Terms and Conditions for Half-hourly and Large Supply Points v1
Your Contract offer, along with the provision of these Terms and Conditions form a legally binding Contract between us. You are advised to keep these details safe along with any documents we send you.
These Terms and Conditions are applicable for half-hourly and Large Business Customers only.
They may also be for property developers who require a supply of Energy to prepare for sale or let. They don’t apply to Premises where Energy is supplied wholly or mainly for domestic use. If you are unsure about whether these Terms and Conditions apply to you, please call us and we’ll be happy to help.
It should be noted that the Contract you agree or enter into is with Gas and Power Limited, trading as HUB energy.
If HUB energy supplies you with electricity, we will act on behalf of your Network Operator to make an agreement with you. The agreement is that you and your Network Operator both accept the National Terms of Connection (NTC) and agree to keep to its conditions. This will happen from the time you enter into a Contract and it affects your legal rights. The NTC is a legal agreement further details of which can be found at www.connectionterms.co.uk.
Gas and Power Limited, trading as HUB energy (‘HUB energy’) is licensed to supply electricity and gas to both domestic and non-domestic Premises.
References to “we”, “us” or “our” means HUB energy and “you” or “your” means the person or business being supplied or intending to be supplied by us. Words and phrases highlighted in bold are defined in section V and shall be construed in accordance with the meanings given to them therein.
References to clauses and schedules are, unless otherwise stated, references to clauses of and schedules to this Agreement.
The headings to the clauses are for convenience only and shall not affect the construction or interpretation of this Agreement.
Unless the context requires otherwise, words in the singular shall include the plural and, in the plural, shall include the singular.
Should a clause be excluded by law; the materiality of the remaining Terms and Conditions, outside of the exclusion, shall still be enforceable.
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation in force made under it.
These Terms and Conditions apply to all Contract Types set out below. All Contracts with half-hourly or Large Business Customers are made with HUB energy under these Terms and Conditions.
You shall be subject to a Deemed Contract if the following applies;
You’ve become responsible for Premises where we are the registered supplier of Energy, but you haven’t agreed to a Contract with us for that Energy; or
Your supply has been transferred to us by mistake; or
Ofgem have appointed us as your supplier and you’ve not agreed to a Contract with us.
Charges will be calculated and applied from either the date of the last Meter reading, as available, or as reasonably estimated by us and shall be as notified to you from time to time or as amended by us.
Deemed Contract rates may be higher than Fixed Term Contracts due to the increased commercial risk borne by us as a result of the temporary nature of the Contractual relationship between the parties. The prices are listed on our website or you can request a copy by contacting us.
These Terms and Conditions apply to you from the moment you become responsible for Premises we supply.
You must pay us for the Energy you use including where applicable; a Standing Charge, CCL and VAT, which, in addition to our Deemed rates can be found on our website. You can also contact us to confirm your prices. For contact details go to the ‘contact us’ page on our website.
You can end your Deemed Contract at any time by:
Agreeing to a new Contract with us, or;
Asking us to permanently disconnect the Energy supply to your Premises where you will be liable to cover any and all such cost of disconnection and any other associated costs or;
Entering into a Contract with another supplier, of which you do not need to provide us notice and we will take all reasonable steps to ensure there are no delays to your switch.
We can make changes to your Deemed Contract, but we will take all reasonable steps to inform you of the changes and will publish our latest prices on our website.
If you agree to a Contract with us, from that point forward, you’ll no longer be on a Deemed Contract.
Whilst you are in a Deemed Contract you can make the decision to switch supplier at any time, but it may take up to 7 days for our records to be updated.
C. Fixed Term Contracts
You shall be subject to a Fixed Term Contract if you have entered into a supply Contract with us for a fixed period of time. You will be provided with a Start Date and an End Date for the Contract.
The Contract will not cease before the End Date except when section O.2. applies.
If you do not wish for the Contract to be extended past the End Date, you must provide a termination notice (at any time) prior to the Notice Date.
If you are in a Fixed Term Contractand provide a termination notice after the Notice Date, the Contract will terminate 30 days after the termination notice is received by us.
If we continue to supply you with Energy after the End Date, you will be charged our Out of Contract Pricesuntil your switch is completed, or you enter into another Fixed Rate Contract with us.
D. Out of Contract
You shall be subject to Out of Contract terms if:
You have reached the end of your Fixed Term Contract and we still supply Energy to the Premises after the End Date of your Fixed Term Contract or after the end of the Notice Period, or;
Your Contract has been cancelled.
The latest version of these Terms and Conditions will apply and we will charge you our Out of Contract Prices. Out of Contract Prices are generally more expensive than Fixed Term Contract prices and are listed on our website or you can request a copy by contacting us.
You can switch supplier at any time by giving 30 days’ notice.
Your switch could be delayed or prevented if:
the transfer date is less than 30 days from the day you told us you wanted to end your Contract.
there is an outstanding debt on the account.
you ask us to stop the transfer.
the new supplier fails to transact the switch of Energy supply in a timely manner.
E. Switching to HUB energy
This section applies if you’re a new customer or you ask us to provide Energy to Premises that we don’t already supply.
Your Contract starts from the date you accept our offer or, for Deemed Contracts, when you first become responsible for the Premises. Your Contract will continue until no Meter point(s) are registered to us under this Contract.
If you have agreed to a new Contract with us as you’ve moved into Premises we supply, we may request to see evidence that you are responsible for the Premises. If you or your Authorised Representative do not provide us with evidence, or we reasonably believe you’ve acted Fraudulently we may terminate your Contract.
