Bristol Energy – Domestic General Terms And Conditions
|Summary – Principal terms|
|Meanings and Explanations|
The legal stuff – Bristol Energy and You
Thank you for choosing Bristol Energy as your new energy provider. Terms and Conditions may seem like boring legal stuff, but there’s lots of important information we have to tell you about.
We understand that it takes some time to read every word, so we have provided a handy summary. Even if you decide not to read the full Terms and Conditions, by accepting our services, you are telling us that you agree to these terms.
The summary provides a general overview of some of the key terms contained in the Terms and Conditions. They are not a substitute for what the Terms and Conditions say, and if there is a clash between the Terms and Conditions and the summary, then what the Terms and Conditions say is right. If any words start with a capital letter, it means that they are defined in the Terms and Conditions.
We’ve worked hard to ensure that everything is clear, but if you have any questions or concerns please contact us.
If you would like us to send you the Terms and Conditionsin large print, on disk, or in Braille, please call us free on 0808 281 2222 or you can email a request to [email protected]
Please read these Terms and Conditions and keep them safe for future reference. The Terms and Conditions, together with your Welcome Letter, form Our Contract with You.
When You sign up to Bristol Energy as a new Customer, You have a fourteen day Cooling-Off Period from the date on which You signed up (the date on your Welcome Letter), during which You may cancel the contract at any time.
Where Deemed Contract terms apply (where You have not entered into an express Contract with Us, but we already supply the Property), You can leave at any time with no penalty.
Where You have entered into any other type of Contract with Us, the contract will continue until You change supplier or the Contract ends for any reason.
There is no Exit Fee if You decide to change to another supplier.
If You are moving into a Property already supplied by Bristol Energy, please contact Our customer care team to provide your details and a meter reading.
If You are moving home please contact Our customer care team two Working Days before the day You move. We will ask you to provide a final meter reading on the day you leave. If You do this your Contract with Us will end on the date You move out and we can produce your final bill. You can also sign up to Bristol Energy for your new Property, if You wish to continue being Our Customer.
You may end this Contract by changing supplier. The Contract will end once a new supplier has started Supplying Energy to the Property.
You may also end this Contract by requesting that the Supply is disconnected, in which case the Contract will end when the Supply is disconnected.
Changes to the contract
If we need to make any changes to the Contract that could disadvantage You in any way, we will inform You of these at least 30 days in advance to the changes taking effect. You will have the opportunity to change to another supplier before the contract changes take effect.
Our charges for the supply of gas and/or electricity are specified in the Welcome Letter, which forms part of the Contract accepted by You. The price You pay for your Energy is made up of a Unit Rate and a Standing Charge and these are set out in your Energy Plan within the Welcome Letter. The single Unit Rate shows the charge for the amount of gas or electricity that You use. If You are on a time of use tariff, then the price You pay for your Energy is based on time of use rates. The single Standing Charge is a fixed amount per day for Us to make gas and/or electricity available to your Property.
We will notify You at least 30 days in advance of any increase in Our Charges for the supply of gas and/or electricity. You will have the opportunity to change to another supplier before the price increase takes effect.
We may perform a standard credit check before agreeing to supply You with gas and/or electricity to your property.
We may at Our discretion ask You to pay a Security Deposit. If we do this, You must pay the Security Deposit by the date we specify. We will give You a reasonable time to pay Us. The Security Deposit will be returned to You at the end of six months if You do not miss any payments when they are due. If You miss any payments while the Security Deposit is held by Us, we may at Our discretion use this to pay towards any debt and request a further Security Deposit.
We may not be able to communicate with some early smart meters, so please provide details of the meter to us to check whether we are able to do so. If we can communicate with your Smart Meter, then we will collect daily reads unless you inform us that you only wish to have a monthly read taken. We will not collect half-hourly data from your meter without your explicit consent for Us to do so.
You have the option of paying for your Energy through a Prepayment Meter combined with a Prepayment Tariff if You wish to do so. In all cases, a Prepayment Meter will only be fitted if it is safe and reasonably practicable to do so. If You pay Our Charges through a Prepayment Meter, we may at Our discretion require You to pay additional charges in certain circumstances.
