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 firstname.lastname@example.org
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.
You must tick the box(es) at the end of the App Terms to confirm that you agree to them before you can use our App.
1.1 We are Utilita Energy Limited, of Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB, registered in England – 04849181. "We", "Our" or "Us" shall be construed accordingly.
1.2 Our App is made available to you by Utilita Energy Limited in accordance with the App Terms.
2.1 In this Contract, these words have the following definitions:
2.2 Any terms defined in the Standard Terms shall have the same meaning when used in the App Terms unless we have specifically amended the meaning otherwise.
2.3 By downloading our App, the App Terms will automatically apply to you. Please make sure that you read the App Terms carefully before using our App
2.4 If you do not agree to the App Terms, you must immediately discontinue using, and uninstall, our App.
2.5 Our App Terms supplement and must be read in conjunction with the Standard Terms and Privacy Information Notice which you can access by following this link: https://utilita.co.uk/terms.
2.6 In the event of any conflict between the App Terms and the Standard Terms, the Standard Terms will apply.
2.7 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 our Appstore Terms, the App Terms will apply.
2.8 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.
3.1 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.
3.2 If you agree with the App Terms, we grant you a limited, non-transferrable, non-exclusive and revocable licence to use our App for your personal, non-commercial use and only on a Device as permitted by the applicable Appstore Terms.
3.3 Using our App includes accessing the functionality contained in our App via an internet browser or other Device.
3.4 The Utilita name and logo, and any other Utilita trademarks, service marks, graphics and logos used in connection with our App are trademarks of Utilita (together "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 our prior written permission.
3.5 Our App and the content featured within our App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to us and our licensors.
4.1 Our App allows you to view and manage aspects of your account with us, including but not limited to:
4.1.1 allowing you to pay your bills and manage charges on your account via the online Payment System; and
4.1.2 allowing you to generate e-cards that will allow you to top-up; and
4.1.3 giving you the option of asking for a Power Up.
4.2 You must be over 16 years of age to download and use our App.
4.3 Before you use our App, you will need to register and match your customer reference number with the postcode linked to the primary account holder's account.
4.4 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.
4.5 Device registration and Device de-registration notifications will be sent to the email address linked to primary account holder's account.
4.6 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.
4.7 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.
4.8 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.
4.9 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.
4.10 The information on our App is an estimate only and therefore 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 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.
4.11 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.
4.12 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.
4.13 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.
4.14 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.
4.15 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.
4.16 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.
4.17 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 every second and that we collect from time to time.
4.18 Please note that we can only use your Smart Meter every second data with your consent. By accepting the App Terms and using our App, you consent to us collecting and using this data.
4.19 You may withdraw your consent to our collecting and using every second 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.
4.20 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.
5.1 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 https://utilita.co.uk/help/my-utilita for more information.
5.2 Please note that we also offer Emergency Credit and Friendly Credit Hours. 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 £1 to get back on supply.
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.
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.
Alternatively, please visit our "Know Your Rights" section on our website, available here: https://utilita.co.uk/help/know-your-rights.
6.1 We currently offer online payment via the Payment System. The performance and functionality of the Payment System may vary.
6.2 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.
6.3 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.
6.4 You must not abuse or fraudulently use the Payment System, or any of the functionality within our App.
6.5 You must take care to use the correct account and payment details when inputting information into our App and/or the Payment System.
7.1 Except as expressly set out in the App Terms, you must not:
7.1.1 copy our App except where it is necessary for the purpose of back-up of your Device; and
7.1.2 use our App for business purposes or to generate income; and
7.1.3 use our App in an unlawful manner, for an unlawful purpose or in a way that is inconsistent with the App Terms; and
7.1.4 infringe our intellectual property rights, or the intellectual property rights of any third parties in relation to your use of our App; and
7.1.5 transmit any information that is defamatory, offensive or objectionable in relation to your use of our App; and
7.1.6 use our App in a way that could damage or compromise our systems or security, or that could interfere with other users; and
7.1.7 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
7.1.8 abuse or use our App for any fraudulent activity for your own or any other persons benefit.