If you are a new customer, or an existing customer adding Premises or agreeing to a new Contract, we may carry out credit checks prior to agreeing to supply you with Energy. For this purpose, we may undertake searches with credit reference agencies, and you should note that such agencies may keep records of our search.
If you are a partnership, this may involve checking all the partners. If you are another kind of incorporated organisation this may involve checking your officers.
The data the credit reference agencies hold includes information which is public, held by Companies House, from an electoral register and shared for credit and fraud prevention purposes.
As a result of checking your credit status we may do any one or more of the following:
Cancel your Contract(as long as we have not started supplying your Premises).
Increase the prices we offer you.
Require you to pay a Security Deposit or pay in advance.
Change the frequency of billing and/or payments.
Specify how you are required to pay for the supply of Energy to the Premises.
We agree to supply to you, and you agree to pay for the Energy supplied by us to the Premise(s) in accordance with these Terms and Conditions together with any rules and/or regulations made from time to time under the Acts as well as any other relevant legislative provisions.
You agree and understand that this Contract is legally binding and you must carry out your obligations. In advance of this Contract, you have confirmed that:
you are the owner or occupier of the Premises or you have the authority to enter into a Contract to purchase Energy for the Premises.
the Premises is connected.
you will provide suitable credit references and/or security cover and/or payment in advance if requested by us.
you will provide a best estimate of the EAC and/or AQ for each Premises.
The supply is half-hourly settled for electricity and/or daily metered in respect of the gas supply.
In the event that you are a sole trader, you hereby confirm that you are not a minor. In the event that the corporate legal structure of your business is a partnership or other type of organisation (other than a company) you and the other partners or officers in the business shall be jointly and severally liable for payment of the
We operate a paperless billing system. You agree that you will not receive a paper invoice and therefore agree to the following:
You will access our portal to retrieve your monthly invoices.
If you cannot access your invoices or other information via the portal, then it is your responsibility to inform us.
HUB energy reserves the right to refuse to use the paperless billing system for any reason and revert to paper invoices.
You shall remain fully responsible and liable to pay any invoices, whether or not you access the portal to view these.
We will maintain an active portal service 24 hours a day, 7 days a week, however, we cannot guarantee uninterrupted and/or reliable access to the portal service.
You will provide us, our Network Operator and any agents with safe and reasonable access to the Meter point(s) and / or metering equipment at all times. You will not obstruct access to a Meter point(s) and / or metering equipment at any time and you will ensure that, where access to Meter point(s) and / or Metering Equipment requires a key, accompaniment by you or your Authorised Representative or any other form of assistance needed and access will not be unduly delayed because of non-availability. If we or our agents are unable to gain safe and reasonable access to a Meter point(s) and / or metering equipment at any time we may notify you of the situation and, if it is not resolved to our satisfaction within 10 working days of the notification, we may pass through to you any additional costs incurred by us as a result of the failure to gain access.
F. Taking over your supply
You are responsible for cancelling or terminating any Contracts you may have with an existing supplier and pay any outstanding amount you may have with them. If you don’t:
They may not permit you to move your Energy to HUB energy and / or
The transfer may be delayed.
We will seek to supply Energy to you under this Contract provided that we can confirm the address of each PremisesMeter Point, MPAN and/or MPRN and that there is nothing to prevent us being registered as your supplier.
We will seek to become your registered supplier within 17 days of this Contract being agreed, unless:
We agree with you an alternative supply Start Datebeyond 17 days of this
Your current supplier objects to the transfer of the supply.
We do not receive all the required information to complete the transfer of the supply.
There are no meter connection or metering arrangements in place at your property.
You fail a credit check after accepting a Contract with us.
Where one of the scenarios described above applies and is resolved, we will seek to become your registered supplier within 17 days of the date of resolution.
When necessary, you will help us become registered as your supplier including arranging for any transfer objections to be lifted, if we request you to do so.
You will not seek to extend your existing Contract with your current supplier or enter into a new Contract with another supplier whilst you are seeking to have us registered as your supplier.
If we are delayed in registering as your supplier, we will not be liable for any loss you suffer as a result.
We shall provide the supply to the supply point at each Premises with effect from the Supply Start Date on and subject to the terms of this Contract and in accordance with regulations from time to time made under the Acts.
This Contract shall continue for the fixed term and shall be subject to these Terms and Conditions.
G. Charges, Bills and Statements
We will send you an invoice or statement for each billing period. Your invoices or statements will include details of:
What we have charged you.
Payments you’ve made to us.
Credits we may have applied to your account.
Any payments you should make to us.
We can change how often we send you invoices and statements by writing to you in advance.
Our prices for supply for each Premises are set out as follows:
for Fixed Term Contracts your Contractconfirmation letter.
for Out of Contract rates, the Statement of Renewal Terms and / or the website.
for Deemed Contracts the website and / or you can contact us.
If you owed us any money before the date your Contractstarted (for any of your addresses we supply, including for a deemed Premises) you will still be liable for this under the terms of this Contract. We have the right to offset any debit or credit balances.
If your meter also supplies other Premises and/or meter(s) that you do not own or use, you will be responsible for paying us for all the gas or electricity (or both) that is used, including associated daily charges, at the other Premises and/or meter(s).
You will be responsible for paying for the gas or electricity (or both) that is used at your Premisesunless a tenant or occupier, whom we have verified, has taken over responsibility for the supply. You must tell us if a tenant or occupier moves into, or out of, a Premises and send us details of the tenant or occupier and Meter readings that we reasonably request. Where Meter readings are not provided, we will work off reasonable consumption estimates.
If your account is in credit you agree that we may use this credit to offset any debt relating to an alternative supply.
