Terms and conditions

These are our latest terms and conditions, version v3.7.

Octopus Energy Limited - General Terms and Conditions for energy supply for
Domestic Customers

Last updated on 28th August 2024

Definitions
Application an application for the supply of Energy to the Premises,
completed by you and submitted to us over the internet or
made with us on the telephone or in person, or via a broker
or price comparison site.

Contract the contract under which we supply Energy to the Premises

and includes a Deemed Contract unless otherwise specified.

Contract Start Date the date on which the Contract is entered into by you and us
(and becomes a legally binding agreement).

Deemed Contract a Contract formed between you and us in the circumstances

set out in clause 3

Distribution Network the licensed operator of the distribution system through

Operator or DNO which electricity is supplied to you.

Energy gas or electricity or both: (i) as selected on your Application;

(ii) as supplied under a Deemed Contract; or (iii) as has
otherwise been agreed between you (or any person
authorised on your behalf) and us to be supplied under the
Contract.

Fixed Rate Tariff a plan for the supply of Energy, in which the unit rate
charged is fixed for a period of time as advertised at the time
you sign-up.

Green Deal a UK government initiative that lets people pay for approved
energy saving improvements on their property through their
energy bills.

Green Deal Charge the charges added to your Energy bill if your property has a
Green Deal Plan attached to it.
Green Deal Plan an agreement with a Green Deal Provider to make energy
saving improvements to a property.

Green Deal Provider a government authorised organisation that has entered into
a Green Deal Plan with you, your landlord or a previous
owner or occupier of your Premises.

Metering Equipment the meter and any ancillary equipment which records the
quantity of Energy supplied to the Premises.

Ofgem the Gas and Electricity Markets Authority, which regulates

the gas and electricity markets in Great Britain.

Payment Method the way you choose to pay your bill. This includes standard
direct debit, flexible direct debit, credits for a Traditional
Prepayment Meter, or any other payment method that we
have agreed with you.

Premises the property (including any part of any land, building or

structure) to which Energy will be supplied under this
Contract and at which Energy will be used wholly or mainly
for domestic purposes.

Privacy Policy our policy on how we manage your personal data.

Smart Meter a meter that tells us how much Energy you're using without
us having to visit your property to read it and which can be
operated in prepayment mode (which we call Pay As You Go
or PAYG). It can also show you how much Energy you’re
using and may include an in-home display.

Smart Tariff a contract for the supply of Energy, in which the charges
vary according to the cost of supplying Energy as defined by
a formula that forms part of your Contract, and includes, for
example, our Agile and Intelligent Octopus tariffs. Additional
terms and conditions will apply, which can be viewed here
https://octopus.energy/policies/smart-tariffs-terms-and-
condition/

Statement of Account this documents the charges for that month and your payment
for the supply of Energy to your Premises.
 Supply Start Date the date on which we start to supply Energy as set out in
clause 4, or in clause 3 in circumstances where this Contract
is a Deemed Contract.

Terms and Conditions these general terms and conditions for Energy supply for
domestic customers.

Traditional Prepayment a meter that has to be topped-up in advance in order for the
Meter supply to be made and is not a Smart Meter.

Variable Rate Tariff a contract for the supply of Energy, in which the unit rates
charged may go up or down over time according to market
conditions.

Welcome Pack a pack that is supplied either via email or paper mail, that
includes a letter confirming the address of the Premises that
we will supply, your personal projection from the quote,
contracted tariff information and monthly direct debit amount.

Working Day any day other than a Saturday, a Sunday, or a bank holiday
in England and Wales.

we, us and our in each case refers to Octopus Energy Limited (09263424),
having its registered address at UK House, 5th floor, 164-182
Oxford Street, London, W1D 1NN and includes us supplying
Energy under our other brands including Affect Energy and
Co-op Energy.

you, your and in each case refers to the person or persons named on the
Customer Application, any persons notified to us from time to time and
accepted by us or the person or persons who enter into a
Deemed Contract with us.

1 Introduction
1.1 These Terms and Conditions and our applicable tariff information that you’re
given during your sign-up journey shall form the Contract between you and
Octopus Energy Limited for the supply of Energy to your Premises. The
definitions and explanations at the start of these Terms and Conditions apply.

1.2 Some of our Smart Tariffs have additional terms and conditions that you will
be asked to agree to when you sign up to that particular tariff, which can be
 viewed here https://octopus.energy/policies/smart-tariffs-terms-and-condition/.
Where you have signed up to any additional terms and conditions during your
Application, these will form part of our Contract with you and are in addition to
these Terms and Conditions.

1.3 Please read these Terms and Conditions carefully so that you fully
understand your commitments and our responsibilities.

