Residential Electricity Standard Terms and Conditions

Northern Ireland Residential Electricity Customers
Standard Terms and Conditions

Valid from 30th November 2018 until further notice

We would ask that You note in particular Conditions 3a (Change of Supplier), 8e, g and h (Payment of Accounts), 12.2 (Our Right to Withdraw Supply and End The Agreement), 19h (Data Protection) and 20b and c (Marketing).

APPLICATION OF STANDARD CONDITIONS
These are Our Standard Conditions, as a residential customer You will be deemed to have accepted these Conditions and be bound by them from the time that You become a customer of Ours.

1. DEFINITIONS
In these conditions, the words below have the following meanings:

  • ‘Us’ ‘We’ or ‘Our’ means ESB Independent Energy (NI) Limited, acting through our customer supply business unit Electric Ireland.
  • ‘You’ ‘Your’ or ‘Yourself’ means the person who has entered into this Agreement.
  • ‘Conditions’ means the standard terms and conditions of supply set out in this document.
  • ‘Agreement’ means the Contract for the supply of electricity by Us to You incorporating any special conditions and which includes these Terms and Conditions.
  • ‘Assignment’ means Our entitlement as a Supplier to transfer this right to a third party to perform Our obligation as a Supplier.
  • ‘AVT Message’ means an Automated Voice Message from Us to You regarding Your account, Our products or Our Services.
  • ‘Charges’ means the amount(s) payable by You for: (a) the supply of electricity by Us (b) any costs associated with the supply of electricity by Us, and (c) any Pass Through Charges.
  • ‘Connection Agreement’ means an Agreement with the DSO under which You have the right for Your installation to be, and to stay, connected to the electricity distribution system in line with the terms and conditions of that Agreement.
  • 'Consumer Council' means the Consumer Council for Northern Ireland which is an independent body representing consumers’ interests which may be contacted by telephone at 0800 121 6022, or write to the Consumer Council, Floor 3, Seatem House, 28-32 Alfred Street, Belfast, BT2 8EN or by emailing contact@consumercouncil.org.uk, or by visiting their website at www.consumercouncil.org.uk.
  • ‘Cooling Off Period’ means a period of 10 working days following entry into the Agreement during which You may decide to terminate the Agreement.
  • ‘Customer Account’ means any account with Us held in Your name for the purposes of the supply of electricity, gas or any other product or service.
  • ‘DSO’ means the Distribution System Operator (currently NIE Networks).
  • ‘Electric Ireland’ is a registered trademark of ESB.
  • ‘Electricity Bill’ means the periodic invoice issued by Us to You requesting payment for electricity supplied under this Agreement.
  • ESBIE (NI)’ is a registered trademark of ESB.
  • ‘Last Resort Supply Direction’ means a direction given by the Authority to another Supplier to assume responsibility for Supply to Your premises.
  • ‘LIBOR’ means the 3 month London Inter Bank Offered Rate.
  • ‘Licence’ means the Licence to supply Electricity granted to Us by the Utility Regulator.
  • ‘Maximum Import Capacity (MIC)’ means the maximum amount of electricity, expressed in kiloVoltAmps (kVA) that will be supplied to You at the point of supply.
  • ‘Meter’ means the electricity meter installed by the DSO for the purpose of measuring the quantity of electricity used by You on the Premises and includes any such Meter or Meters of any type supplied to You at any time at the Premises.
  • ‘NIE Networks’ means Northern Ireland Electricity Networks Limited which operates the local electricity network that delivers electricity to Your premises and is responsible for the change of Supplier process in the competitive electricity market in Northern Ireland.
  • ‘Pass Through Charges’ means government imposed levies or charges or any fees, costs or charges levied or imposed on Us by any third party, relating to the supply of electricity, and which We are entitled or obliged to pass on to You as a customer.
  • ‘Pay As You Go Keypad Meter’ means a meter which allows you, for budgeting purposes, to purchase electricity in advance, similar to Pay As You Go mobile phone payment arrangements. This meter is installed by NIE Networks subject to suitable wiring.
  • ‘Pay As You Go Electricity Card’ is a card which contains your premise number which you need to make top-up payments, at any PayPoint outlet, to your individual Pay As You Go Keypad Meter only.
  • ‘Point of Supply’ means the point shown in the Connection Agreement, or in an application to supply at a specific point, where energy may flow between the local electricity distribution system and Your installation.
  • ‘Premises’ means the Premises specified in the application for electricity supply completed by You or such other Premises as may be notified by You to Us and accepted by Us from time to time.
  • ‘Price Plan’ means Our list of current prices and the terms applicable to each.
  • ‘Register/Registration’ means the registering by the DSO of You as a customer.
  • ‘Security’ means a deposit of money paid in advance as a Security against the failure of an electricity account or Agreement being fulfilled to terms.
  • ‘Services for Vulnerable Persons’ We have special services for those who register with Us as being elderly, dependant on electrical medical equipment, or who have hearing, sight or mobility difficulties.
  • ‘Siteworks’ means any works carried out by the DSO in relation to Your electricity supply and any other piece of work as set out in the DSO’s Siteworks charges including, but not limited to the provision, installation, repair, maintenance, withdrawal or reinstatement of electricity supply or the Meter or equipment used in supplying electricity to Your premises.
  • ‘Start Date’ means the date on which You join one of Our Price Plans.
  • ‘Supplier’ means a company or entity licensed to supply electricity by the Utility Regulator.
  • ‘Utility Regulator’ means the independent nonministerial government department responsible for regulating Northern Ireland’s electricity, gas, water and sewerage industries.

