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Utilita - Terms and Conditions (version 2.3)

These are Utilita’s terms and conditions for the provision of Services, either utility services (any or all of a gas supply service, electricity supply service and telecommunications service), and/or other associated services (for example boiler maintenance or energy conservation services) at premises in Great Britain. The contract is between you (the customer) and the relevant part of the Utilita Group (Utilita Gas Limited and/or Utilita Electricity Limited, and/or Utilita Telecom Limited and/or Utilita Services Limited). The contract consists of these terms and conditions, your Price Plan, the details contained in your Application, and any Promotional Offer (e.g. special discount, free gifts or entry into a reward points scheme) provided to you when you made your Application.

Please read these terms and conditions carefully to ensure you fully understand your commitment and our obligations. Reference to “energy” means gas or electricity, or both depending on the options you have chosen. Reference to “utility”, or “supply” means any of gas, electricity or telecommunications utility supply. Each contract will run from the date that you signed an Application form, submitted your Application over the internet, or made an Application on the telephone. Supply will commence on the Start Date notified to you for each Service we supply to you.

1 OUR OBLIGATIONS TO EACH OTHER
1.1 We agree to supply the Services that you have chosen at the premises you have specified.
1.2 You agree that you are the owner or an occupier of the premises (or will be on the date you require the services to start) and have authority to change the supplier of the Services at the premises.
1.3 You agree that the premises are currently connected to mains gas and electricity and the telephone network for the relevant Service, or that they will be when the Service is due to start.
1.4 You agree that you are responsible for all pipes, fittings, plant, wires and cables, equipment, and apparatus used in connection with the supply on your side of any meter or main telephone junction box and will maintain them in good working order and safe condition at all times.
1.5 We do not guarantee the supply of a utility Service to your premises. Our supply of a utility Service will be delivered to your premises by the local gas network operator and/or the local electricity network operator and/or the local telephone network operator (each referred to as a relevant network operator). Neither does this contract give you a legal right to have electricity delivered. Your separate connection agreement with your local electricity distribution network operator (see clause 11 below) gives you that right, and automatically takes effect from the date of this contract. No such agreement is required in the case of gas or telecommunications.
1.6 You agree to pay any of our charges due under clauses 4 to 6 below, and you agree to indemnify us for any loss or damage to any utility metering equipment or component thereof including removal or replacement costs.
1.7 We both agree to abide by the rules of any Utilita Promotional Offer that may be in place at the time of entering into the contract.
1.8 We may prevent the transfer of a utility Service to another utility company in accordance with industry practice, for example during the Initial Period, or if you owe us money.
1.9 For some of the associated services we provide there may be additional terms and conditions applicable.

2 START OF SUPPLY AND DURATION
2.1 It is your responsibility to ensure that you have the appropriate meter for the type of utility Service and Price Plan that you have chosen on your Application.
2.2 Before we can make a supply of energy, you must provide us with a meter reading, or permit us or any other person on our behalf, safe access to the supply address to obtain a meter reading.
2.3 We shall let you know in advance of the date when we shall start the supply, which will be the latest of:
2.3.1 A date which we have agreed between us;
2.3.2 The earliest date when we can register you as our customer;
2.3.3 In cases where a meter or junction box must be connected before supply can start, when the meter or junction box is actually connected;
2.4 If your previous gas electricity or telecommunications supplier objects to our registration of your supply point either because you owe them money, or because your supply agreement with them has neither expired nor been terminated, or for any other reason, this contract shall remain in force and we will continue to pursue the registration of the supply points in accordance with the original intent of the contract to the extent that this is possible. If for any reason it is impossible to register the requested utility, for example because it does not exist at the premises requested or if the previous supplier does not release the supply point for a period of over 3 months, we will notify you and our obligations will cease.
2.5 The Initial Period of any Services will be as stated on the Application and will start on the earliest of the Start Dates for the Services. At the end of the Initial Period you can terminate the contract at any time provided you give us 28 days notice.

