This section explains that you are entering into a legally binding agreement, describes how and when your Contract for Services starts and what to expect at the start of your journey with us. ‘Services’ includes gas, electricity and any other products we may offer such as telecoms or broadband.
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 You agree that you are the owner or occupier of the building or dwelling, and it is used for domestic purposes only (“Premises”) (or you will be at the time you require the Services to start) and that you are able to enter into this Contract.
1.3 Your Contract with us includes your Application which you completed in person over the phone or online; these Terms; your Tariff Information Sheet (which contains your prices and payment method) and any promotional offers made to you as part of your Application. Some of our Services have special terms, and we will tell you about these terms when you ask us to provide those Services.
1.4 Your Contract starts on either the date you sign your Application; when you verbally agree to contract with us over the phone; or the date we receive your completed online Application.
1.5 We will give you details of our current prices as part of your Application. Our current tariffs are also available online at utilita.co.uk/prepayment/utilita-tariffs or by contacting our Customer Service Team. We will charge you VAT at the applicable rate for all Services we supply.
1.6 If you change your mind about using our Services, you have a 14 day cooling off period starting on the date you enter into the Contract with us in which you can cancel the Contract. To do this you can sign and return the cancellation form enclosed with your Welcome Book, email us, or call the Customer Services Team. Your Contract will be cancelled from the date that we receive your notification to cancel and we will not supply any Services to you.
This section explains when and how we will begin supplying Services to you.
2.1 Unless you ask us to start supplying Services earlier, we will not provide you with Services under this Contract before the end of the cooling off period, however we may start the process of transferring you to our supply during this time. Your Supply Start Date will be either:
2.2 Before we start to supply energy Services, we may need a meter reading(s). You can give this by phone or email. If you do not give a meter reading we may either estimate a reading, or ask one of our representatives to visit your Premises to take a meter reading. You agree that you will allow access to your Premises for our representative to do this safely.
2.3 We aim to complete the transfer from your existing energy supplier within 21 days from the end of your cooling off period. If you have not given us the information that we need, the switch may be delayed. If your existing supplier objects to the switch your Contract will still exist and we will work with your existing supplier to try to complete the transfer of supply for you.
2.4 We do not guarantee that it is possible to switch suppliers. If we cannot make the switch for any reason we will contact you to tell you, and we will end your Contract. Whether or not you leave the Premises, if you change your energy supplier, you still have to pay all unpaid sums owed against 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.
2.5 If you have a prepayment meter at your Premises and transfer to us using the Debt Assignment Protocol we will transfer any existing debts onto your new meter(s). If you have a credit account and we have agreed to accept your debt, we will transfer the debt onto your new account. Any payments you make to us, will be split between any unpaid sums owed and ongoing energy usage we supply.
Our service is designed around the use of Smart Meters. This may be an electricity and/or gas meter, together with associated communications equipment, and an In-Home Display (“Smart Meter”). This section explains how we install and manage a Smart Meter and how data is collected.
If you do not have a Smart Meter, you will continue to use your existing metering equipment until a Smart Meter is installed. We will supply through the existing equipment, although you will not have access to all our services. Obligations and responsibilities in these Terms apply to both Smart Meters and existing metering equipment.
3.1 If you do not have a Smart Meter at your Premises, or we cannot operate the meter you do have, we may install one for you. We will arrange an appointment with you for the installation. If you cancel on the day, we may charge you for the cancelled appointment.
3.2 We will supply you on our Smart Meter tariffs even if you do not have a Smart Meter installed until we are able to complete the installation. If you repeatedly refuse to allow us, or our representatives, to install a Smart Meter, we may transfer you onto our Premium Energy Tariff, for non-Smart Meter usage. As this may be more expensive, we will give you 14 days’ notice of this change.
3.3 Your Smart Meter is owned by us, or our representatives. You are responsible for looking after your Smart Meter, and for keeping all pipes, fittings and equipment in good working order. You agree not to remove or damage or allow anyone else to remove or damage, the Smart Meter or any other metering equipment (including the communications equipment or keypad or display). If you notice any damage or tampering, you must tell us straight away. We may charge you for the costs of repairing or replacing damaged equipment where it has not been looked after properly, this may include replacement top up cards or In-Home Displays.
