E.ON Touch terms and conditions

This is a contract for the provision of E.ON Touch hardware to be installed at your home and for the downloading and use of E.ON Touch software and services.

E.ON Touch hardware sitting on a reflective table surface

‘We’, ‘us’ or ‘our’ means E.ON Energy Solutions Limited and ‘you’ or ‘your’ means the person receiving E.ON Touch hardware, software and services.

Full use of E.ON Touch comes from both hardware and software. Hardware refers to the relay, room sensor and the gateway which is what will be installed into your home. The software refers to the mobile app, which requires you to have an E.ON online account.  Services include maintaining data communications and other support.

Your warranty for the hardware can be found in your user handbook that was left at the point of installation. Warranty period in this contract refers to 12 months starting from installation of the hardware.

 

 

1) Your responsibilities

Before installation

1.1) Before we install the E.ON Touch hardware you must ensure that:

A) there is a mains gas supply and a gas central heating system at your home;

B) your broadband internet connection is sufficient to support the E.ON Touch hardware; (you can see the minimum system requirements at  eonenergy.com) and

C) your mobile phone is compatible with E.ON Touch software and you have a valid data plan if you intend to access the E.ON Touch mobile app outside of a Wi-Fi connection (you can see the minimum system requirements at eonenergy.com).

1.2 If you are a tenant, you may need your landlord’s permission to carry out the work required to install your E.ON Touch hardware. It is your responsibility to obtain this permission prior to the installation. Unless you tell us otherwise, we’ll assume that you have this permission and we will not be responsible if we carry out work and you don’t have your landlord’s permission. You’ll also be responsible for any losses that we suffer as a result of you failing to get your landlord’s permission.

Using E.ON Touch

1.3 You agree to use E.ON Touch hardware, software and services only in accordance with the user handbook provided. We are not liable for any costs, losses or damage that you suffer as a result of not doing so, or as a result of a problem caused by your mobile phone, computer or internet connection.

1.4 You are responsible for any costs that you incur as a result of exceeding the permitted data limit on your broadband or mobile phone data plan.

1.5 You are responsible for any loss or damage caused as a result of any unauthorised downloading or upgrading the software connected to E.ON Touch unless this is caused by our negligence.

1.6 You are responsible for restricting access to your mobile phone, tablet and/or computer to prevent unauthorised use of your E.ON Touch account and we advise you to keep your log-in details secret and to use pin protection on your mobile phone to prevent unauthorised use of your E.ON Touch account. We are not liable for  any cost, loss or damage that you suffer as a result of any unauthorised use of your E.ON Touch account (e.g. if your mobile phone or log-in details are lost or stolen).

If you believe that someone has gained unauthorised access to your E.ON Touch account, you can report this to us on 0345 301 5316 (phone lines are open Monday to Friday, 8am to 8pm and Saturdays, 8am to 12pm) and we’ll do what we can to help you reset your log-in credentials.

1.7 You are responsible for replacing the batteries for E.ON Touch. Remember, batteries and waste electrical products shouldn’t be thrown out with your household rubbish. Please recycle them. Ask your local authority for advice and details of recycling facilities near you or visit the Recycle More website at recycle-more.co.uk

1.8 You are responsible for informing us when you plan to move out of a home with E.ON Touch as you will not be able to take any hardware with you. See clause 7 “moving home.”

1.9 E.ON Touch is intended for domestic use only.

 

2) Our responsibilities

Installation

2.1 We will provide, install and configure your E.ON Touch hardware at your home.

2.2 We, or a sub-contractor acting on behalf of E.ON Energy Solutions Limited, will contact you to confirm an appointment time to install your E.ON Touch hardware.

2.3 We’ll install your E.ON Touch hardware during normal working hours which are 8.00am to 6.00pm Monday to Friday. You’ll need to ensure that you, or someone over the age of 18, is at your home for the duration of the appointment as we’ll need access to your home at all times whilst E.ON Touch hardware is being installed.

2.4 If you cancel the appointment with less than one working days’ notice or we are unable to gain access to your home to carry out the installation or we’re unable to complete the installation of your E.ON Touch hardware because you’ve not complied with your responsibilities set out in Clause 1, we will make a further appointment with you to complete the work at no extra cost.  However, if you don’t keep to the agreed appointment time for the installation or the installation can’t be completed on more than two occasions, we’ll charge you for the installation and we may cancel this contract as described in Clause 6.

