Pozitive Energy Domestic Terms and Conditions (Last updated 18 July 2022 )
1 Definitions
Contract Start Date means the date we process your telephone or online application.
Cooling Off Period means a fourteen-day (14) period during which a contract can be cancelled at no cost
Deemed Contract means a contract deemed to have been made under the Gas Act 1986 or the Electricity Act 1989
Economy 7 Meter means an electricity meter where the peak and off-peak consumptions levels are recorded separately
Network Operator means, in respect of each Premises, the owner or operator of the Network.
Premises means a premises at which supply of gas or electricity is taken wholly or mainly for a domestic purpose
Related Meter means an electricity meter that is related to one or more electricity meters
Security Deposit means a deposit of money that is used as security for the payment of charges
Smart Meter means a meter that we can communicate with without coming to the Premises
Staggered Tariff means a tariff where the prices will vary by a specific amount on a specific date which is not at our discretion
Standing Charge means an amount that is charged daily
Supply Start Date means the date when we start supplying to a Premises
Tracker Tariff means a tariff where the prices will fluctuate automatically linked to stock exchange, index or financial market rate
Unit Rate means an amount that is charges in respect of each unit of gas or electricity consumed
Welcome Pack means a statement of key terms of the Contract, including (but not limited to) tariff, prices, contract term, termination rights
2 Supply Contract
2.1 These terms and conditions together with any documents referred to, including the Welcome Pack, create a legally binding contract (“the Contract”) between you (our customer) and us (Pozitive Energy Ltd).
2.2 By entering into the Contract, you agree to keep to these terms and conditions. Please read them carefully so you understand your responsibilities.
2.3 Subject to clause 2.4, the Contract will be accepted by us if you have provided us with the information we require to register you as a customer.
2.4 You agree that we may carry out a credit check at our discretion and that as a condition of the Contract we may request a Security Deposit.
2.5 The Contract will start on the Contract Start Date.
2.6 We will send you the Welcome Pack on the Contract Start Date.
2.7 By entering into the Contract, you confirm that:
2.7.1 You are the owner or occupier of, or for any other reason have responsibility for, the Premises (or will be on the date you want your supply to start);
2.7.2 you use the Premises wholly or mainly for domestic purposes;
2.7.3 the Premises is connected to mains electricity and/or gas, or connected through another connection to mains electricity and/or gas. During the term of the Contract, you will remain responsible for making sure the Premises is connected to all relevant networks.
2.7.4 You are aged 18 or over, or, if the Premises are in Scotland, you are aged 16 or over.
2.8 If you stop using the Premises wholly or mainly for domestic purposes, you must let us know.
2.9 The Contract is based on the information provided by you, which you confirm is accurate. If this changes significantly you must let us know.
2.10 The standards we must meet in supplying gas and/or electricity to you, and the compensation arrangements that apply if we fail to meet these, are set out in the Standards of Performance Statement.
3 Deemed Contract
3.1 These terms and conditions apply where we supply to the Premises but you do not have a supply contract with us.
3.2 You agree that although you do not have a supply contract with us because you are receiving the supply at the Premises you will pay us the charges in accordance with our Deemed Tariff. You will be liable to pay the charges for all gas and/or electricity supplied by us to the Premises until the date on which this Contract ends and your obligation to pay the charges will continue after this Contract has ended.
3.3 In the event of a change of tenancy you must tell us the date you began to take supply at the property and the electricity and/or gas meter reading(s) at that time. If this information is not made available, we reserve the right to consider that:
3.3.1 The start date of supply to you is the day after the termination date for the outgoing customer.
3.3.2 The opening meter reading(s) for you is the same as the final meter reading(s) for the outgoing customer.
3.4 The Contract will end on the date that you stop owning or occupying the Premises if you have notified us at least two (2) working days before the date on which you stop owning or occupying the Premises. If you have stopped owning or occupying the Premises without telling us, the Contract will end on the earlier of:
3.4.1 the end of the second working day after you have notified us that you have stopped owning or occupying the Premises; or
3.4.1.1 the date on which any other person begins to own or occupy the Premises and takes a supply of electricity at those premises.
3.5 This contract will end on the date that we cease to supply gas or electricity to you, or you enter into a contract with another supplier or a supply contract with us.
3.6 Ending your contract will not affect any rights and responsibilities you or we had before the contract ended, or which are due to come into force under that contract or to continue after the date it ended.
