1.1 These OVO SolarStore (Beta) terms and conditions (Agreement) is between you and us:
(a) You are the person who has signed up to OVO SolarStore (Beta); and
(b) We, Us, Our or OVO is OVO Electricity Limited. Our address is 1 Rivergate, Temple Quay, Bristol BS1 6ED.
DEFINITIONS AND INTERPRETATION
1.2 In this Agreement the following terms will mean:
“Available Regions” means the following regions (based on Grid Supply Point regions) where OVO SolarStore (Beta) is available, which may vary from time to time (the number listed after each region corresponds to the first two digits of the MPAN on your meter):
(a) Eastern England, 10;
(b) East Midlands, 11;
(c) London, 12;
(d) Merseyside and Northern Wales, 13;
(e) West Midlands, 14;
(f) South Eastern England, 19;
(g) Southern England, 20;
(h) Southern Wales, 21; and
(i) South Western England, 22.
“Battery” means the Nissan X-Storage home battery unit with specifications 4.6kW/4.2kWh (including any ancillary equipment components that may be provided by us from time to time for example, extension antennae);
“Battery Credit” means the fixed monthly credit of £29.17 on your OVO Energy Ltd bill for the first year after you sign up to OVO SolarStore (Beta), provided your Battery is installed and operational in your Property and that you have passed the OVO SolarStore (Beta) Eligibility. See clause 8.3;
“Battery Installation” means the installation of the Battery as set out in clause 6;
“Engineer” means one of our (or a subcontractor’s) engineers who is qualified to carry out the Survey, installation of the Smart Meter and or the Battery Installation. Our Engineer will carry an identity card;
“Export Credit” means the variable monthly amount we credit to you for the energy which is exported from your Property to the grid (flowing through your export MPAN), calculated at a rate equal to the retail energy price you pay us for your electricity consumption;
“FIT” means Feed-In Tariff;
“FIT Generation Payment” means the payment due to FIT scheme-registered customers for the total amount of electricity generated by the microgeneration system, whether it is used in your Property or exported to the electricity network;
“FIT Export Payment” means the payment due to FIT scheme-registered customers for the total amount of electricity produced by your microgeneration system which is exported to the national electricity network for use by other consumers;
“MPAN” means Meter Point Administration Number and is a 21-digit reference used in Great Britain to uniquely identify electricity supply points such as a domestic residence. You can find your MPAN on your electricity supply bill, or from your electricity supplier;
“OVO Smart Meter” means an energy credit pay monthly meter that is able to supply us with half hourly meter readings through wifi or GSM;
“Property” means the property or premises at which the Battery will be installed;
“OVO SolarStore (Beta) Eligibility” means the eligibility criteria set out in clause 3
“OVO SolarStore (Beta)” means the purchase by you of the Battery which we install in your Property and the other services supplied by us to you under this Agreement. OVO SolarStore (Beta) is not an energy tariff;
“OVO SolarStore (Beta) Benefits” means the benefits that you receive from signing up to OVO SolarStore (Beta), being the Battery Credit and the Export Credit. See clause 8;
“OVO SolarStore (Beta) Benefits Start Date” has the meaning given to it in clause 8.1;
“Supply” (or similar expressions) means the sale by us to you of electricity via a electricity distribution network;
“Survey” means a Battery Installation survey booked through us and performed at your Property by an Engineer before we can determine whether you pass the OVO SolarStore (Beta) Eligibility. See clause 4; and
“Working Day” means any day other than a Saturday, a Sunday or a bank holiday in England, Scotland or Wales. All other references to a day refers to a calendar day.
2. OVO SolarStore (Beta)
2.1 By accepting this Agreement, you agree to participate in the OVO SolarStore (Beta).
2.2 You accept that, because this Agreement is a Beta offering, there may be delays, reduced functionality and other disruption and issues. If any of these arise, we'll try to minimise their impact on you.
2.3 You agree to receive email and/or phone contact for surveys, to help us improve OVO SolarStore (Beta).
2.4 You agree that we may change this Agreement at any time or withdraw OVO SolarStore (Beta) (or any part of it). Any changes we make will not affect your right to receive your first year’s OVO SolarStore (Beta) Benefits including the Battery Credit (as set out in clauses 8.3 and 16).
