Utilita Terms for SME and Micro Business
This section explains that you are entering into a legally binding agreement, describes how and when your Contract for Services starts and what to expect at the start of your journey with us. ‘Services’ includes gas, electricity and any other products we may offer.
- We are Utilita Energy Limited, Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB, registered in England – 04849181 - and with VAT number: 823818422.
- These terms and conditions (‘Terms’) apply if you are a business customer and we are supplying Services to your business Premise. The term ‘Premise’ refers to the whole or relevant part of any land, building or structure where our Services are to be supplied, which is used wholly or mainly for business purposes. Premise can also mean, a premise that is covered by a commercial agreement for the provision of a residential or any other accommodation service which includes a charge for the supply of Services to the premise.
- If you have more than one Premise, and ask us to supply any additional Premise, these Terms operate independently for each Premise and supply point we supply.
- Your ‘Contract’ with us includes your Application, (which includes your prices and charges, including applicable Value Added Tax, applicable Climate Change Levy (CCL) and chosen payment method); any documents that we have referred to in these Terms, these Terms; and any promotional offers made to you as part of your Application. Some of our Services have special terms and conditions which will apply to and form part of our Contract with you, and we will tell you about these terms when you ask us to provide those Services.
- By entering into this Contract, whether in person, online, telephone or via third-party (who you
have authorised to act on your behalf who
has entered into this Contract), you confirm to us that:
- You are a business customer, or that you will be a business customer, at the time we start the supply of the Services.
- You have sufficient authority on behalf of the organisation or business identified in the Application to enter into this Contract;
- You have been given a copy of these Terms and acknowledge that we will supply our Services on these Terms; and
- You have not already agreed a contract for a supply of gas and/or electricity services with any other supplier that may conflict with this Contract.
- Your Contract starts (The “Contract Start Date”) on either:
- the date the Application is signed; or
- the date you verbally agree to contract with us over the phone; or
- the date we receive your completed online Application.
- We may ask you to provide proof of your identity, address or business in order to supply you under this Contract. We may also require personal and/or business information enough to carry out a credit check, where applicable.
- If we are concerned about your ability to pay your bills, we may ask for an Advanced Payment, which
will be an amount based on the first
three months of your forecasted estimated energy costs from your Supply Start Date. This Advanced
Payment will be held on your account to be
offset against your future energy charges.
- If you do not make the Advanced Payment as requested before we begin to supply you, then we may cancel your Contract. Where we cancel your Contract for this reason and you have agreed a Fixed Term Contract, you will be required to pay any termination fee that is applicable.
- If you do not make the Advanced Payment as requested and we have already begun to supply you, then we may cancel your Contract. Where we cancel your Contract for this reason and you have agreed a Fixed Term Contract, you will be required to pay any termination fee that is applicable. If you decide to leave our supply, you will also be required to pay for any energy consumed in full before you leave our supply, including the termination fee. If necessary, we may ensure this is the case by preventing your supply transferring pending you making such payment.
- You confirm that the equipment in your Premise complies with any relevant standard as to safety, accuracy and reliability. If you are unsure whether you can meet this requirement, please contact us.
- If your Premise does not contain suitable metering equipment (appropriate to your profile class)or your equipment is not suitable for the charging structure that is set out in your Application then we may install suitable equipment and/or change the price we charge you for the Supply. If you do not agree to the price change and have a Fixed Term Contract, you can cancel the Contract by providing Notice and you will be required to pay any termination fee that is applicable, in addition to paying for any energy consumed in full before you leave our supply. If necessary, we may ensure this is the case by preventing your supply transferringpending you making such payment.
This section explains when and how we will begin supplying Services to you.
- After the Contract Start Date, we will begin the process to transfer your supply to Utilita. Your
Supply Start Date will be either:
- a date which we have agreed with you or when we have taken over your supply; or
- in cases where a meter or junction box must be connected before supply can start, when the meter or junction box is actually connected.
- We will try to accommodate any specific date that you request the supply to start, but we cannot guarantee the Supply Start Date.
