tado° Smart Thermostat Offer terms

Last updated 8 July 2024

1. These Terms 

1.1 These terms and conditions (the “Terms”) form the agreement between you and us:

(a) “you” are the person who has purchased a Smart Thermostat from us; 

(b) “we”, “us” or “our” is OVO (S) Gas Limited. Our address is 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED.

1.2 Capitalised terms used in this agreement are defined in section 14.

1.3 These Terms only relate to your purchase of a tado° smart thermostat (“Smart Thermostat”) and are separate to  the OVO Core Terms and Conditions (Core Terms) and any specific terms which may apply to the tariff you’re on.

2. Your Order 

2.1 These Terms (and the agreement between us) will come into effect once you’ve received confirmation of our acceptance of your order for a Smart Thermostat. 

2.2 If we’ve accepted your order for a Smart Thermostat we’ll send you an email (to the email address registered with your OVO account) confirming your order. We’ll also provide you with other relevant information about the Smart Thermostat, including general product details, your estimated delivery date and cancellation rights.

2.3 If, for any reason, we’re unable to accept your order, we’ll get in touch to let you know why. One of the reasons that we may not be able to accept your order could be that you don’t meet our eligibility criteria (see section 3 below).

3. Eligibility Criteria

3.1 You can only take advantage of this offer if you meet the following eligibility criteria: 

a) You’re currently an OVO customer and take your gas and electricity supply from us;  b) you have a standard gas combination boiler or conventional system boiler (with a separate hot water tank). Your boiler will also need to be compatible with the Smart Thermostat.  The Smart Thermostat is compatible with most boilers, but there are some exceptions. See here for the compatibility instructions provided by tado°. Your heating system must be in good working order at the time of installation; c) you have the landlord’s permission to have a Smart Thermostat installed if you’re not the homeowner. 

4. Your tado°

4.1 To fully benefit from the Connected Proposition (see section 4.3 below) you’ll need to have a communicating gas Smart Meter, or be willing to have one installed. Please note that not all OVO customers will be able to have a smart meter. Sometimes we can’t install smart meters in homes for practical or technical reasons. For instance, we might not be currently installing smart meters in your area. Or your Property might not be suitable for one – for example, smart meter(s) won’t be installed if there's anything blocking access to your current meter(s). Sometimes we won’t know this until an engineer has been to your home. If we can’t install a smart meter in your home, we’ll let you know. You’ll also need an Android or iOS device with an up to date operating system, with internet access. 

4.2 If you’ve chosen to install the Smart Thermostat yourself, we won’t be responsible, and no refund will be given, for any damage to the Smart Thermostat or your Property. We also won’t be responsible for any other costs, loss or damage you suffer caused by the incorrect installation of your Smart Thermostat.   

4.3 Once your Smart Thermostat is installed you can connect it to your OVO account and receive energy insights via your OVO account (Connected Proposition). To fully benefit from the Connected Proposition, you’ll need to have a smartphone to be able download the tado° app and relevant OVO app(s). OVO reserves the right to amend and adjust the insights or controls available as part of this Connected Proposition.

4.4 Any recommendations we may make about your energy usage and or potential bill savings are estimates only. And any actual savings or benefits you may receive will depend on the type of heating system in your home, how your home is insulated, and your energy usage patterns.

4.5 An independent study has shown that installing and correctly using a Smart Thermostat can reduce your energy use from heating by up to 28%. You can read more about this study here.

