1.1 These Smart Charger terms and conditions form the agreement between you and us:
- you are the person who has signed up to the Smart Charger; and
- we, us or our is Intelligent Energy Technology Limited. Our address is 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED. Intelligent Energy Technology Limited is a subsidiary of OVO Group Ltd.
1.2 OVO Electricity Limited or OVO supplies electricity to end users.
1.3 Capitalised terms used in this Agreement are defined in clause 16.
1.4 You agree that we may change this Agreement at any time. You will be notified 30 days in advance via email or post before we make any changes.
1.5 This Agreement is specific to the Smart Charger, and is separate to the Supply terms and conditions governing our supply and your use of electricity.
2. Smart Charger
2.1 If you accept and comply with this Agreement at all times:
- we will supply and install a Smart Charger at your Property for free (subject to any fees payable under clauses 4.3, 4.8 and 4.10). The usual cost of the supply and Installation is £800;
- we will then activate your Smart Charger and set up a default charging schedule. Once your Smart Charger is active, you’ll be able to charge your electric vehicle; and
- you will be able to download and use our Smart Charger app. Using the Smart Charger app, you can access the Smart Features.
2.2 Provided you are supplied by OVO and have an OVO Smart Meter with half hourly data preferences, you’ll also benefit from the Smart Features, these include:
- the ability to tell us when you want your car ready by, and we’ll work out when to start charging it;
- access to live and historical charging detail and insights; and
- the ability for us to pause charging in response to an instruction from National Grid or a network operator to maintain stability of the electricity network.
2.3 You can benefit from the Smart Features on any of OVO’s pay monthly energy plans, fixed or variable.
2.4 You accept that, because this Agreement is an early access 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.
3. OVO Smart Charger Eligibility
3.1 To be eligible for the Smart Charger, you must comply with the following Smart Charger Eligibility Criteria at all times:
- you must comply with this Agreement and, in connection with your Supply, the OVO Supply terms and conditions;
- 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. We reserve the right to request proof of this;
- you will not use the Smart Charger with any other electric vehicle or plug-in hybrid other than the one you have informed us about as part of the Smart Charger eligibility check. You must notify us in advance if you are changing this vehicle. It is your responsibility to ensure the compatibility of your new electric vehicle with the Smart Charger;
- you own the Property where the Smart Charger will be installed or you have express permission from the homeowner for an Installation;
- 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;
- your Property is situated in one of the Available Regions and is supplied with electricity by OVO;
- you pay us by monthly direct debit;
- 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;
- you will need to provide us 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; and
- following the Installation, and once we have registered the Smart Charger as “active”, you allow us to control your car charging as further explained in clauses 2.1 and 2.2.
3.2 Notwithstanding the Smart Charger Eligibility Criteria it is in our absolute discretion whether we sign you up to Smart Charger.
4.1 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.
4.2 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(h)), we may, at our discretion, send an Engineer to carry out a Survey.
4.3 There may be costs associated with a Survey. If there are, we’ll 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.
4.4 Whether we carry out the Installation is subject to the findings of the Survey. At our fair 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.
4.5 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.
4.6 If your Installation satisfies the following criteria, it will be considered a “Standard Installation”:
- the install location is less than 10m from your consumer unit (fuse box) and your internet router;
- the Property’s consumer unit (fuse box) is RCD protected and has a spare way for protecting the outgoing charge point circuit;
- you have a spare ethernet port on your internet router for us to connect the Smart Charger;
- the cables from the Smart Charger can be surface mounted and clipped directly to that surface, i.e. not over any non-permeable material;
- there are no ground works required;
- the Property has an earthing arrangement complying with current regulations; and
- the charge point will be fixed to the Property and able to utilise the Property’s earthing arrangement.
4.7 Standard Installations usually take between 1 and 4 hours, although they may take longer than this.
4.8 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.
4.9 If we aren’t able to complete any 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.
4.10 If you can’t make an appointment, 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.
4.11 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.
4.12 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.
4.13 We won’t start or continue the 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.
4.14 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.
5. Using the Smart Charger
5.1 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:
- following the manufacturer’s instructions and any other oral or written instructions we give you;
- not misusing, neglecting, tampering with or damaging the Smart Charger (including by disassembling it);
- not attempting to, and not allowing any third party to, carry out any repairs, replacement, modifications or alterations on the Smart Charger in any way; and
- ensuring the space surrounding the Smart Charger is suitable and safe for use, as instructed by us or our Engineers.
5.2 The Smart Charger is available as a tethered unit. At sign up, we’ll ask you which connection type you require (a type 1 or type 2 tethered cable). You are responsible for selecting the correct connection type for your electric vehicle (and any new electric vehicle you wish to use with the Smart Charger and we aren’t responsible if you select the incorrect connection type. If you select the incorrect connection type, we may charge you if a second Installation is needed to correct this.
