Energy Toolkit Supplementary Terms and Conditions

Read the supplementary terms and conditions before using the Energy Toolkit

 

Energy Toolkit terms and conditions for supply customers

1.0 General

1.1 These terms and conditions and any amendments thereto are supplementary to the general Terms and Conditions of the Agreement; in the event of conflict, the clauses in this Annex shall take precedence.

1.2 All times stated in these supplementary terms and conditions are UK local times.

1.3 Any information provided by us is for the purpose of your supply Agreement only and is provided on the condition that you warrant you will not use any such information for any other purpose.

1.4   You acknowledge that to access the Energy Toolkit and the relevant content, you will need to have, as a minimum, the following internet browser capability:
i. Windows Microsoft IE 8 or above or;
ii. Mozilla Firefox 10 or above or;
iii. Google Chrome 17 or above or;
iv. Safari 5.1 or above.
You accept that we shall have no liability to you whatsoever where you are unable to access the services provided by the Energy Toolkit as a result of not having the correct internet browser capability.

2.0 Terms of use

2.1 Energy Toolkit

2.1.1 Except where the conditions of Clause 2.1.6 apply,  the Energy Toolkit services are only for use by organisations that have entered into a supply Agreement with us. If you access the data or information on the Energy Toolkit Website or download such data or information, or issue any instruction to us, you warrant that you are authorised to do so by such an organisation. We accept no responsibility for any actions taken in consequence of the interpretation or use of data or information provided by us, any affiliated companies and/or third parties.

2.1.2 You must register a valid electronic communication mail account (“E-mail Account”) with us which for the purposes of the Energy Toolkit shall also be your unique username. We shall send to you an electronic communication to the registered E-mail Account, that will allow you to set up your own unique password. You will always be required to enter your unique username and password in order to access your Energy Toolkit Website account.

2.1.3 You are responsible for maintaining the confidentiality of your password and username, and shall be liable for all activities that occur under your Energy Toolkit Website account.

2.1.4 You agree to immediately Notify us in Writing of any unauthorised use of your password, Energy Toolkit, or any other breach of security.

2.1.5 Pursuant to this Clause 2.1, you accept that we shall not be liable for any loss or damage arising from failure to provide us with accurate information or to keep your password secure.

2.1.6 Notwithstanding the conditions of Clause 2.1.1, where you have authorised a broker or consultant to access the Energy Toolkit Services relating to your Premises we shall provide them with an Energy Toolkit Website account.

2.2    Acceptable use of the Energy Toolkit

2.2.1    You acknowledge that your username and password are  for access to, and use of, data and information in respect of  premises detailed in your Agreement and where applicable, to issue instructions to us in relation to those premises only.

2.2.2 You agree not to use the Energy Toolkit Website and the Energy Toolkit Services contained therein, in any way that causes or may cause damage to or impairment of the availability or accessibility of the Energy Toolkit Website and/or the Energy Toolkit Services, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2.2.3 You agree not to use the Energy Toolkit Website and/or the Energy Toolkit Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

2.2.4 You agree not to upload, post, otherwise transmit or provide access to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Energy Toolkit Website and the Energy Toolkit Service, or the computer software or hardware or telecommunications equipment of any other person.

2.2.5 You acknowledge that information supplied by the Energy Toolkit Services is provided for analysis and information purposes only and under no circumstances should it be used for invoice validation purposes or relied on in any way to inform your transactions.

2.2.6 We may discontinue and/or terminate your access to the Energy Toolkit Website if your supply Agreement has ended or been terminated and has not been renewed. If we reasonably believe that information provided by the Energy Toolkit has been used illegally, unlawfully, fraudulently, and/or for purposes other than those for which it is intended, or if we reasonably believe you do not have the requisite authority to access the Energy Toolkit we shall revoke your access and you shall be liable for all costs incurred by us.

2.2.7 You acknowledge that we may, from time to time, temporarily withdraw access to the Energy Toolkit Website for maintenance, management or revision and we shall endeavour to give as much notice as possible of such withdrawal except in the case of emergency (including but not limited to maintenance) in which case we may withdraw access to the Energy Toolkit Website immediately giving no Notice. The Energy Toolkit Website and/or the Energy Toolkit Service may also be unavailable in the case of system failure or for any other reason beyond our control and we accept no liability whatsoever for the unavailability of the Energy Toolkit Website and/or the Energy Toolkit Service for any reason.