5. Paying for your Smart Thermostat

5.1 You can pay via credit or debit card when you purchase your Smart Thermostat. You may also be offered the option to pay monthly for your Smart Thermostat. You can pay for your Smart Thermostat in instalments as part of an OVO energy tariff that includes a Smart Thermostat, subject to eligibility and your credit status. Please note that you can only pay by instalments for the cost of your Smart Thermostat. You must pay any installation costs in full. If you pay monthly,  you’ll be billed monthly via the Direct Debit for your energy bill. The first payment will be added to your next bill following the purchase of your Smart Thermostat (which may be before your Smart Thermostat is installed). Your monthly direct debit may need to be increased to ensure this cost is covered. The payment will appear on your energy bill as “Smart Thermostat”. If you want to switch to a different supplier or switch to a different OVO energy plan before your plan ends, then your plan will be terminated and termination fees may apply (see OVO Core T&Cs). We’ll need to collect the remaining balance due for your Smart Thermostat before you leave OVO. This outstanding amount will be added to your final bill. We also reserve the right to request payment of the remaining balance due for the Smart Thermostat if your account goes into debt, or if you’re otherwise in breach of these terms

5.2 In order to be eligible to purchase the Smart Thermostat via monthly instalments:

(a) you must pay your bill by Direct Debit;

(b) you must be on a fixed tariff and have 3 months or more left on your contract;

(c) your account must not be in arrears; and

(d) your predicted end of contract balance must be £50 or more

We also reserve the right to undertake a credit check, which may affect your credit rating, before accepting your order and allowing you to pay monthly.

5.3 No additional payments or upfront payments of the full amount can be made if you choose to pay by instalments.

6. Manufacturer's Warranty

6.1 The Smart Thermostat comes with a 2 year warranty from the manufacturer. For further information about the specific product warranty including any exclusions, please visit section 13 of the manufacturer’s terms: tado.com/gb-en/terms-and-conditions.

6.2 Please read the terms of the manufacturer's warranty carefully. Your warranty may be void if the Smart Thermostat is not used in accordance with the terms of the warranty and / or the manufacturer’s instructions or recommendations.

6.3 Any obligations to maintain the Smart Thermostat that are conditions of the manufacturer’s warranty are your responsibility to perform and maintain a record of.

6.4 If you have any issues with your Smart Thermostat you should contact the manufacturer directly via their nominated support channels.

7. Installation

7.1 You can book an appointment online at: ondemand.ovoenergy.com/tadoinstallation/postcode. 

7.2 Your appointment will be for the fitting of one Smart Thermostat to control your whole home. The engineer will not be able to fit multiple Smart Thermostats, multiple heating zones or any other additional products during the appointment.

7.3 On the day of your appointment, you’ll need to make sure that there’s someone over the age of 18 in the house at all times. All our engineers will carry ID. 

7.4 Please note that our engineers will need clear access, so please make sure that any obstructions are removed.

7.5 If you don’t allow us access to your Property to perform the installation (and you don’t have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we’re unable to contact you or re-arrange access to your Property we may end the contract.

7.6 In certain circumstances, including (but not limited to) the following, the engineer might stop the service if: 

(a) They can’t gain access;

(b) They consider that the circumstances to carry out the work are potentially dangerous 

(c) There’s a risk to health or safety;

(d) There are hazardous materials or infestation; or

(e) The engineer is subject to verbal or physical abuse of any kind.

7.7 We’ll take reasonable care to carry out the works without causing unnecessary damage to the Property. We aren’t responsible for making good any damage caused, unless we’ve failed to take reasonable care. We aren’t responsible for the cost of repairing any pre-existing faults or damage to your Property that we discover while providing the services. 

7.8 Payment for your installation will be due as a single payment within 7 days of the installation being successfully completed. The cost of the installation will be specified during the booking process and on your invoice.

8. Installation Permission and consents

8.1 You confirm that you either own or live in the Property, and you have permission to enter into this contract. You may need additional permissions e.g. if you don't own the Property, you may need your landlord’s or local council's permission to carry out the work.

8.2 It's your responsibility to get any permission needed for the work. You’ll be responsible for any losses or costs we suffer if claims are made against us for work carried out without the proper permission.

9. Installation Delays

9.1 We’ll aim to start the work on the time and date we agreed with you when you complete the booking journey. But there may be circumstances outside of our control that prevent us keeping to these timescales. We’ll contact you as soon as possible to let you know if there’s a delay, and rearrange the appointment with you.

