Our new Terms & Conditions came into effect on Thursday, 19 January 2023. These changes should make it easier to understand what to expect as a Utilita customer. Check out a summary of what changed:
Credit checks and how you pay for your energy:
We’ve made what happens when you join us much clearer, including new
clauses detailing what happens if we need to conduct any credit checks,
and what happens if you want to switch from Pay As You Go to Credit.
Cancellations: Moving supplier is now easier with Faster Switching – we’ll now cancel your contract from the date we receive any request, then you can start the switching process
Energy support schemes: There is now a new clause explaining how we deliver energy support schemes and what our obligations are.
Government announcements & changes: With lots of government schemes being launched, and more frequent price change announcements – we’ve now explained in more detail when you’ll hear from us and what to expect.
Late payments & administration charges: We’ve clarified what we’ll charge you if you’re late with any payments or if we have to charge you administration costs for any reason.
Final bills: If you pay by Direct Debit, or you pay for your energy when you get your bill, we’ve updated our clause relating to the issuing of any finals bills to explain what happens if you change tenancy.
Deemed contracts explained: We’ve added a new clause that gives a clearer explanation on what happens if you are on a deemed contract.
General updates for improved readability: While our Terms & Conditions remain a legal document, we’ve reduced the amount of jargon so they’re easier to understand. Our terms are also certified by Plain English – our Crystal Mark status means they’ve been independently approved as clear and simple.
Our new Privacy Information Notice came into effect on Thursday, 19 January 2023. Our privacy notice has been reviewed to make sure it explains all the ways we collect and process your information. These changes should make it easier to understand what to expect as a Utilita customer.
1.1 We are Utilita Energy Limited of Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB, a limited company registered in England and Wales under company registration number: 04849181 and with VAT number: 823818422 (“Utilita”). “We”, “our” or “us” shall be construed as references to Utilita
1.3 If you do not accept these Terms, do not use the Website. If you continue to access or use the Website, you will be deemed to have accepted these Terms.
1.4 If you have any questions about these Terms, please contact us by email at email@example.com.
1.5 We recommend that you print a copy of these Terms for future reference.
Access to the Website is free of charge and permitted on a temporary basis only.
Use of the Website includes (without limitation), accessing, browsing, linking to, posting material on or registering to use the Website.
We cannot guarantee that the functions contained in, or the material made available on, the Website will be continuous, uninterrupted or error free. There will be times when we will be required to interrupt your access to the Website in order to carry out routine maintenance, repairs, or upgrades on a regular basis or in circumstances beyond our control. We will not be liable if, for any reason, the Website is unavailable at any time or for any period.
You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms & conditions, and that they comply with them.
3.1 We are the owner or licensor of all intellectual property rights in the Website and the materials published on it and we reserve all our rights.
3.2 The Website and the content featured on the Website are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to us and our licensors.
3.3 The Utilita name and logo, and any other Utilita trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Utilita (together “Utilita Trademarks”). Except where agreed otherwise in these Terms, the Utilita Trademarks may not be copied, imitated or used, in whole or in part, without our prior written permission.
3.4 We grant you a limited, non-transferrable, non-exclusive and revocable licence to access and use the Website and/or the Utilita Trademarks for the purposes of using and accessing our services as a current or prospective customer or partner of Utilita.
You acknowledge that by posting comments, information or materials on the Website ("Materials"), you grant to Utilita and the Utilita group companies an irrevocable, perpetual, royalty-free, worldwide licence to use those Materials both on the Website and for commercial purposes. This licence extends to copying, distributing, broadcasting, transmitting, adapting and/or editing the Materials.
3.5 We are not responsible for any liability that may arise in connection with any and all Materials you post or upload on the Website.
3.6 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy; and
3.7 You are solely responsible for securing and backing up your content.
4.1 You agree to use the Website for lawful purposes only. You must not:
4.2 If you do any of the above, we reserve the right to take immediate action to suspend or remove your right to access and use the Website.
4.3 You may view, print and distribute materials contained on the Website, provided that you must not:
4.5 Breach of the above provisions will be considered a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them.
5.1 Except for information in websites controlled by third parties that are accessible via hyperlinks on the Website, the information available on the Website is our confidential information. You may not use, disclose, reproduce, transmit, or otherwise copy in any form or by any means our confidential information for any purpose without our prior written permission.
5.2 If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to a third party.
5.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
6.1 We explain what personal data we collect and what we use it for in our Privacy Information Notice available here.
7.1 The Website may contain links to other third-party websites (“Third-Party Websites”) for your information only. We do not have any control over the content on these Third-Party Websites.
7.2 We are not responsible for the contents of any linked Third-Party Websites, or any changes or updates to such Third-Party Websites. You hereby agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted on any Third-Party Websites, including defamatory, offensive or illicit material, nor shall we be responsible or liable for any losses caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such linked Third Party Websites.
7.3 Any links on the Website to Third Party Websites should not be construed as an endorsement, support, approval or recommendation by us of the owners or operators of those Third-Party Websites, or of any information, graphics, materials, statements, comments, opinions, products or services referred to or contained on those Third-Party Websites, unless and to the extent stipulated to the contrary.
7.4 You agree to release us from any claims or disputes that may come from your use or access to any Third-Party Websites.
7.5 You must contact us at email@example.com for permission if you want to:
8.1 The Website may include information or materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by others on our Website do not represent our views or values.
