Octopus Energy Limited - General Terms and Conditions for Customers making use of the Electric Universe.
Definitions
"Application"
an application for the use of the Electric Universe, completed by you and submitted to us over the internet or made with us on the telephone or in person.
“Authentication”
the process of an EV Charge Point authenticating you as a user in order to give you access to the service
“Electric Universe”
the name given to the entire product offering, which consists of a method for you to access multiple electric vehicle charging networks and for the charges associated with your usage of those networks to be included on a single bill. The physical card that you may use to access a number of public charging networks is referred to as the ‘RFID Card’.
"Charge Point Operator"
refers to an operator or operators of charging hardware and their associated charging network
"Charging Data Record"
information relating to a single (or multiple) charging session(s), sent to us by the relevant Charge Point Operator
"Contract"
this contract, which governs our services for providing the Electric Universe and associated Charges
"Contract Start Date"
the date on which the Contract is entered into by you and us (and becomes a legally binding agreement).
“EV Charge Points”
equipment that provides electric charging for plug-in electric vehicles.
“EV”
means electric vehicle.
“Home Energy Customer”
an individual with a contract between them and Octopus Energy for the supply of electricity and / or gas to a property that they live in, own or rent.
"Ofgem"
the Gas and Electricity Markets Authority, which regulates the gas and electricity markets in Great Britain.
"Payment Method"
the way you choose to pay your bill. This could be Variable Direct Debit, or by Credit or Debit Card
"Privacy Policy"
our policy on how we manage your personal data.
“RFID Card”
a unique radio-frequency identification card provided to you by Octopus that is associated with you and your account uniquely and can be used to access and use EV Charge Points.
"Statement of Account"
this documents the charges that are associated with your use of the Electric Universe for that month
“Variable Direct Debit”
a Payment Method by which you enable us to initiate and collect direct debit payments from you, based on the amount of charging you used in the previous month.
"Working Day"
any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day that is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971.
"we", "us", "our" and “Octopus Energy”
in each case refers to Octopus Energy Limited (09263424), having its registered address at 33 Holborn, London EC1N 2HT.
"you", "your" and "Customer"
in each case refers to the person or persons named on the Application or any persons notified to us from time to time and accepted by us.
Introduction
These Terms and Conditions and our applicable charges for the Electric Universe which are available at [www.octopus.energy/electric-juice-network] shall form the Contract between you and Octopus.
Please read these Terms and Conditions carefully so that you fully understand your commitments and our responsibilities.
2. General
These Terms and Conditions govern your access to and usage of the Electric Universe. The EV Charge Points are owned and maintained by the respective Charge Point Operator and the Charge Point Operator is wholly responsible for the maintenance of the EV Charge Points. The definitions and explanations at the start of these Terms and Conditions apply.
3. Contract Start Date
3.1 Your Contract with us starts when you accept the Terms and Conditions as part of our Application process.
3.2 Our customer services are provided via email and online and it is your responsibility to ensure you have the equipment necessary to access these.
3.3 By agreeing to this Contract, you are agreeing that you will:
3.3.1 register your details as part of the Application process
3.3.2 provide us with an address that allows you to receive the RFID Card by post and have a mobile phone that gives you access to third party apps
3.3.3 provide Octopus with the information and permission it requires to take payments via monthly direct debits from your chosen bank account, or make payments to Octopus by credit or debit card by the payment due date we tell you of;
3.3.4 make any changes to your direct debit or contract via email, phone or your online account
3.3.5 keep all your personal details accurate and up to date;
4. Accessing the EV Charge Points
4.1 To make use of the EV Charge Points, you will use the RFID Card or an internet-based authentication system (on applicable Charge Point Operator networks) to start and stop charging.
4.3 We will not be able to grant you access if we have not obtained all the information we need to initiate access
5. Your Rights of Cancellation
5.1 You may cancel the Contract via email or on our website at any time. You will need to pay any outstanding charges.
6. Our Prices and Charges
6.1 Our charges for your use of the EV Charge Points will vary based on the Charge Point Operator that you are using.
6.2 Charges are based on the Charging Data Record we receive from the relevant Charge Point Operator. Charges can be made up of - but not limited to - volume of energy consumed, connection fees, time spent charging, and parking fees. Electric Universe sets the applicable energy & time-based rates, which can be found by visiting https://octopus.energy/electric-juice-network-rates/
6.3 We may round calculations to 4 significant figures to present charges clearly. For example, unit prices may be round to the nearest 0.01p and monthly amounts may be rounded to the nearest penny.
