OVO Energy - Zero Carbon Home Trial Terms & Conditions

Last updated: 16 August 2021

These Terms and Conditions (the Trial Terms) govern your participation in the OVO Energy Zero Carbon Home Trial (the Trial) and form the agreement between you and OVO Energy Ltd whose address is 1 Rivergate, Temple Quay, Bristol, United Kingdom, BS1 6ED (OVO, we, us, our). It's important that you read and properly understand them. If you have any queries, please feel free to contact us at [email protected] or 0330 102 7423.

Capitalised terms used in these Trial Terms are defined in section 16.

These Trial Terms are specific to the OVO Energy Zero Carbon Home Trial. They are separate to the OVO Core terms and conditions governing the supply of electricity to you by OVO Electricity and your use of that electricity.

Please note that by signing up to the Trial, you also agree to separate terms and conditions with our partners who are providing the various Products which form part of the Heating System: Mitsubishi Electric Corporation, Sunamp Ltd, TADO and Kaluza (see section 2 below) (the Partner Terms). It’s very important that you read and properly understand these Partner Terms before you book a Survey or an Installation appointment as we will not be able to complete your Installation if you later refuse to sign our Partner Terms.

Depending on which Products are being installed at your home, different Partner Terms will apply to you. These Trial Terms apply to all participants in the Trial.

1. Our Partners

1.1 As well as OVO, four other companies are mentioned in these Trial Terms - Mitsubishi Electric Corporation, Sunamp Ltd, Kaluza and TADO. These companies help us to provide you with the Heating System and the Trial Services (as described in section 2 below):

Mitsubishi Electric: Mitsubishi provides the Heat Pump which will be installed in your Property. Data from your use of the Heat Pump is then shared with Mitsubishi in accordance with the separate terms and conditions you agree with Mitsubishi. Mitsubishi will also provide a cloud based control application for the heat pump called MELCloud. The MELCloud app is accessible on a smartphone, a tablet or PC.

Sunamp Ltd: Sunamp provides the Heat Battery which will be installed in your Property. Data from your use of the Heat Battery is then shared with Sunamp in accordance with the separate terms and conditions you agree with Sunamp. Sunamp will be involved in the optimisation of the Heating System. Sunamp will engage the heat pump to charge batteries according to schedule/energy requirement provided by Kaluza

Kaluza Ltd: Kaluza is OVO’s intelligent energy software company. The Kaluza platform will be adding a layer of smart control to the heating and hot water devices. The control system will continuously optimise your Heat Pump and/or Heat Batteries to ensure that maximum efficiency and use of clean energy is achieved.

TADO GmbH: TADO provides the smart thermostat which will be installed in your Property. Data is shared with Tado in accordance with the separate terms and conditions you agree with Tado (see Section 2).

SGS Energy: SGS Energy is our installation partner for the Zero Carbon Home Trial. A family business, they’ve been installing renewable energy products around the UK for over 10 years, so they’ve got loads of experience. They’ll handle every step of the installation process, from assessing your home right through to installation.

For more information about Mitsubishi Electric, Sunamp, Kaluza and TADO, please click here.

2. Partner Terms

2.1 In order to participate in the Trial, when you book your Installation appointment and complete the signup process for the Trial you will be asked to agree to the following separate terms and conditions with our Partners, depending on which Products are being installed at your Property:

a, If you are having a Heat Pump installed, the Mitsubishi Electric terms and conditions will apply. These will be sent to you at the same time as your sign up documentation;

b.If you use the MELCloud App these terms will apply;

c. If you are having a Heat Battery installed, the SunAmp terms and conditions will apply;

d. The Kaluza terms and conditions cover the use of the Kaluza platform which will control and optimise your Products, these terms will apply to all participants;

e. If you are having a TADO Smart Thermostat provided to you the TADO terms and conditions will apply.

The Sunamp, Kaluza and TADO terms and conditions can all be found here.