3.7 If we start supplying to you because Ofgem told us to do so, we will honour the credit balance you had with your previous supplier.
4 Notices and account management
4.1 If when you first enter into the Contract with us you confirm your agreement to receiving your bills in paper or electronic format. We will confirm the arrangement you made in the Welcome Pack. If you agreed to receive bills in electronic format, you must provide us with a valid email address upon registration which you have ongoing access to during the term of the Contract. If you do not provide us with a valid email address or if you later choose to receive your bills in paper format, we will apply a paper bill charge. It is your responsibility to ensure that your email address remains valid throughout the term of the Contract. If we are unable to communicate with you using the email address you have provided, we reserve the right to apply a paper bill charge for each paper bill issued.
4.2 A further discount is available if you agree to only use our online resources to carry out certain account functions. We will confirm the arrangement you made in the Welcome Pack.
5 Cooling off
5.1 If you change your mind about entering into the Contract with us, you can cancel the Contract during the Cooling Off Period. We will tell you when your Cooling Off Period ends in the Welcome Pack.
5.2 To cancel:
5.2.1 contact us and tell us you have changed your mind;
5.3 This section 5 does not affect your rights to terminate the Contract under section 14.
5.4 If you cancelled your Contract within the Cooling Off period but your switch to another supplier has not gone ahead, we will charge your contract prices for fifteen (15) working days from sending you the notice in 5.2. After the fifteen (15) working day period expires, your Contract will terminate, and we will supply to you under a Deemed Contract.
5.5 If you cancel your contract with your new supplier with the Cooling Off Period and let us know you wish to return to us, we will supply you on basis of the contract terms that would have been in place if you stayed with us for sixteen (16) working days from the new Supply Start Date.
6 Supply
6.1 Our responsibility to supply the Premises (and your responsibility to pay for the supply) begins on the Supply Start Date. From this date and for as long as we are the registered supplier, all gas and/or electricity that passes through your meter or which is supplied to the Premises will be treated as being supplied under the Contract, even if you have a contract with any other person.
6.2 Your Supply Start Date will usually be in five (5) working days from the day when you enter into a supply contract with us, unless:
6.2.1 You have requested a later Supply Start Date;
6.2.2 You have told us you don’t want us to supply you;
6.2.3 We have difficulties taking over your supply from your current supplier. This could be because:
6.2.3.1 your current supplier objects to you switching because you have not met termination conditions of your contract with them;
6.2.4 we have not received or do not have all of the information required to take over the supply, despite taking reasonable steps to obtain it;
6.2.5 you are connected to a private gas or electricity network and:
6.2.5.1 a physical connection needs to be made to the distribution network for the electricity and/or gas and that connection has not yet been made;
6.2.5.2 your current supplier has told you about the way your metering needs to be arranged to allow another supplier to start supplying you and your meter has not yet been changed to allow this.
6.2.6 Ofgem prevents us taking over your supply;
6.2.7 There are any other circumstances beyond our control.
6.3 Where you enter into a contract with us after 5pm on a working day, your Supply Start Date will be within five (5) working day from the next working day following the date on which you entered into a contract with us.
7 Security Deposit
7.1 We may at any time, ask you for a Security Deposit. If you do not provide this, we may give you notice to end the Contract in line with clause 14.
7.2 If you miss any payments while the Security Deposit is being held by us, we may, at our discretion, use this to offset debt and request a further deposit.
8 Prices
8.1 Your tariff and prices will be set out in the Welcome Pack. You can also find the detail of your tariffs, prices and charges on your bill.
8.2 We will charge you for the amount of gas or electricity supplied to you in kilowatt hours.
8.3 The prices will include a Standing Charge and a single Unit Charge (per time band). Standing Charges will apply, whether or not you have used the supply, from the earlier of either:
8.3.1 the date a Deemed Contract arises;
8.3.2 the Supply Start Date.
8.4 We can charge you any reasonable costs and expenses we have to pay in carrying out our responsibilities to you. This includes any reasonable costs connected with Network Operators’ services, recovering money you owe, and disconnecting, reconnecting or replacing any metering equipment.
8.5 We reserve the right to charge you a fair and reasonable proportion of any sales tax, duty or levy (such as VAT) imposed upon us as your supplier (except for taxes on our own income or profits) and to change our prices to reflect any changes in them.
