EcoFlex Tariff and Application Terms and Conditions

2.1.1 have installed at your Property both an Import and Export Smart Meter capable of recording and transmitting half-hourly usage data to Us.

2.1.2 have an Android or iOS smart mobile telephone.

2.1.3 install the EcoFlex Application and set up an account in accordance with the on-screen instructions

2.1.4 own a compatible Unit as specified on Our website that can be found at ecotricity.co.uk/ecoflex that is installed at your Property

2.1.5 Provide evidence of ownership of your Unit that We will request that may include but is not limited to;

(a) for a battery;

I. a copy of the invoice for purchase of the battery

II. Signed Property transfer deed (known as a TR1)

III. Electrical Installation Certificate

IV. copy of the signed contract for purchase of the battery

(b) for solar PV panels;

I. copy of the invoice for purchase of the solar panels

II. signed Property transfer deed (known as a TR1)

III. MCS Certificate

IV. Flexi-Orb installation certificate

V. G98/G99 form You received from the DNO

VI. copy of signed contract for purchase of the solar PV panels

We reserve the right to request any further documentation for the Unit from You

2.1.6 If you do not own your Unit you must provide;

(a) a copy of your lease agreement

(b) written consent from the owner of the Unit that you are authorised to receive Export Payments

(c) add the owner of the Unit as a secondary account holder on the EcoFlex Application by following the on-screen instructions.

2.1.7 the Unit has an installed capacity of no less than 5kWh

2.1.8 the Unit is MCS accredited

2.1.9 the electricity generated by the Unit is measured by an Approved Meter and the electricity exported is measured by an Approved Export Meter

2.1.10 have a Smart Meter compliant with the metering legislation with a dedicated export MPAN registered under the Balancing and Settlement Code

2.1.11 have a battery that communicates with Us and that connects to Wifi

2.1.12 consent to us taking half-hourly Meter Reading data from your Import Meter and Export Meter

2.1.13 you are not registered for any FIT scheme export payments;

2.1.14 you are not registered for, nor are you receiving, Renewable Obligation Certificates for the Unit;

2.1.15 you do not sell electricity generated or stored by the Unit through the Non-Fossil Fuel Obligation or Scottish Renewables Obligation.

2.1.16 you have not received any public grants that would make you ineligible to receive Export Payments; and

2.1.17 you are not (or will not be, when you switch to us) in receipt of Export Payments from any other energy supplier.

2.1.18 confirm that You are not using the Unit in the course of business

2.1.19 own the Property that is subject EcoFlex Tariff and provide evidence in the form of a signed Property transfer deed (known as a TR1) together with proof of identification and address

2.1.20 pay for your energy by monthly variable direct debit.

2.1.21 If you stop paying by direct debit, we reserve the right to terminate your Ecoflex Tariff Import Agreement and switch you to a Default Tariff or another Tariff of your choice for which variable direct debit is not a requirement.

2.1.22 must ensure that You have obtained any permission that is needed from the local distribution network operator (the DNO) in relation to Exported Electricity from your Unit. You must comply with any requirements relating to ongoing use of the grid connection. You agree that you will provide us with evidence confirming the connection arrangements if we request it. Where we reasonably suspect that you are in breach of the DNO’s requirements, we reserve the right to terminate this Contract upon written notice with immediate effect.

2.1.23 We reserve the right to reject any application for the EcoFlex Tariff and Application if you do not satisfy the eligibility requirements in clause 2.

2.1.24 If you are unable to provide the documentation above, you will need to provide us with any information about your installation that we may request. We reserve the right to refuse you access to the EcoFlex Tariff and Application in circumstances where We haven’t been provided with sufficient information about the installation of the Unit or where We are not satisfied as to the safety, integrity or otherwise of the Unit.

2.2 If at any time;

2.2.1 when your EcoFlex Tariff with Ecotricity is effective you remove your Import Meter or Export Meter then you will no longer be eligible for the EcoFlex Tariff, and you will be converted to a Default Tariff

2.2.2 You no longer have a Smart Meter then you will no longer be eligible for the EcoFlex Application and Tariff, and you will be converted to a Default Tariff

2.2.3 You no longer satisfy the eligibility requirements at clause 2 we reserve the right to convert you to a Default Tariff

Credit Check

2.3 If you are a new customer, You must pass a credit check that shall be recorded on your credit file and may affect your credit score.

2.4 Your ongoing payment history with Us will also be reported to credit reference agencies.

2.5 Making payments on time could improve your credit score.

2.6 Missing or late payments could negatively affect your credit score.

2.7 On some occasions we may require a security deposit as a condition of Ecotricity supplying you.

3.2 If you decommission the Unit you will cease to be eligible to receive Export Payments. You must let us know within 10 working days of decommissioning the Unit.