3 ACCESS TO PREMISES AND METERS
3.1 You agree to allow the relevant network operator and any other agent appointed by Utilita to have safe, full, and free access to your premises:
3.1.1 At any time if there may be danger to life or property, or if powers in relation to the delivery or supply of the utility are being exercised under an Act of Parliament or any regulation made under it;
3.1.2 At all reasonable times for the purpose of installing, maintaining, or replacing any pipes, fittings, plant, wires and cables, equipment, or apparatus owned or operated by either of them in connection with the delivery of the Service;
3.1.3 At all reasonable times for the purpose of installing, maintaining, testing, removing or reading any utility meter or utility metering equipment that is used to enable us to perform our obligations under this contract.
3.2 If you have a Smart Meter installed then the Smart Meter Supplemental Agreement will apply.

4 PRICES AND PRICE CHANGES
4.1 The price and payment method you have chosen, which comprise your Price Plan (as stated on your Application), each forms a part of these contract conditions. So, for example, should you cancel a direct debit mandate that is required by the Price Plan, you will be in breach of this contract.
4.2 We will be allowed under the terms of this contract to change the price we charge you in accordance with the Price Plan you have chosen.
4.3 In addition we may change the price at any time after the end of the Initial Period. If we decide to reduce our price, we shall publicise this change (for example, in a newspaper). If we decide to increase our price, we will tell you in writing. If you do not wish to accept this increase, you must write and tell us within 14 days of us telling you of the change. If you do that, then this contract will end 28 days after you have told us and the increase will not be applied to your final bill.
4.4 There may be times during the Initial Period when we need to vary the price we charge you other than in the circumstances described in clause 4.2 above. We would need to do so where we have to comply with any relevant event or factor which has the effect of materially changing our business costs in a manner that is beyond our reasonable control. Examples would be a relevant change in the law, or any relevant government or regulatory instruction or obligation, a change in the price of a regulated network service, or the imposition or variation of any tax or duty. If this happens we will publicise the change and give the reason.
4.5 If you ask for any service other than that provided as the standard service by the relevant network operator, or cause them or us to incur costs beyond those that they or we would normally incur in carrying out our obligations to you, we reserve the right to charge you accordingly. This includes any changes to metering equipment pursuant to clause 5.5 below. If your house is connected to the main network by an independently operated network then the IGT Fee as specified on your Price Plan will apply.
4.6 If you request a tariff (a set of prices relating to a utility Service) that is inconsistent with the metering configuration at the premises, we reserve the right to charge on a basis that is consistent with the metering configuration.
4.7 If your method of payment is changed under this contract, the price we charge you may have to change to reflect this. Also, if the change in your payment method requires any utility meter or associated equipment to be changed, there may be a charge to cover this.

5 BILLING AND PAYMENT
5.1 We will send you a bill or statement (which will show you a breakdown of our charges) at least once per year. You may request statements at other times, and we will endeavour to provide them however we reserve the right to charge for these statements.
5.2 Our bill or statement may be based on a reasonable estimate of your utility consumption. This will be calculated from information we have about your use of the Services. You must pay the estimated amount; any under or over estimate will be corrected automatically the next time you pay a bill based on an actual meter reading. If you are unhappy with an estimated bill, you should tell us as soon as you can and provide us with a more recent accurate meter reading if at all possible. 5.3 You agree to pay each bill in full (even if estimated) using the payment method set out in the Price Plan. Your bill should be paid within the specified payment period or in accordance with the budget payment scheme as appropriate. If you do not pay in the agreed manner, your right to continue taking Services from us under your chosen option may end. We reserve the rights to apply credits on one account to debits on another.
5.4 If you are having difficulties in paying, we will try to help you, in line with our codes of practice on the payment of utility bills, but we can only do this if you contact us to let us know.
5.5 If you do not pay our bills in the manner agreed, we are entitled to ask you to pay by some other method, in which case there may be a price increase (see clause 4.7 above). Depending on your payment record, the other method of paying may require the fitting of a prepayment meter to collect payment from you before the supply is used. For each such event we reserve the right to charge the Payment Administration Fee specified on your Price Plan.
5.6 We reserve the right to charge you for late payment. Should it become necessary, this will be at an annual rate of 4 per cent above the base-lending rate from a high street bank in England, as we shall nominate from time to time. For each such event we reserve the right to charge the Payment Administration Fee specified on your Price Plan.
5.7 We reserve the right to recover reasonable expenses incurred in recovering monies owing and unpaid, including costs associated with disconnection or replacement of a meter in those circumstances. For each such event we reserve the right to charge the Payment Administration Fee specified on your Price Plan.
5.8 Where you terminate a service earlier than the Initial Period specified on your Price Plan we reserve the right to recover any Meter Installation Fee specified on your Price Plan.