1.1 References in the Conditions to a document shall be references to such document as amended or replaced from time to time.

2. SALE AND SUPPLY OF ELECTRICITY
a) We will sell and supply electricity to You at the Premises subject to these Conditions until the Agreement is ended by either You or Us in accordance with Conditions 11 and 12.
b) To receive a supply of electricity from Us under the Agreement You require a Connection Agreement with NIE Networks. NIE Networks operates the local electricity network that delivers electricity to Your premises and has appointed Us to act as its agent to enter into a Connection Agreement with you on standard terms. You agree that, by entering into the Agreement with Us, you are also entering into a Connection Agreement with NIE Networks for connection of Your premises to NIE Networks’s network. The terms of that Connection Agreement are the standard connection terms and conditions set out in the Appendix or otherwise attached to the Connection Agreement or otherwise provided to You or made known to You by Us. You are entitled to negotiate terms of connection of Your premises to NIE Networks’s network that are not the same terms as the standard connection terms and conditions. If You wish to do so You must negotiate with NIE Networks and not with Us about those terms but Your supply cannot commence until You have provided Us with evidence that there is a Connection Agreement in force for Your premises with NIE Networks and You must inform Us if that Connection Agreement terminates. The characteristics of the supply will be in accordance with the Connection Agreement and the terms of the Agreement. For the duration of the Agreement, all electricity passing through the Point of Supply will be supplied under the Agreement, notwithstanding the existence of any other supply agreement.
c) For existing customers the Agreement shall commence on the date of the Agreement. For new customers it shall commence on the date We receive notification from the DSO that You are registered as a customer of Ours.
d) You must give us all the information We need about the Premises, and all other details which We ask for to work out what kind of account/Price Plan You need.
e) You must provide Us with Your contact details e.g. a landline or mobile number and We are allowed to use these details to contact You in relation to Your account.
f) All the information You give Us must be truthful and accurate. You must tell Us about any changes to the information as soon as possible.
g) We will do all We can to process an application so that the electricity account is set up by the date You need it, as long as You have met all Our financial and other requirements.
h) Characteristics of the supply will be in line with the Connection Agreement and these Conditions. The typical MIC for private dwellings is 12kVA. You should check Your specific requirements with Your electrical contractor. You are responsible for choosing the appropriate MIC.
i) You cannot extend Your supply for someone else to use. We will consider them to be a separate customer.
j) We accept no responsibility for the adequacy, safety or other characteristics of Your electrical installation.
k) Under this Agreement, We will begin Supply of electricity to the premises no later than 15 days from the end of the Cooling Off Period.

3. CHANGE OF SUPPLIER
a) Upon a change of supplier/change of tenancy We may use and disclose Your data, including information about Your installation, to licensed 3rd party energy suppliers and credit agencies, in order to carry out credit checks, prevent fraud, assist in credit decisions, account management, and for debt collection purposes. All of the above mentioned parties may retain Your information for a reasonable period of time in order to carry out these functions. This is operated in line with a code of practice which allows customers with debt to switch supplier and have their debt transferred subject to agreement.
b) You will give Us an electricity meter reading for the Start Date or allow the DSO to obtain an actual Meter reading at the Premises.