3.3 If any part of the capacity of your Unit is rewired to connect to the Distribution Network through a different MPAN than the one originally allocated to the Unit, you must let us know in writing within 10 working days. This will affect your eligibility to receive Export Payments or the amount you’re entitled to receive.

3.4 If you no longer satisfy the eligibility criteria at clause 2 any point, then we reserve the right to move you to a Default Tariff

5.2 Before you are onboarded to the EcoFlex Tariff you will;

(a) remain on Your existing Tariff if you are an existing domestic customer in accordance with clause 6 below; or

(b) be placed on Our Default Tariff if you are a new domestic customer

6.2 If You are already an Ecotricity domestic customer, We must run test-reads of Your Import Meter and Export Meter and You will remain on Your existing Tariff during this period.

6.3 If the tests are successful, Your EcoFlex Tariff begins when the tests have completed and we will notify you by email that this has happened.

6.4 If the tests fail, We will transfer You to a Default Tariff, and contact You with options, for example, to switch back to Your previous supplier, choose another supplier, continue on the Default Tariff or choose one of Our other Tariffs.

7.2 From the Eligibility Date, you will not receive any discount to your Import Tariff that You may have previously received.

7.3 Once we have notified you of the date your EcoFlex Tariff will be in effect in accordance with clause 6.3 (the Start Date) and you will be subject to the EcoFlex Tariff for 12 months from the Start Date (the Term).

7.4 We will contact you before the expiry of the Term to discuss the options available to you.

8.2 We won’t make Export Payments:

(a) during any period when you’re not eligible; or

(b) in respect of Exported Electricity not generated by a Unit (including by standby generators).

8.3 You shall be solely responsible for the payment of any and all taxes (including but not limited to VAT) due in respect of any Export Payments made to you.

8.4 At all times we reserve the right to reduce, recover or withhold an Export Payment for any reason, including (but not limited to) error, abuse or where Ofgem direct us to do so. Where an error is discovered, we’ll take reasonable steps to correct this error at the earliest opportunity. We reserve the right to terminate this Contract immediately in the event we reasonably suspect or discover abuse.

8.5 In the event of an overpayment of Export Payments, you’ll be required to make a repayment. Repayments must be made within 14 days of a request from us for payment. If an Export Payment repayment is not received in full, or where you instruct us to do so and we agree, we may withhold or reduce future Export Payments until the overpayment has been recovered in full.

8.6 In the event of an underpayment of Export Payments, we’ll adjust future Export Payments in a timely manner. The timing of the adjustment is not a condition of the Contract and adjustments may be made across several bills. In some cases, we may also impose any additional applicable charges for other reasonable costs which will be added to your invoice. We will always make these costs clear to you during the sign-up process. These additional costs can include:

(a) costs related to removing, inspecting, installing, re-installing, testing, moving or repairing a meter;

(b) costs in recovering money you owe us including, but not limited to, reasonable administration costs, as well as the costs of trying to contact you and getting a warrant to enter the Property;

(c) any Exported Electricity that has attracted a payment through a FIT scheme or another export tariff supplied by another energy company;

(d) if you fail to keep an agreed appointment with us or our agents without giving us at least 48 (forty-eight) hours’ notice; and

(e) any other reasonable costs we incur – for example administration costs associated with validating a non-certified generation asset.

9.2 The Subscription Fee that you will be charged for the EcoFlex Application can be found on Our website ecotricity.co.uk/ecoflex. If you are an existing customer it will be confirmed in Your Change of Tariff Agreement and if you are a new customer, it will be confirmed in Your Welcome Pack

9.3 We may increase the Subscription Fee subject to providing you with at least ten days written notice (the Notice Period). If you do not agree with the increased price, you can request a switch to another energy supplier or to another Ecotricity Tariff within twenty working days of the expiry of the Notice Period and We will only charge you the previous Subscription Fee rate following the expiry of the Notice Period until You switch energy supplier or request to move to another Ecotricity Tariff.

9.4 You shall pay the Electricity Charges in relation to the EcoFlex Application and Tariff by variable direct debit. If you fail to pay the Electricity Charges by variable direct debit at any time, We reserve the right to move You to a Default Tariff.

9.5 The unit rate price per kilowatt hour (kWh) included in the Electricity Charges will change every half hour as it is based on changing wholesale market electricity prices for each half hour period. You will be able to view a predicted price for each half hour for each 12-hour period. Once the half hour of delivery has started your unit rate for that half hour will become fixed and will be visible in the EcoFlex Application.