6 SECURITY FOR PAYMENT
6.1 In some circumstances we may ask you to pay a security deposit. This may be either at the start of this contract, if we are concerned about your ability to pay our bills, or later if the bills we send you are not paid in accordance with clause 5.3 above.
6.2 To the extent that the security deposit relates to energy:
6.2.1 Unless it is reasonable for us to keep a deposit for a longer period, we will repay it to you after a year, with interest at a rate set by OFGEM (the Office of Gas and Electricity Markets). This repayment will be made within 14 days if, during the previous full year, you have paid all our bills on time or within the manner of your Price Plan, or within a month, if the arrangements for us to supply you with energy Services under this contract are ended and you have paid all our charges. When we repay a deposit, we are allowed to deduct from it any money that you owe us for the supply;
6.2.2 If we ask you to pay a deposit and you disagree with our request, or with the amount involved, you can ask to have the dispute settled by OFGEM.

7 OUR RIGHTS TO STOP SUPPLYING YOU
7.1 We will be entitled to discontinue, restrict or cut off a Service to your premises in any of the following circumstances:
7.1.1 You do not pay your bills (or any security deposit we have asked for in accordance with section 6) and in respect of energy Services it is not safe or practicable to fit a prepayment meter to collect the debt and future charges;
7.1.2 You do not carry out any of your other obligations under this contract;
7.1.3 We are required to cut off your supply under any of the utility industry arrangements under which we operate.
7.1.4 There is a risk of danger to the public if we continue to supply.
7.1.5 You commit a serious breach of our arrangements with you under this contract (for example, if we reasonably believe that you have stolen a utility Service or deliberately interfered with an utility meter or with any part of the utility metering equipment);
7.1.6 In any circumstances permitted by any statute, regulation, code of practice or any supply licence, but in all such cases subject to any obligation we may have arising from our supply licence or by law.
7.2 In circumstances where we are entitled to discontinue the supply, you must allow us or any duly authorised person on our behalf, free and uninterrupted access to the supply address, the meter and all metering equipment at any reasonable time to disconnect the supply..
7.3 Our rights under this section 7, and your obligations to pay, will continue even after the agreement has expired or been terminated until a new supplier is registered for the premises.

8 RIGHTS TO END THIS CONTRACT
8.1 You can end this contract by giving us notice in any of the following ways:
8.1.1 By telling us in writing within 7 days from the date of this contract (which will then end immediately), if you entered into it as a result of one of our representatives visiting you at home, or telephoning you there, without being invited to do so by you;
8.1.2 By telling us in writing within 14 days from being told of any proposed price increase (other than in accordance with clause 4 above) or other significant disadvantageous change to this contract (which will then end 28 days after you have told us);
8.1.3 By telling us in writing, or by telephone, at least two working days (or, if you are taking only gas under this contract, at least 48 hours) before you want this contract to end, if you are permanently leaving the premises being supplied;
8.1.4 By telling us in writing during the Initial Period within the period specified in your annual review statement (which will then end the contract 28 days later);
8.1.5 By telling us in writing, at any other time after the end of the Initial Period, at least 28 days before you want this contract to end.
8.2 Written notice to us must be made to the address on your Application or to another address that we have told you to send such notices to.
8.3 If you do not give us any proper notice under clause 8.1 above, this contract will remain in force and you will continue to be liable for all charges arising under it until the contract does end. (If you have permanently left the premises, this will usually be when a new owner or occupier becomes responsible for the supply, or when the next actual meter reading is taken — whichever happens first.)
8.4 When we have had notice from you under clause 8.1 above, we shall prepare a final bill or statement for you. We may need to get a final meter reading for this.
8.5 When this contract has ended, you should pay our final bill within 14 days of the date on it. We may ask you to pay any reasonable additional administration charges we incur if you do not do so.
8.6 We can end our arrangements under this contract with you by giving you not less than three months’ notice in writing, except where we are acting under clause 8.7 below.
8.7 We can terminate this agreement immediately if:
8.7.1 You are no longer the owner or occupier of the premises;
8.7.2 OFGEM or OFCOM directs another supplier to supply your premises;
8.7.3 We have stopped supply of all Services in accordance with clause 7.
8.8 Both you and we can end this contract immediately if we are no longer licensed to supply Services at your premises.

