1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply electricity to your Property.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the electricity to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Logicor Energy Limited a company registered in England and Wales. Our company registration number is 09735768 and our registered office is at Unit 7 Thornes Office Park, Monckton Road, Wakefield, England, WF2 7AN.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0330 1239540 or by writing to us at Logicor Energy Ltd, Unit 7 Thornes Office Park, Monckton Road, Wakefield, West Yorkshire, WF2 7AN or email email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Your contract with us will start:
a) When you agree with us on the phone that we will supply you;
b) If applying online, when you click to agree that you accept these terms and conditions; or
c) when you start taking the supply (this is known as a deemed contract which will continue to apply until we or another supplier begins to supply you under a contract that you have signed, accepted on the phone or accepted online).
4. HOW TO CANCEL THE CONTRACT
4.1 You have a legal right to change your mind within 14 days from the day after your contract was made ("Cooling-Off Period"). Please let us know within this time period that you would like to cancel the contract.
4.2 To cancel, simply write to us at Logicor Energy Ltd, Unit 7 Thornes Office Park, Monckton Road, Wakefield, West Yorkshire, WF2 7AN with your agreement number, saying you would like to cancel or, you can email us at firstname.lastname@example.org or phone us on 0330 1239540.
5. WHEN WE START SUPPLYING YOUR ELECTRICITY
5.1 We will usually start supplying your electricity within 14 days from the day your Cooling-Off Period ends; or
5.2 If our supply of electricity is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6. OUR TARIFFS
6.1 Classic Tariffs
a) We shall supply electricity only;
b) The charges shall be calculated in accordance with your usage per kWh per month;
c) The price per kWh will be the price indicated in your personal quotation. We take all reasonable care to ensure that the price per kWh advised to you is correct;
d) All charges shall be taken a month in advance;
e) There are no standing charges;
f) There are no contracting charges;
g) There are no cancellation fees.
6.2 Smart Tariffs
a) If you have purchased from Logicor (CH) Limited a CHS heating system and / or a ILHWS hot water system with associated accessories ("Kit") in accordance with the Terms and Conditions of Logicor (CH) Ltd, you qualify to be a Smart Tariff Customer;
b) We shall supply electricity and you can use any of our apps listed from time to time on our website www.logicor-energy.co.uk;
c) You will pay service charge per month (subject to our fair usage policy)
d) The service charge price per month will be the price indicated in your personal quotation. We take all reasonable care to that the service charge price per month advised to you is correct;
e) All charges shall be taken a month in advance;
f) There are no standing charges;
g) There are no contracting charges;
h) There are no cancellation fees;
i) You must not disconnect any Kit from the internet at any time. Should you do so the company reserves the right to increase your service charges in line with any one of the other tariffs the company offers at that time.
6.3 FAIR USAGE POLICY
The supply of electricity to your and the use of any of our apps are subject to our fair usage policy.
Typically your home uses more energy in winter and less in summer.
Your monthly price is calculated based on your annual energy consumption in the last 12 months of normal consumption.
We equalise your consumption to give you a flat monthly rate spread over the year. To apply, all we need is your current annual energy consumption for electricity in kilowatt-hours (kWh). This information can be found on a recent bill or statement of account from your current supplier.
Fair usage is based on a variability of 3% of your previous annual normal energy consumption.
6.4 Security Deposit
Before we supply your electricity or if we are re-connecting an existing supply we may need to ask you for a security deposit payment.
7. CHARGES THAT ARE NOT IN OUR TARIFFS
7.1 We reserve the right to charge you for reasonable costs that are not included in our tariffs. These include costs arising from the following:
a) Trying to recover money you owe us;
b) Visiting your property when you haven't kept an agreed appointment with us;
c) If you have interfered with your electricity meter;
d) If you shut off the internet connection;
e) Any other charges arising from misuse and / or deliberate damage to Kit.
7.2 We further reserve the right to request from you a security deposit (Security Deposit). This will not be necessary in all cases but in some circumstances we may request the Security Deposit from you before we deal with the switching of your electricity from an existing supplier and/or before we start supplying electricity to you – in which case we will wait for the Security Deposit to be paid in full before you become a customer and we will notify you of this.