7.2 If you do any of the above, we will take immediate action to remove your right to access and use our App.
8.1 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.
8.2 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.
9.1 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.
9.2 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.
9.3 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.
9.4 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.
9.5 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 to you for any loss or damage that you may incur if you use these websites. We recommend you check the content or privacy policies (if any) before you use any other website.
9.6 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.
9.7 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.
10.1 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.
10.2 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.
10.3 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. 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 our Customer Services Team immediately 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.
11.1 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.
11.2 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.
12.1 We do not limit our liability to you for death or personal injury arising out of our negligence or fraudulent misrepresentation.
12.2 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.
12.3 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. 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.
12.4 We are not responsible to you for any loss or damage that you may incur, including without limitation, if:
12.4.1 our App or any communication via our App (such as SMS or email communications) is unavailable or contains errors; or
12.4.2 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
12.4.3 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).
13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 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.
14.1 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 the Premises is in Scotland, your statutory rights are not affected.
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”, “we”, “our” or “us”) and we are the promoter of the Utilita Jackpot.
2.1 The title of the promotion is the "Utilita Jackpot".
2.2 Utilita Jackpot is a monthly prize draw that is free to enter for all eligible Utilita energy customers (see the eligibility criteria set out below). You don’t need to do anything to enter, we do all the hard work for you.
2.3 All eligible Utilita domestic energy customers have the chance to win one of the great prizes on offer (see "The prizes" section below).
3.1 We understand that not everyone will want to be part of the Utilita Jackpot. If you do not want to be part of the Utilita Jackpot, you can opt out at any time up until the Closing Date by any of these methods:
3.2 Once we have received your request to opt out, we will not enter you into any future Utilita Jackpot draw, even if you meet the eligibility criteria. If you change your mind, you can opt back into the Utilita Jackpot draw by any of these methods:
3.3 If you decide to opt back into the Utilita Jackpot draw and you meet the eligibility criteria, you will be entered into the next monthly draw.
3.4 If you do not opt out of Utilita Jackpot or you decide to opt back into the Utilita Jackpot, you will be bound by these terms and conditions in the operation of the Utilita Jackpot. These terms do not affect any other services provided by Utilita.
4.1 Utilita Jackpot is a monthly prize draw, giving you a new chance to win every month.
4.2 The prize draw will run from 00:01 on first day of each calendar month (the "Opening Date") to 23:59 on the last day of each calendar month (the "Closing Date") inclusive.
4.3 To enter the Utilita Jackpot all you need to do is check that you meet the eligibility criteria below and importantly, make sure your account details are up to date so that we can contact you if you win.
4.4 Entrants for each monthly prize draw must be opted into the Utilita Jackpot and meet the eligibility criteria on the Opening Date to be included in that monthly prize draw.
5.1 Each eligible Utilita domestic energy account will qualify for 1 entry ticket into each Utilita Jackpot draw.
5.2 From time to time we may offer other opportunities for you to earn extra tickets for the Utilita Jackpot for a range of activities such as being a loyal customer, for completing customer surveys or for referring a friend to Utilita.
5.3 If there is an opportunity to gain extra tickets for one or more Utilita Jackpot draws, we will provide details of any activities that can earn additional tickets and their eligibility criteria here extra.utilita.co.uk/jackpot. We may add, remove and change the opportunities and their eligibility criteria from time to time at our sole discretion and without any liability to you.
5.4 We will always publish any changes to opportunities to gain extra tickets for an upcoming Utilita Jackpot draw (including adding a new and ongoing opportunity or the removal of and/or an amendment to a current opportunity) at least 28 days before the Opening Date of the draw they apply to.
5.5 Notwithstanding clause 5.4, we may from time to time wish to introduce a one-off opportunity to gain extra tickets for a Utilita Jackpot draw (a “One-off Event”). We reserve the right to introduce a One-off Event on giving 14 days’ notice to you, either before, on or after the Opening Date. Each One-off Event we introduce will expire on the Closing Date of the draw they apply to.