9 TRANSFER OF CHARGES AND COST RECOVERY
9.1 If we are the new supplier at your premises and you have not paid the charges on your final bill from your previous supplier, then in certain circumstances some or all of those charges may be transferred to us to collect. Your previous supplier will tell you in writing if this is to happen, and we are then entitled to collect those amounts from you and also our reasonable costs of doing so.
9.2 Where this contract has ended and your supply has been transferred to another supplier, we are allowed in certain circumstances to transfer some or all of the charges on our final bill to your new supplier to collect for us. We will tell you in writing if we decide to do this, and your new supplier is then entitled to collect those amounts from you and also the reasonable costs of doing so.
9.3 Where this contract is ended, and your supply is transferred to a new supplier, before the expiry of the Initial Period, we have the right to recover any costs reasonably incurred in the provision of any associated Services for which you have not been charged. You will also lose any rights to potential benefits under your Price Plan or Promotional Offer.

10 LIMITATION OF LIABILITY
10.1 If we cannot supply you with a utility Service at your premises for some reason that is beyond our reasonable control (for example because of a failure in the local or national network), you will not be able to claim that we have broken our arrangements with you under this contract.
10.2 If either you or we break any of the arrangements under this contract, neither you nor we will be responsible for any loss that the other suffers, either directly or indirectly, including, consequential, economic, or financial loss (including loss of revenue, profit, or opportunity, wasted expense, or loss of contract or goodwill) except where compensation for such loss can be recovered under the general law in relation to death or personal injury.

11 STANDARD TERMS OF CONNECTION FOR THE SUPPLY OF ELECTRICITY ONLY
11.1 Your local electricity distribution network operator has appointed us as an agent to obtain an agreement with you on standard terms of connection. We cannot start to supply you with electricity, if that is what we are agreeing to do, until that agreement is in force. You agree that, in entering into this contract with us, you are also entering into standard connection agreement with your local electricity distribution network operator, the terms of which we have brought to your attention (see below, “Standard Connection Agreement”).

12 OTHER CONDITIONS WHICH APPLY
12.1 We may transfer all or part of this contract to another licensed utility supplier. Any such transfer would be publicised.
12.2 Your rights and duties under this contract are personal to you, and you are not entitled to transfer the benefit or burden of it to another person without our written consent.
12.3 These standard conditions and the payment method, payment rate, and any other particular conditions set out in this contract are intended to regulate the rights and obligations between us. It is our policy not to make or accept changes or additions to the conditions as printed. However, our conditions reflect obligations imposed upon us by our licenses to supply utility Services. You agree that we may change this contract to the extent necessary to reflect any relevant changes made by the government, OFGEM or OFCOM to those licenses. We shall publicise any such changes as soon as we can.
12.4 We may stop or restrict the supply of a utility Service to your premises as a result of an Act of Parliament or any regulation made under it, and while that law is in force you will refrain from using the Service, or will restrict your use of the Service, in accordance with our instructions.
12.5 Nothing in this agreement affects any statutory rights you may have under law.
12.6 If any provision of the agreement is declared to be invalid or unenforceable by any competent authority, such finding will not affect the validity of the remaining provisions of the agreement.
12.7 The courts of England, Wales and Scotland who shall have exclusive jurisdiction govern this contract.