- On or around your Supply Start Date, you will need to provide us with an opening meter read. If you
do not give a valid opening meter
reading, we may either estimate a reading or ask one of our representatives to visit your Premise to
take a meter reading. You acknowledge
that we will use such estimate as the basis for working out any charges for the energy we have
supplied. Please see business.utilita.co.uk/COP
for more information on estimated billing.
- We aim to complete the transfer from your existing energy supplier within 21 days from the Contract Start Date if applicable, unless you request it to start later.
- The Supply Start Date may be delayed if:
- you have not given us the information that we reasonably need to complete the transfer process
- your existing supplier objects to the switch.
In each case we will work with you to try to arrange to complete the transfer of supply.
- We do not guarantee that it is possible to switch suppliers. If we cannot complete the switch for any reason, we will contact you to tell you, and we will end your Contract. If we end your Contract for this reason, we will not charge a termination fee. If you change your energy supplier, you still have to pay all unpaid sums owed to them, including any termination fee, where applicable.
- After the Contract Start Date, we will begin the process to transfer your supply to Utilita. Your Supply Start Date will be either:
This relates to your electricity and/or gas meter, together with any associated communications equipment, and any Smart Energy Monitor, where you have a Smart Meter. This section explains how we manage your Meter(s), install a Smart Meter or Advanced Meter (where applicable) and how data is collected. We will attempt to exchange your Meter with a Smart Meter or Advanced Meter, wherever possible. If we are unable to install a Smart Meter or Advanced Meter, we will supply you through the existing equipment, although you will not have access to all our services. Obligations and responsibilities in these Terms apply to both Smart Meters, Advanced Meters and existing metering equipment.
At any part during your Contract with us, if you have, or require, a half-hourly meter and a maximum demand of 100 kW or greater (including where the MPAN has a profile class 05-08), the following provisions in this section 3 do not apply to you, instead, our Supplemental Half-Hourly Terms and Conditions will apply and can be found utilita.co.uk/business/terms
- If your meter supplies other addresses or any parts of a premise that you do not own or use or that
are in whole or in part used or operated
by another party, you must tell us. You will be responsible for paying us for all of the gas and
electricity that is supplied through your
meter, even if it is used at the other address or other parts of the Premise unless we have agreed
otherwise with you in writing.
Looking after your Meter
- Your Meter is owned by us, or our representatives. You are responsible for looking after your Meter, and for keeping all pipes, fittings and equipment in good working order. You agree not to remove or damage or allow anyone else to remove or damage, the Meter or any other metering equipment (including the communications equipment or keypad or display). If you notice any damage or tampering, you must tell us straight away. We may charge you for the costs of repairing or replacing damaged equipment where it has not been maintained properly, this may include replacement top-up cards or Smart Energy Monitors, where applicable.
- We may be able to repair or update your Meter, change payment mode, or disconnect it remotely
without the need to visit your Premise in
Installing a Smart Meter
- If you do not have a Smart Meter at your Premise, or we cannot operate the meter you do have, we may install one for you. We will arrange an appointment with you for the installation. If you cancel on the day, or do not grant our engineers safe access to the meter, we may charge you for the cancelled appointment. Any charges will be communicated to you in advance of them being added to your account.
- If you unreasonably refuse to allow us (or our representatives) to install a Smart Meter at your
Premise, we may terminate the Contract. If
you have agreed a Fixed Term Contract, you will be required to pay the termination fee applicable to
the Contract. You will also move onto our
Out of Contract prices.
Consent to Collection of Data from Your Smart Meter
- Where you have a Smart Meter, it will record data about your energy usage and technical data and send the data to us. We will collect data automatically and you do not need to do anything unless you want to change the frequency of the data we collect. The collection of data may happen once a day or at different intervals. We will charge you for your energy using information about your usage collected from your Smart Meter(s). If we cannot access data from the Smart Meter(s), we may need to estimate your usage.
- The Smart Meter records meter reading data half-hourly. We use this data in order to ensure we minimise the costs of energy and provide you with up to date information on energy consumption. By signing up to this Contract, you acknowledge that we will usually collect the half-hourly data daily during the term of the Contract, unless or until you contact us to ask us not to. If you object to our collecting the half-hourly data, and you would like to opt-out of us collecting this data you can do so by calling our Business Customer Services Team on 03330 156 662. Please note that this opt-out only applies to the collection of the half-hourly data recorded by the Smart Meter, and you cannot opt-out of us collecting a monthly meter reading.
