Last updated - 5 August 2020
These Terms and Conditions govern your participation in the OVO Energy sonnenBatterie Trial (the Trial) and form the agreement between you and OVO Energy Ltd whose address is at 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED (OVO, we, us, our). It's important that you read and properly understand them. If you have any queries, please feel free to contact us at [email protected] or on 0330 303 5063.
Capitalised terms used in these Terms and Conditions are defined in clause 13.
These Terms and Conditions are specific to the OVO Energy sonnenBatterie Trial. They are separate to the OVO Supply terms and conditions governing the supply of electricity to you by OVO Electricity and your use of that electricity.
Please note that by signing up to the Trial, you also agree to separate terms and conditions with sonnen. See section 2 for more details. So it's very important that you read and properly understand the sonnen terms and conditions before you book a Survey or book a Battery Installation appointment - as you may incur costs if you later refuse to sign the separate terms and conditions with sonnen.
1.1 As well as OVO, two other companies are mentioned in these Terms and Conditions - sonnen and Kaluza. These companies help us to provide you with the Battery and the Trial Services (as described in Section 3 below):
sonnen: sonnen provide the sonnenBatterie which will be installed in your Property. Data about your battery is then shared with sonnen in accordance with the separate terms and conditions you agree with sonnen.
Kaluza Ltd.: Kaluza is OVO’s intelligent energy software company. Kaluza’s software alters and optimises the electricity consumption of your Battery with the aim to provide grid balancing services to your local network operator when required.
Sonnen Terms and Conditions
2.1 By signing up to the Trial, you agree to separate terms and conditions with sonnen. These terms and conditions can be found here (sonnen).
2.2 You will be asked to sign these sonnen terms and conditions at the point of install. If you do not wish to sign up to these sonnen terms and conditions, we won’t start or continue the Battery Installation.
2.3 You acknowledge that we will have incurred costs associated with progressing your participation in the Trial prior to the Battery Installation. If you do not wish to sign up to the sonnen terms and conditions on or before the Battery Installation, we reserve the right to charge you a fee of £150 to cover our expenses. It's therefore very important that you read and properly understand the sonnen terms and conditions before you book a Survey or a Battery Installation appointment. If you have any queries, please feel free to contact us at [email protected] or on 0330 303 5063.
How the Trial works
3.1 During the Trial, working with sonnen and Kaluza, we will control the charging and discharging of your Battery. Throughout some periods of each year that you are on the Trial, we hold the right to reserve your battery capacity, to be used to support your local electricity network when it is under pressure, and also when there are faults elsewhere on the network. Total duration of the periods in each year will not exceed 6 months and will most likely occur during the winter season. During these months, there may be occasions where your Battery is being charged using grid energy as well as solar energy, to ensure that there is enough power in the battery to provide an effective service to your local electricity network.
For more information on this, see here.
3.1 Outside of the periods each year during the Trial Period described in the section above, your battery will not be used to support your local electricity network, and will solely be used to store solar electricity to be used within your Property.
3.3 As part of your participation in the Trial, we will access and share information generated, collected, processed or stored by your Battery and collect other information about you and your electricity usage as part of providing the Trial Services. This information is used to provide and optimise the Trial Services and perform our contract to you.
3.4 Both sonnen and Kaluza will also access and share information generated, collected, processed or stored by your Battery.
Please see Section 8 below for more information on how we, sonnen and Kaluza use your data.
3.5 You accept that this is a trial offering, and that the purpose of the Trial is to assess the viability of providing grid balancing services from your Battery. As such, you accept that your Battery may not operate properly or be fully functional, for which neither we, sonnen nor Kaluza will be liable. (But if any of these arise, we'll try to minimise their impact on you).
4.1 To take part in the Trial, you’ll need to meet and comply with the conditions set out in this Section (the Eligibility Criteria) throughout the Trial Period.