8.6 Where you receive electricity from us through an Economy 7 Meter, the relevant times for calculating any day/night prices will be those prescribed by the Network Operator. Please note that unless you have an Economy 7 Meter, we may not be able to offer you variable Unit Charges for your day/night usage.
9 Contract changes
9.1 If the Contract has a fixed term period, we may not change the prices or other terms and conditions of the Contract prior to the end of the fixed term period unless:
9.1.1 the change is not to your disadvantage;
9.1.2 the tariff is a Tracker Tariff or a Staggered Tariff;
9.1.3 the information you have given us is incomplete or incorrect;
9.1.4 there has been a change in the VAT rate and the change is reflect the change in the VAT rate;
9.1.5 we exercise the right to move you to another payment method on the grounds of debt.
9.2 If the Contract does not have a fixed term period, we may change our prices or other terms and condition of this Contract. Any changes will apply from the date we publish them on our website. If we make a change that significantly disadvantages you (including price increases), we will tell you about the changes and the effective date(s) at least thirty (30) days before they are due to apply. If you do not agree to the changes, you may end the Contract and switch to one of our other tariffs that does not include the relevant term or switch supplier.
9.3 If you do decide to switch to one of our other tariffs, the changes will not apply as long as your new tariff starts within (but not including) twenty (20) working days from the date that the changes are due to come into effect.
9.4 If you do decide to switch supplier, the changes will not apply as long as:
9.4.1 within twenty (20) working days of (but not including) from the date that the changes are due to come into effect, we receive notice from another supplier that they will begin supplying the Premises within a reasonable time.
9.4.2 if we object to you leaving due to debt but you settle your account within thirty (30) working days of this objection, and we have received the required notice as detailed above.
9.5 When we change our prices, we will take or ask you to give us a meter reading for the day the change is due to apply. If we cannot take a meter reading and you do not give it to us, we will estimate the meter reading for you. We will apply the new prices from this meter reading onwards.
9.6 In exceptional circumstances we may agree to vary the Contract by mutual consent. Where we require your consent, we will write to you setting out the proposed change, together with an explanation of what this will mean for you and ask you to contact us. Once we have received confirmation of your agreement to the change(s), we will confirm the agreed changes in writing within five (5) working days.
10 Billing
10.1 We will send you a bill at least once a month, but we may send you a bill more frequently in line with your agreed payment method. Your bill frequency will be stated in the Welcome Pack.
10.2 If we do not have all the information we need (including the amount of gas and/or electricity you have used during any period) to work out the charges you owe we will base your bills on our reasonable estimate of your usage relying on the information we have about the Premises, your annual consumption and your historical usage. If you believe an estimate is incorrect, please contact us with your own meter reading. We will revise your bill to your meter reading provided that your meter reading is in line with previous accurate readings.
10.3 If you do not give us a meter reading on your Supply Start Date or, in the case of a Deemed Contract, on the date you become responsible for the Premises, your account may be opened on an estimated meter reading.
10.4 If your meter is not read immediately before the Supply Start Date, or we reasonably believe that the reading we have is not accurate, we may estimate the amount of gas and/or electricity supplied during the period beginning with the Supply Start Date and ending with the earlier of
10.4.1 the date the meter is first correctly read after the Supply Start Date; or
10.4.2 the date your Contract with us ends.
10.5 Meter readings taken by you or us will be used as evidence of your consumption for the purposes of us calculating your bills, unless the meter is found to be recording inaccurately or you are able to provide evidence that the meter has been read incorrectly.
10.6 We will not bill you or otherwise make a payment request for charges which we have not previously requested payment for and that could reasonably be considered to be more than twelve (12) months old.
10.7 Clause 10.6 may not apply if you have behaved obstructively or unreasonably which prevents us from accurately billing you. For example, by physically blocking more than one reasonable attempt to take a meter reading at your property or if you have stolen gas or electricity.
11 Payment
11.1 You agree to pay us for the charges billed by us in respect of the supply which are not genuinely disputed, even if the charges are based on an estimate of your gas and/or electricity use.
11.2 You may dispute an invoice at any time. If you pay by direct debit, you do not agree with our invoice and you tell us at least three (3) working days prior to when payment is due, we will not process your direct debit. If only part of the invoice is disputed you must pay the part that is not in dispute. Once your dispute is resolved you must pay any money outstanding.