We have the right to charge you for extra services you ask for. A list of our additional services and associated costs is available on our website.
If Meter reading or Consumption Data is unavailable, or in our reasonable opinion inaccurate, we may need to base your bill on our reasonable estimate. You must pay this invoice. For the avoidance of doubt, the contract prices agreed are based on current industry data (including profile class of meter) that has been provided to us. If this data is found to be inaccurate, incorrect or changes then we reserve the right to vary the prices either up or down. If this is the case HUB energy will notify you in writing.
If you do not agree with an invoice or statement you should contact us immediately via our website or by calling the number on your invoice or statement. If you dispute any invoice or statement this will not entitle you to withhold payment of any or the entire invoice.
If your Direct Debit doesn’t meet a payment because you don’t have enough funds available, we may:
Move you onto a non-Direct Debit rate(s), where the rates are likely to be higher.
Require you to pay failed Direct Debit charges, which are available on our website.
Request a Security Deposit or payment in advance.
We may also instruct a 3rd party to collect any overdue invoices/charges.
If you cancel the Direct Debit instruction and we receive this notification through our banking provider, we may:
Require you to pay a Failed DD Charge; and / or
move you onto a non-Direct Debit tariff, where the rates are likely to be higher; and / or
Request a Security Deposit.
We may also instruct a 3rd party to collect any overdue invoices/charges.
You must make alternative arrangements to pay any outstanding balance on your account.
H. Back Billing
Where it is brought to our attention that there has been, or continues to be, a part of undercharging for the consumption of Energy at the Premises (known as back billing) and the undercharging is not your fault, HUB energy shall limit the period of billing to the previous 12-month period from which the amended invoice or statement was generated. We request your full co-operation at all times to ensure your invoices are accurate, including co-operating with our requests for meter readings as and when required.
I. Specific situations when we can change your pricing
We can change your pricing if the information we based it on changes. These changes can include, but are not limited to where:
You move, add or remove Premises.
Changes to your supply affect your capacity charges, excess capacity charges and/or reactive power charges.
You change your payment method.
You make changes to your supply.
We find that the information you or your Authorised Representative gave us is incorrect, false or incomplete.
You asked us to supply more than one Premises, but we haven’t been able to transfer all of them.
It is specifically provided for elsewhere in these Terms and Conditions or any documents referred to within these Terms and Conditions.
If you are Out of Contract, or subject to a Deemed Rate Contract, and there are significant changes in wholesale market Energy and/or new or other costs of gas and electricity respectively or in the event of significant increases in charges for transmission, distribution or metering services.
J. Additional Charges
We can apply additional charges if:
You change the design features of your connection.
Your Premises are not ready for a meter to be installed when we make an arranged visit.
Your bank fails to honour your Direct Debit.
Your bank refuses to honour your cheque payment.
The standard rate of VAT for Energy changes and the new rate needs to be reflected in your pricing.
If your business is entitled to receive the supply at the reduced rate of VAT, you must provide us with a valid VAT declaration form to evidence your entitlement to the reduced rate of VAT. We do not accept VAT declaration forms signed by Third Party Intermediaries even if there is a valid Letter of Authority.
CCL will be charged at the applicable rate. HUB energy will not be responsible should there be an over or undercharging of CCL and/or the applicable VAT rate; if and where this has been as a result of information you provide to us.
We may charge you our reasonable costs:
If you damage or tamper with the meter on your Premises.
If you abort an installation or obstruct a communications signal from a Smart Meter, Advanced Meter or half-hourly meter.
Of stopping, disconnecting or reconnecting your supply.
Additionally, HUB energy reserves the right to pass on any direct or indirect costs associated with recovering monies owed under the Terms and Conditions of your agreement. This includes but may not be limited to:
Reconnecting supply where a reconnection is conditional to payment of a disconnection and / or reconnection charge.
Transportation and distribution costs if these aren’t included in the supply prices.
Meter charges i.e. reading the meter on a more frequent basis than required.
Where you have failed to attend an agreed appointment with us, or one of our appointed agents, and there are costs associated with such an appointment.
Reasonable costs associated with breaching any Terms and Conditions of your agreement.
Reasonable costs of transferring a Premises back to the previous supplier, where you no longer own or use the premise(s) that we have Contracted with for the supply of
Resending documents or correspondence, which we have already provided or made available to you.
Associated costs of reclaiming any and all monies owed to us and outstanding as a result of the supply of Energy to the premise(s); including administration costs or costs associated with visits to the Premises to reclaim monies owed.
K. Security Deposits and Cover
We shall be entitled to demand that you pay a Security Deposit of such amount as we deem reasonable over the fixed term. Payment of the Security Deposit and the return of the associated signed documentation shall be provided to us within ten (10) days of such demand.
If we believe that your payment history or credit status changes adversely, we may require you to provide or increase any existing Security Deposit. The need for this will be notified to you in writing and shall specify the requirements acceptable to us. The notice will also specify the timing of the requirements and failure to comply shall be treated by us as a Material Breach of this Contract.
Once we verify that you are no longer responsible for the Premises or you have transferred to another energy supplier, we will return any Security Deposit to you after deducting any outstanding balance.
We will not pay you interest on any sums provided as a Security Deposit.
L. Payment Terms
All payments due to be made by you to us under Fixed Term Contracts shall be detailed to you as part of the switching process and be detailed in your Welcome Pack. HUB energy offer Direct Debit, BACS transfer and Cheque options, dependant on the tariff type.
Monthly invoices shall be based upon actual monthly (periodic) usage where available. In the absence of actual usage, we will estimate your usage at a rate we reasonably determine. We shall invoice each month those sums to be charged.
