Last updated 11th November 2020
1. About These Terms and Who We Are
1.1 These terms and conditions (the “Terms”) form the agreement between you and us:
(a) you are the person who has purchased a Tado Smart Thermostat from us;
(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 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 governing the supply of electricity to you by OVO Electricity and your use of that electricity.
Accepting your order
1.4 These Terms (and the agreement between us) will come into effect when we accept your order. We will accept your order by sending you an email confirming your order after you have completed your purchase of the Smart Thermostat via our website. If, for any reason, we are unable to accept your order, we will contact you to let you know why. One of the reasons that we may not be able to accept your order could include where you do not meet our Eligibility Criteria (see section 2 below).
1.5 You have the right to change your mind and cancel these Terms and return your Tado to us from the date we accept your order until 14 days after the date that your Smart Thermostat is Installed (“Cooling Off Period”). Please see section 8 for more information on what happens if you want to cancel.
2.1 You can take advantage of this Offer if you meet the following criteria (the “Eligibility Criteria”):
(a) You are currently an OVO Energy member and take your gas and electricity supply from us and you have more than 12 months left on your contract with us;
(b) You have a communicating Smart Meter installed;
(c) You have a MyOVO account set up
(d) You are in a geographical area we can install in (see here for details)
(e) Your account is not currently in arrears
(f) You pay for the supply of energy and for any other fees that apply under our contract by Direct Debit
(g) You have an existing wireless thermostat to control your boiler
(h) 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 a list of compatible boilers. Your heating system must be in good working order at the time of Installation.
(i) You have the landlord’s permission to have a Smart Thermostat installed if you are not the homeowner.
2.2 You will need an Android or iOS device with an up to date operating system, with Internet access. To fully benefit from this Offer you will need to have a smart phone to be able download the TADO app.
2.3 You will need to register for a TADO account before your Smart Thermostat is installed so that the engineer can link your Smart Thermostat to Your Tado account. If you don’t register for a Tado account or agree to link your Tado account to your MyOVO account, you won’t be able to receive any of the energy efficiency recommendations which form part of the Offer.
3. The Offer
3.1 If you meet the Eligibility Criteria, you can purchase a Tado from us for 12 interest free payments of £15 per month. This price includes Installation and VAT at 5%.
3.2 Once your Tado is installed you can connect it to your MyOVO account and receive energy saving recommendations via your MyOVO account and use your Tado app to control the heating in your home.
3.3 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.
3.4 Please note that our OVO Smart Heating Control connected proposition (the “Connected Proposition”) is currently in BETA testing, as such, you accept that that your Tado may not operate properly or be fully functional when controlled by MyOVO, for which neither we, nor Tado will be liable. (But if this happens, we'll try to minimise any impact on you). We also reserve the right to make changes to or withdraw this offer and the Connected Proposition at any time.
3.5 An independent study has shown that installing and correctly using a Tado smart thermostat can reduce your energy use from heating by up to 31%. The study found that the Tado device can reduce heating energy requirements by 14-26% through intelligent control of the heat source (e.g. boiler or heat pump). A potential further saving of up to 7% could be achieved by turning down the heating based on the weather forecast, depending on the window sizes. If the window surfaces are relatively large, the energy saving will increase accordingly. The study can be found here.
4. Paying for your Tado
4.1 The total cost of the Tado will be £180, this will split across 12 interest free payments of £15. No other payment methods can be accepted and no upfront payments of the full £180 can be made as part of this Offer.
4.2 In order to be eligible to purchase the Smart Thermostat via 12 monthly payments you must pay by Direct Debit and your account must not be in arrears. We also reserve the right to undertake a credit check (see www.ovoenergy.com/help/credit-checks for more information), which may affect your credit rating, before accepting your order and allowing you to pay monthly.
4.3 By purchasing a Smart Thermostat from us you agree that an additional £15 a month can be added to your energy account and billed monthly via the Direct Debit for your energy bill.
4.4 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 will increase by £15 per month. The payment will appear on your energy bill as “Smart Thermostat”.
4.5 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 here: www.ovoenergy.com/terms). We will need to collect the remaining balance due for your Smart Thermostat before you leave OVO. This will be added to your final bill.
4.6 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 are otherwise in breach of these terms, see section 9.
4.7 You can opt out of the Connected Proposition at any time by emailing [email protected] or calling 0330 102 7423. If you decide to opt out of the Connected Proposition or we withdraw the Connected Proposition in accordance with section 4.1 above, you will still be able to keep paying the £15 a month until your balance is cleared and you keep the hardware installed although you will no longer receive energy saving tips.