11.3 You agree to pay all bills by monthly direct debit, unless we agree otherwise. If we agree that payment will not be by direct debit, you may have to pay an administration charge.
11.4 If you pay by direct debit, we need to agree the fixed amount you need to pay at first to cover your yearly gas and/or electricity costs. We will review this amount every twelve (12) months. We might carry out more frequent reviews, but this is not guaranteed. Unless we decide that it is necessary to do so, we will not alter your direct debit when you make any extra ‘one-off’ payments, but at each review we will take account of one-off payments you have made.
11.5 Whenever we review your direct debit, we will estimate the cost of the gas and/or electricity you will use up to the date of the next annual direct debit review date. This will be based on your past gas and/or electricity use, current prices, and any debt or credit on your account. If your direct debit needs to change to cover your estimated yearly gas and/or electricity cost, we’ll let you know and make the changes.
11.6 If, on the date we review your direct debit your account is in credit, we will refund the amount you are in credit once you have given us your own meter reading. If your account with us is in debt we will let you know and take the amount of the debt from your bank account. By choosing to pay by direct debit, you agree to these payment terms.
11.7 You must pay your bill by the due date on the bill (or if a due date is not given within 10 calendar days of the bill date) using the payment method we have agreed with you. If you choose to pay by direct debit and you fail to do so, we will write to you, explaining what has happened and giving you a date when you need to re-start your direct debit, and what to do if you cannot afford your direct debit amount.
11.8 Any person named on the supply account is responsible for paying our bills and we may claim any money owed to us under the Contract for one or all of the people named.
11.9 If you pay your bills by fixed direct debit, we may adjust the final amount that we debit from your bank account to include any sums owing to us at the end of the Contract.
11.10 We may use any sums that you pay us to offset other sums you may owe us such as:
11.10.1 we may allocate your payment against the oldest sum due even if you tell us that the payment related to another amount you owe us
11.10.2 if you are in credit in relation to a particular supply or Premises we may allocate this credit against a debit balance on another part of your account, or against other Premises, e.g. if your gas account is in credit we can use this credit to pay off a debit on your electricity account
11.10.3 if we receive a payment intended to pay for more than one supply or Premises we may allocate this payment to different accounts against the oldest sums you’re due to pay us.
11.11 We have the right to use or transfer any debts or credits you have on your account, for accounts you have with us to pay off any debt you owe us.
11.12 If you do not pay your bill, we may also recover from you any costs incurred recovering the sums due including:
11.12.1 the cost of visiting your home;
11.12.2 administration costs incurred by us or our agents when trying to contact you;
11.12.3 the cost of applying for a warrant of entry and carrying it out;
11.12.4 the cost of tracing you if you move home and do not provide a forwarding address;
11.12.5 any other costs reasonably incurred to recover the debt.
11.13 We have the right to charge you interest if you are late paying any debt you owe us. This will be at a yearly rate of 8% above the Bank of England bank lending rate at the relevant time. We will also be entitled to pass on to you any third party charges incurred in collecting the debt such as those of a debt collection agency.
11.14 If you are finding it difficult to pay your bills we will try and help you. We may allow you to spread the money you owe us over a period of time and at a rate agreed by us or pay using the Fuel Direct Scheme, subject to your eligibility.
11.15 When we determine your repayment rate, we will take account of how much you can afford to repay. We will give due consideration to information about your affordability provided by third parties.
11.6 Any payment plan will be conditional on you making the agreed scheduled payments and continuing to pay for the on-going supply. You will be able to pay the outstanding balance on the payment plan at any time before it ends.
11.7 We will object to you switching the supply to another supplier during any payment plan unless you pay any sums outstanding in full.
12 Disconnection
12.1 We have the right to disconnect the Premises in the following circumstances:
12.1.1 in an emergency or if we are required to do so by law;
12.1.2 where we or the Network Operator need you to stop using your gas supply as your home, or the public, may be in danger. You agree to take all reasonable steps to avoid its use immediately.
12.1.3 where it is not reasonable, in all circumstances, for us to supply you and we give you seven (7) days’ notice that we are ending the Contract and cutting the supply.
12.2 If we supply you gas and electricity, we will treat each supply as if it is dealt with under a separate contract. We will not disconnect both your gas and electricity unless one of the reasons in clause 12.1 applies to both.
