SPARK ENERGY TERMS AND CONDITIONS OF SUPPLY

(Premises consuming less than 12,000 kWhrs per year)

These terms apply to contracts for the supply of gas and electricity, each of which shall be deemed supplied under a separate contract. They are subject to any special Terms and Conditions that may apply in addition to these terms under certain tariffs.

1. Definitions and start of supply
the Act means the Electricity Act 1989 or the Gas Act 1986 as appropriate and as amended from time to time.
“Charges” means the charges for the Service as set out in the Price List which is available from Spark Energy.
Domestic Customer means a customer taking supply wholly or mainly for domestic purposes.
Spark Energy means a company whose switched office is at 111 George Street, Edinburgh Scotland, EH2 4JN hereinafter called Spark. (Registered in Scotland).

“Estimated Annual charge” means the estimated charges payable by the customer during any 12 month consecutive period during the term of this agreement. The Estimated Annual charge shall be calculated by Spark with reference to the quantities of electricity and/or gas that they may require under this agreement, historical data, and good industry practice for estimating.

Pass through Charges means the prices levied on Spark in connection with the supply of electricity or gas which are beyond Sparks control and include Network operation charges, taxes, levies and duties.
Premises means the supply address on your contract or otherwise, the premises where you are taking supply from us.

“Price List” means the list(s) of the Charges, current at the time you use the Service, as published by us from time to time;
We/us/our means the company providing the supply.
You means the person taking supply at the Premises.

“Payment date” means 30 days before the supply start date and the same time in every calendar month thereafter.

“Supply Start date” means the date at which Spark first supplies electricity or gas to the customer pursuant to this agreement

2. Cancelling your contract
You may cancel either contract within 14 days of signing your tenancy agreement. Just write within 14 days telling us your contract number to Spark Energy at 111 George Street, Edinburgh Scotland, EH2 4JN

3. Charges, payment and estimated meter readings
You agree to pay our charges based on our prices for your applicable tariff. We may alter our prices and will tell you of any price increase.

Bills are payable on receipt and must be paid by Direct debit unless we agree otherwise.

Bills may be submitted by and in the name of Spark or a collection agency for the energy supplied or any charges associated with the supply.

If you fail to pay your bill on time we may require you to pay our reasonable administration costs of £35 and any other costs in respect of the following matters (in addition to charges and costs, or other remedies available to us, mentioned elsewhere in this agreement or in the Act):

Debt recovery, including but not limited to, visits, warrant costs, and any tracing costs; Returned cheques, or failed direct debts or standing orders; Meter changes at your request; Damaged meters; Meter accuracy test at your request, if meter proves accurate; Special visits and warrants required for any purpose including but not limited to meter inspection; Lost pre-payment devices and delivering replacements; Post dated cheques, and providing copy cheques and bills; Any breach of your obligations under the agreement.

We will send you bills using estimated annual charges and ask you to pay that bill or let us have your own reading. If you would prefer to give us your own meter reading please call us on 0845 860 4002.

We reserve the right to vary the estimated annual charge from time to time to reflect variations in the actual quantities of electricity or gas supplied in comparison with the estimates or Variations in pass through charges.

If the meter fails to switch any electricity/gas used you agree to pay for the amount that we reasonably estimate you have used.

We may require you to take supply through a prepayment meter on our prepayment terms following credit checks or if you already have a prepayment meter or following meter interference.

If you are responsible for the supply jointly with others, you are each responsible for payment of all the charges for the supply.

Balancing Payment. As soon as practicable after each anniversary of the contract Supply start date Spark shall calculate the customers actual energy consumption and shall apply the prices set out in the contract and notify the customer of the actual cost for the consumption in the period. If actual cost exceeds the Estimated annual charge “excess” Spark shall invoice the customer the excess and collect the excess in accordance with the normal collection mechanism. If the actual cost falls short of the Estimated Annual Charge Spark will issue a Credit note for the difference.

4. If you move Premises
Your contract will end if you have given us at least two working days notice that has expired. Otherwise it will end when the meter is next due to be read or someone else takes over the supply. You must pay for all electricity/gas used up to the contract end.

5. Security deposits
We may at any time require you to pay us a cash deposit as security for the payment of all money that may become owing to us. If you do not pay it we may refuse to supply you or we may cut off your supply until you pay the deposit and all costs relating to cutting off and reconnecting your supply.