1.4 We pride ourselves on bespoke customer service, with our customers able to
contact us through phone, email and various social media channels. We are
also available at every level – for example our CEO, Greg Jackson, is publicly
accessible on twitter. However, this approach to customer service does mean
that a very few of our customers sometimes ask for more of our time than
feels fair to our other customers. For those customers who contact us
excessively (being dozens of times in a short period), we reserve the right to
assign a particular named account manager to look after your needs. Whilst
any member of our team will always be available for emergency situations (as
detailed in clause 21), your named account manager will be solely responsible
for responding to all account and non-urgent communications, and you agree
to a reasonable time frame and frequency for these communications.

2 Contract Start Date

2.1 Your Contract with us starts when you accept the Terms and Conditions as
part of our Application process, or in relation to a Deemed Contract the date
when that contract is deemed to take effect in accordance with clause 3.

2.2 Our customer services are designed around using digital communications
(email and online) and this is how we deliver lower prices, more up-to-date
information about your account and a more responsive service. If you do not
have access to digital forms of communication at home, we ask you to find
access wherever possible (for example friends and family). If this is not
possible, please let us know and we will seek to accommodate alternatives
where necessary. If you choose not to use digital communication, you will not
be eligible for our full range of products and services, and you may not benefit
from discounts and other benefits we offer.

2.3 By agreeing to this Contract, you are agreeing that you will:

2.3.1 provide us with meter readings at least every 90 days, or on

reasonable request, or allow us to take readings automatically
through your Smart Meter so that we can provide you with an
accurate bill;
 2.3.2 receive your Statement of Account, with notification of the next
payment amount via email or an alternative method we agree with
you;

2.3.3 pay the charges associated with your Energy supply and tariff under
this Contract;

2.3.4 make any changes to your direct debit and contract changes via
email or via your online account or via the mobile phone application;

2.3.5 keep your personal details (including current email address)

accurate and up to date;

2.3.6 confirm that you are the owner or occupier of, or for any other reason
have responsibility for, the Premises (or will be on the date you want
your supply to start) and

2.3.7 tell us if you change your Premises from domestic to business use
so we can ensure you are on the correct tariff. We reserve the right
to move you onto a non-domestic tariff if this is appropriate.

3 Deemed Contract
3.1 Means a contract between us and you which is deemed to have been formed
because we supply Energy to a property of which you are the owner or
occupier, when you have not actively agreed to that supply by us.

3.2 Instances when this can happen include when:

3.2.1 you move into a property already supplied by us until you agree a
formal Contract with us or appoint a new supplier;

3.2.2 the person who was the named account holder with us moves out of
the property but you remain; or

3.2.3 you exercise your cancellation rights under clause 5.1.

4 Supply Start Date

4.1 We aim to begin the supply to you within 5 Working Days of the day of the
start of the Contract, unless you have specifically requested us to start supply
at a date outside this period.

4.2 We will not be able to begin supply if:

4.2.1 your existing supplier blocks the switch; or

 4.2.2 some part of your account with your previous supplier is in debt; or

4.2.3 we do not have all the information we require in order to complete

your switch, despite us having taken all reasonable steps to obtain
any missing information from you, and where we can’t get the
information from another source; or

4.2.4 your meter is not suitable for the tariff we are to provide; or

4.2.5 any other situation arises which is outside of our control, provided we
have taken reasonable steps to resolve the situation.

5 Your Rights of Cancellation

5.1 Where you have agreed a formal Contract with us, you may cancel it via email
or on our website at any time within the 14 days following the date you
submitted your Application to switch to us (known as the “cooling-off period”).

5.2 If we currently supply Energy to the Premises and you cancel your Contract
with us, we will continue the supply under our Deemed Contract until a new
supplier to the Premises is appointed or you enter into a new formal Contract
with us.

5.3 If you cancel your Contract with us within the cooling off period, you will be
liable for any charges you incur for your supply between the Supply Start Date
until the date your new contract starts.

6 Our Prices and Charges

6.1 Our prices for supplying Energy and any other charges associated with your
tariff will be sent to you via email (or other method we agree with you) where
you have agreed a formal Contract with us and if we have your email address.
Our prices are also available on our website. In the case of a Smart Tariff,
changes to the formula that defines the charges will be sent to you via email
and will be available on our website.

6.2 Our charges are based on the Energy consumed at the Premises as recorded
by the Metering Equipment and calculated, based on a meter reading
supplied automatically from a Smart Meter, or a meter reading provided by
you, or taken by us, or our agents. Or in the event that no meter reading is
supplied, for example if you have a Smart Meter and it stops sending us data,
we will use an estimate.

6.3 The charges to you start from the Supply Start Date.
6.4 We may round calculations to 4 significant figures to present charges clearly.
For example, unit prices may be round to the nearest 0.01p and monthly
amounts may be rounded to the nearest penny.

