Our terms and conditions from 15th April 2016 For customers who join us on or after 15th April 2016.

Our terms and conditions from 15th April 2016 For customers who join us on or after 15th April 2016.
Standard terms and conditions
For small and medium enterprises (SMEs)
Effective from 15 April 2016
Helping our customers.
We’re on it.
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Contents
Section 1 Taking over premises we supply, or
where a contract hasn’t been agreed
Section 2 Switching to E.ON
page 5
Section 3 Checking your credit status
page 6
Section 4 For fixed price plans
2
page 4
page 8
Section 5 For variable price plans
page 12
Section 6 Changes to your premises page 12
Section 7 Ending your plan or contract
page 14
Section 8 Who’s who?
page 19
Section 9 What you pay
page 20
Section 10 Bills and statements
page 22
Section 11 Paying us page 23
Section 12 Tracking your energy usage
page 25
Section 13 Your energy supply page 27
Section 14 Personal data
page 31
Section 15 General terms
page 33
Section 16 Glossary
page 36
About these terms and conditions
Together with your contract confirmation letter for the relevant period, these terms
and conditions form a legally binding contract between us.
You should keep all the details safe, along with the letters we send you.
When we use words and phrases with a specific meaning, like ‘services’ and ‘plan’,
they’ll be in bold text and will be defined in the glossary in section 16.
Is this document right for you?
These terms and conditions are for all small and medium enterprises (SMEs). They may also be for property developers who require a supply of energy in order to
prepare a premises for sale or let.
They don’t apply to premises where energy is supplied wholly or mainly for domestic
use. You can find details of our domestic terms and conditions on our website. They
are not for premises being serviced by our Corporates team.
If you’re unsure if these terms and conditions apply to you, please call us and we’ll be
happy to help.
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1.1
Section 1 T aking over premises we supply, or where a contract hasn’t been agreed
When would this apply to me?
This section applies if you’ve become responsible for premises where we’re
the registered supplier of energy but you haven’t agreed a contract with us for
that energy.
We call this having a deemed contract with us.
You may also be on a deemed contract if:
• your supply has been transferred to us by mistake; or
• Ofgem has appointed us as your supplier, and you’ve not agreed a contract
with us; or
• your contract has been cancelled or terminated - see section 7.6.
1.2 What this means to you
T hese terms and conditions apply to you from the moment you become
responsible for a premises.
Y ou have to pay us for the energy you use at our deemed prices which can
be found on our website. You can also contact us to confirm your prices. For
contact details go to the ‘Contact us’ page on our website.
You can end your deemed contract at any time by:
• agreeing a contract and plan with us,
• transferring to another energy supplier without giving us notice; or
• asking us to permanently disconnect the energy supply to your premises.
e can make changes to your deemed contract at any time. We’ll take
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reasonable steps to inform you of the changes and will publish our latest
prices on our website.
1.3 Getting better prices
I f you haven’t spoken to us about pricing yet, contact us and we might be able
to offer you a better deal.
1.4 If we supply you through a prepayment meter
I f we supply your premises through a prepayment meter, you’ll need to pay
before you use the supply. If you have a prepayment meter contact us and
we’ll explain how to get credit on your meter.
1.5 Moving on to a contract
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I f you agree a contract with us you’ll no longer be on a deemed contract.
Section 1 of these terms and conditions will no longer apply (unless your
contract is cancelled or terminated in accordance with section 7.2.1, 7.5 or 7.6
Section 2 › Switching to E.ON
of these terms and conditions) but the rest of these terms and conditions will
continue to apply to you.
Section 2 Switching to E.ON
2.1
When would this apply to me?
T his section only applies if you’re a new customer and/or you ask us to provide
energy to a premises that we don’t already supply.
2.2 When your contract starts
Y our contract starts from the date you accept our offer or, for deemed
contracts, when you first become responsible for the premises (see section
1.1). Your contract will continue until no meter point(s) are registered to us
under this contract or where the circumstances in sections 7.2.1, 7.5 and/or 7.6
apply.
Our offer will be valid for a limited time.
hen we first agree a contract with you we’ll also agree a plan. Some plans
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have an end date; after a plan ends you’ll move to another plan unless you or
we have cancelled, or terminated, this contract – see section 7. Details about
different types of plans are provided in sections 4 and 5.
2.3 Finishing with your existing supplier(s)
It’s up to you to cancel, or terminate, any contracts and pay any outstanding
amounts you have with any existing suppliers.
If you don’t:
• they may not permit you to move your energy supply to E.ON; and/or
• the transfer may be delayed.
2.4 Getting you up and running
e can only start supplying you when we’ve successfully transferred your
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premises to us from your existing supplier.
We’ll take all reasonable steps to complete your transfer to us:
• on the date agreed with you; or
• if no date has been agreed, within 21 days starting from the day after you’ve
entered into a contract with us.
Your transfer could be delayed:
• if your existing supplier objects to you changing supplier because you
haven’t cancelled, or terminated your contract with them;
• if your existing supplier objects to you changing supplier because you owe
them money;
• if we don’t have all the information we need to complete the transfer
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despite taking reasonable steps to obtain it;
• for any other circumstances beyond our reasonable control.
We can cancel your contract if:
• we haven’t managed to transfer your premises from your existing
supplier(s) for reasons outside of our control; or
• we’ve asked you for a security deposit and you’ve not paid it within 21 days,
starting from the date you entered into a contract with us or by the date
mentioned in any correspondence we send you in relation to a security
deposit; or
• you fail a credit check after accepting a contract with us; or
• you provide us with false, incomplete and/or inaccurate information.
I f your transfer is delayed, or we cancel your contract, for any of the above
reasons, we will not be liable for any costs that you incur.
Section 3 Checking your credit status
3.1
When would credit checking apply to me?
I f you’re a new customer, or an existing customer adding premises, changing
payment method or agreeing a new plan, we may check your credit status to
decide which – if any – of our plans and services to offer you.
3.2 Who does this affect?
I f you’re a partnership, this may involve checking all the partners. If you’re
another kind of unincorporated organisation, this may involve checking all
your officers. If you’re a limited company, this may involve checking all your
directors.
3.3 What happens when we do a credit check?
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F irst, we’ll check our own records, and then we may ask one or more credit
reference agencies to check their records about you or your partners, officers
or directors. If you have half hourly metering and you’re a registered company,
we may receive regular updates about you from our credit reference agency:
these checks won’t leave a footprint on your credit records.
T he data that credit reference agencies hold includes information which is
public, held by Companies House, from an electoral register and shared for
credit and fraud prevention.
ther organisations lending you money or giving you credit will be able to see
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on the records at their credit reference agencies that we’ve run a credit check
against you or your partners, officers or directors.
Section 3 › Checking your credit status
3.4 Getting permission for a credit check with a credit reference
agency
We’ll ask your permission before we do this.
I f you’re making a joint application or you tell us that you have a spouse, civil
partner or other financial associate, we’ll link your credit records together. You
must be sure you have their agreement for you to disclose information about
them to us before you give us permission to run the credit check.
redit reference agencies will also link your records together and we (and
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others) may use these records for credit checking purposes.
3.5 Credit related information we collect about you
We record:
• any applications you make for plans and services, where credit is required
• how you conduct your account, including:
- details of what you pay and when;
- if you fail to pay a bill on time or in full;
- any overdue amounts you owe us.
I f you give us false or inaccurate information, we’ll also record this and may
pass it to organisations involved in crime and fraud prevention.
3.6 How this information is used and shared
e share the information we record with credit reference agencies. They may
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share it with other organisations performing credit checks and other credit
reference agencies.
We, credit reference agencies and others, may use the information to trace
people or organisations which owe money, to recover overdue amounts and to
prevent money laundering and fraud.
ecords stay on file for six years after they’re closed, whether the account was
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settled or not.
etails of the credit reference agencies we use can be found on our website,
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or by contacting us.
For more information on how we handle your personal data, see section 14.
3.7 Your credit status may affect your contract
s a result of checking your credit status we may do any one or more of the
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following:
• cancel your contract (as long as we haven’t started supplying your
premises);
• increase the prices we offer you;
• require you to pay a security deposit;
• require you to use a specific payment method;
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• specify how often you receive a bill or statement from us;
• require you to take your supply through a prepayment meter.
