1.1 This contract is between you and us.
We are VCharge UK Ltd. Related expressions like us or our should be read accordingly. Our address is 15 Atholl Crescent, Edinburgh, Scotland, EH3 8HA.
You are the person who has signed up to take the VCharge service from us.
1.2 When we refer to the VCharge service (or similar expressions), we mean the smart control of your storage and/or water heaters to optimise your energy usage, costs and comfort.
1.3 When we refer to the equipment we mean the “Dynamo” labelled heating controllers, sensors, thermostats and any other VCharge issued equipment required to provide the VCharge service.
1.4 When we refer to the property we mean the property or premises at which the VCharge service will be supplied.
1.5 When we refer to a working day we mean any day other than a Saturday, a Sunday or a bank holiday in England, Scotland or Wales.
1.6 By agreeing to receive the VCharge services and having the equipment installed in your home, you are agreeing to these terms and conditions and to contract with VCharge UK Ltd, a subsidiary in the OVO group.
1.7 Your contract starts from when you start to receive the VCharge service from us.
You promise that:
2.1 You either own or live in the property.
2.2 You are allowed to sign up to this contract for the property. If you do not own your property (e.g., you live in social housing or have a lease with a landlord), you may need your landlord’s or local council or authority’s permission to carry out the work required to install the equipment for your VCharge service. Unless you tell us otherwise, we will assume that you have this permission. 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 we suffer as a result of you failing to get the right permissions.
2.3 The property is connected to mains electricity.
2.4 You will keep your contact details (including email address and mobile phone number) up to date. We will use these details to contact you with information about your VCharge service.
2.5 In order for us to install the equipment to provide the VCharge service to you, you’ll need:
(a) A mains electricity supply;
(b) A smart meter which OVO can support (if your electricity supply is with OVO) and for which you have agreed to provide half hourly meter readings (for more information on what this means, see here);
(c) a domestic broadband connection with a spare Ethernet port connection and electrical socket, if your VCharge contract sets out that you require this; and
(d) Two or more electrical storage heaters, which you use to heat your home and if you have an electrical water heater we can also include this as part of the VCharge service. You must use your storage heaters as the main method of heating your home.
3.1 You agree to provide access to your property for one of our engineers or subcontractors to carry out the installation of the equipment and set up the VCharge services, at the date and time agreed between us and you.
3.2 There may be an extra charge for any changes or additional work which you ask for, or if there is additional work required to install your equipment. If this happens, we’ll explain the reason for the additional work and let you know what the extra charge for the work would be first, so you can decide if you’d like to go ahead.
3.3 We aren’t responsible for any delays in installation caused by circumstances beyond our control.
3.4 We won’t pay any compensation if we can’t complete installation of your equipment during the appointment. However, we’ll make another appointment with you for an appropriate time to complete the work, at no extra cost. If you fail to keep the agreed appointment time for the installation of your equipment on more than two occasions, we may charge extra for installation.
3.5 We’ll take reasonable care to carry out the installation without causing unnecessary damage to the property. We’ll fix any unnecessary damage that is directly caused by our negligence. The installation (including removing or dismantling existing 2 fixtures and fittings) may cause some incidental damage and this will be your responsibility. We will not be responsible for fixing this incidental damage.
3.6 We won’t start or continue the installation at your property if we believe there’s a health and safety risk to our engineers, and we won’t return to complete the installation until that risk is resolved.
4.1 The start date is the first date on which the VCharge service is available for you to use.
4.2 You agree to us supplying you with the VCharge service from the start date for the minimum period that is stated in your conrmation email and VCharge contract.
4.3 Your subscription to the VCharge service lasts for the minimum period stated in your VCharge contract, unless you or we end it earlier in accordance with section 10.
5.1 We will provide the equipment to you for as long as you continue to receive the VCharge services from us. The equipment will remain the property of VCharge UK Ltd at all times.
5.2 You are responsible for making sure that the equipment is safe and used properly at all times. To do this, you agree you will:
(a) follow the manufacturer’s instructions and any other instructions we give you;
(b) keep the equipment in your home and under your control (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 equipment (including by disassembling it); and
(d) take proper care at all times to prevent the loss or theft of the equipment.
5.3 You agree to tell us as soon as possible about any loss or damage to the equipment. You agree that you’re responsible for any loss or damage to the equipment, regardless of how it happens. We reserve the right to charge you for any loss or damage to the equipment.
6.1 You will have received certain software in the equipment. We retain title and ownership of the software for the equipment we provide to you and all intellectual property rights in and on that software.
