FIT terms and conditions
"Accreditation" means the process of accreditation via one of the following routes:
(a) MCS, which certifies microgeneration installations in accordance with the relevant standards; or
(b) ROO-FiT, which is the process of accreditation by Ofgem for installations not covered by MCS;
"Application Form" means the application form you complete and send to us to request to switch your FiT Payments to us;
"Approved Meter" means a meter which complies with Schedule 7of the Electricity Act 1989 or any subsequent or equivalent meter legislation in accordance with the requirements of the FiT Scheme;
"Central FiT Register" means the register kept and maintained by Ofgem for recording details of all Generation Units and other such matters relating to the FiT Scheme;
"Connected Person" means any person connected to you or your Nominated Recipient within the meaning of section 122 of the Corporation Tax Act 2010;
"Contract" has the meaning set out in clause 1.1;
"Electricity Distributor" means the licensed operator of the part of the electricity distribution system to which your premises are connected;
"Export Meter" means an Approved Meter that measures how much electricity is exported to the grid by your Generation
"Export Meter Reading" means the measure by an Export Meter of the amount of electricity exported to the grid by your Generation Unit;
"Export Payment" means the sum paid by us for FiT export in any period, calculated in reference to the Export Tariff and Export Meter Reading, or deemed export, as set out in clause 6;
"Export Tariff" means the rate per kilowatt hour for electricity exported or deemed to be exported, from your Generation Unit as set out in the FiT Schedule;
"Extensions" means a change to the installation to increase its generation capacity. This applies where the initial installation Accreditation was before the modification was made;
"FiT" means Feed-in Tariff;
"FiT Licensee" means either a voluntary or mandatory FiT Licensee as defined in the FiT Scheme Rules; "FiT Payment" means Generation Payments and/or Export Payments;
"FIT Schedule" means a schedule which is part of the Contract which is provided upon completed registration for FiT Payments with us and which confirms various specific provisions that apply to you and/or your Generation Unit;
"FiT Scheme" means the scheme covered by the FiT Scheme Rules;
"FiT Scheme Rules" means the relevant standard licence conditions applicable to electricity suppliers which govern the operation of the FiT Scheme, the Feed-in Tariff Order 2012 (as amended) and any other legislation, rules or guidance (including that published by Ofgem) which apply to the FiT Scheme from time to time;
"FiT Terms and Conditions" means these terms and conditions;
"Generation Meter" means an Approved Meter that measures how much electricity is generated by your Generation Unit;
"Generation Meter Reading" means the measure by an Approved Meter of the amount of electricity generated by your Generation Unit;
"Generation Payment" means a payment under the FiT Scheme in respect of electricity generated by your Generation Unit;
"Generation Unit" means a renewable installation which generates electricity using one of the following technologies: solar photovoltaic, wind, anaerobic digestion, hydro or combined heat and power;
"kW" means kilowatt;
"MCS" means the Microgeneration Certification Scheme;
"Meter Reading" means either a Generation Meter Reading and/or where applicable an Export Meter Reading;
"MW" means megawatt;
"NFFO Arrangement" has the meaning set out in:
(a) the Renewables Obligation Order 2009 (as amended) in respect of Generation Units situated in England and Wales; and (b) the Renewables Obligation (Scotland) Order 2009 (as amended) in respect of Generation Units situated in Scotland; "Nominated Recipient" means the person you have appointed to receive FiT Payments under this Contract;
"Ofgem" means the Gas and Electricity Markets Authority, including the Office of Gas and Electricity Markets which regulates the gas and electricity markets in Great Britain;
(a) the Renewables Obligation Order 2009 (as amended) in respect of Generation Units situated in England and Wales; and (b) the Renewables Obligation (Scotland) Order 2009 in respect of Generation Units situated in Scotland;
"we"/"us"/"our" means Octopus Energy Limited (registered number: 09263424), having its registered address at UK House, 5th floor, 164-182 Oxford Street, London WID 1NN;
"Working Day" means:
(a) if this Contract is governed by the laws of England and Wales, any day on which banks are open for business in London (excluding Saturdays, Sundays and public holidays); or
(b) if this Contract is governed by the laws of Scotland, any day on which banks are open for business in Scotland (excluding Saturdays, Sundays and public holidays); and
"you"/"your" means the person who owns the relevant renewable electricity generating system, also known as the "FiT Generator".
- These FiT Terms and Conditions together with your Application Form, once agreed by you, will form the basis of a legally binding contract (the "Contract") between you and us in relation to your participation in the FiT Scheme.