- If you do not have a Smart Meter or we cannot connect to your Smart Meter to collect data, you will need to continue to provide us with meter readings, in which case we make ask you for meter readings at intervals. If we don’t have meter readings, we will estimate your usage and bill you accordingly, please see business.utilita.co.uk/COP for more information on estimated billing.
- By entering into these Terms, you are agreeing to use our chosen Data Collector. A Qualified Data
Collector is a person or company who
provides meter data retrieval and/or meter data processing services. The charges for this service are
included in your prices as displayed in
your Application. If you have an existing agreement in place for the provision of a Data Collector
service, then the following will apply:
- you must tell us in writing of their details before we begin to supply your Premises. You should allow 30 days’ notice before your proposed Supply Start Date, so that we have sufficient time to appoint the correct Data Collector and avoid any delays in the receipt of your metering data.
- Where you have asked us to, we will use all reasonable care to appoint your chosen Data Collector, but we may reject or delay the appointment where it is reasonable to do so. Any costs or additional charges incurred by us for such an appointment, that is not already outlined in your Application, will be reclaimed from you through a separate charge on your bill. If we do not appoint your chosen Data Collector, we will appoint our own, under clause 3.9.
- The Data Collector will obtain from your meter, and provide us with, data about your energy usage and technical data. The collection of data may happen once a day or at different intervals. We will charge you for your energy using information about your usage collected from your Meter(s). If we cannot access data from the Meter(s), we may need to estimate your usage. We use this data in order to ensure we minimise the costs of energy and provide you with up to date information on energy consumption.
- If you have an existing agreement in place for the provision of a Meter Operator, the following will
- If you have an existing agreement in place for the provision of a Meter Operator, the following will apply:
- Where you would like to change your Meter Operator, you must provide us with at least 30 days’ notice, and provide to us in writing the details of your new Meter Operator. We will use all reasonable care to appoint your chosen Meter Operator, but we may reject or delay the appointment where it is reasonable to do so. Any costs or additional charges incurred by us for such an appointment, that is not already outlined in your Application, will be reclaimed from you through a separate charge on your bill.
- Your Meter Operator must pay, or indemnify us against any loss, cost or expense incurred by us as a result of their acts, omissions, or failures.
- If your meter supplies other addresses or any parts of a premise that you do not own or use or that are in whole or in part used or operated by another party, you must tell us. You will be responsible for paying us for all of the gas and electricity that is supplied through your meter, even if it is used at the other address or other parts of the Premise unless we have agreed otherwise with you in writing.
Using and paying for your services
You agree to pay us for the Services that you use. We offer fixed term and variable term Contracts. We explain what these Contracts are and describe the differences in the Terms for each Contract. This section also explains how we charge for our Services, how you can pay us and how we deal with payment difficulties. If there is more than one person liable to pay us for the Services that are used under this Contract, we may seek to recover part or all of the charges from you or any other person.
Types of Contracts
- If you have entered into a Fixed Term Contract which is for an agreed period of time, you may cancel your Contract at any time by providing at least 30 days’ notice. This is called a termination notice. If you wish the termination notice to take effect before the expiry of the fixed term contract, you will be required to pay the termination fee applicable to this Contract. The termination fee is detailed in the Principal Terms, please see business.utilita.co.uk/terms
- If you give us a termination notice to end your Fixed Term Contract, but you have not moved your supply away from us after the termination notice has expired, you will move onto our Out of Contract prices. See clause 5 for information on what happens after the Fixed Term Contract comes to an end.
- If you are on our Out of Contract prices, you can leave the Contract at any time by providing 30 days’ notice. No termination fee applies. Please see clauses 6.4 and 6.5 for ending your supply.