Section 4 For fixed price plans
4.1
When would this apply to me?
T his section only applies to you if you’ve agreed a fixed price plan with us.
We’ll send you a contract confirmation letter detailing the start date and
end date of your fixed price plan, including the prices we’ll charge during the
period of your fixed price plan.
4.2 About fixed price plans
If you’re on a fixed price plan:
• we can prevent you switching to another supplier before the end date of
any fixed price plan you’ve agreed with us;
• your prices will stay the same until the end date of your fixed price plan,
except in any of the situations shown in section 9.2;
• you can give us notice at any time on or before your notice date that you
want to terminate your contract at the end of your fixed price plan. You
can do this by contacting us using the details in your contract confirmation
letter. These can also be found on our website.
4.3 The renewal offer letter
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e’ll send you a renewal offer letter on or about 60 days before the end date
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of your fixed price plan. If you haven’t heard from us you can contact us and
we’ll send you another copy.
Y our renewal offer letter will provide your options for the end of your current
fixed price plan. We will not automatically roll you over to another fixed price
plan.
If you haven’t already given us
notice to cancel, or terminate,
your contract
Section 4 › For fixed price plans
Your situation
What we’ll offer you
›
We may offer you a new fixed price
plan.
We’ll also tell you about our variable
price plan. This is the plan we’ll move
you on to at the end of your current
plan if you don’t agree a new fixed
price plan or cancel, or terminate, your
contract.
If you move on to a variable price plan
you’ll need to give us 30 days’ notice
if you want to switch to another
supplier. You can find out more about
variable price plans in Section 5.
If you want to switch to another
supplier at the end of your fixed
price plan, you must notify us before
your notice date. You’ll need to
comply with the conditions of section
7.3 (which includes clearing any
outstanding balance on your account),
or we may prevent you from switching
supplier.
If you’ve already given us notice
to cancel, or terminate, your
contract
›
We may offer you a new fixed price
plan.
We’ll also tell you about the out of
contract prices we’ll move you onto
if you haven’t switched to another
supplier after the end date of your
fixed price plan.
Once you’re on out of contract prices,
you can switch to another plan or
another supplier at any time. You’ll
need to comply with the conditions
of section 7.3 (which includes clearing
any outstanding balance on your
account), or we may prevent you from
switching supplier.
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If your account has an
outstanding balance and we’ve
told you that we’ve applied to
a court for a warrant to enter
your property under the Rights
of Entry (Gas and Electricity
Boards) Act 1954 as amended
›
We won’t offer you a new plan.
Instead we’ll move you to our out of
contract prices after the end date
of your current plan, whether or not
you’ve given us notice to cancel, or
terminate, your contract. You’ll still be
subject to the latest version of these
terms and conditions as your contract
continues to apply until your switch to
another supplier is complete.
Except where you’ve agreed
to pay by fixed monthly Direct
Debit, if £100 or more has been
overdue on your account for 60
days or more when we send your
renewal offer letter
›
The new fixed price plan we offer you
will have higher prices than we’d offer
if no amount was overdue. If you clear
what you owe us you can contact us
on the number shown in your renewal
offer letter as we may be able to offer
you a better deal.
If you’re on a fixed price plan
and you’re being serviced by our
Corporates team
›
We won’t send you a renewal offer
letter. Instead our Corporates team
will contact you to tell you about the
prices we can offer you after your end
date. You no longer need to give us
notice to terminate your contract.
4.4 Y
our renewal options
nce you’ve received your renewal offer letter, you can choose to do any O
of the following:
What you need to do / What
happens next
Your situation
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If we’ve offered you a new fixed
price plan and you want to
accept it
›
You’ll need to tell us by the notice
date shown in your renewal offer
letter – the letter will tell you how. We’ll send you a new contract
confirmation letter and your new
fixed price plan will start the day after
the end date of your current plan.
If we’ve offered you a new fixed
price plan and you want to
discuss other offers with us, for
example a longer fixed term or a
different plan
›
The letter will tell you how to get in
touch with us.
If you want to switch to another
supplier immediately following
the end date of your current
plan
›
You must terminate your contract
on or before your notice date using
the contact details provided in your
renewal offer letter. If you notify us
that you intend to terminate your
contract but we still supply you after
the end date of your fixed price plan,
we’ll charge you our out of contract
prices.
If we send you a renewal offer
letter and you:
- don’t agree another fixed price
plan; and/or
- notify us of your intention to
terminate your contract;
but we’re still supplying you
after the end date of your
current plan
›
We’ll write to you around 10 days after
your notice date to confirm you’ll be
moved to the variable price plan or
out of contract prices, as applicable.
You’ll be subject to the latest version
of our standard terms and conditions
for small and medium enterprises
(SMEs) as your contract with us will
continue.
If your notice date has passed
and you’d like to terminate your
contract but you‘ve not yet told
us
›
You can still tell us you want to
terminate your contract after your
notice date. However we need at least
30 days’ notice, therefore you won’t
be able to switch to another supplier
until 30 days have passed. You’ll stay
on your current fixed price plan until
the end date of your fixed price plan
and then we’ll switch you to our
variable price plan until the end of
your notice period. If we still supply
you after that time, we’ll charge you
at our out of contract prices. You’ll be
subject to the latest version of our
standard terms and conditions for
small and medium enterprises (SMEs)
as your contract with us will continue.
If you’ve agreed a new fixed price
plan you won’t be able to leave until
that plan has ended.
If you’re being serviced by our
Corporates team
›
Our Corporates team will contact
you to discuss your prices after your
current plan ends.
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Section 5 For variable price plans
5.1
When would this apply to me?
If you’ve agreed a variable price plan, or you were on a fixed price plan and:
• didn’t tell us on or before your notice date that you wanted to end your
contract; and
• didn’t agree another fixed price plan with us.
5.2 About variable price plans
I f you’re on a variable price plan, we can change your prices at any time. If we
increase your prices, we’ll tell you in advance where we can. You can find our
latest prices by logging into your account on our website or contacting us.
If you’re on a variable price plan with us, the plan will continue until:
• you agree a new plan or pricing with us; or
• you switch to another supplier; or
• your supply is permanently disconnected; or
• we give you notice that we’re ending your plan - see section 7.4; or
• your contract is ended - see sections 7.5 and 7.6; or
• you move on to our out of contract prices.
5.3 Your options
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I f you’re on a variable price plan you can ask us at any time to quote you for a
fixed price plan by contacting us.
I f you want to switch to another supplier you’ll need to terminate your plan
and give us 30 days’ notice - see section 7.3 for more details.
Section 6 Changes to your premises
6.1
Adding premises
I f you want to add premises to your contract you need to call us to get a
quote. We may offer you a new quote for the premises or add this to your
current contract at our discretion. If you do ask us to quote, then sections 2
and 3 will apply for your new premises.
If you want us to read the meter at your new premises, please give us 10
working days’ notice of this change. Alternatively, call us on the day you
become responsible for the new premises with an actual meter reading. This
is not needed if you have half hourly metering.
Section 6 › Changes to your premises
6.2 Moving in or out of premises
If you’re moving out of the premises, you need to:
• give us a meter reading on the day you move out (not needed if you have
half hourly metering or smart metering);
• tell us who’ll be responsible for the premises in future; and
• t ell us where to send your final bill. If you’re a sole trader and have given us
your home address, we may use that address to contact you about paying
your final bill.
I f we have reasonable grounds to believe that you, your officers or directors
still have responsibility for the premises despite telling us that you’ve moved
out, we may request additional evidence from you. If you’re unable to provide
that evidence within a reasonable amount of time we’ll assume that you’re
still responsible for the premises and this contract will continue. In addition,
if we reasonably believe you’ve acted fraudulently and you agreed your plan
after 30 March 2014, we may move you to our out of contract prices and take
any other action we deem necessary including, but not limited to:
• requiring a security deposit (see section 11.2);
• changing your payment terms;
• changing your meter to a meter we deem appropriate and necessary;
• d
e-energising your energy supply – in some cases remotely through your
meter.
I f you don’t have half hourly metering and you want us to take a meter
reading at your premises you’ll need to give us at least 10 working days’
notice.