4. METERING AND BILLING
a) The electricity supply will be measured by metering equipment that will be installed and maintained in line with the Connection Agreement. DSO staff, its agents or contractors will read the meters.
b) We will regularly send You bills for the electricity that You use. Your bill may also include charges for services that We have agreed to supply to You and will include VAT and any other taxes or charges that may apply.
c) If We or You discover that any meter reading has been inaccurate or omitted, or the readings have not been converted into charges correctly, We or You, as the case may be, must pay any money that is due at the date of the next bill or over an agreed repayment schedule.
d) If, for any reason, the DSO has not been able to get meter readings, We will use estimated readings. You can also provide Us with an actual reading by phoning LoCall 0345 600 5335 (Monday to Friday 8.30am to 7.00pm).

5 ACCESS AND SITEWORKS
a) All equipment and installations from the distribution network, up to and including the Meter belong to the DSO and must be used in accordance with the DSO’s instructions and terms and conditions. We have no responsibility for maintaining the Meter or any metering equipment.
b) You agree to be bound by any conditions given to You by the DSO or by Us on behalf of the DSO regarding Your electricity supply and any related matters. These are available from their website at www.nie.co.uk by phoning the DSO at 08457 643 643 or by email at customercontact@nie.co.uk
c) You are responsible at all times for having due care towards the Meter. You will not interfere or allow any interference with the Meter, whether for repairs or for any other purpose without the DSOs consent, and shall notify the DSO and/or Us promptly of any defect in the Meter or if any alteration or other attention is required.
d) You may request the DSO to carry out Siteworks at the premises in accordance with the terms of the Agreement.
e) The DSO (and when appropriate We) will inform You at the time that You request the Siteworks of the cost and payment terms of the Siteworks.
f) We may request that Siteworks be carried out at the Premises such as servicing of the Meter, withdrawal or reinstatement of electricity supply.
g) You must allow the DSO’s authorised personnel, agents or contractors entry to the Premises for the purposes of reading, inspecting, withdrawal or reinstatement of supply, or removing the Meter or Meters and for all other purposes in connection with providing electricity. Such entry is to be permitted at all reasonable times and at any time in case of any emergency or network emergency.

6. SECURITY
a) If We decide it is required at any time, You may need to provide a Security deposit of £200.
b) Any Security cover provided to Us which is in the form of a cash deposit will be repaid to You
when You close Your electricity account provided all sums due have been paid, or credited to your electricity account after a certain period (not more than twelve months) provided You have satisfied Our payment terms on a continuous basis, whichever is the earliest.
c) You may have to give Us Your date of birth and/or other personal information for credit assessment purposes.

7. PRICE OF ELECTRICITY
a) The prices offered by Us are based on Our current Price Plans which may be varied by Us from time to time.
b) Our Price Plans are displayed on Our website or may be obtained by contacting Us in accordance with Condition 17.
c) We are entitled to change the price of electricity charged by Us. We will inform you in writing, or by e-mail if you have provided your e-mail address for contact purposes, no later than one billing period after any change comes into effect. We may also publish the price change in any national daily newspaper and/or update Our website. Any such notice or advertisement will state the date on which the price change is effective.
d) You may get advice from Us on choosing a Price Plan but You are responsible for making the decision on what Price Plan best suits Your needs. In the event that You have chosen the incorrect Price Plan for You, We will not be held accountable for this or any charging that has occurred due to Your incorrect selection.
e) From time to time, We may (at Our sole discretion) offer certain specified categories of customers (which may or may not include You) Price Plans for a certain period of time to be determined by Us.
f) All of our tariff information, including the tariff name, standard unit rate, applicable discounts, discounted tariff rates and standing charges may be found in our Price Plans in Your Welcome Pack or at www. electricireland.com

