1.1 These OVO Energy Smart Charger terms and conditions form the agreement between you and us:
(a) you are the person who has signed up to the EV Everywhere bundle;
(b) we, us or our is OVO Energy Limited. Our address is 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED.
1.2 Capitalised terms used in this agreement are defined in clause 17.
1.3 This agreement is specific to the Smart Charger. It is separate to the OVO Supply terms and conditions governing the supply of electricity to you by OVO Electricity and your use of that electricity.
OVO Electricity is OVO Electricity Limited. Its address is 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED. OVO Electricity is a part of the OVO Group of companies and is the company which supplies you with electricity. When we refer to “OVO” or “OVO Energy” in the context of the company that supplies electricity to you, we are referring to OVO Electricity.
Kaluza is Intelligent Energy Technology Ltd. Its address is 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED. Kaluza is a part of the OVO Group of companies and is one of our partners in running the EV Everywhere bundle.
2. Smart Charger
2.1 If you accept and comply with this agreement:
(a) we will supply and install a Smart Charger at your Property. We will then activate your Smart Charger. Once your Smart Charger is active, you’ll be able to charge your electric vehicle; and
(b) you will be able to download and use the Kaluza App. In order to benefit from the app features, you’ll need to accept the app terms and conditions.
3. Smart Charger Eligibility
3.1 To be eligible for the Smart Charger installation, you must comply with the following Smart Charger Eligibility Criteria at all times:
(b) you own, lease, or are the primary named driver of an electric vehicle or plug-in hybrid electric vehicle. This includes salary sacrifice car schemes, designated use of a company car and most leasing arrangements. You will be required to provide proof of this;
(c) you own the Property where the Smart Charger will be installed or you have express permission from the homeowner for an Installation;
(d) you have also obtained 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;
(e) your Property is situated in one of the Available Regions;
(f) you have a domestic broadband connection with a spare ethernet port and an electrical socket, for us to plug the Smart Charger into. These will both need to be active and stable for our use at all times. Internet data usage will be minimal. If you do not have a spare ethernet port, there may be additional costs for a wi-fi or 3G/4G dongle to ensure the Smart Charger can connect to the internet. We'll always inform you of these costs in advance and you have no obligation to continue with the Installation if you do not wish to pay them;
(g) you will need to provide us, or our subcontractors, with sufficient photographic information and evidence to satisfy us that you have a suitable place to install the Smart Charger in a private, off street parking space on your Property (for further details please see clause 5.5); and
(h) following the Installation, and once we have registered the Smart Charger as “active”, you allow us to control your car charging as per the schedules you set in the Kaluza App.
3.2 Notwithstanding the Smart Charger Eligibility Criteria it is in our absolute discretion whether we sign you up to Smart Charger.
4. OLEV Grant
4.1 OVO Energy is an OLEV accredited retailer and the Smart Charger is an OLEV accredited home charge point. This means your Smart Charger Installation is potentially eligible for the OLEV Grant, under which the government provides customers with a contribution to the cost of the Smart Charger.
4.2 To be eligible to claim the OLEV Grant, you must comply with the following eligibility criteria:
(a) You are the designated main user / owner of an eligible electric vehicle (EV) as listed by OLEV, after the 1st October 2016, or have an EV on order.
(c) You have not received the OLEV Grant for this vehicle before.
(d) You reside in mainland England, Scotland, or Wales.
(e) The installation address specified on the application form is a residential address and you either own the property or have the consent from the landlord for the Smart Charger to be installed.
(f) There is a garage or other suitable private off street parking within your premises, compliant to the conditions set by OLEV, allowing you to charge your vehicle safely without creating a trip or other health and safety risk to yourself or any other party, with modern household electrics.
(g) You declare that you will not claim the VAT back on the installation of this Smart Charger from HMRC.
(h) You give OVO Energy, and our subcontractors, permission to apply for the government Electric Vehicle Homecharge Scheme grant on your behalf and that you may be contacted in the future by the Office for Low Emission Vehicles (OLEV) or its agents to conduct a random check.
4.3 We will assess your eligibility for the OLEV Grant prior to confirming your installation. If we discover you are ineligible for the OLEV Grant before we install the Smart Charger, we will let you know and you can choose to proceed with your installation for an additional payment, or decide not to proceed. If after we have installed the Smart Charger we subsequently discover that you are ineligible because you provided us with incorrect information, we reserve the right to charge you an amount equal to the OLEV Grant, towards the cost of your Smart Charger and installation.
4.4 Full details of the OLEV Grant eligibility and the process can be found here. The OLEV eligibility criteria may change from time to time.
5.1 We (or our subcontractors) will contact you to arrange the Installation. You agree to allow our Engineers to access your Property to carry out a Survey (if required) and the Installation.
5.2 If we aren’t able to confirm whether you have a suitable location to install the Smart Charger from photographs you have sent to us (see clause 3.1(g)), we may, at our discretion, send an Engineer to carry out a Survey.