Direct Debit payments shall be taken 10 calendar days after the issue of an invoice.
Payments by BACS or electronic bank transfers should be paid to:
Account name - Gas and Power Limited
Account number – 93426882
Sort code - 20-32-48
BACS payments should be received by HUB energy with 10 calendar days of the issue of an invoice.
Cheques should be made payable to HUB energy and sent to 3B Edward VII Quay, Navigation Way, Preston PR2 2YF. Cheques should be received within 10 calendar days of the date of invoice.
No other transfer of funds will be permissible unless agreed by us in advance. Charges under this Contract are subject to VAT, Climate Change Levy and any other tax, levy, duty or charge. You shall pay to us on the production of the appropriate tax invoice, or other certificate, the amount of any United Kingdom tax, duty or impost on gas or electricity on the processing, sale or supply of gas or electricity which is payable by us in respect of the gas or electricity.
Where you pay by Direct Debit: should the Direct Debit instruction not be honoured by your bank, we reserve the right to charge you a Failed DD Charge on each occasion that your Direct Debit payment request fails.
If your Direct Debit is cancelled, we reserve the right to increase the Contract price to the then default rate. The prevailing default rate will be provided by us with specific Contract details and we reserve the right to charge you at that rate, as amended, until the end of the month during which the direct debit is reinstated (with a successful collection made against it) or, at our discretion, a further calendar month thereafter.
If your Direct Debit is cancelled and results in the late payment of an invoice, we may also charge you a Late Payment Fee.
Where you pay by BACS or electronic bank transfer: should the payment not be received by us and results in the non-payment of an invoice, we reserve the right to charge you a Late Payment Fee.
Where you pay by Cheque: should the cheque not be in receipt by the due date and / or the cheque value is not honoured by your bank we reserve the right to charge you a Late Payment Fee.
Where an invoice has been subject to an estimate and your actual consumption of gas or electricity for the relevant period at the applicable rate plus any other amounts payable by you for that period either exceeds or is less than the amount estimated for that period, a reconciliation amount shall be calculated by us from time to time (but not less than once in every 12 months).
If payment is not received by us by the due date, then without prejudice to any other rights or remedies that we may have, we shall from the due date, until payment, be entitled to charge interest at the rate of 8% above the Bank of England base rate on overdue amounts from the due date until payment or under the late payment of Commercial Debts (Interest) act 1998, as amended.
If payment is not received by us in accordance with these Terms and Conditions and/or there is a breach of any agreement between us then we may cause supply to be discontinued, isolated, or altered either temporarily or permanently by whatever means available, at our discretion.
M. Changes to your Premises
If you want to add Premisesto your Contract you need to call us to get a quote.
We may offer you a new quote for the Premises or add this to your current Contract at our discretion.
All the Terms and Conditions will apply to this new quote and new Premises.
You should, wherever possible, give us no less than 30 days’ notice of any changes in the use of the premise, which would reasonably be expected to affect the consumption of Energy. Failure to notify us of changes of use at the Premisesmay lead to additional charges.
N. Moving in or out of Premises
If you are moving out of the Premises, or there is a change in the tenancy arrangements at the premise (for part or the full remaining term of the Contract), you need to:
give us a Meter reading on the day you move out. If a Meter reading(s) is not provided, we will apply suitable Meter reading(s) and these will be the basis for our calculations.
tell us who will be responsible for the Premisesin the future.
tell us where to send your invoice. If you are a sole trader and have given us your home address, we may use that address to contact you about paying your final invoice.
If we have reasonable grounds to believe that you, your officers or directors still have responsibility for the Premises despite telling us that you’ve moved out, we may request additional evidence from you. If you are unable to provide that evidence within a reasonable amount of time, we will assume that you are still responsible for the Premises and this Contract will continue.
In respect of the above, if we reasonably believe you have acted Fraudulently, we may move you to our Out of Contract Prices and take any other action we deem necessary including, but not limited to:
requiring a Security Deposit (see section K).
changing your payment terms.
changing your meter to a meter we deem appropriate and necessary.
de-energising your Energy supply – in some cases remotely through your meter.
O. Contract Termination / Cancellation and Switching to another supplier
Your Contract begins from the date it is agreed and continues until the End Date or when we stop supplying you. You will be liable for the Energy charges at the Premises under the Contract until we cease to be your Energy We will be able to recover those sums owed to us for Energy or costs incurred while the Contract was in place.
The Contract will not cease before the end of the fixed term except when:
You vacate the Premises and you have provided us with legitimate details of the owner, occupier or person responsible for the Premises including, where required, the provision of supporting evidential documentation. Without this information, we may continue to invoice you for all Energy supplied by us to the Premises until the end of the fixed term of the Contract(or any subsequent extension period) even if you cease to be the owner, tenant or occupier of the Premises.
You should, whenever possible, give us no less than 14 days’ notice of your ceasing to be the owner, tenant or occupier of the Premises. Failure to notify us of your vacating the Premises may lead to additional charges.
The Contract will end if we are no longer licensed to supply Energy or we no longer fulfil those industry agreements that are necessary for us to be able to supply Energy or because a supplier of last resort direction in respect of the Premises supplied under this Contract is awarded to another supplier. In the event of a Material Breach of the Contract by either party, the other may end the Contract by giving written notice. Such notice comes into effect immediately if the party in breach has failed to remedy the breach within a reasonable period of being asked to do so by the other party, where the reasonable period is not less than 7 days nor greater than 21 days from the date of the notification to the party in breach, depending upon the nature of the breach.
Other than as described in the terms of this Contract, you may not end your Contract with us (or, if we supply several Premises with Energy under that Contract, end the Contract for any individual Premises) before the end of the fixed Contract period or the 30-day notice period needed to end the Contract.
