Terms of service
Terms and conditions of your residential customer service agreement for Voltaware services
IMPORTANT: PLEASE NOTE THE SPECIFIC INSTALLATION REQUIREMENTS IN SECTION B
These terms and conditions set out the agreement between (1) you; references to “you” and “your” are to persons who purchases the Voltaware services and/or the person who uses the Voltaware services); (2) Voltaware Services Limited, trading as ‘Voltaware’. References to “we”,“us” or “our” are references to Voltaware Services Limited or other members of its group. We are a limited company registered in England and Wales (company number 9844696), and our registered address is Heston Cross House, 230 High Street, Swanage, Dorset, United Kingdom BH19 2PQ and our address for correspondence is: 1st Floor, 282 Earls Court Road, London, SW5 9AS, UK. Our VAT number is GB251512047.
Your use of the Voltaware services is at all times subject to these terms and conditions as set out below (or referred to below in links), any additional terms set out in your customer contract, any service charge receipt and all applicable laws. When referring to“agreement” we mean all of these things. The agreement is legally binding, which means that we are making promises to each other about the services we provide and how you are permitted to use those services. By using the Voltaware services you agree to these terms and conditions. If you do not agree to these terms and conditions, you must stop using the Voltaware services immediately.
Please read through these terms and conditions carefully, as they apply to all residential customers who take services from us.
The words highlighted in bold throughout these terms and conditions have special meanings which can be found in the Glossary at the end of these terms and conditions. Also, where we say "include" or "including" in these terms and conditions and then give examples, it does not mean that these are the only examples of what we are referring to.
A. Voltaware services
1. The services we will provide you are “Disaggregating your electricity bill by individual appliances in your home, tracking your energy use in real-time and developing reports on the Voltaware mobile app”. These are referred to in this document as the “services”.
2. To use the services, you must register for a user account and provide certain information about yourself as prompted by the applicable registration form. The information required is the property type, size, the number of people living, the number of bedrooms, if you generate power and a list of appliances.
3. Access to our services is provided via the Voltaware application (this is referred to in this document as the “application” and more particularly described in the Glossary below). Such access is generally permitted on a subscription basis. If you are being provided with the service on a trial basis, we will withdraw access to the services if you do not pay your subscription at the end of the trial.
4. The system requirements for receiving our services on your devices are:
a. Android phones require the Android 4.4 version or later; and
b. Apple phones require the iOS 10 version or later.
Please note that although we support tablets, the application is not optimised for them.
5. We aim to provide a continuous, high-quality service using reasonable care and skill. However, we may modify or temporarily suspend the services, or part of them, to the extent necessary for us to carry out maintenance, technical repair, enhancement or emergency work. We will try to provide any maintenance services that we believe are necessary for us to provide the services to you. We will try to minimise the impact of this on you and we will restore the services to you as soon as we can. Where possible, we will notify you if this occurs between the hours of 9 am and 23 pm and is due to last for more than 1 hour.
6. We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the software which supports the application and related services. These may be automatically installed without providing any additional notice to you or receiving any additional consents from you. You hereby consent to such automatic updates. If you do not want to receive such updates, your only remedy is to stop using the equipment and uninstalling the application.
7. We will always aim to provide you with continued access to services but we will not be liable for interruptions or other problems with the services which are matters beyond our reasonable control, which include without limit the matters listed in Section H (Matters beyond our reasonable control). There may be other reasons too. In these cases, we do not accept responsibility for not providing you with the service.
8. You agree that you will tell us about any fault in the services and equipment by contacting our customer services team, who will aim to respond as promptly as possible. Please contact us on https://voltaware.com/support. In many circumstances it may be possible for us to correct a fault remotely.
9. Due to the nature of the internet, we cannot guarantee specific levels of performance for the services. Although we aim to offer you the best service possible, we make no promise that our online services will meet your requirements and we cannot guarantee that the service will be fault free.
10. We do not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the equipment, the services or any feature thereof. Actual energy savings and monetary benefits vary with factors beyond our control or knowledge. From time to time, we may use the services to provide you with information that is unique to you and your energy usage and suggest an opportunity to save money on energy bills if you adopt suggestions or features of the equipment or the services. You acknowledge that these recommendations are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from us if your savings differ.