6.5 Our charges are based on:

6.5.1 A daily standing charge which is a fixed amount;

6.5.2 A single unit rate charge, which is a charge for each unit used under
your agreed tariff for your location;

6.5.3 If you are on a Fixed Rate Tariff the rate(s) will be the one(s) that
applied on the date you signed up, for the duration of that tariff;

6.5.4 If you are on a Smart Tariff or a Variable Rate Tariff, the rate(s) will
be the one(s) that applied at the time Energy was consumed. Where
the formula that calculates your tariff contains a wholesale energy
feed, we take wholesale electricity prices using the EPEX SPOT GB
Day-Ahead auction 30 min from www.epexspot.com/en/market-data
and wholesale gas prices from Marex Spectron every day. In the
event these indices are not available we reserve the right to use an
alternative publicly available source of market data;

6.5.5 If you have an Economy 7 meter or equivalent, your electricity will be

charged at two rates – a higher day rate, and a cheaper night rate.
This night rate will typically apply for a number of hours between
8pm and 8am. The actual times that your night rate applies will
depend on where you live. They are coded into your meter and
should also be written there for you to see; and

6.5.6 In the event that you live in a development supplied by an

independent gas transporter and/or independent distribution network
operator, there may be incremental charges. Depending on your
area, these can include both a fixed amount and unit charge, and we
may pass these charges on to you through your account statement
for payment as a part of your supply.

6.6 We can also charge you for other reasonable costs that aren’t included in our
tariffs under certain circumstances. We will tell you how much such charges
are at the time and will provide a breakdown of the costs if you ask us for one.
These can include costs arising from the following:

6.6.1 Visiting your property and stopping, disconnecting or reconnecting

your supply if you ask us to do it (for example if you want to move
your meter or need to disconnect it temporarily), or to repair damage
caused to the meter;
 6.6.2 Inspecting, testing, replacing or working on your meter if you ask us
to but there’s no problem with it;

6.6.3 Replacing payment cards or keys if you have a Traditional

Prepayment Meter;

6.6.4 Charges we are required to pass on to our customers by law or

regulation or a regulatory authority (such as Ofgem); and

6.6.5 Any reasonable cost we incur (including administration cost)

because you failed to meet the Terms and Conditions of this
Contract.

6.7 VAT is also payable at the applicable rate.

7 Referral Scheme and Other Marketing

Incentives
7.1 From time to time we may offer giveaways, marketing incentives and fun
promotions and offers (“Promotions”). Our Promotions are usually pulled
together quickly and are designed to give customers a bit of fun. These terms
and conditions apply to any Promotions you enter, and we may also have
separate terms for individual Promotions, which we would tell you about at the
time of the Promotion.

7.2 We reserve the right to cancel or amend the terms of any Promotion without
prior notice. In the event of any dispute regarding any aspect of a Promotion,
our decision shall be final, and no correspondence will be entered into.

7.3 Friends and Family Referral Scheme – one of our incentives that may be
available to you is a friends and family referral scheme, which pays a reward
to you – which can be shared with someone you introduce to us once they
have made their first direct debit payment to us and are supplied Energy by
us, subject to eligibility. The default is a 50/50 split of the reward between you
and the friend/family you refer. You may alter this split by contacting us.

7.4 You can refer friends and family through the personalised link that we send
you and which you can find in your online account (“Personalised Link”). If you
sign up through a Personalised Link, we will tell the person whose
Personalised Link you use that you have done so.

7.5 You will not be eligible to refer customers to us under the referral scheme if:

7.5.1 You are not an existing customer of Octopus Energy;

 7.5.2 The person or Premises you refer is an existing customer of Octopus
Energy (including any of its whitelabel brands), or is supplied under
the Bulb energy supply licence;

7.5.3 The person you refer cancels their agreement with us before their
Supply Start Date or their first successful direct debit payment;

7.5.4 The person you refer has been a customer of Octopus Energy within
the last 12 months;

7.5.5 You do not refer a customer to us through your Personalised Link.

Referrals not made through your Personalised Link, for example if
the person you refer signs up through a third party such as a price
comparison site, or which are claimed retrospectively are not eligible
and will not be rewarded; and/or

7.5.6 We have reason to believe you are sending or advertising your

Personalised Link to people who are not known to you or if you are
in any way trying to benefit from our referral scheme on a
commercial basis rather than for personal use. We may review any
account we think might be “taking the mickey” – particularly if we
receive complaints from other customers, or if you have referred
over 10 people in any 12 month period and we reserve the right to
deactivate your Personalised Link or move you to a different
scheme.

7.6 You will only be eligible for a referral reward if you sign up directly online
through a Personalised Link. You will not be eligible for a referral reward if you
sign up via a third party like a price comparison site.

