General Terms and Conditions for the Supply of Energy.
These terms and conditions, as amended from time to time (the “General Terms and Conditions”) together with the Customer Registration and Product Terms Sheet constitute the Energy Supply Contract between Energia Customer Solutions Limited and a person requesting a supply of Energy (the “Customer” or “you”).
“Agreement” means the Energy Supply Contract comprising the Customer Registration, Product Terms Sheet, Privacy Statement and these General Terms and Conditions.
“Change in Occupancy Date” has the meaning given to it in Clause 16.1.
“Charges” means all amounts payable by you to Energia pursuant to this Agreement in respect of a relevant billing period, including the Tariff, standing charges, Pass Through Charges and other service charges and levies, together with Value Added Tax (“VAT”) thereon.
“Customer Registration” means agreeing to take a supply of Energy from Energia and be bound by this Agreement, whether through the website, by telephone, by handheld device, written application form or otherwise together with any information provided or agreements concluded in connection therewith.
“Connection Agreement” means the agreement(s) between you and the Relevant System Operator under which you have the right to be, and to stay, connected to the electricity or gas distribution system in line with the terms and conditions of that agreement.
“Dual Fuel Customer” means a Customer which has entered into an agreement for the supply of electricity and gas with Energia at the Premises.
“Data Protection Legislation” means all legislation relating to the processing and protection of Personal Data including the Irish Data Protection Acts 1988 to 2003, the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, and from the 25 May 2018 the General Data Protection Regulation (EU 2016/679) and any relevant transposition, successor or replacement of those laws and any applicable guidelines or codes of practice.
“Electricity Emergency Response Service” means the emergency response service designated by the Regulator and operated by ESB Networks Designated Activity Company for the purposes of receiving and responding to reports of actual or suspected supply failures, damage to networks or dangerous situations such as fallen power lines.
“Emergency” means an incident endangering persons and/or property or an outage in supply arising from a network fault.
“Energy” means electricity and/or gas, as applicable.
“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.
“Fixed Tariff” means a Tariff that is fixed for a period of time specified in the Product Terms Sheet.
“Force Majeure” means any event or circumstance which would constitute force majeure under any applicable connection agreement, network or grid code.
“Gas Emergency Response Service” means the emergency response service designated by the Regulator and operated by Gas Networks Ireland for the purposes of receiving and responding to reports of actual or suspected gas emergencies including suspected leaks or explosions.
“Harmonised Downloadable File” means a file showing the Customer’s half hourly interval consumption data which will include the Customer’s MPRN/GPRN and the associated Meter Serial Number (MSN) split by date showing the consumption/export in each of the 48 half hourly periods within the day for the selected time period
“Hybrid Tariff” means a Tariff which has fixed elements as specified in the Product Terms Sheet and elements that may be varied by Energia in accordance with the terms of this Agreement.
“Invoice” has the meaning given in Clause 6.1.
“Last Resort Supply Direction” means a direction given to a supplier by the Regulator requiring it to make available a supply of Energy to premises previously supplied by another supplier.
“Laws” means all applicable laws, legislation, statutory instruments, directives, regulations, requirements, instructions, orders, directions, rules or otherwise of the Regulator or 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.
“Low Usage Customer” means a customer whose consumption of electricity at any single premises in any 12 month period is estimated and calculated to be or likely to be less than 730 kilowatt hours or such other figure as Energia may determine from time to time.
“Meter” means the electricity and/or gas meter and related fittings and wires installed by the Relevant System Operator for the purpose of measuring the quantity of electricity or gas used by you on the Premises and includes any such meter or meters of any type supplied to you at any time at the Premises.
“Pass Through Charges” means any applicable third party costs, charges, tax, duty, levy, tariff or any government imposed charge, relating to the supply and distribution of Energy to the Supply Point(s) including transportation and distribution use of system charges by the Relevant System Operator and VAT, other taxes and government levies.
“Pay As You Go Customer” means a customer using a pay as you go meter.
“Personal Data” has the meaning set out in the Data Protection Legislation.
“Premises” means the premises where the Supply Point(s) is located as specified as part of the Customer Registration or the premises otherwise notified to Energia as being the supply address.
“Priority Support Customers” means customers who are reliant on electrical home medical equipment, both life supporting and non-life supporting.
“Product Terms Sheet” means a statement issued to a Customer that (1) outlines any specific tariff or offer that applies to an individual Customer, including the price, any application discount and the duration of that offer; (2) sets out the terms on which any specific tariff or offer will terminate or expire; and (3) sets out and clarifies any specific terms and conditions that apply to an individual Customer, in particular any differences between the specific terms and conditions and these General Terms and Conditions.
“Regulator” means the Commission for Regulation of Utilities or any other national or EU 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 Ireland from time to time, which at the date of this Agreement include ESB Networks Designated Activity Company, EirGrid plc and Gas Networks Ireland.
“Security” means the security (if any) required by Energia.
“Smart Customer” means a Customer with a meter that enables the Customer to avail of Time of Use Tariffs.
“Start Date” means the date that you agree to take supply of Energy from Energia and/or you agree to be bound by this Agreement.
“Supplier of Last Resort” means [the electricity supplier appointed to a customer account by the Regulator if Energia ceases to supply electricity.
“Supply Period” means the period commencing on the Supply Period Start Date and terminating on the Termination Date.
“Supply Period Start Date” means the date of satisfaction of the conditions set out at Clause 3.
“Supply Point” means the point at which the Premises is connected to the relevant gas or electricity distribution system and is metered by the relevant distribution company.
“Tariff” means the price you pay for the supply of Energy. Standard tariffs will be published on Energia’s website www.energia.ie. The tariff payable by you will be contained in your Invoice.
“Termination Date” means the date on which this Agreement is terminated pursuant to Clause 13.
“Time of Use Primer” means a notice comprising of the following (1) an overview of time-of-use tariffs work in general, (2) an overview of the wider benefits of time-use; (3) how Energia’s time-of-use tariffs are structured; and (4) how the Customer can obtain more detailed information from Energia.
“Time of Use Tariff” means tariffs with at least three unit rates that apply to specified time periods such as a period of time within a day, day of the week, month of the year. Full details in the Product Terms Sheet.
“Variable Tariff” means a Tariff which can be varied by Energia in accordance with the terms of this Agreement.
“Vulnerable Customers” means customers who are particularly vulnerable to disconnection during winter months for reasons of advanced age or physical, sensory, intellectual or mental health. Advancing age is taken to be a person of pensionable age (66 years or above) living alone, with another vulnerable person or with minors.
In the event of inconsistency between these General Terms and Conditions, the Product Terms Sheet and any Customer Registration Form, the following order of precedence shall prevail: a) Product Terms Sheet; b) the Customer Registration Form; c) these General Terms and Conditions; provided that nothing take precedence over Clauses 5.1 or 5.2 of these General Terms and Conditions.
Headings in this Agreement are inserted for convenience only and are to be ignored in the interpretation of this Agreement. References to persons or parties in this Agreement shall include successors and assigns. References to any Laws or documents shall be read as references to such Laws or documents as amended, repealed or replaced from time to time. “Including” and “include” or any similar expression shall be construed as illustrative and shall not limit the words preceding them.
2.1 This Agreement shall commence on the Start Date and shall continue until the Termination Date.
2.2 Once you have signed up to this Agreement, there is a 14 day cooling off period, during which you may choose to cancel this Agreement. There is no penalty for cancelling during the cooling off period. You are still liable to Energia for Charges incurred in respect of Energy supplied to you during the cooling off period.
2.3 Unless otherwise agreed by the parties, Energia shall supply Energy to you at the Supply Point during the Supply Period and you shall take delivery of such Energy at the Supply Point and pay for such Energy, in each case on the terms and conditions set out in this Agreement.