13 Access and metering
13.1 Under normal circumstances we will provide any equipment necessary to provide our service(s) and appoint suitable agent(s). All equipment will remain the property of us or our agents.
13.2 You will allow safe, full, free and unrestricted access to all metering equipment and other fittings used in connection with supplying your premises to us, our agents, the Network Operators and any other person nominated by us. You must allow these parties access to the Premises:
13.2.1 to install, repair, reposition, replace or remove a meter
13.2.2 to read, test or inspect a meter
13.2.3 to disconnect, reconnect, de-energise, isolate or re-energise a supply
13.2.4 at any time in the case of an emergency
13.2.5 for any other reason permitted under our supply licences.
13.3 If obstructions prevent access, you must remove them and pay any costs involved.
13.4 You must not damage or tamper with your meter. If you do, we will charge you for the reasonable costs of repairing or replacing the meter.
13.5 If your meter is, or appears to be, running backwards, or is in any way failing to record your consumption of supply accurately (including a defective meter or where you have had a micro generation system installed at the Premises), you agree to notify us immediately and we may charge you for the reasonable costs of repairing or replacing the meter. You agree to pay for the amount we reasonably estimate has been used during the period in question.
13.6 Either of us can ask for the meter to be tested to make sure that it is recording your usage accurately:
13.6.1 if you request the test and the meter is found to be recording accurately (within permitted tolerances) you will bear the costs of the accuracy test;
13.6.2 but if, regardless of who requests the test, the meter is found to be recording inaccurately (outside the permitted tolerances) we will bear the cost of the accuracy test and will arrange for the meter to be replaced.
13.7 On delivery or installation, you are responsible for keeping any equipment safe and in good order. You must not modify it in any way. You must tell us immediately if there is any damage or fault to the metering equipment. We may recover any costs we have to pay for replacing or repairing the metering equipment (including any call-out charges), unless the damage is caused by something we have done or failed to do.
13.8 You are responsible for and will maintain all pipes, wires, cables, equipment and fittings on the Premises from the point the supply leaves your meter, and the meter has recorded it. Any gas and/or electricity losses that happen on your side of the meter are your responsibility.
13.9 We may also recover from you any costs that we incur:
13.9.1 if you ask us to reposition or exchange the meter unless you’re of state pension age, disabled or chronically ill and currently unable to use the meter
13.9.2 if you ask us to arrange an appointment for the meter to be repaired, exchanged or inspected and you fail to attend or allow us access to the Premises.
13.10If you have a Smart Meter installed at the Premises by a previous supplier, we will endeavour to use it as such, but we may have to treat it as a traditional meter until such time as we notify otherwise.
13.11 If you have agreed to have a Smart Meter installed, we will contact you to arrange a convenient time for installation. You may change this appointment with more than 48 hours’ notice without charge. If for any reason we are unable to gain access to the Premises, or you have not contacted us to change the appointment more than forty eight (48) hours before, we may recover from you our reasonable costs for the failed visit.
13.12 Once we have notified you that we are able to use the Smart Meter functions you agree that we may use it to manage your account to:
13.12.1 take meter readings which we may use to calculate your bill;
13.12.2 monitor your usage;
13.12.3 repair and update the Smart Meter;
13.12.4 offer you appropriate tariffs and other products (including via any associated in-home display device) and for any other purposes in line with the Privacy Notice;
13.12.5 disconnect your supply provided the circumstances in section 12 apply;
13.12.6 identify any faults or interference with the Smart Meter.
13.13 If for any reason your Smart Meter fails to record your usage or fails to record it accurately, or we are unable to obtain a meter reading from the Smart Meter for any reason beyond our control, then we may estimate your usage.
13.14 The home display device may show the cost of your usage but will not show the total charges due under the Contract.
14 Termination
14.1 This Contract continues until it is ended in accordance with this clause 14. After this time, if you want to receive a further supply, you will need to enter into a new contract with us. If you or we end this Contract and we continue to be your registered supplier, you may move to a Deemed Contract.
14.2 If the Contract has a fixed term period and you terminate the contract before this period has expired, you may have to pay an early exit fee.
14.2.1 If your Contract has a fixed term period and the fixed term period is ending, we will send you a statement of renewal terms between forty-nine (49) and forty-two (42) days before the fixed term period is due to end which will include information about your new prices and options to switch to one of our other tariffs or switch supplier.