Here are the meanings and explanation of the words that are capitalised in this document:
Our Customer - You is the person who is named as ‘The Customer’ on the ‘your Contract’ document.
Agent – Any person appointed by You or Us to read, provide and/or maintain metering equipment or as a Meter operator, data collector, data aggregator, Meter asset provider or Meter asset manager.
Bristol Energy - the trading name of Bristol Energy Limited. Related expressions like Us or Our should be read accordingly. Our registered offices are at Bristol Energy Limited, 100 Temple Street, Bristol BS1 6AG.
Charges – All charges, including payment for the Energy supplied by Us to You and third party charges, such as Meter operator charges, any charges payable under a Deemed Contract and any applicable taxes and levies reasonably attributable to You.
Contract – These Terms and Conditions and the Welcome Letter sent to You when the Contract is agreed between You and Us.
Cooling-Off Period – The period during which You may cancel the Contract, i.e. 14 calendar days from the date the Contract was agreed between You and Us.
Deemed Contract – A Contract which is formed between You and Us where: i) You own or occupy the Property, ii) we supply Energy to the Property, and iii) we do not have a Contract with any other person for the supply of Energy to the Property.
Domestic Customer – A customer who we Supply at a Property where that Supply is used completely or mainly for domestic purposes.
End of Fixed Term Notice (or the Renewal Statement) – The letter we will send You shortly before the Fixed Term Period of a Fixed Term Tariff is due to end explaining the options available to You.
Energy – The electricity or gas (or both) Supplied to the Property under your Contract with Us.
Exit Fee – A fee some energy companies charge if you leave a Fixed Term Tariff before the end date. Bristol Energy does not charge an Exit Fee.
Fixed Direct Debit – The amount of each Direct Debit payment will be the appropriate fixed amount which has been determined by Us with reference to i) the applicable tariff and ii) either historic or estimated likely consumption.
Fixed Term Period – The duration of the Fixed Term Tariff.
Fixed Term Tariff – A tariff where the Charges are fixed for the Fixed Term Period.
Gas Transporter – A company licensed by Ofgem to deliver gas through pipes to the Property and operate the gas distribution network for your area.
Green Deal Arrangements Agreement – The Green Deal Arrangements Agreement dated 1 October 2012 (as amended and updated from time to time) which establishes a mechanism for the collection of Green Deal Charges.
Meter – A meter and equipment for measuring and providing information in relation to the Energy Supplied at the Property.
Network Operator – A company licenced by Ofgem to deliver electricity through its electricity distribution network to the Property and operate this network for your area.
Ofgem – The Office of Gas and Electricity Markets, which regulates the gas and electricity markets in Great Britain.
Prepayment Meter (also known as Pay-as-You-go Meter) – A type of Meter which allows You to pay Our Charges in advance for the Energy we Supply to the Property. We may at Our discretion also require installation of a Prepayment Meter at the Property for the purposes of repaying a debt owed by You to Us for the Supply of Energy to the Property, or where we have requested that You pay a Security Deposit and You have declined Our request.
Property – The address at which You have requested Us to Supply You with Energy.
Security Deposit – An amount of money You must pay to Us as security for Us to Supply Energy to the Property, should we request this, unless You tell Us that You would prefer to pay for Energy that we Supply to the Property through a Prepayment Meter instead.
Smart Meter – A Meter we can use to measure how much Energy You are using without having to visit the Property to read the Meter.
Standard Variable Tariff – A tariff which continues until You switch to another tariff or supplier, and where we reserve the right to change the Charges after giving You the required prior notice.
Standing Charge – A daily Charge to keep a Property Supplied with electricity and/or gas, payable whether or not the Property is occupied.
Statement of Renewal Terms – This will be sent to You between 42 and 49 days before the end of your Fixed Term Period and will include information about your new prices in relation to Our Standard Variable Tariff following the end of the Fixed Term Tariff and options to switch to a different Tariff or a new supplier.
Supply – Providing at the Property a supply of Energy (Supply, Supplying and Supplied will also apply).
Terms and Conditions – These domestic general Terms and Conditions.
Unit Rate – The Charge to You for Energy that You consume in pence per kilowatt hour (kWh).
Us - Bristol Energy
Variable Direct Debit – You will pay for the actual amount of energy You use over each billing period. This means that You will pay more in winter when your energy usage is higher and less in summer.
