»Ê¹ÚÌåÓýapp

»Ê¹ÚÌåÓýapp’ve tried to make this document as easy to read as possible, but if you do have any questions, just get in touch using the details below. »Ê¹ÚÌåÓýapp’ve included a glossary at the end, which gives you definitions of some of the terms used throughout. Any capitalised word –’°ä´Ç²Ô³Ù°ù²¹³¦³Ùâ€�, for example â€� will be defined at the end.Ìý

If you need to speak to someone, simply call 0345 230 6333 o°ùâ€�email us.Ìý

If you’re an individualÌý

b. If you also have a contract with us for Supply, this Contract applies as well as our Domestic Supply Terms. If there’s any conflict between this Contract and our Domestic Supply Terms, the Domestic Supply Terms will always take precedence to ensure that our domestic customers are treated the same.Ìý

If you’re a business or community organisationÌý

c. If you are a business or community organisation, these terms do not apply to you. Our Smart Export Tariff is not currently available to non-domestic customers.ÌýÌý

b. For free impartial advice you can call the Citizens Advice consumer service on 0808 223 1133 or visit citizensadvice.org.uk/energy.Ìý

c. If you’re in Scotland, you can contact Advice Direct Scotland on 0808 196 8660 or visit www.energyadvice.scot.Ìý

d. If you are still not satisfied you can contact the Ombudsman Service on 0330 440 1624 or visit energyombudsman.org.ÌýÌý

b. A cooling-off period applies to the Contract, which means you have 14 calendar days from the date you sign up to the Contract to tell us that you want to cancel it.ÌýÌý

c. Once we receive your completed Application Form, we’ll verify the information you’ve provided and your Eligibility (see clause 5) and let you know within 10 working days whether we can accept your application for the Smart Export Tariff.ÌýÌý

d. Once your Generation Unit has been successfully registered or your switch has been completed, we’ll provide you with your »Ê¹ÚÌåÓýapplcome Pack, which will confirm:Ìý

b. You will need to provide a valid email address and telephone number for us to use to communicate with you.Ìý

c. You consent to us processing your personal data in accordance with these terms and conditions.ÌýÌý

d. You must ensure that we (or our representatives) have safe and reasonable access to take Meter Readings on request. If we are unable to gain safe and reasonable access to the Premises and meters, we may stop your Export Payments and/or terminate this Contract.Ìý

i. you are not a business or community organisation;Ìý

ii. you own a Generation Unit that is capable of exporting Energy to the grid, or the right to receive Export Payments in respect of the Generation Unit has been validly transferred to you;Ìý

iii. you own or have exclusive responsibility for the Premises;Ìý

iv. the Generation Unit has an installed capacity of no more than 5MW.Ìý

v. the Generation Unit is MCS accredited;Ìý

vi. the electricity produced by the Generation Unit is measured by an Approved Generation Meter and the electricity exported is measured by an Approved Export Meter;Ìý

vii. you have a Smart Meter compliant with the metering legislation with a dedicated export MPAN registered under the Balancing and Settlement Code;Ìý

viii. you consent to us taking half-hourly Meter Reading data for your Exported Electricity;Ìý

ix. you are not registered for any FIT scheme export payments;Ìý

x. you’re not registered for, nor are you receiving, Renewable Obligation Certificates for the Generation Unit;Ìý

xi. your Generation Unit does not sell electricity through the Non Fossil Fuel Obligation or Scottish Renewables Obligation.Ìý

xii. you have not received any public grants that would make you ineligible to receive Export Payments; andÌý

xiii. you are not (or will not be, when you switch to us) in receipt of export payments from any other supplier.Ìý

Ìýb. If you are unable to provide the certification described in clause 3(c)(v) above, you will need to provide us with any information about your installation that we may request. »Ê¹ÚÌåÓýapp reserve the right to refuse you access to the Smart Export Tariff in circumstances where we haven’t been provided with sufficient information about the installation of the Generation Unit or where we are not satisfied as to the safety, integrity or otherwise of the Generation Unit.Ìý