9.6 The standing charge that is included in the Electricity Charges may change. We will notify You in writing of any change to the standing charge within a reasonable amount of time before it takes effect.

9.7 We will issue a bill to you at the end of each month. Your Export Payments will be credited on the same bill. If the net amount on your bill leaves a balance to be paid by You this will be taken by variable direct debit within 10 working days of the date you receive the invoice. If the net amount leaves a balance to be paid to You, this will show as a credit on Your online Ecotricity energy account. On your written request, We can transfer the credit to you via BACS. If We don’t have up-to-date and valid bank account details for you, we may not be able to make your Export Payments

9.8 Your bill will display an average export unit rate and import unit rate but will be calculated based on the Electricity Charges.

9.9 Your bill will be available on Your online Ecotricity account and will be sent by email to the email address You have provided to Us.

9.10 You must pay any debit balance on Your bill within 14 days of receipt.

9.11 You will not be charged any early termination fees if You decide to switch to another Tariff or energy supplier.

10.2 It is your responsibility to ensure that an Approved Export Meter is installed to measure the amount of Exported Electricity. If there is no Approved Export Meter installed, you won’t be entitled to receive an Export Payment.

10.3 At all times We reserve the right to reduce, recover or suspend an Export Payment for any reason where we consider that the Approved Export Meter data we have received is not accurate.

10.4 In the event of a technical fault that means we cannot obtain Your Approved Unit Meter or Approved Export Meter data, or where Your Approved Unit Meter or Approved Export Meter ceases communication with Our data systems, We will make reasonable efforts to re-request the missing Approved Unit Meter or Approved Export Meter data for a period of seven (7) consecutive days from the initial identification of the fault

10.5 If We remain unable to collect the missing data after the seven (7) day period, We will;

(a) automatically estimate the missing Approved Unit Meter or Approved Export Meter data using Your historic Approved Unit Meter or Approved Export Meter data

(b) calculate Your bill using;

I. historic Approved Unit Meter or Approved Export Meter data,

II. historic Import and Export rates based on wholesale energy market prices for the period that your Approved Unit Meter or Approved Export Meter does not communicate with Our data systems;

III. and any actual Approved Unit Meter or Approved Export Meter data available

(c) undertake an investigation remotely to identify and rectify the underlying cause of the communication failure

(d) make reasonable efforts to contact You throughout the investigation process to ensure transparency.

10.6 In some circumstances the installation of a Unit may cause your Import Meter to register your electricity consumption incorrectly. You agree to notify us immediately if your Import Meter is, or appears to be, running backwards or is in any way recording your usage incorrectly. You agree to allow our agents safe access to the Import Meter, and we reserve the right to pass through to you the reasonable costs of, inspecting, repairing or replacing your Import Meter in accordance with the Terms.

10.7 In the event We are unable to start communicating with Your Approved Unit Meter or Approved Export Meter again, we will contact you to discuss the options available. If We are unable to contact You, We will convert you to a Default Tariff.

10.8 If you;

(a) prevent your Import and/or Export Meter from transmitting data to us or;

(b) prevent us from rectifying any issue or fail to instruct a third party to rectify the issue

We shall be unable to pay you for the electricity you export until your Export Meter resumes transmission and you will be converted to Our Out of Contract Tariff for your Import Agreement and the Smart Export Fallback Tariff for Your Smart Export Agreement

13.2 If you do not want to proceed with the EcoFlex Tariff and Application contact our EcoFlex Team using the contact details set out on Our website or fill in the online form at https://www.ecotricity.co.uk/the-legal-stuff/cancelling-your-switch-request

13.3 If you do not want to move to the EcoFlex Tariff and comply with clause 13.2 above during the Cooling Off Period and you are;

(a) an existing customer you will revert back to your previous Ecotricity Tariff until you decide to transfer to another energy supplier or another Ecotricity Tariff; or

(b) a new customer you will need to request a transfer to another energy supplier or an alternative Ecotricity tariff

13.4 If you think there is something wrong with the EcoFlex Application, you must contact our EcoFlex Team using the contact details set out on Our website.

14.2 The EcoFlex Application operates automatically when you have set up Your account. You can override the automatic setting and operate the EcoFlex Application yourself, however this may result in Your battery not performing to its maximum efficiency and may cause you to be charged more for your electricity.