13 SAFETY AND EMERGENCIES
13.1 If you become aware of any escape or suspected escape of gas or any other gas emergency, you must immediately notify your gas network operator’s emergency services free of charge on 0800 111 999 or us.
13.2 You must not at any time use or permit any use of gas supplied under this contract in or as part of any dangerous process, or otherwise in a way likely to create any risk to the health and safety of any person or risk of damage to any property (other than where such risk is inherent in normal use of gas). You agree to use the gas supply so as not to interfere with the efficient supply of gas to other customers.
13.3 If you are aware or are concerned about anything relating to the supply or distribution of electricity to you which you think may cause danger or require urgent attention or may affect the security availability and quality of service of the system through which you receive the supply please contact either your local distribution company or our enquiry service.

14 DISCLOSURE OF INFORMATION
14.1 Information you provide or we hold (whether or not under the agreement) may be used by us, our employees and/or agents or given to and used by other companies in our group to:
14.1.1 Identify you when you make enquires;
14.1.2 Help administer any accounts, services and products provided by our group now or in the future;
14.1.3 Help us detect fraud or loss and to make credit checks;
14.1.4 Keep you informed about other services and products offered by our group and selected third parties (to whom no data will be disclosed). If you prefer not to receive such information please tell us when you make your Application or write to us stating that you do not wish to receive such information.

15 SPECIAL NEEDS
15.1 If you have special needs in relation to how you use a Utility Service then you must let us know. Energywatch is an independent body who can advise you on what is available to meet your circumstances. They can be contacted on 0845 906 0708.

16 WORDS AND PHRASES
16.1 Words and phrases used in this contract have these meanings:
“we“ and “us” and ‘our” in each case refers (regardless of any wording to the contrary) to subsidiaries of Utilita Group Limited and includes any employees, officers, or agents of those companies acting for the purpose of this contract.
“you” and “your” refers to the person or persons named on the Application and/or any other persons notified by you to us from time to time and accepted by us.
“energy” means gas and/or electricity.
“premises’ includes any part of any land or building or structure supplied under this contract at which the supply is used wholly or mainly for domestic purposes.
OFGEM (Office of Gas and Electricity Markets), an organization formed by Parliament to protect the interests of utility customers.
“Supply” and “supplied” in each case refers to the supply of a utility service under this contract (but not otherwise) and may include the provision of services required or undertaken in respect of such supply.
“Smart Meter” means a meter that has the capability to be remotely read or managed, and/or provides you with consumption and other information, and may have a separate keypad or display.
For the purposes of this contract, ‘supply point’ means the point at which the flow of the utility service to the supply address is metered.

STANDARD CONNECTION AGREEMENT
STANDARD TERMS OF CONNECTION

The electricity you receive from your electricity supplier will be delivered, using the distribution network run by your local network operator. To receive a supply of electricity you require both:
· A connection agreement with your local network operator to maintain the connection of your premises to the network; and
· A supply contract with your electricity supplier.

Your electricity supplier has been appointed as the agent of your local network operator to obtain a connection agreement with you on these standard terms. When you enter into your electricity supply contract, you are also entering into this connection agreement with your local network operator.

1 INTERPRETATION
In this agreement the terms “we”, “our” and “local network operator” mean, for each connection to a network through which you are supplied under your electricity supply contract, the electricity distributor which owns or operates that network. “authority” means the Gas and Electricity Markets Authority (otherwise known as Ofgem).

2 EXISTING TERMS
Any existing terms applying to your connection to our network (except for another standard connection agreement) will apply instead of this agreement to the extent that they are inconsistent with this agreement.

3 DURATION OF THIS CONNECTION AGREEMENT
This agreement takes effect from the time that your electricity supply contract takes effect and will continue (even if your electricity supply contract ends) until it ends under Clause 11 below).

4 CONNECTION TO OUR NETWORK
Your premises will remain connected to our network in accordance with the provisions of the Electricity Act 1989, any other legal requirements that apply from time to time, and the terms of this agreement.

