agreed amount of money from your bank account on an agreed basis. For example, It may be a fixed amount on a monthly basis or it may be the entire amount of a Bill at some point within fourteen (14) days of us producing that Bill; and

8.1.3. Pre-payment: this is where you pay in advance for your Energy before you use it. This is only available where you have a Pre-payment Meter (or a Smart Meter set to Pre-payment mode) installed in your Property. You may need to make payments with a Pre-payment card, key or code.

8.2. In accordance with clause 4.2.7 your payment arrangement may already be agreed as part of your Tariff, meaning that your choice of payment arrangement (as per clause 8.1) is already made when you choose your Tariff. If you do not make your payments in line with that arrangement then we reserve the right to move you from that Tariff.

8.3. Where your payment arrangement is “Pay on Receipt of Bill” there is a variety of ways that payment can be made. These include, but are not limited to payments made:

8.3.1. over the phone using a debit or credit card;

8.3.2. using online or telephone banking direct to our bank account;

8.3.3. online using a customer portal that we may provide for some or all Tariffs, using:

a) a debit or credit card; or

b) any other electronic payment types we may choose to make available now or in the future;

and

8.3.4. in person at any shop that accepts PayPoint payments or at a Post Office by presenting your Bill or Pre-payment card, key or code along with a payment (cash, card, cheque etc) that the shop or Post Office agrees to accept.

8.4. Where your payment arrangement is Direct Debit then you will be required to:

8.4.1. complete and keep in place a Direct Debit mandate with your bank. We can help you do this either when you become a Customer, select a new Tariff, or at any other time at your request; and

8.4.2. ensure that there are sufficient funds available in your bank account at the appropriate point in the payment schedule to cover each payment we request.

8.5. Where your payment arrangement is Direct Debit then this may either be for:

8.5.1. a fixed monthly amount in line with what is detailed in your Tariff (we call this a “Fixed Direct Debit”); or

8.5.2. the exact amount of your most recent Bill, plus any other amounts that may be outstanding for whatever reason (we call this a “Variable Direct Debit”).

8.6. Where your payment arrangement is Fixed Direct Debit we may from time to time:

8.6.1. conduct a Direct Debit Review and as a result change the fixed amount that is then collected from your bank. We will notify you if we do this; and/or

8.6.2. agree to a request from you to change the fixed amount that is collected from your bank.

8.7. Where your payment arrangement is 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. We will write to you beforehand if we do this.

8.8. Where your payment arrangement is Direct Debit (Fixed or otherwise) then we will at all times be bound by the rules of the Direct Debit Guarantee, details of which can be found at www.directdebit.co.uk.

8.9. Where your payment arrangement is Pre-payment through the use of a Pre-payment Meter, or a Smart Meter set to Pre-payment mode then it is your responsibility:

8.9.1. to ensure that there are adequate funds credited to the meter for the Energy you expect to use in any given period; and

8.9.2. to keep safe your Pre-payment card, key, code or any other payment method used to credit funds to your meter.

8.10. You recognise and agree that we may use any sums that you pay us to offset other sums you owe us, including:

8.10.1. allocating your payment against the oldest sum outstanding on your account, even if you tell us the payment relates to a different amount you owe us; and

8.10.2. 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 you are responsible for.

8.11. If you fail to pay your Energy Bills on time and in accordance with these terms and conditions then we reserve the right to move you to a different Tariff which may:

8.11.1. affect the terms and conditions under which we Supply Energy to you;

8.11.2. affect your Metering Equipment because we may install a Pre-payment Meter, or remotely set your Smart Meter to Pre-payment mode;

8.11.3. cause you to incur additional costs on a one off or on-going basis; and/or

8.11.4. cause us to incur additional costs that we may seek to recover from you.

8.12. If you fail to pay your Bills on time we may require you to pay any sums outstanding by another method, such as:

8.12.1. through agreeing to a Payment Plan (see clause 9.6); and/or

8.12.2. having a Pre-payment Meter installed, or setting your Smart Meter to Pre-payment mode.

9. Payment Difficulties

Our mission is to provide fairer access to Energy and to create a sustainable business that can help contribute to the alleviation of fuel poverty. We do not want any of our Customers to have difficulty paying for their Energy, but unfortunately from time to time it will happen.

