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Domestic terms and conditions

Electricity and gas services

Your contract consists of the application for supply you completed,the accompanying tariff guide, these "electricity and gas" terms and conditions, the “all services” terms and conditions found at the end of this document, and any document referred to in either set of terms and conditions

Meaning of words and phrases used in this contract

In this contract, when the following words are shown in bold they have the meanings shown below.

agent Any person appointed by you or us to read, provide and / or maintain metering equipment or as a meter operator, data collector, data aggregator, meter asset provider or meter asset manager.
charges Our charges for supplying energy including any green deal charges that may apply
contract The application for supply you completed, the accompanying tariff guide, these "electricity and gas" terms and conditions, the “all services” terms and conditions found at the end of this document, and any document referred to in either set of terms and conditions
early exit fee The fee that you agree to pay if your contract ends before the end of an applicable fixed term period.
energy The gas or electricity (or both) being supplied under this contract (the “services”).
fixed term period As specified in the tariff guide as being the period of time for which the prices of the tariff are fixed and for which you must stay on the tariff you have signed up to if you want to avoid incurring an early exit fee.
gas transporter A company licensed as a gas transporter to deliver gas through pipes to the property.
Green Deal Arrangements Agreement the Green Deal Arrangements Agreement dated 1st October 2012 (as amended and updated from time to time) which establishes a mechanism for the collection of green deal charges through electricity bills.
green deal charges the charges for energy-efficiency measures installed at your premises that we must collect through energy bills in line with the Government scheme known as ‘green deal’.
green deal licensee a licensed electricity supplier that has either: (i) been instructed under its supply licence to collect, or (ii) voluntarily agreed to collect, green deal charges as an agent and trustee on behalf of a green deal provider.
green deal provider An accredited party registered as a green deal provider capable of offering a green deal plan.
meter The meters and equipment for measuring and providing information on the gas and electricity you use.
network operator The company licensed as a network operator to deliver electricity through its electricity distribution network to the property and run this network for your area.
OFGEM The Office of Gas and Electricity Markets, who regulate the gas and electricity markets in Great Britain.
online discount A discount applied to your tariff when receiving electronic billing
premises or property The address at which you have requested us to provide you with the agreed service(s).
security deposit An amount of money you must pay as a security charge for us to supply gas or electricity (or both) to you.
smart meter A meter we can use to measure how much gas or electricity (or both) you are using, without having to visit your home.
statement of renewal terms The letter we will send you shortly before a fixed term period is due to end explaining that you need to consider your options.
supply Providing at the property a supply of gas or electricity (or both) that you use completely or mainly for domestic purposes (and supplying will be construed accordingly) and supplier means the company providing you with that supply.
tariff The key terms relating to for the supply of gas or electricity (or both) you have agreed to buy from us as specified in the tariff guide.
tariff guide The document which sets out certain of the principal terms of our contract together with terms and conditions specific to your tariff or any replacement tariff guide.
working day Any day other than a Saturday, Sunday or a public holiday in England and Wales.

This contract is between First Utility Limited (Company Number 05070887: Registered Office: Point 3, Opus 40 Business Park, Haywood Road, Warwick, CV345AH and you as a domestic customer for the supply of energy to your premises.

Most of the terms and conditions set out below apply to all customers but some of them are different where you are a customer who is subject to our deemed terms. Our deemed terms apply where we are the supplier  of energy to a property registered to us but you have not entered into an express contract with us for example because you have just moved into or otherwise taken responsibility for a property. Those terms and conditions that only apply to our deemed customers are set out in section 17.

1. Our contract

1.1 You confirm that you are (or will be by the supply start date), the owner or occupier of the premises and are responsible for the energy account. You also confirm that it is connected to mains electricity and/or gas (or will be by the supply start date when we start to supply you).

1.2 We agree to supply you with electricity or gas (or both) for domestic purposes at your premises for the period of the contract between us provided that we are able to accept your contract and transfer your supply to us.

1.3 If you use your premises for business purposes you must tell us and we will offer you a different contract.

1.4 Our contract is based on the information provided by you, which you confirm is accurate. If this changes significantly you must let us know.

1.5   Our contract will start:

  1. when you accept it on the phone; or
  2. when you sign it; or
  3. when you send in an online application (either direct or through an agent).

2. Contract acceptance

2.1 Your contract will be accepted by us if you have provided us with the information we require to register you as a customer and on satisfaction of the provisions contained in clause 2.2 and 2.3.

2.2 You agree that we may carry out a credit check at our discretion and that as a condition of the contract we may request a security deposit or supply you through a prepayment meter.

2.3 When you enter into a contract you are entitled to a cooling-off period, which allows you to cancel this contract by informing us of your wish to cancel it within 14 calendar days from the day it was made.

2.4 If you have not entered into a contract with us in line with clause 2.1, and have moved into a property that we already supply, our deemed contract (available on the website) may apply.

3.    Supply start date

3.1 If we do not already supply the property, we will start to do this from the date we tell you.  This will usually be within 21 days from the day after your right to cancel the contract ends (as explained in clause 2.3 above) unless you ask us to and we agree to take over your supply at a later date. This date may change or we may be unable to supply you if we have problems taking over the supply. For example, if:

  1. your old supplier objects to us taking over the supply; or
  2. any governmental or regulatory body or authority (eg OFGEM) prevents us from supplying your gas or electricity; or
  3. you do something that prevents us from taking over the supply; or
  4. we cannot supply your gas or electricity for some other reason outside our reasonable control.