3. OVO SolarStore (Beta) Eligibility
3.1 You will not be eligible for OVO SolarStore (Beta) unless you pass the following OVO SolarStore (Beta) Eligibility:
(b) you are allowed to sign up to this Agreement for the Property. If you do not own your Property (e.g., you live in social housing or have a lease with a landlord), you may need your landlord’s or local council or authority’s permission to carry out the work required to install the Battery. Unless you tell us otherwise, we will assume that you have this permission. We won’t be responsible if we carry out work and you don’t have the necessary permissions. You’ll be responsible for any losses we suffer as a result of you failing to get the right permissions;
(c) your Property is situated in one of the Available Regions;
(d) you own a domestic solar array system, with a generating capacity of less than or equal to 5kW. We may ask you for proof of ownership;
(e) you are on Supply with us (or will do so before your Battery Installation) for a profile class 1 supply contract (this does not include Economy 7) and you pay by monthly direct debit;
(f) you have an OVO Smart Meter installed (or will do so before your Battery Installation) and have opted into half hourly data sharing with OVO (see here for more information). We can install an OVO Smart Meter for free if needed but if we are unable to do so for any reason, you will not pass the OVO SolarStore (Beta) Eligibility;
(g) you have domestic power consumption of greater than 1500kWh per year estimated annual consumption (shown on your statement).We may cancel your Battery Credit if you do not meet this requirement. If you have not had your Supply with OVO for at least a year when you apply, we may request proof of your annual consumption;
(h) you have a domestic broadband connection with a spare Ethernet port connection and electrical socket to interact with the Battery, which is active and stable for our use at all material times. Internet data usage will be minimal;
(j) you have not changed or confirmed your FIT export status selection within the last year;
(k) you have passed the Survey;
(l) we are able to complete the Battery Installation (see clause 6);
(m) following the Battery Installation, we have registered the Battery as “active” and you allow us sole control of charging and discharging the Battery.
3.2 Notwithstanding the OVO SolarStore(Beta)Eligibility it is in our absolute discretion whether we sign you up to OVO SolarStore (Beta).
4.1 Before we can determine whether you are eligible to have a Battery installed, we need to carry out a Survey of your Property.
4.2 In relation to the Survey:
(a) you agree to provide our Engineer with access to your Property at a date and time agreed between us and you;
(b) you will pay us £50 at the point of booking; and
(c) we aren’t responsible for delays caused by circumstances beyond our reasonable control or which are unforeseeable.
4.3 If we are unable to carry out the Survey due to your fault (including if we are unable to gain access to your Property), we'll make another appointment with you and you will need to pay an additional £50.
4.4 If we do not carry out the Survey due to our fault, we'll re-schedule the Survey with you and such re-scheduled Survey will be free of charge.
4.5 If we complete a Survey at your Property and you pass that Survey but are then unable to have an OVO Smart Meter installed due to our fault, we'll refund you a Survey cost of £50.
5. Battery Purchase
5.1 If you pass the Survey, we'll take full payment for the Battery and the Battery Installation via a credit or debit card at the point of booking of your Battery Installation.
5.2 The cost of the Battery and the Battery Installation will be quoted to you at the Survey stage and we will issue you an email receipt. Subject to clause 5.3, these costs will remain fixed.
5.3 We reserve the right to charge you for any changes or additional work which you ask for, or if there is additional work required to install your Battery. If this happens, we’ll explain the reason for the additional work and let you know what the extra charge for the work would be first, so you can decide if you’d like to go ahead.
5.4 From the date of your purchase of the Battery until the Battery Installation, we'll store and insure the Battery at our storage premises on your behalf.
5.5 If you wish to cancel this Agreement, you may do so during the “cooling off period”, which is the 14 day period after the date you purchase the Battery but provided that the Battery Installation has not commenced. If you cancel during the cooling off period, then you will have a right to a refund, less any costs incurred by us (including preparation, installation, product or administrative costs).
6. Battery Installation
6.1 You agree to provide our Engineer with access to your Property to carry out the Battery Installation at the date and time agreed between us and you.
6.2 In order for us to carry out the Battery Installation, you must have a suitable space on/at your Property to install the Battery and we must be able to gain suitable access to the electricity meter or main fuse board to install power sensing and control hardware used to instruct the Battery.
6.3 We aren’t responsible for any delays in the Battery Installation caused by circumstances beyond our control or which were unforeseeable.
6.4 We won’t pay any compensation if we can’t complete the Battery Installation during the appointment. However, we’ll make another appointment with you for an appropriate time to complete the work, at no extra cost. If you fail to keep the agreed appointment time for the installation of your Battery on more than two occasions, we may charge an additional fee.
6.5 We’ll take reasonable care to carry out the Battery Installation without causing unnecessary damage. We’ll fix any unnecessary damage to your Property that is directly caused by our negligence.
6.6 We won’t start or continue the Battery Installation at your Property if we believe there is a health and safety risk to our Engineers, and we won’t return to complete the installation until that risk is resolved.
6.7 If we are unable to complete the Battery Installation for any reason that is not our fault you may still be liable for costs incurred by OVO.
7. Battery Ownership
7.1 You are responsible for making sure that you:
(a) keep the Battery in your Property and under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you);
(b) do not misuse, neglect, tamper with, or damage the Battery (including disassembling or re-wiring it in any way);
(c) take proper care at all times to prevent the loss or theft of the Battery; and
(d) ensure the space surrounding the Battery is suitable as instructed at the Battery Installation. For example, where relevant, items should not be stacked against or over the Battery.