The best thing you can do if you are worried about payments, or think that you might be at risk of falling into Debt, or are in Debt, is to talk to us. We are sympathetic and we want to help.

We will seek to agree a resolution with a Customer who has fallen into Debt where possible but it will be at our discretion.

9.1. Payment difficulties can arise whether you have a credit meter or a Pre-payment Meter.

9.2. In either instance, whether you are already in payment difficulties or not, Charges can continue to build up even when you are not using any Energy because most Tariffs include a Standing Charge (which is a fixed Charge per day for each day we Supply you with Energy).

9.3. If you have a Pre-payment Meter and Charges have built up on it then when you add more credit to it a portion of your top up may be used to clear some or all of those Charges.

9.4. If we collect payments from you using Direct Debit and a Direct Debit fails then we will:

9.4.1. send you a Bill or reminder for the amount of the failed payment; and

9.4.2. reserve the right to review how you pay for your Energy.

9.5. If you have a “Pay on receipt of Bill” arrangement, or for any other reason we legitimately send you a Bill for payment, then Charges become overdue if a Bill remains unpaid after fourteen (14) days. If payment has still not been received by us after twenty-eight (28) days from the date of a Bill then those Charges become outstanding (we also call this “Debt”) and we reserve the right to take steps described in clauses 9.6 and 9.8.

9.6. Where we become aware or have reason to believe that you have, or may start to have, payment difficulties (whether it is because you have told us about it or not), we will normally:

9.6.1. agree a Payment Plan with you where you pay outstanding Charges in instalments directly to us alongside the Charges you pay in your usual way for your on-going Energy costs;

9.6.2. agree a Payment Plan with you so you can pay outstanding Charges in instalments through a Pre-payment Meter (which we may have to visit your Property and install); where a portion of each top up will go towards clearing your outstanding Charges; or

9.6.3. allow you to pay your outstanding (and sometimes on-going) Charges in instalments, taken directly from any qualifying state benefits you may receive. This is sometimes called “Fuel Direct”;

9.7. Where we agree a Payment Plan with you, we will send you a statement of the terms of the Payment Plan that has been agreed between us.

9.8. Where we are unable to collect payment for outstanding Charges, despite having taken all reasonable steps to recover these Charges, including using a Pre-payment Meter as described in clause 9.6.2 we reserve the right to:

9.8.1. check your details with one or more credit reference agencies;

9.8.2. engage a properly authorised regulated Debt Collection Agency to assist us in recovering the Debt;

9.8.3. take legal action against you, including but not limited to, applying for a County Court Judgment;

9.8.4. sell your Debt to a third party whereupon your Debt with us will become a debt to them;

9.8.5. remotely disconnect your Energy Supply where you have a Smart Meter; and/or

9.8.6. Apply for a Warrant from a court to allow us to enter your Property to physically disconnect your Energy Supply or take other actions;

9.9. You agree that where we incur further costs in recovering a Debt from you we may add these costs to your Debt. These costs must be reasonable and may include but are not limited to:

9.9.1. the cost of visiting the Property;

9.9.2. administration costs incurred by us or our Agents when trying to contact you;

9.9.3. the cost of applying for a warrant of entry and carrying it out; and/or

9.9.4. the cost of tracing you if you move out of the Property and do not provide us with a forwarding address for you (as you are required to do under clause 17.7.2).

10. Meters and access to your Property

10.1. Your meter is owned either by us, one of our Agents or another industry participant. You agree to keep it safe and not to interfere with it in any way. Any attempt to interfere with it, bypass it or to consume electricity without paying for it, may be a crime. If we suspect any of these or any similar activities we reserve the right to:

10.1.1. inform the appropriate authorities; and

10.1.2. recover from you any losses we may have suffered plus all associated costs in doing so.

10.2. All devices that we, one of our Agents or another industry participant has supplied, that are intended to work with your meter by connecting to it either physically or digitally (such as In Home Display Units) are, for the purposes of these terms and conditions, deemed to be part of that meter.