8.2 If you wish to complain about content uploaded by other users, please contact us on firstname.lastname@example.org.
9.1 Whilst we encrypt data, internet transmissions are never completely private or secure, and any information you send using the Website may be read or intercepted by others.
9.2 Whilst we take reasonable precautions, we do not provide any guarantees, conditions or warranties that the Website, or any products or services available on the Website, are current, secure, accurate, complete or free from bugs or viruses. We do not accept any responsibility or liability for any loss, damage or interference to your computer equipment, computer programs or data which arises in connection with your use of the Website, any material you download from the Website or from any third-party website linked to the Website.
9.3 You are responsible for configuring your information technology, computer programs and platforms in order to access the Website. We recommend that you take you own precautions to ensure that you are protected when you access and use the Website.
10.1 We do not publish advice on the Website. The content is provided for your general information only and does not constitute any technical, financial, legal advice or any other type of advice and should not be relied upon for any such purposes. You should get professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Website.
10.2 We do not limit our liability to you where it would be unlawful to do so including for death or personal injury arising out of our negligence or fraudulent misrepresentation.
10.3 The Website and all information contained herein (including, without limitation, names, images, pictures, logos, icons, information and material regarding or relating to any Utilita or any Utilita group company products or services) is provided without any representation, endorsement, warranty or guarantee of any kind, express or implied (by law or otherwise).
10.4 Any person using the information made available on this Website uses such information at their own risk.
10.5 To the fullest extent permitted by law, in no circumstances shall Utilita or any Utilita group company be held responsible or liable for any loss or damage, howsoever arising (whether for breach of contract, in negligence, in delict or tort or otherwise), out of or in connection with your use of the Website or any Third-Party Websites, including, without limitation, any:
10.6 You agree that access and use of the Website is at your sole risk and if dissatisfied with our services and/or the Website or any portion thereof, your exclusive remedy shall be to stop using the Website.
11.1 We may revise or supplement these Terms from time to time in accordance with any legislative requirements and/or any changes that we decide to make. We will update these Terms and any supporting documentation accordingly. Such modifications become effective once we post the modified Terms on the Website.
11.2 We reserve the right to restrict, withdraw or amend the Website, its contents, or any products, services, function, material or information we provide on the Website for business or operational reasons, without notice and without liability. If the need arises, we may suspend access to the Website or close it indefinitely. We will try to give you reasonable notice of any suspension or withdrawal.
11.3 Every time you wish to use the Website, please check these Terms regularly to ensure you understand the terms that apply at that time You agree to any changes we make to the Terms if you continue to use the Website after the changes have been posted.
11.4 These Terms were most recently updated on 19 October 2021.
12.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.1 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. We reserve the right to exercise or enforce any right or provision under these Terms at a later date at our sole discretion.
13.2 To the extent that any provision in these Terms shall be found to be unenforceable, such provision shall be modified in such a manner so as to make these Terms as modified, legal and enforceable under applicable laws and the balance of the provisions of these Terms shall not be affected thereby
13.3 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales. Your statutory rights are unaffected.
13.4 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
The Green Deal Scheme is a government-backed initiative where organisations called Green Deal Providers provide financial assistance in the form of a loan to help households make energy-saving improvements to their premises. The loan is repaid through a charge added to an electricity bill, or recovered through a prepayment meter using a daily charge. Through adding energy-saving improvements to your home, the Green Deal stays with the premises and if you move, the new resident or person benefitting from the improvements will then be responsible for paying the remaining charges. If you are responsible for the Green Deal Charges at your premises, the following terms apply to you.
1.1 We are Utilita Energy Limited of Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB, registered in England – 04849181– and with VAT number: 823818422.
1.2 If your premises has a Green Deal and we supply Electricity to you, these terms & conditions (“Green Deal Terms”) apply regardless of whether you are being supplied under our Standard Terms or our Deemed Contract Terms. You can read the terms that apply to our supply of Energy to you by following this link: utilita.co.uk/terms
1.3 If there is a mismatch between these Green Deal Terms and our Standard Terms, these Terms will apply on Green Deal issues, and our Standard Terms will apply in all other cases.
2.1 You are a Green Deal Payer if you are responsible for paying the gas and/or electricity charges at your premises and there is a Green Deal attached to your premises. Even if you did not enter an agreement to join the Green Deal, you are responsible for paying the Green Deal Charges where a previous owner or occupier has joined the scheme in relation to your premises.
2.2 As a Green Deal Payer and a customer of Utilita, you agree to pay us any Green Deal Charges related to the Green Deal. Green Deal Charges are separate from any charges for the Energy you use. Our tariff prices do not include Green Deal Charges - these will be added to your bill separately.
2.3 You are responsible for paying us the Green Deal Charges from the date that we begin the supply of electricity to your premises (whether under a Deemed Contract or our Standard Terms).
2.4 We are responsible for collecting your Green Deal Charges and we will send your Green Deal Charges to the relevant Green Deal Provider on your behalf.
2.5 We will tell you what your Green Deal Charges will be before we start taking them. You can see what Green Deal Charges you pay by looking at your bill or statement.
2.6 We will collect your Green Deal Charges daily through your meter (where you are a pre-payment customer) or through your bill (if you are a credit customer). We will take payment through the same method which you chose to pay for your electricity supply. Further information regarding paying your Green Deal Charges can be found in the Green Deal Code of Practice by following this link: utilita.co.uk/help/codes-of-practice.
2.7 When you pay us, the amount that you pay will be split between your standard electricity charges and your Green Deal Charges.