7.7 Octoplus - another of our incentives is our rewards programme, Octoplus.

Separate terms apply to Octoplus, which can be viewed here:
https://octopus.energy/Octoplus-terms-and-conditions/

7.8 If you qualify for more than one type of marketing incentive, we reserve the
right to give you just one incentive. This will be the highest value incentive of
those for which you qualify.

8 Payments
8.1 You are responsible for paying for the supply until your Contract with us ends,
including any charges or debts that remain outstanding at the end of your
Contract which aren’t taken on by your new supplier. If you have entered into
this Contract together with other people, each person will be jointly and
severally liable for any money owed to us.
8.2 The method of payment will be standard monthly direct debit (unless
otherwise agreed with us) and you are responsible for ensuring that the direct
debit can be paid in full on the due date. If you choose not to pay by direct
debit, you may not be eligible for our full range of products and services, and
you may not benefit from our best prices and other benefits we offer.

8.3 If you are struggling to pay, we may install a Smart Meter (which we can
switch into prepayment mode) or switch your existing Smart Meter into
prepayment mode. When paying by direct debit:

8.3.1 you should keep your account in credit and we will track and carry
the balance forward to the next month’s Statement of Account;

8.3.2 we typically set your direct debit amount based on the amount of
energy we think you’ll use across a year divided by twelve;

8.3.3 we aim to review your direct debit at least twice a year and can offer
to reduce your direct debit if it’s too high based on actual meter
readings or we can increase your direct debit if it is too low to help
you avoid building up debt;

8.3.4 we will notify you at least 5 Working Days before the direct debit is
due to come out of your account;

8.3.5 if your direct debit fails due to insufficient funds, we will let you know
and re-present the automated instruction within 5 Working Days;

8.3.6 your direct debit amount will be shown on your statement, and you
should contact us if you believe your bill is incorrect;

8.3.7 if the amount payable is the subject of a bona fide dispute, the
undisputed portion should be paid on your usual direct debit date.
Any disputed amount should be paid via bank transfer within 7
Working Days of the dispute being resolved. No amounts can be
offset or withheld on the monthly direct debit unless a credit note has
been issued;

8.3.8 we reserve the right to refuse to process any transaction we deem

fraudulent or suspicious.

8.4 We typically ask for a deposit or payment in advance of connecting your

supply. The amount to be paid may be based on your credit history according
to a credit reference agency. We may require you to have someone else act
as guarantor for your payments. We won’t require you to pay a security
deposit if you are on a Traditional Prepayment Meter or have a Smart Meter
 operating in prepayment mode. We may install a Smart Meter that we can
read if you don’t already have one.

8.4.1 If we do ask you to make a payment to credit your account before

you come on supply, we will periodically review your account and
may reduce your credit balance as you build a payment history with
us;

8.4.2 If we have agreed to supply you on the basis that your payments will
be guaranteed by another person (a guarantor) and that person no
longer wishes to stand as a guarantor for you, then we reserve the
right to switch your Smart Meter into prepayment mode (and we may
install a Smart Meter for you if you don’t already have one), or end
this Contract, in which case you will be supplied under a Deemed
Contract unless we agree a different Contract with you.

8.5 We will act in accordance with the Direct Debit Guarantee.

8.6 When the Payment Method is by Traditional Prepayment Meter or Smart

Meter (in prepayment mode):

8.6.1 You must top-up your meter in advance in order to receive the
supply;

8.6.2 You may be required to pay any additional charges for any additional
services we may provide such as replacement keys, cards etc; and

8.6.3 We may adjust your payments to recover any charges that you owe,
and not just the costs of Energy consumed. In this event we will
advise you of the proportion of each top-up amount that will be used
as payment for such charges.

8.7 If you have a Traditional Prepayment Meter or a Smart Meter operating in

prepayment mode, you will be placed on our prepayment rates, which may
cost more per unit of Energy consumed than our other tariffs.

8.8 We will not try to recover charges for your Energy that are older than 12
months unless we have already tried to recover these charges, or you have
behaved obstructively or unreasonably.

8.9 If you do not pay by direct debit and do not have a Traditional Prepayment
Meter or a Smart Meter operating in prepayment mode, you will still be
responsible for paying for the supply in full each month by an alternative
Payment Method agreed with us.
8.10 If you request a refund of credit on your account, you must have provided us
with recent meter readings, unless you have a Smart Meter that we can
collect readings from remotely. We will only be able to give you a refund if this
will not cause your account to fall into debt. We’ll always try to refund back to
the latest source of funds first and in proportion to the funds received - e.g. if
your most recent payment was a card payment and before that a direct debit
payment, we’ll refund the amount that was paid on that card first, and then
refund back to the bank account you paid your direct debit from if there is
surplus. We may in certain circumstances need to refund by cheque.

