1.1 These Trial terms and conditions form the agreement between you and us:
(a) you are the person who has signed up to the Trial;
(b) we, us or our is Kaluza, Intelligent Energy Technology Limited. Our address is 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED; and
(c) OVO is OVO Electricity Ltd. Its address is 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED.
1.2 Kaluza, Intelligent Energy Technology Limited is a part of the OVO Group of companies and is running the Trial (as defined in clause 2 below). This agreement is specific to the Trial.
1.3 You will have a separate contract with OVO for OVO’s supply, and your use, of electricity. That contract will be governed by the Supply terms and conditions found here: https://www.ovoenergy.com/terms
1.4 This agreement is also separate to the contract(s) you will need to agree to for use of the Dimplex Control App , which have been supplied to you by a third party and for which we are not responsible. These can be found here: https://www.gdhv.com/iot/dimplex-controls-tsandcs
1.5 Capitalised terms used in this agreement are defined in clause 13.
1.6 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.
2. The Trial
2.1 Under this agreement, we:
(a) will control the charging of your Dimplex Heating Products with the aim of optimising their electricity consumption (the Trial Services);
(b) will receive data from Dimplex on your heating settings and from OVO relating to your Property’s Supply and your energy plan, to allow us to optimise in line with your heating requirements; and
(c) may contact you via phone, email or SMS for your feedback on your experience of the Trial.
2.1 The Trial and Trial Services will begin on the Start Date and continue for the Trial Period.
2.2 To take part in the Trial, you’ll need to comply with the Eligibility Criteria (see clause 3) throughout the Trial Period.
2.3 You accept that, because this is a trial 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.
2.4 If you comply with the terms of this agreement, you will receive the Trial Credit (see clause 5).
3.1 You will not be eligible for the Trial or allowed to continue participation, unless you meet and comply with the conditions set out in clause 3.2 and 3.3 (together, the “Eligibility Criteria”).
3.2 Before you join the Trial, you must:
(a) be on Supply with one of OVO’s fixed term plans. If you are not on an OVO fixed term plan, you agree to sign up to one (which may involve switching your electricity supplier). The Trial will not begin until you are on supply with OVO;
(b) have compatible Dimplex Heating Products installed in your home;
(c) connect your Dimplex Heating Products to a Dimplex Smart Hub;
(d) provide us with the unique ID of your Dimplex Smart Hub; and
(e) have an OVO Smart Meter installed at your Property (or agree to have one installed within a reasonable period of joining the Trial) and opt-in to half hourly data preferences on your OVO Smart Meter (see clause 8).
3.3 For the Trial Period, you must:
(a) remain on Supply with one of OVO’s fixed term tariffs and comply with the OVO Supply terms and conditions found here: https://www.ovoenergy.com/terms (see clause 7);
(b) comply with this agreement;
(c) comply with the Dimplex Control App terms which can be found here: https://www.gdhv.com/iot/dimplex-controls-tsandcs;
(d) use Dimplex Heating Products as the primary source of heating your Property;
(e) have a domestic broadband connection which is active and stable for our use at all times, with a spare Ethernet port connection and electrical socket. Internet data usage as a result of the Trial Services will be minimal;
(f) have a Dimplex Smart Hub and be able to connect your heaters to the hub via your domestic broadband connection using the dimplex control app;
(g) continue to have an OVO Smart Meter installed at your Property (or agree to have one installed within a reasonable period of joining the Trial) and remain opted-in to half hourly data preferences on your OVO Smart Meter (see clause 8)
(h) keep your Dimplex Heating Products online and connected to your Dimplex Smart Hub, so that Kaluza can control the times at which your heaters charge in line with your heating requirements; and
(i) pay OVO for your electricity Supply by monthly direct debit.
3.4 Notwithstanding the Eligibility Criteria, it is in our absolute discretion whether we sign you up to the Trial.
4. Trial Services
4.1 During the Trial we will aim to optimise for cost, and carbon intensity of the energy supplied, the times at which your Dimplex Heating Products charge. This might mean charging your heaters closer to the times you want them to heat your Property. If you are on an economy 7 tariff, where possible based on your own heating settings, we will use the off-peak rate to meet the temperatures and times you have set your heaters to run to. We’ll also gather data from your Dimplex Heating Products to enable us to do this.