3.2 It is important to provide us with an actual meter reading on the day that we start to supply you. This will start your account off with the correct meter reading and it will also be used by your old supplier to produce your final bill. Please provide your opening meter read using the “meter reading” link on our website, or by contacting us by phone or email.

4. Payment and Billing

4.1 The charges will be as specified in the offer accepted by you plus any green deal charges unless amended in accordance with clause 11. The charges will consist of two elements a standing charge which is a fixed amount and a unit rate which is a variable amount and reflects how much energy you have used. You can find out about our charges on our website.

4.2 You will receive a bill or statement of account every three months or more frequently if we notify you otherwise. Paper bills can be provided however a discount of the amount specified in your tariff guide will be deducted from your tariff if you choose to receive your bills online. A further discount is available on some tariffs if you agree to only use our online resources to carry out certain account functions. Details of these requirements are set out in the relevant tariff guide.

4.3 Payment must be made by Direct Debit unless we agree to a different payment method. If we agree that payment will not be by Direct Debit, you must pay an administration charge as specified in your tariff guide, unless you are on a prepayment tariff.

4.4 If we do not receive all or part of the amount that you owe us then, unless this was due to our fault we may charge you interest at Bank of England base rate plus 8% from the invoice due date to the date of payment. We shall also be entitled to pass on to you any third party charges incurred in collecting the debt such as those of a debt collection agency.

4.5 You may dispute an invoice at any time. If you pay by Direct Debit, you do not agree with our invoice and you tell us at least 3 working days prior to when payment is due, we will not process your Direct Debit. If only part of the invoice is disputed you must pay the part that is not in dispute. Once your dispute is resolved you must pay any money outstanding.

4.6 If you have, or expect to have, a problem in paying us, please let us know as soon as possible and we will provide help and advice. A copy of our policy “Paying Your Bill – Help for Domestic Customers” is available on our website or you can call Customer Services who will be happy to help.

4.7 We reserve the right to charge you a fair and reasonable proportion of any sales tax, duty or levy (such as VAT) imposed upon us as your supplier (except for taxes on our own income or profits) and to change our prices to reflect any changes in them.

4.8 If you are not supplied through a smart or prepayment meter or we have difficulty accessing your smart meter reads, you are required to submit your meter readings. These will be incorporated into the next available bill.

5. Moving Home

You can end this contract for gas or electricity (or both) as follows.

5.1 If you are moving house you must tell us at least 2 working days before the day you move. If you do this your contract will end on the date that you move out. If you do not do this, this contract will continue until 2 working days after you advise us you are no longer responsible for the energy account at the property or when we are notified of another owner or occupier taking over the property or becoming responsible for the energy account. If you have a green deal you will be responsible for all green deal charges due until the day you move out.

5.2 If you do not have a smart or prepayment meter, you must also give us a final meter reading on the day that you move out. This will be used to calculate your final bill.

5.3For details around moving home during a fixed term period please see 8.2 below.

6. Changing supplier

6.1 This contract will end (unless clause 6.2 applies) after we have received notice from your new supplier of your change of supplier and that new supplier has registered you as its customer and has started supplying you. You may also end this contract by requesting that the supply is disconnected, in which case the contract will end when the supply is disconnected. You will still have to pay us any charges you haven’t paid prior to the contract ending.

6.2 Subject to clause 6.3, if you wish to change supplier and you owe us money, we may stop you changing supplier, in which case we will write and tell you that we are doing so.  This may delay the transfer until the debt is paid.

6.3 If you have a prepayment meter and you owe us money you may change supplier provided the debt is £500 or less and your new supplier accepts the transfer of the debt.

7. Our rights under the contract

7.1 If you have materially breached any of the terms of the contract or do not pay any money due to us and you have:

  1. failed to keep to an agreed repayment plan; or
  2. refused to pay a deposit when requested; or
  3. refused to enter into a repayment plan with us and we are unable to fit a prepayment meter because it is not considered safe or reasonably practical to do so; or
  4. refused to use the Fuel Direct Scheme when you are eligible; or
  5. interfered with your meter or, it is proven that you have stolen energy,

then, after fully considering the information known to us about your circumstances, we may terminate the contract and/or disconnect the supply (in line with our policy “Paying Your Bill – Help for Domestic Customers” which is available on our website).  If we intend to do this, we will give you at least 7 days’ notice prior to doing so.

7.2 We may supply you with multiple services. Termination or disconnection only affects the service(s) in which you are in breach of the contract however we may change the tariff which you are on for remaining service(s).

7.3 If your tariff is an 'online only' tariff we may move you on to our cheapest variable tariff if you do not comply with the online account management requirements as specified in your tariff guide.

8.    Contracts with a fixed term period

8.1If your contract with us has a fixed term period and you terminate the contract before this period has expired, you may have to pay an early exit fee. We won’t extend the duration of any period of time for which you must stay on the tariff you have signed up to without your agreement.

8.2 If you terminate the contract during a fixed term period because you are moving home you may be required to pay an early exit fee. We will agree to waive early exit fees in certain circumstances however this must be agreed between you and us prior to your home move and in all cases would require you to register your new property with us within an agreed period of time.