14.3 You may initiate (but not complete) a switch to a new supplier prior to receiving the statement of renewal term without incurring an early exit fee. You may complete a switch to another supplier no sooner that forty-nine (49) days before the end of the fixed term without incurring an early exit fee.
14.4 If you do not switch to a one of our other tariffs or switch supplier, you will automatically be transferred to our cheapest Standard (Variable) Tariff.
14.5 If you do decide to switch supplier, we will let you stay on your current tariff:
14.5.1 If within twenty (20) working days (but not including) from the end of the fixed term period, we receive notice from another supplier that they will begin supplying the Premises within a reasonable time.
14.5.2 if we object to you leaving due to debt but you settle your account within thirty (30) working days of this objection, and we have received the required notice as detailed above.
14.6 If the Contract has a fixed term period and you do decide to switch to one of our other tariffs between no more than forty-nine (49) days before the end date and twenty (20) working days (but not including) from the end of the fixed term period, you will be subject to the terms and conditions of the existing tariff until the new tariff comes into effect.
14.7 Our Standard (Variable) Tariff will continue until we end it. If we do decide not to continue with a Standard (Variable) Tariff, we will write to you between forty-two (42) and forty-nine (49) days before the end date to tell you that we will arrange for you to be automatically transferred on the end date to the cheapest Standard (Variable) Tariff we offer. We will include the prices for that tariff when we write to you and provide a comparison of the terms and conditions. If the cheapest Standard (Variable) Tariff or the terms and conditions are unacceptable to you can switch to one of our other tariffs or switch supplier.
14.8 If you decide to switch to one of our other tariffs, we will let you stay on your original Standard (Variable) Tariff until your move to the new Standard (Variable) Tariff is completed, which in any case must be completed within twenty (20) working days (but not including) from the end date.
14.9 If you decide to switch supplier, we will let you stay on your original Standard (Variable) Tariff:
14.9.1 If within twenty (20) working days of (but not including) from the end date, we receive notice from another supplier that they will begin supplying the Premises within a reasonable time.
14.9.2 if we object to you leaving due to debt but you settle your account within thirty (30) working days of this objection, and we have received the required notice as detailed above.
14.10 Following the end of the fixed term, you may terminate this Contract at any time by giving us twenty-eight (28) days written notice provided that:
14.10.1 You have paid us all sums you owe to us;
14.10.2 on the final day of the notice period your supply is switched to an alternative supplier or is disconnected/de-energised. If your supply has not been switched to another supplier and the meter is still connected/energised you will be moved to a Deemed Contract.
14.11 We may object to you switching to another supplier where:
14.11.1 you have any sums outstanding to us;
14.11.2 your new supplier has contacted us and it is agreed the application was made by mistake or without your proper consent;
14.11.3 there is a Related Meter at the Premises and the new supplier has not applied to switch all of the Related Meters on the same Supply Start Date
14.11.4 you have asked us to.
14.12 If you are moving, or for any other reason will no longer be responsible for the Premises, you must:
14.12.1 notify us at least two (2) days beforehand in writing;
14.12.2 provide us with your new address (if applicable);
14.12.3 provide a final meter reading so we can accurately produce your final bill.
14.13 Provided that you have complied with clause 14.12 the Contract will end on the date that you move out of the Premises.
14.14 If you fail to give us the correct notice and information in clause 14.12.3, the Contract will continue and you will remain responsible under it until the earlier of either:
14.14.1 two (2) days after you tell us that you have moved;
14.14.2 when we are contacted by the person now responsible for the Premises.
14.15 We can end the Contract in any circumstances by giving you thirty (30) days’ notice. If during this period you have not switched to an alternative supplier and your meter remains connected/energised you will be moved to a Deemed Contract.