I f you don’t tell us that you’ve moved out of the old premises and/or fail to
provide us details of the new owner or occupier of the premises, you’ll still
have to pay for the services at those premises until:
• a new owner or occupier takes over responsibility for the energy use; or
• we or the Network Operator permanently disconnects your supply.
e’ll add anything you owe to your account – if you have any premises left
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under your contract – or otherwise to your final bill.
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Section 7 Ending your plan or contract
7.1
The difference between your plan and your contract
7.1.1 Y our contract begins from the date we agree it with you and continues until
we stop supplying you or until your contract is ended - see sections 7.2.1, 7.5
and 7.6.
uring your contract with us you may move from one plan to another - see
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sections 4 and 5. Your contract confirmation letter will show the terms that
apply to that plan and may also include changes made to your terms and
conditions - see section 7.2.
7.1.2 I f your plan has ended for any reason and you’ve not started a new plan with
us, your contract will continue, unless you’ve entered into a new contract with
us in accordance with section 7.2.1, and we’ll charge you at our out of contract
prices.
T his section explains how and when we can end your plan and how you or we
can cancel, or terminate, your contract - and what happens afterwards.
7.2 Changing the terms and conditions of your contract
e may change these terms and conditions at any time. If the changes are
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significantly to your disadvantage, you can give us notice that you want to
cancel, or terminate, your contract and switch to another supplier before the
changes take effect. The terms in section 7.3 will apply.
Y ou can do this by contacting us when we notify you of the change. You must
do this within 10 days of the date we notify you. You’ll then have 30 days from
notifying us to transfer the services to another supplier, otherwise we’ll apply
the changes from the date they were due to take effect.
You won’t be able to cancel, or terminate, your contract if:
• the change is due to any amendments to, or introduction of, government
taxes or levies;
• we change how frequently we bill you or change your smart meter to the
Pay-As-You-Go setting, because you’ve cancelled your fixed monthly Direct
Debit, haven’t paid us on time, or your credit status is not – in our opinion –
satisfactory;
• we require you to pay for your energy through a prepayment meter;
• we require you to provide a security deposit; or
• the change is due to any of the circumstances listed in section 9.2.
7.2.1 W
e’re making changes to our contracting process. This may mean that when
you agree a new plan with us you’ll enter into a new contract. If this applies to
you we’ll advise you that this is the case when you agree a new plan with us
and we’ll confirm it in the contract confirmation letter.
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Section 7 › Ending your plan or contract
7.3 Cancelling, or terminating, your contract and switching to
another supplier
I f you’re in a fixed price plan and want to switch supplier when your plan
ends, you need to give us notice to cancel, or terminate, your contract. The
notice must be received by us on or before the notice date.
I f you’re in a variable price plan and you want to switch supplier, you need to
give us 30 days’ notice.
Y ou can do this by calling us, writing to us, or emailing us. You can find our
contact details in the FAQ section of our website.
If you’re in a deemed contract, you can switch supplier at any time.
I f you’re on our out of contract prices, you can switch supplier at any time,
subject to the conditions of this section (7.3).
e’ll take all reasonable steps to help you complete your transfer by the date
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agreed with your new supplier, or where no date has been agreed, no more
than 21 days from the day after you entered into a contract with another
supplier.
I f you’re on a fixed price plan, variable price plan or on out of contract prices
we may delay or prevent you switching supplier if:
• t he transfer date is before the end date of any fixed price plan you’ve
agreed;
• t he transfer date is less than 30 days from the date you told us you wanted
to end your contract;
• you have an outstanding balance on your account;
• t he new supplier has told us that there’s been a change of tenancy at the
premises but we have reasonable grounds to believe this is not the case;
• you ask us to stop the transfer;
• t he new supplier attempts to register an electricity meter point(s) and has
not applied to transfer all the related meter point(s) on the same working
day for the same supply start date.
I f you’ve given us notice to terminate but we still supply you after the end
date of your fixed price plan or after the end of the notice period, the latest
version of these terms and conditions will still apply and we’ll charge you at
our out of contract prices.
ut of contract prices are generally more expensive than any of our plans. We
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may change them at any time, but where we can we’ll advise you in advance
of any increase to our out of contract prices. You can find our latest prices by
logging into your account on our website or contacting us.
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7.4 When we can end your plan
We may end your plan or de-energise or disconnect your supply if:
• y our actions (or failure to act on a reasonable request) cause us (or are
likely to cause us) to be in breach of our electricity or gas supply licences or
any other applicable legislation;
• y ou fail to give us access to your premises to fit an advanced meter in
accordance with section 12.5;
• you breach these terms and conditions; or
• we reasonably believe you’ve acted fraudulently.
e’ll try to give you advance notice but in some circumstances, for example
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where there is danger to life or property, we may de-energise or disconnect
your supply without notice.
I f we end your plan we’ll move you on to our out of contract prices or our
de-energised prices as applicable. We may change these prices at any time.
You can find our latest prices by contacting us (for contact details go to the
‘Contact us’ page on our website) - in some cases we may also cancel, or
terminate, your contract - see section 7.6.
I f you’re on a fixed price plan that was entered into before 31 March 2014, this
section will not apply until after the end date of your current fixed price plan.
7.5 When your contract with us ends
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xcept under the circumstances in sections 7.2.1 and 7.6, your contract with us
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won’t end until:
• you’ve successfully transferred to another supplier; or
• your supply has been permanently disconnected; or
• y ou cease to be the owner or occupier of a premises subject to section 6.2;
or
• y ou agree a new contract or agreement with us to start after the end date
of your plan.
nding your contract won’t affect any outstanding rights or obligations you
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or we have under it. If your energy usage is different from the figure we
based your final bill on, we’ll issue a revised final bill and you’ll need to pay all
amounts due to us.
I f you have a smart meter, you may lose some functionality when you switch
to your new supplier.
ther than to meet our regulatory requirements, when you leave we won’t
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pass on data from your smart meter, advanced meter or your half hourly
meter to anyone else without your permission.
7.6 Specific situations when your contract may end
here you materially breach the terms of your contract we may cancel, or
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terminate your contract after giving notice, de-energise or disconnect your
supply and move you on to a deemed contract.
Y our contract will also end if Ofgem nominates another supplier to provide
energy to the premises.
7.7 Summary of when your plan or contract may end
When we can end your plan
T his section does not apply if you entered into a fixed price plan before 30
March 2014. We can end your plan and charge you at our out of contract prices
if:
• y our actions (or failure to act on a reasonable request) cause us (or are
likely to cause us) to be in breach of our electricity or gas supply licences or
any other applicable legislation – see section 7.4;
• y ou materially breach the terms of your contract (including, but not limited
to, stealing energy, or deliberately damaging our or the network operators’
equipment);
• w
e reasonably believe that you’ve acted fraudulently in claiming you are or
will no longer be responsible for energy used at the premises - see section
6.2;
• y ou need to be transferred to our Corporates team in accordance with
section 15.7 and:
- your fixed price plan has ended; or
- we gave you notice to end your variable price plan and the notice period
has ended.
When you can end your plan
I f you’re on a fixed price plan, there are no circumstances where you can end
your plan.
I f you’re on a variable price plan, you may end your plan by agreeing a new
fixed price plan or giving us 30 days’ notice to switch supplier. Your variable
price plan will end when your new fixed price plan starts.
When we can cancel, or terminate, your contract
I f we agreed a contract with you but we haven’t started to supply you yet. We can cancel your contract and stop your transfer if:
• we’ve asked you for a security deposit but you haven’t paid it within 21 days
or as otherwise specified by us; or
• you failed our credit check; or
• you’ve provided us with false, incomplete or inaccurate information; or
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17
• we haven’t been able to complete your transfer for other reasons beyond
our reasonable control; or
• you’ve told us you didn’t agree a contract with us and we’ve no evidence
that a contract was agreed with you; or
• you cease to be the owner or occupier of a premises subject to section 6.2.
If you’re on a plan, or you’re on our out of contract prices.
We can cancel, or terminate, your contract if:
• you commit a significant material breach (including, but not limited to, a
breach that is capable of leading to us taking legal action, or persistent
material breaches); or
• Ofgem nominate another supplier to the premises.
I f we still supply you after your contract has been ended, we’ll supply you
under a deemed contract - see section 1.