Grid Connection ArrangementsÌý

c. You must ensure that you have obtained any permission that is needed from the local distribution network operator (the DNO) in relation to Exported Electricity from your Generation Unit. You must comply with any requirements relating to ongoing use of the grid connection. You agree that you will provide us with evidence confirming the connection arrangements if we request it. Where we reasonably suspect that you are in breach of the DNO’s requirements, we reserve the right to terminate this Contract without notice.ÌýÌý

b. If you Decommission the Generation Unit you will cease to be Eligible to receive Export Payments. You must let us know within 10 working days of Decommissioning the Generation Unit.Ìý

c. If any part of the capacity of your Generation Unit is rewired to connect to the Distribution Network through a different MPAN than the one originally allocated to the Generation Unit, you must let us know in writing within 10 working days. This will affect your Eligibility to receive Export Payments or the amount you’re entitled to receive.Ìý

b. »Ê¹ÚÌåÓýapp won’t make Export Payments:Ìý

i. during any period when you’re not Eligible; orÌý

ii. in respect of Exported Electricity not generated by an Eligible Generation Unit (including by standby generators).Ìý

c. When you provide us with a Meter Reading which we’re able to Validate, we’ll send you an Export Payment each quarter.Ìý

d. If you dispute the amount of an Export Payment, please contact us immediately and we’ll work with you to resolve any discrepancy.Ìý

e. »Ê¹ÚÌåÓýapp’ll endeavour to send your Export Payment within 10 working days of issuance of your Export Statement. Time for payment shall not be a condition of this Contract.Ìý

f. »Ê¹ÚÌåÓýapp’ll send you a payment statement for each quarterly Export Payment. Please ensure you check your statement and contact us within five days of receipt if you believe there are any discrepancies.ÌýÌý

g. »Ê¹ÚÌåÓýapp will make Export Payments to you by BACS. If we don’t have up-to-date and valid bank account details for you, we may not be able to make your Export Payments.Ìý

h. You shall be solely responsible for the payment of any and all taxes (including but not limited to VAT) due in respect of any Export Payments made to you.Ìý

i. At all times we reserve the right to reduce, recover or withhold an Export Payment for any reason, including (but not limited to) error, abuse or where Ofgem direct us to do so. Where an error is discovered we’ll take reasonable steps to correct this error at the earliest opportunity. »Ê¹ÚÌåÓýapp reserve the right to terminate this Contract immediately in the event we reasonably suspect or discover abuse.ÌýÌý

j. In the event of an overpayment of Export Payments, you’ll be required to make a repayment. Repayments must be made within 14 days of a request from us for payment. If an Export Payment repayment is not received in full, or where you instruct us to do so and we agree, we may withhold or reduce future Export Payments until the overpayment has been recovered in full.Ìý

k. In the event of an underpayment of Export Payments, we’ll adjust future Export Payments in a timely manner. The timing of the adjustment is not a condition of the Contract and adjustments may be made across several quarterly payments.Ìý

l. In some cases, we may also impose any additional applicable charges for other reasonable costs which will be added to your statement at the end of each quarter. These additional costs can include:Ìý

i. costs related to removing, inspecting, installing, re-installing, testing, moving or repairing a meter;Ìý

ii. costs in recovering money you owe us including, but not limited to, reasonable administration costs, as well as the costs of trying to contact you and getting a warrant to enter the Premises;Ìý

iii. any Exported Electricity that has attracted a payment through a FIT scheme or another export tariff supplied by another energy company;Ìý

iv. if you fail to keep an agreed appointment with us or our agents without giving us at least 48 (forty-eight) hoursâ€� notice; andÌý

v. any other reasonable costs we incur â€� for example administration costs associated with validating a non-certified generation asset. »Ê¹ÚÌåÓýapp will always make these costs clear to you during the sign-up process.Ìý

b. Your Approved Generation Meter, and any Approved Export Meter, must be installed on the Premises somewhere that can be accessed safely by our agents at all times. Safe access will generally require:Ìý