14.16 The Contract may be terminated immediately in the following circumstances:
14.16.1 you commit a serious breach of the Contract (e.g. meter tampering);
14.16.2 fail to keep to an agreed repayment plan;
14.16.3 refuse to pay a Security Deposit when requested;
14.16.4 you no longer own, rent or use the Premises;
14.16.5 refuse to enter into a repayment plan;
14.16.6 refuse to use the Fuel Direct Scheme when you are eligible;
14.16.7 you have any form of bankruptcy or insolvency proceedings brought against you;
14.16.8 we no longer hold the relevant supply licences ;
14.16.9 there is a risk of danger to you or others if we continue the supply;
14.16.10 Ofgem has told another supplier to supply you;
14.16.11 the Premises are or are to become Green Deal Premises or we reasonably expect that the Premises will or will continue to be Green Deal Premises at the time we expect to begin supplying electricity to the Premises;
14.16.12 circumstances beyond our reasonable control mean we are not able to carry out our duties under the Contract (for example, anything any other supplier, Network Operator, or other person does or fails to do);
14.16.13 could have chosen to pay by direct debit but fail to use that payment method and have not agreed another payment method with us. We have this right even if you do not have a debt on your account.
14.17 We will send you your final bill within six (6) weeks of the Contract end date. Where further information becomes available to correct an error is your final bill, we will send you a correct final bill.
14.18 Ending your contract will not affect any rights and responsibilities you or we had before the Contract ended, or which are due to come into force under that contract or to continue after the date it ended.
15 Data protection
We respect your privacy and are committed to providing you with a clear understanding of how we use your data. To find out about the ways in which we protect and use your data, please visit our Privacy Notice.
16 Liabilities
16.1 We cannot guarantee an uninterrupted supply. If we cannot supply you for some reason beyond our reasonable control you will not be able to claim that we are in breach of the Contract or a Deemed Contract.
16.2 Whether by reason of any negligence or the negligence of any of our or the Network Operator’s employees or agents, any non-fraudulent misrepresentation, any breach of the Contract or any express or implied warranty, condition or other term or breach of statutory duty or otherwise, neither we nor the Network Operator will be liable to you for:
16.2.1 any indirect or consequential loss, damage, cost, expense or claim including loss of profit, revenue or use, damage to reputation, loss of business opportunities or anticipated revenues;
16.2.2 damage that is beyond our reasonable control;
16.2.3 any loss you suffer as a result of your responsibilities to any other person (however this is caused).
16.3 Our and the Network Operator’s total liability (including interest and legal and other costs) to you relating to all claims arising under or in connection with the supply or the Deemed Contract (whether by reason of any negligence by us or the Network Operator or any of our or the Network Operator’s employees or agents, any non-fraudulent misrepresentation, any breach of contract or an express or implied warranty, condition or other term, breach of statutory duty or otherwise) will not in any event exceed £500 (five hundred pounds).
16.4 Nothing in the Contract or Deemed Contract limits or excludes our liability for death or personal injury caused by our negligence.
17. Other terms
17.1 If a court finds that part of the Contract or Deemed Contract is not valid, the rest of the Contract or Deemed Contract will not be affected.
17.2 If, at any time, we do not enforce any part of the Contract or Deemed Contract it will not stop us from doing so in the future.
17.3 We may assign, sub-contract or transfer all or any part of the Contract or Deemed Contract to another supplier without notice to you.
17.4 Your rights and duties under the Contract apply only to you and cannot be transferred to any other person without our written permission.
17.5 You and we do not intend that any part of the Contract or Deemed 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.
17.6 Your statutory rights under the law are not affected by the Contract.
17.7 The Contract is made under the laws of England and Wales for supply in England and Wales, and by the laws of Scotland for supply in Scotland.
18 Independent advice and complaints
18.1 If you have concerns, we would like to help. To contact our Customer Care Team (9am to 5.30pm, Monday to Friday) call 0333 370 9900 or email customercare@pozitiveenergy.co.uk. If you are still unhappy, you can email our Complaints Team at complaints@pozitive.energy. You can escalate your complaint further to our Compliance Team by emailing compliancemanagement@pozitive.energy. If you’re still not satisfied, you can contact the Ombudsman Services: Energy on 0330 440 1624 (9am to 5pm, Monday to Friday,) or visit ombudsman-services.org/energy for a free and independent review. If the Ombudsman finds we have not acted correctly, they will make recommendations on how we can put this right. This might include:
18.1.1 an apology or explanation;
18.1.2 compensation; or
18.1.3 any other relevant action.
18.2 It is easy to get free, independent advice. You might want to get a better deal, find out how to make a complaint, get advice about the quality of your electricity or gas supply, or ask for help if you are struggling to pay your bills. Visit citizensadvice.org.uk/energy for up to date information or contact the Citizens Advice consumer service on 03454 04 05 06.