7.1 You will have no monthly charges for the VCharge service for so long as you maintain your electricity supply contract from, and are receiving your electricity from, OVO Energy Limited.
7.2 If at any point OVO Energy Limited stops supplying your electricity (whether at your request or otherwise), you must pay the monthly charges stated in your VCharge contract for each month.
7.3 You will receive a bill for your charges. You must ensure that your payments are received by us by the due date for payment shown on your bill.
7.4 You may choose to pay your bills by cash, credit or debit card, or by Direct Debit. You can decide how you’d like to pay if and when you are required to start paying charges.
7.5 If you don’t pay your bill on time:
(a) we can add the amount of your debt to your next bill;
(b) where you pay by Direct Debit, we can charge you for the first missed payment and for each missed payment after that;
(c) you must pay us any bank charges that we have to pay because of cancelled or failed payments;
(d) we can temporarily suspend or permanently disconnect your service; or
(e) we can charge you interest at 4% per year above the current Bank of England base rate, which will be charged on the overdue amount you owe until you pay the overdue amount plus interest.
7.6 We will bill you electronically via email, and you must provide us with a valid and current email account to which we will send your bills. You may choose to receive a paper bill instead. If you choose a paper bill, you agree that we may charge you an annual charge as per your VCharge contract.
7.7 We are entitled to carry out credit checks on you at any time. This may include us sharing personal information we have about you with credit reference agencies and/or fraud prevention agencies.
7.8 Information supplied to us may be used to:
(a) verify your identity;
(b) use scoring methods to assess your application and help us choose what plan and payment method is right for you;
(c) prevent crime, fraud and money laundering;
(d) check the operation of your credit-related accounts; or
(e) trace your whereabouts and recover debts that you owe.
7.9 This request will stay on your credit checking history (a footprint), whether you sign up to the VCharge service or not. It may also affect your credit rating.
7.10 Based on your credit check, we may request a security deposit at any time as security for the equipment and in case you do not pay your bills or return equipment provided to you. All or any part of this deposit may be used to pay any charges you owe under this contract.
7.11 If you fail to pay us any money you owe this information may be passed to credit reference agencies and/or fraud prevention agencies. The credit reference agencies keep records for six years after:
(a) your account has been closed;
(b) you pay the debt; or
(c) someone takes action against you to recover the debt.
7.12 Your data will not be used to create a blacklist.
7.13 You can contact the credit reference agencies currently operating in the UK – their current details are below. The information they hold may not be the same so it is worth contacting them all. They will charge you a small statutory fee:
a) CallCredit, Consumer Services Team, PO Box 491, Leeds, LS3 1WZ or call 0870 0601414.
(b) Equifax PLC, Credit File Advice Centre, PO Box 3001, Bradford, BD1 5US or call 0870 010 0583 or log on to https://www.econsumer.equifax.co.uk/consumer/uk/showmyequifax.ehtml.
(c) Experian, Consumer Help Service, PO Box 8000, Nottingham NG80 7WF or call 0844 4818000 or log on to http://www.experian.co.uk.
8.1 If you move to another address during the minimum period, you may ask us to provide the VCharge services to your new address. You must provide at least one month’s notice to do this, and we will do our best to accommodate your request but we cannot guarantee that we can provide you with the VCharge services at your new address.
8.2 If we can’t supply the VCharge services to you at your new address, you will be deemed to have cancelled your contract and sections 9.3-9.7 will apply to you.
8.3 If we agree to provide the VCharge services to your new address, you may have to pay the cost of having new equipment installed at your new address, as well as any service transfer charges which may apply (see the list of charges in your VCharge contract).
8.4 We will also send you a new contract for the VCharge services at your new address. Your new contract will start on the date the equipment is installed at your new 5 address and you will need to keep the VCharge services for the minimum period or you may be charged an early disconnection fee (see section 9.4 below).
During the cooling off period
9.1 You can cancel your contract for the VCharge services within 14 days (the cooling off period) from the date on which your contract starts.
After the cooling off period
9.2 In addition to your rights to cancel during the cooling off period, either you or we may end this contract at any time (including during or at the end of the minimum period) by giving the other 30 days’ notice.
9.3 If you ask us to end supply of the VCharge services during a minimum period (except when you cancel during the cooling off period as described above), you may have to pay an early disconnection fee. You can find details of the early disconnection fee in your VCharge contract.
