Last updated 3 September 2019
1.1 These OVO Energy Vehicle-to-Grid Trial terms and conditions form the agreement between you and us:
- you are the person who has signed up to the Trial;
- 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 clause 21.
1.3 This agreement is specific to the Trial. It is separate to the OVO Supply terms and conditions governing the supply of electricity to you by OVO Electricity and your use of that electricity.
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.
Kaluza Ltd. is a part of the OVO Group of companies and is one of our partners in running the Trial. It's registered office at 140-142 Kensington Church Street, London, England, W8 4BN.
OVO Energy Vehicle-to-Grid Trial
2.1 By accepting this agreement, you agree to participate in the Trial. The Trial will last for the Trial Period, unless it is terminated earlier by you or us in accordance with these terms and conditions.
2.2 You accept that this is a trial offering, and that the purpose of the Trial is to assess the viability of providing flexible grid balancing services from your EV. As such, you accept that that your Charger may not operate properly or be fully functional, for which neither we, nor our partners will be liable. (But if any of these arise, we'll try to minimise their impact on you).
2.3 We may change this agreement at any time or stop the Trial (or any part of it). You will be notified 30 days in advance via e-mail or post before we make any changes.
2.4. You may terminate your participation in the Trial at any time in accordance with clause 13.
3.1 You will not be eligible for the Trial or allowed to continue to participate unless you meet and comply with the Pre-Installation and Post-Installation Eligibility Criteria (together, the “Trial Eligibility”)
Pre-Installation Eligibility Criteria
3.2 In entering into this agreement and agreeing to participate in the Trial, you are confirming that:
(a) you will comply with this agreement and, in relation to the supply of electricity to you, the OVO Supply terms and conditions;
(b) you own, lease, or are the primary named driver of a Nissan LEAF. This includes salary sacrifice car schemes, designated use of a company car and most leasing arrangements. You will be required to provide proof of this;
(c) your Nissan LEAF battery capacity is 30kWh or greater (if you do not comply with this, it may have implications for your Nissan LEAF warranty, see clause 17.5 for more information);
(d) you own the Property where the Charger will be Installed or you have express permission from the homeowner for an Installation and 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;
(e) your Property is situated in mainland UK;
(f) you receive a Profile Class 1, single rate Supply from OVO Energy;
(g) you pay OVO Energy by monthly direct debit;
(h) by the time of your Installation you will have an OVO Smart Meter installed and have opted into half hourly data sharing from your OVO Smart Meter (and will remain opted in for the duration of the Trial). We do not charge for a Smart Meter installation but if we are unable to install one for any reason, you will not pass Trial Eligibility;
(i) you have a domestic broadband connection with a spare ethernet port and an electrical socket, for us to plug the 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, you may need a 3G/4G dongle to ensure the Charger can connect to the internet. We will supply any such dongle free of charge, if required;
(j) you have a suitable place to install the Charger. A suitable location will require private off-street parking and not require any groundworks. We will confirm further requirements when arranging your Installation.
(k) you understand that if the location does not pass these criteria we may still be able to support the Installation but may have to charge for the additional work. We will always quote in advance for this work and there will be no obligation to proceed;
(l) we will be able to complete the Installation at your Property - full details are set out in clause 5;
(m) if you have On-site Microgeneration, its maximum power output is equal to or below 4kW;
(n) if you have On-site Microgeneration and are on the FiT (Feed In Tariff) register, you have been on the FiT register for more than 12 months; and
(o) if you have On-site Microgeneration, you agree to waive your deemed export payment with your current FiT licensee as you will now be paid on your actual exports by us. You agree to arrange this with your FiT licensee.
3.3 You will only pass the Pre-Installation Eligibility Criteria if we will be able to successfully complete a connection application (G83, G98, G59, G99 or equivalent) with your Distribution Network Operator. This application is a request made to seek permission from your local electricity network provider to install a small electricity generator at the location of your property.