2.2 If you do not wish to sign up to the relevant Partner Terms in respect of the Products being installed at your Property or used in connection with your participation in the Trial, unfortunately we will not be able to complete the Installation of the Products and you will not be able to participate in the Trial.

2.3 If you have any queries on any of the above terms and conditions or the Trial in general, please feel free to contact us at [email protected] or on 0330 102 7423.

3. How the Trial works

3.1 Once you have filled in our eligibility forms and, if required, had an initial conversation with one of our Smart Home experts and are deemed initially eligible for the Trial you will be passed over to our partners SGS Energy who will carry out a Survey of your home to make sure a heat pump is suitable – and identify any issues that might stop you joining the Trial. If your home is deemed eligible following the Survey, SGS Energy will then visit your home to conduct an On-site Survey. The Survey results will be used to work out what type of Heat Pump and mix of heating technology products are most suitable for your home. Our project partners SGS Energy will design and install the heating system that is best suited to your home. SGS Energy will check the installation has been finished to the required standards and leave you to enjoy your low carbon home.

3.2 During the Trial, working with Mitsubishi, Sunamp and Kaluza, we will control when electricity is being used to provide heating and hot water in your Property. While you are on the Trial, we reserve the right to vary the rate, timing and amount of electricity used to provide heating and hot water via the Heat Pump and/or Heat Battery to optimise when electricity is used to reduce the costs of electricity supply and support your local electricity network when it is under pressure and also when there are faults elsewhere on the network.

3.3 As part of your participation in the Trial, we will access and share information generated, collected, processed or stored by your Heat Pump and/or Heat Battery and collect other information about your electricity usage. This information will be used to monitor your system and ensure it is working effectively, and optimise where required. Your data will help us understand the viability of rolling out this innovative heating solution at a large scale, and we will use your aggregated, anonymised data in our energy systems monitoring.

3.4 Mitsubishi, Sunamp, TADO and Kaluza will also access and share information generated, collected, processed or stored by your Heat Pump and Heat Battery.

Please see Section 8 below for more information on how we, Mitsubishi, Sunamp and Kaluza use your data.

3.5 As part of your participation in the Trial, we will also share your Personal Data (such as name and address) with our trial partners SGS Energy, Kaluza, Sunamp, Mitsubishi.

3.6 You accept that this is a trial offering, and that the purpose of the Trial is to assess the viability of using the Products to provide a zero-carbon source of heat and hot water. As with any trial product there may be occasions where your Heating System does not function as planned. By taking part in the Trial you acknowledge that there may be times where your Heating System is not fully functional. We will always work to minimise the impact of any issues on you but neither we, Mitsubishi, Sunamp, TADO or Kaluza will be liable for any losses you may suffer as a result.

4. Trial Eligibility

4.1 To take part in the Trial, you’ll need to meet and comply with the conditions set out in this Section (the Eligibility Criteria) throughout the Trial Period.

4.2 In order to be able to join the Trial:

a. you must be an OVO customer and be on one of OVO’s fixed term plans and pay for your energy via Direct Debit. If you are not on an OVO fixed term plan, you must agree to sign up to one before your Trial begins (which will involve switching your electricity provider);

b. you must be the homeowner of the Property where the Products will be installed and this Property needs to be your principal residence;

c. you must confirm that no one in your household is elderly or has a medical condition that requires constant heat and hot water.

d. you must have any necessary permissions from other third parties, including your insurance companies and mortgage providers to install the Products at your Property. 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. you must have a suitable place to install the Products - we will confirm further requirements when arranging your Installation;

f. the Installation of the Heating System must not require substantial structural alterations to be made to your Property;

g. following the Installation, allow us to control your Products charging and electricity consumption;

h. you must agree to the relevant separate Partner Terms. See Section 2 for more details; and

i. you must have an OVO Smart Meter (an electricity meter) installed at your home (or agree to have one installed).

j. you need to be happy to take part in customer research relating to the Trial. For details please see our description of the research activities that may take place www.ovoenergy.com/smart-home-heat/zero-carbon-homes/research. You can opt out of this at any time by contacting [email protected] or 0330 102 7423.