9.2 We’ll do our best to complete the works promptly, but we’re not responsible for delays where:

(a) additional work is required, which isn’t set out in your quote;

(b) our engineer isn’t given safe access;

(c) something happens beyond our reasonable control; 

(d) there's a health and safety risk to our engineers (we won’t start or continue any work at your Property until it's resolved); or

(e) the information you have given us is incorrect.

(f) your boiler fails a gas safe check, as it may result in condemning it (declaring your boiler unsafe for use).

(g) an engineer can’t complete work through no fault of their own, a call-out fee of £45 applies.

(h) only work that has a valid booking will be carried out

10.  How We Use Your Data

10.1 When you purchase the Smart Thermostat from us, we’ll collect certain information about you which is personal data (meaning that it can be used to identify you). This’ll be your name, address (so that we can deliver the Smart Thermostat to you) and your email address and phone number (so that we can confirm your order and communicate with you about the offer).

10.2 To perform any required maintenance, and to support you with any issues or queries you might have about your Smart Thermostat, we’ll need to share the personal data we have collected from you with our supplier and the thermostat manufacturer.

10.3 If you consent to sharing the data from your Smart Thermostat with us (via your OVO online account) we’ll use your data for the purposes of the Connected Proposition (see section 4.3).

10.4 If you opt in to share your data with us, to get personalised insights and recommendations via your OVO online account, we’ll collect data such as your Smart Thermostat set point, the indoor and outdoor temperature at your Property and whether your heating is on. You can opt out of this at any time by emailing [email protected] or calling 0330 175 9691 (Mon to Fri, 9am to 5pm). But if you do that you’ll no longer receive access to the Connected Proposition. 

10.5 Your personal data is important to us and we’ll only ever process your personal data as set out in these Terms, and in accordance with OVO’s privacy policy, which you can find here: ovoenergy.com/privacy-policy. tado° will only ever use your personal data in accordance with their own privacy policy which can be found here: tado.com/all-en/privacy-policy.

11. Your Right to Cancel

11.1 You have the right to change your mind and cancel these Terms and return your Smart Thermostat to us until 14 days after the date that your Smart Thermostat is received  (“Cooling Off Period”):

11.2 If you book an installation you also have an additional 14 day period from the date your Smart Thermostat is installed to change your mind and return the Smart Thermostat to us. Please note that if you’ve booked your installation within your Cooling Off Period and we’ve already installed your Smart Thermostat when you cancel, you can still cancel but you’ll be liable to pay the installation cost plus any costs for us to remove the Smart Thermostat and any depreciation in value of the Smart Thermostat.

11.3 You can also cancel if you haven’t received your Smart Thermostat within 30 days of us accepting your order.

11.4 If you want to cancel during your Cooling Off Period please contact [email protected] or calling 0330 175 9691 (Mon to Fri, 9am to 5pm).

11.5 You must return the Smart Thermostat to us at your own cost within 14 days of telling us that you wish to exercise your cancellation rights. 

11.6 We reserve the right to charge you or deduct from any refund payable to if your Smart Thermostat is damaged or unusable when it is returned due as a result of your use of it or any damage done to it when you installed or removed it. 

11.7 If you paid upfront for your Smart Thermostat, refunds can only be issued to the card used for the original payment.

11.8 Any refund owed to you will be made to the original card used to pay for the offer within 14 working days of us receiving the returned product(s) and subject to our inspection of the product(s). 

11.9 Once your Smart Thermostat is removed it’s your responsibility to arrange the purchase and installation of another thermostat for your heating system.

11.10 If you move home, it’s a legal requirement that you leave a working thermostat in the Property as the heating system will not function properly without one. We won't be able to refund you the cost of the Smart Thermostat or provide you with a replacement if you move house.

11.11 After the end of your Cooling Off Period, you still have a legal right to return a product or get a repair or replacement if it is faulty as follows:

(a) Up to 30 days after the date of purchase, you’re entitled to a refund.  (b) Up to 6 months following the date of purchase if your faulty product can't be repaired or replaced, then, in most circumstances, you’ll be entitled to a full refund.  (c) Up to 6 years after the date of purchase (unless the item can’t be expected to last for up to 6 years) you may be entitled to a repair or replacement. Or, if that doesn't work, you may be entitled to some of your money back, depending on the use you have had from the product. 