1.2 Please read these FiT Terms and Conditions carefully so that you fully understand your commitments and our responsibilities.
1.3 This Contract is separate to the terms and conditions for the supply of gas and electricity that you may have with us and will not affect your rights and obligations under those terms.
1.4 The definitions and explanations at the start of these FiT Terms and Conditions apply.
1.5 By signing this declaration, you are confirming that the information you have provided is complete and accurate.
1.6 Once agreed to, failure to adhere to these terms may result in the suspension of FiT Payments and in some instances warrant an investigation by Ofgem.
2 Commencement and Duration
2.1 This Contract will start, and your participation in the FiT Scheme through us will become fully effective, when (but not before) all of the following have happened:
2.1.1 your Generation Unit has been registered on the Central FiT Register and is recorded as being owned by you; 2.1.2 we are recorded on the Central FiT Register as being the FiT Licensee in respect of your Generation Unit; and 2.1.3 we have received a signed copy of your Application Form requesting your switch to us.
2.2 This Contract will continue until such time that it is terminated under clause 8.
3 Eligibility for the FiT Scheme
3.1. To be eligible to join the FiT Scheme and receive FiT Payments from us you must:
3.1.1. be the owner of a Generation Unit which has a total installed capacity under 5MW (or 2kW for micro CHP);
3.1.2 provide us with appropriate Accreditation details for the Generation Unit; 3.1.3 have a Generation Meter;
3.1.4 not be receiving FiT Payments from another FiT Licensee in respect of the Generation Unit (unless you are in the process of switching to us);
3.1.5 not be applying in respect of a Generation Unit which is or has been accredited under the ROO or claimed or is claiming Renewables Obligation Certificates in respect of electricity generated by it;
3.1.6 not be selling or have sold electricity from the Generation Unit pursuant to a NFFO Arrangement; and
3.1.7 provide us with appropriate confirmation and/or evidence that the Generation Unit was not purchased or installed with the assistance of a public grant (except as permitted under the FiT Scheme Rules) and is otherwise eligible for receipt of FiT Payments.
3.2 Once you have completed and returned an Application Form to us, we will verify the information you provide to ensure that you are eligible for FiT Payments in relation to the relevant Generation Unit.
3.3 By accepting these FiT Terms and Conditions, you confirm that you have informed us of any other Generation Units registered on the Central FiT Register, including any Extensions, to which you or your Nominated Recipient are a Connected Person.
3.4 You agree to keep us informed in writing of any changes to any of the information we or the Central FiT Register may hold about you. It is your responsibility to ensure that the information about you and your Generation Unit is complete and accurate at all times.
3.5 If we provide you with reasonable notice, you agree to give us or any third parties authorised by us, safe access to your premises for any of the following reasons:
3.5.1 to inspect and test any Generation Meter and/or Export Meter and to verify any Meter Readings;
3.5.2 to inspect the Generation Unit and verify the accuracy of any information you have provided to us in relation to the FiT Scheme and/or this Contract.
3.6 You hereby declare that, if your Generation Unit is not connected to the electricity grid, it is your intention to use any and all electricity generated by your Generation Unit and you fully understand that any electricity generated but not so used will not be eligible for FiT Payments.
4.1 In order to receive FiT Payments from us, you must provide us with Meter Readings for your Generation Meter and, if applicable, your Export Meter:
4.1.1 at the start of this Contract;
4.1.2 between the 16th and 31st of March each year for the duration of this Contract;
4.1.3 between the 16th and 30th of June each year for the duration of this Contract;
4.1.4 between the 16th and 30th of September each year for the duration of this Contract; and 4.1.5 between the 16th and 31st of December each year for the duration of this Contract.
4.2 In order to submit your Meter Readings as set out in clause 4.1 above, you will be sent a unique web link on or around the 16th of each period set out in clauses 4.1.2 to 4.1.5 (inclusive). Alternatively, you can submit your Meter Readings via telephone by calling 0808 164 1088.
4.3 Meter Readings that you provide to us will be validated against the expected generation capability of your Generation Unit. Sometimes we may request additional Meter Readings from you to better evidence and verify the actual generation prior to making a FiT Payment. When requested, if we do not receive additional Meter Readings from you, your FiT Payments may be delayed.
5.1 FiT Payments will be calculated and made to you (or your Nominated Recipient) based on the information held on the Central FiT Register and the Meter Readings you provide us for each quarterly period. FIT Payments will be made within 6 weeks of you providing us with valid Meter Readings so long as you provide the Meter Readings to us in accordance with clauses 4.1 and 4.3 above. We'll let you know if there's a change to any of the information we use to calculate your FiT Payments.