8.3 If your contract has fixed term period or your variable price tariff is ending we will send you a statement of renewal terms between 49 and 42 days before the fixed term period of the contract or the variable price tariff is due to end which will include information about your new prices and options to switch to a different tariff or a new supplier.

8.4 If you have a contract with a fixed term period and you choose a new tariff with a fixed-term period no more than 49 days before your existing fixed term period has expired you will be subject to the terms of the existing tariff until the new tariff comes into effect

9. Metering Equipment and Agents

9.1 Under normal circumstances we will provide any equipment necessary to provide our service(s) and appoint suitable agent(s). All equipment will remain the property of us or our agents. On delivery or installation, you are responsible for keeping any equipment safe and in good order. You must not modify it in any way.

9.2 As our customer, you have the right to provide your own equipment and/or appoint your own agent(s). If you wish to do this, you must give us at least 20 days’ notice and the arrangements must be acceptable to us and agreed to in writing. In addition, you are then responsible to us for any loss we incur as a result of those arrangements.

9.3 If you ask us to check your meter for accuracy you must give us 14 days’ written notice and we will arrange to have the meter tested. If the meter is found to be working correctly within acceptable industry limits you must pay for the test. If the meter is found to be inaccurate we will pay for the test and the cost of replacing or repairing the equipment. In this case we will also recalculate your bills and make any adjustment we reasonably consider appropriate to reflect any meter inaccuracy discovered.

10.   Access

10.1 You agree to give us, our agents, the gas transporter and the network operator (whichever applies) safe access to your property and the meter in the following circumstances:

  1. At all reasonable times for any reason that relates to your gas or electricity supply or the meter in order to enforce our rights and carry out our obligations under the contract; and
  2. At all reasonable times after this contract ends to collect equipment that belongs to us; and
  3. At any time in an emergency.

10.2 You must provide unobstructed access to the meter for meter reading and maintenance or removal. If we need to relocate the meter for any reason, we may charge you for the related costs unless you are eligible for this work to be done free of charge.

11. Changes to the Contract

11.1 Subject to clause 11.2, 11.3, 11.4 and the terms specified in the tariff guide, we can change the terms of this contract and our prices.

11.2 If you want to change the terms of the contract and we agree to the change we will confirm the arrangements to you in writing within 5 working days from the changes taking effect or as soon as reasonably practical thereafter.

11.3 If your contract has a fixed term period we may not change the terms and conditions of this contract prior to the end of the fixed term period unless: the change is not to your disadvantage, the information you have given us is incomplete or incorrect, we have to install a prepayment meter, or there is an increase in VAT payable.

11.4 If your contract has a variable price tariff and we raise your prices or make a change to this contract that puts you at a disadvantage, then unless clause 11.6 applies, we will let you know in writing at least 30 days ahead of the change taking effect. The price rise or change will not affect you as long as:

  1. you tell us that you want to end this contract (subject to clause 6.1) on or before the day on which the price rise or change takes effect;
  2. you arrange to switch to a different tariff no later than 20 working days after (but not including) the date on which the changes take effect;
  3. you arrange for another supplier to supply your gas or electricity (or both) and we receive notice of this from your new supplier no later than 20 working days after (but not including) the date on which the changes take effect that your supply will be transferred to your new supplier within a reasonable period of time; and
  4. we do not prevent the transfer under clause 6.2.

11.5 If we intend to prevent the transfer because you owe us money, we will write and tell you. If the debt is repaid within 30 working days of you receiving this letter, we will allow the transfer to go ahead and the price rise or change will not apply to you.

11.6 If the changes to the contract are required or necessary because of changes to the industry agreements under which we operate or changes imposed by any governmental or regulatory body or authority (eg OFGEM), the changes will come into effect on the day of notification. 

12. Security Deposits

12.1 We may, at any time, ask you to pay us a Security Deposit. You must pay this by the date we specify. We will give you a reasonable time to pay us.

12.2 The Security Deposit will be returned to you at the end of six (6) months if you do not miss any payments when they are due.

12.3 If you miss any payments while the Security Deposit is being held by us, we may, at our discretion, use this to offset debt and request a further deposit.

13. Prepayment Meters

13.1 You have the option of paying for your energy through a prepayment meter combined with a prepayment tariff if you wish to do so.

13.2 Where we ask you to pay through a prepayment meter this will normally be because:

  1. you already have a prepayment meter; or
  2. we have reached an agreement with you for you to repay any outstanding debt by means of a prepayment meter; or
  3. we can avoid disconnecting your electricity and gas (or both) by installing a prepayment meter.

13.3 In the case that a prepayment meter is being fitted to help you repay a debt we will write to you and inform you of:

  1. the amount of debt to be repaid;
  2. how this total debt is split between gas and electricity debt; and
  3. an estimate of the dates on which both the gas debt and electricity debt will be repaid if the repayment agreement is adhered to.

13.4 In all cases, a prepayment meter will only be fitted if it is safe and reasonably practical for us to do so.

13.5 If you are on a prepayment tariff, we may require you to pay reasonable costs resulting from:

  1. the replacement of a payment card or
  2. exchanging a prepayment meter for a credit meter (if we agree to do so) or
  3. the need to repair or replace your meter as a result of damage or interference or
  4. visiting your premises when you have told us that your meter or payment card is faulty and we cannot find a fault and our agent adds credit to the meter and/or
  5. obtaining a warrant of entry to fit the prepayment meter (should we be forced to do this).