3.0 Proprietary Rights

3.1 All Intellectual Property that exists in the Energy Toolkit is exclusively owned or licensed to us. Downloading or printing of content from the Energy Toolkit is restricted for your own internal business purposes in connection with your supply Agreement with us. The material and content of the Energy Toolkit may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any other way unless expressly authorised by us in Writing.

3.2 Except as expressly authorised by us in Writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content of the Energy Toolkit Website and the Energy Toolkit Services contained therein in whole or part except as specifically authorised in a separate Written agreement with us.

4.0 Energy Toolkit Services

4.0 Energy Toolkit Services

4.1 Service Levels

4.1.1 Subject to the relevant terms and conditions of your Agreement and only in respect of Metering Points registered to us under your Agreement, you acknowledge that where your Proposal indicates;
a. a Bronze Service Level; or
b. a Silver Service Level; or
c. a Gold Service Level;
you shall have access to those features as set out in Appendix 1 of these supplementary terms and conditions.

4.2 You acknowledge that the provision of the Service Levels as detailed in Appendix 1 of these supplementary terms and conditions shall be subject to the conditions of Clause 5.2. Where additional features are available for any Service Level we shall endeavour to Notify you in Writing of the availability of those features.

4.3 Where you have access to the Alert Service subject to the conditions of sub-clause 4.1.1, you acknowledge that:
a. Alert Messages will be based on raw, non-validated Consumption Data and may not be accurate and/or complete; and
b. we cannot warrant, and do not accept liability for the accuracy, failure or wrongful trigger of the Alert Messages.

5.0 Warranties

5.1 In accordance with these terms and conditions and subject to entering into an Agreement with us we warrant to:
a. send you an electronic communication allowing you to set up a unique password pursuant to the conditions of sub-clause 2.1.2;
b. provide and maintain the Energy Toolkit; and
c. make available to you, where possible, your Consumption Data for a maximum period of five years provided that you have supplied us with two years Consumption Data by the Commencement Date in a format acceptable to us and you have remained on continuous supply with us for at least three years.

5.2 You accept that the Energy Toolkit Website and the Energy Toolkit Services are provided “as is” without any representations or warranties, express or implied and we make no representations or warranties for the:
a. availability of the Energy Toolkit Website and the Energy Toolkit Services; and/or
b. the accuracy and/or completeness of the information provided by the Energy Toolkit Website and Energy Toolkit Services.

5.3 You acknowledge and accept that nothing on, contained within or produced from the Energy Toolkit Website and the Energy Toolkit Services constitutes, or is meant to constitute advice of any kind.

6.0 Charges

6.1 Your Energy Toolkit Charge as shown in your Proposal shall be included in your invoice and you shall pay the invoice in accordance with Clause 5.9 of the Agreement.

7.0 Liability

7.1 Notwithstanding the conditions of Clause 9 of the general Terms and Conditions of the Agreement and the conditions contained herein you acknowledge that where the Energy Toolkit cannot be made available to you for any reasons other than those stated in sub-clause 2.2.6 , we shall either;
a. provide to you a substitute online product that allows you access to your Consumption Data at no extra cost to you; or
b. we shall pro-rata your Energy Toolkit Charge and terminate our agreement for the provision of the Energy Toolkit.

7.2 You acknowledge that we shall not accept, or be responsible for, any losses, costs, expenses, or additional charges caused as result of the Energy Toolkit’s unavailability, and the termination of our agreement for the provision of the Energy Toolkit shall not affect, or be a breach of, our Agreement with you for the supply of Energy.

8.0 Definitions

8.1 The definitions in the Agreement shall apply throughout these supplementary terms and conditions and the following terms have these meanings:

"Alert Service"
a feature available to customers with either a Silver Service Level or a Gold Service Level and which allows you to receive Alert Messages on the Consumption Data thresholds as set by you or a broker or consultant where you have authorised them to do so;

“Alert Messages”
an electronic communication sent to you to notify you and a broker or conosultant where applicable of breach of the Consumption Data threshold(s) as set by you or a broker or consultant as applicable;

“Bronze Service Level”
as defined in Appendix 1;

“Consumption Data”
means your Energy consumption data for any and all of your Premises;