11.12 Nothing in these Terms affects your legal rights. The above is a summary of your legal rights only and is not exhaustive. For more information please see adviceguide.org.uk

12. When we can terminate these Terms

12.1 We may terminate these Terms and your participation in the Connected Proposition with immediate effect on giving you written notice if: 

a) you breach any of your obligations under these Terms or our Core Terms and Conditions; 

12.2 We may also terminate these Terms and withdraw this offer and the Connected Proposition at any time, for any reason, by giving you 30 days' written notice. 

13. Changes to Terms 

13.1 We may change these Terms. The new terms will appear on our website. We’ll notify you 30 days in advance of any change we plan to make that affects you negatively.

14. Our Liability

14.1 Subject to section 14.3, we won’t be responsible for:

a) any failure, attributable to the manufacture, of the Smart Thermostat to function properly; b) any delay or inability to fulfil an order, deliver your Smart Thermostat for reasons outside our reasonable control, or any costs, loss or damage you suffer as a result; c) any damage at the Property which is due to structural defects or weaknesses, unless such damage results from negligence on our part; d) any costs, loss or damage you suffer as a result of not using the Smart Thermostat in line with the instructions provided to you, including any manufacturer user guides and these Terms; e) any loss or damage you suffer caused by us, our employees or agents to the extent such loss or damage results from any breach by you of these Terms; f) any loss or damage that we couldn’t reasonably have expected would result from breach of these Terms at the time you entered into them; g) any deliberate damage or vandalism of the Smart Thermostat; and/or h) any failure by you or a third party in the care, operation, inspection, servicing or maintenance of the Smart Thermostat which is not done strictly in accordance with the manufacturer’s instructions and without our or the manufacturer’s consent.

14.2 We aren’t liable, whether caused by breach of contract, negligence, breach of statutory duty or otherwise, for (a) any loss or damage that we could not reasonably have expected would result from breach of these Terms at the time you entered into it, or (b) any loss of business, revenue or profit.

14.3 Nothing in these Terms will affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation, or for any matters which we cannot exclude our liability for under law.

14.4 Except as set out in section 14.3 above, our maximum aggregate liability to you (including for negligence and breach of statutory duty) is limited to £10,000.

15. Contact Us 

15.1 We hope you enjoy your Smart Thermostat, but if you have any questions or need any support you can contact us by emailing [email protected] or calling 0330 175 9691 (Mon to Fri, 9am to 5pm). If you have an issue relating to your installation please email [email protected] or call us on the same number above, selecting option 3.

15.2 If you’re unhappy with our service, you can submit a complaint over the phone or in writing by going to ovoenergy.com/feedback.

15.3 We aim to respond to your complaint the same day we receive it. If you aren’t happy with our response, you can ask for your complaint to be escalated to our internal complaints team, who’ll be in touch within 5 working days.

16. Governing Law

16.1 These Terms are governed by English Law and any dispute arising in relation to these shall be subject to the exclusive jurisdiction of the English Courts.

17. General

17.1 We can transfer any of our rights or obligations under these Terms without your permission. If we transfer our rights or obligations under these Terms we’ll give you reasonable notice. 

17.2 These Terms and any documents explicitly referred to in them, are the entire contract between you and us in relation to the supply of your Smart Thermostat. 

17.3 If any part of these Terms is void or unenforceable, the rest of these Terms will be unaffected.

18. Definitions

“Gas Smart Meter” means a credit pay monthly meter for gas that is able to supply us with half hourly meter readings through wifi or GSM; 

“Property” means the property or premises at which the Smart Thermostat will be installed; 

“Smart Thermostat” means the thermostat manufactured by tado° GmbH, the manufacturer of the Smart Thermostat; 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.