5.3 There may be costs associated with a Survey. If there are, we (or our subcontractors) will provide you with a quote beforehand. You’ll be responsible for these costs but aren’t under any obligation to proceed with the Survey - though without one we may not be able to install a Smart Charger.
5.4 Whether we carry out the Installation is subject to the findings of the Survey. At our discretion, we may cancel any Installation date we have given you and/or terminate this agreement 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 an Installation for these reasons.
5.5 You must have a suitable space at your Property for us to install the Smart Charger. We must be able to access the electricity meter or main fuse board to install power sensing and control hardware used to instruct the Smart Charger.
5.6 If your Installation satisfies the following criteria, it will be considered a “Standard Installation”:
(a) the install location is less than 10m from your consumer unit (fuse box) and your internet router;
(b) the Property’s consumer unit (fuse box) is RCD protected and has a spare way for protecting the outgoing charge point circuit;
(c) you have a spare ethernet port on your internet router for us to connect the Smart Charger;
(d) the cables from the Smart Charger can be surface mounted and clipped directly to that surface, i.e. not over any non-permeable material;
(e) there are no ground works required;
(f) the Property has an earthing arrangement complying with current regulations; and
(g) the charge point will be fixed to the Property and able to utilise the Property’s earthing arrangement.
5.7 Standard Installations usually take between 1 and 4 hours, although they may take longer than this.
5.8 Installations which aren’t Standard Installations may take longer than 4 hours and you may have to pay a fee. We’ll provide you with a quote for the work in advance and you’ll be under no obligation to proceed.
5.9 If we aren’t able to complete an Installation in a single appointment, we’ll make an additional appointment to complete the work. Subject to any fees we’ve told you about, you won’t be charged additional fees for this additional appointment.
5.10 If your scheduled appointment is no longer convenient please contact us at least 24 hours before its scheduled time. If you fail to keep an appointment on more than two occasions, we may charge an additional fee.
5.11 We aren’t responsible for any losses you incur due to delays to your Installation, however caused. We won’t pay any compensation if we can’t complete an Installation during a scheduled appointment.
5.12 Our Engineers will take reasonable care to carry out the Installation without causing unnecessary damage. We’ll fix any unnecessary damage to your Property that is directly caused by our negligence.
5.13 We won’t start or continue the Installation 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.
5.14 If we are unable to complete the Installation for any reason that is not our fault you may still be liable for reasonable costs we incur.
6. Using the Smart Charger
6.1 Once we have carried out the Installation, you will become the owner of the Smart Charger. 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 oral or written instructions we give you;
(b) not misusing, neglecting, tampering with or damaging the Smart Charger (including by disassembling it);
(c) 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 Smart Charger in any way; and
(d) ensuring the space surrounding the Smart Charger is suitable and safe for use, as instructed by us or our Engineers.
6.2 The Smart Charger is available as an untethered, tethered type 1, or tethered type 2 unit. Prior to 16.10.2019 the charger was available only as an untethered, universal socket.
6.3 The Smart Charger is covered by a three year manufacturer’s warranty, which is provided in the box with the charger.
6.4 If you have any problems with the Smart Charger you should alert us as soon as possible at [email protected] quoting the serial number, the date of Installation and a brief description of the fault and our support teams will get in touch with you to diagnose the problem and arrange a support visit if necessary.
7. Smart Meters
7.1 You agree that you will have an OVO Smart Meter installed with half hourly communication preferences enabled, and that you will do this:
(a) prior to Installation if you are an existing OVO Supply customer; or
(b) within the 12 months following the Installation of your Smart Charger if you are joining OVO for Supply at the same time as entering into this agreement.
8. Software and Firmware
8.1 The Smart Charger uses Kaluza software to run. Kaluza or its affiliates own (and will continue to own) the software and firmware and all intellectual property rights associated with the software and firmware.
8.2 The Kaluza software controls the Smart Charger, sending and receiving instructions about when to charge your vehicle battery. It receives information about when you plug in and unplug your vehicle, the state of charge of your battery and how long it takes to charge.
8.3 From time to time, we may update the software and/or firmware running on your Smart Charger. These updates may be to: ensure your Smart Charger functions correctly; fix any issues that may arise; improve the way your Smart Charger works; add/remove data points that are reported by the device; add/remove further functionality; or for other reasons.
9. Removal of your Smart Charger
9.1 If you would like the Smart Charger removed, please contact us and we (or our subcontractors) may be able to provide you with a quote for the removal work.
10. Switching away from OVO
10.1 If you switch your Supply to a different electricity supplier, the Smart Charger will continue to function.
11. Moving out of your property
11.1 If you are moving out of your Property, please contact us if you’d like to take your Smart Charger with you. We may be able to provide you with a quote for removing your Smart Charger and reinstalling at your new property.