4.3 During the Trial Period, you must:

a. remain on one of OVO’s fixed term tariffs and pay for your energy via Direct Debit;

b. comply with all the relevant OVO terms and conditions relating to your energy supply (which can be found here), as well as the terms and conditions of Mitsubishi, Sunamp, TADO and Kaluza which can be found here;

c. have a domestic broadband connection which is active and stable for use at all times. We anticipate that internet data usage as a result of the Trial will be low;

d. keep your Products online (and connected to the Kaluza platform) at all times of the day;

e. pay OVO for your electricity supply by ongoing monthly direct debit; and

f. allow us to control your Products via the Kaluza platform.

4.4 Entry into the Trial is at our absolute discretion and you acknowledge that you might not be allowed to join the Trial regardless of whether you satisfy the Eligibility Criteria.

4.5 If you no longer meet the Eligibility Criteria during the Trial Period due to circumstances within your control, we reserve the right to charge you for the cost of the Products and/or the cost of their installation. You will be responsible for the cost of removing the Products from your Property if you do not want to keep them.

4.6 If you switch to OVO to be part of the Trial but we then find you do not meet the Eligibility Criteria due to circumstances outside of your reasonable control (e.g we are not currently installing smart meters in your area) you can switch to a new energy supplier with no exit fees. If we discover that you are ineligible or no longer meet the Eligibility Criteria because of circumstances within your control (e.g. opting-out of half hourly data preferences on your OVO Smart Meter), we reserve the right to charge you an exit fee in accordance with our Core Terms and Conditions which can be found here.

5. Surveys and Installation

5.1 Whether we carry out the Heat Pump/Heat Battery Installation is subject to the findings of a Survey of your Property. We’ll let you know if we are unable to carry out the Installation as a result of the Survey and we won’t be liable to you in any way in the event that you are not able to have the Products installed and join the Trial as a result of the Survey.

5.2 We will let you know if you are able to participate in the Trial following the Survey. You will then have the option to choose whether or not to proceed with the Trial and book an Installation Visit. You are not under any obligation to proceed with the Trial or book an Installation.

5.3 You agree to provide our Engineer with access to your Property to carry out the Survey and the Installation (if you are eligible/decide to proceed with the Trial after the Survey). Surveys and Installations will be carried out by suitably qualified Engineers from our installation partners SGS Energy .

5.4 We'll try to meet your Survey and Installation time and dates, but we may need to change these from time to time. If we do, we'll try to notify you of any changes as soon as possible. But we won’t be liable to you for any losses due to changing your Survey or Installation date or time for any reason.

5.5 You agree that you or a person authorised by you (who is 18 or over) will be at the Property during the Survey and the Installation.

5.6 You will let us know if there are any local restrictions which may affect the Installation, for example: local parking restrictions, steep stair climbs or long carrying distances.

5.7 We aren’t responsible for any delays or failures to carry out a Survey or an Installation caused by circumstances beyond our control or which were unforeseeable.

5.8 We aren’t responsible for any losses you incur due to delays to your Survey or your Installation, however caused, including if we can’t complete a Survey or Installation during a scheduled appointment.

5.9 If we aren’t able to complete an Installation in a single appointment, we’ll make an additional appointment to complete the work. Unless there are additional fees payable under these terms or which we’ve otherwise told you about, you won’t be charged additional fees for this additional appointment.

5.10 We won’t start or continue the Installation if we believe there is a health and safety risk to our engineers or any other person, and we won’t return to complete the Installation until that risk is resolved.

5.11 If we are unable to complete the Installation for any reason that is not our fault, you may be liable for costs incurred by us.

5.12 Our installation partners SGS Energy 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 If you cancel your Survey or Installation within 24 hours or if you are not available when we arrive at your Property, you may be charged £30 for a failed appointment. If you fail to keep an appointment on more than two occasions, we may charge an additional fee.