Welcome Letter – The letter we will send You to confirm the Terms and Conditions of the Contract which are not set out in these Terms and Conditions, e.g. the Charges payable for your Energy supply and explaining your rights to cancel this Contract in the Cooling Off Period.
Working Day – Any day other than a Saturday, Sunday or a public holiday in England and Wales.
1. This Contract
1.1 This Contract is between Bristol Energy Limited (Registered in England and Wales No.09135084). Registered Office: 100 Temple Street, Bristol BS1 6AG and You as a Domestic Customer for the Supply of Energy to the Property. The Contract is formed by these Terms and Conditions together with the Welcome Letter.
1.2 Most of the Terms and Conditions set out below apply to all Domestic Customers but some of them are different where You are a Domestic Customer who is Supplied by Us under a Deemed Contract. Those Terms and Conditions that only apply to customers Supplied under a Deemed Contract are set out in Clause 2 – Deemed Contract Terms of these Terms and Conditions.
1.3 You confirm that You are (or will be by the Supply start date), the owner or occupier of the Property and are responsible for the payment of Charges for the Supply of Energy to the Property. You also confirm that the Property is connected to mains electricity or gas (or both), or will be by the Supply start date when we begin to Supply Energy to You, and that You are aged 18 or over (or if the Property is in Scotland, that You are aged 16 or over).
1.4 We agree to Supply You with Energy for domestic purposes at the Property for the period of the Contract between Us provided that we are able to accept your Contract and transfer your Supply to Us.
1.5 If You use the Property mainly for business purposes You must tell Us immediately and we will offer You a different Contract.
2. Deemed Contract Terms
2.2 You agree that, although You have not entered into an express Contract with Us, because You are receiving the supply of Energy at the Property You shall pay Us the Charges in accordance with Our Deemed Contract which are available on request from Our customer care team by phone on 0808 281 2222 or email [email protected]. You will be liable to pay the Charges for all Energy supplied by Us at the Property until the date on which this Deemed Contract ends. Your obligation to pay the Charges will continue after this Deemed Contract has ended in the case that any Charges remain outstanding on that date.
2.3 In the event of a change of occupier You must tell Us the date You began to take Supply at the property and the electricity and/or gas Meter reading(s) at that time. If You do not provide Us with this information then we reserve the right to consider that:
a) The start date of Supply to You is the day after the termination date for the outgoing customer;
b) The opening Meter reading(s) for You is the same as the final Meter reading(s) for the outgoing customer.
2.4 Your Deemed Contract will end on the date that You stop owning or occupying the Property if You have notified Us at least two Working Days before the date on which You stop owning or occupying the Property. If You have stopped owning or occupying the Property without telling Us, your Deemed Contract will end on the earlier of:
a) The end of the second Working Day after You have notified Us that You have stopped owning or occupying the Property; or
b) The date on which any other person begins to own or occupy the Property and takes a supply of electricity and/or gas at the Property.
2.5 Your Deemed Contract will end on the date that we cease to supply gas and/or electricity to You or You enter into an express Contract with Us, or You enter into a contract with another supplier.
3. Accepting Our Contract
3.2 The Contract is based on the information provided by You to Us, which You confirm is accurate. Should this information change significantly then You must inform Us of this.
3.3 The Contract will start:
a) When You accept it on the phone; or
b) When You agree in the presence of one of Our representatives; or
c) When You complete, date and send the (printed or digital) application form for the Contract to Us; or
d) When You confirm your acceptance of the Contract through Our website application process; or
e) When You start to take a Supply of Energy at the Property without having done any of the above (this will be a Deemed Contract – please see Clause 2 – Deemed Contract Terms above).
3.4 You also agree that we may at Our discretion carry out a credit check and that as a condition of the Contract we reserve the right to either request a Security Deposit from You or Supply the Property through a Prepayment Meter.
3.5 When You enter into the Contract You are legally entitled to a Cooling-Off Period. This allows You to cancel this Contract by informing Us of your wish to cancel it, whether verbally or in writing, within 14 calendar days of the day it was made. The date when your Cooling-Off Period will end will be set out in your Welcome Letter.