i. that the Meter is in a location and a position that means it can easily be accessed and read by a meter reader without the use of equipment such as tools, a ladder or a torch; andÌý

ii. that your installer has installed the relevant meter in line with industry guidance relating to accessibility issues, such as guidance produced by the MCS.ÌýÌý

c. You own and remain responsible for your Approved Generation Meter, and must maintain it at your expense. Ownership of your Approved Export Meter will depend on the type of meter installed. If your Approved Export Meter is not a Smart Meter, you should check with your energy supplier whether you own and are responsible for it.ÌýÌý

d. You agree to provide us with accurate Meter Readings at our reasonable request at any time between the Eligibility Date and the end of the Contract, and in any event, no less frequently than every three (3) months.Ìý

e. If you don’t provide a Meter Reading by the Meter Reading Cut Off Date, or we can’t Validate the Meter Reading that you have provided, we’ll be unable to pay you any Export Payment promptly. Any Export Payment due will be made in the next quarterly cycle in which we receive a Meter Reading that we are able to Validate. No interest shall be payable on this accrued amount.Ìý

f. When we ask you to, you will provide a Photograph of, or allow us or our agents safe access to the Approved Generation Meter and any Approved Export Meter on the Premises. You’ll provide a Photograph or allow our agents access to read the Approved Generation Meter and any Approved Export Meter no less than once every two years from the start date of this Contract until the Eligibility End Date, or earlier termination of this Contract. Our agents will send us your Meter Readings to Validate. If our agents are unable to access the Approved Generation Meter and any Approved Export Meter for any reason or if you cannot provide a Photograph of the meter/s, your Export Payments will be suspended until our agents are able to obtain access and send us a Meter Reading to Validate.Ìý

g. At all times we reserve the right to reduce, recover or suspend an Export Payment for any reason where we consider that the Meter Readings you’ve provided are not accurate.ÌýÌý

h. In some circumstances the installation of a Generation Unit may cause your Import Meter to register your Supply electricity consumption incorrectly. You agree to notify us immediately if you receive your Supply from us, and your Import Meter is, or appears to be, running backwards or is in any way recording your usage incorrectly. You agree to allow our agents safe access to the Import Meter, and we reserve the right to pass through to you the reasonable costs of, inspecting, repairing or replacing your Import Meter in accordance with our Domestic Supply Terms.Ìý

a. The Contract is personal to you and cannot be transferred to another party. At all times, it’s your responsibility to make us aware of any changes to your Eligibility and/or entitlement to Export Payments as soon as possible.Ìý

b. The Contract will end automatically on the date you cease to be Eligible. You agree to repay any Export Payment you have received after you cease to be Eligible within 14 days of being asked to do so.ÌýÌý

Opting OutÌý

c. If you wish to terminate the Contract, you (or your new supplier) must give us 10 working daysâ€� written notice. Your opt out will take effect and your Contract will terminate after the 10 working daysâ€� notice period has expired.ÌýÌý

d. You will not be Eligible to receive Export Payments from us in respect of any electricity exported from the date of termination. Once given, notice of your intention to terminate the Contract cannot be rescinded or reversed. If you wish to rejoin the Smart Export Tariff, you will have to make a fresh application.ÌýÌý

e. If you decide to terminate the Contract, and opt out of receiving Export Payments from us, you’ll be able to sell Exported Electricity on the open market, or participate in the Feed-in Tariff scheme.Ìý

f. In any event, you must inform us as soon as you receive payment from any other party for Exported Electricity.Ìý

Moving HouseÌý

g. It’s your responsibility to agree ownership of the Generation Unit when you leave the Premises. If the ownership of the Generation Unit changes then you agree to give us notice of the change within 28 days of ownership transferring. You agree that we may recover from you any Export Payments made after you cease to be Eligible.ÌýÌý