3.4 We may be able to repair, or update your Smart Meter, or change it to prepayment, remotely without the need to visit your Premises in person.
3.5 Your Smart Meter will record data about your energy usage and technical data from the meter and send the data to us. We will collect data automatically and you do not need to do anything unless you want to change the frequency of the data we collect. The collection of data may happen once a day or at different intervals. We will charge you for your energy using information about your usage collected from your Smart Meter(s). If we cannot access data from the Smart Meter(s), we may need to estimate your usage.
3.6 The Smart Meter records data half-hourly. We would like to use this data in order to ensure we minimise the costs of energy, but can only obtain it with your consent. By entering into this Contract you are opting in, and giving your consent to allow us to collect this half-hourly data. We will continue to collect this half-hourly data unless you tell us not to.
3.7 We do not need your consent to collect a monthly meter reading. We will collect daily meter data every day unless you contact us to ask us not to.
3.8 We will remind you at intervals what data collection frequency you have chosen and how you can change this if you want to. If you do not tell us to make a change, we will continue to use your existing choice.
3.9 If you do not have a Smart Meter or we cannot connect to your Smart Meter to collect data, you will need to continue to provide us with meter readings, in which case we make ask you for meter readings at intervals.
You agree to pay us for the Services that you use. This section explains how we charge for our Services, how you can pay us and how we deal with payment difficulties.
4.1 Where you choose to use prepayment, you can top up your meter using the top-up card that we supply to you via a range of options which are described in more detail in our Code of Practice on Paying for your Energy at utilita.co.uk/help/codes-of-practice.
4.2 If you chose to receive a bill for payment, you must pay by the date set out on the bill. We will usually issue bills monthly or quarterly. Details of how to pay a bill are set out in our Code of Practice on Paying for Your Energy at utilita.co.uk/help/codes-of-practice.
4.3 You may use our Apps to review your account information and pay your bill and any outstanding charges. Before using our Apps you will be asked to accept additional terms and conditions. You can only use these Apps if you consent to your data (including but not limited to data about your account, your meter and meter readings) being transferred to us. You will also need to consent to us collecting and using half hourly data from your Smart Meter for us to be able to provide these optional Services.
4.4 If you have any difficulty in making payments for our Services or believe that you will have difficulty, you should contact us as soon as possible to explain your position so we can work with you to try and help you. If you are living with a vulnerable person it is even more important that you contact us as soon as you get into payment difficulties.
4.5 You can find more information on how we deal with payment difficulties in our Customers in Difficulty Code of Practice which you can find at utilita.co.uk/help/codes-of-practice.
4.6 If you do not pay for our Services or do not pay in a timely manner, we may incur additional costs related to recovering the payment from you, which we will pass on to you. We may ask you to pay for our Services by an alternative method.
4.7 If you dispute a charge, please let us know as soon as possible. You are responsible for paying any undisputed charges.
4.8 If you are late in making a payment, we may impose a late interest charge at a rate of 4% above our nominated high street bank base rate. We may also charge a Payment Administration Fee as set out in our Code of Practice on Paying for your Energy at utilita.co.uk/help/codes-of-practice.
4.9 If you have more than one account with us, we may use money paid to one account to pay off outstanding money owed to us on your other accounts.
4.10 If we are concerned about your ability to pay the charges relating to your supply if you are a credit customer, or if we are concerned that you may bypass or damage a meter, we may ask you to pay us a fair and reasonable security deposit. Unless we notify you otherwise, this security deposit will be returned to you within 12 months after we receive the deposit from you. We may use this security deposit to offset sums owed to us.
4.11 Any action or attempt by you to amend or bypass any metering equipment, misuse a prepayment meter, consume energy without paying for it, or use the supply of energy for illegal activities may constitute a criminal offence.