5.2 Once we are registered as the FiT Licensee for your Generation Unit on the Central FiT Register we will issue you with a FiT Schedule detailing your FiT Payments and you must sign and return this to us. If this process is not completed within ten Working Days your eligibility for FiT Payments could be discontinued, but we will inform you if this happens.
5.3 Once your signed FiT Schedule is received by us, you are eligible to receive FiT Payments from us with effect from the switchover date on the Central FiT Register which is the date that the Generation Unit is transferred to us.
5.4 We will work out the first FiT Payment that we make to you based on the Meter Readings you gave at the start of this Contract and the Meter Readings you give us at the end of each quarterly period in accordance with clause 4.1 above.
5.5 If Ofgem tells us that you or the Generation Unit have been suspended or removed from the Central FiT Register, we will stop making FiT Payments until Ofgem tells us that we may start again.
5.6 We may reduce or withhold money from FiT Payments or you may have to repay us if you, we or Ofgem have made a mistake, or if Ofgem reasonably decides that you have abused the FiT Scheme. If there has been an overpayment, we reserve the right to request the amount of overpayment to be paid back to us by you.
5.7 If we, you or Ofgem make a mistake that means you don't get your quarterly FiT Payment or you get less than you should have, we will increase your next FiT Payment to reimburse you.
5.8 If you think there is a problem with a FiT Payment, you must tell us as soon as possible and we will work with you to sort out the issue.
5.9 VAT is not applicable to Generation Payments. For domestic customers and organisations that are VAT exempt, VAT won't be included in Export Payments. If you're a business that is VAT registered, VAT will be added at the appropriate rate to your Export Payments. If either party ceases to be VAT registered or changes its VAT registration number, it will promptly notify the other of this.
5.10 You must keep records of all Meter Readings and all FiT Payments paid to you or the Nominated Recipient for at least 12 months after you receive them. Failure to do so could result in non-payment of any further FiT Payments.
5.11 If you want a Nominated Recipient to receive your FiT Payments, you must tell us in writing. You will still be responsible for giving us Meter Readings so the Nominated Recipient can receive the FiT Payments.
5.12 If you wish to change or remove the Nominated Recipient's details, you must tell us in writing.
5.13 The Nominated Recipient cannot instruct us to make any changes to the details of the generator or the accredited FiT installation.
6 Export Payments
6.1 If your Generation Unit is connected to the electricity grid, you may be eligible for Export Payments.
6.2 You must tell us whether you want to receive Export Payments under the FiT Scheme. You cannot receive Export Payments if the Generation Unit is not connected to the electricity network or if you have opted to sell your export on the open market.
6.3 Once you have told us whether you want to receive Export Payments, you cannot change your decision until 21 months from the date you informed us. After 12 months have passed, you may change your decision, however, you cannot do so more than once in any 12-month period and you must tell us of this change.
6.4 If your Generation Unit has an Export Meter, we will calculate your Export Payments using Meter Readings from the Export Meter. You must give us accurate Meter Readings from the Export Meter as set out in clause 4.1. You do not need to provide Meter Readings from the Export Meter if you have told us that you do not want to receive Export Payments under the FiT Scheme.
5.5 If your Generation Unit does not have an Export Meter, you will only receive Export Payments if the Generation Unit is connected to the electricity network and has a total installed capacity of less than 30kW. Your Export Payments will then be calculated on the basis that the amount of electricity export is 50% of the electricity generated in the case of solar photovoltaic, wind, anaerobic digestion and combined heat and power, or, 75% of in the case of hydro. Further information on your Export Tariff will be detailed in the FiT Schedule.
6.6 If you install an Export Meter after the start of this Contract, you must tell us straight away. If you have not opted out of Export Payments, you must provide a Meter Reading from the Export Meter as at the date it was installed and then in accordance with clauses 4.1.2 to 4.1.5 (inclusive).
7 Terms of Connection
7.1 If your Generation Unit is connected to the grid to allow you to export electricity generated by the Generation Unit, you must ensure that you have obtained any permission that is needed from the local network operator to make these exports and that you comply with any requirements that they have placed upon you. If a connection agreement with the local network operator, covering the export arrangements, is not already in place then we may be required to ensure that you enter into a standard connection agreement with the local network operator under the industry standard procedure.