2.4 Energia shall not be obliged to supply Energy to you prior to the Supply Period Start Date.
2.5 Energia shall be entitled to rely on the information provided by registered third party representatives in respect of applications submitted on behalf of Vulnerable Customers.
3.1 You are connected to the system of, and are entitled to take supply of electricity and gas from, the system of the Relevant System Operator, and agree to be bound by the terms and conditions of the Connection Agreement.
3.2 Where you are transferring from another supplier to Energia, all relevant Customer transfer processes are completed including transfer of meter registration to Energia.
3.3 Your meter must be capable of providing data at the required level of granularity to avail of some of our tariffs.
4.1 Energia shall be entitled to vary these General Terms and Conditions at any stage.
4.2 Any changes to these General Terms and Conditions that affect your rights or obligations under this Agreement shall be notified to you by at least two of the following methods: on Energia’s website www.energia.ie, on your bill, by email, by letter or by way of public advertisement at least 30 days in advance of any changes taking effect. A copy of the revised General Terms and Conditions will be provided to you at least 30 days in advance of any changes taking effect. In any case, the revised General Terms and Conditions will be deemed incorporated into this Agreement from the later of the date which is 30 days after the date of notification to you or the date that the revised General Terms and Conditions are specified to come into effect.
4.3 You may terminate this Agreement under Clause 13.3 if there is any material change to the General Terms and Conditions.
4.4 The General Terms and Conditions applicable from time to time are available at www.energia.ie or will be provided on request.
5.1 In consideration of Energia selling Energy to you during the Supply Period, you shall pay Energia the Charges.
5.2 Energia shall be entitled to vary any Variable Tariff, the variable component of any Hybrid Tariff, standing charges and Pass through Charges and any other elements used to calculate the Charges from time to time. Energia will notify you on your bill, by email, by letter or by way of public advertisement of changes to standing charges or unit rates as soon as reasonably practicable and, no later than 30 days before the change comes into effect unless you have signed up to a more flexible arrangement. Such changes shall take effect from the later of the date specified by Energia in such notice or 30 days after the date of such notice. If your average daily usage is less than 2 units per billing period (typically 56 days), you may be subject to a higher standing charge than other Customers.
5.3 Up-to-date information on Tariffs and other elements used to calculate the Charges may be obtained on Energia’s website: www.energia.ie.
5.4 All Tariffs and any other elements used to calculate the Charges are exclusive of VAT and any other tax, duty or levy imposed in respect of Energy supplied.
5.5 Pass Through Charges, including VAT and other taxes and government levies or taxes, and standing charges may change from time to time. You will be liable for any such changed Pass Through Charges or standing charges from time to time, whether or not notified in advance by Energia.
5.6 Energia will notify you if your Energy consumption is in excess of what we reasonably deem to be appropriate for a domestic customer. In the event that your consumption exceeds the threshold for a reasonable domestic customer, Energia reserves the right to change you to a Tariff that would be more appropriate for your consumption.
6.1 Except where otherwise specified in the Product Terms Sheet, Energia will send you an invoice on a bi-monthly basis (the “Invoice”) setting out the Charges payable and any other amounts due under this Agreement, together with any applicable VAT or replacement or other tax and you will pay such amounts by cleared funds within 14 days of the date of the Invoice.
6.2 The Invoice shall contain a breakdown of the amount of Energy consumed on the Premises.
6.3 Invoices shall be paid by the method set out in the Product Terms Sheet or by one of the methods set out on the back of the invoice, on Energia’s website or as described in Energia’s Code of Practice on Billing. If you do not provide a direct debit instruction; withdraw a direct debit instruction; or do not pay by one of the agreed payment methods, Energia may change the frequency of your bills and alter the Tariff accordingly, and/or may require you to pay a security deposit in accordance with Clause 7.
6.4 You shall not deduct or set-off any payments to be made under this Agreement against any amounts due to you for other services provided.
6.5 If any amount payable by you is in genuine dispute, you must pay to Energia the amount that is not in dispute. When the matter has been settled, the amount owed by you may be adjusted as a result. If you also have an account with Energia at another premises, any credit or debit may be transferred between your accounts by Energia, in order to recover any money owed to Energia.
6.6 In the event that any part of an Invoice remains unpaid where the part that remains unpaid is not due to a legitimate dispute as set out in Energia’s Code of Practice on Billing Energia may disconnect the supply of Energy to the Premises, in accordance with Energia’s Code of Practice on Disconnection, and may proceed in any manner for recovery of the amount due.
6.7 In the case of Dual Fuel Customers, Energia will issue two separate Invoices, one in respect of gas and one in respect of electricity. In the event that you make a part-payment of an Invoice, the part that has been paid will be applied against that Invoice relating to the relevant fuel consumed. In the event that it is not possible for Energia to determine which fuel payment has been made in respect of, Energia will apply the payment received towards discharging the Invoice with the older debt. In the event of non-payment, Energia will only disconnect the fuel against which the debt is unpaid. The Product Terms Sheet will contain supplementary conditions for Dual Fuel Customers.
6.8 Energia may charge (i) interest on overdue invoices on a daily basis from the due date until the date of payment at a default rate that is 3% per annum above EURIBOR; (ii) reasonable costs of trying to recover overdue payments. Energia may also charge you for the costs of collecting late payments, which may include cost associated with:
(a) Energia visiting the Premises;
(b) your bank rejecting a direct debit, because there is not sufficient money in your bank account or returns a cheque to Energia unpaid; or
(c) Any third party costs incurred by Energia in recovering or collecting the late payment.
In addition, if any amount due is not paid by the due date, Energia shall be entitled to draw down the amount due under the Security.
6.9 Some Tariffs are calculated based on estimated consumption over a 12 month (or shorter) period. If you pay an equal amount each month for your Energy by direct debit or by any other payment method agreed by Energia (as appropriate), we may change the monthly amount payable by you and/or the number of months for which you will pay the equal amount following (for example) a review of your actual Energy usage or change in the Charges. You will be liable for any costs associated with this following recalculation of your bills or statements.
7.1 Energia may request a security deposit from you in advance of the provision of the Energy supply. The decision to request a security deposit is taken on an account by account basis and can be influenced by security requirements and credit history of the Customer. The value and duration of the security requirement is based on all information available to Energia at the time of the decision. Security deposits may be applied to new and existing customers and, during the term of supply, Energia may increase an existing security deposit or request a new security deposit from you if:
(a) you don’t meet Energia’s credit criteria;
(b) you fail to pay or are late in paying any amount due to us (including the security deposit); or
(c) as a result of your conduct.
7.2 In the event that Energia’s security requirements are not met, your Energy supply may be disconnected. Any costs reasonably incurred by Energia may be recovered from you and you shall pay the cost of disconnection and of subsequent reconnection (if any), provided that Energia has complied with our Code of Practice on Disconnection in connection with disconnection.
7.3 In addition to any rights Energia may have under this Agreement, any security deposit held may be used to offset any unpaid monies due to us.
7.4 If you close your account with Energia while Energia holds a security deposit from you then the amount of the security deposit will be used to offset your final Invoice.
7.5 Energia shall return the balance of any security deposit to you:
(a) within 1 month upon the closure of your account; or
(b) after one year if you have met Energia’s credit terms for this period,
In either case by cheque if you have provided Energia with a forwarding address or by bank transfer if Energia holds your bank details.
7.6 In the event that Energia’s credit terms are not met after one year Energia will continue to hold the security deposit in respect of your account. In this instance, Energia will inform you of the steps which must be taken to satisfy Energia’s credit terms so that the security deposit will no longer be required. The security deposit will thereafter be kept until such time as Energia’s credit terms have been met for a continuous 12 month period, and the security deposit will be returned to you in the month following a determination by Energia that the credit terms have been met.
