2 Year Fixed + Heating Control

These terms and conditions (the Terms) apply if you’ve chosen our 2 Year Fixed + Heating Control bundle, and we’ve agreed to supply you. Words and phrases that have a special meaning are explained the first time the word or phrase is used.

These Terms are in addition to, and don’t replace, our Core Energy Supply Terms and Conditions (Core Terms) which cover the supply of energy to you. These two sets of terms make up your contract with us.

In the event of any conflict between these Terms or the Core Terms, these Terms will take precedence. Any terms defined in the Core Terms will have the same meaning when used in these Terms.

Your energy supply for your 2 Year Fixed + Heating Control bundle is provided by OVO Electricity Limited (when we’re selling you electricity) and OVO Gas Limited (when we’re selling you gas). These are the companies that supply energy to your property. Our address is 1 Rivergate, Temple Quay, Bristol, BS1 6ED.

2.1 Our 2 Year Fixed + Heating Control bundle includes:

• Our 2 Year Fixed rate energy plan (dual fuel only)
• A tado° Starter Kit: Wireless v3 Smart Thermostat (Smart Thermostat) paid in equal instalments, over 2 years.

2.2 With 2 Year Fixed + Heating Control, the price you pay for the supply of your electricity and/or gas will be fixed for a period of 24 months, beginning on your Plan Start Date. Your Plan Start Date will be the date that you apply to be supplied by us on the 2 Year Fixed + Heating Control bundle. Or, the date that your electricity and/or gas supply transfers to the 2 Year Fixed + Heating Control plan, from your existing OVO Energy plan. We'll let you know the date in your welcome or renewal letter.

2.3 The cost of your Smart Thermostat will be added to your account from your Plan Start Date, through your daily gas standing charge. Details of the cost will be included in your welcome or renewal letter and in section 7 (Payment) below. 

2.4 You have 14 days from the day after your Plan Start Date (see section 3.1 of our Core Terms) to change your mind and cancel the bundle (Cooling Off Period).

3.1 The 2 Year Fixed + Heating Control plan is available to new and existing OVO energy customers who meet certain criteria. To be eligible for 2 Year Fixed + Heating Control, you need to:

• be a dual fuel customer and pay by monthly Direct Debit;
• have a standard gas combination boiler or conventional system boiler (with a separate hot water tank). Your boiler will also need to be compatible with the Smart Thermostat.  The Smart Thermostat is compatible with most boilers but there are some exceptions (see a list of compatible boilers).
• not have purchased a tado° Starter Kit: Wireless Smart Thermostat V3+ through OVO before.
• have the landlord’s permission to have a Smart Thermostat installed if you’re not the homeowner.
• have an Android or iOS device with an up-to-date operating system and internet access. You’ll need to have a smartphone to download the tado° app.  
• register for a tado° account before you install your Smart Thermostat, so that you can link your Smart Thermostat to your tado° account.

3.2 To benefit from the Connected Proposition (see section 4.3 below) you’ll need to have a communicating smart meter or be willing to have one installed. 

If you’re not eligible for a Smart Thermostat, you won’t be eligible for 2 Year Fixed + Heating Control.

3.3 You must apply for both the 2 Year Fixed tariff and Smart Thermostat in one application to qualify for this plan. If you apply for OVO’s 2 Year Fixed tariff and then add a Smart Thermostat, you won’t be eligible for this plan.

4.1 Your Smart Thermostat will be sent to you after your energy Cooling Off Period. You’ll have 14 days (Smart Thermostat Cooling Off Period) to return the smart thermostat, if you change your mind. If you return your Smart Thermostat, you’ll no longer be eligible for 2 Year Fixed + Heating Control. And we reserve the right to move you onto our Standard Variable Tariff.

4.2 You’re responsible for installing the Smart Thermostat yourself. We won’t be responsible, and no refund will be given, for any damage to the Smart Thermostat or your property, or any other costs. That includes loss or damage caused by the incorrect installation of your Smart Thermostat.   