2.8 If you would like to pay off your Green Deal Charges early, speak to your Green Deal Provider. Where any changes are notified to us by your Green Deal Provider, we will adjust your Green Deal Charges and write to you to inform you of these changes before they happen.
2.9 If you do not pay your Green Deal Charges we will treat the unpaid sums as a debt, in accordance with our Standard Terms. You can find out more by following this link: utilita.co.uk/terms
3.1 Please see our Standard Terms & Conditions for information on ending your contract with us.
3.2 If you wish to switch to a different electricity supplier, you must select a supplier that participates in the Green Deal. We will continue to collect the Green Deal Charges until your new electricity supplier takes over the supply. Your new electricity supplier will collect the Green Deal Charges for your premises from when they take over the supply from us. You will be responsible for all outstanding Green Deal Charges that were payable to us up to the date that our supply ended and you will continue to be responsible for paying the Green Deal Charges with your new supplier.
3.3 Where you ask to switch to a different electricity supplier, we have the right to object to your proposed supply transfer where you have outstanding Green Deal Charges owing on your account. If you are a prepayment customer we may be able to transfer your supply under the Debt Assignment Protocol. To find out more about the Debt Assignment Protocol, please visit utilita.co.uk/help/codes-of-practice.
3.4 If you move to new premises, you may remain responsible for paying the Green Deal Charges related to your old premises until a new Green Deal Payer takes over responsibility for the Green Deal Charges.
3.5 If you stop taking electricity at your premises but there are Green Deal Charges accruing, we will continue to take your Green Deal Charges.
4.1 We collect and receive data about you, your household, and your meter so we can provide our services to you and to comply with our regulatory obligations. We explain what information we collect and what we use it for in our Privacy Information Notice which is online at utilita.co.uk/terms or you can call our Customer Services Team if you need a hard copy.
4.2 Where your premises is part of the Green Deal we may also collect and share personal information about you and your household with your Green Deal Provider. We do this in order to manage your Green Deal and to correctly collect and pay your Green Deal Charges. This information may also be shared with regulators, government authorities, organisations that co-ordinate the Green Deal and relevant Green Deal Providers to oversee the Green Deal Scheme.
5.1 We do not limit our liability to you for death or personal injury arising out of our negligence or fraudulent misrepresentation.
5.2 We are only responsible for foreseeable loss or damage that is caused by our failure to comply with these Terms, or where we do not use reasonable skill and care. If you suffer loss as a result of our failure under these Terms, our total aggregate liability to you for all claims is limited to £10,000 for any one event or series of connected events in any 12 month period.
5.3 We are not responsible for unforeseeable losses, or any other loss or damage that you may incur which is not an obvious consequence of our failure, or where the failure is due to circumstances that are beyond our reasonable control. We are not responsible for any indirect, special or consequential losses you may suffer, including but not limited to any business losses or disruption to business activities carried out at the premises.
5.4 These terms shall be governed by the laws of England and Wales and disputes arising shall be dealt with by the English courts. If the address of the premises is in Scotland, your statutory rights are not affected.
We are Utilita Energy Limited, of Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh, SO53 3QB, a limited company registered in England and Wales under company registration number 04849181 with VAT number 823818422 (“Utilita”). “We”, “Our” or “Us” shall be construed as references to Utilita.
2.2 By downloading and using our App, you acknowledge that you have read, understood and agree to be bound by these App Terms.
2.3 If you do not accept these App Terms, you must immediately discontinue using and uninstall our App. If you continue to access the App, you will be deemed to have accepted these App Terms.
2.4 If you have any questions about the App Terms, please contact us by email at email@example.com.
2.5 We recommend that you print a copy of these App Terms for future reference.
3.1 Our App Terms supplement and should be read in conjunction with the following additional terms, which also apply to your use of our App:
3.1.1 our Standard Terms (utilita.co.uk/terms), which are the main Utilita terms and conditions that govern the provision of the supply of gas and/or electricity (“Services”) to your premises (applicable to residential customers);
3.1.2 our Website Terms & Conditions (utilita.co.uk/terms), which sets out, among other things, the permitted uses and prohibited uses of our website. When using our website (and Portal) you must comply with these terms;
3.1.3 our Privacy Information Notice (utilita.co.uk/privacy-notice), which details how we process your personal data; and
3.2 Any terms defined in the Standard Terms shall have the same meaning when used in these App Terms unless we have specifically amended the meaning otherwise.
3.3 In the event of any conflict between the App Terms and the Standard Terms, the Standard Terms will apply.
3.4 The app store from where you downloaded our App may also have its own policies and rules. In the event of any conflict between the App Terms and the terms and conditions of either Google or Apple app store (“Appstore Terms”), these App Terms will apply.
4.1 Access to the App is free of charge and permitted on a temporary basis only.
4.2 We strongly recommend that you only download our App from either the app store or Google Play to ensure that our App is legitimate and safe from malicious software. It is your responsibility to keep your device and access to our App secure.
4.3 Once the App has been downloaded, you will be required to create an account using a sign in method which requires your email address and a password (“Login Credentials”) for the purposes of viewing and managing certain aspects of your account with us. In order to create an account, you will be required to register and match the primary account holder’s customer reference number with the postcode linked to the primary account holder’s account.
4.4 We cannot guarantee that the functions contained in, or the material made available on, the App will be continuous, uninterrupted or error free. There will be times when we will be required to interrupt your access to the App to carry out routine maintenance, repairs or upgrades on a regular basis or in circumstances beyond our control. We will not be liable if, for any reason, the App is unavailable at any time for any period.