6.5 We can also charge you for reasonable costs that aren't included in our tariffs under certain circumstances. We will tell you how much such charges are at the time and will provide a breakdown of the costs if you ask us for one. These can include costs arising from the following:
6.5.1 RFID cards – Octopus will issue new RFID Cards to you. We will issue additional or replacement cards within 14 days of them being requested, at a cost to you of £4 per card;
6.5.2 Charges we are required to pass on to our customers by law or regulation or a regulatory authority (such as Ofgem); and
6.5.3 Any reasonable cost we incur (including administration cost) because you failed to meet the Terms and Conditions of this Contract.
6.6 VAT is also payable at the applicable rate.
6.7 If your employer or fleet manager has entered into an agreement with Octopus to reimburse you for the cost of charging your vehicle when used for business purposes, you accept that Octopus shall only reimburse to you any money that is actually received from your employer or fleet manager for this purpose. You acknowledge that the extent of reimbursement is a matter solely between you and your employer or fleet manager and notwithstanding any payments to Octopus by your employer or fleet manager, you have sole responsibility for paying our charges.
7. Payment Method
7.1 If you are a Home Energy Customer (as well as a customer of the Electric Universe) the charges associated with your use of the Electric Universe will be added to your home energy bill and you will pay via the same method that you have chosen for this bill - unless you have made alternate payment arrangements with us. If you are not a Home Energy Customer of ours you will be required to pay by credit or debit card at the end of each monthly billing period, unless we agree an alternative payment arrangement with you.
7.2 If you pay by Variable Direct Debit:
7.2.1 we typically set your direct debit amount based on the amount of energy you have used in the previous month;
7.2.2 we will issue your statement at least 5 Working Days before the direct debit is due to come out of your account;
7.2.3 your direct debit amount will be shown on your statement, and you should contact us if you believe your bill is incorrect;
7.2.4 if your direct debit fails due to insufficient funds, we will let you know and re-present the automated instruction within 5 Working Days;
7.2.5 if the amount payable is the subject of a bona fide dispute, the undisputed portion should be paid on your usual direct debit date. Any disputed amount should be paid via bank transfer within 7 Working Days of the dispute being resolved. No amounts can be offset or withheld on the monthly direct debit unless a credit note has been issued;
7.2.6 we reserve the right to refuse to process any transaction we deem fraudulent or suspicious;
7.2.7 you are generally responsible for ensuring that the direct debit can be paid in full on the due date.
7.3 Based on your credit history according to a credit reference agency we may require you to pay via Prepayment.
7.4 We will act in accordance with the Direct Debit Guarantee.
8. Non-Payment of Charges
8.1 If you are using Variable Direct Debit as your Payment Method and do not pay for your use of the Electric Universe on time, we may:
8.1.1 Require that you bring your account into good order and we may change the nature of your direct debit arrangement so that it collects the full amount of your bill each month plus any debt outstanding on your account;
8.1.2 Change the amount of your direct debit or other payment arrangement you have with us to recover the sum due to us;
8.1.3 Offer you a payment plan according to your circumstances;
8.1.4 Charge you £15 for the first missed payment and £20 for each missed payment after that;
8.1.5 Take such steps as are necessary to recover the sums due to us, which may include employing a debt collection agency;
8.1.6 Provide information about your non-payment to credit reference agencies, which may impact your ability to get credit in the future;
8.1.7 Recover from you all costs incurred by us in pursuing your non-payment, including bank charges due to cancelled or failed payments;
8.1.8 Charge interest at the rate of 4% above the Bank of England Bank base rate at the relevant time on all outstanding charges;
8.1.9. Switch your Payment Method to a different payment method, which may include requiring you to pay in advance; and/or
8.1.10 Disconnect or suspend your ability to use the Electric Universe
8.2 If you are having difficulty in paying your bill, please let us know as soon as possible and we can discuss ways that might help make paying your bills more manageable. We will provide all such help and assistance as we can in order to avoid disconnecting and suspending your access to the Electric Universe.
9. Changing the Contract
9.1 We may change your Contract if it is necessary to comply with any laws, or other rules that we are obliged to follow.
9.2 If we propose to make changes to your Contract that are not to your advantage we will give you 14 calendar days’ notice of the changes.
10. Ending the Contract
10.1 You may end this Contract at any time as long as all sums due to us have been paid, but you won’t be able to use the Electric Universe any longer.
10.2 We may end this Contract if:
10.2.1 You are in material breach of the Contract;
10.2.2 You did not pay us what you owe us when it was due;
10.2.3 we decide to cease offering the services provided under this Contract and/or
10.2.4 for any other reason on 14 days notice
11. Suspension of Access
11.1 We can suspend your access to use of the Electric Universe if:
11.1.1 You have not paid for your usage to date;
11.1.2 You are in material breach of the Contract;
11.1.3 We have reason to believe you may have damaged or tampered with the EV Charge Points; and/or
11.1.4 We are required to do so by any law, code or agreement.
11.2 If we suspend your access, you are required to pay:
11.2.1 Any outstanding amounts owed to us; and
11.2.2 Our reasonable costs to suspend you and/or to restart your access later.
12. Customer Service and Support
12.1 The EV Charge Points are the property of the respective Charge Point Operator.
12.2 We are not responsible for the maintenance or proper functioning of the EV Charge Points and accept no liability in relation to your use of the EV Charge Points. The Charge Point Operator is fully responsible for the maintenance and proper functioning of the EV Charge Points.