“Energy Toolkit”
an online product which allows access to your Consumption Data through the Energy Toolkit Website and the Energy Toolkit Services;

“Energy Toolkit Charge”
a charge applicable to your Service Level as shown in your Proposal;

“Energy Toolkit Services”
the software that allows access to the Service Level applicable to your Agreement as shown in your Proposal;

“Energy Toolkit Website”
the online web portal and hosting service that allows you access to the Energy Toolkit Services;

"Feature"
as listed in Appendix 1 of these supplementary terms and conditions;

“Gold Service Level”
as defined in Appendix 1;

"Intellectual Property"
means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in getup, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

"Interval Data"
means data where values are measured and presented in intervals;

“Service Level(s)”
means the Bronze Service Level, the Silver Service Level and the Gold Service Level;

“Silver Service Level”
as defined in Appendix 1.

 

Energy Toolkit terms and conditions for TPI users

1.0 General

1.1   All times stated in this Annex are UK local times.

1.2   Any information provided by us is for the purposes the Customer has provided authority to you for and is provided on the condition that you warrant you will not use any such information for any other purpose.

1.3   You acknowledge that to access the Energy Toolkit and the relevant content, you will need to have, as a minimum, the following internet browser capability:
i. Windows Microsoft IE 8 or above or;
ii. Mozilla Firefox 10 or above or;
iii. Google Chrome 17 or above or;
iv. Safari 5.1 or above.
You accept that we shall have no liability to you whatsoever where you are unable to access the services provided by the Energy Toolkit as a result of not having the correct internet browser capability.

2.0 Terms of use

2.1.1   The Energy Toolkit services are only for use by organisations that have either entered into a supply Agreement with us or entered into an Agreement relating to third party intermediary services for industrial and commercial customers with us that includes this Annex. If you access the data or information on the Energy Toolkit Website or download such data or information, or issue any instruction to us, you warrant that you are authorised to do so by such an organisation. We accept no responsibility for any actions taken in consequence of the interpretation or use of data or information provided by us, any affiliated companies and/or third parties.

2.1.2   You must register a valid electronic communication mail account (“E-mail Account”) with us which for the purposes of the Energy Toolkit shall also be your unique username. We shall send to you an electronic communication to the registered E-mail Account that will allow you to set up your own unique password. You will always be required to enter your unique username and password in order to access your Energy Toolkit Website account.

2.1.3   You are responsible for maintaining the confidentiality of your password and username, and shall be liable for all activities that occur under your Energy Toolkit Website account.

2.1.4  You agree to immediately notify us in writing of any unauthorised use of your password, the Energy Toolkit, or any other breach of security.

2.1.5   Pursuant to this Clause 2.1, you accept that we shall not be liable for any loss or damage arising from failure to provide us with accurate information or to keep your password secure.

2.2   Acceptable use of the Energy Toolkit

2.2.1   You acknowledge that your username and password are for access to, and use of, data and information in respect of premises detailed in your Customers’ Energy supply agreements and only where such Customers have provided their express consent for you to do so.

2.2.2   You agree not to use the Energy Toolkit Website and the Energy Toolkit Services contained therein, in any way that causes or may cause damage to or impairment of the availability or accessibility of the Energy Toolkit Website and/or the Energy Toolkit Services, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2.2.3   You agree not to use the Energy Toolkit Website and/or the Energy Toolkit Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

2.2.4   You agree not to upload, post, otherwise transmit or provide access to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Energy Toolkit Website and the Energy Toolkit Service, or the computer software or hardware or telecommunications equipment of any other person.

2.2.4   You acknowledge that information supplied by the Energy Toolkit Services is provided for analysis and information purposes only and under no circumstances should it be used for invoice validation purposes or relied on in any way to inform your transactions.

2.2.5   We may discontinue and/or terminate your access to the Energy Toolkit Website if a Customer’s Energy supply agreement has ended or been terminated or where a Customer revokes the LoA in accordance with Annex – Client Authorisation. If we reasonably believe that information provided by the Energy Toolkit has been used illegally, unlawfully, fraudulently, and/or for purposes other than those for which it is intended, or if we reasonably believe you do not have the requisite authority to access the Energy Toolkit we shall revoke your access and you shall be liable for all costs incurred by us.