8. PAYMENT OF ACCOUNTS
a) You must pay Us the cost of the electricity consumed at the Premises, or for any bill which is based on an estimated Meter reading during the billing period (plus VAT), and any other taxes or charges which may be applicable to the Price Plan You have chosen.
b) Unless We have agreed otherwise, every bill, including bills based on estimated Meter readings, is payable on the date specified on the bill.
c) You must also pay Us for any amount or charges which are specified on the bill as other services that We have agreed to provide to You.
d) You must pay Us for any Siteworks that We or You have requested to be carried out at Your premises and for which We have been charged by the DSO.
e) You must pay Your bill to the payment conditions of Your Price Plan. If you pay us by direct debit, We reserve the right to change our direct debit collection date and We will notify You in advance of doing this.
f) All sums due to Us under the Agreement must be paid without deduction or set-off. If You do not pay Us any sum due under the Agreement You may be liable to pay Us interest from the due date at a rate equal to 3% above LIBOR, accruing on a daily basis until payment is made.
g) If You have an account with Us at another residential premises, We may transfer any credit or debit between Your accounts in order to recover any money You owe Us.
h) You have the right to have a ‘pay as you go’ keypad meter installed. Please note that the price plan You have selected, and/or other discounts, may not be available to you if a ‘pay as you go’ keypad meter is installed
i) If You owe Us money, We may insist that a Pay As You Go Keypad Meter is installed (which will be done by warrant if necessary). If You have a Pay As You Go Keypad Meter, any debt or arrears on the account may be recovered as a percentage of subsequent purchases of electricity through the Pay As You Go Keypad Meter.
j) Further information on billing and payment options can be found in our Codes of Practice, see condition 18.

9. SERVICES FOR VULNERABLE PEOPLE
We will provide certain services to Our customers who register with Us as requiring special services in relation to their electricity usage. Information on these services, and how to register, is available in our Codes of Practice, see condition 18.

10. OUR LIABILITY
a) In Our role as Your supplier We will not be liable to You for any loss or damage caused arising directly or indirectly from Your electricity supply and the equipment.
b) Nothing in this Agreement will exclude or restrict Your or Our liability for death or personal injury resulting from Your or Our negligence.
c) We will not be liable to You under this Agreement in contract, tort (including negligence) or otherwise for any indirect damages or economic loss, any loss of revenue, business, contracts, predicted savings or profits.
d) If any exclusion or other condition in this Agreement is invalid for any reason and We become liable for loss and damage that could otherwise have been excluded or limited, our liability will be limited to a maximum sum equal to the total amount of charges and other payments We received from You for the electricity supply.

11. YOUR RIGHT TO END THE AGREEMENT
a) If You are moving Premises and/or no longer wish to keep Your electricity account open You must give Us seven (7) calendar days notice in advance of Your leaving the premises (or as otherwise agreed by us) by telephone or by writing to Us (in accordance with Condition 17) and pay the amount due for all electricity used up to the date of such termination and for any other charges and obligations in Your Price Plan or services that We have agreed to provide to You under this Agreement.
b) You will remain liable for any electricity used in the Premises until this notice is given and has expired and You have informed Us of the Meter reading Or You have given access to the DSO to read the Meter.
c) In the event that You do not meet the requirements of Condition 11 (a) and/or (b) You may remain liable for any electricity used until supply is withdrawn or a new account is opened at the Premises.
d) The ending of the Agreement will not affect any rights or duties which have accrued to You before the Agreement ends.
e) Where the supply of electricity is withdrawn due to Your default, You will pay Us all expenses reasonably incurred and the cost of supply withdrawal and of subsequent reconnection, if any, in line with regulated charges and codes of practice.
f) You will have the right to withdraw from and cancel the Agreement:

  1. where a supply of electricity has at any time previously been taken at the premises within the Cooling Off Period; or
  2. where a supply of electricity has not previously been taken at the premises, within the Cooling Off Period, or up to ten working days prior to the premises being connected to a distribution system, whichever is the better.