4.2 We are not responsible for controlling when your Dimplex Heating Products provide you with heat or what temperature they are set to - this is your responsibility. It’s important to know that we’ll need to receive data from your Dimplex Heating Products that confirms when you want heat and what temperature you want, to allow us to execute the Smart Control of your heating.
4.3 We will also gather data from OVO on any Time of Use restrictions in your electricity tariff and execute the Smart Control of your heating in accordance with this requirement.
5. Dimplex Smart Hub
5.1 The Dimplex Smart Hub is an IoT gateway that connects your Dimplex Heating Products to the internet and allows you to use the Dimplex Control App to set your heating requirements and schedule for each individual heater or zones of heaters..
5.2 The Dimplex Smart Hub allows Dimplex to share your heating requirements with us so that we can optimise your electricity consumption as detailed in section 4.1.
5.3 If you sign-up to this Trial and meet all of the Eligibility Criteria in section 3, we will provide you with a Dimplex Smart Hub and connect it to your Dimplex Heating Products either during the install or afterwards on a separate occasion depending on what we agree with you.
6. Software relating to Kaluza control
6.1 The Dimplex Smart Hub sends data to us via the Dimplex IoT platform. The types of data we receive is detailed in Clause 12.1.
6.2 The Kaluza platform software, sends and receives instructions about when to charge your Dimplex Heating Products. It receives information about your heating requirements and schedule, the state of charge of your heaters and how long they take to charge. Kaluza or its affiliates own (and will continue to own) the software and all intellectual property rights associated with the software.
6.3 From time to time, Dimplex may update the software and/or firmware running on your Dimplex Smart Hub or Dimplex Heating Products. These updates may be to: ensure your Dimplex Smart Hub and Dimplex Heating Products function correctly; fix any issues that may arise; improve the way your Dimplex Smart Hub or Dimplex Heating Products work; add/remove data points that are reported by the device; add/remove further functionality; or for other reasons.
6.3.2 Upgrades to the Dimplex Heating Products will need to be carried out by an engineer in person. By signing up to this Trial, you are agreeing to allow us to carry out these updates at a time agreed between us and you. You will not be charged for these upgrades and we will try to minimise their impact on you.
7. Trial Credit
7.1 Provided you remain on the Trial and on Supply with OVO for three months after your Trial Start Date, and you comply with all of your obligations under this agreement, OVO will credit your account with a one-off amount (the Trial Credit). The Trial Credit will show on the next statement you receive after the Trial Credit has been applied. You will have been informed of the amount of the Trial Credit available to you when you signed up to the Trial.
7.2 If you do not comply with clause 7.1, you will not receive the Trial Credit.
7.3 The Trial Credit will be available on a limited volume basis to the first 30 customers who sign up to this Trial on a first come, first served basis. You will be informed at the point you agree to these terms whether you are eligible for the Trial Credit within this volume constraint.
8. OVO Smart Meters
8.1 If you don’t already have an OVO Smart Meter, pursuant to clause 3.2(c), we will contact you to arrange the installation of the OVO Smart Meter.
8.2 Notwithstanding anything in this agreement, neither you nor we will be in breach of this agreement if we can’t install an OVO Smart Meter due to physical factors at your Property which are beyond your or our reasonable control.
8.3 In order to take part in the Trial and remain part of the Trial you must be opt-ed in to half-hourly data preferences on your OVO Smart Meter. This means we will receive meter readings on a half hourly frequency in order to better understand your energy use. You may opt-out at any time by calling 0330 303 5063 but please note, you will no longer be able to take part in the Trial from the point your preferences are changed. Please see clauses 9 and 10 for further information.
9. The Trial and your OVO Supply
9.1 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.
9.2. If you move out of your Property or switch to a different electricity supplier, we will terminate your Trial. Your Trial will terminate on the day you move out of your Property or your supply switches away from OVO, as applicable.
9.3 OVO will not credit your account with the Trial Credit if within three months of the Start Date you: switch supplier; move out of your Property; or otherwise leave the Trial (see clause 7).
10. Agreement termination and extension
10.1 We may terminate this agreement with immediate effect if you breach any of your obligations under this agreement. We may also terminate your participation in the Trial at any time on notice to you, for any reason.
10.2 You can cancel this agreement during the “cooling off period” which runs from the day after this agreement is signed and continues for 14 days. This is subject to the Express Fit Waiver that states that if you’d like OVO energy to start your installation within your 14 day cooling off period then you agree to waiving the remainder of my cooling off period. You are free to book an installation after 14 days if you’d prefer to keep your full cooling off-period.