5.6 If there are no extra tickets to be gained for a monthly Utilita Jackpot draw, the prize draw will include the base tickets awarded only.
5.7 Some activities may give you an extra ticket for each draw going forward whilst you continue to meet the eligibility criteria. Other One-off Events, such as completing a survey, may give you an extra ticket for one specific draw. You will need to check the eligibility criteria to understand how these additional tickets operate.
5.8 We will not accept additional tickets that:
Any accounts or account holders found to be using such methods will be disqualified from the current Utilita Jackpot draw and all future draws.
6.1 The Utilita Jackpot is only open to Utilita domestic energy account holders resident in the UK (excluding Northern Ireland) aged 18 years or over, except:
6.2 If you do not opt out of the Utilita Jackpot, you confirm that you are eligible to take part in the Utilita Jackpot and eligible to claim any prize you may win. We may require you to provide written proof that you are eligible to participate in the Utilita Jackpot.
6.3 We reserve the rights to exclude you from the Utilita Jackpot and/or disqualify you from the current draw and all future draws if your conduct is contrary to the spirit or intention of the prize draw.
7.1 As the Utilita Jackpot is a monthly prize draw, the prizes available may change from month to month. You can keep track of the prizes to be won as follows:
7.2 Although the exact prizes available may change from one prize draw to the next, we promise that there will be:
7.3 We reserve the right to substitute any of the prizes with a prize of equal or greater value, which may include substituting a non-cash prize with a cash alternative.
7.4 Where a prize comprises event tickets, the prize does not include any travel expenses, accommodation or food and drink at the event itself unless expressly stated. Where a prize comprises a holiday, the prize only includes the elements (such as flights, transfers, accommodation and meals) that are expressly stated in the details of the prize.
7.5 The prizes are not negotiable or transferable.
8.1 The winner of each prize will be drawn at random during the first two weeks of each month following the Closing Date for that draw (the “Winning Draw”). Reserve winners will be drawn at the same time to allow for the possibility that a prize may go unclaimed and needs to be redrawn.
8.2 Unclaimed prizes following the initial draw will be redrawn up to 2 further times. If a prize has not been claimed by the end of this process, the prize will be permanently withdrawn.
8.3 Prizes that have been permanently withdrawn will not be rolled over and added into the next draw.
8.4 To give all our eligible account holders the best chance of winning a prize, only one prize may be won by each account holder in each draw. If an account holder has multiple winning tickets they will receive the highest value prize they are eligible for, and all other prizes will be redrawn.
8.5 We must either publish or make available information that indicates that a valid award took place. To comply with this obligation, we will publish the surname and county of major prize-winners on our website extra.utilita.co.uk/jackpot within 10 days of the Winning Draw (the "Announcement Date"). This information will also be made available to members of the public on request.
8.6 If you object to your surname and county being published or made available, please contact us at email@example.com as soon as possible. Your objection will be applied to any future prizes that you may win. Please note that even if you object, we are still required by law to provide this information to the Advertising Standards Authority on request.
8.7 We will contact the winner personally as soon as possible after the Announcement Date, using the telephone number or email address listed in the winner's Utilita account details. It is important that you keep your account details up to date so that we can contact you if you have won. We will continue to make reasonable efforts to contact you up to a maximum of 14 days following the Announcement Date.
8.8 We reserve the right to request written proof of a winner's identity (usually in the form of a certified copy of the winner’s passport or driver's licence and proof of address in the form of a utility bill). In the event that a winner cannot provide us with proof of identity which is reasonably acceptable to us, we may withdraw the prize and select another winner using the process described above.
8.9 Each draw will be overseen by 2 members of our senior management team.
8.10 The Utilita Jackpot draw process and infrastructure will be audited annually by specialist competition/prize draw auditors.
8.11 Where a winner has a debt on any of their accounts with us, we may, in our sole discretion, set off the value of the prize against the value of the debt and award the winner with the remaining value of the prize.
9.1 If you are the winner of the prize, you will have 14 days from the Announcement Date to claim the prize by:
If you do not claim the prize by this date, your claim will become invalid. In these circumstances, the prize will be deemed unclaimed and redrawn in accordance with clause 8.2.