6. Using the Products

6.1 Once we have carried out the Installation, you will become the owner of the Products. You are responsible for it being used in accordance with these terms and conditions, including, but not limited to:

a. following the manufacturer’s instructions and any other written or oral instructions we give you;

b. not attempting to, and not allowing any third party (other than the manufacturer or a person appointed by them) to, carry out any repairs, replacement, modifications or alterations on the Products in any way;

c. keeping the Products on your Property 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;

d. not misusing, neglecting or damaging the Products (including by disassembling them);

e. taking proper care at all times to prevent the loss or theft of the Products.

6.2 After we have carried out the Installation, the Products will be covered by the manufacturer’s warranty. For further information about the specific terms for Mitsubishi Electric warranty, please visit here. For further information about the specific terms for Sun Amp warranty, please visit here. Please read the manufacturers’ warranty carefully. It is your responsibility to ensure you comply with the terms of the warranty. If the warranty requires registration to be valid, it is your responsibility to register the warranty with the manufacturer within the time period specified by the manufacturer. You must notify the manufacturer of any claim under the manufacturer warranty as soon as reasonably possible once you become aware of the fault. Any obligations to maintain the Products that are conditions of the manufacturer’s warranty are your responsibility to perform and maintain a record of.

6.3 Risk in the Products shall pass to you on completion of the Installation. This means that you are responsible for any loss or damage caused to the Products (including, but not limited to: accidental damage, criminal damage, theft or vandalism) and we reserve the right to charge you for the cost of repairing or replacing them. You agree to inform us of any loss or damage to the Products immediately. If you refuse to pay for any repair or replacement charges, we may terminate your Trial in accordance with Section 13.1.

7. Trial Period

Your Trial will start on the date your Products are Installed (provided that we are satisfied that you have complied with all of the Eligibility Criteria set out in Section 4) and end on 31st March 2022 (the Trial Period), subject to you or us terminating the Trial earlier in accordance with these Trial Terms. We reserve the right to extend the Trial subject to availability, in which case your Trial will automatically continue after 31st March (unless we notify you otherwise) until such date as we notify you that the Trial has ended (subject to earlier termination of your participation in the Trial by either you or us in accordance with these Trial Terms).

7.2 If during the Trial Period you change, renew or upgrade your current OVO plan to another fixed term plan, the Trial will automatically be added to your new plan, provided you still comply with the Eligibility Criteria.

7.3 At the end of the Trial Period, you will keep the Products in accordance with Section 6.1 but we will no longer provide you with the Trial Services. Should you wish to have the Products removed and a replacement heating system installed you must arrange this at your own cost.

7.4 Subject to Sections 11.1 and 11.2, if your participation in the Trial ends as you have decided to discontinue the Trial or you no longer meet the Eligibility Criteria before 31st March 2022, you may keep the Products but we reserve the right to charge you for the Products and/or any costs relating to their installation.

8.2 Your legal rights in relation to your personal information and the way in which we process your personal data will be in line with our Privacy Policy, which you can find at www.ovoenergy.com/privacy-policy.

8.3 Mitsubishi, SunAmp and Kaluza will process your personal data in line with their own Privacy Policies which you can find here (Mitsubishi), here (SunAmp) and here (Kaluza) and here (Tado).

8.4 The Trial is funded by the Department of Business, Energy and Industrial Strategy (BEIS) as part of the Trial we may also need to share with them your property’s location details, your property’s completed site survey and proposed heating system, and an aggregated analysis of your energy consumption data. BEIS will process your personal data in accordance with its Privacy Policy which can be found here: www.gov.uk/government/organisations/department-for-business-energy-and-industrial-strategy/about/personal-information-charter

8.5 As part of the Trial, with your consent, we may contact you via phone, email or SMS for your feedback on your experience of the Trial. When we contact you for feedback on the Trial, we’ll ask you for demographic information (such as the age and employment status of those living at the home), information about the other energy products in your home and information about your home heating behaviour to enable us to develop new products, conduct and monitor the Trial and your usage (including carrying out our obligations under these Terms and Conditions). This data will not be used for marketing purposes without your consent.