8.1 You will not be charged for changing supplier.
8.2 If you switch to another supplier, your account with Energia will be closed only when the new supplier starts to supply you. You must pay, in full, the outstanding balance on your account at this time. The total outstanding balance will include all charges associated with the supply of energy and any other charges deemed by Energia to reasonably apply to your account; such charges may from time to time include an early termination fee for termination in advance of the agreed contract end date.
8.3 If you are a Dual Fuel Customer and you move your electricity supply to another supplier but Energia continue to supply you with gas, Energia will charge you the gas only Tariff that Energia considers is most appropriate (which may be different to the dual fuel gas Tariff) from the date that your electricity supply has moved to that other electricity supplier. This will apply to customers on Fixed Tariffs, Hybrid Tariffs and Variable Tariffs. An exit fee may be charged in respect of the electricity supply being cancelled.
8.4 If you are a Dual Fuel Customer and you move your gas supply to another supplier but Energia continues to supply you with electricity, Energia will charge you the electricity only Tariff that Energia considers is most appropriate (which may be different to the dual fuel Tariff) from the date that your gas supply has moved to that other gas supplier. This will apply to customers on Fixed Tariffs, Hybrid Tariffs and Variable Tariffs. If you are a Dual Fuel Smart Customer and you move your gas supply to another supplier, this will not invalidate your Agreement and your half hourly interval consumption data will continue to be supplied to Energia. An exit fee may be charged in respect of the gas supply being cancelled.
8.5 If you do not meet the credit terms set by Energia and you attempt to change supplier, a debt flag will be displayed on your account and be visible to the proposed new supplier.
8.6 If you are a Pay As You Go Customer and you decide to move your electricity supply to another supplier, you will need to notify Energia in accordance with Clause 13. In addition, you will need to contact our call centre directly to request a deactivation code and to claim any refund that may be due to you. Energia shall issue the deactivation code no later than 10 days of the receipt of the MM110 (change of supply) market message. The deactivation code may be issued to you over the phone from a call centre representative, or may be emailed to you. Please see the Code of Practice on Pay as You Go Metering and Budget Controllers for more information, available on Energia’s website www.energia.ie.
9.1 Energia may ask you to pay for your Energy through a pay as you go meter if:
(a) Energia credit checks indicate that this is an appropriate payment method for you;
(b) Energia has reason to believe that someone has tampered with an existing meter; or
(c) You owe Energia money and by installing a pay as you go meter Energia can avoid disconnecting your supply.
9.2 Information regarding pay as you go meters is available on Energia’s website www.energia.ie and in the Code of Practice on Pay as You Go Metering and Budget Controllers.
9.3 If you are a Pay As You Go Customer, you are at risk of losing any credit on your account if Energia ceases to operate in the electricity market.
10.1 Your Energy supply will be measured by the Meter that will be installed and maintained in line with your Connection Agreement. Any costs incurred in installing and maintaining the meter shall be payable by you. Energia has no responsibility for maintaining the Meter or any associated metering equipment.
10.2 The Relevant System Operator’s staff, its agents or contractors are responsible for reading the Meter.
10.3 You are responsible for having due care towards the Meter and shall not allow any interference with the Meter, except in line with your Connection Agreement.
10.4 You shall ensure that Energia, the Relevant System Operator and their employees, agents and contractors have reasonable, safe and unobstructed access to metering equipment at all relevant times and have access to the Premises for all reasonable purposes in the case of Emergency.
10.5 Meter readings will normally be assumed to be correct. Where Energia believe that the Meter readings are inaccurate or unavailable a reasonable estimate will be made for billing purposes. If Energia or you discover that any meter reading has been inaccurate or omitted, or the readings have not been converted into Charges correctly, Energia shall either debit or credit your account accordingly.
10.6 Customers which have commenced using smart meters may not revert to their previous metering profile.
11.1 In the event of an Emergency or incident causing danger or requiring urgent attention at the Premises relating to your gas supply, you may contact the Gas Emergency Response Service on 1800 20 50 50.
11.2 In the event of an Emergency or incident causing danger or requiring urgent attention at the Premises relating to your electricity supply you may contact the Electricity Emergency Response Service on 1800 372 999.
11.3 In the event of an Emergency, supply of Energy to the Premises may be discontinued from the Premises at the request of the relevant Emergency Response Service or the Relevant System Operator.
12.1 Neither party shall be liable to the other for any failure to perform its obligations under this Agreement to the extent that such failure is due to the occurrence of an event of Force Majeure, save that the occurrence of an event of Force Majeure shall not excuse the parties from any obligation to make payments of money under this Agreement.
12.2 Save in respect of loss or damage sustained by you due to a failure on the part of Energia to act as a reasonable and prudent operator or to the extent that liability cannot be limited at law, Energia shall not be responsible for any loss or damage sustained by you in any circumstance, and particularly in respect of:
(a) any indirect, consequential, economic or financial loss as a result of breach of this Agreement, including loss of profit, revenue, goodwill, business, contract or wasted expenses as a result of the sale or supply of Energy or in connection with this Agreement;
(b) your home appliances or associated wiring;
(c) the acts of the Relevant System Operator; or
(d) any failure by Energia to supply Energy as a result of an inability to secure a supply, industrial action, breach or defects in the mains or any other reasonable cause outside the control of Energia.
12.3 Energia will only be liable for reasonably foreseeable loss or damage which is a direct consequence of Energia’s breach of this Agreement.
12.4 You acknowledge that the Relevant System Operator is responsible for the physical delivery of electricity and gas and Energia is not liable for any deficiencies in the quality of such electricity or gas or the manner in which it is delivered.
12.5 Notwithstanding this Energia’s liability to you shall be limited to €100,000 in any calendar year.
12.6 The exclusions and limitation of liability in this Clause 12 shall not apply to any claim on account of death or personal injury resulting from the negligence of either party.
12.7 Nothing in this Clause 12 shall release you from your obligation to pay the Charges in accordance with Clause 3
13.1 If this Agreement is for a fixed-term period (as specified in the Product Terms Sheet), Energia shall notify you at least 30 days, and no more than 60 days, in advance (on your bill, by email or by letter) of the date that this Agreement is due to expire and provide details of:
(a) the date on which this Agreement will expire;
(b) the charges you are currently paying under your energy plan;
(c) if you are on a Time of Use Tariff, the applicable time bands and associated rates that apply;
(d) where information can be found on accredited price comparison websites, https://www.cru.ie/home/switching-supplier/price-comparison-websites/, and licensed suppliers;
(e) the 'Estimated Annual Bill’ for your current energy plan (save in respect of a Time of Use Tariff, if applicable); and
(f) the ‘Estimated Annual Bill’ for any new Tariff (save for a Time of Use Tariff) you will pay if you remain a customer of Energia after the expiry of this Agreement.
13.2 If this Agreement does not terminate after the term specified in the Product Terms Sheet it shall remain in force on a rolling calendar month basis and you will continue to be bound by these General Terms and Conditions. At the end of the term specified in the Product Terms Sheet, Customers on Fixed Tariffs and Hybrid Tariffs will be migrated by Energia to the alternative specified in the Product Terms Sheet or, where no such alternative is specified, the alternative Tariff that Energia considers most appropriate.
13.3 You may terminate this Agreement pursuant to Clause 4.3 or otherwise by contacting us on 0818 405 405, Monday to Friday 9am to 5pm or by writing to us with your full account details at Energia, PO Box 12380, Dublin 2; provided you give Energia at least 7 days’ prior notice and a Meter reading is obtained on the Termination Date. Energia will acknowledge receipt of your letter within ten working days. The supply of Energy at any Supply Point will terminate on the date that a confirmed Meter reading is obtained at the Premises. In the event that a confirmed Meter reading is unavailable on the Termination Date, an estimated meter reading in respect of the Premises may be applied in accordance with Clause 13.8(a).
13.4 If this Agreement is for a fixed-term period (as specified in the Product Terms Sheet) and you cancel your service any time after the cooling off period and before the end of the fixed-term period, a termination fee of €50 per fuel will apply, unless otherwise specified in the Product Terms Sheet.