4.5 You are responsible for ensuring that all persons who access the App via your device are aware of these App Terms and other applicable terms and conditions, and that they comply with them.
5.1 When signing into the App, you are responsible for keeping your Login Credentials secure and confidential.
5.2 If you know or suspect that anyone other than you knows your Login Credentials or has access to your account, you must promptly notify us by contacting a member of our Customer Services Team by emailing firstname.lastname@example.org or calling 0345 207 2000. The conditions relating to payment instructions set out in the Standard Terms apply in relation to our App.
6.1 We are the owner or licensor of all intellectual property rights in our App and the materials published on it and we reserve all our rights.
6.2 The App and the content featured on our App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to us and our licensors.
6.3 The Utilita name and logo and any other Utilita trademarks, service marks, graphics and logos used in connection with the App are trademarks of Utilita (together, the “Utilita Trademarks”). Except where agreed otherwise in these App Terms, the Utilita Trademarks may not be copied, imitated or used, in whole or in part, without prior written permission of Utilita.
6.4 We grant you a limited, non-transferrable, non-exclusive and revocable licence to access and use our App for the purposes of viewing and managing your account with us, including the ability for you to make payments towards your bill. This licence is granted to you for your personal, non-commercial use and is only available for use on a device as permitted by the applicable Appstore Terms.
6.5 Using our App includes accessing the functionality contained in our App via an internet browser or other device.
7.1 Our App allows you to view and manage aspects of your account with us, including but not limited to:
7.1.1 allowing you to pay your bills and manage charges on your account via the online Payment System;
7.1.2 allowing you to generate e-cards that will allow you to top-up; and
7.1.3 giving you the option of asking for a credit top-up facility (as explained in more detail here: utilita.co.uk/help/my-utilita) (“Power Up”).
7.2 You must be over 16 years of age to download and use our App.
7.3 You must own, or have permission from the owner of a device to download and use our App. You cannot transfer our App to anyone else and if you sell any device on which our App is installed, you must remove our App from it.
7.4 Device registration and device de-registration notifications will be sent to the email address linked to primary account holder's account.
7.5 You are able to register multiple devices against the same primary account holder’s account however you must have the primary account holder’s permission to register a new device or otherwise make use of our App.
7.6 Any device registered to an account will have full access to our App’s functionality, including the ability to view and change your information and make a request for e-cards or a Power Up.
7.7 Where you are using our App for the benefit of the primary account holder, you must do so with their full knowledge and consent. If you are not the primary account holder, you must have the account owner's permission before you access the account, make a Power Up request or pay any bills.
7.8 You are responsible for the accuracy of the meter readings entered onto our App. Please take care when entering any meter readings to ensure that you have entered the values correctly.
7.9 The information on our App is an estimate only and therefore may differ from the actual balance of your Smart Meter (an electricity and/or gas meter, together with associated communications equipment including an In-Home Display known as a “Smart Meter”) shown on your In-Home Display (your display equipment connected to your Smart Meter which automatically informs you and us how much gas and/or electricity you use in real-time, known as your “In-Home Display”), or the information on your account. If you are not sure of your account balance, please contact a member of our Customer Services Team by emailing email@example.com or calling 0345 207 2000. You are responsible for paying for your energy on time. We are not responsible if you fail to do so.
7.10 You understand that you will need to be connected to the internet in order to access and use our App and to receive real-time notifications about your account, energy usage and available credit (these are known as push notifications). You acknowledge you may be charged by a third party, including your mobile network provider, for the internet connection you use to access our App. For example: roaming charges if you are using our App abroad.
7.11 You must have the device bill payer's permission before incurring these charges. If you lose your internet connection whilst accessing our App, you may not be able to continue accessing it, transactions may be interrupted and the information you see on our App may not be accurate or up to date.
7.12 If you are not the device bill payer for the device being used to access our App, you will be assumed to have received permission from the bill payer.
7.13 We are not responsible for any of our App functionality not being available because you do not have an internet connection or any available data allowance on your device.
7.14 We are not responsible for any failure or delay in managing a payment due to your failure to maintain the internet-connection, battery of the device or other connection issue. Your energy supply may be interrupted if you do not make top-ups or other payments to your account in good time.
7.15 We are committed to ensuring that our App is as useful and efficient as possible but this App does not replace your In-Home Display.
7.16 You acknowledge and accept that to be able to provide you with our Services, we automatically collect data from your Smart Meter, including any data that your Smart Meter records half-hourly and that we collect from time to time.
7.17 Please note that we can only use your Smart Meter half-hourly data with your consent. By accepting the App Terms and using our App, you consent to us collecting and using this data.
7.18 You may withdraw your consent to our collecting and using half-hourly data by contacting our Customer Services Team by email on firstname.lastname@example.org or by calling 0345 207 2000. However, if you withdraw your consent you will not be able to use our App.
7.19 You can find out more information about our Services, how you can pay any outstanding charges, how the Payment System operates, and how you can manage your account with us by reading our Standard Terms or viewing our Codes of Practice (utilita.co.uk/help/codes-of-practice) which provides guidance and information sheets which explain the provision of the Services in more detail.
8.1 Where you meet the criteria, you can apply for a Power Up through our App which can be applied to your account as a top-up, the amount of which can be variable. The value of this energy is then repaid as a debt to us from your future top-up payments at the agreed rates until the Power Up is repaid in full. Please see our website utilita.co.uk/help/my-utilita for more information.