11. You confirm that you are the owner of, and that you have obtained all necessary consents to use, the email name, mailbox name or any other name selected by you in connection with the services and to have the equipment installed in your home. You represent and warrant that:
a. all required registration information you submit to us is truthful and accurate;
b. you will maintain the accuracy of such information; and
c. your use of the services does not violate any UK or other applicable law or regulation.
You are entirely responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
12. Please see our acceptable use policy on https://voltaware.com/acceptable-use for more detail on using the services.
13. The services are for private use by you and members of your household. They must not be used for any activities not reasonably expected of someone using the services for domestic purposes.
B. Ordering and installation of equipment
1. If you are in the UK, we will dispatch your equipment to you within 48 hours of you successfully placing your order via a courier service. We will activate the services in accordance with the procedure identified in paragraph B.14 below.
2. We are not responsible for delays in delivering you the equipment which are beyond our reasonable control (these are listed in Section H (Matters beyond our reasonable control)).
3. We reserve the right, in our sole discretion, to refuse or cancel any order and limit order quantity. We may also require additional qualifying information prior to accepting or processing any order. We reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.
4. All purchases of physical items from us are made pursuant to a shipment contract. Provided you have paid for the equipment in advance of delivery, title to the equipment pass to you upon our delivery to the freight carrier. We and/or the freight carrier will be responsible for any equipment loss or damage that occurs when the equipment is in transit to you. If you have not paid for your equipment (for example, if we are providing it to you on a trial basis), it belongs to us until you have paid us and you should keep it safe so that we are able to take it back without other people claiming to have rights in it (for example, you cannot sell it to anyone or offer it to someone as security for your debt). If you do not wish to take out a subscription to the services once your trial period has expired, you have to return our equipment following the instructions provided with your equipment or pay for it.
5. We (or members of our group) will in any event retain ownership in all patent rights, mask works, copyrights, trademarks, service marks, related goodwill, and confidential and proprietary information) in the equipment; and all modifications to, and derivative works based upon, the equipment.
6. We do not have to send you the equipment or to provide you the services, or otherwise keep to this agreement to the extent the following affects our ability to do so, if:
a. your home is in a country where we cannot provide the services or we are unable to activate the services at your home for any reason;
b. you have previously misused our services; or
c. your computer or device (or its operating software) does not work correctly or as reasonably expected for internet access.
7. If we do not send you the equipment that you ordered for any reason, we shall not be under any liability whatsoever to you for any failure to provide you with the service provided by that equipment but we will refund you any payments you have already made for the equipment and the provision of the related service and this agreement will come to an end in relation to your order from us.
8. Once the equipment is received, although installation of the sensor may seem straightforward (see https://voltaware.com/support#videos-manuals ), please ensure that it is installed by a qualified electrician. Once installed, please do not move any equipment yourself. Should you later wish to alter the routing or location of any existing cables or wall sockets or move the equipment to another place, you should contact a qualified electrician.
9. You are solely responsible for installing the equipment. The equipment is usually supplied with an instruction manual which you should make available to your electrician. We can recommend a network of installers that are familiar with the equipment. You should contact firstname.lastname@example.org to obtain this information. If you have received the equipment without a printed manual, please follow this link for an electronic version: https://voltaware.com/img/docs/faq/Installation_Single_Phase_Energy_Monitor.pdf.
10. There may be laws in the country where you install the equipment applicable to where and how to install the equipment. You should check that you are in compliance with all relevant laws and codes in your jurisdiction. We are not responsible for any injury or damage caused by installation.