If you have any credit left on your account after we have issued your final invoice, this will be refunded back to your nominated account within 14 working days.
If you are on either the Fixed Term Contract or Out of Contract rates, we may delay you switching to another supplier if:
The transfer date is before the End Date of the Fixed Term Contract you’ve agreed.
The transfer date is less than 30 days from the date you told us you wanted to end your Contract.
You have an outstanding balance on your account.
The new supplier has told us that there’s been a change of tenancy at the Premises, but we have reasonable grounds to believe this is not the case.
You ask us to stop the transfer.
The new supplier attempts to register an electricity Meter point(s) and has not applied to transfer all the related Meter point(s) on the same working day for the same supply Start Date.
We can cancel your transfer to us if:
We haven’t managed to transfer your Premisesfrom your existing supplier(s) for reasons outside of our control; or,
Any transfer of your Meter point(s) is not completed by the fourth time we attempt to register a Meter point(s); or,
We have requested a Security Deposit and you have not paid it within 10 days or signed the relevant documentation, starting from the date you entered into the Contract with us or by the date mentioned in any correspondence sent to you in relation to a Security Deposit, whichever is earliest; or,
You or a third-party intermediary provide us with false, incomplete and / or inaccurate information; or,
You agree to a Contract through a third-party intermediary and that Contract fails our Validation Checks.
We can cancel your Contract and charge you Out of Contract Prices if:
Your actions (or failure to act on reasonable request) cause us (or are likely to cause us) to be in breach of our supply licence(s) or any other applicable legislation.
You materially breach the terms of your Contract(including, but not limited to, stealing Energy, or deliberately damaging our or the Network Operators’ equipment).
We reasonably believe that you’ve acted Fraudulentlyin claiming you are or will no longer be responsible for Energy used at the Premises.
Any insolvency, voluntary arrangement for the benefit of creditors, receiver, administrator, administrative receiver or bankruptcy order will lead to immediate termination of the Contract. However, at our discretion and in certain circumstances we may continue to supply the Premises under the terms of the Contract.
If your transfer is delayed, or we cancel your Contract, for any of the above reasons, we will not be liable for any costs that you incur.
P. Statement of Renewal
Fixed-term Contract will end on the last day of the Fixed Term Contract (the End Date) this date is provided in:
The Contract offer documents issued to you at sign up.
Your My HUB account.
Your Welcome Pack.
No later than 60 days before the End Date we will send to you a Renewal Letter which will include the charges you will pay after the End Date.
The Renewal Letter will include your Statement of Renewal Terms and will confirm the termination process, the latest date by which we must receive your termination notice (the Notice Date) and details about how you can submit a termination notice.
If you do not wish for the Contract to be extended past the End Date you must provide a termination notice (at any time) prior to the Notice Date.
You can send your termination notice in writing to: 3B Edward VII Quay, Navigation Way, Preston PR2 2YF or you can submit it by email at [email protected]
Where you submit a termination notice, but you do not enter into a new Contract with HUB energy or a new supplier within 24 hours of the End Date, we will continue to supply you on these conditions but subject to our Out of Contract rates until your transfer has occurred.
Q. Tracking your Energy Usage
The gas or electricity supplied by us shall be measured by a meter and the reading shown on the meter shall evidence the volume of gas and/or electricity consumed under this Contract, unless the meter is found to be registering erroneously to a degree exceeding that permitted by relevant regulation. We do not guarantee the accuracy of any data provided to you and we will not accept liability for inaccuracy of any data. In addition to Meter readings, we will use standard industry methods to measure your Energy usage.
Where you have a half-hourly settled meter, in most cases we may be able to receive your Energy usage from the previous day, in half-hourly intervals. We will also try to gain a reading if prices change or you switch to an alternative tariff.
If there is no access to remotely read the meter, we require the submission of a Meter reading. If we cannot obtain a Meter reading and you do not provide a reading manually, we will estimate your usage. We will endeavour to gain an actual Meter reading from your meter(s) no less than annually.
You shall remain responsible for your equipment and shall ensure that it is maintained in good working order. You shall not interfere with the meter and have an obligation to notify us immediately if there is any concern over the operation or functioning of the meter or surrounding equipment.
R. Meter Operator, Data Collector and Data Aggregator
In respect of all half-hourly electricity Meter Points, you shall have:
an agreement in place with a Meter Operator for Metering Equipment provision and maintenance.
an agreement in place with a Data Collector for the collation of data from the Metering Equipment.
You shall not have more than one Meter Operator, Data Collector or Data Aggregator at any one time to perform the relevant agent service for each Meter Point.
In all cases, you shall:
give us at least 30 days notice before the appointment of your Meter Operator or Data Collector is due to take effect; and
be liable for all costs and liabilities incurred by us as a result of such appointment.
We may reject or delay the appointment of a Meter Operator or Data Collector of your choice where we have reasonable grounds to do so.
If you do not have an agreement in place with a Meter Operator or Data Collector for your half-hourly electricity Meter Points, we shall appoint a Meter Operator and Data Collector of our choice.
Where we appoint a Meter Operator or Data Collector you shall be liable for all costs and liabilities incurred by us as a result of such appointment.
All Meter Operators, Data Collectors and Data Aggregators must be Qualified and you shall ensure that they operate at all times in accordance with Good Industry Practice.
You shall indemnify HUB energy against any and all liabilities, losses, costs, expenses and damages suffered or incurred by HUB energy arising out of or in connection with any failure by any suitably Qualified subcontractors appointed or nominated by you, or your appointed representative to operate in accordance with Good Industry Practice.