4.12 Where we become aware of inappropriate behaviour or an allegation an offence may have been committed, we will investigate these allegations and will act in accordance with our regulatory standards. This may include passing information about you to the police.
4.13 Where we undertake revenue protection activities this may result in extensive charges being made to your account including (but not limited to) the cost of any investigation, warrants and associated costs, and the costs of any subsequent court case.
4.14 You can find out more information about our revenue protection activities by reading our Paying for your Energy Code of Practice at utilita.co.uk/help/codes-of-practice
This section explains how we will operate your account on a day to day basis, and how we will engage and interact with you.
5.1 You are responsible for ensuring the information you have given us is accurate and up to date. We ask you for an email address in your Application, and we will use this to contact you unless you ask us to use an alternative email or other form of communication. We may also communicate via SMS or social media where appropriate.
5.2 If you do not want us to contact you electronically, for example, because you do not have or cannot use email, please tell our Customer Services Team who will update your account preferences.
5.3 You are responsible for ensuring that you, and your household, co-operate with us in the supply of the Services, and comply with the requirements in these Terms.
5.4 If you have special or priority needs in relation to a Service then you must let us know either by calling our Customer Service Team or by writing to us at our address below. We publish a series of codes of practice that may be applicable to your circumstances and you can access these on our website at utilita.co.uk/help/codes-of-practice.
5.5 We will only offer these priority services where we are informed, and you give us consent to include your details on our confidential register of customers with special or priority needs. This enables us to respond appropriately to your needs.
5.6 You agree to allow us, our representatives or the network operator, to have access to your Premises at any time in an emergency, or where there is danger to people or property or where any statutory rights are being enforced, and at other times on reasonable notice to install, inspect, monitor, repair, replace renew, operate or disconnect your Smart Meter or other metering equipment. Please ensure that it is easily accessible when we or our representatives visit.
5.7 We may also need to visit you to work on your meter if you report any fault or problem with the meter to us.
5.8 We understand that to access the meter or equipment we are visiting your home, and for further information on what happens when we need to access your Premises and the security measures we can put in place, please read our Code of Practice on Arrangements for Site Access at utilita.co.uk/help/codes-of-practice.
5.9 From time to time we may need to make changes to these Terms, your prices or tariff information, or our Privacy Information Notice. We will publish changes online, or in other communications with you. Where we can do so and you have not told us this is not suitable for you, all such communications will be given electronically.
5.10 If we seek to change any of the terms of your Contract to your disadvantage (including increasing our prices) we will give you a minimum of 30 days’ notice in writing of the change, explaining the reason for the change, when it will take effect and the impact on you. Where we give you notice of a price change, we will only apply that change from the date we have told you.
5.11 If, following a notice, you wish to cancel the Contract, and we receive notice to switch suppliers within 20 days of the change taking effect, we will treat the change as ineffective and we will not apply the change in the period before you complete the switch to your new supplier, provided that the new supplier takes over your supply in a reasonable period of time.
5.12 If you have an outstanding debt, we may prevent your proposed transfer to a new supplier and tell you this is the case. If you pay your debt within 30 working days of us telling you, you can still transfer your supply and we will treat the change as ineffective.
5.13 If you are a prepayment customer and as a result of the above you want to change your supplier, please tell us about your switch as soon as possible so we can adjust the amount you have paid if we need to.
5.14 We try to provide an excellent service, but recognise that you may not always be happy with us or our Services. A copy of our Complaints Handling Procedure can be accessed at utilita.co.uk/contact/complaints complaints This will give you further information about our timescales for dealing with complaints and what you can do if you are not satisfied with our handling of your complaint, including contact details for the Energy Ombudsman where your complaint relates to the supply of energy.
From time to time it may be necessary to temporarily or permanently stop supplying Services to you under this Contract. This section explains the circumstances in which we and you are able to bring the Contract to an end.
6.1 If you wish to cancel this Contract you must give us notice to do so. You can contact us via email, our website or by calling the Customer Services Team.