8.11 If we think a refund request is suspicious or potentially fraudulent, we may

refuse to process the refund until we are confident the request is legitimate, in
order to protect your account and help us combat fraud and money
laundering.

8.12 If we take over your energy supply because Ofgem gives a “Last Resort
Supply Direction" and appoints us to be your new supplier, and if we had
committed to do so with Ofgem before we were appointed, then if you had a
credit balance with your previous supplier, we will honour this credit balance.
We may need to get in touch to check certain information with you about this.

9 Non-Payment of Charges
9.1 If you do not pay your bill on time, we may:

9.1.1 Require that you bring your account into good order and we may
change the nature of your direct debit arrangement so that it collects
the full amount of your bill each month plus any debt outstanding on
your account rather than just a fixed amount;

9.1.2 Change the amount of your fixed direct debit or adjust the debt
recovery rate on your Traditional Prepayment Meter or Smart Meter
operating in PAYG mode to recover the sums due to us;

9.1.3 Require you to pay a security deposit;

9.1.4 Obtain a warrant to enter your Premises and replace your existing
meter with a Smart Meter;

9.1.5 Switch your existing Smart Meter into prepayment mode to recover
any outstanding balance and help manage your future payments;

9.1.6 Offer you a payment plan according to your circumstances;

9.1.7 Charge you £15 for the first missed payment and £20 for each
missed payment after that;
 9.1.8 Take such steps as are necessary to recover the sums due to us,
which may include employing a debt collection agency;

9.1.9 Provide information about your non-payment to credit reference

agencies, which may impact your ability to get credit in the future;

9.1.10 Recover from you all costs incurred by us in pursuing your non-
payment, including bank charges due to cancelled or failed
payments, the cost of visiting you, including through any debt
collection agency, getting a warrant to enter your property and
installing a Smart Meter which we can switch into prepayment mode;

9.1.11 Charge interest at the rate of 4% above the Bank of England Bank
base rate at the relevant time on all outstanding charges from the
date the charges first became overdue until the date you make
payment of such charges;

9.1.12 Disconnect the supply in accordance with clause 14; and/or

9.1.13 Object to you switching to another supplier until you’ve paid your
outstanding balance.

9.2 If you are having difficulty in paying your bill, please let us know as soon as
possible and we can discuss ways that might help make paying your bills
more manageable. You can contact us by any of the ways on our website,
www.octopus.energy/contact-us, and we will provide all such help and
assistance as we can in order to avoid disconnecting your Energy supply.

10 Changing the Contract

10.1 We can change the terms of your Contract at any time, which may include
situations where it is necessary for us to comply with any laws, or other rules
that we are obliged to follow.

10.2 We will inform you of any changes and the latest copy of our Terms and
Conditions will be available on our website.

10.3 We will not change the prices applicable to your Contract while you are on a
Fixed Rate Tariff.

10.4 If we propose to make changes to your Contract that are not to your
advantage (including increasing charges or changes to a Smart Tariff formula
that results in higher charges) we will give you reasonable notice of the
changes. If you do not agree with the changes, you can switch to another
supplier or end this Contract and start a new Contract with us without penalty.
This does not apply at the end of a Fixed Rate Tariff, where clause 12 will
 apply, or if we change your payment method in accordance with your
Contract.

11 Ending the Contract

11.1 You may end this Contract by giving us advanced notice, provided that:

11.1.1 Either another supplier takes over supplying Energy to the Premises
by the end of your notice period, or the supply has been
disconnected by this date; and

11.1.2 All sums due by you to us have been paid.

11.2 We may end this Contract immediately if:

11.2.1 You are in material breach of the Contract;

11.2.2 You did not pay us what you owe us when it was due;

11.2.3 You no longer own or occupy the Premises; and

11.2.4 We no longer have the relevant licences to supply your Energy.

11.3 This Contract will terminate immediately if Ofgem gives a “Last Resort Supply
Direction" to another supplier in respect of the Energy in relation to the
Premises.

12 Fixed Rate Tariff Contracts

12.1 When your Fixed Rate Tariff ends, unless you choose to move onto a new
Fixed Rate Tariff, Variable Rate Tariff or Smart Tariff, subject to availability
and at our discretion, we will automatically transfer you to either:

12.1.1 the cheapest Variable Rate Tariff; or

12.1.2 a Fixed Rate Tariff that is cheaper than (or as cheap as) our
cheapest Variable Rate Tariff,

in each case calculated based on our estimate of your annual consumption

and as appropriate for your payment method, meter type and other relevant
account arrangements.