13.5 Where you have closed your account or switched supplier, we will issue your final bill within six weeks unless a replacement meter reading is issued to Energia after the final bill has been issued. We may give your new supplier any relevant details to help with your transfer. Details of any credit balance and how this can be refunded will be included on the final bill, alternatively you can check your Energia online account or contact our call centre directly.
13.6 Any refund due will be processed no later than 2 months from the date of a final bill based on an actual meter read.
13.7 Provided that Energia has (where applicable) complied with our Code of Practice on Disconnection this Agreement may be terminated by Energia upon the giving of written notice if:
(a) you fail to pay any Charges or any other amount under this Agreement;
(b) you have an outstanding debt and refuse to enter into a payment arrangement or break an agreed arrangement or refuse a pay as you go meter;
(c) there is no registered account holder at the address;
(d) Energia does not have an Agreement to supply you; or
(e) your installation or use of Energy interferes with the distribution system or disturbs other customers;
(f) you extend the supply to someone else who Energia consider to be a separate customer;
(g) you do not meet all of your obligations under this Agreement or any relevant agreements with the Relevant Systems Operator, and fail to put things right;
(h) you have used Energy without permission or committed theft of Energy;
(i) you become insolvent or enter into an arrangement with your creditors;
(j) Energia needs to do so by law;
(k) it is no longer safe for Energia to continue to supply you with Energy;
(l) Energia has been instructed to terminate the Agreement by the Relevant System Operator.
(m) it is no longer practical to supply Energy for reasons outside Energia’s control;
(n) if you are availing of a Time of Use Tariff, and decide to longer provide Energia with half hourly metering data; or
(o) you have asked us to.
13.8 Upon termination of the Agreement:
(a) closing Meter readings will be taken at the Premises in respect of which this Agreement is being terminated, where a Meter reading is not available, estimated readings will be applied;
(b) Energia will issue you, and you shall pay, a final Invoice for any outstanding amount which will include any outstanding Charges in respect of Energy used up to and including the Termination Date; and
(c) If you request a disconnection of supply to your Supply Point, you shall pay any costs incurred by Energia as a result of instruction to the Relevant System Operator to de-energise or disconnect supply and in procuring a meter lock or meter disconnect as appropriate to the Premises. If Energia request a disconnection in the event that another customer is not taking over supply at the Premises, or for safety reasons, then Energia will pay the costs associated with such disconnection.
13.9 You shall not take delivery of Energy while registered as a customer of Energia after the Termination Date. In the event that you take a supply of Energy while registered as a customer of Energia after the Termination Date, the provisions of this Agreement will survive termination and you shall indemnify Energia against all and any loss, damage, cost, expense, charge, fee, claim or liability incurred by Energia in supplying you after the Termination Date.
13.10 All rights and liabilities, which accrued prior to termination, will survive termination of this Agreement.
13.11 This Agreement shall terminate without notice if the Regulator gives a Last Resort Supply Direction to another Energy supplier to supply the Supply Points, and the Agreement will terminate on the date that the direction takes effect.
13.12 In the event of your death, either your personal representative, or the occupiers for the time being of the Premises, or both of them together, will be liable for any continued supply of electricity to the Premises until a new Agreement is entered into for the supply of electricity to the Premises or until this Agreement is terminated.
14.1 Protecting our customer’s Personal Data is important to Energia. Please see our Privacy Statement for details of how we process your Personal Data, in accordance with our obligations under the Data Protection Legislation. Our Privacy statement is available in your welcome pack and online at https://www.energia.ie/energia-privacy. We may update this statement from time to time and any changes will be notified on our website or otherwise will be notified as required by the Data Protection Law. The Privacy Statement forms part of this Agreement and by entering into this Agreement or taking Energy supply from Energia you are agreeing to be bound by the Privacy statement.
14.2 A customer’s personal information may be transferred to: (a) ESB Networks Designated Activity Company where required for safety or network related activities; and (b) the Supplier of Last Resort in the event of a direction from the Regulator.
14.3 In order to avail of certainTime of Use Tariffs, you agree to provide Energia with half hourly metering data on an ongoing basis. If you decide that you no longer wish to provide half hourly data to Energia, you will no longer be eligible to avail of the Time of Use Tariff. Energia may terminate this Agreement and an exit fee may apply.
15.1You must provide Energia within 5 days of request (or in the case of Emergency such shorter time as Energia may request) such information as Energia may request to enable it to comply with applicable Laws and must continue to provide Energia with all such information as soon as is reasonably practicable.
15.2 The Customer is entitled to request its export data from Energia and shall be able to access its historical consumption data via a Harmonised Downloadable File available online. Energia shall take reasonable and effective steps to refresh the data regularly and frequently.
16.1 In the event that you move from the Premises and are replaced by a new occupant, you shall provide at least 2 days’ notice in writing to Energia, stating the date and time from which a new occupant will be occupying the Premises and whether the occupant will require Energy supply from Energia from such date (the “Change in Occupancy Date”). You must provide Energia with a closing meter reading. If you fail to do so, you shall be responsible for all Energy supplied by Energia and consumed at the Premises until the date when a new occupant is registered at the meter point. This is without prejudice to the provision of Clause 13.
16.2 If you are the new occupant of a Premises and request Energy supply from Energia, you may be required to provide Energia with proof of residency at the Premises.
17.2 You may contact the Customer Service Team:
(a) By post, to the following address:
PO Box 12380
(b) By telephone on 0818 405 405; or
(c) By online query at www.energia.ie
18.1 Energia has a customer charter which is approved by the Regulator that sets out our commitments to you in relation to levels of service that you can expect from us. The customer charter can be found on our website at www.energia.ie or by any of the means contained in Clause 20.1. If we fall in our commitments to you, you may be entitled to compensation.
18.2 Our Code of Practice on Vulnerable Customers sets out our services for Priority Support Customers and special services customers and also contains details on how to join the industry register if you are a Priority Support Customer or a special services customer. If you wish to be treated as a special services customer, you must give us the necessary information that we require to compile this register and we agree that we will not disclose this information except to the Relevant System Operators who require the information to perform certain services for you and in accordance with these terms and conditions and the law.
18.3 Energia has Codes of Practice, which set out the services we provide and the levels of service you can expect from us, covering the following areas:
(a) Marketing and Advertising;
(b) Customer Sign Up;
(e) Complaint Handling;
(f) Vulnerable Customers;
(g) Pay as you go Metering and Budget Controllers.
(h) Smart code of Practice
18.4 The Codes of Practice can be found on our website at www.energia.ie or by any of the means contained in Clause 20.1. If we fall in our commitments to you, you may be entitled to compensation.
PO Box 12380
Attention: Customer Service Team,
20.2 Energia may change its address at any time by notice in writing. Notices will be deemed served or delivered to the addressee or its office:
- If delivered by hand, upon the date of delivery;
- If delivered by pre-paid ordinary post within the jurisdiction in which you resides or is registered, 2 days after sending or if delivered by pre-paid ordinary post outside the jurisdiction in which you reside 5 days after sending;
- If delivered by facsimile, at the time that a transmission report is produced by the sender’s facsimile machine confirming that the transmission has been satisfactorily completed; or
- If delivered by electronic mail, at the time that the sender’s computer generates a message stating that the e-mail has been received.
21.1 A “Deemed Contract” means a legally enforceable agreement considered to have been made between Energia and the owner or occupier of the Premises. A Deemed Contract is considered to have come into existence because the owner or occupier (after receiving notice from Energia and where the Premises continue to be supplied with Energy by Energia) did not inform Energia that he or she continued to use the Energy supplied to the Premises after the previous contract for supply to the Premises concerned had expired, or was not cancelled when a previous owner or occupier vacated the Premises or the new owner or occupier did not enter into a new contract of supply.