10.3. You agree that when we ask, you will allow us, our Agents, meter operators, the local electricity Distribution Network Operator, the local Gas Network Operator, any relevant industry bodies or any other person nominated by us, safe access to your meter:

10.3.1. to install, repair, replace or remove it;

10.3.2. to read, test or inspect it;

10.3.3. to disconnect, reconnect, de-energise, isolate or re-energise a meter point and the associated equipment;

10.3.4. in the case of an emergency, in which case you will allow access at any time; and/or

10.3.5. for any other reason permitted under our Supply Licences.

10.4. If your meter is not accessible or in a safe place for us or our Agents to access for any of the reasons listed in clause 10.3, then you agree to allow us to move the meter to a more suitable place within your Property. If this is required due to any alterations you have made after the meter was originally fitted then we reserve the right to make a reasonable charge for this work.

10.5. If your meter is, or appears to:

10.5.1. have failed or is failing to record Energy usage properly;

10.5.2. be running backwards; or

10.5.3. be in any other way damaged, broken or not working as you would expect, including if you know or suspect that the meter has been tampered with by you or anyone else; then you agree to notify us immediately and we will:

a) repair or replace the Meter;

b) be entitled to charge you for the reasonable costs or repair or replacement; and/or

c) be entitled to make a reasonable estimate of the Energy used during such time as we believe the meter to have been defective and you agree to pay such Charges that we apply to your account accordingly.

10.6. Either of us can ask for the meter to be tested to make sure that it is recording your Energy usage accurately and that it is safe. Where this happens the following terms will apply.

10.6.1. If you request the meter to be tested and the meter is found to be recording accurately (within permitted tolerances) set out (in the case of an electricity meter) in the Measuring Instruments (Active Electrical Energy Meters) Regulations (2006), or (in the case of a gas meter) the Measuring Instruments (Gas Meters) Regulations (2006) (as amended and replaced from time to time) and/or that it is safe then we will be entitled to invoice you for the costs of conducting the accuracy test.

10.6.2. 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) and/or it is deemed to be unsafe we will meet the costs of the accuracy test and will arrange for that meter to be replaced.

10.6.3. Where the meter is found to be recording inaccurately, we will recalculate your Bills for the period that the meter was recording inaccurately as soon as is reasonably practicable. If the meter was recording more Energy than was used at the Property, then we will either refund any excess payment made to you, or credit your account accordingly, as soon as is reasonably practicable. If the meter was recording less Energy than was used at the Property, then we will create a Bill for the underpayment as soon as is reasonably practicable. Recalculations will be made using an Estimated Meter Reading. You agree to let us know as soon as is reasonably practicable after you receive this Bill if you believe you will have difficulty in paying that Bill.

10.7. 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 energy we Supply leaves your meter and the meter has recorded it. You agree to keep the items we have listed in this clause 10.7 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.

10.8. We may recover from you any costs that we, or our Agents, incur where 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.

10.9. Meters and meter readings are conclusive evidence of your Consumption of Energy for the purposes of calculating your Charges unless:

10.9.1. the meter is found to be recording inaccurately; or

10.9.2. you are able to provide us with evidence that the meter has been inaccurately read.

10.10. This clause 10.10 and its sub clauses only apply if there is a Smart Meter at the Property.

10.10.1. You agree that during a meter test on a Smart Meter we may you between credit and Pre-payment modes as part of that test. Where we do this we will:

a) return your meter to the mode it was in before the test started; and

b) ensure that Charges that might accumulate in one mode or the other are not applied in a way that leaves you worse off as a result of the test, even if it results in any unusual looking entries on your Bill or Statement.

10.10.2. As per clause 10.2 any display units or other devices that work with and form part of the meter that was either at the Property when you took up occupation at the Property or otherwise became responsible for it, or was supplied to you at the Property whilst you were in occupation or otherwise responsible for it, will not work with different Smart Meter. You agree that if you move from the Property or cease to remain responsible for it you will leave any such display units or other devices behind.

10.10.3. You agree to let us, or our Agents, to use the Smart Meter to manage your Energy Supply from a distance, without visiting the Property. This might include reading, repairing or updating the Smart Meter, setting it to credit or Pre-payment mode, monitoring the amount of Energy you use, and disconnecting the Supply.