8.2 Please note that we also offer:
8.2.1 extra credit on prepayment meters (“Emergency Credit”) in the event you run out of pre-paid credit as explained in more detail here: utilita.co.uk/help/about-prepayment-meters; and
8.2.2 a ‘no disconnect’ mode that the prepayment meters can enter into to ensure you do not lose supply, even if Emergency Credit has not been activated or it has expired (“Friendly Credit Hours”) as explained in more detail here: About Prepayment Meters | Help | Utilita Energy.
These enable your supply to continue whilst you arrange a normal payment to top-up the credit on your meter. However, if you use these facilities and still run out of credit, you must repay them and get into credit by at least £2 to get back on supply.
8.3 It is recommended that you make use of the Emergency Credit and Friendly Credit Hours before you apply for a Power Up to ensure that you satisfy any outstanding credit you have used prior to going back on supply and to avoid you needing to repay any energy used under a Power Up application as a debt from your future top-up payments.
8.4 If you are experiencing difficulties in paying for your energy, please contact our Customer Services Team by emailing email@example.com or calling 0345 207 2000. We have a number of procedures in place to support those with short term, or longer-term payment difficulties. Please see our “Difficulties Paying” Code of Practice for more information.
8.5 Alternatively, please visit our “Know Your Rights” section on our website, available here: utilita.co.uk/help/know-your-rights.
9.1 Our App currently offers an online payment function via the Payment System. The performance and functionality of the Payment System may vary.
9.2 We do not guarantee that the Payment System, or any content on it, will be free from errors or that the service will always be available and uninterrupted.
9.3 We may suspend or change all or any part of Payment System without notice and which may restrict your ability to make a payment. It is your responsibility to allow sufficient time to make an alternative payment when topping up your account. We are not responsible for any losses or charges incurred by you as a result of the unavailability of Payment System.
9.4 You must not abuse or fraudulently use the Payment System, or any of the functionality within our App.
9.5 You must take care to use the correct account and payment details when inputting information into our App and/or the Payment System.
10.1 Except as expressly set out in the App Terms, you must not:
10.1.1 copy our App except where it is necessary for the purpose of backing-up of your device; and
10.1.2 use our App for business purposes or to generate income; and
10.1.3 use our App in an unlawful manner, for an unlawful purpose or in a way that is inconsistent with the App Terms; and
10.1.4 infringe our intellectual property rights, or the intellectual property rights of any third parties in relation to your use of our App; and
10.1.5 transmit any information that is defamatory, offensive or objectionable in relation to your use of our App; and
10.1.6 use our App in a way that could damage or compromise our systems or security, or that could interfere with other users; and
10.1.7 collect or harvest any information or data from our App or our systems or attempt to decipher any transmissions to or from the servers running our App; and
10.1.8 abuse or use our App for any fraudulent activity for your own or any other persons benefit.
10.2 If you do any of the above, we will take immediate action to remove your right to access and use our App.
11.1 Our App, and the services available through it, has been developed to function with devices compatible with iOS version 8 and/or Android version 4.4. It may not work on other devices. If you are having difficulties accessing our App or if you would like to speak to someone about your account, please contact our Customer Services Team by emailing firstname.lastname@example.org or calling 0345 207 2000.
11.2 If we need to contact you, we will do so by email, by SMS or by push message using the contact details you have provided to us. If you do not want us to contact you electronically, please tell our Customer Services Team by emailing email@example.com or calling 0345 207 2000 who will update your account preferences. It is important that you keep us updated with any changes to your contact details.
12.1 We explain what personal data we collect and what we use it for in our Privacy Information Notice. The following, additional terms apply when using our App and online services.
12.2 Your Smart Meter will automatically record data about your energy usage and send the data to us which helps us to provide our Services to you and allows you to use our App. The collection of data may happen once a day or at different intervals. Your bills are calculated using information about your usage collected from your Smart Meter(s). If we cannot access data from the Smart Meters, we may need to estimate your usage.
12.3 When you use the Payment System, you agree that we may retain relevant payment information and share this with third parties to enable the payments to be processed securely. If you register with the Payment System, they will hold your details so that you do not need to re-enter details each time you use the functionality.
12.4 Our App uses two types of cookies (an XSS cookie and a session cookie). A cookie is a small file of letters and numbers that we put onto your device. The session cookies support your use of our App whilst logged in and enables you to use our App's functionality. We also use "analytical cookies" which give us important information about our App usage to help us to continue to improve our App.
12.5 When we collect your energy usage data to provide our Services, we will create a profile of your premises. This profile will be used to give you tailored energy efficiency advice, inform you which household appliances are using the most energy and give you access to a history and/or pattern of energy usage of your premises.
12.6 We may store biometric information such as fingerprints and/or facial scans to enable you to open and unlock the App. We will only process this information where you have asked us to use this functionality by selecting this as an unlock option.
13.1 Our App may contain links to other third-party websites (“Third-Party Websites”) for your information only. We do not have any control over the content of these Third-Party Websites.
13.2 We are not responsible for the contents of any linked Third-Party Websites, or any changes or updates to such Third-Party Websites. You hereby agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted on any Third-Party Websites, including defamatory, offensive or illicit material, nor shall we be responsible or liable for any losses caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such linked Third-Party Websites.
13.3 Any links on our App to Third-Party Websites should not be construed as an endorsement, support, approval or recommendation by us of the owners or operators of those Third-Party Websites, or of any information, graphics, materials, statements, comments, opinions, products, or services referred to or contained on those Third-Party Websites, unless and to the extent stipulated to the contrary.