- You will be on a Deemed Contract where you become responsible for the energy supplied to the Premise
and where you have not agreed a Fixed
Term or Variable Term Contract. This may happen when you move into a property supplied by us, or where
someone has moved out of the Premise
and you take responsibility for a property supplied by us. We may ask you to provide documentary proof
of your identity, address or business
to ensure that you are supplied on the correct Contract. Please see business.utilita.co.uk/downloads
for our current Deemed Prices and Principal Terms. You will continue on the Deemed Contract and Deemed
Prices until you expressly agree a
Contract or if you move to another
supplier. There is no requirement to provide a termination notice for Deemed Contracts and no
termination fee applies. Whether or not you
leave the Premise, if you change to a new energy supplier, you still have to pay all unpaid sums owed
to us for your usage.
- Where you choose to use prepayment, you can top up your meter using the top-up card number that we supply to you via a range of options.
- If you chose to receive a bill for payment, or pay by Direct Debit, you must pay by the date set
out on the bill. We will usually issue
bills monthly or quarterly. Details of how to pay a bill are set out in our Code of Practice on Paying
for Your Energy at
- Where you qualify for reduced VAT and CCL charges, you must provide us with the appropriate documentation before we apply the reduced rates – see business.utilita.co.uk/downloads for more information. You will be charged based on the percentage of qualifying use set out in the documentation. If your consumption is below a certain limit, we will apply VAT at the reduced rate automatically. If your circumstances change, you must notify us so that we can make the appropriate adjustments. Charges may not be capable of backwards adjustment if you have failed to notify us of a change in status or circumstances or if you notify us late. You are solely responsible for paying the right amount of VAT and CCL
- We may charge you for additional costs that are reasonably incurred by us as a result of us supplying the Services to you. In addition to any charges already stated in these Terms, such other additional charges may include non-standard network operator costs, costs of changing your meter arrangement (except where we are changing it under clause 3.3), costs of sending you additional copies of documents already supplied. These additional charges will be communicated to you before they begin to apply.
- We will not increase any Fixed Term Contract prices (excluding pass-through costs) we have agreed
with you unless the increase is due to a
change in law or regulation or variation of any Value Added Tax rate.
Delays in Payment
- If you are struggling to pay for our Services, or if there is any delay to your payment, you must tell us. If you do not pay for our Services when we ask you to, we may incur additional costs related to recovering the payment from you, which we will pass on to you. We may ask you to pay for our Services by an alternative method. In severe cases of non-payment of the charges, we may disconnect or de-energise your supply and charge you our reasonable costs of doing so.
- If you dispute a charge, please let us know as soon as possible. You are responsible for paying any undisputed charges. If you dispute any charges, we will make reasonable investigations and provide you with our findings. Where we determine that the disputed amount is valid according to these Terms, we will ask for the remaining amount and you will be required to pay that amount.
- If you are late in making a payment, we may impose a late interest charge at a rate of 4% above our nominated high street bank base rate. We may also charge a Payment Administration Fee as set out, from time to time, in our Code of Practice on Paying for your Energy at business.utilita.co.uk/COP
- If you have more than one account with us including accounts relating to more than one supply point, we may use any or all money paid to one account or supply point to pay off outstanding money owed to us on your other accounts or supply points.
- You may not offset or deduct any payments that are owed to us under this Contract against any amount that may be owed, or claimed to be owed to you, without our consent.
- If we are concerned about your ability to pay the charges relating to your supply if you are a
credit customer, or if we are concerned that
you may bypass or damage a meter, we may ask you to pay us a fair and reasonable Advanced Payment. We
may use this Advanced Payment to offset
sums owed to us.
Revenue Protection and Illegal Use
- Any action or attempt by you to amend or bypass any metering equipment, misuse a prepayment meter, consume energy without paying for it, or use the supply of energy for illegal activities may constitute a criminal offence.
- Where we become aware of inappropriate behaviour or of an allegation that an offence may have been committed, we will investigate these allegations and will act in accordance with our regulatory standards. This may include passing information about you to the police.
- Where we undertake revenue protection activities this may result in extensive charges being made to your account including (but not limited to) the cost of any investigation, warrants and associated costs, and the costs of any subsequent court case.