7.3 The Security Deposit may be used by us to recover sums from you in the event of late or non-payment.
7.4 If we do require you to pay a Security Deposit then please note:
a) the monies will only be used where set out in clause 7.3;
b) if the start of your electricity supply is delayed because you have not paid the Security Deposit in full then we shall not be responsible for any charges that you have to pay to your existing supplier;
c) the amount of the Security Deposit wil depend on your own circumstances and the anticipated amount of your payments for electricity; and
d) during the time of your contract with us the Security Deposit amount may fluctuate, depending on any credit assessment about you or a review by us of your payment history.
8.1 We accept payment with all major credit and debit cards, by BACS transfer, or by direct debit.
8.2 All payments are to be made one month in advance.
8.3 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.4 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
9. METER AND METER READINGS
9.1 Unless your property already has a meter that has been approved by the National Measurement Office, you confirm that we can make arrangements to provide your property with a meter.
9.2 You must inform us straight away if you meter is damaged, or if there is a fault.
9.3 Our meter readings can usually be done online without coming to your property; if however a meter reading cannot be obtained online, we can ask you for a meter reading.
9.4 If you don't give us a meter reading, you agree to allow us to read your meter. We can ask you to pay reasonable charges if we have to read your meter.
9.5 If you don't give us a meter reading and we cannot take one, we will estimate your meter reading.
9.6 You must give us reasonable access to install, read, test, inspect, repair, remove or replace your meter when necessary.
10. STOPPING YOUR SUPPLY
10.1 We can refuse to supply you with electricity for the following reasons:
a) If you have not paid your bill despite us sending you reminders;
b) We are prevented from supplying you with electricity by something that we have no control over;
c) There is an emergency;
d) Ofgem or the network operator tell us that we have to stop supplying you;
e) Any law relating to the electricity supply says we can legally stop supplying you.
11. CHANGING THE CONTRACT
11.1 We can make changes to this contract or our prices at any time.
11.2 If we make a change to this contract or we raise your prices, we will let you know at least 30 days before the change happens.
11.3 If you do not accept any changes that we make to this contract, you may end this agreement and change supplier. The changes we make will not apply to you as long as:
a) no later than 20 working days after (but not including) the date on which the change to the terms of this contract takes effect we have received notification that another supplier will begin to supply your home within a reasonable period of time and the supplier does so; or b) you have entered into a new contract with us which comes into effect no later than 20 working days after (but not including) the date on which the change to the contract takes effect.
12. WHEN YOU CAN END THIS CONTRACT
12.1 If you are moving and you don't want us to supply electricity at your new property, you need to tell us at least 30 days before you move. If you do that, your contract will end on the date you move out of your property.
12.2 In all other circumstances, you can end this contract at any time as long as:
a) You don't owe us any money;
b) You have started getting electricity from another supplier or you don't need an electricity supply anymore;
13. WHEN WE CAN END THIS CONTRACT
13.1 We can end this contract at anytime by giving you at least 28 days notice;
13.2 We can end this contract immediately if:
a) You commit a material breach of this agreement;
b) We lose our license to supply your property; or
c) Ofgem tells another company to supply your electricity;
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
14.1 Nothing in this contract shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of its employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation; or
c) any other liability which cannot be limited or excluded by applicable law.
14.2 Our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract shall be limited to £100.
15. ASSIGNMENT AND OTHER DEALINGS.
15.1 We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the contract.
15.2 You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under the contract.
16. ENTIRE AGREEMENT.
16.1 This contract constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to the supply of electricity to you.
16.2 Nothing in this clause shall limit or exclude any liability for fraud.
17.1 A waiver of any right or remedy under this contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by either of us to exercise any right or remedy provided under this contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
18.1 If any provision or part-provision of this contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
19. THIRD PARTY RIGHTS.
19.1 Unless it expressly states otherwise, this contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
19.2 The rights of the parties to rescind or vary this contract are not subject to the consent of any other person.
20. GOVERNING LAW.
20.1 This contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
21.1 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.