Post-Installation Eligibility Criteria
3.4 You must satisfy the Post-Installation Eligibility Criteria for the duration of the Trial. You will satisfy the Post-Installation Eligibility Criteria if:
(a) we have successfully registered your electricity meter to export electricity to the grid;
(b) you consent, and we are able to switch your OVO Smart Meter to half hourly settlement (for both importing and exporting electricity);
(c) following the Installation, we have registered the Charger as Active and you allow us control of charging and discharging your electric vehicle’s battery;
(d) the Nissan LEAF you use with the Charger has a battery capacity of 30kWh or greater (if you do not comply with this, it may have implications for your Nissan warranty, see clause 17.5 for more information);
(e) you agree to use the Charger as the primary method of charging your electric vehicle for the duration of the Trial;
(f) you agree to use the Kaluza web-app available as part of the Smart Features to control the settings and your vehicle’s charging schedule; and
(g) you will not use the Charger with any other electric vehicle or plug-in hybrid other than the one you have told us will be used for the Trial. You must notify us in advance if you are changing this vehicle. If we aren’t able to support your new vehicle, we may terminate your participation in the Trial.
3.5 Notwithstanding the Trial Eligibility, it is in our absolute discretion whether we sign you up to the Trial.
3.6 If you have an existing chargepoint(s), we will assess whether we can install the Charger unit alongside this/these. If we are unable to do so, we will let you know and give you the option of proceeding, and removing a chargepoint, or withdrawing your participation from the Trial. If you choose to remove an existing chargepoint, we will carry out this work as part of installing your Charger.
4.1 You must remain on supply with OVO Energy for the duration of the Trial or you may face termination fees. See clauses 11-14 for further information.
4.2 For the duration of the Trial, Indra Renewable Technologies Limited (“Indra”), one of our partners in the Trial, will own the Charge. At the successful completion of the Trial, you will be able to purchase the Charger from Indra for the consideration of £0.01 being the market value of the asset as at the trial end date.
4.3 If you decide not to purchase the Charger at the end of the Trial, we will remove the Charger at no cost to you. See section 14 for more details.
5.1 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.
5.2 If we aren’t able to confirm whether you have a suitable location to install the Charger from photographs you have sent to us, we may, at our discretion, send an Engineer to carry out a Survey.
5.3 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 Charger.
5.4 Whether we carry out the Installation is subject to the findings of the Survey. At our 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.
5.5 You must have a suitable space at your Property for us to install the 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 Charger.
5.6 If your Installation satisfies the following criteria, it will be considered a “Standard Installation”:
(a) the install location is less than 10m from your consumer unit (fuse box) and your internet router;
(b) the Property’s consumer unit (fuse box) is RCD protected and has a spare way for protecting the outgoing charge point circuit;
(c) one wall or fewer for the cabling to pass through between the Charger and the fuse box;
(d) you have a spare ethernet port on your internet router for us to connect the Charger;
(e) the cables from the Charger can be surface mounted and clipped directly to that surface, i.e. not over any non-permeable material;
(f) there are no ground works required;
(g) the Property has an earthing arrangement complying with current regulations; and
(h) the charge point will be fixed to the Property and able to utilise the Property’s earthing arrangement.
5.7 Standard Installations usually take 4-6 hours, although they may take longer than this.
5.8 If we aren’t able to complete an Installation in a single appointment, we’ll make an additional appointment to complete the work.
5.9 If you can’t make a scheduled appointment and need to re-book it, 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.
5.10 If you cancel your appointment within less than 24 hours of the scheduled time or if you are not available when we arrive at your Property, you will be charged for a failed appointment. Please see our pricing table for more information.
5.11 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.
5.12 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.
5.13 We won’t start or continue the Installation 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.
5.14 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.
Using the charger
6.1 You are responsible for making sure that the Charger is safe and used properly at all times. You agree you will:
(a) operate and use the Charger only for the purposes for which it was designed and otherwise follow the manufacturer’s instructions and any other oral or written instructions we give you;
(b) keep the equipment on your Property and under your control and not do, or allow to occur, anything which might adversely affect our right, title or interest in the Charger (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you);
(c) not misuse, neglect or damage the Charger (including disassembling or trying to reverse engineer it) or use it for an unlawful purpose;
(d) take proper care at all times to prevent the loss or theft of the Charger;
(e) ensure that the conditions, premises and general environment in which the Charger is installed do not adversely affect its condition or functionality or otherwise place put it or any part of it at risk;
(f) ensure the space surrounding the Charger is suitable as instructed at the Installation. For example, items should not be stacked against or over the Charger;
(g) do anything that causes our insurance to become void or voidable;
(h) maintain the Charger in good working condition (subject to clause 6.3).