11. The equipment is connected to dangerous voltages. IMPROPER USE OR INSTALLATION CAN BE DANGEROUS OR EVEN FATAL. It may also impair the performance of the equipment, lead to damage or destruction of property and may invalidate the Equipment Warranty referred to in paragraph D.4 (Warranty/looking after your equipment) below. Please that you follow these guidelines for installation and use:
a. Have the installation done by a qualified electrician, according to local electrical codes;
b. Do not try to open the monitor of the equipment, touch any internal parts, or try to repair it without first contacting Voltaware support on email@example.com.
c. If you believe the monitor, the current transformers (CTs), or cables may have been damaged, do not try to use them but please contact Voltaware support on firstname.lastname@example.org.
d. Install the equipment where it will not be exposed to direct sunlight or extremely low or high temperatures.
12. We will not be liable to you for any loss or damage caused by your installation of the equipment, unless this loss or damage is caused by our fault.
14. To activate the equipment, you will need to download the Voltaware application from The App Store or The Google play store. You need to sign up and “provision” the sensor forming part of the equipment using the product key on your sensor. The sensor will try to connect to your wi-fi network. After successfully connecting the sensor to the wif-fi network, the sensor light will be green.
C. Cooling off rights
1. If you have ordered any of the services online, by telephone or from an agent attending at your home and have entered into a new contract with us you have a statutory right to cancel an order for those services within the “cooling off period”, which is 14 days from the latest of:
a. the day after the delivery of the equipment; or
b. the service start date.
2. You can cancel your order by making any clear statement to us regarding that cancellation by:
a. dialling 020 7460 1521 from any phone. Call costs may vary; or
b. writing to email@example.com; or
b. using the model cancellation form found here.
3. If you cancel the services during the cooling off period, we will refund to you all payments received from you, including the costs of any delivery for any equipment you ordered. If you cancel an order for equipment, we will automatically cancel your order for the services unless you inform us otherwise.
4. If you requested a service to begin during the cooling off period we may require you to pay us an amount proportionate to any services which we have provided you up until the cancellation date.
5. If you cancel during the cooling off period you must return promptly any equipment which you have been provided, using the returns method provided with the equipment or any other method we advise. You will be responsible for the postage costs in returning the equipment, unless the equipment is faulty, in which case we will pay the costs of return postage.
6. We will make any refunds due to you for exercising your rights to cancel during the cooling off period (subject to any deductions due to us) within 14 days, starting the day after we are informed that you wish to cancel. We will make any refund using the same method of payment you used to pay us.
D. Warranty/looking after your equipment
1. We may upgrade and update the equipment from time to time. We will give you notice beforehand where we reasonably can if we believe such an update may materially affect your service.
2. You are responsible for making sure that our equipment is safe and used properly at all times. To do this, you agree to do the following:
a. follow the manufacturer's instructions and any other reasonable instructions we have given you;
b. keep the equipment in your home and under your control;
c. not tamper with disassemble, misuse, neglect or damage the equipment; and
d. not remove, tamper with or cross out any words or labels on the equipment.
3. As regards any equipment provided to you on a trial basis, prior to you purchasing such equipment, it is provided to you with no warranty whatsoever, express, implied or statutory, including, but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose prior to you purchasing such equipment. Once the equipment has been purchased, the warranty referred to in paragraph D.4 below shall apply. In any event, you acknowledge that any equipment provided on a trial basis may not work properly or in accordance with its documentation. You may have other statutory rights. However, to the full extent permitted by law, the duration and scope of statutorily required warranties, if any, shall be limited to the maximum extent permitted.
4. Equipment Warranty: We promise you that for one (1) year from the date when you receive the equipment from us it will be (i) as described, (ii) fit for purpose, (iii) of satisfactory quality and (iv) free from defects in the materials used to make it or defects in how it is put together (its workmanship). This warranty applies if the used equipment has been paid for. Otherwise, please see paragraph D.3 above.
5. If you discover a defect in the materials used to make the equipment or how it is put together (its workmanship) within one (1) year from the date when you receive the equipment from us, we will either:
a. repair or replace any defective equipment or its component with new or refurbished components of the same or (if the original equipment or components are not available) greater functionality; or
b. accept the return of the equipment and refund the money that the person who bought the equipment paid for the equipment by its original purchaser.
We will chose which of option (a) or option (b) above will be provided to you and make sure that you get either replacement equipment or a refund within 45 days of us receiving the equipment that you think is defective back. This is your only remedy for breach of the Equipment Warranty set out in paragraph D.4 above and it is subject to paragraph D.7 below.