4. Supply Start Date
4.1 If we do not already Supply the Property, we will start to do this from the date we tell You. This will be within twenty-one calendar days from the day you agree our contract (please see Clause 3.5 above)
a) You ask Us to and we agree to take over the Supply to the Property at a later date; or
b) You tell Us, before we start to supply Energy to the Property, that You do not want Us to start to supply Energy to the Property; or
c) Your previous supplier objects to Us taking over the Supply; or
d) Any governmental or regulatory body or authority prevents Us from taking over the Supply; or
e) We are unable to Supply You with Energy for some reason outside Our reasonable control.
4.2 You must provide Us with an actual Meter reading on the day that we start to Supply Energy to the Property. This will enable Us to commence charging You from the correct meter reading and will also assist your previous supplier in providing You with an accurate final bill. Please contact Our customer care team by phone on 0808 281 2222 or email [email protected]nergy.co.uk in order to do this.
5. Payment and Billing
5.1 The Charges will be as specified in the Welcome Letter which forms part of the Contract accepted by You unless amended in accordance with Clause 12 – Changes to the Contract. You can find out about Our Charges on Our website.
5.2 If You are on a non-time of use tariff then the price You pay for Energy is based on:
a) A single Unit Rate, which is an amount in pence per kilowatt hour (kWh) used; and
b) A single Standing Charge, which is a fixed amount per day.
5.3 If You are on a time of use tariff (which means You pay a different price for the Energy depending on the time of day) then the price You pay for Energy is based on:
a) Time of use rates; and
b) A single Standing Charge, which is a fixed amount per day.
5.4 How often You receive a bill and the method by which You will make payment of the Charges to Us will be detailed in your Welcome Letter. The payment method that applies may be determined by the applicable tariff.
5.5 a) Where the payment method is:
i) By Fixed Direct Debit, the amount of each Direct Debit payment will be the appropriate fixed amount which has been determined by Us with reference to i) the applicable tariff and ii) either historic or estimated likely consumption;
ii) By Variable Direct Debit, You will pay for the actual amount of energy You use each over each billing period. This means that You will pay more in winter when your energy usage is higher and less in summer.
b) Your first Fixed Direct Debit payment will be payable in advance;
c) We may change the amount of the Fixed Direct Debit following a review undertaken by Us to ensure that the amount reflects the available and updated consumption information and will notify You of any such change prior to collecting a Fixed Direct Debit of the new amount;
d) If you cancel your Direct Debit payment, then at our discretion we may change your tariff.
e) We will act in accordance with the Direct Debit Guarantee.
5.6 Where the payment method is payment on receipt of bill:
a) You shall pay the full amount due within 14 calendar days of the date of the bill;
b) You may at any time request a different payment method and, where we are able to accommodate your request, we will notify You of any change to the Contract that may result from the change in payment method.
5.7 If You choose to manage your account online and receive the online discount, You must provide Us with a valid email address to receive your bills/statements and other correspondence. You may receive
correspondence via post, but you will lose your online discount.
5.8 You must provide Us with at least two meter reads a year where it is possible for You to do so. In the absence of meter reads your bills will be estimated and we accept no liability should your bills under or
over estimate your consumption in the absence of actual readings.
5.9 If you have a Smart Meter and we can collect your readings remotely we will do so. However, we may occasionally ask you to provide a meter read if we are unable to communicate with your meter for technical reasons.
5.10 If we do not receive all or part of the amount that You owe Us then, unless this was due to an error or oversight by Us, we may at Our discretion charge You interest at Bank of England rate plus 2% from the invoice date to the date of payment. We shall also be entitled to pass on to You any third party charges incurred in collecting the debt such as those of a debt collection agency.
5.11 You may dispute an invoice at any time. If You pay by Variable Direct Debit and You do not agree with Our invoice and You inform Us of this at least 14 Working Days prior to the date on which payment is due, we will not process your Direct Debit. If only part of the invoice is disputed You must pay the part that is not in dispute. Once your dispute is resolved You must pay any Charges outstanding.
5.12 If You have, or expect to have, a problem in paying Our Charges, please let Us know as soon as possible and we will provide help and advice. A copy of Our policy “Difficulty Paying?” is available on Our website or You can contact Our customer care team who will be happy to help by phone 0808 281 2222 or email [email protected].