6.2 You are responsible for any loss or damage caused to the Charger during the Trial as a result of you failing to comply with these terms and conditions. You agree to inform us of any loss or damage to the Charger immediately and we may charge you for any loss or damage to the Charger if we determine this was caused by your breach of these terms and conditions.
6.3 While you may not modify the Equipment, or carry out any maintenance work on the Charger, you are responsible for the costs we incur in maintaining the Charger in good working condition and repair. You must keep us fully informed if any repair or maintenance work is required to be carried out on the Charger. If you do not wish to pay for any repair or replacement charges, we may terminate your Trial and remove the Charger.
6.4 You must not attempt to (and you will not allow anyone else to) open, repair or replace the Charger at any time.
6.5 If your broadband connection is lost at any point during the Trial, the Charger will lose its Smart Features and you will not be able to export electricity to the grid. As a result, you will not receive the Trial Credits whilst connection is lost. If this occurs, you will still be able to charge your electric vehicle.
6.6 We reserve the right to provide any maintenance services on the Charger, including upgrading, replacing and updating the Charger and software. You agree to grant us and our subcontractors, access to your Property if we need to do this. Whilst we are providing maintenance services, your ability to charge your electric vehicle and/or export to the grid may be affected.
6.7 In the event of any defects arising in the 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 this is a trial and you are being provided the Charger free of charge (subject to clause 4.2), you acknowledge that the Charger is provided without any warranty or obligation to rectify, and we reserve the right to terminate the Trial and/or remove the Charger in lieu of repairing or replacing the Charger without any liability to you. This does not affect any mandatory rights or remedies you have under consumer law.
6.8 If you have any problems with the 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 of the fault and our support teams will get in touch with you to diagnose the problem and arrange a support visit if necessary.
7.1 The Charger uses Kaluza software to function. Kaluza Ltd. 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 Kaluza software controls the Charger by sending and receiving instructions about when to charge and discharge 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. It includes a web-app where you can set your preferences including your charging schedule. Using this data, the Kaluza software makes decision about charging and discharging which are sent to the Charger.
7.3 From time to time, we may update the software and/or firmware running on your Charger. These updates may be to: ensure your Charger functions correctly; fix any issues that may arise; improve the way your Charger works; add/remove data points that are reported by the device; add/remove further functionality; or for other reasons.
8.1 Once the Charger has been Installed, is Active and you have passed all criteria in the Trial Eligibility, you will receive the Trial Credits.
8.2 The Trial Credits will be credited to your OVO Electricity bill, showing as a separate line on your bill. We reserve the right to change, reduce or withdraw the Trial Credits at any point.
8.4 The value of the Trial Credits will depend on the amount of electricity which is exported from your Property to the grid. For more information on your OVO electricity tariff unit, please see your latest electricity bill.For more information about pricing for the Trial Credits, please refer to the pricing table.
8.5 If you are a customer with On-site Microgeneration at home then your bonus rate for your Trial Credits will be different to customers without On-site Microgeneration. For more information please see the pricing table.
8.6 You will see an itemised line in your monthly bill relating to your Trial Credits.
8.7 If at any point during the Trial, your OVO Smart Meter loses communications with us and we cannot receive half hourly readings from your meter, we may stop your Charger from exporting from your vehicle battery and your Trial Credits will cease until the issue is rectified. We will give you 30 days notice before we cease your Trial Credits and will contact you to arrange payment in lieu of the Trial Credits.
8.8 If at any point during the Trial, you opt-out of half hourly data sharing from your OVO Smart Meter, we will no longer be able to provide you with the Trial services. As a result, you will no longer be eligible to receive the Trial Credits and you will be removed from the Trial. If this is within Trial Period then you may be charged for removal of the Charger in accordance with clause 14.3.