13.4 You agree to release us from any claims or disputes that may come from your use or access to any Third-Party Websites.
14.1 Whilst we encrypt data, internet transmissions are never completely private or secure, and any information you send using our App may be read or intercepted by others.
14.2 Whilst we take reasonable precautions, we do not guarantee that our App, the Payment System or any other services are free from viruses, and we recommend that you protect your own device using anti-virus software.
14.3 Our App gives you access to your account, and the Payment System, therefore you must keep your Device secure. We recommend that you close our App when you are not using it.
15.1 If you do not comply with the App Terms, we may stop you from accessing and using our App. We will tell you in advance if this happens, unless it is an emergency.
15.2 If we stop you from accessing and using our App, you must immediately stop accessing our App, delete and remove it from all devices and destroy any copies that you have. We may ask you to confirm that you have done this in writing.
16.1 We do not limit our liability to you for death or personal injury arising out of our negligence or fraudulent misrepresentation.
16.2 Our App and all the information contained therein (including, without limitation, names, images, pictures, logos, icons, information and material regarding or relating to any Utilita or Utilita group company products or services) is provided without any representation, endorsement, warranty or guarantee of any kind, express or implied (by law or otherwise).
16.3 We are only responsible for foreseeable loss or damage that is caused by our failure to comply with the App Terms, or where we do not use reasonable skill and care. If you suffer loss as a result of our failure under the App Terms, our total aggregate liability to you for all claims is limited to £10,000 for any one event or series of connected events in any 12-month period.
16.4 We are not responsible for unforeseeable losses, or any other loss or damage that you may incur which is not an obvious consequence of our failure, or where the failure is due to circumstances that are beyond our reasonable control. We are not responsible for any indirect, special or consequential losses you may suffer, including but not limited to any business losses or disruption to business activities carried out at your premises. If you hand your device to any of our personnel whilst we are providing our services, we are not liable for any accidental loss or damage they may cause unless such damage is wilfully caused.
16.5 We are not responsible to you for any loss or damage that you may incur, including without limitation, if:
16.5.1 our App or any communication via our App (such as SMS or email communications) is unavailable or contains errors; or
16.5.2 you are unable to access our App because of any third-party service provider (such as any mobile phone operator, internet provider or engineer); or
16.5.3 you provide or input incorrect or inaccurate information required for the use of the Payment System (such as providing the incorrect energy reference account number or payment details).
17.1 Our App is currently provided free of charge, but we may need to introduce a charge for our App, or some of its services. If we do introduce any charges for using our App, we will notify you in advance so that you have enough time to decide if you wish to continue using our App.
17.2 Sometimes we need to vary the App Terms to reflect changes in the law or best practice. Please check the App Terms every time you use our App to make sure you fully understand the terms and conditions that apply. Where possible, we will let you know about any changes in a reasonable time before they take effect. If the change is to your benefit, we may make the change and tell you afterwards. We may also display the updated App Terms on-screen on your device or you may be required to read and accept them to continue your use of our App.
17.3 We may also, from time to time, need to update our App (automatically or otherwise) to improve performance, functionality or security. If you do not install these updates, or if you opt-out of automatic updates, you may not be able to continue to use our App.
17.4 We will let you know when any new functionality becomes available as part of any update to our App. We may display details of the updated and/or new functionality on-screen on your device. Any updates or upgrades we offer will be subject to the App Terms.
17.5 We may decide to stop providing our App. Accordingly, we may cancel and remove our App from the app store at any time without giving notice to you. However, where possible, we will let you know about any decision to cancel and remove our App in a reasonable time before it takes effect. If you have downloaded our App before we have removed it from the app store, you will continue to have our App on your Device however we will not be aware or take action in relation to any data, including any meter readings, that you input into our App. We recommend that you delete our App from your Device if we cancel and remove our App from the app store.
18.1 If any provision of these App Terms is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
18.2 Our App Terms shall be governed by the laws of England and Wales and disputes arising shall be dealt with by the English courts. If the address of your premises is in Scotland, your statutory rights are not affected.
On 1 February 2022, we updated our Utilita Jackpot Terms & Conditions (“Terms”) to help clarify and make it easier to understand what to expect as you use the service. You can review the updated Terms here. (These updated terms were posted to our website on 30th November 2021)View Terms
For a copy of our previous Utilita Jackpot Terms & Conditions, please get in touch with us.
Utilita is committed to the operation of fair processes in relation to the collection and use of personal information. This Privacy Information Notice explains how we will use your personal information in connection with our Utilita Jackpot and is in addition to our terms & conditions for the draw which can be found here
Utilita Energy Limited is the controller in respect of personal information used in connection with the operation and management of the Utilita Jackpot. If you have any questions or concerns in relation to this Privacy Information Notice you can contact our Data Protection Officer at DPO@utilita.co.uk or write to us at Utilita Energy, Hutwood Court, Bournemouth Road, Chandlers Ford, Eastleigh SO53 3QB.
Our processing of your personal information in connection with the Utilita Jackpot is separate to our processing to provide you with energy. Details of our Privacy Information Notice for our core business activities can be found here.
The information that we process to operate the draw is taken from the information set out in your energy account. We use your [name, address, account number, email address and phone number].
We only collect additional personal data from you if:
We use this information to operate the Utilita Jackpot, and identify you to award any prizes. We will also publish some information about you if you are a winner. Further details about publication of winner's details are contained in the Utilita Jackpot terms & conditions.