4.2 Before you can join the Trial, you must:
a. be an OVO customer and be on one of OVO’s fixed term plans. If you are not on an OVO fixed term plan, you must agree to sign up to one (which will involve switching your electricity provider);
b. be the homeowner for the Property where the Battery will be installed;
c. have also any necessary permissions from other third parties, including your insurance companies and mortgage providers. 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 that you or we suffer as a result of you failing to get the right permissions;
d. (your Property) be situated in one of the Available Regions;
e. have solar panels installed at your Property;
f. have a suitable place to install the Battery. We will confirm further requirements when arranging your Battery Installation;
g. following the Battery Installation, allow us to control your Battery charging and discharging;
h. agree to separate terms and conditions with sonnen. See section 2 for more details;
and i. have an OVO Smart Meter (an electricity meter) installed at your home (or agree to have one installed).
4.3 During the Trial, you must:
a. remain on one of OVO’s fixed term tariffs;
c. have a domestic broadband connection which is active and stable for use at all times. We anticipate that internet data usage as a result of the Trial Services will be low;
d. keep your battery online;
e. pay OVO for your electricity supply by ongoing monthly direct debit; and
f. allow us to control your Battery charging and discharging.
4.4 You accept that we must also be able to successfully complete the Battery Installation at your Property and that we must have successfully registered your electricity meter to export electricity to the grid before we sign you up to the Trial. In addition, we have absolute discretion whether or not we sign you up to the Trial and you might not be allowed to join the Trial regardless of whether you satisfy the Eligibility Criteria.
4.5 You must continue to satisfy the Eligibility Criteria for the duration of the Trial Period or you may face termination fees. See sections 10 and 11 for further information.
4.6 If you switch to OVO to be part of the Trial but we then find you do not meet the Eligibility Criteria due to circumstances outside of your reasonable control (e.g , we are currently installing smart meters in your area) you can switch to a new energy supplier with no exit fees. But if we discover that you are ineligible because of circumstances within your control (e.g. opting-out of half hourly data preferences on your OVO Smart Meter), we reserve the right to charge you an exit fee in accordance with our terms and conditions here.
5.1 Whether we carry out the Battery Installation is subject to the findings of a Survey of your Property. At our discretion, we may cancel any Battery Installation date we have given you and/or terminate your participation in the Trial based on the findings of the Survey. We’ll let you know if this is the case and we aren’t liable to you in any way if we don’t carry out a Battery Installation for these reasons.
5.2 We will let you know if we are able to progress your participation in the Trial following the Survey. At that stage, you are not under any obligation to proceed with the Trial. BUT you acknowledge we will have incurred costs associated with the Survey. Therefore if you decide not to participate in the Trial at any stage after: (i) we have undertaken a Survey at your Property; and (ii) notified you in writing that you are eligible for participation in the Trial, then we reserve the right to charge you a fee of £150 to cover our expenses in undertaking the Survey
5.3 You agree to provide our Engineer with access to your Property to carry out the Survey and the Battery Installation.
5.4 We'll try to meet your Survey and Battery Installation time and dates, but we may need to change these. If we do, we'll try to notify you of any changes as soon as possible. But we won’t be liable to you for any losses due to changing your Survey or Installation date or time for any reason.
5.5 You agree that you or a person authorised by you (who is 18 or over) will be at the Property during the Survey and the Battery Installation and can provide us with information about where to install the Battery.
5.6 You will let us know if there are any local restrictions which may affect the Battery delivery, for example: local parking restrictions, steep stair climbs or long carrying distances. If we aren’t able to deliver the Battery due to local restrictions we won’t be responsible for delays and may charge you for redelivery and any other costs incurred by us.
5.7 We aren’t responsible for any delays or failures to carry out a Survey or a Battery Installation caused by circumstances beyond our control or which were unforeseeable.
5.8 We aren’t responsible for any losses you incur due to delays to your Survey or your Battery Installation, however caused. We won’t pay any compensation if we can’t complete a Survey of Battery Installation during a scheduled appointment.