If you want to appoint your own metering agents.
e may cancel, or terminate, your contract and supply you on alternative
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terms.
When you can cancel, or terminate, your contract
If you’re on a fixed price plan.
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Y ou can cancel, or terminate, your contract by giving us notice before the
notice date. Your contract will end after the end date of your plan and when
your switch to another supplier is complete. You’ll need to comply with the
conditions of section 7.3 (which includes clearing any outstanding balance
on your account), or we may prevent you from switching supplier. If we still
supply you after the end date of your plan we’ll charge you at our out of
contract prices - see section 4.2 for more details on how to terminate your
contract.
If you’re on a variable price plan.
Y ou can cancel, or terminate, your contract by contacting us at any time and
giving 30 days’ notice. Your contract will end after the notice period has ended
and when your switch to another supplier is complete. You’ll need to comply
with the conditions of section 7.3 (which includes clearing any outstanding
balance on your account), or we may prevent you from switching supplier. If
we still supply you after the end of the notice period we’ll charge you at our
out of contract prices.
If you’re on any plan.
You can cancel, or terminate, your contract if:
• we tell you of changes to these terms and conditions that significantly
disadvantage you. You’ll need to do all of the following or we may stop you
switching supplier:
- pay any outstanding balance on your account
- call us within 10 days of the date we notify you
- switch to another supplier within 30 days of your call
- comply with the conditions of section 7.3.
I f we still supply you 30 days after your call we’ll assume you have changed
your mind and will not terminate your contract. The changes we told you
about will apply from the date we’ve stated.
• we write and tell you that we need to transfer you to our Corporates team.
You’ll need to do all of the following or we may stop you switching supplier:
- pay any outstanding balance on your account
- call us within 10 days of the date we notify you
- switch to another supplier within 30 days of your call
- comply with the conditions of section 7.3.
I f we still supply you 30 days after your call we’ll assume you have changed
your mind and will not terminate your contract and we’ll transfer your account
to our Corporates team.
If you’re on out of contract prices or a deemed contract.
Y ou can cancel, or terminate, your contract by switching to another supplier
at any time – your contract will end when your switch is complete. If you’re on
out of contract prices you’ll need to comply with the conditions of section 7.3
(which includes clearing any outstanding balance on your account), or we may
prevent you from switching supplier.
Section 8 Who’s who?
8.1
Who we are
Y our contract is between you and E.ON Energy Solutions Limited for the supply
of services.
Sometimes it’s our parent company E.ON UK plc providing the services to you,
and we’re just acting as their agent. In this case, these terms and conditions
still apply and references to ‘we’, ‘us’ or ‘our’ include E.ON UK plc.
Section 8 › Who’s who
8.2 Who is agreeing on your side
I f you’re agreeing to your contract on behalf of a limited company, partnership
or other organisation, you confirm that you have the authority to do so.
If you’re a sole trader, you confirm that you are aged 18 or over.
I f you’re a partnership or other unincorporated organisation, you and the other
partners or officers will be jointly and severally liable under your contract.
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19
8.3 Changing who’s agreeing
Y our contract is between you and us, and you can’t transfer it to anyone else
without our agreement.
e may transfer our rights and obligations under your contract to another
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company, but your rights under your contract will not change. You won’t be
able to cancel, or terminate, it just because we have transferred it to someone
else.
8.4 Who else has rights under your contract?
e and your network operator(s) have rights under legislation and our
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licences, which we can use to enforce provisions in your contract.
Section 9 What you pay
9.1 What we’ll charge you
Your situation
You haven’t agreed any terms
with us, so you have a deemed
contract;
What we’ll charge you
›
or you’ve materially breached
these terms and conditions and
we’ve cancelled, or terminated,
your contract
If you’ve agreed a variable price
plan;
or if your fixed price plan has
ended and you haven’t given us
notice on or before the notice
date that you want to switch to
another supplier
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Our deemed prices – which we’ll write
and tell you about when we know
you’ve moved in.
We can change these prices at any
time – we’ll use reasonable steps to
contact you in advance of an increase
and will publish the latest rates on
our website.
›
The pricing in the ‘your plan’ section
of the contract confirmation letter we
sent you.
We can change these prices at any
time - we’ll notify you, where we can,
in advance if we increase these prices. You can find our latest variable prices
by logging into your account online or
contacting us.
›
The pricing in the ‘your plan’
section of the most recent contract
confirmation letter we sent you.
We won’t change these prices before
the end date stated in ‘your plan’
except in any of the situations in
sections 9.2.
If we’ve ended your plan and we
haven’t agreed a new plan with
you;
›
or if you’ve cancelled, or
terminated, your contract but we
still supply you
If you’re being serviced by our
Corporates team, and following
the end of your fixed price
plan, you’ve not started your
half hourly contract with us or
changed to another supplier
Our out of contract prices, you can
find our latest out of contract prices
by logging into your account online or
by contacting us.
We can change these prices at any
time - we’ll notify you, where we can,
in advance if we increase these prices. ›
Our out of contract prices, which you
can find on our website.
9.2 Specific situations when we can change your pricing
e can change your pricing if the information we based it on changes.
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For example:
• you move, add or remove premises;
• you change your payment method;
• you make changes to your supply;
• we find that the information you gave us is incorrect, false or incomplete;
• y ou asked us to supply more than one premises, but we haven’t been able
to transfer all of them.
e’ll pass through to you any additional charges we incur as a result of you
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providing incorrect, false or incomplete information.
T he amount you have to pay and these terms and conditions may also change
as a result of changes to taxation or the introduction of new taxes, levies, laws
or regulations, including but not limited to a change in the rate of VAT or CCL.
9.3 Additional charges
We can apply additional charges if:
• you change the design features of your connection – see section 13.1;
• we supply you under a CCL exempt product - see section 13.5 for more
details;
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21
Section 9 › What you pay
If you’ve agreed a fixed price
plan
• y our site is not ready for a meter to be installed when we make an arranged
visit;
• payment is made by credit card;
• y our bank fails to honour your Direct Debit on the second attempt to collect
a payment;
• your bank refuses to honour your cheque payment;
• you request a copy bill or statement;
• the circumstances of section 12.3 or 13.3.1 apply.
e charge VAT at the standard rate for energy unless your business is entitled
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to receive the supply at the reduced rate of VAT. You must provide us with
a valid VAT declaration form to evidence your entitlement to the reduced
rate of VAT. We do not accept VAT declaration forms signed by a third party
intermediary even if there is a valid letter of authority.
CL will be charged at the applicable rate. If the rate of CCL changes, the rate
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of the CCL equivalent charge will automatically change by the same amount
and at the same time as government changes to CCL - see section 13.5.
e may charge you our reasonable costs if you damage or tamper with the
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meter on your premises, abort an installation, or obstruct a communications
signal from a smart meter, advanced meter or half hourly meter. We may also:
• end your plan and charge you at out of contract prices; or
• de-energise or disconnect your supply.
I f your account has an outstanding balance, we may charge you interest
on that amount at 8% over the Bank of England base rate, plus up to £100
compensation in accordance with the Late Payments of Commercial Debts
(Interest) Act 1998.
Section 10
Bills and statements
10.1 What we send you
22
e’ll send you a bill or statement for each billing period – as set out in your
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contract confirmation letter.
Your bills or statements will include details of:
• your energy usage;
• what we’ve charged you;
• payments you’ve made to us (unless you are being serviced by our
Corporates team); and
• any payments you should make to us.
e can change how often we send you bills and statements by writing to you
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in advance.
Section 10 › Bills and statements
10.2 Estimated bills and inaccurate information
If a meter reading or consumption data is:
• unavailable; or
• in our reasonable opinion, inaccurate;
e may need to base your bill on our reasonable estimate. You have to pay
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this bill.
I f at any time we discover that any bill has been based on inaccurate or
incomplete information, for example, but not limited to, meter technical
information, we may amend your account and issue a revised bill as soon as
possible after accurate information becomes available.
10.3 If you don’t agree with a bill or statement
lease contact us immediately by calling the number on your bill or statement.
P
Any undisputed portion of the bill must be paid as set out in section 11 and
you must inform us about the amount you dispute and your reasons for
disputing this.