6. If You Move Home
6.1 If You are moving home You must tell Us at least two Working Days before the day You move. If You do this your Contract with Us will end on the date that You move out. If You do not do this, your Contract with Us will continue until two Working Days after the date on which You advise Us that You are no longer responsible for the Charges for the Energy Supplied to the Property or when we are notified of another owner or occupier taking over the Property or becoming responsible for the Energy Supplied to the Property.
6.2 If You do not have a Smart Meter or a Prepayment Meter at the Property, You must also give Us a final Meter reading on the day that You move out. This will be used to calculate your final bill.
7. If You Leave Bristol Energy
7.1 The Contract will end (unless clause 7.2 below applies) after we have received notice from your new supplier of your change of supplier and that new supplier has registered You as its customer and started Supplying Energy to the Property. You may also end this Contract by requesting that the Supply is disconnected, in which case the Contract will end when the Supply is disconnected.
7.2 Unless clause 7.3 below applies, if You wish to change supplier and You owe Us money due to a failure to make any outstanding payments, we may at Our discretion object to You changing supplier. We will write to You and tell You if we do this. This may delay the transfer to the new supplier until the debt is paid.
7.3 If You have a Prepayment Meter and You owe Us money we will not object to You changing supplier as long as the debt is £500 or less for either electricity or gas and the new supplier accepts the transfer of the debt from Us to them.
8.Our Rights Under the Contract
a) Failed to keep to a repayment plan agreed between You and Us; or
b) Refused to pay a security deposit when requested by Us and refused to accept the alternative option of paying Our Charges through a Prepayment Meter; or
c) Refused to enter into a repayment plan with Us and we are unable to fit a Prepayment Meter at your Property because it is not safe or reasonably practicable for Us to do so; or
d) Refused to use the Fuel Direct Scheme when You are eligible to do so; or
e) Interfered with your Meter or it is proven that You have stolen Energy, then, at Our discretion and after full consideration of the information known to Us about your circumstances, we may terminate the Contract and/or disconnect the Supply to the Property (in line with Our policy “Difficulty Paying?” which is available on Our website). If we intend to do this, we will give You at least seven calendar days’ notice prior to doing so.
9. Contracts with a Fixed Term Period
9.1 If your Contract has a Fixed Term Period we will send You a Statement of Renewal Terms between 49 and 42 calendar days before the Fixed Term Period of the Fixed Term Tariff is due to end. This will include
information about your new prices in relation to Our Standard Variable Tariff following the end of the Fixed Term Tariff and options to switch to a different tariff or a new supplier.
9.2 If your Contract has a Fixed Term Period and You choose a new Tariff with a Fixed Term Period offered by Us no more than 49 days before your existing Fixed Term Tariff ends You will be subject to the terms of the existing tariff until the new tariff comes into effect.
9.3 We may apply a new Fixed Term Tariff under the Contract if:
a) We have sent You a Statement of Renewal Terms in accordance with clause 9.1 above; and
b) The Fixed Term Period of the new Fixed Term Tariff is no longer than the Fixed Term Period of the existing Fixed Term Tariff; and
c) The new Fixed Term Tariff is available to other customers or potential customers; and
d) You have given Your written consent for the application of the new Fixed Term Tariff and any associated changes to the Contract.
9.4 If You are supplied under a Fixed Term Tariff and fail to pay Our charges for Energy Supplied to the Property in a timely manner in accordance with these Terms and Conditions, We may at Our discretion change You to a different payment method or to our Standard Variable Tariff. You will be told prior to agreeing the Contract with Us if this is a condition of that particular Fixed Term Tariff.
10. Metering Equipment and Agents
10.1 Under normal circumstances we will provide any equipment necessary to Supply Energy to the Property and appoint suitable Agent(s). All equipment will remain Our property or the property of Our Agent(s). On delivery or installation, You are responsible for keeping any equipment safe and in good order. You must not interfere with it or modify it in any way.
10.2 If your Meter reaches its certification end date then we will need to replace it with a Meter of our choice.
10.3 As Our customer, You have the right to provide your own equipment and/or appoint your own Agent(s). If You wish to do this, You must give Us at least 20 calendar days’ notice and the arrangements must be acceptable to Us and agreed to in writing. In addition, You are then responsible for any loss we incur as a result of those arrangements.