13.6 Any repayments will be agreed between us based on your ability to pay and can be varied at your request (if we agree), or by us in line with your ability to pay. We will give you prior notice if we need to do this. Full details of our services for prepayment customers can be found on our website in the “Help and Advice” section.

14. Other Charges


 
14.1 In addition to our standard charges for supplying you we may also charge you for other reasonable costs. These include:
  1. costs to visit your property to disconnect or reconnect your supply
  2. costs to repair a damaged meter
  3. costs in recovering money you owe us. This may include administration costs and the costs of visiting your property or obtaining a warrant of entry
  4. the value of any energy used which has not been charged for by us as a result of interference with a meter
  5. where you fail to keep an agreed appointment with us or our agents without giving us forty eight (48) hours’ notice
  6. if you fail to respond to our attempts to contact you and we have to visit your property
  7. administration costs arising from payment failures, such as returned cheques or cancelled Direct Debits
  8. if you have a smart meter contract and the premises are unsuitable for the necessary equipment, there may be additional meter reading charges and/or
  9. if you ask us to upgrade your supply arrangements or if we are required to do so.

15. National Terms of Connection

15.1 If we supply you with electricity under this contract, you are also entering into a standard connection agreement for your electricity with your local electricity network operator. There is no similar agreement for gas.

15.2 We are acting on behalf of your network operator to make an agreement with you. The agreement is that you and your network operator both accept the National Terms of Connection (NTC) and agree to keep to its conditions. This will happen from the time that you enter into this contract and it affects your legal rights. The NTC is a legal agreement. It sets out rights and duties in relation to the connection at which your network operator delivers electricity to, or accepts electricity from, your home or business. If you want a copy of the NTC or have any questions about it, please write to:

Energy Networks Association
6th Floor
Dean Bradley House
52 Horseferry Road
London
SW1P 2AF

Phone: 0207 706 5137
Website: www.connectionterms.co.uk

16. Safety and Emergencies

16.1 In certain circumstances your supply may be interrupted. For example:

  1. to avoid danger to persons or property or
  2. if it is unlawful to continue your supply or
  3. if maintenance to the local distribution system(s) is required.

16.2 We are not responsible for any losses incurred should we need to suspend your supply in an emergency or for safety reasons.

16.3 If you believe that your meter or any other metering equipment may be damaged, you must let us know at once.

16.4 If there is a major emergency affecting a network operator or a gas transporter and the government gives a direction under the Fuel Security Code we may recover from you a reasonable proportion of the additional costs suffered by us as a result of the direction.

17. Deemed terms

17.1 These terms apply where we are the supplier of energy to a property registered to us but you do not have an express contract with us.

17.2 You agree that although you do not have an express contract with us because you are receiving the supply of energy at the property you shall pay us the charges in accordance with our isave everyday tariff which are available on request from customer services on 01926 320 700. You will be liable to pay the charges for all energy supplied by us at the property until the date on which this contract ends and your obligation to pay the charges will continue after this contract has ended.

17.3 In the event of a change of tenancy you must tell us the date you began to take supply at the property and the electricity and/or gas meter reading(s) at that time. If this information is not made available then we reserve the right to consider that:

  1. The start date of supply to you is the day after the termination date for the outgoing customer.
  2. The opening meter reading(s) for you is the same as the final meter reading(s) for the outgoing customer.

17.4 Your contract will end on the date that you stop owning or occupying the property if you have notified us at least two Working Days before the date on which you stop owning or occupying the property, If you have stopped owning or occupying the property without telling us, your contract will end on the earlier of:

  1. the end of the second Working Day after you have notified us that you have stopped owning or occupying the property; or
  2. the date on which any other person begins to own or occupy the Premises and takes a supply of electricity at those premises.

17.5 This contract will end on the date that we cease to supply gas or electricity to you or you enter into a contract with another supplier or an express contract with us.

18. Green deal

If you sign up to a green deal for your property, or move into a property that has a green deal, you are responsible for payment of the green deal charges due for that property from that date. We will bill and collect green deal charges through your usual method of payment and pay them to your green deal provider in accordance with the Green Deal Arrangements Agreement

Telephony Services

Please note that these terms and conditions relate to the telephony services contract between you and First Telecom Limited only. They do not apply to any telephone, line rental and/or broadband services provided by First Utility Limited. Please contact us should you wish to clarify the terms and conditions that apply to your contract for such services.

Your contract consists of these "telephony" terms and conditions, the “all services” terms and conditions found at the end of this document, and any document referred to in either set of terms and conditions.