Section 11 Paying us
11.1 Paying us on time
nless you’ve agreed to pay by fixed monthly Direct Debit, you need to ensure
U
that you pay the bill in full and that your payment reaches our account within
14 days of the date on your bill or statement.
I nformation about how we calculate fixed monthly Direct Debits and how we
deal with credits on your account can be seen on our website.
I f you pay by fixed monthly Direct Debit or bank transfer and your bank
doesn’t meet a payment because you don’t have enough funds available, we
may change your payment method immediately. You must make alternative
arrangements to pay any outstanding balance on your account or the
conditions of section 9.3 will apply.
I f we need to change the amount of your fixed monthly Direct Debit (for
example if you start to use more energy or we change your prices) we’ll write
and tell you, giving you at least 10 working days’ notice.
I f you have a prepayment meter and require a continuous supply, it’s your
responsibility to make sufficient payments to your account to ensure that you
remain in credit at all times. If you don’t, your supply may be interrupted until
sufficient payments have reached your account.
e may charge you a fee for paying by certain methods or if your payment
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method fails – see section 9.3.
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23
11.2 Security deposits
here we request a security deposit, you’ll provide us with this by the
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reasonable date we specify.
I f we require you to pay a security deposit, we’ll pay it back after 12 months
providing there is no outstanding balance on your account and we haven’t
had to try to collect outstanding amounts from you within the last six months.
e’re entitled to use all or part of the security deposit to offset overdue
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payments from you and if we do so we’ll request a further security deposit
to be paid to us by the date we specify. Where the security deposit has been
used and not replaced we may also terminate your plan and charge you at our
out of contract prices.
11.3 Discounts
I n your contract confirmation letter we advise you if you’re eligible for any
discounts.
n eligible plans we give a discount for prompt payment if you pay your bill
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or statement within 14 days of the bill’s date. We’ll apply the discount to your
next scheduled bill or statement. This discount doesn’t apply to the final bill.
I f you’re on an eligible plan and choose to pay by monthly Direct Debit, you’ll
receive an ongoing discount for paying by this payment method. We’ll apply
the discount to the bill or statement for each billing period, including your
final bill. If we have transferred your account to our Corporates team, they’ll
apply the discount to your unit rates instead.
I f you’re eligible for any discounts but your account falls into arrears, we can
cancel any discount and move you to an alternative payment arrangement.
11.4 How we allocate the payments you send us
24
e’ll use the payments you send us to pay off the oldest part of the balance
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on your account first. If your account has been transferred to our Corporates
team we may allocate your payment in accordance with your instructions.
I f we receive a payment intended to pay for more than one service or
premises, we’ll allocate this payment as notified by you on the remittance
advice. If you haven’t sent a remittance advice, our payments processing team
will investigate and try to contact you to get your instructions about how to
allocate the payment.
I f you’ve agreed a payment arrangement with us, we may allocate
payments to ongoing energy usage and repayments, in accordance with this
arrangement.
I f you’re in credit for a particular service or premises, we may use this credit
to pay off a debit balance on another part of your account or any of your other
premises we supply.
I f you sign up to a Green Deal for your premises, or move into Green Deal
premises in accordance with section 13.6, any payments you make to us will
Section 12 › Tracking your energy usage
be shared proportionately between your Green Deal charges and any other
charges due from you.
11.5 If you don’t pay us
If you don’t pay us, or refuse to pay a security deposit when we ask, we can:
• change how often we send you a bill or statement;
• change your smart meter to the Pay-As-You-Go setting where applicable;
• withdraw your discounts - see section 11.3;
• charge you a late payment fee - see section 9.3;
• charge you interest on your debt - see section 9.3;
• require you to pay for your energy in advance using a prepayment meter;
• disconnect your supply – in some cases remotely through your meter; and/
or
• issue legal proceedings against you to recover any monies owed.
In these situations:
• we may charge you our costs, including our credit management costs, and
• you may still incur standing charges even if your premises are disconnected
or you’re not using any energy.
Section 12
Tracking your energy usage
12.1 Meter readings and consumption data
Your energy supply will have a meter.
I f you have a smart meter and/or an advanced meter, in most cases we may
be able to read your meter remotely. We’ll do this once a month, when we’ll
collect meter readings for each half hour in that month, unless you’ve told
us you only want us to collect daily or monthly meter readings and industry
regulation doesn’t require us to settle your meter point(s) on a half hourly
basis.
e’ll also try to read your smart meter remotely when your prices change
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or you switch to another E.ON tariff. If you switch to another supplier we
may read your meter remotely and send the reading to your new supplier,
providing we have an agreement with them to do this.
I f we can’t obtain a reading from your smart meter we’ll estimate your usage see section 10.2.
I f you don’t have a smart meter we’ll send a meter reader to your premises
from time to time and you’ll allow us access to the meter.
I f you have half hourly metering your data collector will send us your half
hourly consumption data.
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25
e’re required by regulation to take all reasonable steps to obtain a meter
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reading once a year. You can provide us with your own meter readings by
contacting us or by logging into your account on our website. This is not
needed if you have half hourly metering.
12.2 Faulty meters
I f you suspect that your meter is faulty, you can arrange for it to be tested by
calling us - you’ll be charged in advance for this visit. If the meter is found to
be faulty, you’ll receive a refund for the price you paid to us for this visit within
28 days or as soon as practicable after that.
We may also arrange for the meter to be tested at our own cost.
here we are obligated to inspect your meter, you will allow us safe and
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reasonable access to the meter point(s). Where we’re unreasonably denied
access and are unable to comply with our obligations, we may ask you to pay
any costs we’ve incurred and we may terminate your plan as stated in section
7.4..
12.3 Metering agent(s)
I f you instruct us to appoint your own metering agent(s) you must ensure that
they are qualified as we may need to supply you on alternative terms.
e may reject or delay appointment of a metering agent(s) of your choice
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where we have reasonable grounds to do so.
I f a metering agent(s) you’ve appointed fails to perform, ceases to be qualified
and/or causes or may cause us to be in breach of our licence conditions we
may:
• appoint a replacement of our preferred choice; and/or
• p
ass through to you any costs we incur, including but not limited to
additional operational costs, regulatory/industry fines or penalties; and/or
• c harge you our out of contract prices until you have worked with your
metering agent(s) to resolve the situation to our satisfaction.
12.4 Fitting a smart meter
e’re currently in the process of installing smart meters at premises we
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supply. You agree that, if we contact you to arrange to install a smart meter at
your premises, you’ll allow us reasonable access to complete the installation
without unjustifiable delay.
12.5 Fitting an advanced meter
26
here we’re required by regulation to install an advanced meter to a meter
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point(s) at your premises you will allow us access to the meter point(s). Where
we’re unreasonably denied access we may ask you to pay any costs we’ve
incurred and we may terminate your plan as stated in section 7.4.
Section 13 Your energy supply
Section 13 › Your energy supply
13.1 Changing the design features of your connection
I f you want to install generating equipment, or modify or exceed the design
features of your connection in other ways, you must:
• contact us;
• ensure that we’ve agreed to these changes;
• if we ask you to, also contact your network operator(s) and ensure that
they’ve also agreed to these changes; and
• pay the costs that we – and your network operator(s) – incur as a result of
this.
13.2 Your electricity supply
F or the characteristics of your electricity supply please refer to the National
Terms of Connection website.
13.3 Half hourly metering
I ndustry regulation may require your meter point(s) to be settled on a half
hourly basis. If this is the case, we’ll need to change the setup of your meter
so we can remotely receive half hourly consumption data. If we need to make
this change part way through your fixed price plan your prices will not change. here we are required by regulation to install or reconfigure a meter point(s)
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at your premises to half hourly metering, you’ll allow us safe access to the
meter point(s). Where we’re unreasonably denied access and are unable
to comply with industry regulation, we may ask you to pay any costs we’ve
incurred and we may terminate your plan as stated in section 7.4.