7.2 As your supplier we are acting on behalf of your local network operator to make an agreement with you. The agreement is that both you and your local network operator accept the National Terms of Connection (NTC) and agree to keep to its conditions. The NTC is a legal agreement. It sets out the rights and duties in relation to the connection at which your local 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 SWIP 2AF: phone 0207 706 5137, or see the website at www.connectionterms.co.uk.
8 Switching and Ending this Contract
8.1 You can end this Contract at any time by switching to another FiT Licensee of your choice. That supplier will contact us directly.
8.2 As a mandatory FiT Licensee, we have a duty to participate as required in facilitating the switch of FiT Payments to and from us.
8.3 If you wish to move to another FiT Licensee, the termination of this Contract will take effect once the new FiT Licensee has been registered as your FiT Licensee on the Central FiT Register.
8.4 As part of the switching process, you will need to provide your new FiT Licensee with Meter Readings for the switch date. The new FiT Licensee will then finalise the switch on the Central FiT Register and provide us relevant Meter Readings for the switch date. We will not have any responsibility for making a final payment to you under this Contract until we have received the necessary final Meter Readings.
8.5 If you cease to be the owner of the Generation Unit, you must inform us of this.
8.6 This Contract will terminate automatically in any of the following circumstances:
8.6.1 you cease to be the owner of the Generation Unit;
8.6.2 If, for any other reason, you cease to be eligible to continue
participating in the FiT Scheme in relation to the Generation Unit (for
example, where Ofgem has removed the Generation Unit from the
Central FiT Register on a permanent basis or because the eligibility
period has expired); and/or
8.6.3 if at any time we cease to be a FiT Licensee.
8.7 We may end this Contract if Ofgem tells us they have removed you from the FiT Scheme or if the government withdraws or substantially changes the FiT Scheme.
9 Moving Home
9.1 If you are moving home or business premises and as part of this move, you cease to be the owner of the Generation Unit, you must inform us as soon as reasonably possible if there is a change of ownership of the Generation Unit.
9.2 However, if you move home and you agree with the new occupant that you are still the owner of the Generation Unit, then you must:
9.2.1 notify us of the address we should use to correspond with you;
9.2.2 provide us with evidence that even though you have moved, you continue to be the owner of the Generation Unit; and
9.2.3 continue to comply with the obligations of this Contract, including ensuring that you are able to provide us with Meter Readings and allow us to gain access to the premises as per clause 3.5.
10 Changes to your installation
10.1 You must let us know in writing, as soon as reasonably possible if you make any changes (including any Extensions) to your Generation Unit or Approved Meters), as this may affect your FiT Payments.
10.2 You must notify us of any modification to your meters including if a smart meter has been installed.
10.3 You must notify us of any installation of an electricity storage device.
10.4 If you don't tell us about any of the changes referred to above in clauses 10.1 to 10.3 (inclusive) and we then discover this has happened, we may have to report this to Ofgem who will take appropriate action which may include changing the amount of any FiT Payments. We reserve the right to suspend, withhold or recoup any FiT Payments in accordance with Ofgem's instructions.
10.5 If the change to your Generation Unit impacts your FIT Payments, Ofgem will notify us and we will send you a summary of the changes. Any such changes will take effect from the point at which the Central FiT Register is updated by Ofgem.
11 Changes to this Contract
- We can make changes to this Contract at any time by giving you written notice, and we will let you know in writing as soon as possible prior to the change.
- If the installation details recorded on the Central FiT Register are changed, a new contract with the amended details will be issued and must be signed before any FiT Payments are issued.
11.3 We reserve the right to make a change to charge you an annual fee for providing FiT Licensee services. If we were to make this change, we would give you as much notice as possible and at least 30 days' notice explaining how and when the fee would be payable and you would have the right to terminate this Contract if you did not wish to be bound by the change.
11.4 We may transfer, subcontract, assign or novate any or all our rights and obligations under this Contract without your consent. This will not affect your rights under the Contract.
11.5 You may not transfer this Contract or any of your rights and obligations under it without first obtaining our written
12.1 We have a duty not to impose any obligations on a FiT Generator which are additional to, or more onerous than, those that are necessary to enable us as a FiT Licensee to meet our obligations under the FiT Scheme.
12.2 We have a duty to fulfil our obligations under the FiT Scheme efficiently and expeditiously.
12.3 We will not be liable to you in the following circumstances:
12.3.1 any loss which is indirect, consequential, economic or financial including loss of profit, revenue, goodwill, business, contract or wasted expenses;
12.3.2 any loss which was not or could not have been reasonably foreseen even if we, our employees, subcontractors or agents did not follow this Contract; or
12.3.3 any loss caused to you by the gas transporter or the Electricity Distributor in excess of the amount we are entitled to recover from the gas transporter or the Electricity Distributor on your behalf.