5.9 If we aren’t able to complete a Battery Installation in a single appointment, we’ll make an additional appointment to complete the work. Unless there are additional fees payable under these terms or which we’ve otherwise told you about, you won’t be charged additional fees for this additional appointment.
5.10 We won’t start or continue the Battery Installation if we believe there is a health and safety risk to our Engineers or any other person, and we won’t return to complete the Battery Installation until that risk is resolved.
5.11 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 us.
5.12 Our Engineers will 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.
5.13 You also acknowledge that sometimes we have to do extra work if we cannot use existing wiring to install the Battery, and this can cause damage to things like inside and outside finishings (for example, wallcoverings and paint). You may need to redecorate, repair or restore certain areas once the Battery Installation is completed. You will be responsible for the cost of this work.
5.14 If you cancel your Survey or Battery Installation within 24 hours or if you are not available when we arrive at your Property, you may be charged £30 for a failed appointment. If you fail to keep an appointment on more than two occasions, we may charge an additional fee.
Using the Battery
6.1 Once we have carried out the Battery Installation, you will become the owner of the Battery. You are responsible for it being used in accordance with these terms and conditions, including, but not limited to:
a. following the manufacturer’s instructions and any other written or oral instructions we give you;
b. not attempting to, and not allowing any third party (other than the manufacturer or a person appointed by them) to, carry out any repairs, replacement, modifications or alterations on the Battery in any way;
c. keeping the Battery on 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);
d. not misusing, neglecting or damaging the Battery (including by disassembling it);
e. taking proper care at all times to prevent the loss or theft of the Battery; and
f. ensuring 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.
6.2 After we have carried out the Battery Installation, the Battery with be covered by the manufacturer’s warranty. For further information about the specific warranty, please visit https://sonnengroup.com/terms/. Please read the manufacturer’s warranty carefully. It is your responsibility to ensure you comply with the terms of this warranty. If the warranty requires registration of the Battery to be valid, it is your responsibility to register the warranty with the manufacturer within the time period specified by the manufacturer. You must notify the manufacturer of any claim under the manufacturer warranty as soon as reasonably possible once you become aware of the fault. Any obligations to maintain the Battery that are conditions of the manufacturer’s warranty is your responsibility to perform and maintain a record of.
6.3 Risk in the Battery shall pass to you on completion of the Battery Installation. This means that you are responsible for any loss or damage caused to the Battery (including, but not limited to: accidental damage, criminal damage, theft or vandalism). You agree to inform us of any loss or damage to the Battery immediately. If you do not wish to pay for any repair or replacement charges, we may terminate your Trial in accordance with clause 9.1.
7.1 Your Trial will start on the date your Battery is Installed (provided that we are satisfied that you have complied with all of the Eligibility Criteria set out in Section 4) and last for a period of twenty four (24) months from the date of Battery Installation (the Trial Period), subject to you or us terminating the Trial earlier in accordance with these Terms and Conditions.
7.2 If during the Trial Period you change, renew or upgrade your current OVO plan to another fixed term plan, the Trial will automatically be added to your new plan, provided you still comply with the Eligibility Criteria.
7.3 At the end of the Trial Period, you will keep the Battery in accordance with clause 6.1, but it will no longer be used for the Trial as described in clause 3 above.
7.4 If your participation in the Trial ceases for any reason before the expiry of the Trial Period, you will keep the Battery, in accordance with clause 9.1,but you may be required to pay a fee in accordance with sections 10.3 or 11.4.
How we use your data
8.1 Please click here for information on what data is collected and how this data is shared between us, sonnen and Kaluza (Please see the FAQ titled ‘How does data flow between my sonnenBatterie, sonnen, and Kaluza?’).