2.5 We’re not responsible for any delay caused to your installation due to you cancelling an appointment, us being unable to gain access to your home, or as a result of adverse weather conditions or any other circumstances beyond our reasonable control.

2.6 We may use sub-contractors to carry out work on our behalf. All sub-contractors are approved by us and have undergone training recommended by us. All of our sub-contractors carry identity cards.

2.7 The installation, including any repairs or replacements fitted, of your E.ON Touch hardware (including removing or dismantling existing fixtures and fittings) may cause some damage to the decoration and finish of your home. We will take reasonable care to carry out the installation or repairs without causing any damage to your home and we will make good damage that is caused by our negligence, however, any repairs or redecoration after we finish the initial installation is your responsibility.

2.8 If we need to connect new equipment to your existing central heating system, we’ll not be responsible for the cost of repairing or replacing parts of your existing system as a result, unless we have been negligent in not realising that installing E.ON Touch hardware may cause damage or the way in which we did the work caused the fault. We will not be responsible if your central heating system does not work properly because your water supply becomes inadequate or the water pressure varies.

2.9 All engineers reserve the right not to complete an installation if they feel that their or the occupier’s personal safety is at risk.  If the installation would breach any regulations relating to electrical standards or gas safety, the installation will not take place, in this case a refund will be provided.

2.10 The price of E.ON Touch does not include the cost of removing any dangerous waste materials, such as asbestos, which we become aware of when doing the work. You can call a specialist contractor to remove these dangerous materials. When asbestos is removed you’ll need to produce a certificate declaring the site is fit for re-occupation before we can continue to work at your home, which you can obtain from the asbestos removal company.

Updates

2.11 From time to time we may need to update your E.ON Touch software and/or the firmware on the gateway. If your own equipment (such as your mobile phone) does not support this upgrade, this could affect the functionality of E.ON Touch by preventing you from using the app fully. We recommend that you always keep the E.ON Touch app and your mobile phone’s operating system up to date.

2.12 The E.ON Touch website, mobile app and services may be temporarily unavailable if we have to carry out routine or emergency maintenance. We’ll try to inform you in advance but it may not always be possible to do so. During maintenance the remote control function and the ability to amend schedules may not be available but you can still control the temperature of your heating using the controls in your home. Any schedules previously set up will continue to run.

2.13 The E.ON Touch hardware and software allows us to monitor when your heating is switched on or off and to determine what temperature the heating system is set to during different periods of the day.  We can use this information to check how the controls on your boiler are working and may contact you, in accordance with our Privacy Policy (which forms part of this contract) if we think your system isn’t working as effectively as it could. Our Privacy Policy can be found at eonenergy.com/privacy.

Repairs and warranty

Your warranty information was included in the user handbook left with you when E.ON Touch was installed.

2.14 If your E.ON Touch develops a fault you should call us to report this 0345 301 5316 (phone lines are open Monday to Friday, 8am to 8pm and Saturdays, 8am to 12pm).

2.15 We will use reasonable endeavours to contact you and carry out any repairs, but if you cancel the appointment with less than 1 working day’s notice or we are unable to gain access to your home to carry out the repairs or we’re unable to repair your E.ON Touch because you’ve not complied with your responsibilities set out in Clause 1, we will make a further appointment with you to complete the work at no extra cost.  However, if you don’t keep to the agreed appointment time for the installation or the installation can’t be completed on more than two occasions, we’ll charge you for the repair and we may cancel this contract as described in Clause 6.

 

3) Liability

Liability

This section covers what we will do and what we won’t do if things go wrong.

3.1 We accept full legal responsibility for death or injury caused by us or our agents because of their negligence, or because we have acted fraudulently.

We are not liable for:

-any harm you experience that, when we agreed this contract, we could not have reasonably expected.

-damage which is beyond our reasonable control however it was caused.

3.2 Our maximum aggregate liability in contract, tort or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with this contract is limited to £1,000,000.

3.3 We will not be responsible if we can’t fulfil the contract for reasons which are beyond our reasonable control, such as acts of God, fire, accidents, poor weather conditions and industrial disputes which we’re not directly involved in.