If your Meter Operator or Data Collector ceases to be Qualified we will appoint a replacement and recover from you all costs incurred.
S. Tolerance Volumes
Prior to entering into this Contract, you have agreed with us your Nominated Consumption as shown on the Offer to Contract.
For electricity only, where your actual consumption for the contract term is greater than 120% of your Nominated Consumption (the “Upper Tolerance” and/or “UT”) and the average System Buy Price for the agreed supply period is greater than the Energy-Only Element of the Charges, we may charge you an Electricity Excess Consumption Charge in respect of the difference between the Nominated Consumption and your actual consumption at those Premises during the contract term.
For electricity only, where your actual consumption for the contract term is less than 80% of your Nominated Consumption (the “Lower Tolerance” and/or “LT”), and the average System Sell Price for the contract term is less than the Energy-Only Element of the Charges, we may charge you an Electricity Under Consumption Charge in respect of the difference between your actual consumption and the Nominated Consumption at those Premises during the contract term.
For gas only, where your actual consumption for a Contract Year/part-Contract Year at the Premises is greater than 120% of the Nominated Consumption or the pro-rata amount of the Nominated Consumption as applicable (the “Upper Tolerance” and/or “UT”) and the average System Marginal Buy Price for that Contract Year/part-Contract Year is greater than the Energy-Only Element of the Charges, we may charge you a Gas Excess Consumption Charge in respect of the difference between the Nominated Consumption and your actual consumption at those Premises during the contract term.
For gas only, where your actual consumption for the contract term is less than 80% of your Nominated Consumption (the “Lower Tolerance” and/or “LT”), and the average System Marginal Sell Price for that contract term is less than the Energy-Only Element of the Charges, we may charge you an Gas Under Consumption Charge in respect of the difference between your actual consumption and the Nominated Consumption at the Premises during that Contract Year.
T. Confidentiality and Data Protection
In order to service your account, we may use personal data to contact you by various methods, including electronic communications such as e-mail, text and where applicable messages through your Smart Meter or Advanced Meter.
Unless required by law or other regulatory requirements; neither party shall disclose to any third party or make use of any confidential information that has come into its possession during this Contract, without the prior written consent of the other party nor shall it disclose to any third party anything contained in this Contract. For the purpose of this Contract, confidential information shall include – without limitation – any details about your individual EnergyContract with us but may also include, as applicable, any and all information that relates to the business affairs, strategic, tactical and financial plans, products, developments, trade secrets, know-how, clients and personnel of a party which is disclosed (in any form) by one party to the other party whether or not marked “Confidential” or which may reasonably be regarded as being confidential.
This restriction shall continue to apply unless and until such information comes properly into the public domain through no fault of either party.
The confidentiality obligations of this condition continue notwithstanding any termination of this agreement.
You are entitled to know what personal information is held by us about you at any time, you may request this by writing to us at the relevant notification address.
In summary, we collect and store your data for the purposes of fulfilling the agreement (whether fixed or deemed) between us and maintaining your gas and/or electricity account. We may use such information for the following purposes:
for identification, so that we can ascertain that we are speaking to the correct person.
in order to supply you with Energy.
for the creation and management of your account with us.
to improve our service to you.
for the purpose of debt collection (including Credit Checks for this purpose).
in order to prevent or detect fraud, damage or loss.
for training and monitoring purposes, including keeping a record of any telephone conversations between us and correspondence with you.
in order to carry out risk assessments.
for the purpose of computer testing.
for the analysis of customer data, market research and marketing (save where you have selected to opt-out from us contacting you for marketing purposes).
for the purpose of identifying and reporting potential or actual cases of theft of electricity and/or gas.
the purpose of seeking to assist you with the repayment of any arrears including via independent debt advice. We may share information concerning the conduct of your account with credit reference agencies, fraud detection agencies and with other financial institutions, in order to ascertain that you are able to continue paying for Energysupplied to you by us, to prevent any fraud, to locate debtors and to assess whether to offer you new products and services.
We will take reasonable steps to keep supplying the customer, but we cannot guarantee an uninterrupted supply and we give no warrant or undertaking.
In this context, the gas we supply will be in accordance with regulations made under the Gas Act 1986 with regard to pressure, purity and uniformity.
The voltage of the electricity we supply may vary as allowed by the Electricity Supply Regulations 1988.
Our liability to you in connection with any failure to comply with our obligations under this Contract and/or any physical damage caused to your property (or your employees’ property) shall be limited to the total charges paid by you to us in respect of the supply of either gas or electricity (depending on which Energy supply gives rise to the liability in question) during the lifetime of the Contract term in which the liability arose. For the avoidance of any doubt, we do not seek to limit or exclude our liability for (i) death or personal injury caused as a result of our negligence, or (ii) our Fraudulent misrepresentation.
To the fullest extent permitted by law we shall not, in any event, be liable for any loss of profits and/or anticipated profits, any economic loss or any indirect, special or consequential damages, howsoever arising, in connection with this Contract and shall not be liable for any other damages in connection with this agreement or its termination, or your agreement with your previous supplier or subsequent supplier, except (in all cases) as provided herein.
In the event that a Network Operator is liable for any loss or damage then our liability to you shall be strictly limited to such amount as we are able to recover from such network provider.
We shall have no liability to you in respect of any loss or damage, which arises as a result of your failure to meet your obligations hereunder.
We shall have no liability to you in the event that our performance of any of our obligations under this Contract is prevented or hindered due to any circumstances outside our control.