We may share your information with:
We may use your contact details to send you information by letter, email, text message or phone about the Utilita Jackpot, and any prizes that you may have won. We will contact you by electronic means unless you have told us this is not suitable for your needs.
We may also use your information to let you know about opportunities to gain additional tickets for any one or more draws in accordance with the terms of this Privacy Information Notice and we will only contact you with information about our services where you have agreed to receive such information from us.
If you do not want us to use your data in this way, please tick the box on the form in which we collect your data. If you change your mind about being contacted for marketing purposes please tell our Customer Services Team.
You may opt out of the Utilita Prize draw at any time by sending us an email to firstname.lastname@example.org or a letter to Utilita Jackpot, Hutwood Court, Bournemouth Road, Chandlers Ford SO53 3QB containing your Name, Address and Customer Reference Number and put "Utilita Jackpot Opt Out" in the subject line of your email or at the top of your letter.
Information we hold about you is stored on secure servers that are protected from external access using best practice in information technology. Staff access our systems by individual password protected schemes, which limit access to your data to those who need to use it to provide our Services
Some of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that where we use certain service providers, we use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
Under Data Protection law you have rights to protect and look after your personal data.
You have the right to ask us for your personal information that we hold and process about you. This is known as a subject access request.
You can prevent the use of your personal information for marketing purposes. You can set your marketing preferences by ticking the boxes on data collection forms. If you change your mind, please tell our Customer Services Team. Even if you refuse marketing, we will still contact you to advise you that you have won a prize and will not exclude you form a draw unless you opt out of this scheme.
You can also ask:
The rights set out above may apply in limited circumstances, and we may not always be able to comply with your request to exercise these rights. We will try to respond to a request to exercise your rights within 1 month.
If you are unhappy with the way we handle your personal information, please contact our Data Protection Officer at DPO@utilita.co.uk. We will try to address your concerns, you can also complain to the Information Commissioner who is the relevant regulatory body.
Any changes that we may make to this Privacy Information Notice will be posted online or included in communications to you from time to time.
1.1 We are Utilita Energy Limited, of Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB, registered in England – 04849181 – and with VAT number: 823818422 (“Utilita” or “we”) and we are the promoter of the Utilita Trial.
1.2 From time-to-time, Utilita will run promotions for eligible customers to participate in trials (“Trial”) and receive a Reward. When Utilita runs a Trial, these terms & conditions (“General Terms”) will apply.
1.3 Each Trial may also have individual terms & conditions that will apply and will be made available with each applicable Trial (“Trial Terms”).
1.4 By entering any Utilita Trial, you are agreeing to be bound by these General Terms and the Trial Terms (together “Terms”).
1.5 In the event of any conflict between the General Terms and the Trial Terms, the Trial Terms shall take precedence.
1.6 If there are any issues or questions regarding a Trial, please email: email@example.com.
2.1 Trials are open to current Utilita gas and electricity customers who are resident in the UK (excluding Northern Ireland), aged 18 years or over, who are not in the process of leaving Utilita during the Trial or at the time of being awarded a Reward, and have given their consent to receiving marketing communications from Utilita, excluding employees of Utilita Energy Limited (“eligible customers”).
2.2 Additional eligibility requirements may apply and will be set out in the relevant Trial Terms.
2.3 Only eligible customers will be capable of participating a Trial and claiming a Reward. If you are not the account holder of the live supply of electricity and/or gas (i.e. the Utilita customer), you must get permission of the account holder to take part in a Trial.
2.4 A Reward can only be redeemed once per Eligible Customer per Trial.
2.5 You are responsible for inaccuracies of the data submitted through each Trial. By participating in a Trial:
(a) You are agreeing to be bound by the Terms; and
(b) You are confirming that you are an Eligible Customer capable of participating in a Trial and claiming a Reward.
2.6 Entries not complying with the Terms will be deemed invalid.
2.7 Utilita reserves the right to verify the eligibility of entrants. Utilita may require such information as it considers reasonably necessary for the purpose of verifying the eligibility of participants and the Reward may be withheld until and unless Utilita is satisfied with the verification.
2.8 Utilita reserves the right to refuse entry or refuse to award the Reward to anyone in breach of the Terms.
2.9 Upon confirming eligibility, the Eligible Customer’s details may be passed onto a third-party company to facilitate and/or arrange delivery of the Reward. Further details of the third-party company will be included in the applicable Trial Terms.
3.1 eligible customers can claim a free reward from Utilita, subject to the qualifying criteria set out in the applicable Trial Terms (“Reward”).
3.2 The details of each Trial and any Reward will be set out in the applicable Trial Terms.
3.3 Rewards are subject to any relevant opening and closing dates for the applicable Trial, as specified in the applicable Trial Terms.
3.4 Once you submit an entry, the information supplied cannot be amended. Multiple attempts to enter a Trial will not be counted.
3.5 Rewards are subject to availability. Utilita provides no guarantee that the Rewards will remain available throughout the duration of the applicable Trial.
3.6 Utilita will contact you personally as soon as possible after the closing date for each Trial. It is important that you keep your account details up to date so that Utilita can contact you. Utilita will continue to make reasonable efforts to contact you up to a maximum of 14 days following the closing of the relevant Trial.
3.7 If Utilita is unable to contact you after a reasonable period and/or unable to confirm eligibility or if any Reward is unclaimed or declined within a reasonable period, the Reward shall be deemed as unclaimed or unaccepted. Utilita is not responsible for any inability to take up or otherwise receive the specified Reward.