8.4 As part of the Trial, we may contact you via phone, email or SMS for your feedback on your experience of the Trial. When we contact you for feedback on the Trial, we’ll ask you for demographic information (such as the age and employment status of those living at the home), information about the other energy products in your home and information about your home heating behaviour to enable us to develop new products, conduct and monitor the Trial Services and your usage (including carrying out our obligations under this agreement). This data will not be used for marketing purposes without your consent.
OVO Smart Meter
9.1 If you don't already have an OVO Smart Meter, pursuant to Section 4.2(i), we will contact you to arrange the installation of an OVO Smart Meter.
9.2 Notwithstanding anything in these Terms and Conditions, neither you nor we will be in breach of these Terms and Conditions if we are unable to install an OVO Smart Meter in your home due to factors which are beyond our reasonable control. If we are unable to install an OVO Smart Meter, these Terms and Conditions and your Trial (if it has already started) will automatically terminate on us giving you written notice.
Termination by us
10.1 We may terminate these Terms and Conditions and your participation in the Trial with immediate effect on giving you written notice if:
a. you breach any of your obligations under these Terms and Conditions or the OVO Energy Supply terms and conditions; or
b. at any time during the Trial Period you fail to meet any of the Eligibility Criteria (see Section 4 above); or
c. your Battery is lost or damaged (and in the case of damage, is not covered by the manufacturer’s warranty and you do not agree to pay for any repair charges to remedy the damage).
10.2 We may also terminate these Terms and Conditions and your participation in the Trial at any time, for any reason, on giving you 30 days' written notice.
10.3 If we cancel your participation in the Trial pursuant to clause 10.1, we reserve the right to charge you £4000 towards the cost of your Battery.
Cancellation by you
11.1 Subject to clause 11.3, you have the right to cancel your participation in the Trial without giving any reason within 14 days of the date that we provided you a copy of these terms and conditions. This cancellation period will expire after 14 days from the day you were provided these terms.
11.2 To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement (eg a letter sent by post or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
Cancellation form To OVO: I/We hereby give notice that I/We cancel my/our contract for the supply of the Trial Services, Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date [*] Delete as appropriate
11.3 We will wait until the 14-day cancellation period in this clause 11 is over before we will carry out the Battery Installation, unless:
11.3.1 you want us to carry out the Battery Installation during the 14-day cancellation period;
11.3.2 we have agreed to do so; and
11.3.3 you have signed a written confirmation (a copy of which is set out in the box below) and given it to our representative (if you do this, the written confirmation which you sign will form part of this contract as though set out in full here).
Confirmation to start work early:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel the contract within 14 days. This may happen because you change your mind.
By signing this written confirmation and giving it to our representative, you agree that, on your request, we can start to carry out the services during the 14-day cancellation period.
You still have a right to change your mind and cancel the contract during the 14-day cancellation period, however, we will charge you for the cost of the services carried out by us until the time when you tell us that you want to cancel the contract. The amount we charge you will be in proportion to what we have carried out, in comparison with the full coverage of this contract.
You acknowledge, however, that you will lose the right to change your mind and cancel the contract during the 14-day cancellation period once the services have been fully carried out by us. If this happens, we will charge you for the full cost of the services carried out by us.
I/We [*] hereby give notice that I/We [*] request you to supply of the following service [*] on the following date [*] Name of consumer(s), Address of consumer(s), Signature of consumer(s), Date
[*] Delete/ insert details as appropriate
11.4 If you wish to cancel the Trial at any time after the 14 day cooling off period, you will need to provide us with at least 30 days' notice of termination, again by contacting us via the contact details and using the cancellation form in Section 11.2 above. Please note that if you cancel the Trial at any time after the Battery has been Installed, you will need to pay £4000 towards the cost of your Battery.
11.5 If you move out of your Property, we'll no longer be able to supply you with energy or control your Battery. You will need to arrange a Battery removal and reinstallation 30 days prior to your moving date. You can do this by contacting us using the details in Section 11. We will charge you for the cost of the Battery removal and reinstallation - please contact us and we (or our subcontractors) may be able to provide you with a quote for this work. If you move out of your Property and we do not reinstall the Battery in your new Property so that it can continue to be used it in the Trial, we reserve the right to charge you £4000 towards the cost of your Battery which we can no longer use in the Trial.