12.2 If you move onto a new Fixed Rate Tariff when your previous Fixed Rate
Tariff ends, we’ll start a new Contract based on the new Fixed Rate Tariff on
the date the old one ends.
13 Moving House
13.1 If you are moving and request us to supply Energy to your new premises, we
will cancel your existing Contract and provide a new Contract appropriate to
your new premises.

13.2 If you are moving and do not request us to supply Energy to your new
premises, we will cancel your existing Contract within 2 Working Days’ of the
day you move, according to what you tell us, or two Working Days’ notice
from when another person begins to occupy the Premises.

13.3 If you are moving and do not tell us, we will terminate your existing Contract
with effect from the date when a new owner or occupier starts taking a supply
at the Premises.

13.4 If you move premises you must tell us within 28 days of moving out.

14 Disconnection
14.1 We can suspend or disconnect the supply if:

14.1.1 You have not paid your bill on time;

14.1.2 You are in material breach of the Contract;

14.1.3 We have reason to believe your Metering Equipment may have been
damaged or tampered with; and/or

14.1.4 We are required to do so by any law, code or agreement.

14.2 If we disconnect the supply, you are required to pay:

14.2.1 Our reasonable costs to disconnect the supply; and

14.2.2 Our reasonable costs to reconnect the supply.

14.3 We will take all reasonable steps not to disconnect your supply in winter
(October to March) if you are on our Priority Services Register or if we
otherwise know that the occupants of the Premises are of pensionable age,
disabled or chronically sick.

15 Metering Equipment
15.1 The volume of Energy supplied to the Premises is measured by the Metering
Equipment installed on the Premises. This meter (and any in-home display
 that may be installed along with the meter) is the property of the meter
provider and your usage of this is covered in the standing charge.

15.2 You are required to take reasonable steps to ensure that the Metering
Equipment is protected and not damaged or interfered with in any way and to
notify us should any damage or interference occur.

15.3 Unless your meter is a Traditional Prepayment Meter or a Smart Meter which
we are able to communicate with remotely, you are required to provide us with
a meter reading each month at a specified time.

15.4 We, or our agents, will periodically visit the Premises to take a meter reading
(if you don’t have a Smart Meter that we can read remotely) and/or to carry
out a safety inspection of our Metering Equipment.

15.5 If you have a Smart Meter at the Premises that was installed by a previous
supplier, we’ll endeavour to keep it in smart mode, but we may have to treat it
as a traditional meter until such time as we notify you otherwise or we arrange
to install a replacement Smart Meter.

16 Access and Smart Meters

16.1 You agree to give us or our agents access to the Premises and the Metering
Equipment at reasonable times for the following purposes:

16.1.1 To take a meter reading;

16.1.2 To carry out a safety inspection;

16.1.3 To install, replace, test or reposition the Metering Equipment;

16.1.4 To disconnect the supply;

16.1.5 To reconnect the supply; and/or

16.1.6 To install a Smart Meter.

16.2 If you do not have a Smart Meter at your Premises, we may install one for
you. We will arrange an appointment with you for installation. If you repeatedly
refuse to allow us to install a Smart Meter, you may not be eligible for our full
range of products and services, which may include specific Smart Meter tariffs
which may be cheaper.

16.3 If you have a Smart Meter that we can read without visiting your property, you
agree that we can:

16.3.1 Use the Smart Meter to remotely monitor your Energy usage;
 16.3.2 Remotely repair and update the Smart Meter;

16.3.3 Switch it from credit to prepayment mode or disconnect your supply

(we would notify you before this happens and this would only be in
the case where you have not been paying for your Energy and our
attempts to recover unpaid amounts have failed);

16.3.4 Collect information about how your Smart Meter is working, for
example to see if it has any faults or has been tampered with;

16.3.5 Use information from your Smart Meter to do certain things, such as
work out your bill and tailor our service and products to suit you
better. We will only use this information to offer you products or
services if you have given us your permission to do so;

16.3.6 Take half hourly meter readings, provided you have consented, or
where you have not consented to half hourly readings, we may take
daily reads, providing we have notified you in advance, or monthly
reads in all other circumstances. We will have let you know in writing
your consent options either during your sign-up process, during the
installation of your Smart Meter, or at the point we became aware
you had a Smart Meter already installed from a previous supplier.
You can change your frequency preferences at any time in your
online account, which is signposted in every email communication
you receive from us, or by contacting us by any channel. If you are
on one of our half hourly tariffs such as Agile Octopus, you will need
to agree to us taking half hourly meter readings to be eligible for
such tariff; and

16.3.7 Take a meter reading at any other time where we are permitted to by
Ofgem, such as to provide you with a bill or investigate a query on
your account.

16.4 We will only use the information we collect from your Metering Equipment in
line with our Privacy Policy.

16.5 You must tell us straight away if your Metering Equipment is damaged or
stolen, stops working properly or if you think it has been tampered with.