4.3 Once your Smart Thermostat is installed you can connect it to your OVO account. In your account you’ll be able to receive energy saving tips and change the temperature of your Smart Thermostat (“Connected Proposition”). You can also use your tado° app to control the heating in your home. You won’t need a Smart Meter installed to use the tado° app, but you won’t be able to control your tado° from your OVO account without a Smart Meter. 

4.4 Any recommendations we may make about your energy usage and/or potential bill savings are estimates only. Any actual savings or benefits you may receive will depend on the type of heating system in your home, how your home is insulated and your energy usage patterns. An independent study has shown that installing and correctly using a Smart Thermostat can reduce your energy use from heating by up to 28%. You can read more about that study here.

4.5 If you opt in to share your data with us to receive personalised insights and tips via your OVO online account, we’ll collect data such as your Smart Thermostat set point, the indoor and outdoor temperature at your home and whether your heating is on. You can opt out of this at any time by emailing [email protected] or calling 0330 175 9691 (Mon to Fri, 9am to 5pm). But if you do that you’ll no longer receive access to the Connected Proposition.

4.6 You have a legal right to return a product or get a repair or replacement if it’s faulty as follows:

• Up to 30 days after the date of receipt, you’re entitled to a refund. 
• Up to 6 months after the date of receipt, if your faulty Smart Thermostat can't be repaired or replaced, then, in most circumstances, you’ll be entitled to a full refund. 
• Up to 6 years after the date of receipt, you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back depending on how much you have paid towards the Smart Thermostat and how much you’ve used it. Please note that if you choose not to return your Smart Thermostat and not receive a replacement you won’t be able to benefit from the bundle and may be moved onto a different tariff. That could mean that you end up paying more for your energy.

5.1 The Smart Thermostat also comes with a 2 year warranty from the manufacturer. For more information about the specific product warranty, including any exclusions, please visit section 13 of tado°'s terms.

5.2 Please read the terms of the warranty carefully. Your warranty may be void if the Smart Thermostat isn’t used in accordance with the terms of the warranty, or the manufacturer’s recommendations.

5.3 It's your responsibility to maintain the smart thermostat, in accordance with the manufacturer's warranty.

5.4 If you have any issues with your Smart Thermostat, you should contact tado° directly.

By signing up to this plan, you’re agreeing to have a smart meter fitted (if you don’t already have one). We’ll contact you to arrange a suitable installation date for a smart meter to be installed in your property. Please note that not all OVO customers will be able to have smart meters. Sometimes we can’t install smart meters in homes for practical or technical reasons. For example, we might not be currently installing smart meters in your area, or your home might not be suitable –for example, smart meters won’t be installed if there’s anything blocking access to your current meter(s). Sometimes we won’t know this until an engineer’s been to your home. If we can’t install a smart meter in your home, we’ll let you know.

7.1 A Direct Debit instruction will be set up for your energy supply, and this will include the cost of your Smart Thermostat. If you stop paying by Direct Debit, you'll no longer be eligible for this plan.

7.2 While you're on the 2 Year Fixed + Heating Control plan, the cost of the Smart Thermostat will be included in your daily standing charge at 26.3p per day. You'll see “Smart Thermostat“ as a separate line on your energy bill at £0 while you're on the plan. A standing charge is a fixed daily amount you have to pay, no matter how much you use.

8.1 Your plan will end 24 months after your Plan Start Date (Fixed Plan End Date). From this date, unless you have asked us to put you on a new energy plan:

• we’ll automatically transfer you to the cheapest variable energy plan available for your meter type, estimated annual usage and payment method; and
• you may pay higher unit prices and standing charges on a variable energy plan and these could change at any time;

8.2 We’ll write to you no later than 30 days before your Fixed Plan End Date to remind you of this. We’ll also let you know our cheapest tariff at the time, based on your estimated annual use and your chosen payment method.

8.3 If, within 20 working days of the end of your fixed energy plan, you:

• decide to leave us, and your new supplier tells us that you’re switching and that switch takes place within a reasonable period; or
• enter into a new energy plan with us, 

then we’ll keep your charges the same until you switch to your new supplier or start your new energy plan.