9.2 Once a winner has claimed their prize, we will aim to deliver, provide or transfer the prize to them within 14 days. For some prizes, this may not be possible (for example if we offer, a holiday or a car). In these circumstances, we will work with winners to ensure they receive their prizes as soon as reasonably possible and are regularly informed as to the estimated date that they will receive their prize.
9.3 The prize may not be claimed by a third party on a winner's behalf, but we may (in our sole discretion) make reasonable adjustments on a case by case basis to allow as many winners as possible to claim their prizes.
9.4 We do not accept any responsibility if a winner is not able to take up their prize.
10.1 To the extent that we are allowed to by law, we, our agents and our distributors will not in any circumstances be responsible or liable to compensate a winner or accept any liability for any loss, damage, disappointment, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of us, our agents or our distributors or that of their employees. Your statutory rights are not affected.
11.1 We will only process your personal information as set out in the extra.utilita.co.uk/jackpot. See also clause 8.5 and clause 8.6, with regard to the announcement of winners.
12.1 If there is any reason to believe that you have breached these terms and conditions, we may, at our sole discretion, reserve the right to exclude you from participating in the Utilita Jackpot or any future prize draw or competition.
12.2 Without prejudice to our rights under clause 5, we reserve the right to make changes to these general terms and conditions, at our sole discretion, upon giving you at least 28 days’ notice. Any change to these general terms and conditions will not take effect during a Utilita Jackpot draw and will only apply from the Opening Date of the next monthly draw upon expiry of the 28 days’ notice. Any changes to these terms and conditions will be posted here extra.utilita.co.uk/jackpot
12.3 We reserve the right to hold void, suspend, cancel, or amend the prize draw where it becomes necessary to do so with immediate effect and without liability to you.
12.4 We reserve the right to correct any technical errors in the administration of the Utilita Jackpot with immediate effect and without liability to you; for example, where a technical error results in account holder(s) being unfairly advantaged or disadvantaged.
12.5 These terms and conditions shall be governed by the laws of England and Wales, and both you and we submit to the exclusive jurisdiction of the courts of England and Wales.
Last updated 3rd January 2020.
Effective date 1st February 2020.
For a copy of our previous terms, please click here.
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 and conditions for the draw which can be found at extra.utilita.co.uk/jackpot
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 at www.Utilita.co.uk/terms.
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 and 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.
The promoter is Utilita Energy Limited, under company registration number: 04849181, whose registered office address is: Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB (“Utilita”).
From time-to-time, Utilita will run promotions (“Promotions”) at its high street energy stores (“Utilita Energy Hubs”). When Utilita runs Promotions, these terms & conditions (“Main Terms”) will apply. Each Promotion may also have individual, additional terms (“Promotion Terms”) that will be available at the participating Utilita Energy Hub.
The Main Terms and the Promotion Terms shall be known together as the “Terms”. In the event of any conflict between the Main Terms and the Promotion Terms, the Promotion Terms will take precedence.
1. During a Promotion, customers can claim a free gift from Utilita at a participating Utilita Energy Hub (“Free Gift”).
2. Free Gifts are only available to eligible customers and are subject to set opening and closing dates for each Promotion, as specified in the applicable Promotion Terms. Free Gifts are subject to availability. Utilita provides no guarantee that the Free Gifts will remain available throughout the duration of the applicable Promotion.
3. The Free Gifts cannot be transferred or exchanged.
4. Utilita reserves the right (at its sole discretion) to substitute a Free Gift should the specified gift(s) become unavailable for reasons beyond its control, which may include substituting a non-cash gift with a cash alternative.
5. Promotions are open to new and/or returning customers resident in the UK (excluding Northern Ireland), aged 18 years or over, who register with Utilita at a participating Utilita Energy Hub (“Eligible Customer”), including employees of Utilita Energy Limited.
6. Only an Eligible Customer is capable of claiming a Free Gift. A Free Gift can only be redeemed once per Eligible Customer per household.