 

4) Paying us

If you choose to pay for E.ON Touch in instalments

4.1 You agree to pay an initial installation fee in full at point of sale before your installation and then 3 equal quarterly payments (the “E.ON Touch Charge”). Your E.ON Touch Charge is due and payable on the chosen date every 3 months from initial purchase and you agree to pay us by Continuous Payment Authority (CPA).The CPA uses either the card linked to your bank account or a credit card and allows us to charge the agreed amount at regular intervals. No other payment methods will be accepted.

4.2 After you purchase E.ON Touch we’ll send you an email confirming your Continuous Payment Authority arrangement. Please check the details in this email and contact us within 10 working days on 0345 301 5316 (phone lines are open Monday to Friday, 8am to 8pm and Saturdays, 8am to 12pm) if we’ve got anything wrong.

4.3 Your E.ON Touch charge will be debited from your debit card or credit card on the date agreed with you. Your E.ON Touch customer reference number (CRN) will be used as the reference. If your bank account details change, you are issued a new card, or your card expires it is your responsibility to notify us by calling 0345 301 5316 (phone lines are open Monday to Friday, 8am to 8pm and Saturdays, 8am to 12pm).

4.4 If you have any queries about your payments please contact us 0345 301 5316 (phone lines are open Monday to Friday, 8am to 8pm and Saturdays, 8am to 12pm).

Non-payment

4.5 If our Continuous Payment Authority request is returned unpaid from your account, we’ll contact you to discuss how you wish to make the missed payment. Your bank or card provider may charge you for this and we’ll not be responsible for this.

4.6 If our Continuous Payment Authority request is returned unpaid or it is cancelled (either by you or us) we’ll let you know that a payment has been missed. If no contact has been made after 14 days then we’ll suspend access to E.ON Touch software. This means you’ll no longer be able to access E.ON Touch mobile app. All heating and/or hot water controls within your home will be unaffected but you will lose access to your scheduling.

4.7 If your Continuous Authority is cancelled (either by you or us) you will be sent an invoice for the amount outstanding. This is payable in full and access to the E.ON Touch software will not be reinstated until this is settled.

4.9 Six months after suspension we will deactivate your E.ON Touch account and you may need to pay a fee to reactivate it.

 

5) Ending this Contract

Cooling off

5.1 You are entitled to cancel this contract and request a refund if you bought E.ON Touch directly from E.ON (via the telephone or web) providing that you contact us to cancel no more than 14 days after you bought E.ON Touch. This is called your “cooling off period”. If you ask us to install E.ON Touch before the cooling off period ends and then cancel, we can charge you for any work we carried out before you told us you were cancelling. If you wish to cancel you can call us on 0345 301 5316 (phone lines are open Monday to Friday, 8am to 8pm and Saturdays, 8am to 12pm) or by filling out the cancellation form contained in this contract.

Cancellation

5.2 We may cancel this contract if you fail to comply with any of your obligations under this contract. This will mean that you will no longer have access to E.ON Touch mobile app and/or E.ON Touch may underperform or fail service leaving no access to the mobile app and scheduling functions. In these situations no refund will be given.

5.3 We may cancel this contract for any reason at any time by giving you written notice. The cancellation or changes will apply immediately. If we cancel this contract for a reason other than because you don’t keep to the terms outlined in this contract we’ll give you a full refund and we’ll pay you any reasonable costs you incur (e.g. removal of hardware) up to the value of £49.99, as a direct result of the cancellation within the warranty period.

5.4 If you cancel this contact with us within 12 months of the purchase date or we cancel this contract because you don’t keep to the terms of this contract, we may charge you the amount that is outstanding and take appropriate action to collect this balance. This may include passing your data to third parties who will act on our behalf.

 

6) Moving home

Moving home

6.1 You must inform us when you are going to move out of your home. This is so we can ensure your heating set up will work for the next occupant. You should contact us on 0345 301 5316 (Phone lines are open Monday to Friday, 8am to 8pm and Saturdays, 8am to 12pm) to inform us of your home move so that the account can be deactivated.

6.2 Your E.ON Touch is part of your home heating system. It is not possible to reinstall any of the equipment at another property and it must be left at your old home when you move out. This includes all equipment installed and any components that came with it, such as the gateway.