Meaning of words and phrases used in this contract

In this contract, when the following words are shown in bold they have the meanings shown below.

billing period Any period in respect of which we bill you.
Charges Our published list of prices as amended from time to time applicable both to our services in general and your particular tariff guide.
commencement date The date upon which our supply to you of any service commences, and the relevant commencement date for each service will be as communicated to you by us. This date is not guaranteed but a customer of the call services shall be deemed to be 'active' from 12 midnight on the day before such a customer's commencement date.
Contract These "telephony" terms and conditions, the “all services” terms and conditions found at the end of this document, and any document referred to in either set of terms and conditions.
line features Any additional features that you may request as part of a service.
minimum period The minimum period that applies to your contract.
Network As the context requires, either the public switched telecommunications, internet protocol packet network and/or a wireless telegraphy link by means of a cellular radio system operated by a network operator.
network operator As the context requires, BT or such other company or companies from time to time that operate a fixed line or mobile network or 'virtual' network, which can be accessed for communication purposes.
OfCom The Office of Communications.
premises or property The address at which you have requested us to  provide you with the agreed service(s).
service(s) As the context requires, any of: the Line Rental Service; the Call Service; the Broadband Service; or any other telecommunications services that we may provide to you.
Tariff The tariff setting out our list of charges for any of our services.
tariff guide Means the schedule of services subscribed to along with the applicable charges as advised at the time of acceptance or any replacement guide  
Website The website for the First Telecom business currently located at url: www.firsttelecom.com;
working day Any day other than a Saturday, Sunday or a public holiday.

This contract is between First Telecommunications Limited and you as a domestic customer for the supply of services(s) to your premises.


1. Our contract

1.1 These services are for residential home use only.

1.2 You confirm that you are at least eighteen (18) years old.

1.3 Our contract is based on the information provided by you. If this changes significantly you must let us know.

1.4 Our services are subject to a customer credit check.

2. Start Date and Contract Duration

2.1 Our services will start on the commencement date and will continue until terminated according to the terms of your specific tariff. In some cases your contract will have a minimum period and we will tell you what this is before you sign up.

2.2 We will try (in our absolute discretion) to give you the same set of line features that you received from your previous telephone provider. However, in some cases, this may not be possible. We can only provide you with line features that we support when we become your supplier. Any line features that we choose to provide may be withdrawn in the future without liability and therefore will become unavailable to our customers.

3. Payment and Billing

3.1 We will send you a bill, which is payable within 14 days of receipt. Unless agreed otherwise, payment will be by Direct Debit or continuous credit/debit card authority. We may send you separate bills if you take more than one service from us.

3.2 If we cannot collect your payment (unless it is our fault) we may charge you interest at Bank of England base rate plus 8% from the date such amount became due until payment is made in full both before and after any judgment. In addition, we may suspend or terminate your service and/or charge you a monthly administration fee. We shall also be entitled to pass on to you any third party charges incurred such as those of a debt collection agency.

3.3 If you choose to manage your account online, you must provide us with a working email address so that we can bill you. Please note that you cannot change your billing email address online and to make this change you must write to us at:

First Telecom Ltd
PO Box 4360
Warwick
CV34 9DB

or email us at customer.service@first-utility.com or phone Customer Services on 01926 320 700.

In addition to the above, the European Commission has established a web-based platform to allow consumers and traders to submit a contractual dispute arising from buying goods or services online. Access to the portal is available through the following link: http://ec.europa.eu/consumers/odr/.

3.4 You may choose to receive your bills in paper or electronic form (including accessing your bills online). If you choose to receive your bill in paper format, we may charge you an additional amount for this service.

3.5 You will only be advised of the total amount of charges due unless you have requested itemised billing, for which there may be an additional charge itemised in the tariff guide.

3.6 We will use reasonable endeavours to send to you a bill for the services you have used on a monthly basis.

3.7 In some cases your bill may contain unbilled call charges incurred during a previous billing period.

3.8 The Line Rental Service, the Broadband Service (if applicable) and certain charges for the Call Service and some line features will be billed monthly in advance, periods of less than one month will be calculated on a pro rata basis. Calls made using any of our services and some line features will be billed in arrears.

4. Our Charges

4.1 Our charges for providing your services and line features will be effective from the commencement date applicable for each service and will be calculated in accordance with your tariff guide.

4.2 You must pay all the charges incurred by you, or any person using any of your services and line features.

4.3 If your tariff guide includes 'inclusive' minutes, unused inclusive call minutes cannot be carried forward from one month to the next.

5. Moving Home

5.1 You must let us know if you are moving home. If you wish to remain our customer we will, on request, advise you of the services and/or line features available at your new address.

5.2 If you move house and wish to continue to take the Call Service you may have to pay a Homemover Fee (see our website for more information on this) and a new minimum period will begin.

For more information please see our ‘Moving Home’ Policy which is available on our website or from Customer Services.

6. Termination by You

6.1 If you wish to end some or all of your services or line features, you must call Customer Services or write to us.

6.2 If you wish to cancel a particular service, the following will apply:

  1. To end the Call Service, you must tell us in writing 15 days in advance of leaving us.
  2. To end the Broadband Service, you must tell us in writing 30 days in advance of leaving us;
  3. To end the Line Rental Service, you must tell us in writing 30 days in advance of leaving us.

However, if you are leaving us to go to another telephone company, we will consider that you have given appropriate notice as soon as we receive notice from your new provider

6.3 When you enter into a contract you are entitled to a 14 calendar day cooling-off period, which allows you to cancel this contract within 14 calendar days from the day it was made.

You will not be charged if you cancel your Line Rental or Call Service within 10 working days from the date on which you agreed to take those services.