9.1 For each calendar month after the Start Date, the number of kWhs you export to the grid from your car must be less than or equal to the number of kWhs you import from the grid through your Charger.
9.2 If you do not comply with clause 9.1, we’ll let you know. We’ll give you 30 days to ensure that the number of kWh exported or less than or equal to those imported. If you do not rectify this within 30 days, we may remove you from the Trial.
9.3 If this occurs on more than one occasion during the Trial Period, we may remove you from the Trial immediately and remove the Charger. You may be charged for the removal of the Charger in accordance with clause 14.3.
End of your OVO Fixed Energy Plan
10.1 The Trial will continue for the Trial Period, provided that you remain on Supply with OVO Energy and comply with this agreement.
10.2 If you change, renew or upgrade your OVO Energy plan, the Trial will automatically be added to your new plan.
Switching away from OVO Energy
11.1 If you switch your Supply to a different supplier, we'll no longer be able to supply you with electricity or control your Charger as part of the Trial. You will therefore lose your Trial Credits and Smart Features, and we will need to remove the Charger prior to you coming off supply with us. We may charge you for the removal in accordance with clause 14.3. We will only pay you the Trial Credits up until we remove your Charger, even if we remove your Charger before the end of of your Supply.
Moving out of your Property
12.1 If you move out of the Property where your Charger is installed, we'll no longer be able to supply you with electricity or control your Charger as part of the Trial. You will therefore lose your Trial Credits and Smart Features. You will need to arrange for the Charger to be removed 30 days prior to your moving out date. We may charge you for the removal in accordance with clause 14.3. We will only pay you the Trial Credits up until we remove your Charger, even if we remove your Charger before you move.
Leaving the Trial
13.1 You may leave the Trial at any time, by giving 1 months written notice to us of your wish to leave the Trial. Please write to us at email@example.com.
13.2 If you leave the Trial at any time during the Trial Period, we will remove the Charger in accordance with clause 14.
14.1 You may have your Charger removed at any time. To do so you must arrange a Charger removal appointment with us. You may be required to pay a fee if you are still in the Trial Period.
14.2 Once you have completed the Trial Period, any removal will be arranged for free.
14.3 If we carry out a Charger removal at any time during the Trial Period because you are: switching to another electricity provider; moving home; or no longer wish to be part of the Trial, we may charge you a £300 (incl VAT) removal fee. You may need to redecorate, repair or restore certain areas once the removal is completed. This is not included in the Trial and you will be responsible for this.
14.4 When we remove the Charger, we will remove the unit from the wall and any cabling put in place as part of the Charger installation.
14.5 If, having been given permission by you, we removed an existing chargepoint as part of your Charger install, we will not replace this charger or do any work to re-attach your old charger to the wall.
Changes to the Agreement
15.1 As this is a Trial, we may change our offering over the course of your Trial Period. If any changes are disadvantageous to you, we’ll give you 30 days advance notice and you may leave the Trial within that notice period, without incurring any costs or penalties. Any changes we make will also be published on our website.
Suspension and Termination of this Agreement
16.1 We reserve the right to change, reduce or withdraw the Trial or the Trial Credits at any time with 30 days' notice.
16.2 We may terminate this agreement with immediate effect if you breach any of your obligations under this agreement or fail to satisfy the Trial Eligibility. In this case, you may be liable for charges for the removal of the Charger in accordance with clauses 14.3 and you will not receive Trial Credits from the date of your breach or failure to satisfy the Trial Eligibility.
16.3 We may also terminate your participation in the Trial at any time on notice to you, for any reason.
16.4 We may suspend this agreement if maintenance, repairs or improvements to any part of the Charger need to be carried out or for any other reason.
17.1 We won’t be responsible for:
(a) 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 Kaluza Software or Charger; war; acts or omissions of electricity network operators, and government action;
(b) any costs, loss or damage you suffer as a result of not using the the Charger in line with our instructions and this agreement;
(c) 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 offer and/or your use of the Charger results in you exceeding the permitted data limit on your broadband; or
(d) for any loss or damage you suffer (including any consequential loss) caused by us, our Engineer or agents to the extent such loss or damage results from any breach by you of this agreement.