3.8 Each Reward is non-transferable, non-exchangeable and may not be resold. No cash or equivalent, or alternative, will be offered or given at your request. Utilita reserves the right to substitute a Reward of similar value in the event of non-availability of the Reward or the Reward cannot be awarded for reasons beyond Utilita’s reasonable control. In the event you do not accept the substitution, you will forfeit their right to the Reward.
4.1 If you are eligible to receive a Reward, you must do the following in order to claim the Reward by:
(a) Tell Utilita you wish to accept your Reward by responding to Utilita’s message; and
(b) Complete Utilita’s standard account verification procedures; and
(c) Provide any proof of identity or address that Utilita requires; and
(d) Provide any further details that Utilita reasonably requires to deliver or provide the Reward to you.
4.2 Once you have claimed a Reward, Utilita will aim to deliver, provide or transfer the Reward to you within 14 days. For some Rewards, this may not be possible. In these circumstances, Utilita will work with you to ensure you receive your Reward as soon as reasonably possible and are regularly informed as to the estimated date that you will receive their Reward.
4.3 The Reward may not be claimed by a third party on your behalf, but Utilita may (in its sole discretion) make reasonable adjustments on a case by case basis to allow you to claim a Reward.
4.4 Utilita does not accept any responsibility if you are not able to take up a Reward.
4.5 Where the Reward is to be redeemed with a third-party company, e.g. gift cards, additional restrictions may apply. The Trial Terms will specify any additional and/or third-party company terms & conditions in relation to the Reward.
4.6 Where the Reward to be redeemed for attendance at a specific venue, you and any permitted companions will be solely responsible for travel to and from the venue and all other expenses. Utilita assumes no responsibility and is not liable for any costs, charges or expenses which you may be required to pay at any time in connection with a Reward. Events may occasionally be cancelled for reasons outside Utilita’s control. Utilita will endeavour to promptly update any relevant information but will not be liable for any change of date or venue or cancellation of any event. Additional terms of entry specified by the venue will also apply.
5.1 So far as it is permitted by law, all conditions, warranties and representations expressed or implied by are law are hereby excluded.
5.2 So far as it is permitted by law, Utilita and its associated companies and agents are not responsible for:
(a) direct, indirect, special or consequential loss, damage, disappointment, personal injury or death
occurring as a result of taking up the Reward, except where it is caused by Utilita’s, its agents or its
distributers negligence or that of their employees. Your statutory rights are not affected; or
(b) any unforeseeable losses and liabilities, or any other loss or damage that you may incur which is not an obvious consequence of providing a Trial or Reward, or where the failure is due to circumstances that are beyond Utilita’s reasonable control, including but not limited to:
(i) any postponement or cancellation of a Trial;
(ii) any inaccuracies of data submitted by you;
(iii) any incorrectly completed, lost or delayed notices, acceptances, tickets or other documents or Rewards related to a Trial(s);
(iv) any changes to the supply (including where the Reward does not reach you) or cancellation of or use of the Reward; and/or
(v) any act or default by you or your guest resulting in you or your guest being unable to activate the Reward (and/or any elements of it) which is beyond Utilita’s reasonable control, including (without limitation) communications failure with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of a Trial or Reward, inaccessibility, unavailability or any kind of failure of the internet, any relevant website, mobile phone network, any software, any hardware or any combination thereof.
6.1 Utilita is committed to protecting and respecting your privacy and will only use your personal information for the purposes of each Trial that you may enter and in accordance with these Terms. By entering a Trial, you agree that any personal information provided by you with your entry may be held and used by Utilita or its agents, suppliers and other applicable third parties in order to administer the Trial and/or the Reward.
6.2 For more information about your privacy and rights, please read Utilita’s Privacy Information Notice – Utilita Competitions here: https://utilita.co.uk/extra. If you have any questions or concerns in relation to this Privacy Information Notice, you can contact Utilita’s Data Protection Officer at DPO@utilita.co.uk or write to Utilita Energy Limited, Hutwood Court, Bournemouth Road, Chandlers Ford, Eastleigh SO53 3QB.
6.3 The details for any applicable third-party privacy notices will be set out in the applicable Trial Terms.
7.1 Utilita reserves the right to hold void, suspend, cancel, or amend a Trial, the Terms or a Reward at any time with immediate effect, without prior notice and without liability to you.
7.2 Utilita reserves the right to correct any technical errors in the administration of any Trial and/or Reward and/or the Terms with immediate effect and without liability to you; for example, where a technical error results in account holder(s) being unfairly advantaged or disadvantaged.
7.3 In the event of fraud, abuse, and/or an error affecting the proper operation of a Trial, including the allocation of more Rewards than are available, Utilita reserves the right to declare a claim for a Reward void without liability.
7.4 Utilita’s decision is final. No correspondence will be entered into with any Eligible Customer or any other third party.
7.5 If any provision of the Terms is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
7.6 These Terms shall be governed by the laws of England and Wales, and each party submits to the exclusive jurisdiction of the courts of England and Wales.
From time-to-time, Utilita will run promotions for eligible customers to receive a reward in exchange for agreeing to have the latest generation smart meter installed in your home. When Utilita runs a promotion, these terms & conditions (“General Terms”) will apply.View Terms
Utilita Energy Limited, Hutwood Court, Bournemouth Road, Chandler’s Ford, Eastleigh, SO53 3QB
Registered in England & Wales No: 04849181 Regulated by Ofgem