10.10.4. You agree that we, or our Agents, will be entitled to collect data from your Smart Meter for as long as we Supply you with Energy. Data we collect from your Smart Meter is collected and processed by us and our Agents in accordance with our Privacy Notice referenced in Section 13 (“Data and Privacy”).

10.10.5. Smart Meters store data relating to your Energy Consumption in half hourly intervals. This is the equivalent of reading your meter every half hour and storing the meter reading.

10.10.6. When either us or our Agents read your Smart Meter remotely it is possible to collect:

a) forty-eight (48) separate meter readings each relating to a half hour period within a twenty-four (24) hour cycle; and/or

b) a single meter reading that is the sum of all of the forty-eight (48) half hour reads relating to a twenty-four (24) hour period.

10.10.7. Unless you give us your permission to do so neither us or our Agents will remotely read your Smart Meter:

a) more than once a day; nor

b) collect more than a single meter reading relating to a twenty-four (24) hour period.

10.10.8. Permission to read your meter more than once a day and/or collect one or more half hourly readings from your meter:

a) may be given by you explicitly and in response to a request from us or one of our Agents; or

b) will be given by you when signing up to a Tariff that requires us to collect your meter readings in this way.

10.10.9. You may request that we do not read your Smart Meter more than once a month. You can request this by emailing us at customerservice@our-power.co.uk or calling 0808 168 4534.

10.10.10. If for any reason we cannot obtain meter readings from your Smart Meter in the usual way, you agree to provide us with manual readings taken by you or by an Agent whom we may send to take a reading for you.

11. De-energising or disconnecting your Energy Supply

11.1. You agree that we may disconnect the Supply of energy to the Property where it is not reasonable for us to continue to Supply you in the circumstances, which include but are not limited to:

11.1.1. emergencies or where we are required to do so by law, in which case we can disconnect the Supply of energy to your Property immediately;

11.1.2. where we or the local Distribution Network Operator or Gas Network Operator (as applicable) needs you to stop using your Supply as your Property or the public may be in danger; or

11.1.3. where you are in Debt to us and we have explored and/or exhausted all available options provided for in Section 9 (“Payment Difficulties”).

11.2. We will give you seven (7) days notice of our decision to exercise our rights in clause 11.1, unless we are disconnecting you due to an emergency or where we are required to do so by law.

11.3. Where the Metering Equipment allows us to do so we reserve the right to disconnect your Supply remotely.

12. Theft and Fraud Protection

12.1. To help us identify theft of Energy 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.

12.2. Following the provision of information detailed in clause 12.1, TRAS will carry out regular checks and analysis of that information 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.

12.3. If you provide us with any inaccurate information or if we suspect or identify fraud we will pass this information to a fraud prevention agency and/or any other agency involved in the prosecution of crime, fraud or money laundering, such as the Police and the Crown Prosecution Service.

12.4. 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.

12.5. We may use any information we have collected as well as other information passed to us from any third party like the TRAS or a fraud prevention agency to detect, investigate, pursue and prevent Energy theft and fraud.

12.6. We and the TRAS or a fraud prevention agency will keep a record of your information if we or they suspect or confirm that you have committed Energy fraud. Data may include sensitive personal data like criminal convictions.

13. Data and Privacy

Our Power takes your privacy seriously and has in place policies and systems designed to ensure that we meet high standards when handling your personal data.

13.1. Details of how we handle your personal data can be found in our Customer Privacy Notice. You can view it at www.ourpower.co.uk/customer-privacy-notice or contact us in one of the ways listed in clause 1.3. to ask for a copy to be posted to you.

13.2. The Customer Privacy Notice referenced in clause 13.1 fully forms part of these terms and conditions.

14. Complaints

14.1. You have the right to make a complaint or request our complaints procedure by emailing us at complaints@our-power.co.uk or calling us on 0808 168 4534. More information can be found at www.our-power.co.uk/putting-things-right or on the back of your Bill.

14.2. Under our Supply Licences we are obliged to meet guaranteed standards relating to billing, metering and Customer enquiries. For further details of this please visit www.our-power.co.uk/guaranteed-standards.