6.2 If you are moving to a new home, you must tell us 2 working days before you move and provide a closing meter reading if you are not a prepayment customer. If you have a Smart Meter we may take this remotely if you have consented to data collection. If you do not give us an accurate meter reading, you may be required to pay us the difference between the estimated bill and the next meter reading.
6.3 If you do not tell us that you are moving, you will be responsible for paying for any energy used until either 2 working days after you do tell us or the date on which another person takes over the Premises.
6.4 If you wish to switch to a different energy supplier the Contract will continue until the switch is completed. We have the right to object to your proposed supply transfer for a number of reasons under our licence, including but not limited to: to prevent a mistake by another supplier, if you confirm you have not entered into a contract with a new supplier or where you have any outstanding charges or payments due under your account.
6.5 Even if you have cancelled this Contract or left the Premises, you will remain liable for any energy you have consumed, and any unpaid sums owing on your account, including emergency and/or friendly credit which has not been repaid. We may take reasonable steps to locate you and recover any sums owed to us after you have cancelled the Contract, and we may charge you additional sums to cover our costs to do so.
6.6 Sometimes we have to stop or restrict the supply of Services, or we may refuse to supply our Services under this Contract where:
6.7 Except in an emergency, we will try to work with you to minimise the interruption in the supply. If the suspension of the supply of Services is temporary, we will explain that to you. If the suspension is not temporary, we may cancel the Contract immediately.
6.8 We may cancel this Contract immediately if you are no longer the owner or occupier of the Premises or Ofgem or another relevant authority directs another supplier to supply energy to the Premise.
6.9 We may cancel this Contract at any time by giving you at least 3 months’ notice in writing. Unless you have told us otherwise, this notice may be issued by email.
6.10 If we lose our licence to supply Services to you, either you or we can cancel this Contract immediately.
6.11 Termination of this Contract will not affect any existing rights or obligations that you or we may have.
6.12 If you switch to another supplier, we will automatically refund any unused credit on your prepayment meter if you pay by prepayment. If you are a credit customer or pay by direct debit, any unused credit balance on your account will be included in your final bill and a refund issued if necessary.
6.13 You agree that we may transfer charges, credit or information relating to your energy to a new supplier in accordance with the law and regulations, including to enable us to manage any outstanding payments owed to us.
7.1 We may offer a Fixed Term Contract option. If so, and you would like to choose this, you will be asked to accept additional terms and conditions which will be provided to you as part of your application and which would then form part of your Contract.
7.2 Utilita is a Green Deal Supplier. If you would like to use our Green Deal Services you will need to sign up to our Green Deal Terms. You can find further information on the Green Deal, including our Green Deal Terms, please contact our Customer Services by emailing customerservices@utilita.co.uk
Standard Terms of Connection for the Supply of Electricity Only
8.1 Your local electricity distribution network operator has appointed us as an agent to obtain an agreement with you on standard terms of connection. We cannot start to supply you with electricity, if that is what we are agreeing to do, until that agreement is in force.
8.2 You agree that under this Contract we are supplying you with electricity and that we are acting on behalf of your electricity distribution network operator to agree with you a connection to the electricity distribution network. This Contract does not give you a legal right to have electricity delivered. The agreement is between you and the network operator and is subject to the National Terms of Connection (NTC). The NTC is a legal agreement which affects your rights and it will start when you enter into this Contract. To obtain a copy of the NTC or to ask any questions about it, please write to Energy Networks Association, 6th Floor, Dean Bradley House, 52 Horseferry Road, London, SW1P 2AF, phone 020 7706 5137, or you can find relevant information on the internet at www.connectionterms.co.uk.
8.3 We do not limit our liability to you for death or personal injury arising out of our negligence or fraudulent misrepresentation.
8.4 We are only responsible for foreseeable loss or damage that is caused by our failure to comply with these Terms or the Contract we have with you, or where we do not use reasonable skill and care. If you suffer loss as a result of our failure under this Contract, 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.
8.5 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.
8.6 If we cannot supply the Services to you because of a third party provider (such as the network operator) our total liability to you is limited to the amount that we recover on your behalf from that third party.