How to contact us and complaints
12.1 If you have any queries or need any support during the Trial Period you can contact us by emailing [email protected] or calling us on 0330 303 5063.
12.2 If you are unhappy with our service, you can submit a complaint in writing or over the phone by going to https://www.ovoenergy.com/feedback
12.3 We 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 .
13.1 Subject to Section 13.3, we will not be responsible for:
a. any failure of the Trial Services or your Battery to function correctly;
b. any costs, loss or damage you suffer as a result of events outside our reasonable control. Matters outside our reasonable control include (without limitation): severe weather conditions; epidemics; civil disorder; terrorist activity; hacking, tampering or other unauthorised access or use of any software used to provide the Trial Service; war; acts or omissions of electricity network operators, and government action;
c. any costs, loss or damage you suffer as a result of not participating in the Trial in accordance with these Terms and Conditions. This includes a failure to comply with instructions provided by us, Kaluza or sonnen;
d. any loss or damage to your property as a result of the Trial Services or the Trial, unless such loss and damage was caused solely be us;
e. 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 Trial Services and/or your participation in the Trial results in you exceeding the permitted data limit on your broadband; or
f. for any loss or damage you suffer caused by us, Kazula, sonnen or our agents, to the extent such loss or damage results from any breach by you of these Terms and Conditions.
13.2 Subject to Section 13.3, we will not be liable, whether caused by breach of contract, negligence, breach of statutory duty or otherwise, for any (a) loss or damage that we couldn’t reasonably have expected would result from breach of these Terms and Conditions at the time you entered into it, or (b) for any loss of savings, profit or business; or (c) for any indirect or consequential losses which you or anyone else suffers.
13.3 Nothing in these Terms and Conditions will affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.
13.4 Subject to Section 13.3, our maximum aggregate liability (including for negligence and breach of statutory duty) in connection with the Trial is limited to £10,000 for each unconnected event that we're directly responsible for and which has caused you loss or
damage, 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.
Changes to these Terms and Conditions
14.1 We may change these Terms and Conditions at any time during the Trial Period. You will be notified 30 days in advance via email or post before we make any changes.
15.1 We can transfer any of our rights or obligations under these Terms and Conditions without your permission. However, you must not transfer your rights or obligations under this contract to anyone without our permission.
15.2 If we need to give you a notice for any reason in connection with these Terms and Conditions, we may deliver it by hand or use the postal address and/or email address you have given us most recently. If we post a notice to you, it will be assumed to have been delivered two Working Days after it was posted. 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 email address we have for you (as applicable).
15.3 These Terms and Conditions, and any documents explicitly referred to in them, are the entire contract between you and us in relation to the Trial.
15.4 Nothing in these Terms and Conditions affects our legal rights or powers. Nothing in these Terms and Conditions affects any of your statutory rights that can’t be excluded by law.
15.5 If any part of these Terms and Conditions are void or unenforceable, the rest of these Terms and Conditions will be unaffected.
15.6 These Terms and Conditions are 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.
- In these Terms and Conditions the following terms will mean:
“Available Region” means those regions where we have an arrangement with the local distribution network operator to provide trial grid balancing services.
“Battery” means the sonnenBatterie with specification of 5kWh (including any ancillary equipment components that may be provided by us for example, extension antennae);
“Battery Installation” means the installation of the Battery as set out in section 5;
“Eligibility Criteria” means the eligibility criteria set out in section 4;
“Engineer” means one of our (or a subcontractor’s) engineers who is qualified to carry out the Battery Installation;
“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;
“Supply” (or similar expressions) means the sale by us to you of electricity via an electricity distribution network;
“Survey” means the evaluation of suitability of your Property for a Battery Installation by one of our Engineers through a visit to your Property;
“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.