16.6 You must not remove your Metering Equipment without our permission, and
we may recover any Metering Equipment we have provided you with if our
agreement with you ends.

17 Green Deal
17.1 These extra conditions apply if there is a Green Deal Plan attached to your
Premises.

17.2 You agree to pay us the Green Deal Charges for your Premises from the date
that we begin supplying electricity to your Premises, whether under a Deemed
Contract or a formal Contract. We will collect these charges through your
Energy bill, or if you pay through a Traditional Prepayment Meter, through
your meter.

17.3 You agree to pay the Green Deal Charges for your Premises even if you did
not enter a Green Deal Plan yourself, for example if your landlord or a
previous owner or occupier entered into a Green Deal Plan for your Premises.

17.4 Green Deal Charges are separate from any charges for the Energy you use.
Our tariff prices do not include Green Deal Charges, and these will be added
to your bill separately.

17.5 We will send your Green Deal Charges to the relevant Green Deal Provider
on your behalf.

17.6 We will tell you what your Green Deal Charges will be before we start taking
them. You can see what Green Deal Charges you pay by looking at your
Energy bill or Statement of Account.

17.7 You agree to pay your Green Deal Charges through the same Payment
Method which you choose to pay for your Energy.

17.8 If you do not pay your Green Deal Charges, we will have the same rights as if
you owe us any other amounts under these Terms and Conditions or under a
Deemed Contract with us.

17.9 If you owe us any money which includes Green Deal Charges and we receive
a part payment from you, we will pay off the Green Deal Charges in proportion
to the overall debt.

17.10 We can collect information about you to manage your Green Deal Plan, for
example your name, contact details and information about the Energy supply
at your Premises. We can also get this information from your Green Deal
Provider or others involved in your Green Deal Plan. We may share the
information we hold on you with others involved in your Green Deal Plan,
including the Secretary of State.

17.11 If you change your energy supplier, your responsibility for paying the Green
Deal charges still continues and your new supplier will take over collecting
these from you with effect from the date that you leave us.
18 Complaints
18.1 If you submit a complaint, we will follow the complaints policy on our website:
www.octopus.energy/unhappy.

18.2 If you need independent advice at any time you can contact Citizens Advice
by phone on 03454 040506 or visit their website at
www.citizensadvice.org.uk/energy/. Their service is free, independent and
confidential. Or if you live in Scotland, you can contact Advice Direct Scotland
by visiting their website, https://energyadvice.scot/ or contact them by phone
on 0808 196 8660.

18.3 When you submit a formal complaint, we will do everything in our power to
resolve the issue.

18.4 If we cannot find a mutually acceptable solution, we will write to you to explain
our position and our best offer. This is known as a deadlock letter.

18.5 In the event of you not wanting to accept the suggestion in the deadlock letter,
or if the issue has dragged on for more than eight weeks, you can then refer
the issue to the Energy Ombudsman.

18.5.1 You can contact the Energy Ombudsman by phone on 0330 440
1624, by email at osenquiries@os-energy.org or through their
website, www.ombudsman-services.org/energy.html. Alternatively,
you can write to them at Ombudsman Service: Energy, PO Box 966,
Warrington, WA4 9DF;

18.5.2 The Ombudsman will undertake a full review of your concerns and of
the actions that Octopus Energy took in order to try to get to a
resolution. This is a free and independent service;

18.5.3 Their decision is binding for us but not for you.

18.6 More information on your rights can be found in the ‘Know your Rights’
document on the Citizens Advice website.

19 Your Information
19.1 We agree that we will use any personal data that you provide to us in
accordance with our Privacy Policy, which is available on our website at
www.octopus.energy/policies/privacy-policy. We may run checks on you (and
anyone else also responsible for payment) at Credit Reference and Fraud
Prevention agencies, initially and periodically to help us assess your ability to
pay for your Energy bills. When we run this check, the credit reference agency
 will record the fact that a check was made (even in the event that you do not
become an Octopus Energy customer).

19.2 If you have an account with us, we will routinely share information about your
payment record with credit reference agencies. If we consider that your
account is in default (i.e. you have not paid us and are in breach of your
Contract) we will notify you and if you do not pay us, we will report the unpaid
debt to credit reference agencies who will record that default on your credit
file.

19.3 If you want to see what information credit-reference and fraud-prevention

agencies have about you, you can contact the following UK agencies. They
will charge you a small fee.