21.2 A Deemed Contract shall exist between you and Energia when you own or occupy Premises which are supplied Energy by Energia but the Premises are not subject to any other contract for supply of Energy by Energia.
21.3 A Deemed Contract shall commence on the date Energia supplied the Premises with Energy in the absence of a contract for supply of Energy.
21.4 A Deemed Contract shall continue until the earlier of (i) the date Energia ceases to supply Energy to the Premises; or (ii) the date you enter into a new contract with Energia or another supplier for the supply of Energy to the Premises.
21.5 In the event that you are supplied Energy under a Deemed Contract, you are free to enter into a contract of supply with Energia or another supplier at any time.
21.6 You will be charged for the supply of Energy to the Premises under a Deemed Contract in accordance with Energia’s standard Tariff (together with any standing charges, Pass Through Charges and other service charges and levies, together with VAT thereon).
21.7 The General Terms and Conditions will apply to a Deemed Contract.
21.8 Premises supplied under a Deemed Contract are bound by the following (as applicable):
(a) Gas Networks Ireland Terms and Conditions for Gas Users at Non-Daily Metered (NDM) Offtake Points;
(b) ESB Networks General Conditions for Connection to the distribution system for customers with a connection greater than 100kVA; and
(c) ESB Networks General Conditions for Connection to the distribution system for customers with a connection less than 100kVA.
22.1 If you have remained on the same Tariff for 3 years following the commencement of this Agreement, Energia will notify you (on your bill, by email or by letter) of certain information such as:
(a) the charges you are currently paying under your energy plan;
(b) the ‘Estimated Annual Bill’ for your current energy plan; and
(c) information on where you can find out about accredited price comparison websites and other suppliers.
22.2 Energia will send you a similar notice every 12 months from the date of the first notice under this Clause 22 until you have changed Tariff.
22.3 Energia shall provide the Customer with a Time of Use Primer (1) for Customers that already have a smart meter installed within six months of January 2021; or (2) for Customers that have a smart meter installed after April 2021, no more than three months after the smart metered is installed.
22.4 Where a Customer has not switched to time-of-use 12 months after receiving a Time of Use Primer, Energia will contact the Customer, and every subsequent 12 month period thereafter where the Customer has not switched to time-of-use, with a Time of Use Reminder.
- Energia may assign or otherwise transfer the benefit and/or burden of this Agreement or any part of it. You may assign the Agreement only with written consent of Energia.
- This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements between the parties in relation to the subject matter of this Agreement. Each party acknowledges that it has not entered into this Agreement on the basis of any representation or warranty other than those set out herein.
- Any waiver under this Agreement must be in writing. No waiver of any power or right shall be construed as a waiver of any other power or right. A waiver of a breach will not operate or be construed as a waiver of any other or further breach.
- If any court of competent jurisdiction declares any provision of this Agreement void, that provision will be severed and the remainder of this Agreement will remain in full force and effect. If any provision of this Agreement becomes invalid or unenforceable or requires variation as a result of any change in any Law or trading arrangements, this Agreement will be amended by agreement between the parties, or failing such agreement, as determined by Energia acting in good faith, in such a way as to give effect to the commercial intent of the parties as set out in this Agreement.
- The laws of Ireland will govern this Agreement and the parties accept the non-exclusive jurisdiction of the courts of Ireland
Smart MCC12 meters EV SMART Charge Time and EV Bundle
Energia Domestic customers with a Smart interval meter, either Dual Fuel or single fuel electricity.
Customers must agree to receive their bills online and pay their bills by direct debit to receive the full discount.
For SMART interval customers a new charge time has been introduced from 2am to 6am with a threshold of 1000kWh usage per billing period, no thresholds apply to the day, night or peak usage.
MCC02 Customers Variable EV product
Energia Domestic customers with a Nightsaver Meter (Day/Night meter), either Dual Fuel or single fuel electricity.
Customers must agree to receive their bills online and pay their bills by direct debit to receive the full discount.
The normal thresholds for nightsaver apply in terms of the kWh usage (Above 3,000kWh day usage and 2,000kWh night usage each billing period).
Once the discount period is complete the customer will revert to standard day/night meters rates.
Discounts apply for an agreed duration and are against the Energia EV Bundle time of use rates or against the EV SMART Charge Time rate depending on the product signed up to by the customer, subject to the customer continuing to pay by direct debit and receiving their bills online.
Once the discount period is complete the customer will revert to the standard EV Bundle time of use rates or against the EV SMART Charge Time rate depending on the product signed up to by the customer.
The unit rates, time bands, contract duration and standing charges are subject to change in accordance with our General Terms and Conditions.
Taxes and Pass-through charges
VAT applied at current rates. The Public Service Obligation (PSO) Levy is set annually in October. This applies to all domestic electricity customers irrespective of supplier. The Carbon Tax is set annually by the Revenue. This tax applies to all domestic natural gas customers, irrespective of supplier.
Total discount is based on your chosen price plan options and applies to new customers only. You must pay your bill by Direct Debit to avail of the Direct Debit Discount and register for Online Billing to receive the Online Billing Discount. If you cancel your Direct Debit payment or choose to switch to paper bill, you will lose these discounts. From time to time we may issue promotional codes. Only one promotional code will be accepted per customer registration. Other promotional codes may be available at any given time.
The Public Service Obligation (PSO) Levy is set annually in October. This applies to all domestic electricity customers irrespective of supplier. The Carbon Tax is set annually by the Revenue. This tax applies to all domestic natural gas customers, irrespective of supplier
All prices are subject to change as per our General Terms and Conditions above.
Your bill is paid by direct debit from the bank account you specified when you signed up. The direct debit is processed 14 days after the date your bill is issued and the payment will be taken from your bank account on your chosen date.
If you need to update your bank details with us, just give us a call on 0818 405 405 with the new details.
Our online payment service, fastpay.energia.ie, allows you to make payments to your accounts, which are then credited off your next bill. Payments can be made with a debit or credit card. This is a handy way to build up credit, so you’re not hit with the full bill all at once.
With our fix pay you can spread your energy costs out equally over 12 months helping you to budget for your electricity and gas costs over the year.
If you do not pay by direct debit then we expect payment before the due date on any bills issued. Your bill is due for payment 14 days after your bill has been issued.
Energia’s cashback offers may be available to Energia customers.
The cashback amount will be applied as a credit to the customer’s Electricity bill.
To avail of the cashback offer you must be successfully signed up to Energia. Only one cashback allowed per person.
The quoted average monthly bill amount is calculated upon average figures outlined below.
Average Dual Fuel is based on Energia's "DUAL40" offer on Dual Fuel Bundle consisting of 40% off electricity and 39% off gas discount on Energia standard unit rates and €25 cashback.
Average Electricity is based on Energia's "ELEC41" offer on Electricity consisting of 41% off electricity discount on Energia standard unit rates and €25 cashback.
Electricity average usage is based upon 1 bedroom - 2,700 kWh per annum, 2 bedrooms - 3,400 kWh per annum, 3 bedrooms - 4,200 kWh per annum, 4 bedrooms - 5,100 kWh per annum, 5 bedrooms - 6,150 kWh per annum.
Gas average usage is based upon 1 bedroom - 6,900 kWh per annum, 2 bedrooms - 8,700 kWh per annum, 3 bedrooms - 11,000 kWh per annum, 4 bedrooms - 13,300 kWh per annum, 5 bedrooms - 16,100 kWh per annum.
Tariffs and charges depending on urban or rural location are outlined in detail on https://www.energia.ie/price-plans/dual-fuel and https://www.energia.ie/price-plans/electricity in the rates section.
Tariffs and charges depending on the meter type (24 hr standard, day/night or night storage) are outlined in detail on https://www.energia.ie/price-plans/dual-fuel and https://www.energia.ie/price-plans/electricity in the rates section.