- You can find out more information about our revenue protection activities by reading our Paying for your Energy Code of Practice at business.utilita.co.uk/COP
Managing your account
This section explains how we will operate your account on a day to day basis, and how we will engage and interact with you.
- You are responsible for ensuring the information you have given us is accurate and up to date. You are responsible for providing us with a valid email address on which we may contact you. We will use this to contact you unless you, or another authorised person, ask us to use an alternative email or other form of communication. We may also communicate via SMS or social media where appropriate.
- You are responsible for ensuring that you, and your business personnel, co-operate with us in the
supply of the Services, and comply with
the requirements in these Terms.
If we need to visit you
- You confirm that you are legally able to, and have all relevant permission and consents to, allow us to have access to your Premise to install or access your metering equipment. You are also responsible for telling us about the configuration of the Premise to which this contract relates. This requirement applies whenever we need to access your Premise, and may include, but not be limited to, whether a meter has a secondary meter attached, or there are any other non-standard aspects to your Premise or installation that an engineer would reasonably need to know to work safely.
- You agree to allow us, our representatives or the network operator, to have safe, full and free access to your Premise at any time in an emergency, or where there is danger to people or property or where any statutory rights are being enforced, and at other times on reasonable notice to install, inspect, monitor, maintain, test, repair, replace, renew, operate or disconnect your Smart Meter or other metering equipment. Please ensure that it is easily accessible when we or our representatives visit.
- We may also need to visit you to work on your meter if you report any fault or problem with the meter to us. Where you prevent us from access to your Premise to carry out any work stated above, we may charge you for the visit, which may include the cost of removing any obstruction, or the cost associated with cancelling and rescheduling attendance.
- We understand that to access the meter or equipment we are visiting your Premise, and for further
information on what happens when we need
to access your Premise and the security measures we can put in place, please read our Code of Practice
on Arrangements for Site Access at
Renewing your Fixed term Contract
- We will notify you on or around 60 days before your Fixed Term Contract ends. If you choose to enter into a new Fixed Term Contract with us, then it will start the day after your previous Fixed Term Contract ends.
- If you do not choose a new Fixed Term Contract, you will move onto our Out of Contract prices. These
will start the day after your Fixed
Term Contract ends.
Changes to these Terms of your Contract
- From time to time we may need to make changes to these Terms, your prices (in line with the provisions of this contract), or our Privacy Information Notice. We may provide notice of these changes online, or in other communications with you.
- If we make any changes to the prices of our Deemed Prices, we will publish these on our website from time to time.
- If we make any changes to the prices of our Out of Contract prices, we will publish these on our
website from time to time.
What to do if you are unhappy with our Services
- If you wish to make a complaint, a copy of our Complaints Handling Procedure can be accessed at business.utilita.co.uk/contact/complaints This will give you further information about our timescales for dealing with complaints and what you can do if you are not satisfied with our handling of your complaint.
Ending your supply with us
From time to time it may be necessary to temporarily or permanently stop supplying Services to you under this Contract. This section explains the circumstances in which we and you are able to bring the Contract to an end.
If you wish to Cancel the Contract
- If you wish to cancel this Contract you must give us 30 days’ notice. You must provide us with a written termination notice to firstname.lastname@example.org or Utilita Energy, 45-46 Lanswoodpark Business Centre, Broomfield House, Broomfield Road, Elmstead Market, CO7 7FD. You do not have to provide a termination notice if you are on a Deemed Contract. If you do not give us proper notice as required under this clause 6, then the Contract will remain in effect, and you will continue to be legally responsible for all charges under the Contract until it is lawfully terminated.
- If you are cancelling a Fixed Term Contract before the end of the term, you will be required to pay a termination fee. This will be added as a charge to your bill. See your Principal Terms for more information. If you are cancelling any other Contract, you are not required to pay a termination fee solely as a result of cancelling the Contract, although you may be required to cover the reasonable costs that we may incur to prevent any further supply of Services to the Premise.
- If you are cancelling a Fixed Term Contract you will move onto our Out of Contract prices, on the day after your notice expires or on a later date that you agree with us, unless you switch your supply away before the Out of Contract prices apply.