7. Utilita reserves the right to verify the eligibility of an Eligible Customer. Utilita may require such information as it considers reasonably necessary for the purpose of verifying the eligibility of an Eligible Customer and the Free Gift may be withheld until and unless Utilita is satisfied with the verification.
8. Upon confirming eligibility, an Eligible Customer’s details may be passed onto a third-party company to facilitate and/or arrange delivery of the Free Gift. Further details of the third-party company may be included in the applicable Promotion Terms.
9. Where the Promotion includes a Free Gift to be redeemed with a third-party company, e.g. gift cards, additional restrictions may apply. The Promotion Terms will specify whether any additional and/or third-party company terms and conditions apply in relation to the Free Gift.
10. Where the Promotion includes a Free Gift to be redeemed for attendance at a specific venue, an Eligible Customer 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 Eligible Customers may be required to pay at any time in connection with a Promotion. Events may occasionally be cancelled for reasons outside Utilita’s control. Utilita will endeavour to promptly update Eligible Customers with any relevant information however Utilita will not be liable for any change of date or venue or cancellation of any event, including if an Eligible Customer can no longer attend the venue or event. Additional terms of entry specified by the venue will also apply.
11. Utilita accepts no responsibility or liability for any matters beyond its reasonable control, including but not limited to:
12. Utilita reserves the right to end or suspend a Promotion, amend the Terms or withdraw the Free Gift at any time without prior notice. However, in the case of withdrawal of a Free Gift, a notice will be posted in the participating Utilita Energy Hub.
13. In the event of fraud, abuse, and/or an error affecting the proper operation of a Promotion, including the allocation of more Free Gifts than are available, Utilita reserves the right to declare a claim for a Free Gift void without liability.
14. Utilita’s decision is final. No correspondence will be entered into with an Eligible Customer or any other third party.
15. 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.
16. Personal data supplied in relation to a Promotion will only be used for the administration of the Promotion and provision of any Free Gift. Utilita may be required to pass personal data onto third-party companies in order to facilitate and/or provide the Free Gift(s). For more information about your privacy and rights, please read our privacy information notice here: https://utilita.co.uk/terms
17. These Terms, and each Promotion, shall be governed and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.
1.1 We are Utilita Energy Limited, of Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB, registered in England – 04849181. “Utilita”, “We”, “Our” or “Us” shall be construed accordingly.
1.2 The ‘Winter Savings’ feature is made available to you by Utilita Energy Limited in accordance with these Terms.
1.3 For further information on the ‘Winter Savings’ feature, please read our FAQs by following this link: www.utilita.co.uk/my-utilita/winter-savings.
2.1 In this Contract, these words have the following definitions:
|App:||means the Utilita balance and pay device application allowing you to view and manage aspects of your account with us, and allow you to pay your bills and manage charges on your account|
|App Terms:||means the Utilita terms and conditions for the provision of our App|
|Codes of Practice:||means our documented guidance and information sheets which explain the provision of the Services in more detail available here: www.utilita.co.uk/help/codes-of-practice|
|In-Home Display:||means the in-home display equipment connected to your Smart Meter which automatically informs you and Us how much gas and/or electricity you use in real-time|
|Premises:||means the building, dwelling or space to which we supply the Services|
|Privacy Information Notice:||means our privacy information notice detailing how we process your personal data available here: www.utilita.co.uk/privacy|
|Services:||means the supply of gas and/or electricity to your Premises|
|Smart Meter:||means either an electricity and/or gas meter, together with associated communications equipment including an In-Home Display|
|Standard Terms:||means the main Utilita terms and conditions for the provision of the Services to residential customers|
|Winter Savings Terms:||means these terms and conditions|
2.2 The Winter Savings Terms supplement and must be read in conjunction with the following terms and conditions:
(together, the "Terms")
2.3 You can access the Terms by following this link: www.utilita.co.uk/terms.
2.4 Any terms defined in each of the above terms and conditions shall have the same meaning when used in the Winter Savings Terms unless we have specifically amended the meaning otherwise.