5.3 In the event of any defects arising in the Smart Charger, which are caused by faulty design, manufacture or installation, we'll use reasonable efforts to rectify those, either through repair or replacement at our discretion, provided you have complied with your obligations under these terms and conditions and the defect is not caused by circumstances outside our reasonable control. However, because you are being provided the Smart Charger free of charge, you acknowledge that the Smart Charger is provided without any warranty or obligation to rectify, and we reserve the right to remove the Smart Charger in lieu of repairing or replacing the Smart Charger without any liability to you. This does not affect any mandatory rights or remedies you have under consumer law.
5.4 If you have any problems with the Smart Charger you should alert us as soon as possible at firstname.lastname@example.org quoting the serial number, the date of Installation and a brief description or the fault and our support teams will get in touch with you to diagnose the problem and arrange a support visit if necessary.
6. Smart Meters
6.1 You agree that you will have an OVO Smart Meter installed with half hourly communication preferences enabled, and that you will do this:
- prior to Installation if you are an existing OVO Supply customer; or
- 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.
6.2 Unless, or until, your OVO Smart Meter is installed and communicating with half hourly frequency, you won’t have access to the Smart Features (as described in clause 2.2) or Smart Charger app (as described in clause 2.1(c)). The Smart Charger will function as a standard electric vehicle home charge-point during this time.
7. Software and Firmware
7.1 The Smart Charger uses VCharge software to run. IET or its affiliates own (and will continue to own) the software and firmware and all intellectual property rights associated with the software and firmware.
7.2 The VCharge 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.
7.3 From time to time, we may update the software running on your Smart Charger (firmware). 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.
8. Removal of your Smart Charger
8.1 If you would like the Smart Charger removed, please contact us and we may be able to provide you with a quote for the removal work.
9. Switching away from OVO
9.1 If you switch your Supply to a different electricity supplier, we'll no longer be able to control your Smart Charger and you’ll lose access to the Smart Features. The Smart Charger will still function as a standard electric vehicle charger after you have left OVO.
10. Moving out of your property
10.1 If you are moving out of your Property, please contact us if you’d like to remain on Supply or 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.
11. Agreement termination
11.1 We may terminate this Agreement with immediate effect if you breach any of your obligations under this Agreement.
11.2 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 and continues for 14 days.
11.3 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.
11.4 If you cancel this contract after work has started, we will charge you our reasonable costs for:
- any work already carried out; or
- any goods already installed into your Property.
12. Our Liability
12.1 We won’t be responsible for:
- any failure of the Smart Charger to function correctly, including the Smart Features;
- 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 VCharge Software or Charger; war; acts or omissions of electricity network operators, and government action;
- 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;
- 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 or VCharge Software;
- 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
- 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.
12.2 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.
12.3 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.
12.4 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.
13. Using personal information
13.1 As part of your use of the Smart Charger, we may:
- access any data or information generated, collected, processed or stored by the Smart Charger; and
- also collect other information about you and your energy usage as part of providing the Smart Charger.
13.2 We use the information we access and/or collect to optimise the Smart Charger. 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 Smart Charger services to you.
13.3 As part of your use of the Smart Charger, we may also collect some personal data about you and your household to help us develop charging and related products in future. This could include demographic information, information about the other energy products in your home and information about your driving behaviours. This data will not be used for marketing purposes but may be shared with our Smart Charger partners and industry partners to enable both us and them to conduct our business and also to monitor the Smart Charger and your usage. We will reasonably minimise the amount and types of data we share for these purposes.
14. Complaints procedure
14.1 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 Intelligent Energy Technology Limited, 1 Rivergate, Temple Quay, Bristol, BS1 6ED.
14.2 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.
15. Other conditions
15.1 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.
15.2 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.
15.3 If we post a notice to you, it will be assumed to have been delivered two Working Days after it was posted.
15.4 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).
15.5 This Agreement, and any documents explicitly referred to in them, are the entire agreement between you and us in relation to the Smart Charger.
15.6 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.
15.7 If any part of this Agreement is void or unenforceable, the rest of the Agreement will be unaffected.
15.8 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.
16.1 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):
- Eastern England, 10;
- East Midlands, 11;
- London, 12;
- Merseyside and Northern Wales, 13;
- West Midlands, 14;
- North East England, 15;
- South Eastern England, 19;
- Southern England, 20;
- Southern Wales, 21; and
- 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 Meter and/or the Installation. Our Engineers will carry an identity card;
“Installation” means the installation of the Smart Charger as set out in clauses 4.1-4.14;
“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 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;
“Smart Features” means the internet connected features of the Smart Charger and the associated app as described in clause 2.2;
“Standard Installation” has the meaning given to it in clause 4.6;
“Supply” (or similar expressions) means the sale by OVO 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.