“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.