Y ou can agree a maximum authorised supply capacity (ASC) with your
network operator. If you have not agreed an ASC with your network operator
they will assign an ASC to your meter point(s) where appropriate. Any
changes to your ASC must be agreed with your network operator. I f you require a meter reconfiguration or a meter change, we’ll agree a date
with you for installation where applicable. We’ll be responsible for collecting
consumption data from your half hourly meter until your meter point(s) are
no longer registered to us.
here we are unable to communicate with your half hourly meter, you’ll
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allow us safe access to the meter point(s). Where we’re unreasonably
denied access, we may ask you to pay any costs we’ve incurred and we may
terminate your plan. We may charge you our reasonable costs if you obstruct a
communications signal from a half hourly meter.
13.3.1 Pass through costs
I f this section applies to you we’ll either tell you before you agree your plan
and confirm this in the contract confirmation letter or we’ll advise you in
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27
writing, in advance, to tell you we intend to apply this section. If we’ve written
to you to advise that we intend to apply this section to you, you’ll be able to
give us notice to cancel or terminate your contract as stated in section 7.2.
Authorised supply capacity charge(s)
I f your ASC increases or is different to the ASC we included in your prices, we
may pass through to you any increase in the difference between the ASC set
when you entered into the contract (or any subsequent plan) and your actual
ASC at the published network operator rates.
Excess capacity charge(s)
here you exceed your ASC we may pass through to you any excess capacity
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charge(s) charged to us by the network operator at the published network
operator rates.
Reactive power charge(s)
e may pass through to you any reactive power charge(s) charged to us by
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the network operator at the published network operator rates.
13.4 De-energising your electricity supply
I f you wish to temporarily interrupt your electricity supply – for example, in the
event of building works – you can ask us to do this.
I f you ask us to do this, we’ll stop the flow of electricity from the distribution
network to your premises. This is called de-energising. We’ll usually charge
you our costs for doing this. If you’re supplied by a smart meter we may deenergise your premises remotely.
Once your premises are de-energised, in most cases we’ll charge you a
daily standing charge (our de-energised prices) until your premises are reenergised. We may change these prices at any time. You can find our latest
prices by contacting us.
your premises are de-energised you will not receive a renewal offer letter
If
and you’ll continue to be charged our de-energised prices.
hen your supply is re-energised you’ll be put on a deemed contract unless
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you agree a new contract with us – see section 1.
I f your premises stay de-energised for longer than 12 months, we may
permanently disconnect them from the distribution network. We’ll make an
additional charge for this, which you must pay.
Y ou’ll continue to be responsible for the services until your premises are
permanently disconnected from the distribution network.
13.5 CCL exempt product
28
This section only applies to you if you’re liable to pay CCL.
You agree that we can, from time to time, supply you with electricity under
a CCL exempt product. This means that the electricity we supply you with is
certified as being from a good quality CHP electricity source or a renewable
electricity source, therefore you’ll be exempt from paying CCL.
T here is an additional charge for electricity supplied under a CCL exempt
product, known as the CCL equivalent charge. This charge is the same as the
CCL you would otherwise have been liable for, therefore the total amount of
your bill will be unchanged. This means that if the rate of CCL changes, the
rate of the CCL equivalent charge will change automatically by the same
amount and at the same time as government changes to CCL.
I f we’ve supplied you under a CCL exempt product, the CCL equivalent charge
will be shown on a separate line on your bill. If we’ve supplied you under
a standard product and you are liable for CCL, the CCL will be shown on a
separate line on your bill.
I n some circumstances your bill may show both CCL and a CCL equivalent
charge: this will be because you’ve only been supplied under a CCL exempt
product for part of the period we have billed, and CCL is due on the remainder.
I f your circumstances change you need to inform us as we may need to stop
charging you a CCL equivalent charge and may need to start charging you CCL.
This will happen if you:
• move to a domestic tariff;
• switch to Smart Pay-As-You-Go;
• have half hourly metering installed;
• provide a partial VAT declaration; or
• provide us with a CCL exemption form.
In accordance with the Finance Act 2000, Schedule 6, para 19(2) and 20A(3):
a.In each averaging period as determined under the Finance Act 2000,
Schedule 6, para 20B, the amount of electricity supplied by good quality CHP
electricity will not exceed the difference between:
i) the total amount of good quality CHP electricity that, during that period,
is either acquired or generated by us; and
ii)so much of the total amount as is allocated by us otherwise than to good
quality CHP electricity supplied by us in the period.
b.In each averaging period as determined under the Finance Act 2000,
Schedule 6, para 20, the amount of electricity supplied by renewable
electricity sources will not exceed the difference between:
i) the total amount of renewable electricity sources that, during that period,
is either acquired or generated by us; and
ii)so much of the total amount as is allocated by us otherwise than to
renewable electricity supplied by us in the period.
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29
13.6 Green Deal premises
How your Green Deal plan works
I f you sign up to a Green Deal for your premises, or move into Green Deal
premises, you’re responsible for payment of the Green Deal charges. We’ll
bill and collect Green Deal charges on behalf of the Green Deal provider
through your usual method of payment. If you have a prepayment meter we’ll
collect these charges through your meter. We’ll show your Green Deal charges
separately on your bill or statement. Green Deal charges will continue to be
charged at the Green Deal premises until the full amount owing to the Green
Deal provider is paid. Green Deal charges are not included in the prices we
agree with you when you switch to us or switch plans with us. We’ll write to
you about your Green Deal charges as soon as your Green Deal provider or
your existing supplier tells us what they are. Your Green Deal charges will not
be shown in your contract confirmation letter.
What happens if you move premises
I f you move out of a Green Deal premises you’ll have to pay all Green Deal
charges due up until the date you move out, in addition to any other charges
due to that date. Any Green Deal charges due after the date you move out will
be charged to the new owner or tenant, or if the premises are empty, to the
landlord.
What happens if you switch supplier
I f you switch supplier, you’ll need to pay us for any Green Deal charges due
while we were your supplier. Your new supplier will take over collecting the
Green Deal charges from the time they start to supply you.
13.7 Demand Side Response (DSR) payment(s)
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here we agree to supply gas to your premises and you are subject to Firm
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Load Shedding by a gas transporter as a result of a Gas Deficit Emergency, we
agree to pay you (as soon as reasonably practicable) a DSR payment provided
that we receive payment applicable to you from the relevant gas transporter.
Section 14
Personal data
Section 14 › Personal data
14.1 Contacting you
I n order to service your account we may use personal data to contact you by
various methods, including electronic communications such as e-mail, text and
messages through your smart meter.
14.2 Servicing your account
We explain how we use your personal data for credit checking in section 3.
We’ll also use your personal data (including information obtained from your
smart meter) and data we obtain about you from third parties to service your
account including:
• m
onitoring and recording communication for security and training
purposes, for example to help us resolve queries or to help us check the
quality of service we are providing to you;
• u
se of any automated scoring systems, which also use information from
credit reference agencies;
• using your personal data to provide tailored energy efficiency advice.
I f you’re a sole trader and you’ve given us your home address, we may use this
address to contact you about your contract. We’ll only do this if we’re having
problems contacting you at your business address, or if you’ve moved out of
your business address and have not given us a forwarding address.
14.3 Sharing your personal data with others for servicing purposes
T o ensure we keep our records accurate and up to date we’ll use information
we obtain from different sources which will involve matching the data we
hold about you with data that third parties hold about you. This will include
third parties that we’re working with and credit reference agencies.
e’ll share your personal data with organisations who help us to service
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your account, for example to provide you with a Green Deal or enable you to
monitor your energy consumption and compare it with similar businesses
within your sector.
e’ll share your data with third parties where you have instructed us to or
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where others acting on your behalf have an interest, for example:
• with other suppliers where you wish to transfer supply;
• landlords or letting agents where you are moving house;
• financial associates where you are linked together on an account.
I n order to provide services you have asked for we’ll share information with
others named or linked on your account. This may include a business partner
or employee or those paying the bill, or a third party intermediary working on
your behalf with the required authority.
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31
e’ll also share data on your account with third parties where we’ve identified
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a vulnerability and support is required, for example government departments
or social services.
I n order to cross check your details in relation to taking on a supply we’ll share
information on your account including how you manage your account with us
and whether there are any overdue amounts with credit reference agencies.
here we or a third party suspect the property you are in is connected with a
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fraud we may share your information with other energy suppliers, landlords,
housing associations or law-enforcement agencies.
e, credit reference agencies and others may use your personal data to trace
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people or organisations which owe money, to recover debt and to prevent
money laundering and fraud.
e may transfer your debt to another organisation and give them details
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about you and the overdue amounts for the purpose of obtaining payment.