8. OVO SolarStore (Beta) Benefits
8.1 Once you have passed all the OVO SolarStore Eligibility (Beta) criteria, you will be eligible to receive the OVO SolarStore (Beta) Benefits.
8.2 The OVO SolarStore (Beta) Benefits Start Date, when you will begin to receive the OVO SolarStore (Beta) Benefits, is the date you receive an email confirming that the Battery has been activated.
8.3 The Battery Credit will be credited to your OVO Energy bill in monthly instalments of £29.17 from the OVO SolarStore (Beta) Benefits Start Date for one year. We reserve the right to change, reduce or withdraw the Battery Credit after the first year by giving you 30 days' notice.
8.4 The Export Credit will also be credited to your OVO Energy bill in monthly instalments. The value of the Export Credit will depend on the energy which is exported from your Property to the grid, calculated at a rate equal to the retail energy price you pay us for your electricity consumption.
8.5 You will see two itemised lines in your monthly bill relating to the OVO SolarStore (Beta) Benefits:
(a) Battery Credit: which is in the section of your monthly bill “Other transactions” named “SolarStore Battery Credit”; and
(b) Export Credit: which is in the section of your monthly bill “Other transactions”, named “SolarStore Export Credit”.
9. FIT Export Payment Waiver
9.1 To enable us to provide you with the OVO SolarStore (Beta) Benefits, you agree to waive your FIT Export Payment. In line with FIT scheme regulations this waiver is required because the electricity exported by your Battery could affect the measurement of the amount of electricity you export. We may ask for proof that you have done this.
9.2 If you do not opt out of FIT Export Payments you may be subject to an Ofgem investigation and have your FIT contract voided. If your FIT contract is voided, you will lose any future FIT Generation Payments and may have previous payments reclaimed by your FIT licensee.
9.3 You will still be eligible to receive your FIT Generation Payment. If OVO is not your FIT licensee, you may wish to discuss this with your current provider.
9.4 If you decide to switch your Supply away from OVO at any point, you may be able to opt back in to receiving FIT Export Payments from your FIT licensee but this will only be possible one year after opting out of your FIT Export Payments as part of joining OVO SolarStore (Beta), and providing you do not continue to use the Battery to feed into the national electricity network. Your FIT licensee will be able to advise on this.
9.5 If, for any reason, OVO SolarStore (Beta) ends before you can opt back in to receive your FIT Export Payment, we'll not compensate you for loss of FIT Export Payments.
10. End of your Fixed OVO Energy Plan
As long as you are on Supply with us and you comply with this Agreement and the OVO Supply terms and conditions, OVO SolarStore (Beta) will be automatically added to any new, renewed, or upgraded OVO Energy plan that you take on, ensuring that you continue to receive your OVO SolarStore (Beta) Benefits if they are still applicable at that time.
11. Switching away from OVO Energy
11.1 If you want to switch your Supply to a different supplier, we'll no longer be able to supply you with energy or control your Battery as part of OVO SolarStore (Beta). You will therefore lose your OVO SolarStore (Beta) Benefits.
11.2 We won’t be liable for any costs in relation to your Battery should you switch your Supply from us.
12. Moving out of your property
If you move out of the Property where your Battery is installed, we'll no longer be able to supply you with energy or control your Battery as part of OVO SolarStore (Beta). You will therefore lose your OVO SolarStore (Beta) Benefits until you have the Battery installed in your new property and meet all relevant eligibility criteria.
13.1 The manufacturer of the Battery will provide a manufacturer's warranty for the Battery.
13.2 The effective time period of the manufacturer's warranty may be reduced due to the increased frequency of cycles of your Battery which enables us to deliver the OVO SolarStore (Beta) Benefits.
14. Changes to this agreement
14.1 We'll notify you if any changes are made to this Agreement and make a copy available to you on our website.
14.2 If we make changes to this Agreement that are disadvantageous to you, we'll give you 30 days’ notice to let you know about the changes.
15. Agreement or OVO SolarStore (Beta) offering Termination
15.1 We reserve the right to change, reduce or withdraw the Battery Credit after the first year by giving you 30 days' notice.
15.2 We may terminate this Agreement with immediate effect if you breach any of your obligations under this Agreement.
15.2 If we terminate this Agreement and/or the Beta offering before the first anniversary from the OVO SolarStore (Beta) Benefits Start Date, you will still receive your Battery Credit for the first year.
15.3 If we terminate this Agreement and/or the Beta offering on or after the first anniversary from your OVO SolarStore (Beta) Benefits Start Date, you will receive any Battery Credit you are entitled to (if any) on a pro-rata basis up until the termination date.