14.3. You may want to seek independent advice from the Citizens Advice Bureau and can contact them in the following ways:

CA Scotland: 03454 04 05 06 www.cas.org.uk

CA England: 03444 111 444 www.citizenadvice.org.uk

CA Wales: 03444 77 20 20 www.citizensadvice.org.uk

14.4. If you make a complaint and are dissatisfied with the outcome, or if eight (8) weeks have passed since you first registered your complaint with us, you may contact the Energy Ombudsman Service. This is an independent body approved by our regulator, Ofgem, to investigate complaints. The Ombudsman’s provides a free service and its decisions are binding on both parties. Further information can be found at www.ombudsman-services.org/sectors/energy or by calling 0330 440 1624.

15. Our right to change our Charges or these terms and conditions

15.1. We may change our prices (the Unit Rate and/or the Standing Charge) as per clause 4.6, or Tariff criteria as per clause 4.11, or any other provision of these terms and conditions. However, if we plan to make a change that significantly disadvantages you (such as an increase in our prices), then at least thirty (30) days before the date of such a change, we will tell you about it and notify you of the date on which we intend to apply it.

15.2. If we notify you of a change we intend to make to our terms and conditions, including where we stop offering the Tariff you are on and we have written to you to notify you our intention to move you to a different Tariff, and you do not agree with the change, then you may move to a different Tariff that may be available to you or 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:

15.2.1. 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

15.2.2. where we objected to you leaving our Supply because there is an outstanding Debt on your account, you settle your account within thirty (30) days of our objection to you leaving us.

15.3. When we change our prices 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.

16. Changing a Supply Contract by agreement between us

16.1. In exceptional circumstances we may together agree with you a change to your Supply Contract with us, rather than us suggesting a change as set out in Section 15 (“Our right to change our Charges or these terms and conditions”).

16.2. Where we require your consent to make a change to this 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.

16.3. Once we have received confirmation of your agreement to the change, we will confirm the agreed change in writing within five (5) business days.

16.4. Where we do not receive your agreement to the change, you will have the right to terminate your Supply Contract in accordance with clause 15.2.

17. Leaving Our Power

There are a number of straightforward circumstances that arise where you might leave Our Power. These include choosing to move to a different Supplier at the same Property or moving house,

We are committed to maintaining the same high standards of Customer care and communications when dealing with Customers who are moving on.

There are also leaving circumstances that can arise that are more challenging to deal with, such as bereavement, account default and Energy theft; similarly we aim to deal with these cases carefully and sensitively when they arise.

17.1. You may terminate your Contract with us in respect of either fuel by asking an alternative Supplier to take over your Supply from us. Your Switch to your new Supplier will normally complete within twenty-one (21) days of the Contract Start Date with your new Supplier, unless:

17.1.1. you request that the Switch be completed at a later date;

17.1.2. you notify your new Supplier that you don’t wish to proceed with the Switch; or

17.1.3. where we object under any of the terms in clause 17.4

17.2. Where we Supply both gas and electricity to your Property and where you terminate your Contract in respect of just one of those fuels, your Contract will remain in force under all of the same terms and conditions for the remaining fuel that we continue to Supply.

17.3. You can terminate your Contract at any time:

17.3.1. by asking an alternative Supplier to take over your Supply, in which case your Contract with us will cease to be in force past your Supply Start Date with your new Supplier; or

17.3.2. by giving us twenty-eight (28) days notice to terminate. If at the end of twenty-eight (28) days your Supply has not moved to an alternative Supplier and your meter remains connected and energised then a Deemed Contract will arise between us. This means that you will continue to be a Customer of ours and you should read Section 3 (“Deemed Contracts”).

17.4. Where you wish to terminate we may object to you transferring your Supply to an alternative Supplier where:

17.4.1. debt has accrued on your account and you have not disputed the fact of this Debt or that these monies are properly due to us;

17.4.2. the transfer date requested by the proposed new Supplier is before the earliest date on which we can process your Switch to that Supplier in accordance with our Supply Licences; and/or

17.4.3. the proposed transfer involves a related meter point and the proposed new Supplier has not applied to transfer all the related meter points on the same business day for the same Supply Start Date.