TransUnion International UK Limited

One Park Lane
Leeds
West Yorkshire
LS3 1EP
Phone: 0330 024 7574
Website: www.transunion.co.uk/consumer/consumer-enquiries

Experian Limited
Consumer Help Service
PO Box 9000
Nottingham
NG80 7WP
Phone: 0344 481 0800 or 0800 013 8888
Website: www.experian.co.uk/consumer/contact-us/index.html

Equifax Limited
Customer Service Centre
PO Box 10036
Leicester
LE3 4FS
Phone: 0333 321 4043 or 0800 014 2955
Website: www.equifax.co.uk/Contact-us/Contact_Us_Personal_Solutions.html

19.4 If you tell us, or we believe that you or another member of your household are
in need of extra care, we will record that information and store it on our
Priority Services Register in order to ensure you get the service you need.
The extra care might be because of your age, health, disability or financial
 circumstances, or it could be because you are vulnerable for another reason.
This is in line with Energy UK’s ‘safety-net procedures’. More details can be
found in our ‘Support for Vulnerable Customers’ code of practice on our
website at www.octopus.energy/policies/extra-support.

19.5 We will always process personal data fairly and lawfully in accordance with
your rights. This means that we will not process your personal data unless
you have consented to this happening or where we have another legitimate
basis for doing so. The processing of all data will always be necessary to
provide our product and services and will not unduly prejudice your privacy.

19.6 It may be necessary to share your data with third parties, including any
partner if you are served under a whitelabel supply arrangement, in order to
process your data and comply with industry obligations.

19.7 We will ensure that any personal data we process is accurate, adequate,
relevant and not excessive, given the purpose for which it was obtained. We
will not process personal data obtained for one purpose for any unconnected
purpose unless you have agreed to this or would otherwise reasonably expect
this. You may also ask that we correct inaccurate personal data relating to
you.

20 Our Liability
20.1 We will not be liable to you for:

20.1.1 Any loss due to circumstances beyond our control (Force Majeure
event);

20.1.2 Any loss which is indirect, consequential, economic or financial

including loss of profit, revenue, goodwill, business, contractor
wasted expenses;

20.1.3 Any loss which was not or could not have been reasonably foreseen
even if we, our employees, subcontractors or agents did not follow
this Contract; or

20.1.4 Any loss caused to you by the gas transporter or the DNO in excess
of the amount we are entitled to recover from the gas transporter or
the DNO on your behalf.

20.2 If you suffer any loss or damage, our responsibility to you will be limited to a
maximum of £25,000 in any calendar year.

20.3 We do not limit or exclude liability for death or personal injury caused by our
negligent acts or omissions.
21 Safety and Emergencies
21.1 You must tell your DNO immediately if you become aware of any matter or
incident which;

21.1.1 Affects or is likely to affect the security, availability and quality of the
service of the distribution network; or

21.1.2 Causes danger or requires urgent attention regarding the supply or

distribution of electricity.

21.2 If you suspect or are aware of a gas leak you must immediately telephone the
Gas Emergency Number 0800 111 999.

21.3 If you have caused a stoppage, limitation or disconnection then you may have
to pay a reasonable charge to restore your gas/electricity supply.

22 National Terms of Connection

22.1 As your supplier we are acting on behalf of your network operator to make an
agreement with you. The agreement is that both you and your network
operator accept the National Terms of Connection (NTC) and agree to keep to
its conditions. The NTC is a legal agreement. It sets out rights and duties in
relation to the connection at which your network operator delivers electricity to
or accepts electricity from your home or business. If you want a copy of the
NTC or have any questions about it, please write to: Energy Networks
Association, 6th Floor, Dean Bradley House, 52 Horseferry Road, London
SW1P 2AF: phone 0207 706 5137, or see the website at
www.connectionterms.co.uk.

22.2 You can find the postal address and telephone number of your electricity
network operator on your welcome letter and annual statements.

23 General
23.1 We may transfer, subcontract, assign or novate any or all of our rights
(including the right to recover the charges) or obligations under the Contract
without your consent, but this will not affect your rights under the Contract.

23.2 You may not transfer the Contract or any of your rights under it without first
obtaining our written consent.

23.3 If we do nothing, or delay taking action, when you breach the Contract, we will
still be entitled to take action at a later date if we choose to.
23.4 Notices to you under this Contract will be sent by post or hand to the billing
address, or in the case of email to the last known email address that you have
provided. We will treat such notices as having been received 2 Working Days
after we have sent it to you, unless we receive evidence to the contrary.

23.5 Notices to us under the Contract must be sent by post to Octopus Energy Ltd,
UK House 5th Floor, 164-182 Oxford Street, London, W1D 1NN.

23.6 If any part of this Contract is declared invalid or is void or unenforceable, the
validity of the rest of the Contract will not be affected.

23.7 The laws of England and Wales apply to this Contract if the Premises are in
England or Wales. If the Premises are in Scotland, Scottish law shall apply.
Any disputes arising shall be dealt with exclusively by the English or Scottish
courts as applicable.