16. Our Liability
16.1 We won’t be responsible for:
(a) the cost of repairing or replacing parts of your Battery which develop a fault, unless it’s due to work we carried out that caused the fault;
(b) any costs, loss or damage you suffer from any failure in providing the OVO SolarStore (Beta) which is caused by events outside our reasonable control. Matters outside our reasonable control include severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;
(c) any costs, loss or damage you suffer as a result of not using the the OVO SolarStore (Beta) in line with our instructions and this Agreement;
(d) any costs, loss or damage you suffer as a result of your broadband internet connection being insufficient in quality, capacity or speed to support the OVO SolarStore (Beta) offer and/or your use of the OVO SolarStore (Beta) results in you exceeding the permitted data limit on your broadband; or
(e) for any loss or damage you suffer caused by us, our Engineer or agents to the extent such loss or damage results from any breach by you of this Agreement.
16.2 We aren’t liable for any loss or damage (including negligence and breach of statutory duty) that we couldn’t reasonably have expected would result from breach of this Agreement at the time you entered into it.
16.3 Nothing in this Agreement will affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.
16.4 Our liability (including for negligence and breach of statutory duty) is limited to £10,000 for each unconnected event that we’re directly responsible for, or £10,000 in total for any connected series of events that we are directly responsible for, and which has caused you loss or damage.
17. Using personal information
17.1 By signing up to the OVO SolarStore (Beta) offering, you agree that:
(a) we may access any data or information generated, collected, processed or stored as part of the OVO SolarStore (Beta); and
(b) we may also collect other information about you and your energy usage as part of providing the OVO SolarStore (Beta).
17.3 We use the information we access and/or collect to optimise the OVO SolarStore (Beta). We also anonymise your energy consumption data, combine it with consumption data from other customers and may share it with the government, regulators or industry partners as part of providing the OVO SolarStore (Beta) services to you.
18. Our complaints procedure and your rights
18.1 You can submit a complaint in person, in writing or over the phone by:
calling us on 0330 303 5063;
using our online web form at https://www.ovoenergy.com/help/feedback/; or
writing to us or visit us at OVO Electricity Limited, 1 Rivergate, Temple Quay, Bristol, BS1 6ED.
18.2 We'll aim to respond to your complaint the same day we receive it. If you’re not happy with our response, you can ask for your complaint to be escalated to our internal complaints team, who will be in touch within five Working Days.
18.3 If our complaints team doesn’t resolve your complaint to your satisfaction, you will receive a final response (called a "deadlock letter"). This will detail what’s happened with your complaint and what we’ve suggested, and give you contact details for the Energy Ombudsman. They’re an independent organisation who you can ask to pick things up for you, for free. If they decide that we should do something for you, we legally have to do it (but if they think there’s something you should do, you don’t have to go with their decision). The contact details for the Ombudsman: www.ombudsman-services.org/energy or phone: (0330 440 1624).
18.4 You can view our Complaints Procedure in the ‘Help’ section of our website here: https://www.ovoenergy.com/help/feedback/.
18.5 You can also find other useful information on your rights and what we can do to help, including details of the Priority Services Register and how to sign up in OVO Answers: https://www.ovoenergy.com/ovo-answers/topics/all-about-ovo/what-is-the-priority-services-register.html.
18.6 You can also get free, independent advice from Citizens Advice so that you know your rights as an energy consumer, including how to get a better deal, to make a complaint, get advice about the quality of your electricity or gas supply, or ask for help if you're struggling to pay your bills. To "Know your rights" visit www.citizensadvice.org.uk/energy for up-to-date information or contact the Citizens Advice consumer service on 03454 04 05 06.
19. Other conditions
19.1 We can transfer any of our rights or obligations under this Agreement without your permission. However, you must not transfer your rights or obligations under this Agreement to anyone without our permission.
19.2 If we need to give you a notice for any reason in connection with this Agreement, we may deliver it by hand or use the postal address and/or email address you have given us most recently.
(a) If we post a notice to you, it will be assumed to have been delivered two Working Days after it was posted.
(b) If we deliver a notice to you by hand or by email, it will be assumed to have been delivered immediately when it was delivered or sent to the most recent address we have for you (as applicable).
19.3 This Agreement, and any documents explicitly referred to in them, are the entire agreement between you and us.
19.4 Nothing in this Agreement affects our legal rights or powers. Nothing in this Agreement affects any of your statutory rights that can’t be excluded by law.
19.5 If any part of this Agreement is void or unenforceable, the rest of the agreement will be unaffected.
19.6 This Agreement is governed by the laws of England and Wales if your Property is in England or Wales, and in Scotland if your Property is in Scotland. If there is any dispute between us, it will be dealt with by the courts of England and Wales if your Property is in England or Wales, and by the courts of Scotland if your Property is in Scotland.
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