We require, hold and return deposits from Domestic Customers in accordance with a supply licence conditions and will not require a deposit from a Domestic Customer who is prepared to take supply through a prepayment meter if it is reasonably practicable for us to provide one.

6. Cutting off supply
We may cut off your supply:

in accordance with the provisions of the Act after 7 days notice if charges are outstanding 28 days after delivery of the bill;

if you are unable to pay your debts or you commit a serious breach of this contract;

if it is not reasonable in all the circumstances for us to be required to supply you; or

if we are required to do so by law or in case of an emergency;

You must pay our reasonable costs incurred in cutting off and reconnecting your supply including all visits to the Premises. We will not reconnect supply until you have paid all our charges and costs and put right any breach of the contract to our satisfaction.

We may fit a prepayment meter instead of cutting off your supply. The meter may be set to recover any debt as well as charges for supply at our prepayment rates. You agree to pay our costs for changing your meter.

You must restrict or stop your use of gas if we or the gas transporters tell you to do so because we are so required by law or in case of emergency.

7. Ending your contract and Changing supplier
You must give us 28 days notice in writing but the contract will not end until another supplier starts to supply the Premises or the supply is cut off because it is no longer required. We may provide your new supplier with all your relevant details to assist with the transfer.

We may object to a transfer if you owe us money, or we may transfer to your new supplier the right to recover any debt, together with full details of the debt.

We may end the contract at any time with 28 days notice; or immediately if you are in serious breach of the contract or are unable to pay your debts. You or we may end a contract immediately if the licence to supply is revoked.

If a last resort supply direction (as defined in the supply licence) is given to another supplier in respect of the Premises, your contract will end on the date that direction takes effect.

Where you intend to take supply under another contract, this contract will not end until supply begins under the new contract. You must still pay any money you owe us, and also pay for any electricity or gas you use until your supply start date with your new supplier.

8. Meters and Access
You will provide an accessible, safe, secure, and weatherproof position for the metering equipment. You must pay our reasonable charges for moving a meter that becomes no longer in such a position.

You will allow us and our agents safe access to the metering equipment at any time in case of emergency, and at all reasonable times for the purpose of exercising our rights and obligations under the contract and the Act.

9. General
Duty to supply and quality of supply: Our duty to supply you is subject to the delivery of electricity by the local network operator and gas by the relevant transporter to a connection point on your Premises or somewhere else that is acceptable to us. We are under no duty to supply you if we are prevented from doing so by circumstances beyond our control. The quality of the supply, including its continuity, is the responsibility of the local electricity network operator or gas transporter.

Liability: Nothing in this contract excludes or limits our liability for death or personal injury resulting from our negligence or affects your statutory rights. Subject to that, if you use the electricity/gas for business purposes, we shall have no liability arising in any way out of the relevant contract, for indirect or consequential loss or economic loss including loss of profit, revenue or contract or third party claims.

Variations: We may vary these terms of supply at any time, but if we do so to your significant disadvantage, we will take reasonable steps to tell you within 10 days. If you then, within 14 days, give us 28 days notice to end the affected contract as described in paragraph 7 above, the variation will not apply to the contract ended in this way. Our rights under the Act: This contract is made subject to, and we reserve all our rights under, the Act and the Utilities Act 2000, all as amended from time to time and all regulations and licences made under them.

Assignment: We may assign any of our rights under the contract to any other party and any of our obligations under the contract to any other licensed supplier of the fuel. We may subcontract any of our obligations. Your right to end the contract under paragraph 7 will not be affected. You may not assign any rights or obligations under this agreement.

Law: This contract is governed by English law for supply in England & Wales & Scottish Law for supply in Scotland.

10. Data Protection Notice
We will process your information and may share it with all relevant industry bodies in accordance with industry processes in order to supply you with gas and/or electricity, and with any partner company for account administration (including debt collection), risk assessment, and analysing your account history. Your information may be disclosed to our agents and service providers for these purposes. You agree to your old supplier providing us with all your relevant details to assist with the transfer and transferring to us the right to collect any debt you may owe to that supplier, together with all relevant account details. If we object to your transfer to a new supplier because you owe us money, we may inform that supplier of the debt.