5 NETWORK CONSTRAINTS
Our obligations under this agreement are subject to the maximum capacity and any other design feature of your connection. In accordance with existing legal rules, you must contact us in advance if your propose to make any significant change to your connection, electric lines or electrical equipment, install or operate generating equipment or do anything else that could affect our network or require alterations to your connection.

6 DELIVERY OF ELECTRICITY
We do not guarantee that we will deliver electricity through our network at all times or that electricity delivered through our network will be free of brief variations in voltage or frequency.

7 CUTTING OFF YOUR SUPPLY
We may cut off the supply of electricity to your connection where we are entitled to do so under the general law. We may also cut off your supply of electricity where we are required to do so under your electricity supply contract or the electricity industry arrangements under which we operate.

8 IF SOMETHING GOES WRONG
If we fail to comply with any term of this agreement, or are negligent, you may be entitled under the general law to recover compensation from us for any loss you have suffered. However we will not be required to compensate you for loss caused by anything beyond our reasonable control, or for any indirect, consequential, economic or financial loss (including losses of revenue, profit or opportunity wasted expenses or loss of contract or goodwill) other than where you are entitled to recover compensation for such loss under the general law in relation to death or personal injury.

9 BUSINESS CUSTOMERS
If the electricity supplied to your premises is used wholly or mainly for business purposes, each of us will only be liable to the other in accordance with the limitations in Clause 8 and up to a maximum of £100,000 per calendar year.

10 CHANGING THIS CONNECTION AGREEMENT
The terms of this connection agreement will be changed automatically to incorporate any changes which are approved by the Authority. Any change which is approved will be announced in at least three national daily newspapers and will take effect from the date stated in those announcements, Either of us may ask the other to accept a change to any part of this agreement at any time if either believes the change is needed because if the nature of your connection or because this agreement is no longer appropriate. (It is unlikely that we will propose any changes unless your connection is at high voltage, you have generating equipment or there are other special features.) If a change is proposed under this clause, and cannot be agreed between us within 28 days, either of us may ask the Authority to decide whether or not the change should be made.

11 ENDING THE CONNECTION AGREEMENT
This agreement will end in relation to a connection when one of the following occurs:
· you permanently stop having electricity delivered through that connection;
· you no longer either own or occupy the premises at which that connection is situated; or
· • any circumstances arise which legally entitle us to cut off your electricity supply to that connection and we write to you advising you that this agreement is ended.
The ending of this agreement will not affect any rights, remedies or obligations which may have come into being under this agreement and Clauses 8 and 9 will continue to apply to these rights, remedies and obligations.

12 TRANSFERRING THIS CONNECTION AGREEMENT
You are not entitled to transfer this agreement to another person without our consent.

13 PROVIDING INFORMATION
You must provide us with any information we request in relation to the nature, or use by you, of electrical equipment on your premises. We will only ask for information that we need in relation to this agreement or the Distribution Code that applies under our Electricity Distribution Licence.

14 SUPPLY CHARACTERISTICS
The electricity delivered to your premises through the network will normally be at one of the voltages stated below and will have the frequency, number of phases and margins of variation association with it:
· Connection voltage and permitted variations: at 400/230, 460/230 and 230 volts, plus 10% or minus 6%
· Number of phases of supply; at 400/230 volts, three; at 460/230 volts and 230 volts, one; and
· Frequency of supply and permitted variations; at all voltage levels, 50 hertz, plus or minus 1%

SMART METER SUPPLEMENTAL AGREEMENT
When we install a Smart Meter you accept that we have incurred additional costs above and beyond that which we would normally incur in supplying services to customers. We need to ensure that you do not remove, damage or cause to be removed or damaged, any such metering equipment including any communications equipment or keypad or display.

If you do terminate a service you have the right to keep your Smart Meter and to request your new service provider to use it. However we will still require payment for its continued use in order that you continue to have the benefits it provides.

Where you do terminate the contract within the Initial Period, including where you initially take more than one service and then terminate only one service, we reserve the right to charge you the Meter Installation Fee and/or the Single Fuel Surcharge as specified on your Price Plan.

Where we have to replace equipment we will charge you in accordance with the schedule of prices as published by us from time to time.