14.3 We accept no liability for any increase in Your Electricity Charges that result from your own operation of the EcoFlex Application

14.4 You will:

(a) use EcoFlex Application solely for:

I. the EcoFlex Tariff; and

II. lawful purposes;

(b) not resell, sub-license, or make available the EcoFlex Application, or permit the EcoFlex Application to be used by, any person other than you, or otherwise use the EcoFlex Application for commercial purposes; and

14.5 When accessing the EcoFlex Application, You will:

(a) not attempt to undermine the security or integrity of the EcoFlex Application;

(b) not intentionally use, or misuse, the EcoFlex Application in any way which may damage the functionality of the EcoFlex Application or prevent or hinder the ability of any other customer to use the EcoFlex Application; and

(c) not attempt to view, access or copy any material or data other than:

I. that which You are authorised to access; and

II. to the extent necessary for You to use the EcoFlex Application in accordance with the Terms; and

(d) not use EcoFlex Application in a manner, nor knowingly transmit, input or store any Data, that breaches any third-party right (including Intellectual Property Rights and privacy rights).

(e) not adapt, modify, duplicate, create derivative works from, disassemble, decompile or reverse engineer, reduce to human readable form, record or otherwise reproduce any part of the EcoFlex Application, in whole or in part, nor attempt to do any of the above, except if and to the extent permitted by any applicable laws;

(f) not alter or remove any copyright notices or other notices indicating the ownership by Gentrack UK Ltd of the EcoFlex Application;

(g) erase the EcoFlex Application from all hardware prior to disposing of or retiring the hardware from active use or in the event of termination of this Agreement; and

(h) notify Us as soon as You become aware of any unauthorised use of the EcoFlex Application by any person within Your reasonable control.

(a) to reflect changes in relevant laws and regulatory requirements;

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the EcoFlex Application; and

(c) to update digital content, provided that the digital content always matches the description of it that we provided to you before you entered into a contract for the EcoFlex Application. We might ask you to install these updates.

(a) deal with technical problems or make minor technical changes;

(b) update the EcoFlex Application to reflect changes in relevant laws and regulatory requirements; or

(c) make changes to the EcoFlex Application.

16.2 We will contact you in advance to tell you we're suspending supply of the EcoFlex Application, unless the problem is urgent. If we suspend your use of the EcoFlex Application for longer than seven days in any one-month period we adjust the price, so you don't pay for it while it's suspended.

16.3 If we suspend supply or tell you we're going to suspend supply for more than 14 days, you can contact our EcoFlex Team by using the contact details set out on Our website to end the contract and we'll refund any sums you've paid in advance.

17.2 We can end our Contract with you for the EcoFlex Tariff and Application if:

(a) You have not provided Us with information, cooperation or access that we need to provide the EcoFlex Tariff and Application.

(b) If you stop paying by direct debit and/or managing your account. We shall switch you to a Default Tariff or another Tariff of your choice for which variable direct debit and online account management are not a requirement.

(c) You no longer satisfy the eligibility requirements at clause 2 and have failed to correct this despite Our written notice to You. We will move You to Default Tariff or another Tariff of your choice.

17.3 You may end this agreement without incurring any early termination fees by notifying Us at any time provided you have paid any outstanding bills. You will remain on the EcoFlex Tariff until you choose a new Tariff or switch energy supplier. This Contract will end on the date that your new supplier completes the switch.

17.4 You will not be eligible to receive Export Payments from us in respect of any Exported Electricity from the date of termination. Once given, notice of your intention to terminate the Contract cannot be rescinded or reversed. If you wish to rejoin the EcoFlex Tariff, you will have to make a fresh application.

(a) it would not have been obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

(b) is caused by an event outside our control. If the supply of our EcoFlex Application and Tariff is delayed by an event outside our control, We will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay.

(c) is caused by any third party except if those losses result from a breach of your statutory rights.

(d) is something you could have avoided by taking reasonable action, including following our reasonable instructions for use. For example, damage to your own digital content or device, which was caused by digital content We supplied and which you could have avoided by;

I. following Our advice to apply a free update;

II. or by correctly following the installation instructions;

III. or having the minimum system requirements advised by us.

18.2 Our total liability for all loss you incur shall be limited to the Electricity Charges and Subscription Fee You paid in the 12 months before the date on which your right to claim against Us started

18.3 You are solely responsible for ensuring that use of the EcoFlex Application does not invalidate any warranty in relation to your Unit or any agreement to which you are a party. We shall not be liable for any loss you suffer as a result

18.4 We shall not be responsible for any loss you suffer as a result of any issues with your Unit that is not caused by Us.

18.5 You accept that the Electricity Charges are subject to wholesale market electricity prices so may increase or decrease over time. We are not liable to You for any increase.

19.2 We will use your personal data to keep you informed about updates and changes relating to the Ecoflex Tariff and Application including service improvements, new features and relevant operational information.

20.2 If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

20.3 We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

20.4 These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.