Cancelling your plan and switching away

9.1 If you want to cancel your 2 Year Fixed + Heating Control energy plan and either switch to another OVO plan or switch providers, you can do this at any time. There may be an exit fee of [£95] per fuel applied to your account. This exit fee won’t be applied if we’ve contacted you no later than 30 days before the Fixed Plan End Date, as referenced in paragraph 8.2 above.

9.2 We’ll need to collect the remaining balance due for your Smart Thermostat before you leave OVO. This outstanding amount will be added to your final bill.

9.3 If you cancel your Smart Thermostat, you’ll no longer be eligible for 2 Year Fixed + Heating Control. And we reserve the right to move you onto our Standard Variable Tariff, which could mean that you pay more for your energy.

9.4 We also reserve the right to request payment of the remaining balance due for the Smart Thermostat if your account goes into debt, or if you’re otherwise in breach of these terms, see section 9.7

Moving home

9.5 If you move home, your 2 Year Fixed + Heating Control will end even if you continue to be an OVO customer at your new property.

If we supply your new home, you’ll be put on our standard default tariff available for your meter type and payment method, until you select a new tariff or supplier. If we don’t supply your new property, then you’ll be on whichever tariff the supplier of that property has in place.

9.6 If you move home, it’s a legal requirement that you leave the Smart Thermostat in the property, as the heating system will not function properly without it. You won't be able to remove the Smart Thermostat and move it to the new property. And we won't be able to refund you the cost of the Smart Thermostat or provide a replacement. Any outstanding amount will be added to your final bill.

Alternatively, you can replace the Smart Thermostat with another heating device at your own cost, if you’d like to take this Smart Thermostat to your new property. 

When we can terminate your plan

9.7 We can end your 2 Year Fixed + Heating Control plan with immediate effect if you’re in breach of these Terms, the Core Terms or your Smart Thermostat Terms, as we may have the right to do so. You’ll need to pay the remaining balance due for the Smart Thermostat.

10.1 Subject to section 10.3, we won’t be responsible for any:

• failure of the Smart Thermostat to function properly;
• delay or inability to fulfil an order, deliver your Smart Thermostat for reasons outside our reasonable control, or any costs, loss or damage you suffer as a result;
• damage to the Property which is due to structural defects or weaknesses, unless the damage results from negligence on our part;
• costs, loss or damage you suffer as a result of not using the Smart Thermostat in line with the instructions provided to you. That includes any manufacturer user guides and these Terms;
• loss or damage you suffer caused by us, our employees or agents to the extent such loss or damage results from any breach by you of these Terms;
• loss or damage that we couldn’t reasonably have expected would result from breach of these Terms at the time you entered into them;
• deliberate damage or vandalism of the Smart Thermostat; and/or
• failure by you or a third party in the care, operation or maintenance of the Smart Thermostat outwith the manufacturer’s instructions and without our or the manufacturer’s consent.

10.2 We aren’t liable, whether caused by breach of contract, negligence, breach of statutory duty or otherwise, for any:

• loss or damage that we couldn’t reasonably have expected would result from breach of this agreement at the time you entered into it,
• loss of business, revenue or profit; or 
• indirect or consequential losses which you or anyone else suffers.

10.3 Nothing in this contract will affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation. Or for any matters that we can’t exclude our liability for under law.

10.4 Our maximum aggregate liability to you (including for negligence and breach of statutory duty) is limited to £10,000.

11.1 A Smart Thermostat and a 2 Year Fixed energy supply are available separately. 

11.2 This bundle is subject to availability. We reserve the right to refuse or withdraw the bundle at any time.

11.3 We reserve the right to make changes to these Terms at any time. If we make any changes that affect you negatively we’ll give you reasonable notice so that you can take action to avoid the change.

11.4 These Terms are governed by the laws of England and Wales if your property is in England or Wales, and the laws of Scotland if your property is in Scotland.