10.4 If You ask Us to check your Meter for accuracy You must give Us 14 calendar days’ written notice and we will arrange to have the Meter tested. If the Meter is found to be working correctly within the prescribed industry tolerance limits You must pay for the test. If the Meter is found to be inaccurate we will pay for the test and the cost of replacing or repairing the Meter. In this case we will also recalculate your bills and make any adjustment we reasonably consider appropriate to reflect any Meter inaccuracy discovered.
10.5 If your meter stops recording then you must let us know as soon as you notice. We may bill you based on an estimate of your historical consumption from the last read received and the date we replace the meter.
10.6 If we have provided You with an In-Home Display when we installed a Smart Meter, then we will replace it free of charge if it stops working within 1 year of install. After 1 Year we may charge you for a replacement if you wish to have one.
10.7 We will take all reasonable steps to ensure the information on your Smart Meter (and In-Home Display) is up to date and accurate, but this will be dependent on us being able to communicate with the meter.
11. Access to Your home
a) At all reasonable times for any reason that relates to your Energy Supply or the Meter in order to enforce Our rights and carry out Our obligations under the Contract; and
b) At all reasonable times after this Contract ends to collect equipment that belongs to Us; and
c) At any time in an emergency.
11.2 You must provide unobstructed access to the Meter for Meter reading and maintenance or removal. If we need to relocate the Meter for any reason, we may at Our discretion charge You for the related costs unless You are eligible for this work to be done free of charge.
12. Changes to the Contract
12.2 If You want to change the terms of the Contract and we agree to the change we will confirm the arrangements to You in writing within five Working Days from the changes taking effect or as soon as reasonably practical thereafter.
12.3 If your Contract has a Fixed Term Period we may not change the Terms and Conditions of this Contract prior to the end of the Fixed Term Period unless:
a) The change is not to your disadvantage; or
b) The information You have given Us is incorrect or incomplete; or
c) We need to install a Prepayment Meter at the Property; or
d) You cancel your Direct Debit payment agreement; or
e) There is an increase in VAT payable; or
f) Clause 12.6 applies.
12.4 If your Contract has a variable price Tariff (such as Our Standard Variable Tariff) and we raise your Charges or make a change to this Contract that puts You at a disadvantage then, unless clause 12.6 applies, we will let You know in writing at least 30 calendar days ahead of the change taking effect. The price rise or change to the Contract will not affect You as long as:
a) You tell Us verbally or in writing that You want to end this Contract (subject to clause 7.1) on or before the day on which the price rise or change takes effect; and
b) You arrange to switch to a different tariff no later than 20 Working Days after (but not including) the date on which the change takes effect; or
c) You arrange for another supplier to Supply your gas or electricity (or both) and we receive notice of this from your new supplier no later than 20 Working Days after (but not including) the date on which the change takes effect that your Supply will be transferred to your new supplier within a reasonable period of time; and
d) We do not prevent the transfer under clause 7.2.
12.5 If we intend to prevent the transfer because You owe Us money, we will notify You in writing. If the debt is paid within 30 Working Days of Us notifying You, we will allow the transfer to your new supplier to go ahead and the price rise or Contract change will not apply to You.
12.6 If the changes to the Contract are required or necessary because of changes to the industry agreements under which we operate or changes imposed by any governmental or regulatory body or authority (e.g. Ofgem), the changes will come into effect on the day of notification.
13.1 We may at Our discretion ask You to pay Us a Security Deposit. If we do this, You must pay this by the date we specify. We will give You a reasonable time to pay Us.
13.2 The Security Deposit will be returned to You at the end of six months if You do not miss any payments when they are due.
13.3 If You miss any payments while the Security Deposit is being held by Us, we may at Our discretion use this to offset debt and request a further Security Deposit.
13.4 If we request a Security Deposit and You do not wish to pay this, we will give You the option of paying for your Energy through a Prepayment Meter. Should You accept this option, no Security Deposit will need to be paid.