9. OVO Smart Meter

9.1 If you don't already have an OVO Smart Meter, pursuant to Section 4.2(j), we will contact you to arrange the installation of an OVO Smart Meter.

9.2 Notwithstanding anything in these Trial Terms, neither you nor we will be in breach of these Trial Terms if we are unable to install an OVO Smart Meter in your home due to factors which are beyond our reasonable control. If we are unable to install an OVO Smart Meter, these Trial Terms and your Trial (if it has already started) will automatically terminate on us giving you written notice. Your Smart Meter will be subject to additional terms and conditions, please see our Core Terms and Conditions for details.

10. Termination by us

10.1 We may terminate these Trial Terms and your participation in the Trial with immediate effect on giving you written notice if:

a. you breach any of your obligations under these Trial Terms or our Core Terms and Conditions; or

b. at any time during the Trial Period you fail to meet any of the Eligibility Criteria (see section 4 above); or

c. your Products are lost or damaged (and in the case of damage, is not covered by the manufacturer’s warranty and you do not agree to pay for any repair charges to remedy the damage).

10.2 We may also terminate these Trial Terms and your participation in the Trial at any time, for any reason, on giving you 30 days' written notice.

10.3 If you or we terminate your participation in the Trial for any reason after the Cooling Off Period, you will keep the Products. If we cancel your participation in the Trial pursuant to section 10.1, we reserve the right to charge you towards the cost of your Products and/or any costs relating to their Installation.

11. Termination by you

Your right to cancel

11.1 You have the right to change your mind and cancel your participation in the Trial from the date you sign up to these Trial Terms until 14 days from the date the Products are installed (“Cooling Off Period”). We won’t install the Products until 14 days after you have signed up to these Terms unless you expressly ask us to do so by completing the Confirmation to Start Work Form and emailing it [email protected].

11.2 If you cancel and we haven’t installed the Products you won’t have to pay anything. If you cancel within 14 days of us installing the Products, including where you have asked us to install your Products within 14 days of signing up to these Trial Terms, you will have to pay for any costs we incur to install and remove the Products from your Property.

When you can terminate the trial

11.3 You can terminate your participation in the Trial after your Cooling Off Period has expired at any time by giving us 30 days’ written notice. You will keep the Products in accordance with Section 10.3 but if you terminate your Trial before 31st March 2022 we reserve the right to charge you for the Products and/or any costs relating to their installation.

11.4 If you wish to cancel your Trial please email [email protected] or call us on 0330 102 7423 or use the Cancellation Form below.

11.5 If you move out of your Property, you will no longer be able to participate in the Trial. You will need to notify us that you are moving at least 30 days prior to your moving date by contacting us on the details in Section 12 below. The Products will remain in the Property. We will not be able to move the Products to another property or remove them. Should you or the new owner wish to have the Products removed or install a replacement heating system you must arrange this at your own cost.

12. How to contact us and complaints

12.1 We hope you enjoy being a part of the Trial. If you have any queries or need any support during the Trial Period you can contact us by emailing [email protected] or calling us on 0330 102 7423.

12.2 If you are unhappy with our service, you can submit a complaint over the phone or in writing by going to www.ovoenergy.com/feedback.

12.3 We 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.

13. OVO's Liability

13.1 Subject to Section 13.3, we will not be responsible for:

a. any failure of the Trial Services or your Products to function correctly. Liability for the Products remains with the relevant Partner;

b. any costs, loss or damage you suffer as a result of events outside our reasonable control. Matters outside our reasonable control include (without limitation): severe weather conditions; epidemics; civil disorder; terrorist activity; hacking, tampering or other unauthorised access or use of any software used to provide the Trial Service; war; acts or omissions of electricity network operators, and government action;

c. any costs, loss or damage you suffer as a result of not participating in the Trial in accordance with these Terms and Conditions. This includes a failure to comply with instructions provided by us, Mitsubishi, SunAmp, TADO or Kaluza;

d. any loss or damage to your property as a result of the Trial Services or the Trial, unless such loss and damage was caused solely be us;

e. 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 Services and/or your participation in the Trial results in you exceeding the permitted data limit on your broadband; or

f. for any loss or damage you suffer caused by us, Mitsubishi, SunAmp, TADO or Kaluza or our agents, to the extent such loss or damage results from any breach by you of these Terms and Conditions.

