“Accrued Charges” means any costs, expenses or liabilities of any kind incurred by Energia as a result of Energia forward purchasing or hedging tradable commodities on behalf of the Customer.
“Agreement” means the Energy Supply Contract, these General Terms and Conditions and any Special Conditions.
“Business Day” means any day (other than a Saturday or Sunday) on which banks are open for business in the Republic of Ireland and Northern Ireland.
“Change in Occupancy Date” has the meaning given to it in Clause 15.1.
“Charges” means, in respect of any billing period the relevant Rates set out in the Energy Supply Contract multiplied by (subject to Clause 4.4) the relevant metered quantity of Energy supplied to the Supply Point in respect of such billing period, in each case as may be varied in accordance with this Agreement.
“Clause” means a clause of these General Terms and Conditions.
“Conditions Precedent” means the conditions precedent to this Agreement set out in Clauses 11.1 and 21.1, the Energy Supply Contract and, if applicable, the Special Conditions.
“Connection Agreement” means the agreement(s) between the Customer and the Relevant System Operator under which the Customer has the right to be, and to stay, connected to the electricity or gas transmission or distribution system in line with the terms and conditions of that agreement.
“Customer’s Premises” means the premises at the Supply Address(es) specified in the Energy Supply Contract.
“DD Refund Right” means, in respect of Republic of Ireland Customers, any right of a debtor under the SEPA Core Direct Debit Scheme Rulebook to claim a refund from their debtor bank of a direct debit payment and, in respect of Northern Ireland Customers, any right of a debtor to claim a refund of a direct debit payment arising from time to time pursuant to or consequent upon Regulation (EU) No 260/2012.
“DD Reimbursement” any payment made by Energia to its creditor bank in respect of the exercise of a DD Refund Right by the Customer.
“DG Code” means the electricity industry code representing the electricity use of system group at any Supply Point covered by this Agreement, as set out in the Customer’s bill.
“Data Protection Legislation”
means as applicable, the Irish Data Protection Acts 1988 to 2003, the UK Data Protection Act 1998, the Irish European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, the UK Privacy and Electronic Communications (EC Directive) Regulations 2003, and from 25 May 2018 the General Data Protection Regulation (EU 2016/679) and any relevant transposition, successor or replacement of any of the foregoing laws and any other laws in force in Ireland or the UK (to the extent applicable) relating to data protection..
“Energy” means electricity and/or gas, as the circumstances require.
“Energy Supply Contract” means, as applicable, any of the Energia standard form contracts of that name for Non-Household Customers (including, where applicable, all or any of the Customer Registration Form, the Energy Rates Contract and the Customer Service Checklist), the Energia Gas Purchase Tender or the Gas Supply Contract (in each case including any Schedules thereto).
“EURIBOR” means the Euro Interbank Offered Rate being, in relation to any sum, the rate per annum for deposits in Euro for a specified period.
“Expiry Date” means, where a Fixed Term is specified in the Energy Supply Contract, the last day of such Fixed Term.
“Fixed Term” means (a) where an Energy Supply Contract specifies a fixed term, such fixed term; or (b) where no fixed term is specified but an Energy Supply Contract specifies a fixed Rate, the period during which such fixed Rate applies (whether specified in the Energy Supply Contract or determined pursuant to Clause 8.1).
“Force Majeure” means any event or circumstance which would constitute force majeure under any applicable Connection Agreement, network or grid code.
“Fuel Variation Tariff” means the gas tariff offered by Energia to NDM business Customers, as amended by the Regulatory Authority from time to time.
“GNI” means Gas Networks Ireland (formerly Bord Gais Networks).
“Household Customer” means any Customer who is purchasing Energy for its own household consumption, excluding commercial or professional activities.