 

7) Personal data

Personal data

7.1 Our Privacy Policy gives you more information about how we use your personal data. You can see it at eonenergy.com/privacy.

Using personal data to manage your account

7.2 We will use personal data we hold about you (including data obtained from your smart meter) and any data we obtain from other organisations to manage your account.

7.3 If your contract with us is with more than one named person we will hold personal data in a common record. You need to get the other named person’s agreement before you give us information about them.

7.4 In addition to using your personal data to manage your account, we may use it:

- to assess whether you may have problems paying your bills, which we do by checking our own records and those held by our credit reference agencies. This includes using automated credit scoring systems;

- to provide you with tailored energy efficiency advice;

- for research purposes.

7.5 We may monitor and record our conversations with you for security, for example as evidence you have entered into a contract with us, and also for training purposes and to help improve the quality of our services. We won’t record information such as credit or debit card details.

Sharing your data

7.6 We’ll obtain information from different sources, including our partners, other organisations involved in servicing your account and information in the public domain.

7.7 We will match this data with our own to help ensure the data we hold about you is accurate and up to date.

7.8 We’ll share your personal data with:

- other people where you have authorised us to, or where they are named on your account;

- credit reference agencies, in order to cross check your details;

- credit reference agencies, to inform them about how you manage your account and whether you have any outstanding debt. They may then share this data with others for credit checking purposes;

- social services or other agencies if we think you need additional support;

- other Energy suppliers, landlords or housing associations if we or another organisation suspects the Property is connected with fraud;

- debt collection agencies;

- organisations who are providing you with a service, for example to provide you with Green Deal, enable you to compare your energy consumption with similar homes, or offer you rewards;

- organisations who are carrying out research for us.

7.9 We will not share your personal data with social networking sites or other online media without your permission. You are responsible for all personal data you share with us through social media.

7.10 Some of the organisations we share information with may be outside the European Economic Area. We’ll make sure there is adequate protection for your data to similar standards we have in the United Kingdom.

Your rights

7.11 You can get a copy of the personal data that we hold about you. We may charge you a fee for this.

7.12 If you believe that any of the information we hold about you is inaccurate or out-of-date, you need to let us know as soon as possible so that we can bring our records up to date. To do this, or for more information, you can contact us 0345 059 9905.

 

8) Other terms

Other terms

8.1 We can change the terms of this contract at any time. We’ll let you know if we make a change and put the changes on our website at eonenergy.com. If you are not happy with the change, you can cancel this contract us by 0345 301 5316 (phone lines are open Monday to Friday, 8am to 8pm and Saturdays, 8am to 12pm). We may charge you the amount that is outstanding and take appropriate action to collect this balance. This may include passing your data to third parties who will act on our behalf to collect payment from you.

8.2 If we fail to deliver the standard of service you expect, we want to know about it so that we can put it right.

Step 1 If you wish to dispute anything in this contract or wish to make a compliant regarding E.ON Touch, please contact our E.ON Touch Team on 0345 301 5316 (Phone lines are open Monday to Friday, 8am to 8pm and Saturdays, 8am to 12pm).

Step 2 If our E.ON Touch Team are unable to resolve your query; please ask to speak to a manager. They will independently assess your complaint and do all they can to resolve things to your satisfaction.

Step 3 We would very much hope that your query will have been resolved by this stage, however, if you are still dissatisfied you can write to our Customer Service Director at E.ON, PO Box 9069, Nottingham, NG1 9BU.

8.3 Nothing in your Contract affects any legal rights you have.

8.4 We may transfer this contract to another company. If we do, it won’t affect your rights to end the contract. We will share your personal data with the new company to enable them to continue offering the service.

8.5 If your contract with us is with more than one named person, you will all be responsible both together and individually for any money owed to us.

8.6 If a court of law decides that one or more of the terms in this contract is not valid, the remaining terms and conditions will still apply.

8.7 Most of E.ON’s telephone numbers start with 0333 or 0345, which means your calls will be charged at the local rate even where you contact us from your mobile phone. Most of our phone lines are available to take your calls Mon-Fri 8am-8pm and Sat 8am-12pm. We may change our opening hours from time to time.