5.1 We (or our installation partners) will attempt to contact you to arrange the Installation within 2 working days of you purchasing your Tado.
5.2 The Installation will also include removal and disposal of existing thermostats from your Property.
5.3 You agree to provide our Engineer with access to your Property to carry out the Installation.
5.4 You agree that you or a person authorised by you (who is 18 or over) will be at the Property during the Installation and can provide us with information about where to install your Smart Thermostat .
5.5 You will let us know if there are any issues with your Property or local restrictions which may affect the Installation, for example: local parking restrictions, steep stair climbs or long carrying distances.
5.6 Your heating system must be in good working order at the time of Installation. We will not be liable to fix any underlying problems with your heating system during the Installation.
Making good any damage
5.7 The Installation will involve drilling into the wall so by accepting these terms you are agreeing for us to carry out this work.
5.8 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. If we remove your existing thermostat and don’t install your Smart Thermostat in the same place, you are responsible for making good any holes in the wall or cosmetic damage caused by such removal.
5.9 You also acknowledge that sometimes we have to do extra work if we cannot use existing wiring to install the Tado, and this can cause damage to things like inside and outside finishings (for example, wallcoverings and paint). You may need to redecorate, repair or restore certain areas once the Installation is completed. You will be responsible for the cost of this.
Delays and cancelled appointments
5.10 We'll try to carry out the Installation on your Installation date, but we may change this date. If we do, we'll try to notify you of any changes as soon as possible. We won’t be liable to you for any losses due to changing your Installation date, for any reason. Installations are also subject to the Government’s Coronavirus regulations and guidance in place from time to time.
5.11 We aren’t responsible for any delays or failures to carry out an Installation caused by circumstances beyond our control or which were unforeseeable, including, without limitation, where you have given us incorrect information.
5.12 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.
5.13 If we aren’t able to complete any Installation in a single appointment, we’ll make an additional appointment to complete the work. Unless there are additional fees payable under these terms or which we’ve otherwise told you about, you won’t be charged additional fees for this additional appointment.
5.14 We won’t start or continue the Installation if we believe there is a health and safety risk to our Engineers or any other person, and we won’t return to complete the Installation until that risk is resolved.
5.15 In the unlikely event that we are unable to install at your Property we will put your system back to how it was and take the Smart Thermostat back with us. We will then contact you to arrange a refund
5.16 If you cancel your Installation within 24 hours or if you are not available when we arrive at your Property, you may be charged £30 for a failed appointment. If you fail to keep an appointment on more than two occasions, we may charge an additional fee.
6. Manufacturer's Warranty
6.1 The Smart Thermostat also 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 Tado’s terms: www.tado.com/gb-en/terms-and-conditions.
6.2 Please read the terms of the warranty carefully. Your warranty may be void if the Smart Thermostat is not used in accordance with the terms of the warranty or the manufacturer’s 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 https://support.tado.com/en/.
6.5 If there is a fault with the work done during the Installation by our Engineers, we'll carry out the work again free of charge. The work is guaranteed for one year from the date of Installation. This guarantee only applies to materials provided by our Engineers and work they carry out and does not apply to any unrelated faults with your central heating system or appliances.
7. How We Use Your Data
7.1 When you purchase the Smart Thermostat from us, we will collect certain information about you which is personal data (meaning that it can be used to identify you). This will be your name, address (so that we can deliver the Smart Thermostat to you and have it installed) and your email address and phone number (so that we can confirm your order and communicate with you about your Installation and about the Offer.
7.2 In order to carry out the Installation, perform any required maintenance and to support you with any issues or queries you might have about your Smart Thermostat we will need to share the personal data we have collected from you with our supplier and the thermostat manufacturer Tadoº and our third party installation partners.
7.3 If you consent to sharing the data from your Tado with us (via your MyOVO app) you will also receive personalised hints and tips from us to help you save energy and reduce your monthly bills. We can show you things like the cost of your gas usage, the temperature inside and outside your home and provide tips for helping you reduce the amount of gas you are using and heat your home more efficiently.
7.4 If you opt in to share your data with us to receive personalised insights and recommendations via MyOVO (as described in section 7.3 above) we will 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 102 7423 but if you do that you will no longer receive your personalised updates to your MyOVO account.
