1.1 This contract is between you and us:
(a) You are the person who has signed up to get the VCharge service from us.
(b) We, Us or Our are VCharge UK Ltd. References to VCharge should be read as being VCharge UK Ltd. Our address is 15 Atholl Crescent, Edinburgh, Scotland, EH3 8HA.
1.2 When we refer to:
(a) Your contract start date, we mean the date your contract starts with us. This is the date you sign up to receive the VCharge service.
(b) A cooling off period, we mean the period of 14 days from your contract start date. During the cooling off period, you have a legal right to change your mind – see section 6.
(c) The heater, we mean the storage and/or water heater at the property.
(d) The property, we mean the property or premises where you live and at which the VCharge equipment is fitted.
(e) A VCharge compliant electricity supply, we mean electricity that is supplied to the property which supports and is compliant with the VCharge equipment.
(f) The VCharge equipment, we mean the “Dynamo” labelled heating controllers, sensors, thermostats and any other equipment we fit at the property.
(g) The VCharge service, we mean the smart control of your heater(s) to optimise your electricity usage, costs and comfort.
(h) The VCharge service start date, we mean the date from when we supply the VCharge service.
(i) A working day we mean 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
1.3 By agreeing to have the VCharge equipment installed in your home, you are agreeing to the terms set out in this contract and to contract with us on the basis of these terms from the contract start date.
You confirm that:
2.1 You live in the property.
2.2 You will keep your contact details (including email address and telephone phone number) up to date. We will use these details to contact you with information about your VCharge equipment.
2.3 You have a VCharge compliant electricity supply and a smart meter and you consent to that smart meter sending half-hourly meter readings to us.
2.4 You will use your storage heater(s) at the property as the main way to heat the property.
3.1 You agree to allow one of our engineers or subcontractors to come into your property to install the VCharge equipment at a date and time agreed between us and you.
3.2 We aren’t responsible for any delays in installation caused by circumstances beyond our control.
3.3 If we can’t complete the installation of your VCharge equipment during the appointment, we’ll make another appointment with you at a convenient time to complete the work.
3.4 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 it until that risk is resolved.
4.1 You are responsible for making sure that the VCharge equipment is used properly at all times. To do this, you agree to:
Follow the manufacturer’s instructions and any other instructions we give you;
Keep the VCharge equipment in your home and under your control (this includes that you may not sell, lend or hire out the VCharge equipment to anyone else);
Not misuse, neglect or damage the VCharge equipment (including dis-assembling it);
Take proper care at all times to prevent the loss or theft of the VCharge equipment; and
Contact us if you have any concerns about the VCharge equipment - our contact details are set out in section 11.
4.2 You agree to tell us as soon as possible about any loss or damage to the VCharge equipment.
5.1 If you move to another address, the VCharge equipment must be left in the property.
6.1 If you want to cancel your contract with us, you must:
(a) Email or phone us to notify us that you wish to cancel - see contact details set out in section 11; and
(b) Allow us, or one of our agents, access to the property, so that if we wish to do so, we can uninstall and /or remove the VCharge equipment
6.2 You can cancel your contract during the cooling off period for any reason, or after the cooling off period if you decide the VCharge equipment does not work for you.
7.1 If you are considering moving your VCharge compliant electricity supply to a different electricity supplier, please get in touch with us (see contact details set out in section 11) to discuss how this might affect the operation of the VCharge equipment.
8.1 Our liability to you (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.
8.2 We are not responsible for:
(a) Any costs, loss or damage you suffer from any delay or failure in providing the VCharge equipment, which is caused by events outside our reasonable control. Matters outside our reasonable control including but not limited to severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;
(b) Any costs, loss or damage you suffer as a result of not using the VCharge equipment in line with our instructions, including any user guides;
(c) Any loss or damage you suffer that is caused by us, our employees or agents, where the loss or damage is a result of you breaching this contract.
(d) Any costs or debt associated with the supply of electricity to the property.
8.3 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 a breach of this contract at the time you entered into it.
8.4 Nothing in this contract will affect our liability to you for death or personal injury, as a result of our negligence, fraud or fraudulent misrepresentation.
9.1 To help us optimise your heating and comfort, you agree that:
(a) We may access any data or information generated, collected, processed or stored by the VCharge equipment and the smart meter at the property; and
(b) We may also collect other information about you and your electricity usage as part of providing the VCharge equipment.
9.2 The type of information we may access and/or collect under section 9.1 includes (but is not limited to):
(a) Data relating to your electricity consumption;
(b) The room temperature in the property; and
(c) Information about whether your heater(s) are switched on or off.
9.3 We use the information we access and/or collect to:
(a) Provide the VCharge service to you and optimise and improve that service;
(b) Create reports, data or research which may be shared with the government, regulators or industry partners, but any information on you will be anonymised before being shared.
(c) For more information on how we use your data, please refer to your information booklet we provide at install of the dynamos.
10.1 We reserve the right to require you to pay charges relating to the following:
(a) Charges we are required to pass on to our customers by law or regulation, or a regulatory authority (such as Ofgem).
(b) Any reasonable costs we incur because you breached the terms and conditions of this contract.
11.1 We can change your contract at any time.
11.2 We will notify you if any changes are made to your contract and make a copy available to you on our website. If you don’t have access to the internet and would like a copy in the post, please let us know.
12.1 If you have an electricity emergency, you must report it to your local electricity distributor. You can find their details at www.energynetworks.org/.
12.2 You must not use the VCharge equipment in any way that endangers people or property.
12.3 You must not tamper in any way with the VCharge equipment that are provided to you in connection with the VCharge supply.
12.4 If you have an emergency relating to your heater(s), it should be switched off and you should contact us.
13.1 You can complain or ask a question in person, in writing or over the phone by:
(a) Calling us on 0800 5999 440 for pay monthly customers or 0800 358 3523 for pay as you go customers.
(b) Emailing us at firstname.lastname@example.org or
(c) Writing to us or visiting us at OVO, VCharge, 1 Rivergate, Temple Quay, Bristol, BS1 6ED
(d) 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.
14.1 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.
14.2 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.
14.3 If any part of this contract is void or unenforceable, the rest of the contract will be unaffected.
14.4 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.