8.7 We collect data about you, your household, and your meter so we can provide the 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/privacy or you can call our Customer Services Team if you need a hard copy.
9.1 Sometimes we are required by law or regulation to transfer your Contract with us to another supplier without getting your consent, for example, if Ofgem tells us to do so.
9.2 Your Contract with us is personal to you, and you are not entitled to transfer it to another person without our written consent.
9.3 We may transfer or subcontract all or any part of our obligations to third party who holds appropriate authorisation, and your rights will not be affected. If you have paid a Security Deposit this will also be transferred.
9.4 Nothing in this Contract affects any statutory rights you may have under law.
9.5 If any part of this Contract is found to be invalid or unenforceable by any competent authority, this will not affect the validity of the remaining provisions of the Contract.
9.6 We can enforce any rights and obligations under this Contract even if there is a delay in doing so.
9.7 If the address of the Premises is in England or Wales, this Contract 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.
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 collect and use your personal information and is in addition to our terms and conditions of supply, which can be found above.
Utilita Energy Limited is the controller in respect of personal information used in connection with the supply of Services. 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.
We may process personal information about you whether or not you are an existing customer or we supply you under a Deemed Contract as a domestic customer. For more information about Deemed Contracts
| When and how we collect it | What we usually collect | Why we collect it | How long we will normally hold it for |
|---|---|---|---|
| Information you submit through the Application Process | Your name, address, email address and phone number, date of birth, relevant personal information to establish if you or anyone in your household is a vulnerable person. Meter Registration Number, and a meter reading(s). We may ask you for evidence of your identity or proof of residency. | To administer your account with us and to provide you with the Services. To verify your identity. To comply with our regulatory obligations under the terms of our licence. | While your account is active and for 6 years after your account has been closed. We keep information for longer where necessary in connection with our right to establish, commence or defend any legal actions. If you do not give us the information we may ask for, we may not be able to provide some or all of our Services. |
| Collecting MeteReadings | Data from the Smart Meter which automatically gathers and transmits meter readings and usage data on a half-hourly basis. We collect the data based on the frequency of meter data collection you have chosen. | To administer your account with us and manage the billing / payment process. We may use non-personal meter data (e.g. usage)to plan our Services and manage the availability of supply. | While your account is active and for 6 years after your account has been closed. |
| When you complete a form on our website or contact us by phone or email | Your name, address of supply and an appropriate contact point. | To deal with your enquiry, administer your account and support the provision of our Services. | While your account is active and for 6 years after your account has been closed. We keep information for longer where we need to in connection with our rights to establish, commence or defend any legal actions. If you do not give us the information we ask for, we may not be able to deal with your enquiry. |
| Where you chose to pay by direct debit | Your bank account information. | To process your direct debit payments and allocate payments to your account. | While your account is active and you continue to pay by direct debit, and for 6 years after your account has been closed. |
| If you use any of our other prepayment or top up online payment facilities. | Payment details, bank or payment card details, registration details as needed. | To process the payment and correctly allocate funds to your prepayment account. | While your account is active and you continue to top up by your chosen method, and for 6 years after your account has beenclosed. |
| Meter Registration Numbers (MPAN or MPRN) | We will collect the MRN, location data and other technical data relating to the specific Smart Meter. | We link this information to your account to manage the supply of Services to you. | While the Smart Meter is installed. This will be linked to your account whilst we retain account data. |
| Sensitive personal information about Vulnerable Users | Appropriate detail on the vulnerability you have told us about. | To enable us to supply any additional services needed or to which you are entitled due to the vulnerability. | While your account is active and for 6 years after your account has been closed. |
1.1 We collect information about you from a number of different sources including from you directly and from third parties.
1.2 We use this information to identify you, to provide the Services set out in our terms and conditions, to administer your account with us, to resolve issues with your account and your supply, to monitor and review our services with a view to making improvements and as required to comply with our licence.
1.3 We may collect and process information about your health or personal circumstances, and those of others living in the household to assist us to identify individuals who require additional protection as a vulnerable customer.