This Contract contains all the terms agreed by the parties relating to the subject matter of this Contract. No variation or amendment to the Contract shall be effective unless agreed in writing by us, as notified to you. These Terms and Conditions are subject to any changes made from time to time to the Acts, any other primary legislation, secondary legislation, or any law, regulation and industry agreements, standards, codes or licence conditions. We will notify you of the necessary changes and their effective date.
All communication that you send to us under this Contract must be delivered in person, by first-class mail to the relevant notification address.
You will not assign, novate or transfer your rights or obligations under this Contract without our prior written consent. We may sub-contract, assign, transfer or novate any (or all) of our rights or obligations under this Contract at any time without notice to you. In the event that we transfer our obligations under this Contract to another third party, you hereby give us permission to transfer your personal information to such entity.
A waiver of any breach will only be valid if it is confirmed in writing by the parties and any waiver is without prejudice to any other or future breach. The remedies available to the parties under this Contract shall be without prejudice to any other rights, either at common law or under statute, which either may have against the other.
The invalidity or unenforceability of any term of, or any right arising pursuant to the Contract shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or unenforceable term or right did not exist.
The construction, validity and performance of the Contract shall be governed by the law of England. The Contract shall be subject to the sole jurisdiction of the English Courts.
In the event that any dispute or difference arises between us (including any dispute concerning the construction, meaning or effect of these Terms and Conditions) or any other matter arising out of or in connection with the Contract, you and we shall, in the first instance, make reasonable endeavours to resolve such dispute via good faith negotiations, failing which both parties shall attempt to resolve the dispute by an Alternative Dispute Resolution technique recommended by the Centre for Dispute Resolution. In the event that the dispute cannot be resolved in accordance with the foregoing, either party may pursue the resolution of such dispute via the courts. The parties submit to the exclusive jurisdiction of English courts.
If there is concern or notice of a gas leak, it is advised that you should immediately contact National Grid on 0800 111 999
If you have any welfare concerns relating to a power cut, or are worried about the safety of over or underground electricity cables or substations, it is advised that you call 105 or visit com
Microbusiness Consumer Contract- for the purposes of sales, renewals, Contractual information, supplier transfers and billing, we treat all small and medium enterprises serviced by our business Energy team as microbusinesses. If you are not a microbusiness the Energy Ombudsman may not handle any dispute between us and you will not be entitled to a payment where we miss an appointment which falls under the standards of performance regulations.
Letters of Authority
Your Contract and the details thereof will not be discussed with a third-party intermediary unless we have a valid Letter of Authority from you to do so. Where you provide a third-party intermediary with a valid Letter of Authority, we shall provide them with the information specified in the Letter of Authority.
We do not accept VATdeclaration forms, Direct Debit mandates and / or CCL exemption forms signed by Third Party Intermediaries even if there is a valid Letter of Authority.
Advanced Meter: A specific type of meter that we can communicate with which will record and send us your Meter readings remotely.
AQ: Annual Quantity. This is the amount of gas you consume in a year, measured in kilowatt-hours (kWh).
Authorised Representative: A person who has authority to act on your behalf including, but not limited to, a person in a position of authority in your organisation, a third-party intermediary, broker, consultant or managing agent.
Climate Change Levy (CCL): A tax on business electricity and gas supplies introduced in the Finance Act 2000.
Consumption Data: the data we receive which measures your usage over a period of time.
Contract: Except where this a Deemed Contract, the Contract between you and us is made up of: these Terms and Conditions, the detail within your Contract Letter and statement of renewal.
Contract Letter: A letter and / or electronic communication sent to a customer who is being offered a Contract. The Contract Letter confirms the prices and details of the tariff you are being offered. There will also be a statement of renewal included.
Data Aggregator: for electricity only, appointed to carry out the aggregation if metering data received from the Data Collector.
Data Collector: a company or organisation appointed to provide data retrieval and/or data processing services.
Deemed Contract: where we supply Energy to Premises without there being an agreed Contract between you and us, that supply is taken under a Deemed Contract in accordance with legislation. Where there is a Deemed Contract, the Contract between you and us is made up of these Terms and Conditions and our deemed prices as explained in section B. Deemed Contracts are supported by the following Acts; Schedule 2B Paragraph 8 of the Gas Act 1986 and Schedule 6 Paragraph 3 of the Electricity Act 1989.
De-energise / De-energised: Where supply to a meter is interrupted so that Energy cannot flow from the network to the Premises.
EAC: Estimated Annual Consumption - This is an estimate of how much electricity you will use each year, measured in kilowatt-hours (kWh).
Electricity Excess Consumption Charge: calculated as EECC = (SBP – EOE) * (AC – NC) Where: EECC is the Electricity Excess Consumption Charge; SBP is the average System Buy Price for the agreed supply period; EOE is the Energy-Only Element; AC is the actual consumption during the agreed supply period; and NC is the Nominated Consumption.
Electricity Under Consumption Charge: calculated as EUCC = (EOE – SSP) * (NC - AC) Where: EUCC is the Electricity Under Consumption Charge; EOE is the Energy-Only Element; SSP is the average System Sell Price for the agreed supply period; NC is the Nominated Consumption; and AC is the actual consumption during the agreed supply period.
End Date: The last date on which the current charges and / or pricing mechanism is applicable. The End Date is shown in your Contract Letter and for Fixed Term Contracts on bills.
Energy: Electricity and / or gas as appropriate.
Energy-Only Element: the energy-only element of the Contract Price, being the demand weighted rates for Energy. The Energy-Only Element can be provided to you upon request.
Failed DD Charge: A Charge payable if your Direct Debit instruction is not honoured by your bank. For information about the value of the Failed Direct Debit Fee, please see the Our Additional Charges section of our website.