14. Prepayment Meters
14.2 We can require You to pay through a Prepayment Meter. If we do so, this will normally be because:
a) There is already a Prepayment Meter installed at the Property; or
b) We have reached an agreement with You for You to repay any outstanding debt by means of a Prepayment Meter; or
c) You have chosen to pay for your Energy through a Prepayment Meter rather than pay a Security Deposit where we have requested this; or
d) We can avoid disconnecting your electricity or gas (or both) by installing a Prepayment Meter or switching your Smart Meter to prepayment mode.
14.3 In the case that a Prepayment Meter is being fitted to help You repay a debt we will write to You and inform You of:
a) The amount of debt to be repaid; and
b) How this total debt is split between gas and electricity debt; and
c) An estimate of the dates on which both the gas debt and electricity debt will be repaid if the repayment agreement is adhered to.
14.4 In all cases, a Prepayment Meter will only be fitted if it is safe and reasonably practicable to do so.
14.5 If You pay Our Charges through a Prepayment Meter, we may at Our discretion require You to pay reasonable costs resulting from:
a) The replacement of a payment card or key; or
b) Exchanging a Prepayment Meter for a credit Meter (if we agree to do so); or
c) The need to repair or replace your Prepayment Meter as a result of damage or interference; or
d) Visiting the Property when You have told Us that your Prepayment Meter or payment card is faulty and we cannot find a fault and Our Agent adds credit to the Prepayment Meter; or
e) Obtaining a warrant of entry to fit the Prepayment Meter (should we be forced to do this).
14.6 The level of repayments in relation to any repayment agreement will be agreed by Us based on your ability to pay and can be varied at your request (if we agree to do so). Full details of Our services for prepayment customers can be found on Our website.
15. Other Charges
a) Costs to visit the Property to disconnect or reconnect your Supply; or
b) Costs to repair a damaged Meter; or
c) Costs in recovering money You owe Us. This may include administration costs and the costs of visiting the Property or obtaining a warrant of entry; or
d) The value of any Energy used which has not been charged for by Us as a result of interference with a Meter; or
e) Where You fail to keep an agreed appointment with Us or Our Agents without giving Us 48 hours’ notice; or
f) If You fail to respond to Our attempts to contact You and we have to visit the Property; or
g) Administration costs arising from payment failures, such as returned cheques or cancelled Direct Debits.
16. National Terms of Connection
16.1 If we supply You with electricity under this Contract, You are also entering into a standard connection agreement for your electricity with your local electricity Network Operator. There is no similar agreement for gas.
16.2 We are acting on behalf of your Network Operator to make an agreement with You. The 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 this Contract and it affects your legal rights. The 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 Property. If You want a copy of the NTC or have any questions about it, please write to:
Energy Networks Association
6th Floor, Dean Bradley House
52 Horseferry Road
London, SW1P 2AF
Phone: 0207 706 5137
17. Continuity of Supply, Safety and Emergencies
a) To avoid danger to persons or property; or
b) If it is unlawful to continue your Supply; or
c) If maintenance to the local distribution network is required.
17.2 We are not responsible for any losses incurred should we need to suspend or restrict your Supply in an emergency or for safety reasons.
17.3 If You have a gas emergency, You must report it on 0800 111 999 (24 hours).
17.4 If You have an electricity emergency, You must report it on 105 (24 hours).
You must not use the Supply in a way that could endanger persons or property or affect the supply of another property.
17.6 If You believe that your Meter or any other metering equipment may be damaged, You must let Us know at once.
17.7 If there is a major emergency affecting a Network Operator or a Gas Transporter and the government gives a direction under the Fuel Security Code we may recover from You a reasonable proportion of the additional costs suffered by Us as a result of the direction.
18. Green Deal
18.1 Please note that Bristol Energy is not a Green Deal Licensee under the Green Deal Arrangements Agreement. We are therefore prohibited from Supplying electricity to any Property that has a Green Deal in place. If the Property has a Green Deal in place You will need to contact another supplier which is a Green Deal Licensee for your electricity Supply. However, we are able to Supply the Property with gas only should You still wish to be Supplied by Bristol Energy for this fuel.
19. Limitation of Liability
19.1 We accept full legal responsibility if we or Our Agents kill or injure somebody (or cause somebody to be killed or injured) because we or they have been negligent or if we or they act fraudulently.
