Smart Control Trial Terms and Conditions
These Terms and Conditions govern your participation in the Smart Control Trial (the Trial) and form the agreement between you and OVO Electricity 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 firstname.lastname@example.org or on 0330 303 5063.
1. Our Partners
1.1 As well as OVO, two other companies are mentioned in these Terms and Conditions – Dimplex and Kaluza. These companies help us to provide you with the Trial Services (as defined in Section 2 below):
Dimplex: Dimplex provides both your smart heaters (the Dimplex Heating Products) which are or will be installed in your home and the Dimplex Hub which connects your Dimplex Heating Products together so you can control them individually or in groups via the Dimplex Control App (a mobile app). Data about your heating settings is then shared with us, via Kaluza.
Kaluza, Intelligent Energy Technology Limited: Kaluza is our intelligent energy software company. This software alters and optimises the electricity consumption of your Dimplex Heating Products with the aim to lower costs and the carbon intensity of the energy we supply. Kaluza will also monitor your heat usage to help us to improve the services that we can provide you.
2. How Smart Control Works
2.1 During the Trial, working with Dimplex and Kaluza, we will control the charging of your Dimplex Heating Products with the aim of optimising their electricity consumption to lower both the cost and the carbon intensity of the energy supplied (the Trial Services)
*To find out more about how the smart heating works, please click here.*
2.2 As part of your participation in the Trial, we will access and share information generated, collected, processed or stored by your Dimplex Heating Products 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.
2.3 Both Dimplex and Kaluza may also access and share information generated, collected, processed or stored in connection with your participation in the Trial.
Please see Section 5 below for more information on your data use.
2.4 You accept that, because this is a trial offering, there may be delays, reduced functionality and other disruption and issues, for which neither we, Dimplex or Kaluza will be liable. If any of these arise, we'll try to minimise their impact on you.
3.1 To take part in the Trial, you'll need to meet and comply with the conditions set out in this Section 3 (the Eligibility Criteria) throughout the Trial Period
3.2 Before you can join the Trial, you must:
3.2.1 be an OVO customer and be on one of OVO’s fixed term plans (minimum two year contract). If you are not on an OVO fixed term plan, you must agree to sign up to one of OVO’s fixed term plans (which will involve switching your electricity supplier);
3.2.2 have compatible Dimplex Heating Products installed in your home;
3.2.3 connect your Dimplex Heating Products to a Dimplex Hub and provide us with the unique ID of your Dimplex Hub;
3.2.4 have an OVO Smart Meter (an electricity meter) installed at your home (or agree to have one installed within a reasonable period of joining the Trial); and
3.2.5 opt-in to half hourly data preferences on your OVO Smart Meter.
3.3 During the Trial, you must:
3.3.1 remain on one of OVO’s fixed term tariffs;
3.3.2 comply with all the relevant OVO terms and conditions relating to your energy supply (which can be found here), as well as the terms and conditions of Dimplex – which can be found here (Dimplex);
3.3.3 use Dimplex Heating Products as the primary source of heating your property;
3.3.4 have a domestic broadband connection which is active and stable for use at all times, with a spare Ethernet port connection and electrical socket. We anticipate that internet data usage as a result of the Trial Services will be or low, likely minimal;
3.3.5 have a Dimplex Hub and be able to connect your heaters to the hub via your domestic broadband connection using the Dimplex Control App;
3.3.6 keep your Dimplex Heating Products online and connected to your Dimplex Hub, so that we (via Kaluza) can control the times at which your Dimplex Smart Heaters charge in line with your heating requirements; and
3.3.7 pay OVO for your electricity supply by ongoing monthly direct debit.
3.4 You accept that 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.
3.5 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, 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.
4. Trial Period and renewal
4.1 Your Trial will start on the date we notify you in writing that your Trial Services have begun (which will occur after we are satisfied that you have complied with all of the Eligibility Criteria set out in Section 3) and last for a period of twelve (12) months from the date of notification (the Trial Period), subject to you or us terminating the Trial earlier in accordance with these Terms and Conditions or the Trial Period being extended in accordance with clause 4.2 below.
4.2 Where we are able to offer a Trial Period of longer than twelve (12) months we may automatically extend your Trial Period for an additional period following the end of the initial twelve (12) months or provide you with a new agreement for the Trial Services. However, we make no commitment that we will be able to provide either an extension or a new agreement for the Trial Services.
4.3 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.
4.4 At the end of the Trial Period, or if your participation in the Trial ceases for any reason, you will keep the Dimplex Heating Products and Dimplex Hub (and these will continue to function), but you will no longer benefit from the Trial Services. Although note that if your participation in the Trial ceases for reasons within your control, we reserve the right to charge you an amount equal to the RRP of the Dimplex Hub.
5. How we use your data
5.1 Please click here for information on what data is collected and how this data is shared between us, Dimplex and Kaluza.