1.4 We may share your information with:
2.1 We may use your contact details to send you information by letter, email, text message or phone about your account. We may also contact you with optional account information including reminders to pay ahead of any dates that payment is due, if you would like to change the method for receiving the optional account information or you would like to add or remove this service please contact our Customer Services Team. We will contact you by electronic means unless you have told us this is not suitable for your needs.
2.2 We may use your information to let you know about other relevant Services that we have agreed should be made available to you but only 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.
2.3 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.
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 and 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 and 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, registered in England – 04849181.
We licence you to use our Balance Pay App (App) on these Terms (App Terms). You must tick the box(es) at the end of these App Terms to confirm that you agree to them before you can use the App. These App Terms supplement the Standard Terms and Privacy Information Notice applicable to your account which you can access by following this link: https://utilita.co.uk/terms. Together we refer to these as the "Terms". Using the App includes accessing the functionality contained in the App via an internet browser or other device.
The Standard Terms will apply if there are differences between the Standard Terms and the App Terms.
The app store from where you downloaded our App may also have its own policies and rules. If there are differences between the app store terms and these Terms, these Terms will apply.
You must be over 16 years of age to download and use our App.
By accepting these Terms you may download a copy of our App onto your device and view and use our App on that device for your personal use. You may only make a copy of our App incidentally, when you back up your device. Any updates or upgrades we offer will also be available on these Terms.
Our App allows you to view and manage aspects of your account with us, and allow you to pay your bills and manage charges on your account via the online payment system PayPoint. It will also allow you to generate e-cards that will allow you to top-up at a PayPoint outlet and give you the option of asking for a Power up.
We will let you know when new functionality becomes available.
Before you use this App, you will need to register and match your customer reference number with the postcode linked to the primary account holder's account. You are able to register multiple devices against the same primary account holder. All users who are registered to the account will have full access to the App functionality including the ability to view and change your information and make a request for e-cards or a Power up.
Registration and/or any de-registration notifications will be sent to the primary account holder's email address linked to their account.
Please take care when entering any meter readings online, to ensure that you have copied the values correctly. We will not always be able to check this with you.
We make reasonable efforts to provide you with up to date information but the information on our App is an estimate and may differ from the actual balance of your Smart Meter on your In-Home Display, or the information on your account. If you are not sure what your account balance is please contact a member of our Customer Services Team. It is your responsibility to ensure that you pay for your energy in good time, we are not responsible if you fail to do so.
You can find out more information about our services, how you can pay outstanding charges, how the online PayPoint system operates, and how you can manage your account with us by reading our Standard Terms or viewing our Codes of Practice.
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 using our App.
To access and use our App and receive real-time notifications about your account, energy usage and available credit (known as push notifications), you will need to be connected to the internet. You may be charged by a third party for the internet connection used to access our App, this may include roaming charges if you are using our App abroad. Please make sure you have the device bill payer's permission before incurring these charges. If you lose your internet connection whilst accessing the App you may not be able to continue accessing it, transactions may be interrupted and the information you see on the App may not be accurate or up to date.
We are not responsible for any of the App functionality not being available because you do not have an internet connection or any available data allowance on your device.
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.
You must own, or have permission from the owner of the device to download and use the 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.
We are committed to ensuring that the App is as useful and efficient as possible but this App does not replace your In-Home Display.
You must not:
If you do any of the above, your right to access and use our App will cease immediately.
We explain what personal data, we collect and what we use it for in our Privacy Information Notice which you can access here: https://utilita.co.uk/privacy and the following additional terms apply when using our App and online services.
If you change the information we hold about you on the App, the App will automatically record this, to help us keep your App account up to date. This will not automatically update the information we hold about you in our main systems, so please make sure you get in touch to let us know about important changes.
Your Smart Meter will automatically record data about your energy usage and send the data to us; this 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.
Your Smart Meter records data half-hourly – we can only use this half-hourly data with your consent. By accepting the App Terms and using the App, you consent to us collecting and using this data.