19.2 Subject to clauses 19.1 and 19.3, in the case of the Supply of electricity and/or gas, if You suffer any loss or damage, Our liability to You will be limited to £100,000 for each event that causes You loss. If there are a number of connected events that cause You loss, Our responsibility will be limited to £100,000 in total for these events.
19.3 Subject to clause 19.1, we will not, under any circumstances, be responsible for:
a) Any financial loss or damage, for example loss of profit, income, business, contract or goodwill; or
b) Any loss which, when we made this Contract with You, we could not reasonably have expected would happen even if we, Our employees, subcontractors or Agents did not follow the requirements of these Terms and Conditions; or
c) Failure to provide Energy due to anything beyond Our reasonable control.
19.4 Subject to Clause 19.1, if the Gas Transporter or Network Operator causes You any loss or damage, we will only be legally responsible to You for the amount we are entitled to recover from the Gas Transporter or Network Operator (or both) on your behalf.
19.5 Nothing in these Terms and Conditions shall impose any liability on Us in respect of non-performance where the performance claimed is outside the terms of your Contract or where such non-performance is directly due to your acts, omissions, negligence or default.
19.6 If we are required to take action under Our gas supply licence, electricity supply licence or any other rules that are binding on Us, we will not be in breach of the Contract.
20. Use of Personal Information
20.1 To become your Supplier and manage your account we will need to hold and share personal information on You. How we manage your data can be found in our Privacy Notice which can be found on our web site at www.bristol-energy.co.uk/privacy-notice. If you do not have access to the internet and would like a copy sent to you please contact our customer care team.
21. Help and Advice
21.2 If You have a complaint please contact Our customer care team in the first instance. You can do this by letter:
Bristol Energy Limited, 100 Temple Street, Bristol BS1 6AG.
Call free on 0808 281 2222
Or by email: [email protected]
21.3 If we do not resolve a complaint to your satisfaction (including if we do not give You Our decision on your complaint within eight weeks), You may refer the matter to the Energy Supply Ombudsman. The Ombudsman’s contact details can be found at www.ombudsman-services.org/contact-Us-energy
21.4 You can seek independent advice in relation to your complaint at any time from Citizens Advice consumer service. Phone: 08444 111 444 if You live in England, 08444 77 20 20 if You live in Wales or 03454 04 05 06 if You live in Scotland.
22. Other Important Information
22.1 These Terms and Conditions together with the Welcome Letter are the entire agreement between You and Us and supersede all prior agreements between You and Us. You may not rely on any statement that is not contained in the Terms or Conditions or in the Welcome Letter.
22.2 You cannot transfer any of your rights or obligation under this Contract to another person without Our prior written permission.
22.3 We can assign, grant security or declare a trust over, or transfer by novation or otherwise, all or any of Our rights (including the right to recover unpaid charges) or interests and liabilities under the Contract and/or sub-contract any of Our obligations under this Contract, in each case without your prior consent.
22.4 The Terms and Conditions of this Contract remain in force at all times. If we have not enforced a particular clause that does not mean that we will not take action in the future.
22.5 Communications with You may be recorded for training and quality control purposes. This includes telephone calls and emails.
22.6 You agree to receive communications by email and also agree that these methods are to be considered legally enforceable communications in writing.
22.7 Written notice sent by First Class post, by hand or by email will be considered delivered one Working Day after it was sent. This will not apply to email if the sender has received a message by return saying that the email has not been delivered.
22.8 We are required to end this Contract immediately if:
a) We no longer have the relevant licences to Supply the Property; or
b) Any governmental or regulatory body or authority (e.g. Ofgem) tells another supplier to Supply your gas or electricity.
22.9 We operate Our business under the obligations placed on Us by the Utilities Act 2000 and other industry and government regulations. If these change we may alter these Terms and Conditions to reflect any new obligations and/or costs placed upon Us. If this happens we will tell You in writing.
22.10 If a court or other government or regulatory authority or body tells Us a part of this Contract is not valid, the rest of the Contract will not be affected.
22.11 The laws of England and Wales or Scotland apply to this Contract, depending on where the Property is.
22.12 Unless expressly provided in this Contract, no express term of this Contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise by any person who is not party to it.