Switching AwayÌý

h. If you no longer wish to receive your Export Payments from us under the Smart Export Tariff, you can switch to a different supplier at any time. To do this, you’ll need to contact the supplier you wish to switch to. They’ll inform us that you’re moving.ÌýÌý

i. You must inform us in writing of your wish to switch to another supplier and provide us with details of the supplier to whom you wish to switch.Ìý

j. This Contract will end on the date that your new supplier completes the switch.Ìý

k. »Ê¹ÚÌåÓýapp have a duty to comply with the switching procedure.Ìý

Our right to end the ContractÌý

l. »Ê¹ÚÌåÓýapp may end this Contract immediately without liability to you if:

i. you cease to be Eligible;

ii. you fail to provide information that we request, or provide of false or inaccurate information;Ìý

iii. we are unable to gain safe and reasonable access to the Premises and meters;Ìý

iv. we reasonably suspect that you are in breach of the DNO’s requirements;Ìý

v. we reasonably suspect or discover abuse;Ìý

vi. we are obliged, for any reason to withdraw the Smart Export Tariff; orÌý

vii. Ofgem, or any other competent authority, withdraw our Supply Licence.ÌýÌý

b. »Ê¹ÚÌåÓýapp, our Group Companies, our agents and Ofgem may use your personal information to do the following:Ìý

i. obtain your details or other relevant information from other suppliers, Ofgem, BEIS, or other industry standard companies;Ìý

ii. provide your details or other relevant information to other suppliers, Ofgem or other industry standard companies;Ìý

iii. for the purpose of administering, reporting and auditing the Smart Export Tariff by us, our nominated auditors and/or Ofgem;Ìý

iv. verify your identity when you make enquiries of us by phone, email or letter. Calls may be monitored to make sure that we’re meeting our legal and regulatory requirements and for staff training;Ìý

v. help us set up and administer your accounts for services and products that we or our Group Companies provide you with now or in the future;Ìý

vi. contact you where you have consented (including by email, phone, SMS or other forms of electronic communication) with up to date information on products and special offers from us and our Group Companies or affiliates;Ìý

vii. market and statistical analysis;Ìý

viii. demonstrating and testing computer systems;Ìý

ix. help detect debt, fraud and loss;Ìý

x. enable us to protect your health and safety, or the health and safety of anybody who occupies the Premises; andÌý

xi. contact you by any method (including through a Smart Meter, using electronic communication, SMS, or telephone) in relation to this Contract and our fulfilment of our obligations under it.Ìý

c. If we’re contacting you with details of products and/or special offers we will, as far as possible, do so in line with any marketing preferences that you have provided to us. You can ask us not to send further details of products and/or special offers at any time by contacting us and giving us your account detailsÌý

d. Where you have already given us permission, we may share your information with third parties including:Ìý

i. joint account holders;Ìý

ii. a joint bank account holder named on an Export Payment instruction; andÌý

iii. any other third party that you have authorised us to speak to.Ìý

e. If you’d like to see a copy of the information that we hold about you, or have a complaint about the way we have processed your personal data, please write to:ÌýThe Data Protection Officer, Lion House, Rowcroft, Stroud, Gloucestershire GL5 3BYÌý

f. For the purposes of administering your account, we may send information to companies based outside of the UK or European Economic Area (EEA). If we do, we will ensure that adequate protection is in place to ensure that your information is processed in accordance with this Clause 15.Ìý

b. »Ê¹ÚÌåÓýapp shall not be liable for any losses, damages, costs, charges or expenses incurred by you due to any documentation (including your Application Form) being incorrectly completed by you, or being lost/delayed in the post.Ìý

c. »Ê¹ÚÌåÓýapp are not liable to you for:Ìý

i. any harm you experience which could not have been reasonably foreseen when we entered into this Contract;Ìý

ii. damage that is beyond our reasonable control, however it was caused;Ìý

iii. any indirect or consequential losses, however caused, including but not limited to economic loss; loss of business; loss of profit; loss of goodwill or loss of production revenue.Ìý