- If you are moving to a new Premise, you must provide 30 days’ notice before you move and pay any
applicable termination fee where you are
ending a Fixed Term Contract before the term ends. You must provide:
- the date you are leaving the Premise
- your new address and contact details
- the name and contact details of the new owner or occupier
- a closing meter reading if you are not a prepayment customer. If you have a Smart Meter, we may take this remotely if you have consented to data collection. If you do not give us an accurate meter reading, you may be required to pay us the difference between the estimated bill and the next meter reading we receive.
We may ask you for documentary proof that you have left the Premise.
- If you do not tell us that you are moving, or provide documentary proof that you have left when we ask you to, you will be responsible for paying for any energy used until after the notice under clause 6.4 expires or the date on which another person notifies us that they have taken over the Premise.
- If you wish to switch to a different energy supplier the Contract will continue until the switch is
completed. We have the right to object
to your proposed supply transfer, including but not limited to: if, at the time of the proposed
- you have any unpaid charges (including unpaid termination fees);
- if your fixed-term contract has not ended;
- you have not provided a Termination Notice, or your termination notice period has not ended;
- if the proposed new supplier agrees that the transfer was initiated in error;
- you have related metering points and your new supplier has not applied to transfer all the related metering points on the same working day for the same Supply Start Date.
- Even if you have cancelled this Contract or left the Premise, you will remain liable for any energy
consumed at the Premise before the
cancellation notice takes effect, together with, any unpaid sums owing on your account, including any
applicable termination fee and emergency
and/or friendly credit which has not been repaid. We may take reasonable steps to locate you and
recover any sums owed to us after you have
cancelled the Contract, and we may charge you additional sums to cover our costs to do so.
If we wish to Suspend or Cancel the Contract
- Sometimes we have to stop or restrict the supply of Services, or we may refuse to supply our
Services under this Contract where:
- you have not paid for the Services that you are receiving from us in full and on time;
- you are not carrying out your responsibilities under these Terms, or are in breach of your obligations under these Terms;
- we are required to cut-off your supply under any of the utility industry arrangements under which we are operating;
- there is danger to the public or property, or if we have reason to believe there is danger to the public or property, if we continue with the supply of energy;
- where we have reasonable belief that;
- you may or have stopped trading,
- your business is wound up,
- you or the business becomes insolvent, enters administration or receivership or any other voluntary creditor agreement;
- you are declared bankrupt, an interim or final order is made under the Insolvency Act 1986,
- you stop paying, or become unable to pay your debts as they fall due, whether or not a debt to us has been paid in full;
- in any circumstances permitted under the terms of our Licence, or in law or regulation.
- Except in an emergency, we will try to work with you to minimise the interruption in the supply. If the suspension of the supply of Services is temporary, we will explain that to you. If the suspension is not temporary, we may cancel the Contract immediately.
- We may cancel this Contract immediately if you are no longer the owner or occupier of the Premise or Ofgem or another relevant authority directs another supplier to supply energy to the Premise.
- We may cancel this Contract at any time by giving you at least 3 months’ notice in writing.
- If we lose our licence to supply Services to you, either you or we can cancel this Contract immediately.
- Termination of this Contract will not affect any existing rights or obligations that you or we may have.
- If you switch to another supplier, we will automatically refund any unused credit on your prepayment meter if you pay by prepayment. If you are a credit customer or pay by direct debit, any unused credit balance on your account will be included in your final bill and a refund issued if necessary.
- You agree that we may transfer charges, credit or information relating to your energy to a third party in accordance with the law and regulations, including to enable us to manage any outstanding payments owed to us. You agree that we may transfer charges, credit or information relating to your energy to a third party in accordance with the law and regulations, including to enable us to manage any outstanding payments owed to us.
- We may cancel your existing Contract and offer you another Contract where:
- you are on a Contract or on prices that are not compatible with your metering equipment; or
- your consumption is materially different to the estimated annual usage specified on your Application.
- In these cases, you can either accept the new Contract or terminate your Contract. Terminating your Contract will mean that you move onto the Out of Contract prices and a termination fee will apply.