Any equipment that has either been repaired or replaced under the Equipment Warranty will be covered by the terms of this paragraph for the longer of (a) ninety (90) days from the date of delivery of the repaired equipment or replacement equipment, or (b) the remaining period of the Equipment Warranty. This means that, for example, if we delivered the equipment to you on 1 January and we replaced it in June, the last day you can make a claim is 31 December in the year that you bought it. If, however, we replaced the equipmenton 1 December in the year that you bought it, the replacement equipment will be guaranteed until 1st March the following year.
The Equipment Warranty is transferable from the original purchaser to subsequent owners, but the period for which it extends will not be extended in duration or expanded in coverage for any such transfer.
6. In order to make use of the Equipment Warranty you must:
a. notify us of the intention to claim by visiting firstname.lastname@example.org during the period while the Equipment Warranty is still valid and provide a description of the failure; and
b. comply with our return shipping instructions.
7. We will have no warranty obligations with respect to returned equipment if we determine, acting reasonably after examination of the returned equipment, that the equipment you return has any of the following features:
a. it is equipment marked as “Not for Sale”
b. it has been subject to:
i. modifications, alterations, tampering, or improper maintenance or repairs;
ii. handling, storage, installation, testing, or use not in accordance with our instructions;
iii. abuse or misuse;
iv. breakdowns, fluctuations, or interruptions in electric power; or
v. acts of God, including, but not limited to, lightning, flood, tornado, earthquake, or hurricane.
8. We will bear all costs of return shipping to the owner and will reimburse any shipping costs incurred by the owner, except with respect to the equipment which has any of the features which are referred to in paragraph D.7 above, for which owner will bear all shipping costs.
9. We are not responsible for use of the equipment outside of the United Kingdom. You are responsible for complying with all applicable laws and regulations of the country for which the equipment is destined. We are not liable or responsible if you break any such law.
10. Except as specifically referred to in this section the equipment, software, service and site operated by us, are provided “as is” and “as available” and we and our licensors and suppliers expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We and our licensors and suppliers make no warranty that defects will be corrected or that we: (i) will meet your requirements; (ii) will be compatible with your electrical system, home network, computer or mobile device; (iii) will be available on an uninterrupted, timely, secure, or error-free basis; or (iv) will be accurate or reliable or produce specific results. No advice or information, whether oral or written, obtained by you from us or though us shall create any warranty. When you install, setup or use the equipment you may be given the opportunity to alter defaults or choose particular settings. The choices you make can cause damage or lead to non-recommended operation of your connected equipment or systems. You assume all liability for such damage when you choose particular settings or set or adjust defaults.
11. As part of the services we provide you information regarding the products in your home. All information regarding the products in your home is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing such information through the Voltaware application is not a substitute for direct access of the information in the home.
E. Using the services
1.You are responsible for the way the equipment and services are used. You must not do any of the acts or allow anyone else to do the acts in relation to the equipment and/or services which are contrary to our acceptable use policy: https://voltaware.com/acceptable-use.
2. If we believe that you are using the services contrary to the acceptable use policy (https://voltaware.com/acceptable-use) referred to in paragraph E.1 and consider it to be a serious issue, we are entitled to reduce, suspend and/or terminate any or all of the services without giving you notice. Where we do reduce or suspend the affected service we will reinstate the service if we have been able to resolve the issues with you within a reasonable time but we will need your reasonable co-operation to do so. We will terminate the services and agreement with you where this is not possible or if we consider, acting reasonably, that your breach is sufficiently serious and requires us to terminate the agreement. We may also immediately terminate the services we provide you and this agreement where we reasonably consider your misuse to be very serious or harmful to others.
3. We reserve the right to remove by immediate notice material placed on our servers by you or other users which we, in our reasonable opinion, believe breaks this agreement.
4. You agree to take responsibility for all liabilities, claims and losses which are in any way connected with you misusing the services, or with getting the services our permission, and to repay fully any costs or losses of this kind which we may suffer. This also applies if you do not meet your responsibilities under this Section E.