Prices correct as of 29th May 2020. Figures have been rounded to the nearest cent value.
Total discount is based on your chosen price plan options and use of the promotional code “DUAL40” for dual fuel or "ELEC41" for electricity. You must pay your bill by Direct Debit to avail of the Direct Debit Discount and register for Online Billing to receive the Online Billing Discount. If you cancel your Direct Debit payment or choose to switch to paper bill, you will lose these discounts.
The Public Service Obligation (PSO) Levy is set annually in October. This applies to all domestic electricity customers irrespective of supplier. The Carbon Tax is set annually by the Revenue. This tax applies to all domestic natural gas customers, irrespective of supplier.
Your Dual fuel and Electricity tariff discounts will apply for a period of one year from the date Energia is registered as your supplier. After one year you will revert to Energia standard unit rates. Once you have signed up to an Energia Dual fuel or Electricity Tariff, there is a 14 day Cooling Off period, during which you may choose to cancel your agreement to switch. There is no penalty for cancelling during the Cooling Off period. If you cancel your service any time after the Cooling Off period and before the end of your contract, a termination fee of €50 will apply.
All prices are subject to change as per Energia standard terms and conditions. For new customers only that sign up online or over the phone.
The Public Service Obligation (PSO) Levy is set annually in October. This applies to all domestic electricity customers irrespective of supplier. The Carbon Tax is set annually by the Revenue. This tax applies to all domestic natural gas customers, irrespective of supplier
Your renewal discount will be applied for 12 months and will begin on either your next bill or the one following that, depending on your billing cycle. After one year you will revert to Energia standard unit rates. Once you have signed up to an Energia Renewal Tariff, there is a 14 day Cooling Off period, during which you may choose to cancel your agreement to renew. There is no penalty for cancelling during the Cooling Off period. If you cancel your service any time after the Cooling Off period and before the end of your contract, a termination fee of €50 per fuel will apply.
All prices are subject to change as per our General Terms and Conditions above.
(b) These terms and conditions are in addition to Energia's supply terms and conditions which govern your energy supply with us. If there is any conflict between these terms and conditions and Energia's supply terms and conditions then Energia's supply terms and conditions shall prevail except in relation to limitation of liability which is set out in detail below.
- Information about us and contact details
- "Additional Costs" means costs due from the Customer that may be determined at the time of the installation following identification of a Non-Standard Installation, as presented to the Customer in writing for agreement.
- "Cancel" means where the Customer decides that they do not want to proceed with this Contract and exercises their statutory right as consumer to cancel this Contract without any charges during the Cooling-Off Period;
- "Cancellation Notice" means a written notice that the Customer serves on Energia to inform Energia that they wish to exercise their right to Cancel this Contract;
- "Conditions" means the terms and conditions set out in this document.
- "Contract" means this contract between Energia and the Customer for the sale and purchase of the Electric Vehicle Charging Point.
- "Contractor" means any independent contractor(s) appointed by Energia for the purposes of carrying out the Services under this Contract;
- "Cooling-off Period’ means the time period of 14 days from entering of the Contract within which the Customer has the right to Cancel this Contract pursuant to the terms of this Contract;
- "Customer" means the customer purchasing the Electric Vehicle Charging Point.
- "Data Protection Legislation" means all applicable data protection and privacy legislation in force from time to time in the Ireland including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
- "Delivery Date" the date for delivery of the Electric Vehicle Charging Point as specified by Energia.
- "Device Manufacturer" means the manufacturer of the Electric Vehicle Charging Point.
- "Electric Vehicle Charging Point" means the electric vehicle charging point supplied by Energia under these Conditions.
- "Force Majeure Event" means an event or circumstance beyond a party's reasonable control.
- "Installation Location" means the specific location on the Site where the Electric Vehicle Charging Point shall be installed;
- "Non-Standard Installation" means any installation that is not a Standard Installation, and which shall be as determined and advised by Energia to the Customer.
- "Price" means the total price payable by the Customer for the Services, being €600 incl VAT. For clarity, the Price may not include Additional Costs;
- "Qualification Criteria" means:
- Having purchased an electric vehicle from a retailer participating in Energia’s EV Charger scheme (Participating Retailer) ; and
- Being registered as an Energia energy customer for the Customer's domestic dwelling (provided always that Energia may waive this requirement in its sole discretion)
- "Services" means the installation of the Electric Vehicle Charging Point at the Site. which for the avoidance of doubt, shall exclude incidental, maintenance or ongoing support services;
- "Standard Installation" means an installation that can be carried out at the Site without any additional site preparation works, man hours or additional equipment to install the Electric Vehicle Charging Point and shall include:
- Installation of the device where the consumer unit (fuse board) is no more than 5 meters from the proposed position of the exterior charge point. Customers may incur an additional charge if they wish to have the exterior charge point installed in excess of this 5 meters from the fuse board.
- Fuse board is trip switch type. In the event that the fuse board is not trip switch type, the fuse board would need to be upgraded in line with Safe Electric Guidelines.
- 10 Square earth bonding with earth electrode is present. In the event of no 10 Square Earth Cable, this would need to be upgraded in line with Safe Electric Guidelines.
- 16 Square mains cable is present. In the event of old mains wiring, this would need to be upgraded to 15 Square Mains in line with Safe Electric Guidelines.
- "Site" means the address at which the Services are to be performed.
- "We", "us" "our" or "Energia" means Energia Customer Solutions Limited t/a Energia.
- A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
- Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- A reference to writing or written includes emails.
- BASIS OF CONTRACT
- These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- The ordering of the Electric Vehicle Charging Point constitutes an offer by the Customer to purchase in accordance with these Conditions. It is accepted by Energia by the processing of the relevant order and sending confirmation of the same to the Customer.
- In order to participate and enter into this Contract, the Customer must meet the Qualification Criteria.
- You acknowledge that grant payments may be available in relation to the installation of the Electric Vehicle Charging Point. In order to avail of any such grants from SEAI that you must apply for a grant from SEAI and any such grant is subject to SEAI’s eligibility criteria and their terms and conditions. You are solely responsible for applying for the grant.
- Energia makes no representation or warranty that the Electric Vehicle Charging Point is suitable for you or that you will be eligible for a grant from SEAI.
- CUSTOMER'S OBLIGATIONS
- The Customer agrees and acknowledges that it is responsible for obtaining all necessary consent, permissions and approvals for the installation of the Electric Vehicle Charging Point at the Site. The Customer shall fully indemnify Energia in the event that Energia suffers a claim or loss arising from the action of any third party as a result of the Customers failure to obtain the necessary consent.
- The Customer shall ensure that the Site is safe and free from any obstructions or hazards prior to the performance of the Services. The Customer shall be responsible for the costs of all remedial work required to bring a Site up to a Safe Electric standard to allow safe Standard Installation.
- The Customer acknowledges and agrees that for Energia to be able to commence and complete the Services the Customer must:
- allow Energia and its Contractors access to the Site to perform the Services, if the customer is not available at the time of appointment without giving at least 24 hours’ notice to the installation team on 0818111122 a no access fee of €100 will apply;
- provide to Energia such information and documentation as Energia reasonably requires and to update Energia when any of the Customer’s information (including personal data) changes;
- co-operate with Energia and its Contractors and provide such assistance as Energia reasonably requires to perform the Services; and
- make available to Energia and its Contractors such power supplies, facilities, working space and access to the Installation Location, at no cost and as Energia reasonably requires from time to time.
- The Customer acknowledges and agrees that it shall:
- follow the Device Manufacturer's instructions for the use of the Electric Vehicle Charging Point
- register the Electric Vehicle Charging Point with the Device Manufacture using the documentation provided with the Electric Vehicle Charging Point, failure to do so will invalidate the Device Manufacture warranty (details of which are set out in clause 8 below); and
- shall be responsible for providing suitable internet communication systems to enable the Electric Vehicle Charging point to function and be updated in accordance with the Device Manufacture’s recommendations.