9.4 If any of the following events occur you can cancel this contract without paying any additional fees by giving us 30 days’ notice from the event occurring:
(a) we increase our monthly charges under this contract;
(b) there is a permanent loss of VCharge services; or
(c) you are entitled to terminate this contract because of any exercise of your legal rights.
9.5 We may stop supplying the VCharge services and end this contract:
(a) immediately by giving you notice if in our reasonable opinion it is necessary to do so for security, technical or operational reasons; or
(b) by giving you reasonable notice if we decide not to offer the VCharge services any longer.
9.6 If we or you end this contract or if you decide to disconnect from the VCharge service:
(a) We may permanently switch off the equipment we supplied to you to provide the VCharge service. If this occurs, you will no longer be able to use the equipment.
(b) You must provide access to your property within 30 days to enable us to uninstall and recover our equipment. If you fail to return or make available the equipment for collection for any reason, we’re entitled to charge you for the replacement cost and reasonable recovery costs of the equipment set out in your VCharge contract.
10.1 We will send you a notice that your contract is due for renewal, at least one month before the end of the minimum period, informing you of the options available to you.
10.2 If your current contract ends and you’ve asked us for a new contract with a fixed term, we’ll start a new contract with you for the new fixed contract on the date the old one ends.
10.3 If your contract ends and you haven’t asked us for a new contract, you will continue on a monthly contract on the same terms and conditions as your original contract.
11. Our liability
11.1 We won’t be responsible for:
(a) the cost of repairing or replacing parts of your storage heaters (or other equipment) which later develops a fault, unless it’s due to work we carried out that caused the fault;
(b) any costs, loss or damage you suer from any delay or failure in providing the VCharge service which is caused by events outside our reasonable control. Matters outside our reasonable control include severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;
(c) any costs, loss or damage you suffer as a result of not using the VCharge service in line with our instructions, including any user guides;
(d) any costs, loss or damage you suffer as a result of your broadband internet connection being insucient in quality, capacity or speed to support the VCharge service and/or your use of the VCharge services results in you exceeding the permitted data limit on your broadband; or
(e) for 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 and conditions.
11.2 We aren’t liable for any loss or damage (including negligence and breach of statutory duty) that we couldn’t reasonably have expected would result from breach of this contract at the time you entered into it.
11.3 These terms and conditions will not affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.
11.4 Our liability (including for negligence and breach of statutory duty) is limited to £10,000 for each unconnected event that we’re directly responsible for, or £10,000 in total for any connected series of events that we are directly responsible for, and which has caused you loss or damage.
12.1 By using the VCharge services, you agree that:
(a) we may access any data or information generated, collected, processed or stored as part of the VCharge service; and
(b) we may also collect other information about you and your energy usage as part of providing the VCharge service.
12.2 The type of information we may access and/or collect under section 12.1 includes:
(a) data relating to your energy consumption;
(b) the room temperature in your property; and
(c) information about whether your heaters are switched on or off.
12.3 We use the information we access and/or collect to optimise your heating and comfort. We also anonymise your energy 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 VCharge services to you. For more information on how we use your data, please refer to the VCharge Heating System Information Pack.
13.1 If you have an electricity emergency, you must report it to your local electricity distributor – their contact details are here: http://www.ovoenergy.com/help-info/emergency.
13.2 You must not use the VCharge equipment in any way that endangers people or property.
13.3 If you have an emergency relating to your storage or water heater, it should be switched off and you should contact us.
14.1 You can submit a complaint in person, in writing or over the phone by:
(a) Calling us on 0800 5999 440;
(b) Emailing us at email@example.com; or
(c) Writing to us or visiting us at: VCharge, 1 Rivergate, Temple Quay, Bristol, BS1 6ED.
14.2 We will 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.
15.1 We can transfer any of our rights or obligations under this contract without your permission. However, you must not transfer your rights or obligations under this contract to anyone without our permission.
15.2 If we need to give you a notice in connection with this contract, we may deliver it by hand or use the postal address and/or email address you have given us most recently.
(a) If we post a notice to you, it will be assumed to have been delivered two working days after it was posted.
(b) 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).
15.3 These terms and conditions, and any documents explicitly referred to in them, are the entire contract between you and us.
15.4 Nothing in this contract affects our legal rights or powers. Nothing in this contract affects any of your statutory rights that can’t be excluded by law.
15.5 If any part of this contract is void or unenforceable, the rest of the contract will be unaffected.
15.6 This contract 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 England or Wales, and by the courts of Scotland if your property is in Scotland.