F. Paying for your services
1. If we have offered you a free trial, if you do not pay for your equipment and enter into a paid subscription for the services before the end of your trial period, your services will be disconnected at the end of the trial period and you will have to return or pay separately for the equipment. You can read more about the return of the equipment which we have provided on a trial basis in paragraph B. 4 (Ordering and installation of equipment)
2. Unless we have reached an agreement with someone else (such as your employer) that they will pay for the services provided to you, you are responsible for and must pay the charges for the services as set out in our price guide in paragraph F.9. below (the price guide) or as otherwise notified to you (for example as set out in your order or change of service summary or your bill), together with any applicable value added tax or other applicable taxes.
3. We will provide you with all necessary payment details of the E-billing service that we deploy from time to time. We will bill you electronically via E-billing in advance and you must provide us with a valid and current e-mail account to which we will send your bills. We agree to collect and process all payments received by it from the E-billing service deployed promptly and ensure that they are applied in settlement of the charges to which they relate.
For E-billing Octopus customers we are currently using the link on the following website: https://octopus.voltaware.com/purchase/ to arrange payment where the following process will apply:
i. Octopus customers will click on Order Now button on the VWO website.
ii. Octopus customers will provide their Octopus ID and go through the process of email verification.
iii. Octopus customers will be asked to fill out their shipping details: full name(mandatory); Delivery address (this has to be in the UK), mobile number(optional); Octopus ID (mandatory) and email address (mandatory).
iv. Octopus customers will be informed of the order details and payment amount and will be required to fill in their payment information and credit card details.
v. Octopus customers will then be informed by us that their order is completed and that the equipment is on its way.
4. We can change the charges set out in the price guide, but if we do so, this may entitle you to end this agreement once the minimum period has come to an end. You can read more about this in paragraphs F.9 and L (Changing this agreement). Any changes will not affect any order that you have already placed.
5. The following provisions apply regarding billing and payment:
a. Under this agreement, if you ask for any changes to the services provided by us, these changes will be reflected by adding or removing proportionate amounts to your first bill after the change and to your payments every month after that.
b. By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge you for the total amount of your order (including any applicable taxes and other charges).
c. You must resolve any problem we encounter in order to proceed with your order. You must ensure that your payments are received by us by the due date for payment shown on your bill. If you do not pay your bills on time, if any payment is cancelled or is not cleared or if the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, you may need to pay interest or other charges as set out in our price guide. We may also suspend or cancel the services. Reminders will normally be sent for late bill payments.
6. The accuracy of the e-mail address you provide to us for E-billing purposes is entirely your responsibility. You shall remain fully responsible and liable to pay any bills of which notification has been sent to the e-mail address you have specified whether or not:
a. you access that e-mail account and read the relevant e-mail;
b. you are disconnected from your e-mail account (for any reason); or
c. for any other reason (other than our negligence) you fail to read the relevant notification.
7. Due to the nature of the internet and the need by our E-billing provider from time to time to update, upgrade and maintain the E-billing service, we cannot guarantee uninterrupted access to the E-billing service.
8. You must provide promptly and accurately all the information which may be needed so that we can perform our respective obligations under this agreement. You must also tell us immediately if any of your details change.
9. Price guide
Below is an explanation of the different charges you may incur.
When we provide you with equipment that enables receipt of your service, either for a new service or as a replacement for an existing service, you will normally be required to pay. The standard price is set out in the standard pricing schedule available on request. The cost of the equipment does not include installation. Please see Section B (Ordering and installation of equipment) as regards the installation of the equipment in general. For any Octopus customers who subscribe to the services by 1 April 2023 (the "pilot term”), we will charge £149 and their access to the Voltaware App will be unlimited and guaranteed for 24 months. Access will continue for 24 months irrespective of whether you continue to qualify as an Octopus customer or not. After 24 months the access to the services will be subject to a subscription fee. If we request that you pay a subscription price after 24 months and you fail to pay the subscription amount requested, you will not be entitled to the reimbursement of any amounts that you paid for the equipment nor any of the costs that you may have incurred, e.g. the cost of installation and the provisions of paragraph F..c. above will apply. For any Octopus customers who subscribe to the service after the pilot term, the subscription amount will be £24 per year.