2.5 In the event of any conflict between the Winter Savings Terms and any of the Terms, the Winter Savings Terms will apply.
3.1 In order to be qualify to use the Winter Savings feature, you must:
4.1 The Winter Savings feature enables eligible customers to save money with Utilita over the course of the year for use during the UK winter period.
4.2 The Winter Savings feature is only available through our App.
4.3 You can add money to the Winter Savings feature, withdraw money or apply it to your meter at any time over the course of the year.
4.4 The maximum amount of money that you can add to the Winter Savings feature is £1,000.00.
4.5 The maximum amount of money that you can transfer from the Winter Savings feature to your Smart Meter is £500.00.
4.6 Subject to clause 4.8, if you no longer meet the eligibility criteria or you leave Utilita, we will return any money you have put into the Winter Savings feature.
4.7 Subject to clause 4.8, you can request a refund of any money you have put into the Winter Savings feature at any time. Please contact our Customer Services on 03452 072 000 and we will work with you to facilitate the refund. Refunds can take up to 14 days.
4.8 If you wish to transfer money from the Winter Savings feature to your Smart Meter, you have any outstanding balance in relation to the Services at the time that you no longer meet the eligibility criteria, you leave Utilita or you request a refund, you agree and accept that we shall be entitled to set off any amount you are owed against the outstanding balance by applying a debt recovery rate in accordance with the terms and conditions set out in our Standard Terms. Any remaining amount left in your Winter Savings shall be returned to you.
5.1 We operate a prize draw in November based on amounts customers have placed into the Winter Savings feature as of 31st October each year. For further information on the prize draw, please read our FAQs by following this link: www.utilita.co.uk/my-utilita/winter-savings. All prizes are subject to the FAQs and Utilita Extra’s general terms and conditions for prize draws which are available here: extra.utilita.co.uk/terms.
5.2 If you’re a winner, we will automatically add the prize amount as a credit to your Winter Savings.
5.3 All prizes are as stated in the FAQs or on our website. No cash or equivalent, or alternative, will be offered or given at the request of the winner.
6.1 We explain what personal data we collect and what we use it for in our Privacy Information Notice.
7.1 If you do not comply with the Winter Savings Terms or you no longer meet the eligibility criteria, we will stop you from accessing and using the Winter Savings feature. We will tell you in advance if this happens unless it is an emergency. Any amounts you have put into the Winter Savings feature shall be returned to you upon termination.
8.1 We do not limit our liability to you for death or personal injury arising out of our negligence or fraudulent misrepresentation.
8.2 We are only responsible for foreseeable loss or damage that is caused by our failure to comply with the Winter Savings Terms, or where we do not use reasonable skill and care. If you suffer loss as a result of our failure under the Winter Savings Terms, our total aggregate liability to you for all claims is limited to the amount of money you have placed into the Winter Savings feature for any one event or series of connected events in any 12-month period.
8.3 We are not responsible to you for any loss or damage that you may incur, including without limitation, if you provide or input incorrect or inaccurate information required for the use of the Winter Savings feature (such as providing the incorrect energy reference account number or payment details).
8.4 So far as it is permitted by law, 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, including but not limited to:
8.5 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.
9.1 Sometimes we need to vary the Winter Savings Terms to reflect changes in the law or best practice. Please check the Winter Savings Terms regularly to make sure you fully understand the terms and conditions that apply.
9.2 Where possible, we will let you know about any changes in a reasonable time before they take effect with a minimum 14 days’ written notice on our website. If the change is to your benefit, we may make the change and tell you afterwards.
9.3 We may decide to stop providing the Winter Savings feature. Accordingly, we may cancel and remove the Winter Savings feature at any time without giving notice to you. However, where possible, we will let you know about any decision to cancel and remove the Winter Savings feature in a reasonable time before it takes effect. Any amounts you have put into the Winter Savings feature shall be returned to you upon removal of the Winter Savings feature.
10.1 The Winter Savings Terms shall be governed by the laws of England and Wales and disputes arising shall be dealt with by exclusively 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
Registered in England & Wales No: 04849181 Regulated by Ofgem