F rom time to time these other people or organisations may operate in
countries that don’t have the same standards of protection for personal
data as the UK, but that E.ON have assessed as having reasonable security
measures in place.
e will not share any personal data with social networking sites or other
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online media without your permission. If you share personal data with us or
link your social media account with ours, we may use that data in accordance
with this section (14). You’re responsible for all personal data you share with
us through social media.
e may share your data with other organisations for the detection,
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investigation and prevention of crime.
14.4 Marketing
e’ll use your personal data to communicate marketing opportunities in line
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with your preferences (eg electronically or by mail or telephone), unless you
have told us that you don’t wish to receive such information by one or more
communication methods.
14.5 Sharing your data with others for marketing purposes
e’ll use your personal data for the purpose of marketing opportunities
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(including loyalty or incentive schemes run from time to time) that may
be of benefit to you. As part of this we may share your personal data with
affiliates, companies we’re working with and others in the E.ON Group in order
to conduct data matching exercises. As a result of this, these selected third
parties may also communicate marketing opportunities to you, unless you’ve
notified us that you do not want to receive such information.
14.6 Research
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e may use your personal data for research into market initiatives, including
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creating statistics, testing computer systems, analysing customer information
Section 15 › General terms
and creating propositions and marketing opportunities (including using
information about what has been bought from us and how it has been paid
for). As part of this we may share your information with those in the E.ON
Group, those we’re working with, government bodies, regulatory authorities,
industry bodies and others associated with the energy industry where we’re
satisfied that there are satisfactory security measures in place.
14.7 Your rights
Y ou are entitled to a copy of the personal data that we hold about you or to
have any inaccurate information corrected. We may charge you a small fee for
providing this to you. You can opt out of receiving marketing material from
us or third parties, or receive more details of how we and credit reference
agencies use your information by contacting us.
Section 15 General terms
15.1 Our liability to you
We and the network operator(s) are not liable for:
• any indirect or consequential losses – which may include pure economic
loss, loss of profit, loss of business, third party costs, reduced goodwill and
other similar losses;
• damage which is beyond our reasonable control however it was caused.
ur and the network operator(s) joint total liability to you in any calendar
O
year (January to December) for any incident – or related series of incidents – is
£100,000. This limit doesn’t apply to death or personal injury.
15.2 This is a micro business consumer contract
T he Government licenses us to supply electricity and gas. Electricity and gas
legislation and our supply licences regulate how we operate with different
kinds of customers. Some small and medium enterprises, also known as micro
businesses, have special protection under our supply licences. However, we
treat all small and medium enterprises serviced by our SME team as micro
businesses, which is why we call your contract a ‘micro business consumer
contract’.
15.3 Letters of authority
e will not discuss anything to do with your contract with a third party
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intermediary unless we have a valid letter of authority from you to do so. You
can update your authorisation at any time by providing us with a new letter
of authority. Any previous letter of authority will end when the new letter of
authority becomes effective. You can cancel your letter of authority at any
time by telling us in writing or by calling us.
Unless it specifically states otherwise, a letter of authority is valid from the
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33
date of agreement for a period of 12 months.
e do not accept VAT declaration forms signed by a third party intermediary
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even if there is a valid letter of authority.
15.4 National Terms of Connection – for electricity customers only
In the paragraphs below, your network operator is the company which
manages the electricity distribution systems that supply your premises. We’re
acting on behalf of your network operator to make an agreement with you.
T he agreement is that you and your network operator both accept the
National Terms of Connection (NTC) and agree to keep to its conditions. This
will happen from the time that you enter into your contract and it affects your
legal rights.
T he NTC is a legal agreement. It sets out rights and duties in relation to the
connection at which your network operator delivers electricity to, or accepts
electricity from, your home or business.
I f you want a copy of the NTC or have any questions about it, please see the
National Terms of Connection website for details.
15.5 This is a customer contract
T hese terms and conditions are for the supply of energy to premises which
you own and/or occupy. If you’re not the owner and/or occupier of any of the
premises you must tell us before entering into a contract with us and you’ll
need to provide us with evidence that you are acting with the authority of the
owner and/or occupier and in what capacity you are acting for them. We may
offer to supply you under different terms and conditions.
15.6 Rights, liabilities and obligations after your plan ends
I f you switch to a new plan with us when your old one ends, or if you move
to out of contract prices, your contract with us and any rights, liabilities
or obligations in it will continue. Your contract will only end under the
circumstances in sections 7.2.1, 7.5 or 7.6.
I f you switch to another supplier, your supply is permanently disconnected or
you’re no longer responsible for supply at the premises, the rights, liabilities or
obligations which have accrued prior to the end date shall not be affected.
15.7 Transferring to our Corporates team
34
I f your average maximum monthly electricity demand at a premises exceeds
100kW in the three months of highest demand during the previous 12 months,
we’re required, under industry rules, to move you to half hourly metering and
settlement. If this is the case we’ll contact you separately as we may need
to transfer you to our Corporates team, who will service and manage your
account.
ur Corporates team will contact you on or around 60 days before the end of
O
your current plan to tell you about the prices they can offer you after your end
date. If they’re unable to offer you a quote we’ll continue to supply you under
the latest version of these terms and conditions and we’ll charge you out of
contract prices while we supply your meter point(s). You can find our out of
contract prices on our website. You’ll be able to leave us at any time as long
as you comply with the conditions of section 7.3 (which includes clearing any
outstanding balance on your account).
I f this applies to your meter point(s), these terms and conditions will continue
to be in effect until a circumstance in section 7.5 or 7.6 applies.
15.8 Your other rights and the law that applies to your contract
Y our rights under the law (your statutory rights) are not affected by your
contract. Your contract is made under the laws of England and Wales for
supply in England and Wales, and by the laws of Scotland for supply in
Scotland.
15.9 Safety and emergencies
Y ou have to allow access to your premises to the network operators or any
person that we authorise, even if there isn’t an emergency.
15.10 Dealing with emergencies – for gas customers only
In a gas emergency, we or the network operator may need you to stop using
gas.
here your gas usage exceeds 732,000kWh per year, you must provide us with
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named contacts and telephone numbers to enable access 24 hours per day.
You must notify us immediately if these change.
35
Section 16
Glossary
I n these terms and conditions, our renewal offer letters and contract
confirmation letters that we send you, we use particular words and phrases to
have particular meanings. These are the meanings they take:
Advanced meter
A specific type of meter that we
can communicate with which will
record and send us your meter
reading remotely. Authorised supply capacity/ASC
The agreed maximum capacity
that a customer with half hourly
metering is authorised to take
from the local electricity network,
measured in kilovolt-amperes
(kVA).
CCL equivalent charge An amount calculated by
multiplying your total electricity
consumption in the billing period
with the current applicable CCL.
CCL exempt product A supply of energy from either
good quality CHP electricity or
renewable electricity which, in
accordance with the Finance Act
2000, Schedule 6 partially or wholly
exempts the consumer receiving
that supply from CCL.
Climate Change Levy (CCL) A tax on business electricity and
gas supplies introduced in the
Finance Act 2000.
36
Combined Heat and Power (CHP)
This is the on-site generation
of electricity where the heat
produced as part of the generation
process is also used on the site,
which makes it more energy
efficient than traditional forms of
generation.
Consumption data
The data we receive which
measures your usage over a period
of time.
Contract Except where this is a deemed
contract, the contract between you
and us is made up of:
• these terms and conditions
• t he plan, including but not
limited to any conditions
contained within the contract
confirmation letter
•
any annexes, appendices, or
documents referred to in these
terms and conditions; and
•
a ny subsequent letters
changing prices or other terms
of your contract.
Data Collector
An agent appointed to provide
data retrieval and/or data
processing services.
Deemed contract Where we supply energy to
premises without there being an
agreed contract between you and
us, that supply is taken under a
deemed contract in accordance
with legislation. Where there is
a deemed contract, the contract
between you and us is made up
of these terms and conditions and
our deemed prices as explained in
section 1.
De-energise/De-energised Where an electricity supply is
temporarily interrupted so that
electricity cannot flow from the
network to the premises, but it’s
not permanently disconnected.