12.4 Our maximum liability to you in any calendar year shall not exceed £25,000.
12.5 We do not limit or exclude liability for death or personal injury caused by our negligent acts or omissions.
12.6 We will not be liable to you for any failure to comply with this Contract which is directly or indirectly caused by any circumstances beyond our reasonable control. You will not be liable to us for any failure to comply with this Contract which is directly or indirectly caused by any circumstances beyond your reasonable control.
12.7 Nothing in this clause is intended to limit or exclude our liability for paying FiT Payments which are properly owed to you under this Contract in accordance with the FiT Scheme.
13.1 You can raise a complaint by calling the Octopus Energy team on 0808 164 1088. Our office hours are 9am to 5pm Monday to Thursday and 9am to 4pm on Friday. You can also email us anytime about an issue at email@example.com or, if you prefer, you can write to us at: Octopus Energy Ltd, UK House, 5th floor, 164-182 Oxford Street, London W1D INN. Our complaints policy can be found on our website: www.octopus.energy/unhappy.
13.2 If you need independent advice at any time and your premises are based in England or Wales, you can contact Citizens Advice by phone on 03454 040506 or visit their website at www.citizensadvice.org.uk/energy/. If your premises are based in Scotland, you can contact Advice Direct Scotland by phone on 0808 196 8660 or visit their website at https://energyadvice.scot/. Both services are free, independent and confidential.
13.3 When you submit a formal complaint, we will do everything in our power to resolve the issue.
13.4 If we cannot find a mutually acceptable solution, we will write to you to explain our position and our best offer. This is known as a deadlock letter.
13.5 In the event of you not wanting to accept the suggestion in the deadlock letter, or if the issue remains unresolved for more than eight weeks, you can then refer the issue to the Energy Ombudsman:
13.5.1 you can contact the Energy Ombudsman by phone on 0330 440 1624, by email at firstname.lastname@example.org or through their website: www.ombudsmanservices.org/energy.html.
Alternatively, you can write to the Energy Ombudsman: PO Box 966, Warrington, WA4 9DF.
13.5.2 The Energy Ombudsman will undertake a full review of your concerns and of the actions that we took in order to try to get to a resolution. This is a free and independent service.
13.5.3 The decision of the Energy Ombudsman is binding for us but not for you.
13.6 More information on your rights can be found in the 'Know your Rights' document on the Citizens Advice website.
13.7 Further details of the dispute resolution process currently in force under the FiT Scheme can be found at: https://www. gov.uk/government/publications/dispute-resolution-processes-for-feed-in-tariff-complaints/dispute-resolution-processes-f or-feed-in-tariff-complaints-raised-by-generators#complaint-about-your-fit-licensee
14 Your Information
14.2 Information you provide to us under this Contract or by any Nominated Recipient can be used by us, Ofgem or any other relevant regulatory authority, government departments or industry bodies for the purpose of administering, reporting on, auditing and performing statistical analysis on the FiT Scheme. We will have the right to share information of this kind with Ofgem and any other relevant regulatory authorities for these purposes.
14.3 We will always process personal data fairly and lawfully in accordance with your rights.
14.4 It may be necessary to share your data with third parties in order to process your data and comply with industry obligations.
14.5 We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless you have agreed to this or would otherwise reasonably expect this. You may also ask that we correct inaccurate personal data relating to you.
15.1 The laws of England and Wales apply to this Contract if your premises are in England or Wales. If your premises are in Scotland, Scots law shall apply. Any disputes arising shall be dealt with by the English or Scottish courts as applicable.
15.2 If we do nothing, or delay taking action, when you breach this Contract, we will still be entitled to take action to enforce a similar or subsequent breach of the Contract by you.
15.3 lf any part of this Contract is declared invalid or is void or unenforceable, the validity of the rest of the Contract will not be affected.
15.4 If there is any inconsistency between this Contract and any other documents sent to you in relation to the FiT Scheme, these FiT Terms and Conditions will prevail.
15.5 Notices to you under this Contract will be sent by post or hand to the billing address, or in the case of email to the last known email address that you have provided. We will treat such notices as having been received 2 Working Days after we have sent it to you, unless we receive evidence to the contrary. Notices to us under the Contract must be sent by post ot Octopus Energy Limited, UK House, 5th floor, 164-182 Oxford Street, London WID 1NN.
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