10.3 If you want to terminate this Trial before the end of the Trial Period, you need to contact email@example.com or call us on 0330 303 5063.
10.4 If you terminate the Trial, under any circumstances described in Clauses 9 or 10, before the end of the Trial Period, you will need to return your Dimplex Smart Hub to us. We will arrange this return with you when the Trial is terminated.
10.5 If you want to continue receiving the Trial Services after the Trial Period, we may be able to offer you an extension of the Trial or provide you with a new agreement for the Trial Services. If you wish to continue with any of the Trial Services please contact us on 0330 303 5063 before the Trial Period ends. However, we make no commitment that we will be able to provide either an extension or a new Trial Services agreement.
11. Contact and complaints
11.1 If you have any queries or need any support during the Trial you can contact us by emailing firstname.lastname@example.org or calling us on 0330 303 5063.
11.2 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.
11.3 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.
12. Using your personal information
12.1 As part of your participation in the Trial we may access information generated, collected, processed or stored by your Dimplex Heating Products and collect other information about you and your energy usage as part of providing the Trial Services.
12.2 The information referred to in clause 12.1 includes:
12.3 We use the information in clause 12.2 to provide and optimise the Trial Services and perform our contract with you.
12.4 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 Property), information about the other energy products in your home and information about your Property heating behaviour to enable us to develop new products, conduct our business 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.
12.5 We may share your data with OVO and Dimplex, who are our partners in this Trial, and other industry partners, to enable both us and them to conduct our business, develop and enhance products and services, and also to monitor the Trial Services and your usage. We will reasonably minimise the amount and types of data we share for these purposes.
13. Our Liability
13.1 We won’t be responsible for:
(a )any failure of the Trial Services 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: 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 using the Dimplex Heating Products in line with the instructions provided by the manufacturer and this agreement;
(d) any loss or damage to your property as a result of the Trial Services or the Trial;
(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, OVO, Dimplex or our agents, to the extent such loss or damage results 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, 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. Other Conditions
14.1 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.
14.2 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.
14.3 If we post a notice to you, it will be assumed to have been delivered two Working Days after it was posted.
14.4 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).
14.5 This agreement, and any documents explicitly referred to in it, is the entire agreement between you and us in relation to the Trial.
14.6 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.
14.7 If any part of this agreement is void or unenforceable, the rest of the agreement will be unaffected.
14.8 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.
Dimplex means GDC Group Ltd (registered in England and Wales No.01313016) trading as Glen Dimplex Heating and Ventilation (“GDHV”). GDC Group Ltd are at Millbrook House, Grange Drive, Hedge End, Southampton, Hampshire, SO30 2DF;
Dimplex Control App means the mobile application that can be downloaded from the Apple Store or Google Play Store which is provided by Dimplex to act as an interface between you and your Dimplex Heating Products. From this app you are able to set and control your heating requirements which is then communicated via the Smart Hub to your Dimplex Heating Products.
Dimplex Heating Products means the Dimplex branded electric heating appliances installed in your Property and purchased from OVO Energy under the Smart Home Heat terms which are available at https://www.ovoenergy.com/terms/smart-home-heat.
Dimplex Smart Hub is the IoT gateway device that connects your Dimplex Heating Products to the internet;.
IoT means internet of things;
OVO Smart Meter means a credit electricity meter that is able to supply OVO with half hourly meter readings through wifi or GSM;
Property means the property or premises which has an OVO Supply and at which the Dimplex Heating Products are installed;
Start Date means the date we notify you that the Trial has begun, which will occur after we’re satisfied that you have complied with all of the Eligibility Criteria;
Smart Control - means charging your Dimplex Heating Products to minimise costs and maximise efficiency within the constraints of your energy tariff and the scheduling and settings of your Dimplex Heating Products;
Supply (or similar expressions) means the sale by OVO to you of electricity via an electricity distribution network;
Time of Use means a tariff structure such as Economy 7 that has different electricity prices dependent on the time of day;
Trial means this Smart Heating Trial, including all services supplied by us to you under this agreement for the Trial Period;
Trial Period means the period from your Start Date for the following 12 months ;
Trial Services mean the Smart Control as described; and
Working Day means any day other than a Saturday, 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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