2.2.6   You acknowledge that we may, from time to time, temporarily withdraw access to the Energy Toolkit Website for maintenance, management or revision and we shall endeavour to give as much notice as possible of such withdrawal except in the case of emergency (including but not limited to maintenance) in which case we may withdraw access to the Energy Toolkit Website immediately giving no notice. The Energy Toolkit Website and/or the Energy Toolkit Service may also be unavailable in the case of system failure or for any other reason beyond our control and we accept no liability whatsoever for the unavailability of the Energy Toolkit Website and/or the Energy Toolkit Service for any reason.

3.0 Proprietary Rights

3.1   All Intellectual Property that exists in the Energy Toolkit is exclusively owned or licensed to us. Downloading or printing of content from the Energy Toolkit is restricted for your own use only where the Customer has authorised you to do so and always in accordance with the conditions of this Annex. The material and content of the Energy Toolkit may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any other way unless expressly authorised by us in writing.

3.2   Except as expressly authorised by us in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content of the Energy Toolkit Website and the Energy Toolkit Services contained therein in whole or part except as specifically authorised in a separate written agreement with us.

4.0 Energy Toolkit Services

4.1   Service Levels

4.1.1   Subject to the relevant terms and conditions of a Customer’s Energy supply agreement and only in respect of metering points registered to us under that ,Energy supply agreement you acknowledge that where the Customers’ Proposal indicates;
a. a Bronze Service Level; or
b. a Silver Service Level; or
c. a Gold Service Level;
you shall have access to those features as set out in Appendix 1 of this Annex.

4.2   Where you have access to the Alert Service subject to the conditions of sub-clause 4.1.1, you acknowledge that:
a.   Alert Messages will be based on raw, non-validated Consumption Data and may not be accurate and/or complete; and
b.   we cannot warrant, and do not accept liability for the accuracy, failure or wrongful trigger of the Alert Messages.

5.0 Warranties

5.1   In accordance with this Annex, only where a Customer has entered into an Energy supply agreement and provided express consent for you to access the Energy Toolkit Services we warrant to:

a.    send you an electronic communication allowing you to set up a unique password pursuant to the conditions of sub-clause 2.1.2; and
b.   provide and maintain the Energy Toolkit;

5.2   You accept that the Energy Toolkit Website and the Energy Toolkit Services are provided “as is” without any representations or warranties, express or implied and we make no representations or warranties for the:

a.  availability of the Energy Toolkit Website the and Energy Toolkit Services; and/or
b.  the accuracy and/or completeness of the information provided by the Energy Toolkit Website and the Energy Toolkit Services.

5.3   You acknowledge and accept that nothing on, contained within or produced from the Energy Toolkit Website and the Energy Toolkit Services constitutes, or is meant to constitute advice of any kind.

6.0 Liability

6.1   You acknowledge that we shall not accept, or be responsible for, any losses, costs, expenses, or additional charges caused as result of the Energy Toolkit’s unavailability, and the termination of our agreement for the provision of the Energy Toolkit shall not affect, or be a breach of this Agreement.

7.0 Definitions

7.1 The definitions in the Agreement shall apply throughout this Annex and the following terms have these meanings:

“Alert Service” a feature available to Customers with either a Silver Service Level or a Gold Service Level and which allows you and the Customer to receive Alert Messages on the Consumption Data thresholds as set by either you or the Customer;

“Alert Messages” an electronic communication sent to you and the Customer to provide notification of a breach of the Consumption Data threshold(s) as set by either you or the Customer;

“Bronze Service Level” as defined in Appendix 1;

“Consumption Data” means a Customers’ Energy consumption data for any and all of their Premises;

“Energy Toolkit” an online product which allows access to Customers’ Consumption Data through the Energy Toolkit Website and the Energy Toolkit Services;

“Energy Toolkit Services” the software that allows access to the Service Level applicable as shown in the Customer’s Proposal;

“Energy Toolkit Website” the online web portal and hosting service that allows you and Customers access to the Energy Toolkit Services;

“Feature” as listed in Appendix 1 of this Annex;

“Gold Service Level” as defined in Appendix 1;

“Intellectual Property”
means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

“Interval Data”
means data where values are measured and presented in intervals;

“Service Level(s)” means the Bronze Service Level, the Silver Service Level and the Gold Service Level;

“Silver Service Level”
as defined in Appendix 1.

Appendix

Download a summary of the Energy Toolkit three levels of service by clicking here