6.4 Upon termination of any service all sums outstanding and any cancellation charges become immediately due. If your account is in credit we shall refund any excess after settlement of all charges on your final account.

6.5 Some of our tariffs carry a cancellation charge and/or disconnection fee. This will be identified in your tariff guide if applicable.

6.6 If you are subscribed to a Call Service and/or a Line Rental Service and choose another provider for some or all of your calls, we may, at our sole discretion, decide to alter the tariff guide under which any remaining services are provided.  If we do clause 11.2 will apply to the extent it is applicable.

For more information please see our ‘Termination and Cancellation’ Policy and our ‘Ending a Particular Service or Changing Tariff’ Policy which are available on our website or from Customer Services.

7. Suspension of Services By Us

7.1 We may immediately suspend the provision of the services to you until further notice without compensation if:

  1. we reasonably suspect that you are in breach of these terms and conditions or
  2. we are obliged to comply with an order or request of the UK Government, an emergency services organisation or other competent authority or
  3. any other event outlined in our ‘Suspension’ policy.

For more information please see our ‘Suspension’ policy which is available on our website or from Customer Services.

8. Termination by Us

8.1 We may terminate your contract with us if:

  1. we reasonably suspect that you are in breach of these terms and conditions
  2. you give us false credit information
  3. you are or become bankrupt or enter in to an IVA or similar creditors' agreement
  4. at any time BT ceases to provide services to us such that we are unable to continue to provide any of the services
  5. you cancel or terminate any service or change tariff guide, in which case, we may cancel any other of your services by giving you 30 days’ notice.

8.2 If we wish to cancel a service, the following will apply:

  1. to end the Call Service we will give you 7 days’ notice in writing
  2. to end the Line Rental Service or the Broadband Service, we will give you 30 days’ notice in writing.

9. Service Failure

9.1 We may sell or provide a modem to customers of our Broadband Service or a call dialler if you chose to take our Cable Saver product, but we will not provide you with any other equipment. We are not responsible for any problems you may have with any equipment not provided by us, including the provision of technical support.

9.2 You must not connect any equipment that is likely to harm our network or other customers’ equipment. If you do, you must disconnect it immediately or allow us to do so at your expense.

9.3 If there is a fault with your service or line features, you should contact Customer Services. Faults may be reported between normal working hours on a Working Day. Any fault reported outside these hours will be treated as if it had been reported at the beginning of the next Working Day.

9.4 We will use reasonable endeavours to respond to your fault within 1 working day after the day you report the fault to us. 

9.5 We cannot guarantee the availability of any service or line feature.

For more information please see our ‘Faults and Repairs’ Policy which is available on our website or from Customer Services.

10. Terms Specific to Broadband

10.1 We will endeavour to provide the 'download' transmission speed that you have signed up for, but this cannot be guaranteed.

10.2 You may need to obtain a Migration Authorisation Code (“MAC") from your current broadband provider in order to move to our Broadband Service. This MAC will only be valid for a limited period and can only be used once. For further details about MAC's or of these charges please call Customer Services or visit our website.

10.3 If you terminate your Broadband Service prior to the end of the minimum period, you must pay us the amount set out on our tariff guide at the time you cancel. The same applies if your telephone line is disconnected for any reason such that we can no longer provide you with our Broadband Service.

For more information please see our ‘Hardware, Software and Broadband’ Policy which includes details of our Technical Support Helpline and is available on our website or from Customer Services.

11. Terms Specific to the Call Service

         The terms specific to your Call Service are detailed in your tariff guide.

12. Terms Specific to the Line Rental Service

12.1 Unless requested otherwise, we will endeavour to ‘port’ your number from any previous communications provider. You agree not to transfer the number to anyone else or to try to do so.

12.2 You accept that we may have to change your telephone number. We will do so only when it is reasonably necessary or if we are requested to do so by OfCom or another similar regulator. We will tell you before we change your number.

13. Your Use of the Services

13.1 Your use of the services is subject to our Fair Usage Policy, which is available on our website or from Customer Services.

13.2 You must not use any of our services for anti-social or illegal purposes. For full details see our ‘Use of Service’ Policy, which is available on our website or from Customer Services.

All Services

1. Liability

1.1 We accept full legal responsibility if we or our agents kill or injure somebody (or cause somebody to be killed or injured) because we or they have been negligent or if we or they act fraudulently.

1.2 Subject to clauses 1.1 and 1.4, in the case of the supply of electricity or gas, if you suffer any loss or damage, (including damage to your property as a result of defective digital content which we have supplied to you in connection with this contract that damages a device or digital content belonging to you) our liability to you will be limited to £100,000 for each event that causes you loss.  If there are a number of connected events that cause you loss, our responsibility will be limited to £100,000 in total for these events.

1.3 Subject to clause 1.4, in the case of telephony services if you suffer any loss or damage, our responsibility to you will be limited to £5,000 for each event that causes you loss.  If there are a number of connected events that cause you loss, our responsibility will be limited to £5,000 in total for these events.

1.4 Subject to clause 1.1, we will not, under any circumstances, be responsible for:

a) any financial loss or damage, for example loss of profit, income, business, contract or goodwill or
b) any loss which, when we made this contract with you, we could not reasonably have expected would happen even if we, our employees, subcontractors or agents did not follow the requirements of these terms and conditions or
c) failure to provide electricity or gas or a service we have agreed due to anything beyond our reasonable control.