12.3 If you require guidance, service, or support on how to use any particular EV Charge Point, you will need to contact the Charge Point Operator that you are using. Their customer services contact details are available online, and often advertised on the EV Charge Point itself.
12.3 We are responsible for the maintenance and proper functioning of your Statement of Account. If you require service or support related to your Statement of Account, please contact us directly.
12.4 We are also responsible for issuing you with RFID Cards. In the event that you require an additional or replacement RFID Card, please contact us directly.
13. Complaints
13.1 If you submit a complaint to us regarding your Statement of Account, we will follow the complaints policy on our website: www.octopus.energy/unhappy.
13.2 If you need independent advice at any time you can contact Citizens Advice by phone on 03454 040506 or visit their website at www.citizensadvice.org.uk/energy/. Their service is free, independent and confidential.
13.3 When you submit a formal complaint, we will do everything in our power to resolve the issue.
13.4 If we cannot find a mutually acceptable solution, we will write to you to explain our position and our best offer. This is known as a deadlock letter.
13.6 More information on your rights can be found in the ‘Know your Rights’ document on the Citizens Advice website.
14. Your Information
14.1 We agree that we will use any personal data that you provide to us in accordance with our Privacy Policy, which is available on our website. We may run checks on you (and anyone else also responsible for payment) at Credit Reference and Fraud Prevention agencies, initially and periodically to help us assess your ability to pay for your use of the Electric Universe. When we run this check, the credit reference agency will record the fact that a check was made (even in the event that you do not use the Electric Universe).
14.2 If you have an account with us, we will routinely share information about your payment record with credit reference agencies. If we consider that your account is in default (i.e. you have not paid us and are in breach of your Contract) we will notify you and if you do not pay us, we will report the unpaid debt to credit reference agencies who will record that default on your credit file.
14.3 If you want to see what information credit-reference and fraud-prevention agencies have about you, you can contact the following UK agencies. They will charge you a small fee.
Call Credit
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ
Phone: 0870 060 1414
Website: www.callcredit.co.uk
Experian
Consumer Help Service
PO Box 8000
Nottingham
NG80 7WF
Phone: 0844 481 8000
Website: www.experian.co.uk
Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
Phone: 0870 010 0583
Website: www.equifax.co.uk
14.4 We will always process personal data fairly and lawfully in accordance with your rights. This means that we will not process your personal data unless you have consented to this happening. The processing of all data will always be necessary to provide our product and services and will not unduly prejudice your privacy.
14.5 It may be necessary to share your data with third parties in order to process your data and comply with industry obligations.
14.6 We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless you have agreed to this or would otherwise reasonably expect this. You may also ask that we correct inaccurate personal data relating to you.
15. Our Liability
15.1 We will not be liable to you for:
15.1.1 Any loss due to circumstances beyond our control (Force Majeure event);
15.1.2 Any loss which is indirect, consequential, economic or financial including loss of profit, revenue, goodwill, business, contractor wasted expenses;
15.1.3 Any loss which was not or could not have been reasonably foreseen even if we, our employees, subcontractors or agents did not follow this Contract; or
15.1.4 Any loss caused by the malfunction, interruption, disruption or failure of the EV Charge Points or RFID Card availability or operability.
15.2 If you suffer any loss or damage, our responsibility to you will be limited to a maximum of £5,000 in any calendar year.
15.3 We do not limit or exclude liability for death or personal injury caused by our negligent acts or omissions.
16. Transfer of Rights
16.1 We may transfer, subcontract, assign or novate any or all of our rights (including the right to recover the charges) or obligations under the Contract without your consent, but this will not affect your rights under the Contract.
16.2 You may not transfer the Contract or any of your rights under it without first obtaining our written consent.
17. Miscellaneous
17.1 If we do nothing, or delay taking action, when you breach the Contract, we will still be entitled to take prompt action to enforce a similar or subsequent breach of the Contract by you.
17.2 Notices to you under this Contract will be sent by post or hand to the billing address, or in the case of email to the last known email address that you have provided.
17.3 Notices to us under the Contract must be sent by post to Octopus Energy Ltd, 33 Holborn, London EC1N 2HT.
17.4 If any part of this Contract is declared invalid or is void or unenforceable, the validity of the rest of the Contract will not be affected.
17.5 The laws of England and Wales apply to this Contract and any disputes arising shall be dealt with exclusively by the English courts.