“Insolvency Event” means, in respect of the Customer:
(a) the stopping or suspension of making payments (whether of principal or interest) with respect to all or any of its debts or the announcement of an intention to do so;
(b) the suspension or cessation or the threatening to suspend or cease to carry on its business;
(c) the appointment of, or presentation of a petition for the appointment of, a liquidator, provisional liquidator, examiner, administrative receiver or receiver to or over the whole or any part of its assets;
(d) the entering into of any reorganisation, moratorium, scheme of arrangement or composition with or for the benefit of creditors generally or any class of its creditors;
(e) in relation to the Republic of Ireland, the service on it of a notice of attachment pursuant to Section 1002 of the Taxes Consolidation Act, 1997 (Republic of Ireland) or, in relation to Northern Ireland, Section 61 of the Taxes Management Act 1970 and/or Section 51 of the Finance Act 1997;
(f) suffering any distress, sequestration, attachment or execution;
(g) the proposal or passing of a resolution to wind it up (other than in the circumstances of a solvent voluntary winding-up as part of a reorganisation or restructuring);
(h) becoming unable to pay its debts or being deemed to be unable to pay its debts pursuant to section 214 of the Companies Act, 1963 (Republic of Ireland) or Article 103 of the Insolvency (Northern Ireland) Order 1989; or
(i) taking or suffering any similar or analogous action to items above in any jurisdiction in consequence of debt.
“Last Resort Supply Direction” means a direction given to a supplier by the Regulatory Authority requiring it to make available a supply of Energy to premises previously supplied by another supplier.
“Laws” means in respect of the Republic of Ireland or Northern Ireland as the case may be, all applicable laws, legislation, statutory instruments, directives, regulations, requirements, instructions, orders, directions or rules or otherwise of any competent authority of a national or EU character, together with all applicable codes, industry agreements or licence conditions, and “Law” shall mean any one of them.
“Medium Business User” means a Customer on the gas tariff offered by Energia to NDM medium Non-Household Customers.
“NDM” means non-daily metered.
“Non-Household Customer” means a Customer who is not a Household Customer.
shall have the meaning set out in the applicable Data Protection Legislation.
“Rates” means the unit price that the Customer pays for the purchase of Energy, as contained in the Energy Supply Contract.
“Regulatory Authority” means either or both of the Commission for Regulation of Utilities (CRU) and the Northern Ireland Authority for Utility Regulation as the context may require or any other competent authority.
“Relevant System Operator” means any person who owns or operates the gas or electricity transmission or distribution system or provides metering services in the Republic of Ireland or Northern Ireland, as applicable, from time to time.
“Security” means the security (if any) required by Energia pursuant to Clause 4.2 and/or as set out in the Special Conditions.
“Small Business User” means a Customer on the gas tariff offered by Energia to NDM small Non-Household Customers.
“Special Conditions” means the special conditions notified by Energia to the Customer which forms part of this Agreement.
“Standing Charge” means the charge specified as such in the Energy Supply Contract as may be varied in accordance with the terms of this Agreement.
“Supply Address” means the address(es) at which any Supply Point supplied under this Agreement is located, as specified in the Energy Supply Contract;
“Supply Period” means the period commencing on the Supply Period Start Date and terminating on the Termination Date.
“Supply Period Start Date” means in respect of any Supply Point supplied under this Agreement, the later of (a) the date the Supply Point is confirmed as registered to Energia by the Relevant System Operator; and (b) the date that all Conditions Precedent are satisfied by the Customer or waived by Energia.
“Supply Point” means the point(s) at which the Customer’s Premises is (are) connected to the relevant gas or electricity distribution system.
“Supply Price” means the total price that the Customer pays for the purchase of Energy, such
price comprising the Charges, the Standing Charges and any other charges or costs specified in the Energy Supply Contract or imposed from time to time (whether resulting from any change in Law, or any action by Government or any Regulatory Authority or otherwise), but excluding VAT and any other tax, duty or levy imposed in respect of or by reference to the Energy supplied.
“Termination Date” means the date on which this Agreement is terminated pursuant to Clause 8.
In the event of inconsistency between these terms and conditions, the Special Conditions, and the Energy Supply Contract, the following order of precedence shall prevail:
(a) the Special Conditions;
(b) the Energy Supply Contract; and
(c) these General Terms and Conditions; provided that nothing takes precedence over Clauses 3.1, 3.2, 9, 10 and 21.1 of these General Terms and Conditions.