1.5 Subject to clause 1.1, in the case of electricity and gas supply if the gas transporter or network operator causes you any loss or damage, we will only be legally responsible to you for the amount we are entitled to recover from the gas transporter or network operator (or both) on your behalf. In the case of telephony services, this clause applies to other network operators and other providers of telecommunication services upon whom we rely to provide your service(s).

1.6 Nothing in these terms and conditions shall impose any liability on us in respect of non-performance of any of our services where the performance claimed is outside the terms of your contract or where such non-performance is directly due to your acts, omissions, negligence or default.

1.7 The Broadband Service allows you to access the internet and you agree that we will not be liable for any loss whatsoever which you may incur by reason of your use of the internet.

We recommend that you install security/antivirus software on your PC before accessing the internet. We may offer you antivirus software or other security features as part of your tariff guide or as an additional service. Where such antivirus software or other security features are in addition to the standard features of your tariff guide we shall be entitled to charge you for its use. We expect any antivirus software or other security features which we provide to you to be effective but we cannot guarantee that it will protect your PC from all harmful or malicious traffic disseminated on the internet. We shall not be liable for any loss or corruption of data or any losses you may suffer arising from your use of (or failure to use) any antivirus software or other security features not provided by us. You agree that it is your responsibility to protect your PC against viruses and to back up all data to protect against loss or corruption of such data. We shall have no responsibility for any goods, services, information, software or other materials that you use or obtain when using your PC whether offline or online for accessing the internet (including email).

1.8 We do not warrant or guarantee the accuracy or completeness of any content provided with the Broadband Service, including without limitation, any information, sound, data, software or other materials (in whatever form). You agree that any use that you make of any such Content is at your sole risk and is subject to any third party terms and conditions applicable to that Content.

1.9 Although information and alarm signals can be carried across a network, we are not responsible for lack of service or failure to deliver an alarm signal due to:

  1. your use of the services
  2. a network going down
  3. suspension of your account under clause 9 of the telephony" terms and conditions
  4. failure arising from any misuse of the phone line or telephone equipment
  5. your telephone line being migrated to our LLU
  6. reasons outside our control (including, without limitation, if there is a technical failure of a network, because a network is being tested, modified or maintained or if access to any network is denied to us).

1.10 Each individual sub clause in this clause 1 applies separately. If a court or other authority tells us we cannot rely on a certain sub clause, the other sub clauses will still apply.

1.11 This clause shall survive the termination of this contract.

2. Use of Your Information

2.1 To become your supplier and manage your account we hold personal information on you. This section explains how this information may be used and who can see it.

2.2 We may use your information to carry out a credit check using licensed credit reference agencies who will record the details.

2.3 Your information may also be used by us, credit reference agencies and other organisations to help make decisions about other credit applications by you or other members of your household with whom you are linked financially and by other suppliers and the TRAS fraud prevention agency to prevent and detect fraud including energy theft.

2.4 We may use your personal information to:

  1. provide you with the services that are the subject of the contract
  2. offer you other services
  3. assist in the running of and improving the way we run any accounts, services and products we have provided before, now or in the future
  4. help prevent and detect debt, fraud including energy theft and loss, we and the TRAS fraud prevention agency will keep a record of your information which may include information relating to your property type and energy consumption as well as sensitive personal information including that relating to criminal convictions if we believe you may have committed energy theft
  5. help train our staff
  6. Create statistics, analyse customer information (for example, energy used or other similar information), and create profiles using it including for the purposes of fraud and theft assessment.

You may opt out of your information being used for b), e) or f) above.  Please contact Customer Services on 01926 320700 for Electricity and Gas Services or 01926 320701 for Telephony Services or by email at customer.service@first-utility.com to do so or if you have any questions on how we use your personal information. Alternatively, you can manage your information settings when you login to your online account via our website and/or App.

2.5 In order to provide you with the service you have asked for we may pass on information we hold to other companies to:

  1. help us to provide, or improve the way we provide, the services we provide (for example a new supply point) or are needed to run your account (for example meter reading agencies)
  2. manage debt collection and to help prevent and detect debt, fraud (including energy theft) and loss by notifying the TRAS fraud prevention agency and other energy suppliers to carry out periodic checks or where we suspect a customer has committed fraud or stolen energy and by using debt collection agencies and data service providers if you owe us money
  3. provide information on our customers if our business is to change ownership
  4. provide information for legal purposes if we are asked to do so.

We may also pass on information we hold to OFGEM or OfCom if we are required to do so.

2.6 You agree that prior to you becoming a customer we may obtain information from your previous supplier. Similarly, you agree that we may provide information about you to a new supplier should you move from us to a new supplier in the future.

2.7 We may share your data with approved partners who will use this information solely to administer and improve the service we provide. If you do not wish us to do so, please contact Customer Services on 01926 320700 for Electricity and Gas Services or 01926 320701 for Telephony Services or by Email: at customer.service@first-utility.com

2.8 We will include your details in a telephone directory in printed/electronic format, a telephone directory available on the internet or World Wide Web and a directory enquiry service operated by us or by a third party, but only where you have consented to this.