Shipping costs to places other than the UK may be charged in addition to the standard price and will vary depending on where you require us to ship the equipment.
Standard subscription to your services
Our standard subscription charges are set out in the standard pricing schedule available on request. These are updated annually and once your annual subscription has expired you will be charged the new subscription price.
As part of a fixed term contract with us, you agree that you’ll continue with your chosen services for a minimum period of 12 months (the “minimum period”). If you decide to end part or all of your services during the minimum period then you will not be entitled to a reimbursement of the fee paid. The minimum period will restart every time you renew your subscription.
Failure to return equipment provided on a trial basis
If you have decided not to subscribe to the services at the end of any trial period and you fail to return or make available for removal any item of the equipment which we have provided to you on a trial basis, you may have to pay extra charges for such equipment, including the replacement cost or reasonable recovery costs. In addition to our other rights, we reserve the right to bring legal proceedings against you for the return of the equipment.
G. Liability to you
1. We do not restrict or exclude liability to you for:
a. death or personal injury resulting from our own (or our agents' or contractors') negligent act or failure to act; or
b. fraud; or
c. any legal rights and remedies available to you as a consumer in relation to the services.
None of these rights and remedies are affected by this agreement. For information on these rights and remedies please visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
2. Except as set out in paragraph G.1 we will not be liable to you for:
a. any loss or damage which is not a reasonably foreseeable consequence of our negligence or breach of this agreement. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen (for example, if you and we discussed it); or
b. any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable.
3. Except as set out in paragraph G.1 our liability to you is limited to the listed price of our equipment which you purchased from us.
4. When we carry out any obligation under this agreement, our duty is to exercise the reasonable care and skill of a competent service provider only.
5. We will not be liable to you for the accuracy, fitness for purpose, completeness or legality of any information accessed, received or transmitted using the equipment or services unless we are the author or creator of this information or material, or for transmitting or receiving, or failure to transmit or receive, any material through the equipment or services.
6. We will not be liable for any failure of safety, security or other alarm systems or monitors due to:
a. incompatibility with our network; or
b. power or network outages that are not our fault; or
c. any other matters beyond our reasonable control or not due to our fault.
7. We will not be liable to you for the contents of any material from other individuals or organisations which may be accessed through the equipment or services. We also reserve the right to block access to any such material.
8. As a consumer you also have other legal rights and remedies that apply in addition to any provided to you under this agreement or common law. Some of the key rights you have as a consumer are contained in the Consumer Rights Act 2015, which provides legal remedies to you where we have, for example, not exercised reasonable care and skill in providing the services to you, or where goods or digital content we provide to you are faulty or not as described. These remedies may include the right to ask us to fix the problem or to a price reduction. Consumer law also gives you rights if we provide you with misleading information that leads you to enter into an agreement with us. For information on your legal rights and remedies available to you as a consumer, please visit the Citizens Advice website at www.citizensadvice.org.uk.
H. Matters beyond reasonable control
1. Neither you nor us shall be liable to the other for failing to do what is promised under this agreement if it is prevented from doing so by matters beyond our reasonable control, including without limitation fire, lightning, flood, severe weather, explosion, epidemic, riot, civil commotion, any strike, lockout or other industrial action, act of God, war, warlike hostilities or threat of war, terrorist activities, accidental or malicious damage, industrial disputes, any prohibition or restriction by any government or other legal authority or failure of public or private telecommunications networks.
2. If you or us claim to be unable to perform our respective obligations under this agreement (either on time or at all) in any of the circumstances set out in the paragraph H.1 above, that person shall notify the other of the nature and extent of the circumstances in question as soon as practicable.
3. This section H shall cease to apply when such circumstances have ceased to have effect on the performance of this agreement and the person affected shall give notice to the other person that the circumstances have ceased. If any circumstance relied on by a person for the purposes of this section H continues for more than three months, the other person shall be entitled to terminate this agreement.