d. Our maximum liability to you in any 12-month period for any incident or related series of incidents is limited to the sum of Export Payments you have received during that 12-month period.ÌýÌý

e. Nothing in this Contract limits or excludes your or our liability for death or personal injury caused by you or our negligence.Ìý

b. »Ê¹ÚÌåÓýapp may transfer our rights and obligations under this Contract to another company, including a Group Company, and we will tell you as soon as we can if we do so. If we do so, your obligations and liabilities under this Contract won’t be affected. »Ê¹ÚÌåÓýapp may also subcontract anything we have agreed under this Contract, but we will remain responsible for anything carried out by our subcontractors.Ìý

c. If a court finds that any part of this Contract is not valid, the rest of the Contract will not be affected.Ìý

d. If, at any time, we do not enforce any part of this Contract, it won’t stop us from doing so in the future.Ìý

e. You and we do not intend that any part of this Contract should be enforceable by any person who is not a party to it and agree to exclude the provisions of the Contract (Rights of Third Parties) Act 1999.Ìý

f. Your statutory rights are not affected by this Contract.Ìý

g. This Contract is made under the laws of England for generation in England, under the laws of Wales for generation in Wales, and under the laws of Scotland for generation in Scotland.Ìý

h. As an Ofgem licensed electricity supplier, we have a duty not to discriminate without objective justification between those of our Supply customers for whom we administer the Smart Export Tariff, and our other Supply customers in relation to pricing our electricity supply or other charges.Ìý

Approved Export Meter â€� means a meter (including any Smart Meter) which measures the quantity of Exported Electricity, and which complies with Schedule 7 of the Electricity Act 1989 or any subsequent or equivalent meter legislation.Ìý

Approved Generation Meter â€� means a meter (including Smart Meters) owned by you which measures the quantity of electricity being generated by the Generation Unit, and which complies with Schedule 7 of the Electricity Act 1989 or any subsequent or equivalent meter legislation.Ìý

BACs â€� a payment made using the Bankersâ€� Automated Clearing Service.Ìý

CHP â€� means a Combined Heat and Power unit.Ìý

Contract â€� the agreement between us in respect of Export Payments, comprising your »Ê¹ÚÌåÓýapplcome Pack, these terms and conditions and any documents referred to in these terms.Ìý

Distribution Network â€� the electricity distribution network local to the Premises and to which any electricity generated by the Generation Unit, and not used at the Premises, is exported.Ìý

Domestic Supply Terms â€� means the terms and conditions on which our domestic customers receive a Supply which can be found here:â€�ecotricity.co.uk/terms. Alternatively, you can request a copy by calling us onâ€�0345 555 7 100.Ìý

Eligible â€� someone who meets the criteria set out in Clause 5 above, and Eligibility shall be construed accordingly.Ìý

Eligibility Date-Ìý the date on which you become Eligible to receive Export Payments as set out in the »Ê¹ÚÌåÓýapplcome PackÌý

Exported Electricity â€� any electricity that is generated by your Generation Unit and exported to the Distribution Network.Ìý

Export Payment â€� a sum calculated by reference to the Export Tariff and the quantity of Exported Electricity that has been metered as exported by an Approved Export Meter and is payable to you.Ìý

Export Statement â€� a written statement detailing the amount of Exported Electricity that you have exported to the grid. Your Export Statement is based on readings from your Smart Meter and is used to calculate the payments you are entitled to under our Export Tariff.ÌýÌý

Export Tariff â€� the payment rate per kilowatt hour for actual Exported Electricity as set out in the »Ê¹ÚÌåÓýapplcome pack.ÌýExtension â€� any modification of the Generation Unit to increase its total installed capacity from the same type of Eligible low carbon energy source.ÌýFeed-in Tariff / FIT â€� the government initiative, administered by Ofgem, designed to benefit individuals, business and communities who have renewable Generation Units.ÌýGeneration Unit â€� a unit, with up to 5MW installed capacity, which generates electricity from one of the following technologies:Ìý