5.4 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.
6. Dimplex Hub
6.1 Your Dimplex Hub will either be delivered to you via our third party courier (if your Dimplex Heating Products have been installed by a third party) or if you have had your Dimplex Heating Products installed through OVO your Dimplex Hub will be provided to you at the same time as your heaters are installed.
6.2 Please notify us immediately in the event that your Dimplex Hub is damaged or not functioning correctly. We reserve the right to charge you for a repair or replacement if your Dimplex Hub is lost or damaged.
6.3 You are the owner of the Dimplex Hub once you receive it. At the end of your Trial the Dimplex Hub is yours to keep but if you do not participate in the full twelve (12) month trial we reserve the right to charge you for it.
6.4 Your Dimplex Hub provides us, Dimplex and Kaluza with information about your energy usage such as the energy stored in your heater, energy used today, remaining capacity, room temperature and daily runtime so that we can optimize your energy consumption. See Section 5 above for more details on exactly what information we collect and how it is used and links to all our privacy policies.
7. OVO Smart Meter
7.1 If you don't already have an OVO Smart Meter, pursuant to Section 3.2.4, we will contact you to arrange the installation of the OVO Smart Meter. Your OVO Smart Meter will be subject to the terms relating to Smart Meters in our Core Terms and Conditions of Supply.
7.2 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.
8. Termination and how to cancel
8.1 We may terminate these Terms and Conditions and your participation in the Trial with immediate effect on giving you written notice if:
8.1.1 you breach any of your obligations under these Terms and Conditions; or
8.1.2 at any time during the Trial Period you fail to meet any of the Eligibility Criteria (see Section 3 above).
8.2 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.
8.3 If you move out of your property or switch to a different electricity supplier, we will terminate your Trial on the day you move out of your property or your supply switches away from OVO. Any outstanding charges must be paid immediately on our request.
8.4 You may cancel the Trial immediately at any time during the 14 day period which begins from the day after we notify you that your Trial Period has begun (see Section 4 above). You will need to contact us by email or by calling us using the contact details in Section 9.1 below.
8.5 If you wish to cancel the Trial and terminate these Terms and Conditions at any time after the 14 day period, you will need to provide us with at least 30 days' notice of termination, again by contacting us via the contact details in Section 8.1 below.
8.6 Please note that if you have purchased your Dimplex heaters through OVO, the cancellation of the Trial will not affect your Smart Home Heat Terms and Conditions which will still remain in full force and effect as will any finance agreement you may have in place for the purchase of your Dimplex Heating Products.
8.7 We reserve the right to charge you for your Dimplex Hub if we cancel your Trial as a result of a breach by you of these Terms and Conditions.
9. How to contact us and complaints
9.1 If you have any queries or need any support during the Trial Period you can contact us by emailing email@example.com or calling us on 0330 303 5063.
9.2 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
9.3 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 (excluding Saturdays, Sundays or bank holidays in England, Scotland or Wales).
10. OVO's liability
10.1 Subject to Section 10.3, we will not be responsible for:
10.1.1 any failure of the Trial Services to function correctly;
10.1.2 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;
10.1.3 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 Dimplex;
10.1.4 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;
10.1.5 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
10.1.6 for any loss or damage you suffer caused by us, Kazula, Dimplex or our agents, to the extent such loss or damage results from any breach by you of these Terms and Conditions.
10.2 Subject to Section 10.3, 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.
10.3 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.
10.4 Subject to Section 10.3, 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.
10.5 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 provide the Trial Services.
10.6 You accept that Dimplex and Kaluza are third party providers and that OVO is not responsible for their products and services (including the Dimplex Smart Heaters, the Dimplex Hub and the Dimplex Control App). You should contact Dimplex or Kaluza directly if you experience any issues or problems with their products or services.
11. Changes to these Terms and Conditions
11.1 We can make changes to these Terms and Conditions at any time, including amending or withdrawing the Trial. If we make changes, we’ll make a copy of any new terms and conditions available on our website. Please check this page regularly to review updated terms. The date these terms were last updated is at the bottom of this page. Any changes will take effect from the date that we publish them on our website. If you don’t have access to our website you can ask for a copy of our latest terms by getting in touch.
11.2 If you do not agree with the changes and do not wish to continue receiving the Trial Services under the updated Terms and Conditions, you can terminate your Trial using the methods listed in Section 8 (Termination and how to cancel).
12.1 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.
12.2 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).
12.3 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.
12.4 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.
12.5 If any part of these Terms and Conditions are void or unenforceable, the rest of these Terms and Conditions will be unaffected.
12.6 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.
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 Dimplex 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 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 (or longer in the event that your trial is extended in accordance with these Terms and Conditions);
Trial Services mean the Smart Control as described in 2.1; 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.
Last Updated: 29/01/2020