I. Suspending the services
1. We may suspend or reduce any of the services, immediately without notice for as long as the suspension event persists if:
a. you have broken this agreement in a serious and non-minor way (and in such an instance we may also reduce the level of services affected);
b. you cancel any direct debit that we have agreed to set up and we haven't agreed an alternative means of payment;
c. we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment or at any time during the provision of the services;
d. we believe that you or another person at your home have committed, or may be committing, any fraud against us, and/or any other person or organisation by using the services or equipment (or both);
e. you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
f. in our reasonable opinion it is necessary to do so, for example when dealing with threats to the security or integrity of the network or the services we provide.
In these cases, we will normally contact you and try to resolve the issue where reasonably possible. However, where applicable we may make a charge to reflect our costs in connection with suspending and starting supply of the services again. You must pay this charge before you can use the services again. You may also be liable for all charges for services during this period of suspension.
2. We may also suspend any of the services for as long as the suspension event persists, immediately without notice if:
a. maintenance, repairs or improvements to any part of the equipment, the services, the network or the system need to be carried out, including for example, when dealing with threats to the security or integrity of the network or the services we provide; or
b. we have to do so by law.
3. For your and our protection we can also suspend the services if your usage has increased to such an extent that it appears, in our reasonable opinion, that the services are not being used in a manner consistent with reasonable residential domestic use. We will make reasonable efforts to contact you before suspending the services but we are not liable for any loss you may suffer through this suspension. We will not provide the services again until we are satisfied that you are using the services consistently with reasonable domestic use.
J. Other ways to end this agreement
1. We may end this agreement at any time (including during or at the end of any minimum period) by giving you 30 days’ notice and refunding you a proportionate amount of any charges paid for services for the period when you are unable to use them.
2. If we:
a. increase our monthly charges under this agreement;
b. increase any of our other charges that are you are required to pay under this agreement in a way which is likely to materially disadvantage you; or
c. make any changes to the terms and conditions of this agreement which are likely to materially disadvantage you; or
d. make any changes to the services which are likely to materially disadvantage you; or
e. if there is a permanent loss of the services,
we will notify you of this and you may cancel this agreement by giving us at least 30 days' notice. You need to give us that cancellation notice within 30 days of us notifying you. Any increased charges will not apply during your 30-day cancellation notice period.
3. We may end this agreement immediately by giving you notice if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
4. When this agreement ends or you cancel a service, permanently block access to your account on the application. You will no longer be able to use the equipment.
5. If this agreement is ended for any reason, or if any of the services are cancelled, we will be entitled to keep any money held (including any advance payments) and to use that money to pay any obligation or debt you may owe under this agreement.
K. If you break this agreement
1. We may end this agreement immediately if:
a. you become insolvent or bankrupt, you enter into any arrangement with your creditors, or if any legal action is taken or threatened against your property;
b. we believe that you or another person at your home have committed, or may be committing, any fraud against us, or any other person or organisation whether or not by using the services or equipment (or both);
c. you break any of this agreement in a serious and non-minor way and, if you are able to put things right, you have not done so within 7 days (or such other longer period as we specify) of us asking you to do so;
d. we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the services and/or the equipment from us, or at any time during the provision of the services;
e. any permission under which we are entitled to connect, maintain, modify or replace the equipment is ended for any reason;
f. we are required to comply with applicable law or regulation, or comply with an order, instruction or request of Government, an emergency services organisation or other competent administration, legal or regulatory authority;
g. you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate;
h. we are specifically entitled to do so under any other section of this agreement; or
i. we validly suspend or reduce any of the services in accordance with Section I (Suspending the services) for a period of 30 days or more.
2. If you break this agreement and we choose to overlook it, we can still end the agreement with you if you break it again.
3. If we end this agreement because you have not paid the charges which you are liable to pay under this agreement), we are entitled to:
a. charge you for all charges up to the date the agreement ends; and/or
b. prevent and/or disrupt access to the services.
4. If you break this agreement by committing fraud or any other criminal activity, we will report you to the police, who may take legal action.