12. OUR RIGHT TO WITHDRAW SUPPLY AND END THE AGREEMENT
12.1 Provided We have followed Our procedures set out in Our Codes or Practice, We may request the DSO to withdraw Your electricity supply if:
a) Your installation or use of electricity interferes with the distribution system or disturbs other customers;
b) You extend the supply to someone else who We consider to be a separate customer;
c) You do not meet all of Your obligations under these Conditions or the Connection Agreement, and fail to put things right;
d) If You have used electricity without permission or committed theft of electricity;
e) You have been declared bankrupt and are unable to pay Your electricity bills within the meaning of Section 123 of the Insolvency Act 1986 or enter into a scheme or arrangement with Your creditors, have a liquidator, receiver, administrative receiver, manager or examiner appointed or are subject to an order or resolution winding up Your activities;
f) We need to do so by law;
g) Your Connection Agreement ends;
h) It is no longer practical to supply electricity for reasons outside Our control; or
i) You have asked Us to.
12.2 If You switch to another Supplier, this Agreement will end only when the new Supplier starts to supply You with electricity. You must pay Us any monies you owe Us and for any electricity You use until the date Your supply starts with the new Supplier. We may give your new Supplier any relevant details to help with Your transfer. If You owe Us money, We may advise Your new Supplier, and agree to transfer the debt to Your new Supplier for it to collect, giving it details of monies You owe.

13. COMPLAINTS
You may make a complaint in relation to any issue arising under the Agreement by letter to our Customer Complaint Facilitator at:
Electric Ireland, 1st Floor, 1 Cromac Quay, The Gasworks, Belfast, BT7 2JD

14. VARIATION OF STANDARD CONDITIONS
We may amend, vary or add to these Conditions at any time on giving You twenty eight (28) days notice. This notice will indicate where You may view or obtain a copy of the new conditions. If any variation, addition or amendment is unacceptable to You, You may end the Agreement in accordance with Condition 11(a) (the unvaried Conditions applying during the twenty eight (28) day notice period) otherwise You will be deemed to have accepted the new conditions

15. ASSIGNMENT
a) You may not assign the Agreement without Our consent.
b) We may, without Your Agreement, assign or transfer all or any part of Our rights and subcontract any of Our obligations under this Agreement to a party that holds the necessary authorisation(s).
c) On such assignment or transfer, We may hand over Your Security deposit and any interest in same to the party mentioned in 15 (b) or refund it to You. Condition 6b will apply to any Security deposit assigned or transferred.

16. NOTICES
Except for price change notices issued under Condition 7c, We will have given You proper notice:
a) If We send the notice by post to Your last known address.
b) If We address the notice to some or all customers in an advertisement in a national newspaper. Notices may be included in any other communication We send You.
c) You will have given Us proper notice if You send the notice by post addressed to Us at Our principal office in accordance with Condition 17.

17. CONTACT DETAILS
Our Customer Service Department may be contacted at:
Customer Services, 1st Floor, 1 Cromac Quay, The Gasworks, Belfast, BT7 2JD.
Tel: 0345 600 5335 (Monday to Friday, 8.30am to 7.00pm).
Email: customerservice@electricireland.com

18. OUR CODES OF PRACTICE AND CUSTOMER CHARTER
a) We have five Codes of Practice covering Complaints Handling, Billing and Payments, the Efficient Use of Electricity, Services for Pay As You Go Keypad Meter Customers and Services for Vulnerable Persons which set out the way We do Our business in each of these areas and the services and levels of service You can expect. These codes have been approved by the Consumer Council and by the Utility Regulator. To obtain free copies please call Us on LoCall 0345 600 5335 (Monday to Friday, 8.30am-7.00pm) or visit Our website at www.electricireland.com
b) We have a Customer Charter which sets out Our six customer service commitments. To obtain a free copy please call Us on LoCall 0345 600 5335 (Monday to Friday, 8.30am-7.00pm) or visit our website at www.electricireland.com

19. DATA PROTECTION NOTICE
a) In order that We may provide You with an effective service, it is necessary for Us to collect and use data relating to You (“Personal Data”). This includes Your name, address and contact details, information relating to your consumption of electricity and billing and payment data. Where appropriate, we may also hold information supplied by You, such as answers to security questions, bank account/credit card/debit card details and/or information relating to special circumstances you may have. This data is mainly used to manage Your customer account. In addition, data relating to You may be used for Our own business purposes which can include credit checking and market research. We may keep Your data for a reasonable period after You cease to be supplied by Us, but will not keep it for any longer than is necessary and/or as required by law.
b)
We will hold and manage your Personal Data in accordance with data protection and privacy laws.
c)
We may disclose Your data to agents who act on behalf of Us in connection with the activities referred to above. Such agents are permitted to use Your data only as instructed by Us. They are also required to keep Your data safe and secure.