17.2 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.
17.3 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.
17.4 Our maximum aggregate liability in connection with this Trial and this agreement (whether for breach of contract, negligence, breach of statutory duty or otherwise) in connection is limited to £10,000.
17.5 It is your responsibility to ensure that your Nissan LEAF complies with the requirements set out in clauses 3.2(c) of this agreement. If you sign up to the Trial and your Nissan LEAF does not comply with the requirements in clauses 3.2(c), this may invalidate your warranty. Notwithstanding anything in this agreement, we will not be liable for any loss incurred by you as a result of not complying with clauses 3.2(c).
17.6 If you make a claim on your vehicle’s warranty during the Trial, your warranty provider may ask us to share data on your Charger’s charging behaviour with your warranty provider to support your claim. Your vehicle warranty provider will be able to tell you whether they require this information from us.
Using Personal Information
18.1 As part of your use of the Charger, we may:
- access any data or information generated, collected, processed or stored as part of the Trial; and
collect other information about you and your electricity usage as part of providing the Charger.
18.2 We use the information we access and/or collect to optimise the Trial. We also anonymise your electricity 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 Trial services to you.
18.3 As part of the Trial, we may also collect some personal data about you and your household to help us develop Vehicle-to-Grid 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 Trial partners and industry partners to enable both us and them to conduct our business and also to monitor the Trial and your usage. We will reasonably minimise the amount and types of data we share for these purposes.
18.4 As part of the Trial, we will contact you via phone or email to provide feedback on your experience with the Charger at certain points throughout the Trial Period.
19.1 You can submit a complaint in person, in writing or over the phone by:
(a) calling us on 0330 303 5063;
(b) using our online web form at https://www.ovoenergy.com/help/feedback or
(c) writing to us or visit us at OVO Electricity Limited, 1 Rivergate, Temple Quay, Bristol, BS1 6ED.
19.2 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.
20.1 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.
20.2 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.
20.3 If we post a notice to you, it will be assumed to have been delivered two Working Days after it was posted.
20.4 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).
20.5 This agreement, and any documents explicitly referred to in it, is the entire agreement between you and us in relation to the Trial.
20.6 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.
20.7 If any part of this agreement is void or unenforceable, the rest of the agreement will be unaffected.
20.8 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.
21.1 In this agreement the following terms will mean:
Active means the Charger is successfully installed, online and able to receive commands from us;
Charger means the OVO Energy Vehicle-to-Grid 6kW electric vehicle home charge point (including any ancillary equipment components that may be provided by us);
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 Engineer’s will carry an identity card;
Installation means the installation of the Charger as set out in clause 5;
Kaluza Software means the software that controls the Charger. The functionality is described in clause 7.2;
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;
On-site Microgeneration means small scale electricity generation equipment installed at the Property (including, but not limited to solar photovoltaic cells and wind turbines) provided it is included within Ofgem’s Microgeneration Certification Scheme;
OVO Smart Meter means an electricity pay monthly meter that is able to provide OVO Electricity with half hourly meter readings through wifi or GSM;
Property means the property or premises at which the Charger will be installed and has an Electricity Supply;
Smart Features means the internet connected features of the Charger and the associated web-app for viewing live & historic charging data, scheduling charge times and getting insights on your vehicle charging;
Start Date means the date the Charger is successfully installed, operational and connected;
Supply (or similar expressions) means the sale by OVO Electricity to you of electricity via an electricity distribution network;
Survey means the evaluation of suitability of your Property for Installation of the Charger by one of our Engineers through a visit to your Property;
Trial means the OVO Energy Vehicle-to-Grid trial, including Installation of the Charger at your Property and all ancillary services to such trial, supplied by us to you under this agreement for the Trial Period. The Trial is not an electricity tariff;
Trial Credits mean the amounts credited to your OVO Electricity account for the kWhs you export back to the grid when the Charger is installed and operational at your Property;
Trial Eligibility means the eligibility criteria set out in clause 3.1;
Trial Period means the period of 24 months from the point your Start Date;
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.