17.5. Clause 17.4.1 notwithstanding, we will not object to your transfer request where you are Supplied with electricity and/or gas by us by means of a Pre-payment Meter and your level of Debt owed to us for each relevant fuel is £500 or less and your new Supplier has agreed that you will be permitted to repay this Debt to them rather than to us.

17.6. In rare circumstances we, or a different Supplier, might be given incorrect information by a third party that leads us to incorrectly believe that you wish to move one or both of your fuels to a different Supplier. We call this an “Erroneous Transfer”. This should never happen without us or a different Supplier contacting you. If this does happen then we will not complete the transfer as long as you notify us that it is an Erroneous Transfer:

17.6.1. at the earliest opportunity; and

17.6.2. not after the Cooling Off Period that your “new” Supplier will have detailed to you.

17.7. Where you are moving home or will not be responsible for the Property for any other reason you agree to:

17.7.1. notify us at least two (2) working days beforehand by either post, telephone or email using the details listed in clause 1.3;

17.7.2. provide us with your new address; and

17.7.3. 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 will be calculated based on an Estimated Meter Reading.

17.8. Where you are moving home or will not be responsible for the Property for any other reason and provided that you have complied with the requirements of this Section 17, your 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 will remain responsible under your Contract until the earlier of:

17.8.1. the date being two (2) days after you tell us that you’ve moved; or

17.8.2. the date on which when we are contacted by the person now responsible for the Property.

17.9. We may terminate a 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 a Deemed Contract will arise between us. This means that you will continue to be a Customer of ours and you should read Section 3 (“Deemed Contracts”).

17.10. We may terminate this Contract immediately:

17.10.1. where you commit a material breach of this Contract;

17.10.2. where we have disconnected your Supply in accordance with the relevant parts of section of these terms and conditions.

17.10.3. if we no longer hold the relevant Supply Licences to enable us to be able to lawfully supply Energy to you; or

17.10.4. if the our regulator, Ofgem, uses the “Supplier of Last Resort” mechanism and has told another Supplier to Supply you.

17.11. Where there is a valid Contract in place under these terms and conditions, and where the Customer is sectioned under the Mental Health Act, dies, or in some other way becomes incapable in law then the Contract between us will cease. In such circumstances:

17.11.1. a new contract that is a Deemed Contract will arise between ourselves and whomsoever is the person or person(s) subsequently responsible for the Property;

17.11.2. any Debt owed under the previous Contract will be payable under the terms of the previous Contract and the Tariff that was in force at the time of the event giving rise to this change; and

17.11.3. the estate, power of attorney or whichever other competent person or authority charged with managing the affairs of the previous Contract holder will arrange for any outstanding amounts owed under the previous Contract to be paid to us.

17.12. Regardless of the reason for the end of our Contract with you, we will use our reasonable efforts to send our final Bill to you within six (6) weeks following the end of the Contract. If information comes to light in the future that corrects the final Bill we have already issued to you, we will revise our final Bill as soon as is reasonably practicable and send this updated final Bill to you.

18. Priority Services

We operate a Priority Services Register (PSR) for Customers who may need additional support to receive services from us or to operate their account.

18.1. You may be eligible to be added to our PSR if you:

18.1.1. are a pensioner;

18.1.2. identify as disabled or are chronically sick;

18.1.3. have a long term medical condition;

18.1.4. have a hearing or visual impairment or additional communication needs;

18.1.5. have a child under the age of five (5) in your household; and/or

18.1.6. are in a vulnerable situation, for example, due to financial difficulties, injury or any other vulnerability you may identify.

18.2. Additional support you may receive could be:

18.2.1. advance notice of planned power cuts;

18.2.2. priority support in an emergency;

18.2.3. password protection for your account;

18.2.4. a nominee scheme where you wish us to speak to someone else on your behalf; and/or

18.2.5. any other reasonable adjustment we can make to give you the support you may need.

18.3. You can ask us directly to be added to the PSR, or if during a call or other communication with you we feel that you may have circumstances that mean you could be eligible we may talk to you about the PSR and ask if you wish to be added to it.

18.4. We may share information you give us that is added to the PSR with other parties within the energy industry, such as a Network Operator (for example if they are about to turn your power off due to maintenance work but you have a need that means you require additional support whilst the power is off).