2.9 In the case of Gas and Electricity Services, if we believe that you (or a member of your household) need extra care (for example, because of your age, health, disability or other circumstances), we may record this in the information we hold about you. We may share your information with:

  1. Social Services, charities, health care and other support organisations, if we believe at any time that they may be able to help you, or the other members of your household, by making sure that there is a gas or electricity supply to your home
  2. The relevant gas transporter, network operator, or metering agents.

3. How to Make a Complaint

3.1 You may, at any time, seek advice from Citizens Advice Consumer Services on 03454 040506 or at www.citizensadvice.org.uk/energy for free, independent and impartial advice so that you “Know your rights” as an energy consumer. This may include information on getting a better deal, advice about the quality of your electricity or gas supply, or asking for help if you're struggling to pay your bills.

3.2 If you do wish to make a complaint we have a formal, detailed, complaints handling procedure. A copy of our policy “Complaints Handling” is available on our website or from our Customer Services Team.

3.3 To make a complaint please contact our Customer Services Team in the first instance. You can do this by writing to us at:

First Utility Limited           
PO Box 4360
Warwick
CV34 9DB

OR

First Telecommunications Limited
PO Box 4360
Warwick
CV34 9DB

Alternatively, you may contact us by telephone on 01926 320700 for Electricity and Gas Services or 01926 320701 for Telephony Services. You may also contact us by email on: customer.service@first-utility.com

In addition to the above, the European Commission has established a web-based platform to allow consumers and traders to submit a contractual dispute arising from buying goods or services online. Access to the portal is available through the following link: http://ec.europa.eu/consumers/odr/.

3.4 Our Customer Services Team will do their best to resolve your complaint, but if you feel your complaint has not been handled to your satisfaction, you may then ask to speak to our Customer Contact Specialist Team.

3.5 If you remain unhappy with our resolution of your complaint, or if your complaint has not been resolved within 8 weeks of the date you told us about it, you may refer the matter to the Ombudsman Services: Communication or Ombudsman Services: Energy on 0330 440 1624 or at www.ombudsman-services.org/energy. They are free and independent, and we are bound by their decision.

3.6 In the case of Telephony Services, if you feel dissatisfied with the way we have handled your complaint, you can seek independent advice from OfCom on: 0300 123 3333.

3.7 In the case of Gas and Electricity supply we provide a range of services for customers who are registered with us as vulnerable. In particular we will not disconnect supply in winter (1 October to 31 March) where anyone living in the property is vulnerable. For further information, please see our policy “Helping Our Vulnerable Customers” which is available on our website or you can contact Customer Services.

4. Digital Content

4.1 We may make available/supply certain digital content to you in connection with this contract (such as our App) and we will continue to make available/supply the same to you until this contract expires or is terminated in accordance with these terms and conditions. We will notify you of any installation/download instructions which you must follow.

4.2 We are not responsible for any delays outside of our control. If any digital content we supply to you in connection with this contract is delayed by an event outside of our control, then we will contact you as soon as possible to let you know (including updates via our website and App) and will take steps to minimise the effect of the delay.

4.3 We may update or require you to update any digital content we make available/supply to you in connection with this contract provided that the digital content shall always match the description of it that we provided to you when you entered into this contract.

4.4 If defective digital content which we have supplied to you in connection with this contract damages a device or digital content belonging to you we will either repair the damage or pay you compensation.

5. Other Important Information

5.1 These terms and conditions together with your tariff plan the “all services” terms and conditions and any document referred to in them are the entire agreement between you and us and supersede all prior agreements between you and us. However, this does not affect your right to rely on any pre contract statements we make or information we provide to you in relation to this contract

5.2 You cannot transfer any of your rights or obligations under this contract to another person without our prior written permission.

5.3 We can assign, grant security or declare a trust over, or transfer by novation or otherwise, all or any of our rights (including the right to recover unpaid charges) or interests and liabilities under the contract and/or sub-contract any of our obligations under this contract, in each case without your prior consent.

5.4 The terms and conditions of this contract remain in force at all times. If we have not enforced a particular clause that does not mean that we will not take action in the future.

5.5 Communications with you may be recorded for training and quality control purposes. This includes telephone calls and emails.

5.6 You agree to receive communications by email and also agree that these methods are to be considered legally enforceable communications in writing.

5.7 Written notice sent by First Class post, by hand or by email will be considered delivered one (1) day after it was sent.  This will not apply to email if the sender has received a message by return saying that the email has not been delivered.

5.8 We must end this contract immediately if:

  1. we no longer have the relevant licences to supply your property or
  2. any governmental or regulatory body or authority (eg OFGEM) tells another supplier to supply your gas or electricity.

5.9 We operate our business under the obligations placed on us by the Utilities Act 2000 and other industry or government regulations. If these change we may alter these terms to reflect any new obligations and/or costs placed upon us. If this happens we will tell you in writing.

5.10 If a court or other governmental or regulatory authority tells us a part of this contract is not valid, the rest of the contract will not be affected.

5.11 We make every effort to ensure the security of your communications. You are, however, advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed.

5.12 The laws of England and Wales or Scotland apply to this contract, depending on where your property is.

5.13 Unless expressly provided in this contract, no express term of this contract is enforceable pursuant to Contracts (Rights of Third Parties) Act 1999 or otherwise by any person who is not party to it.
updated: 23/02/17 v-02-17 Print
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