d) Where the law requires, we may disclose Your Personal Data to authorities such as the PSNI, Local Authorities or regulatory bodies.
e) If You move Your electricity Account to another supplier We may disclose details of Your electricity usage and Account history to Your new supplier. You agree that Your current and any previous Supplier(s) may transfer the right to collect any debt You owe to that/those Supplier(s) to Us and to pass over all relevant account information to Us. If You transfer to a new Supplier and You owe Us money, We may tell the new Supplier about the debt.
f) From time to time You may speak to Our employees (or agents acting on Our behalf) by telephone. To ensure that We provide a quality service, Your telephone conversations may be recorded. We will treat the recorded information as confidential and it will only be used for training/quality control, account management and customer satisfaction purposes.
g) In order to protect Your privacy, You may also be asked to provide Us with suitable proof of identification when you contact us.
h) i) Where necessary, we will seek your consent to specific uses of your Personal Data. Where you give that consent, you are entitled to revoke it at any time.
ii)
You have significant rights in relation to the Personal Data that we hold about you.These rights include
1. Access to, and copies of, the Personal Data we hold about you
2. Correction of any Personal Data which is inaccurate
3. Deletion or erasure of Personal Data that we no longer require

To find out more about your rights and how We manage and protect them, please refer to our Privacy Notice, which can be found at www.electricireland.com/privacy or You can get a copy by contacting us at Condition 17 in this document.
Further detail can be obtained by contacting our Data Protection Officer at Two Gateway, East Wall Road, Dublin D03 A995 or by emailing dpo@electricireland.com.

20. MARKETING
a) We, and/or agents acting on behalf of Us may contact You by text message, e-mail, post, telephone or in person with information about products or services (relating to electricity, gas or other products and services, including those offered by third parties) which may be of interest to You. Please follow carefully the instructions below to ensure that Your marketing preferences are respected.
b) During the registration process to switch to Us we will ask Your preference in relation to marketing and ensure You have an opportunity to exercise Your right to opt out.
c) If, any time after registration, You do not wish to be contacted please exercise Your right of opt-out either by writing to Us in accordance with Condition 17 or by emailing Us at customerservice@electricireland.com

21. GENERAL
a) The headings in these Conditions are for convenience only and will not affect their interpretation.
b) If We waive a breach of the Agreement by You, that waiver shall not be considered to be or include a waiver of any previous or subsequent breach by You of the same or any other provision.
c) If a competent authority determines that any provision of these Conditions is invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected by that determination.
d) Where You are more than one person or entity, each such person or entity is jointly and severally liable for Your obligations under this Agreement
e) Both parties shall take all reasonable steps (except where otherwise required by law) to keep confidential the contents of the Agreement and any information concerning the other party’s business which that party may (by written notice) reasonably designate as confidential.
f) You agree that We may carry out credit checks on You at any time during this Agreement to the extent permitted by law.
g) This Agreement shall be interpreted, construed and governed by the laws of Northern Ireland.
h) Where a Last Resort Supply Direction has been issued by the Utility Regulator, in respect of this Agreement, Your Agreement with Us shall terminate on the effective date of the Direction.

22. EVENTS BEYOND OUR CONTROL
We will not have to carry out any obligation under this Agreement if We are prevented from doing so by any cause beyond Our reasonable control. This includes, but is not limited to, failure or shortage of power supplies, civil unrest, labour shortage or labour dispute, instructions or requests from the Government, an emergency services organisation, or any other competent authority, or legal obligations.

23. ENERGY CONSUMER CHECKLIST
A copy of the Energy Consumer Checklist can be obtained by contacting us at 0345 600 5335 or alternatively can be downloaded from our Website at www.electricireland.com

24. DEEMED CONTRACT
As envisaged in the Electricity Order 1992, a situation may arise where the Customer is receiving a supply from the Company without a supply contract being in place, for example where the Customer continues to consume electricity after the expiry of a fixed term contract, or where the Customer commences taking a supply at premises where the Company is the registered supplier, without signing up to a new contract. In these circumstances, the Customer will take the supply on the terms of a Deemed Contract, the terms of which are available at: www.electricireland.com/electricity-deemed-contract
The Deemed Contract will remain in place until the Customer enters into a supply contract with the Company, switches to another supplier or ceases to consume electricity at those premises.