13.2 Subject to Section 13.3, we will not be 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 these Terms and Conditions at the time you entered into it, or (b) for any loss of savings, profit or business; or (c) for any indirect or consequential losses which you or anyone else suffers.

13.3 Nothing in these Terms and Conditions will affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.

13.4 Subject to Section 13.3, our maximum aggregate liability (including for negligence and breach of statutory duty) if you suffer any loss or damage as a direct result of something we’ve done, our maximum liability to you will be no more than £100,000 per event or series of events if they’re connected.

14. Changes to these Terms and Conditions

We may change these Terms and Conditions at any time during the Trial Period. The new terms will appear on our website. We will notify you 30 days in advance of any change we plan to make that puts you at a material disadvantage.

15. General

15.1 We can transfer any of our rights or obligations under these Trial Terms 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 for any reason in connection with these Trial Terms, we may deliver it by hand or use the postal address and/or email address you have given us most recently. If we post a notice to you, it will be assumed to have been delivered two Working Days after it was posted. 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 email address we have for you (as applicable).

15.3 These Trial Terms, and any documents explicitly referred to in them, are the entire contract between you and us in relation to the Trial.

15.4 Nothing in these Trial Terms affects our legal rights or powers. Nothing in these Trial Terms affects any of your statutory rights that can’t be excluded by law.

15.5 If any part of these Trial Terms are void or unenforceable, the rest of these Trial Terms will be unaffected.

15.6 These Trial Terms are 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.

16. Definitions

In these Trial Terms the following terms will mean:

“Heat Pump” means the Mitsubishi Electric ECOdan air-source heat pump with specification of depending on the results of the Survey.

“Heat Battery” means the SunAmp phase-state change thermal storage unit

“Heating System” means the products installed for the trial and any other hardware in your property required to provide heating and hot water

“Installation” means the installation of the Products as set out in section 5;

“Eligibility Criteria” means the eligibility criteria set out in section 4;

“Engineer” means one of our (or a subcontractor’s) engineers who is qualified to carry out the Installation;

“OVO Smart Meter” means an energy credit pay monthly meter that is able to supply us with half hourly meter readings through wifi or GSM;

“Products” means the combination of the Heat Pump and/or Heat Battery, controls, pipework, radiators and other heating system hardware installed for the Trial;

“Property” means the property or premises at which the Products will be installed;

“Supply” (or similar expressions) means the sale by us to you of electricity via an electricity distribution network;

“Survey” means the evaluation of suitability of your Property for anInstallation by one of our Engineers through a visit to your Property;

“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 refers to a calendar day.

Cancellation Form

If you want to cancel your Trial, please call us on 0330 102 7423, email us on [email protected] or use the cancellation form below:

To OVO Energy Limited

I hereby give notice that I wish to cancel my participation in the Zero Carbon Homes Trial.

Name:

Address:

Date:

Confirmation to Start Work Form

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel the contract within 14 days. This may happen because you change your mind.

By signing this written confirmation and emailing it to us at [email protected] you agree that, at your request, we can start to carry out the services during the 14-day cancellation period. You acknowledge that you may still change your mind and cancel your contract during the 14 day cancellation period (and any subsequent 14 day cancellation period once we have installed the Products) but you may be charged for the cost of removal of the Products:

To OVO

I/We [*] hereby give notice that I/We [*] request you to supply of the following service [*] on the following date [*]

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s),

Date