Green Deal Supplemental Terms – only applies to customers on the Green Deal
- Utilita is a Green Deal Supplier. If you would like to use our Green Deal Services, you will need to
sign up to our Green Deal Terms. To
find further information on the Green Deal, including our Green Deal Terms, please contact our
Customer Services by emailing
Online Portal Supplemental Terms – only applies to customers who have access to My Utilita Business
- Utilita operates an online portal, My Utilita Business, which serves to help non-domestic customers self-manage their business energy account. To find further information about this, including our My Utilita Business Terms and Conditions, please see my.utilita.co.uk/business/terms
- Utilita is a Green Deal Supplier. If you would like to use our Green Deal Services, you will need to sign up to our Green Deal Terms. To find further information on the Green Deal, including our Green Deal Terms, please contact our Customer Services by emailing email@example.com
Standard Terms of Connection for the Supply of Electricity Only
- Your local electricity distribution network operator has appointed us as an agent to obtain an agreement with you on standard terms of connection. We cannot start to supply you with electricity, if that is what we are agreeing to do, until that agreement is in force.
- You agree that under this Contract we are supplying you with electricity and that we are acting on
behalf of your electricity
distribution network operator to agree with you a connection to the electricity distribution network.
This Contract does not give you a legal
right to have electricity delivered. The agreement is between you and the network operator and is
subject to the National Terms of Connection
(NTC). The NTC is a legal agreement which affects your rights and it will start when you enter into
this Contract. To obtain a copy of the NTC
or to ask any questions about it, please write to Energy Networks Association, 6th Floor, Dean Bradley
House, 52 Horseferry Road, London, SW1P
2AF, phone 020 7706 5137.
Our Liability to You
- We do not limit our liability to you for death or personal injury arising out of our negligence or fraudulent misrepresentation.
- We are only responsible for foreseeable loss or damage that is caused by our failure to comply with these Terms or the Contract we have with you, or where we do not use reasonable skill and care. If you suffer loss as a result of our failure under this Contract, our total aggregate liability to you for all claims is limited to £10,000 for any one event or series of connected events in any 12-month period.
- We are not responsible for unforeseeable losses, or any other loss or damage that you may incur which is not an obvious consequence of our failure, or where the failure is due to circumstances that are beyond our reasonable control. We are not responsible for any indirect, special or consequential losses you may suffer, including but not limited to any business losses or profits, loss of income, or disruption to business activities carried out at the Premise. We are not responsible for any legal liability you may have to a third party.
- If we cannot supply the Services to you because of a third party provider (such as the network operator) our total liability to you is limited to the amount that we recover on your behalf from that third party.
- These clauses survive our termination of the Contract and take priority over all other terms of
the Contract, but do not affect our
rights or responsibilities under the Standard Conditions for supply that we must adhere to under
our licence to distribute energy
Managing Personal Information
- We collect data about you, your business, and your meter so we can provide the Services to you and to comply with our regulatory obligations. We explain what information we collect and what we use it for in our Privacy Information Notice which is online at business.utilita.co.uk/terms or you can call our Customer Services Team if you need a hard copy.
- Where the business customer consists of more than one natural or legal person, each of those persons shall be jointly and severally liable for all rights and responsibilities, including but not limited to payment, under the Contract, and you acknowledge that we may take action against any one or more persons to protect our rights and position.
- Sometimes we are required by law or regulation to transfer your Contract with us to another supplier without getting your consent, for example, if Ofgem tells us to do so.
- We may transfer or subcontract all or any part of our obligations to a third party who holds appropriate authorisation, and your rights will not be affected. If you have paid an Advanced Payment this will also be transferred.
- Nothing in this Contract affects any statutory rights you may have under law.
- If any part of this Contract is found to be invalid or unenforceable by any competent authority, this will not affect the validity of the remaining provisions of the Contract.
- We can enforce any rights and obligations under this Contract even if there is a delay in doing so.
- If the address of the Premise is in England or Wales, this Contract shall be governed by the laws of England and Wales and disputes arising shall be dealt with by the English courts. If the address of the Premise is in Scotland, your statutory rights are not affected.