Disconnect/disconnected/
disconnection The permanent removal of a
meter, cabling and service from
the property. This permanently
removes the supply.
Distribution system The network used to transport
power from the national
transmission grid to customers’
premises.
Section 16 › Glossary
Contract confirmation letter
A letter sent to a customer who
has accepted our offer of a plan,
or who has not responded to a
renewal offer letter on or before
the notice date. A contract
confirmation letter confirms the
prices and terms and conditions
that apply.
DSR payment A payment made by us to you:
•
f or the provision of emergency
steps to reduce or discontinue
the offtake of gas by a Gas
Transporter due to a Gas
Deficit Emergency; and
•
ade in accordance with
m
the Transportation Principal
Document Section Q of the
Uniform Network Code.
End Date The last date on which the
current charges and/or pricing
mechanism is applicable. The
end date is shown in the contract
confirmation letter and for fixed
price plans on bills.
Energy Electricity and/or gas, as
appropriate.
Excess capacity charge(s)
The charge incurred when you
exceed the ASC the network
operator has agreed to make
available for your meter point(s).
Fixed price plan A plan where the prices we charge
for a supply of energy are fixed
for a period of time. Prices on a
fixed price plan can still change in
certain situations - see section 9.2.
Firm Load Shedding The reduction or discontinuance of
gas at a meter point(s) as defined
in the Uniform Network Code.
Gas Deficit Emergency A network gas supply emergency
as defined in the Uniform Network
Code.
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37
Good quality CHP electricity
Qualifying CCL exempt electricity
in accordance with the Finance
Act 2000 Schedule 6 Para 20(A),
produced by CHP generation and
meeting the CHPQA criteria by the
Department for Environment Food
and Rural Affairs.
Green Deal A government scheme to allow
premises to be fitted with energy
saving improvements that are
paid for through the energy
bills for those premises. The
extra payments on the energy
bills shouldn’t be more than
the money saved by having the
improvements fitted.
Green Deal charges The repayments due to a Green
Deal provider.
Green Deal premises Premises where there are
outstanding Green Deal charges.
Green Deal provider An accredited company that
provides the assessment, finance
and/or installation of a Green Deal.
Half hourly metering/half hourly
meter A meter and associated
equipment that measures
electricity consumption every
half hour and sends the data
electronically to your supplier.
Letter of authority A signed letter on your business’
headed notepaper, or a verbal
recording by an authorised party
which grants authority for a third
party intermediary to act on your
behalf in relation to this contract
and/or your energy supply.
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Levy exemption certificate A certificate issued by Ofgem
as evidence that electricity was
produced from a qualifying
good quality CHP electricity or
renewable electricity source and
therefore is not liable for CCL.
Material breach(es)/materially
breach
A breach serious enough to
destroy the value of the contract
and give basis for an action for
breach of contract.
Meter reading A measurement, in units of energy,
recorded on a meter used to
calculate consumption over time.
Meter point(s) The point at which energy is
metered prior to supply to your
premises and at which ownership
and risk in that energy passes to
you. There may be more than one
meter point(s) at each premises.
Metering Agent(s)
An agent appointed by us,
including an agent appointed by
us on your instruction, to provide,
install, maintain or administer the
metering equipment, provide data
retrieval and/or data processing
services or to carry out the
aggregation of metering data.
Micro business A type of small and medium
enterprise which:
•
employs fewer than 10
employees (or their full time
equivalent) and has an annual
turnover or balance sheet of
less than €2,000,000; or
•
uses no more than 100,000kWh
of electricity a year across all
its sites; or
• u
ses no more than 293,000kWh
of gas a year across all its sites.
Network operator The network operator(s) are the
companies which manage the
electricity and/or gas distribution
systems that supply your premises
from the grid.
Notice date The date by which you have to
tell us that you want to switch
supplier at the end of your fixed
price plan and avoid being moved
to a variable price plan or being
charged at our out of contract
prices. To find the notice date, go
to the ‘your plan’ section of the
contract confirmation letter of
your current plan, or for fixed price
plans your bill.
Ofgem The UK energy regulator,
established by legislation. For more information go to ofgem.gov.uk
Out of contract prices The prices we charge after a plan
has been ended by you or us and
no new plan is agreed. These prices
are typically higher than our plan
prices. These terms and conditions
will continue to apply.
Outstanding balance Where:
• t he method of payment is pay
on receipt of a bill and the
balance on the account has
been overdue for more than 14
days after we sent you a bill; or
has been set up to pay for
energy, and;
- the debit balance on the
account is more than one
month’s Direct Debit payment;
or
- there has been an unpaid
Direct Debit in the last three
months and there is a debit
balance on the account.
Plan Either a fixed price plan or a
variable price plan and is our
statement of charges and special
conditions applicable to the supply
of energy to your premises as
shown in the ‘your plan’ section of
the contract confirmation letter.
Premises The location or locations which
you are responsible for where we
supply the services.
Prepayment meter A meter which requires payment
before supply can be taken. This
includes prepayment meters, PayAs-You-Go (PAYG) meters and smart
meters in the PAYG setting.
Qualified
For electricity as defined in the
Balancing and Settlement Code,
and in respect of Meter Operators,
also being a signatory to the
Meter Operation Code of Practice
Agreement. For gas, registered and
approved under the Ofgem Meter
Asset Manager’s Registration
Scheme, details of which can be
found on Ofgems website.
• a fixed monthly Direct Debit
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39
Reactive power charge(s)
The charge levied by the network
operator when a premises
uses a significant amount of
unproductive power.
Registered supplier The supplier registered as the
official supplier of energy to the
premises. For electricity the details
are held with the Meter Point
Administration Service (MPAS),
for gas the details are held with
Xoserve.
Renewable electricity Qualifying CCL-exempt electricity
in accordance with the Finance
Act Schedule 6 Para 19, produced
from renewable sources as listed
in Regulation 47 of the Climate
Change Levy (General) Regulations
2001.
Renewal offer letter We’ll send you a renewal offer
letter to propose pricing and other
commercial terms and conditions
to you after the end date of your
fixed price plan, and the plan or
prices that will apply if no new
plan is agreed.
Responsible For a tenant or occupier, you’re
responsible for premises from the
start date of your lease – or the
date you occupied the premises
if this is earlier. For a landlord
or owner, you’re responsible for
premises when there is no tenant
or occupier responsible, including
when the premises are vacant or a
tenant has just moved out.
40
Security deposit A sum of money paid to us, which
forms part of your commercial
terms. Security deposits are paid
back when you leave us or after
a set period of time when certain
conditions have been satisfied.
Service/services The supply of energy (gas and/
or electricity) and other related
services, such as smart metering
or us routing electricity you
generate to the National Grid.
Small and medium enterprise
(SME) A customer who typically has less
than 20 sites and uses less than 1
GWh of electricity and/or less than
1.5 GWh of gas each year.
Smart meter/smart metering Smart metering is a service – using
specialist equipment installed
onsite – through which we can
take reads and consumption data
from your meter remotely without
visiting your premises and, in
many cases, switch your energy
supply on or off remotely.
Start date The day on which the supply
of energy to your premises is
proposed to commence specific to
a plan you agree with us.
Third party intermediary (TPI) An energy broker or energy
consultant who provides price
comparison, energy contract
advice and in some instances
utility management to businesses.
In most instances, charges
for services provided to you
by third party intermediaries
will be included in your energy
rates. Speak to your third party
intermediary for more details,
where applicable.
Uniform network code The code of that title and all
related documents comprising a
set of rules to which gas market
participants are required to
conform, which can be found on
the Joint Office of Gas Transporters
website.
Variable price plan A variable electricity plan or a
variable gas plan. The prices we
charge for supply of energy on
a variable price plan may go up
or down. We may change them
at any time. A variable price plan
doesn’t have an end date; 30 days’
notice is required to end the plan.
Working days Any day except Saturdays, Sundays
and public holidays in England and
Wales.
Write/writing/written
Includes electronic communication
where this has been consented to
or where we’re responding to an
email from you.
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E.ON Energy Solutions Limited. Registered office: Westwood Way, Westwood Business Park, Coventry CV4 8LG.
Registered in England and Wales No. 3407430.
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V21CH E2815/01/16
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