7.5 We may also wish to contact you by phone or by email about your experiences of using your Smart Thermostat and the Tado Connected Proposition. You can opt in to be contacted via MyOVO or at the point you purchase your Tado. Again, you can opt out of this at any time by contacting us on 0330 102 7423 or emailing [email protected]
8. Termination By You
Your cancellation rights
8.1 If you exercise your right to cancel during your Cooling Off Period, your future monthly payments will be cancelled and, subject to section 8.2, you will receive a refund of any payments already paid to us.
8.2 If you cancel and we haven’t installed the Smart Thermostat you won’t have to pay anything. If you cancel within 14 days of us installing the Smart Thermostat you may have to pay for any costs we incur to remove it from your Property which is generally around £120 plus VAT. We also 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.
8.3 You can also cancel if you haven’t received your Smart Thermostat within 30 days of us accepting your order.
8.4 If you want to cancel during your Cooling Off Period please contact [email protected] or call 0330 102 7423.
8.5 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:
- Up to 30 days after the date of Installation, you are entitled to a refund.
- Up to 6 months following the date of Installation if your faulty product can't be repaired or replaced, then, in most circumstances, you will be entitled to a full refund.
- Up to 6 years after the date of Installation (unless the item cannot be expected to last for up to 6 years) you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back depending on the use you have had from the product.
We reserve the right to charge you if the Smart Thermostat is damaged or unusable when returned. 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
8.6 If you move out of the Property, it is a legal requirement that you leave the Smart Thermostat in the Property as the heating system will not function properly without it. We won’t remove the Smart Thermostat and move it to a new property or refund you the cost of the Smart Thermostat or provide you with a replacement if you move house.
9. Termination By Us
9.1 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; or
(b) at any time during prior to you completing payment for your Tado you fail to meet any of the Eligibility Criteria (see section 2 above); or
9.2 If we terminate these Terms under section 9.1 then we may require you to immediately pay any outstanding balance due on your Smart Thermostat. We reserve the right to add this outstanding balance to your next bill.
9.3 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.
9.4 If we withdraw or terminate this offer or the Connected Proposition then the provisions of section 4.7 will apply.
10. Changes to these Terms and Conditions
We may change these Terms and Conditions at any time. The new terms will appear on our website. We will notify you 30 days in advance of any change we plan to make that puts you at a material disadvantage.
11. Our Liability
11.1 Subject to section 11.3, we won’t be responsible for:
(a) any failure of the Smart Thermostat to function properly;
(b) any delay in the Installation covered in section 5;
(c) any delay or inability to fulfil an order, deliver your Smart Thermostat or complete an Installation for reasons outside our reasonable control, or any costs, loss or damage you suffer as a result;
(d) any damage at the Property which is attributable to structural defects or weaknesses unless such damage results from negligence on our part;
(e) 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;
(f) 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;
(g) 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;
(h) any deliberate damage or vandalism of the Smart Thermostat; and/or
(i) 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.
11.2 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, revenue or profit; or (c) for any indirect or consequential losses which you or anyone else suffers.
11.3 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, or for any matters which we cannot exclude our liability for under law.
11.4 Except as set out in section 11.3 above, our maximum aggregate liability to you (including for negligence and breach of statutory duty) is limited to £10,000.
12. How to Contact Us and Complaints
12.1 We hope you enjoy your Smart Thermostat but if you have any queries or need any support you can contact us by emailing [email protected] or calling us on 0330 102 7423
12.2 If you are unhappy with our service, you can submit a complaint over the phone or in writing by going to www.ovoenergy.com/feedback.
12.3 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 .
13.1 We can transfer any of our rights or obligations under these Terms without your permission. However, you must not transfer your rights or obligations under this contract to anyone without our permission.
13.2 If we need to give you a notice for any reason in connection with these Terms, 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).
13.3 These Terms, and any documents explicitly referred to in them, are the entire contract between you and us in relation to the Offer.
13.4 Nothing in these Terms affects our legal rights or powers. Nothing in these Terms affects any of your statutory rights that can’t be excluded by law.
13.5 If any part of these Terms are void or unenforceable, the rest of these Terms will be unaffected.
13.6 These Terms 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.
“Engineer” means one of our or our Installation Partner’s engineers who is qualified to carry out the Installation;
“Installation” means the installation of the Products as set out in section 6;
“Installation Partners” means those third party specialist companies engaged by us to install the Smart Thermostat;
“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;
“Smart Meter” means an energy credit pay monthly meter 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;
“Tado” means Tado GmbH, the manufacturer of the Smart Thermostat;
“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 refers to a calendar day.