19. Warm Home Discount

The Warm Home Discount scheme is a government scheme that is aimed at helping households who are in or at risk of being in fuel poverty.

19.1. Our Power is a voluntary participant of the Warm Home Discount scheme for the “Core Group” only, though this may change in the future. You may be eligible and may be a member of the core group if you qualify for the Guarantee Credit element of Pension Credit.

19.2. Further details are available on our website at www.our-power.co.uk/warm-home-discount-scheme.

20. Feed in Tariff

20.1. Our Power is a voluntary Feed in Tariff Licensee. Any agreements we make with Customers under the Feed in Tariff scheme are subject to a separate Contract.

21. Green Deal

21.1. Our Power is not a Green Deal Licensee. This means that we cannot Supply electricity to a Property where a Green Deal arrangement is in place.

21.2. If you ask us to take over the Supply of your electricity where a Green Deal arrangement is in place then we will not be able to do so.

21.3. There should be no circumstances that arise where we Supply electricity to a Property where a Green Deal is in place. However if this were to happen then:

21.3.1. where you become aware of this fact, you agree to notify us without delay;

21.3.2. where we become aware of this fact, then we will notify you without delay; and

21.3.3. whomever notifies the other, we will:

a) assist you to move your electricity Supply away from us; and

b) without penalty allow you to exit any fixed Tariffs for both fuel supplies that may have been entered into; and

c) create a bill for energy Supplied to you up until the point your new Supplier takes over your Supply.

22. National Terms of Connection – Your Electricity Supply

22.1. Where we Supply you with electricity, we are acting on behalf of your local electricity Distribution Network Operator to make an agreement between you and your local Distribution Network Operator that you both accept the National Terms of Connection (“NTC”) and agree that you will keep to the conditions of the NTC.

22.2. The NTC is a legal agreement. It sets out rights and duties in relation to how your Distribution 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.

22.3. 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.

23. Network Operators Code – Your gas Supply

23.1. Where we are Supplying you with gas, you recognise and agree that the gas Supplied to you under these terms and conditions will 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 Network Operator.

23.2. You further recognise and agree that in an emergency, or if we are required by law, we or the local Gas Network Operator may need you to stop using gas. If we notify you that you must stop using gas then you will do so immediately and you can only resume your use of gas once either we or your gas Network Operator have given you the go ahead to do so.

24. Fuel Security Code

24.1. If there is a major emergency affecting any relevant Network Operator and a direction is given by the Secretary of State under the Fuel Security Code, we may recover from you a reasonable proportion of the additional costs incurred by us as a result of that direction.

25. General terms

25.1. At our request you will provide us with all the information we reasonably need to allow us to perform our obligations under this Contract.

25.2. You recognise that if a court finds that any part of the Contract to be invalid or unenforceable then the remainder of this Contract (as applicable) will not be affected.

25.3. We can enforce our rights and obligations under this Contract even if we delay in doing so.

25.4. We can assign, sub-contract, or transfer all or any part of our obligations under either this Contract to another Supplier but we will always notify you if we do this. However the Contract is personal to you so you may not transfer it to someone else without our prior written consent.

25.5. Neither you nor us intend that any part of this 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.

25.6. Your statutory rights under the law are not affected by your Contract with us.

25.7. Your Contract is made under the laws of Scotland for Supply in Scotland and under the laws of England and Wales for Supply in England and Wales. Where the Property is in Scotland any disputes will be dealt with by the Scottish Courts. Where the Property is in England and Wales any disputes will be dealt with by the English Courts.

26. Liability

26.1. We cannot guarantee that our Supply of Energy to you will be uninterrupted. If we cannot provide you with Energy for some reason beyond our reasonable control you will not be able to claim that we are in breach.

26.2. Nothing will exclude or limit our liability for death or personal injury caused by our negligent acts or omissions.

26.3. Unless clause 26.2 applies, we will 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.

26.4. Unless clauses 26.2 or 26.5 apply, 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 will not exceed the sum of £25,000 (twenty five thousand pounds).

26.5. If a Network Operator causes you any loss or damage, we will only be legally responsible to you for the amount (if any) we are able to recover from the Network Operator on your behalf.