You may withdraw your consent to our collecting and using half-hourly data by contacting our Customer Services Team. If you withdraw your consent you will not be able to use our App.
When you use the online payment functionality, 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 online payment service, they will hold your details so that you do not need to re-enter details each time you use the functionality. If you use your camera to enable the payment, please read the additional privacy information which is set out in our Paying for your Energy Code of Practice.
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 the App whilst logged in and enables you to use the App's functionality. We also use "analytical cookies" which give us important information about your App usage to help us to continue to improve our App.
PayPoint uses its own cookies to distinguish individual users, which are different to the cookies in our App. Details of these cookies can be found at https://www.paypoint.com/en-gb/privacy-cookies.
We are able to provide this App free of charge because you have consented to us contacting you for marketing purposes. We may withdraw your access to the App if you withdraw this consent.
Our App may contain links to other websites that are not provided by us, and that we have no control over. It is your choice to use these websites – and we are not responsible. We recommend you check the content or privacy policies (if any) before you use any other website.
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.
Because this App gives you access to your account, and the PayPoint system, you must keep your mobile device secure and close the App if you are not using it. You are responsible for keeping all passwords and login details secure and confidential. If you suspect that someone else has access to your account please contact us immediately. The conditions relating to payment instructions set out in your Standard Terms apply in relation to this App.
Whilst we take reasonable precautions we do not guarantee that the App, PayPoint or any other services are free from viruses, and we recommend that you protect your own phone or device using anti-virus software.
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. PayPoint is made available under licence. If you comply with these Terms, we grant you a limited, personal, non-exclusive and non-transferable right to use our App and access PayPoint solely for your own personal use. You may only take a copy of content from the App or PayPoint for personal use, and not for any business reason.
Where the App includes open-source software, it is licenced on those terms.
This App, and the services available through the App have 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 Service Team by email or by phone.
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 who will update your account preferences. It is important that you keep us updated with any changes to your contact details.
Our App is currently provided free of charge, but we may need to introduce a charge for the App, or some of its services. If we do introduce charges for the App we will notify you in advance.
We may 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.
Sometimes we need to change these App Terms to reflect changes in the law or best practice. Please check these App Terms every time you use our App to make sure you fully understand the terms and conditions that apply. We will let you know about any changes in a reasonable time before they take effect. But if the change is to your benefit, we may make the change and tell you afterwards. The new terms may be displayed on-screen or you may be required to read and accept them to continue your use of the App.
If you do not comply with these Terms we may stop you from accessing and using our App. We will tell you in advance if this happens, unless we are required to revoke your access in an emergency.
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.
If the credit on your meter runs out, we offer Emergency Credit and Friendly Credit Hours to enable your supply to continue whilst you arrange a payment to top-up the credit on your meter. If you use these facilities and still run out of credit, you must repay them and get into credit by at least £1 to get back on supply.
Where you meet the criteria, you can apply for a Power up through the 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 Power up Code of Practice for more information.
If you are experiencing difficulties in paying for your energy please contact us to discuss. We have a number of procedures in place to support those with short term, or longer-term payment issues, please see our “Difficulties Paying” code of practice, which can be found at https://utilita.co.uk/help/codes-of-practice
We currently offer online payment via the PayPoint system. The performance and functionality of PayPoint may vary. We do not guarantee that the PayPoint system, or any content on it, will be free from errors or that the service will always be available and uninterrupted. PayPoint may suspend or change all or any part of PayPoint 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 PayPoint.
You must not abuse or fraudulently use PayPoint, or any of the functionality within the App.
You must take care when inputting information into the App or PayPoint to use the correct account and payment details.
We do not limit our liability to you for death or personal injury arising out of our negligence or fraudulent misrepresentation.
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.
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. If you hand your device to any of our personnel whilst we are providing services, we are not liable for any accidental loss or damage they may cause unless such damage is wilfully caused.
We are not responsible to you for any loss or damage that you may incur if:
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.
Utilita Energy Limited, Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB
Registered in England & Wales No: 04849181 Regulated by Ofgem
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