“Agreement” means the Energy Supply Contract comprising the Customer Registration, Product Terms Sheet 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.
“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.
“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.
“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.
“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.
“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.
“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.
“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.