Fixed Term Contract: A Contract where the prices we charge for the supply of Energy are fixed for a period of time.
Fraudulent / Fraudulently: Including but not limited to, any deliberate act or omission by you that results in incorrect, false or incomplete information being provided to us is intended to deceive in any way.
Gas Excess Consumption Charge: calculated as GECC = (SMBP – EOE) * (AC – NC) Where: GECC is the Gas Excess Consumption Charge; SMBP is the average System Marginal Buy Price for the relevant Contract Year; EOE is the Energy-Only Element; AC is the actual consumption during the relevant Contract Year/part-Contract Year; and NC is the Nominated Consumption.
Gas Under Consumption Charge: calculated as GUCC = (EOE – SMSP) * (NC- AC) Where: GUCC is the Gas Under Consumption Charge; EOE is the Energy-Only Element; SMSP is the average System Marginal Sell Price for the relevant Contract Year; NC is the Nominated Consumption; and AC is the actual consumption during the relevant Contract Year/part-Contract Year.
Large Business Customer: any customer falling outside of the scope of the “Micro Business” definition, as set out by the electricity and gas market regulator, Ofgem.
Late Payment Fee: A fee payable for the non-payment of an invoice. For information about the value of the Late Payment Fee, please see the Our Additional Charges section of our website.
Letter of Authority (LOA): A letter signed by a person in a position of authority in your organisation or, where a third-party intermediary has entered into an agreement with us, a verbal recording by you which meets our requirements (available on request) that grants authority for a Third-Party intermediary to act on your behalf in relation to this Contract and / or your Energy supply and which has been accepted by us.
Lower Tolerance / LT: as defined at Section S.1.b
Material Breach(es) / Materially Breached: A breach serious enough to destroy the value of the Contract and give a basis for an action for breach of Contract.
Meter Operator: a person appointed to provide, install, maintain or administer the Meter Points.
Meter point(s): The point at which Energy is metered prior to supply to your Premises and at which ownership and risk in that Energy passes to you. There may be more than one Meter point(s) at each Premises.
Meter reading: A measurement in units of Energy, recorded on a meter used to calculate consumption over time.
Metering Equipment: any equipment which, whether directly or indirectly, has an effect in the recording of consumption at a singular Meter Point (giving the ability to use such information in billing and settlement).
MPAN: means the meter point administration number given to each electricity meter.
MPRN: means the meter point reference number given to each gas meter.
Network Operator: means the company licensed to operate the electricity distribution network in your area.
Nominated Consumption: the value shown on the contract offer as kWh per annum.
Notice Date: The date by which you must tell us that you want to switch supplier at the end of your Fixed Term Contract and avoid being moved to our Out of Contract Prices.
Out of Contract Prices: The prices we charge after a Fixed-term has ended by you or us and no new Contract has been agreed and we continue to supply the Premises. These Terms and Conditions will continue to apply.
Premises: The location or locations which you are responsible for where we supply the services.
Qualified: for electricity, as defined in the Balancing and Settlement Code, and in respect of Meter Operators, also being a signatory to the Meter Operators Code of Practice Agreement. For gas, registered and approved under the Ofgem Meter Asset Managers Registration Scheme.
Renewal Letter: we will send you a renewal offer letter and a statement of renewal - to propose pricing and other commercial Terms and Conditions to you after the End Date of your Fixed Term Contract.
Security Deposit: A sum of money paid to us, which forms part of your commercial terms. Security Deposits are paid back when certain conditions have been satisfied or used to offset any debit balances.
Smart Meter / Smart Metering: Smart Metering is a service using specialist equipment installed onsite, through which we can take reads and Consumption Data from your meter remotely without visiting your Premises and, in many cases, switch your Energy supply on or off remotely.
Standing Charge: the daily charge that you must pay us to keep the Premises connected to the gas or electricity supply, however much gas or electricity you use.
Start Date: the day on which the supply of Energy to your Premises is proposed to commence specific to the Contract and tariff you agree with us.
Statement of Renewal: means a written statement explaining the process for Contract renewal and termination. We will send you the statement when you enter into a Contract, when your Contract is extended and, if you have not indicated your intention to terminate the Contract, when we send you a renewal reminder.
System Buy Price: as defined in the Balancing and Settlement Code arrangements, a component of the British Electricity Trading & Transmission Arrangements which specify the system and method of sale, purchase and transmission of wholesale electricity. The System Buy Prices for each half-hour are published at bmreports.com
System Marginal Buy Price: is the System Marginal Buy Price, as calculated and published by National Grid in respect of each Gas Day.
System Marginal Sell Price: is the System Marginal Sell Price, as calculated and published by National Grid in respect of each Gas Day.
System Sell Price: as defined in the Balancing & Settlement Code arrangements, a component of the British Electricity Trading & Transmission Arrangements which specify the system and method of sale, purchase and transmission of wholesale electricity. The System Sell Prices for each half-hour are published at bmreports.com
Third-Party Intermediary (TPI or Start Date): An Energy broker or Energy consultant who provides price comparison, EnergyContract advice and in some instances utility management to businesses. In most instances, the costs of services provided by Third Party Intermediaries will be recovered in your Energy rates. Your broker will be able to provide you with details of the costs for their services that have been included in your Energy rates. Speak to your third-party intermediary for more details where applicable.
Upper Tolerance / UT: as defined at section S.1.a
Validation Checks: these include checking that the third-party intermediary has: 1) provided you and / or us with correct and complete information, 2) followed the procedures we require; and / or 3) ensured that the Contract has been completed in a transparent and compliant manner.
VAT – Value added tax as described in the Value Added Tax Act 1994.