- The Customer agrees that post installation:
- it will be responsible for any damage to or interference with the Electric Vehicle Charging Point or its associated installation, whether caused through the incorrect operation of the Electric Vehicle Charging Point or otherwise; and
- it will be responsible for ensuring that it uses the Electric Vehicle Charging Point in accordance with the user manual and/or manufacturer’s instructions and that any required maintenance checks are carried out throughout the warranty period of the Electric Vehicle Charging Point.
- SUPPLIER'S OBLIGATIONS
- Energia shall be responsible for installing the Electric Vehicle Charging Point at the Delivery Location.
- The Customer acknowledges that it may be necessary to make certain changes to the settings on the Customer's existing equipment and to physically integrate the Electric Vehicle Charging Point with the Customer's equipment. The Customer shall be responsible for satisfying itself as to the compatibility of the Electric Vehicle Charging Point with the Customer's equipment.
- The Customer irrevocably undertakes to Energia not to take any steps to claim against Energia in respect of any damage, loss or expense arising out of the change of settings to the Customer's equipment or integration of the Electric Vehicle Charging Point.
- For the avoidance of doubt, Energia shall not be liable for any damage or wear and tear or variation of output of the Customer's equipment as a result of the operation of the Electric Vehicle Charging Point or incompatibility of the Electric Vehicle Charging Point with the Customer's equipment.
- The Electric Vehicle Charging Point is provided with the Device Manufacturer’s warranty (which excludes charging cables and their connectors which are warranted for 12 months (1 year)) ("Device Manufacturer’s Warranty") for a period of 36 months (3 years) from the point of installation at the Site.
- The terms of the Device Manufacturer’s Warranty, including the exclusions, are available from Energia on request. Please note that in order to make a claim under the Device Manufacturer’s Warranty you must notify Energia as soon as the issue arises and make no further use of the Electric Vehicle Charging Point after Energia has been notified. Energia will contact the Customer to discuss the matter and make arrangements for returning the Electric Vehicle Charging Point to the Device Manufacturer. The Customer shall comply with all reasonable requests from Energia in relation to Electric Vehicle Charging Point if a claim has been made under the Device Manufacturer’s Warranty.
- Energia carries no liability under the terms of the Device Manufacturer’s Warranty.
- Energia shall arrange with the Customer a date on which the Services will be carried out at the Site.
- The Parties agree that time will not be of the essence with respect to the provision and completion of the Services by Energia (including, but not limited to, any services that are preparatory, ancillary, or subsequent to the provision and completion of the Services)
- Energia warrants to the Customer that the Services will be provided using reasonable care and skill.
- Intellectual Property RIGHTS
- The Customer acknowledges that the Electric Vehicle Charging Point contains Intellectual Property Rights which are valuable and unique to the Device Manufacturer. The Customer undertakes not to (and shall not permit any third party to) copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Electric Vehicle Charging Point, without the prior written authorisation of Energia.
- The Customer acknowledges and agrees that damages may not be a sufficient or adequate remedy for breach of paragraph 10.1 and that Energia reserves all its rights in relation to enforcement of paragraph 10.1.
- TITLE AND RISK
- The title in the Electric Vehicle Charging Point will not pass to the Customer until the Services have been completed to the acceptance of both Energia and the Customer and Energia has received full payment of the Price and all other sums that are due from the Customer to Energia.
- Until such time as title to the Electric Vehicle Charging Point passes from Energia, the Customer shall upon request return possession of the Electric Vehicle Charging Point to Energia and allow Energia access to remove the Electric Vehicle Charging Point. Energia may enter the Site in order to repossess the Electric Vehicle Charging Point.
- Except during the performance of the Services, the Electric Vehicle Charging Point shall be kept by the Customer at their sole risk, from the point of delivery to the Site.
- PRICE AND PAYMENT
- By accepting the terms of this Contract, the Customer is agreeing to pay the Price and comply with all terms upon which the Price for the Services has been quoted.
- Energia reserves the right to amend the Price once the Services have commenced and any changes to the Price will be presented to the Customer for agreement.
- For the avoidance of doubt the Price is based on a Standard Installation. If a Non-Standard Installation is required then Energia shall inform the Customer of the amended Price for the Services.
- For the avoidance of doubt, the Customer may reject any changes to the Price and may Cancel the Services in which case paragraph 14 shall apply.
- The Customer must make full payment of the Price to Energia before Services can commence.
- Payment of any Additional Costs, as may be agreed by Energia and the Customer following commencement of the Services, must be paid within 30 days of receipt by the Customer of the invoice which shall be sent by Energia following completion.
- If payment of any sum due under this Contract is not received by any due date specified din the relevant invoice, Energia will be entitled to charge interest on the outstanding amount at the rate of 4% per annum above Bank of Ireland rate, accruing daily.
- The Contractor shall make one visit only to the Site to inspect the Site and to install the Electric Vehicle Charging Point. Any further visits to the Premises for the purpose of inspecting the Premises or installing the Electric Vehicle Charging Point shall be subject to further costs payable directly to the Contractor. You agree that We have no control over such further costs and shall not be liable for same.
- The Customer may cancel this Contract by sending a Cancellation Notice to Energia at the specified address:
- before any Electric Vehicle Charging Point is delivered; or
- within the Cooling-off Period.
- Within 14 days of Energia receiving the Cancellation Notice, the Customer shall, at its cost, return the Electric Vehicle Charging Point to Energia in its original packaging and in a saleable condition.
- For the avoidance of doubt, the acceptance of the returned Electric Vehicle Charging Point shall be at the sole discretion of Energia. Where Energia reasonably considers that the Electric Vehicle Charging Point does not meet the requirements in paragraph 14.2 above, Energia may deduct money up to the value of the Electric Vehicle Charging Point from any refund due to the Customer.
- Subject to paragraph 14.3 above, Energia will refund to the Customer all monies paid within 14 days of Energia receiving the later of the Cancellation Notice or the returned Equipment.
- With the exception of circumstances beyond the reasonable control of the Customer, the Customer shall provide Energia with a minimum of 24 hours’ notice to cancel their appointment with no charge being incurred. Failure to provide such notice may incur a fee of €100 to reschedule their appointment.
- The Customer may cancel this Contract by sending a Cancellation Notice to Energia at the specified address:
- Without limiting its other rights or remedies, Energia may terminate this Contract with immediate effect by giving written notice to the Customer if:
- the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within twenty days of that party being notified in writing to do so;
- the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
- the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
- the Customer's financial position deteriorates to such an extent that in Energia's opinion the Customer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
- Without limiting its other rights or remedies, Energia may suspend provision of the Electric Vehicle Charging Point and/or Services under the Contract or any other contract between the Customer and Energia if the Customer becomes subject to any of the events listed in paragraph 15.1.1 to paragraph 15.1.4, or Energia reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
- Without limiting its other rights or remedies, Energia may terminate the Contract with immediate effect by giving written notice to the Customer if:
- the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment; or
- Energia's agreement with the Participating Retailer to supply Electric Vehicle Charging Point to purchasers of the Participating Retailer electric vehicles is terminated for any reason.
- On termination of the Contract for any reason the Customer shall immediately pay to Energia all of Energia's outstanding unpaid invoices and interest.
- Termination of the Contract shall not affect Energia's rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
- Without limiting its other rights or remedies, Energia may terminate this Contract with immediate effect by giving written notice to the Customer if:
- LIMITATION OF LIABILITY
- Nothing in these Conditions shall limit or exclude Energia's liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); or
- fraud or fraudulent misrepresentation;
- Subject to paragraph 8.2 and 16.1 :
- Energia shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- Energia's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1,000.