12. Agreement termination
12.1 We may terminate this agreement with immediate effect if you breach any of your obligations under this agreement.
12.2 You can cancel this agreement during the “cooling off period”, provided that our Engineers have not already installed the Smart Charger and you have not told us that you would like us to start work before your cooling off period ends. The cooling off period runs from the day after this agreement and continues for 14 days.
12.3 If you have asked us to start work before the end of the cooling off period, you’ll be asked to make an “express request” confirming that you are happy for work to begin during the cooling off period. If you make an “express request” for the work to start you can still cancel within the cooling off period, as long as the Installation is not completely finished. However, if you do cancel after making the “express request” you will be liable for any work performed up to the point of cancellation.
12.4 If you cancel this contract after work has started, we will charge you our reasonable costs for:
(a) any work already carried out; or
(b) any goods already installed into your Property.
13. Our Liability
13.1 We won’t be responsible for:
(a) any costs, loss or damage you suffer as a result of events outside our reasonable control. Matters outside our reasonable control include: severe weather conditions; epidemics; civil disorder; terrorist activity; hacking, tampering or other unauthorised access or use of the Kaluza software, Smart Charger or Kaluza App; war; acts or omissions of electricity network operators, and government action;
(b) any costs, loss or damage you suffer as a result of not using the the Smart Charger in line with our instructions and this agreement;
(c) any loss or damage to your property (including your Property and electric vehicle) as a result of the installation or use of the Smart Charger, unless caused by our our our agents’ negligence;
(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 Smart Charger offer and/or your use of the Smart Charger results in you exceeding the permitted data limit on your broadband; or
(e) for any loss or damage you suffer to the extent resulting from any breach by you of this agreement.
13.2 We aren’t 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 this agreement at the time you entered into it, or (b) for any loss of business or profit; or (c) for any indirect or consequential losses which you or anyone else suffers.
13.3 Nothing in this agreement will affect our liability to you for death or personal injury as a result of our negligence, or for fraud or fraudulent misrepresentation.
13.4 Our maximum aggregate 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.
14. Using personal information
14.1 As part of your use of the Smart Charger and Kaluza App, we may:
(a) access and collect data and information generated, collected, processed or stored by the Smart Charger and Kaluza App; and
(b) access and collect other information about you and your energy usage as part of providing the Smart Charger.
14.2 We use the information we access and/or collect to optimise the Smart Charger, Kaluza App and the Kaluza software; and in order to provide our services to you or as a necessary part of our business. We may pass such information to our suppliers for such purposes. We and they may also anonymise your energy consumption data, combine it with consumption data from other customers and may share it with the government, regulators and industry partners as part of providing the Smart Charger services to you.
14.3 As part of your use of the Smart Charger, we and our suppliers and agents may reach out to you from time to time to conduct research to help us develop charging and related products in the future.
15. Complaints procedure
15.1 You can submit a complaint in person, in writing or over the phone by:
(c) writing to us or visit us at Intelligent Energy Technology Limited, 1 Rivergate, Temple Quay, Bristol, BS1 6ED.
15.2 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.
16. Other conditions
16.1 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.
16.2 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.
16.3 If we post a notice to you, it will be assumed to have been delivered two Working Days after it was posted.
16.4 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).
16.5 This agreement, and any documents explicitly referred to in it or provided to you by us in relation to the Smart Charger, is the entire agreement between you and us in relation to the Smart Charger.
16.6 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.
16.7 If any part of this agreement is void or unenforceable, the rest of the agreement will be unaffected.
16.8 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.
17.1 In this agreement the following terms will mean:
Available Regions means the following UK regions (based on Grid Supply Point regions) where Smart Charger 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) North East England, 15;
(g) North West England, 16;
(h) South Eastern England, 19;
(i) Southern England, 20;
(j) Southern Wales, 21; and
(k) South Western England, 22;
Engineer means one of our (or a subcontractor’s) engineers who is qualified to carry out the Survey, installation of the Smart Charger and/or the Installation. Our Engineers will carry an identity card;
Installation means the installation of the Smart Charger as set out in clause 5;
Kaluza App means the mobile web app which allows facilitates intelligent control of the Smart Charger by allowing you to set your charging schedule and review historic charging data, and allows Kaluza to determine when to charge your vehicle battery;
MPAN means Meter Point Administration Number and is a 13-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 electricity pay monthly meter that is able to supply OVO with half hourly meter readings through wifi or GSM;
Property means the property or premises at which the Smart Charger will be Installed;
Smart Charger means the 7kW electric vehicle home charge point (including any ancillary equipment);
Smart Charger Eligibility Criteria means the eligibility criteria set out in clause 3.1;
Standard Installation has the meaning given to it in clause 5.6;
Supply (or similar expressions) means the sale by OVO Electricity to you of electricity via an electricity distribution network;
Survey means the evaluation of suitability of your Property for Installation of the Smart Charger by one of our Engineers through a visit to your Property; 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 refer to a calendar day.
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