L. Changing this agreement
1. Subject to your rights set out further in this section and paragraph J.2 above, we may at any time modify, amend or alter the terms of this agreement and/or the services if:
a. there is any change or amendment to any law, code of practice, guidance or regulation which applies to us or the services provided to you;
b. we decide that the services should be altered for reasons of quality of service or otherwise for the benefit of customers or, in our reasonable opinion, it is necessary to do so in order to continue to provide theservices;
c. for security, technical or operational reasons;
d. we introduce new services, new service features, service improvements or equipment;
e. the changes or additions are minor and do not affect materially disadvantage you; or
f. in all other events, where we reasonably determine that any modification to a relevant system, our network or a change in trading, operating or business practices or policies is necessary to maintain or improve the services provided to you.
2. We may withdraw your chosen services for commercial or operational reasons or if we are unable to continue providing it for matters beyond our reasonable control. If we decide to do this, we will move you on to our nearest equivalent or better current services, unless you ask us to move to other more expensive services. If the services we have decided to remove causes the price you pay to increase we will also give you notice of the change(s) at least 30 days before the changes take effect and you may cancel the services affected in accordance with paragraph J.2 above
3. We may change our charges at any time. Any changes to our annual charges will be published by us on our website and we will also give you notice of the change(s) at least 30 days before the changes take effect by email and you may cancel the services affected in accordance with paragraph J.2 above.
Any notices we give to you must be in writing and be delivered by hand, ordinary post to you at your home or sent electronically. Any notices you give to us should be given in line with the directions set out on [web link?] or in your welcome pack. Any notice period will start from the day on which the notice is delivered if it is delivered by hand, 2 working days (i.e. excluding Saturdays, Sundays and public holidays) after the date it was posted if sent by ordinary post, or from the date of successful transmission if it is sent electronically.
N. Transfer of agreements
This agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under this agreement without our written agreement. For business reasons we may transfer any of our rights and responsibilities under this agreement without your permission as long as we ensure that the transfer will not affect your rights under this agreement in a negative way.
O. The law and how your complaints are resolved
1. This agreement will be governed by the law of England and Wales, unless you live in Scotland or Northern Ireland, in which case it will be governed by Scots or Northern Irish law respectively.
If we have a dispute about this agreement and you want to take court proceedings, you must do so in the courts of one of the 4 parts of the United Kingdom (England, Wales, Scotland or Northern Ireland) of which its courts will have exclusive jurisdiction.
2. If any part of the agreement cannot be enforced, the rest of it will still apply.
3. We are fully committed to addressing all complaints, fully and fairly, and within a reasonable time frame. If you have a compliant then please contact our Customer Support Team at email@example.com or call us on 020 7460 152.
4. If we have not reached an agreed settlement within eight weeks of receiving your complaint, or we agree in writing before the eight weeks is up that the dispute should be settled by independent adjudication, you can refer your complaint for independent consideration through Alternative Dispute Resolution by the Communications and Internet Services Adjudication Scheme (CISAS) at www.cisas.org.uk. This service is free of charge. Please note that you are not required to settle the dispute using arbitration and you have the choice to bring an action in the courts if you prefer (see section O.1 above).
5. You may also be able to refer a dispute to the European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use.
agreement: this is defined in the second paragraph of this document.
application: mobile or desktop application powered by or linked to the Voltaware cloud and carrying the Voltaware name.
equipment: the equipment is the Voltaware sensor and other equipment which we supply to you as an essential part of providing the services (including upgrades and replacements). This will include the sensor, cables and installation manual and package.
home: the residential property the equipment is installed, and to which we agree to supply the services.
Equipment Warranty: the warranty set out in paragraph D.4 (Warranty/looking after your equipment).
insights: the information and data relating to the energy usage in your home that we create using our AI powered technology and supplied to you via our mobile application.
matters beyond our reasonable control: without limitation, the matters listed in Section H (Matters beyond our reasonable control).
price guide: the terms set out in paragraph F.9 (Paying for your services)
Services: the services provided by us and described in paragraph A.1 (Voltaware services).