- Nothing in these Conditions shall limit or exclude Energia's liability for:
- FORCE MAJEURE
- Force majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract, other than its payment obligations, if such delay or failure result from a Force Majeure Event. If the period of delay or non-performance continues for 2 months, the party not affected may terminate this Contract by giving 30 days' written notice to the affected party.
- DATA PROTECTION
- Protecting our customer’s Personal Data is important to us. Please see our Privacy Statement set out in the Appendix to this Contract for details of how we collect, use, store, share and protect your personal data in compliance with Data Protection Legislation.
- You acknowledge and agree that the Electric Vehicle Charging Point in conjunction with the Device Manufacture’s software will automatically download data to and from the Electric Vehicle Charging Point and this data will automatically be forwarded to Energia. Energia reserves the right to analyse this information for the purpose of evaluating the effectiveness of the Electric Vehicle Charging Point and improving its business services.
- Notwithstanding the generality of Clause 18.2 above, you have the right to request the erasure of your personal data obtained. You should let us know if you require us to erase your personal data by contacting our Data Protection Officer at [email protected]or in writing addressed to Data Protection Officer, The Liberty Centre, Blanchardstown Retail Park, Dublin 15, D15 YT2H. .
- Assignment and other dealings.
- Energia may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
- The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of Energia.
- Each party undertakes that it shall not at any time during the term of this Contract , and for a period of two years after termination of this Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party except as permitted by paragraph 19.2.2.
- Each party may disclose the other party's confidential information:
- Assignment and other dealings.
- to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this paragraph 19.2; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Contract.
- Entire agreement.
- This Contract constitutes the complete and exclusive statement of agreement and understanding between Energia and the Customer, which supersedes and excludes all prior or contemporaneous proposals, understandings, agreements, or representations, whether oral or written, with respect to the subject matter hereof.
- The Customer acknowledges and agrees that no representations were made prior to the entering into of this Contract and that, in entering into this Contract, he/she/it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Contract or not) other than as expressly set out or referred to in this Contract.
- Nothing in this Contract shall exclude or limit Energia liability for fraudulent misrepresentations or shall exclude (but this Contract does limit) Energia for any fundamental misrepresentation (including any misrepresentation as to a matter fundamental to his ability to perform its obligations under this Contract, on the part of Energia).
- Without prejudice to the provisions of this paragraph, the only remedy available to Energia for breach of this Contract shall be for breach of contract under the terms of this Contract.
- Variation. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
- Waiver. A waiver of any right or remedy is only effective if given in writing. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
- waive that or any other right or remedy; nor
- prevent or restrict the further exercise of that or any other right or remedy.
- Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of the Contract.
- Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to Energia at The Liberty Centre, Blanchardstown Retail Park, Dublin 15, D15 YT2H and the Customer to its address specified in its order or such other address as that party may have specified to the other party in writing in accordance with this paragraph, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, or email.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in paragraph 19.7.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by email, one Business Day after transmission.
- The provisions of this paragraph shall not apply to the service of any proceedings or other documents in any legal action.
- Third party rights. No one other than a party to this Contract shall have any right to enforce any of its terms.
- Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of Ireland.
- Jurisdiction. Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
- Company Information
- Contact us
Data Protection Officer, The Liberty Centre, Blanchardstown Retail Park, Dublin 15, D15 YT2H.
- Protecting your Information
- Data we Collect
Name, address, contact details such as telephone number, mobile phone number, email address, MPRN, bank details and system performance data.
System performance data includes:
- The power, current, voltage and frequency of all the electrical equipment in the system including the home and national grid retrospectively in real time.
- The performance Electric Vehicle Charing Points, including where applicable the performance of the electric vehicle charge point including charging status and power rating, total power to the electric vehicle and total electric vehicle charge point usage.
- How we use your Information
This processing will be undertaken as necessary for the performance of your contract, with your consent, were necessary to comply with our legal obligations or necessary for our legitimate interests or those of a third party to better manage your account, provide the appropriate services and support, continually improve our processes and products and provide you with the best customer experience.
- Sharing your Information
- Retention of your Information
- We will retain personal data that is necessary for us to provide you with the product and service that you have requested or purchased for as long as it takes us to provide that product or service;
- We will retain your contact details for marketing purposes for as long as we have your permission to send you marketing information or for as long as we are permitted to do so, subject to your right to object at any stage;
- We will retain any financial transaction information for seven years after the date of those transactions; and
- We will retain other personal data necessary for us to do so to comply with our regulatory and legal requirements.
- Your rights
- Right of access. You have the right to be provided with details of the processing of your personal data and to obtain a copy of the personal data we hold about you, subject to applicable exemptions under data protection legislation. In order to make an access request please write to the Data Protection Officer at [email protected] or by writing to the:
- Right to rectification. If the personal data we hold on you is inaccurate or incomplete you have the right to rectify such personal data and we would encourage you to ensure the personal data we hold on you is kept as up to date and accurate as possible.
- Right to erasure. In certain circumstances you have the right to request the deletion of your personal data where there is no compelling reason for us to continue processing it.
- Right to restrict processing. In certain circumstances you can request the restriction of the processing of your personal data where you contest the accuracy of the information; where you object to processing which is based on legitimate interests; where the processing is unlawful and you wish to restrict the processing rather than seek erasure; or where we no longer require to retain your personal data but you wish the personal data to be held while you establish, exercise or defend a legal claim.
- Right to data portability. In circumstances where the personal data you have provided to us in a structured, commonly used and machine-readable format is based on your consent or for the performance of the contract and where the processing is carried out by automated means you have the right to request that such personal data be provided to you or transmitted directly to another organisation.
- Right to withdraw consent. If we are processing your personal data on the legal basis of consent you have the right to withdraw your consent at any time. If you withdraw your consent we will no longer be able to carry out processing based on your consent. However by withdrawing your consent it does not invalidate any processing which was undertaken prior to the withdrawal of your consent.
- Right to object to processing. You have the right to object to processing based on legitimate interests and to direct marketing (including profiling for the purpose of direct marketing).
Where we have indicated that we are processing your personal data based on legitimate interest you are entitled to object to such processing on grounds relating to your particular situation. We will stop processing your personal data unless we can demonstrate compelling legitimate grounds for the processing which overrides your interests, rights and freedoms or where the processing is necessary for the establishment, exercise or defence of legal claims. If you wish to object to receiving direct marketing please use the provided opt-outs or contact us to do so.
- Automated decision-making including profiling. You have the right not to be subject to automated individual decision making, including profiling, which produce legal effects concerning you or similarly significantly affects you unless it is necessary for the entry into or performance of a contract, authorised by EU or member state law; or based on your explicit consent.
- Right to lodge a complaint.
Data Protection Commission by writing to the Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland or contacting them via their website at: https://www.dataprotection.ie/.
EAB €2,745, based on average annual usage. 12 month contract, discounted unit rates, standing charge, PSO levy and Carbon Tax, T&Cs and early termination fee apply. Valid from November 2020 & subject to change. Smart Home Voucher must be used at https://smarthomestore.energia.ie/ by 31st December 2022. No cash equivalent will be provided. €100 cash back to be applied to 3rd customer bill.
EAB €1,512, based on average annual usage. 12 month contract, discounted unit rates, standing charge, PSO levy and Carbon Tax, T&Cs and early termination fee apply. Valid from November 2020 & subject to change. Smart Home Voucher must be used at https://smarthomestore.energia.ie/ by 31st December 2022. No cash equivalent will be provided. €50 cash back to be applied to 3rd customer bill.
View the September NL Competition terms and conditions here.
View the October Rugby Mascot Competition terms and conditions here
View the November Leinster v Ulster and Leinster v Gloucester tickets competition terms and conditions here
View the November Leinster v Connacht tickets competition terms and conditions here
View the November Energia AIL Women's Final tickets competition terms and conditions here
View the February 2023 NL Competitions terms and conditions here.
View the March 2023 Six Nation Tickets Competition terms and conditions here.