Export Tariffs - Terms & Conditions

Octopus Energy Limited

Last updated on 9th August 2023

Definitions

"CfD" – means a contract for difference as defined in the Energy Act 2013 (as amended) and any regulations made under it.

“Export Tariff” means a contract for the payment to you for Energy you export to the grid and may include both fixed rate tariffs and agile tariffs.

“Export T&CS” means these terms and conditions for the Export Tariff.

"FIT scheme" a Government scheme as set out in the Feed-in Tariffs Order 2012 under which a generation or export payment may be made.

“Import Tariff” means the tariff under which you purchase Energy from us (if applicable to you).

“Import T&CS” means our General Terms and Conditions for Domestic Customers for your Import Tariff with Octopus Energy (if applicable to you).

"NFFO" as defined in the Renewables Obligations Order 2009 and the Renewables Obligation (Scotland) Order 2009 (including any amendments to them).

"ROC" as defined in the Renewables Obligations Order 2009 and the Renewables Obligation (Scotland) Order 2009 (including any amendments to them).

"Smart Export Guarantee" means the Smart Export Guarantee scheme as set out in the Smart Export Guarantee Order 2019, our electricity supply licences and other applicable laws.

1 Introduction

1.1 These Export T&Cs and the Export Tariff we agree with you shall form the contract between you and Octopus Energy for you exporting Energy to the grid.

1.2 If you have an Import Tariff with us, our Import T&Cs (found here) will still apply to govern that supply of Energy to you

1.3 Defined terms in these Export T&Cs will have the same meaning as in our Import T&Cs unless stated otherwise.

1.4 Please read these Export T&Cs carefully so that you fully understand your commitments and our responsibilities.

2 Starting your Contract

2.1 Your Export Tariff contract starts with us when you accept these Export T&Cs as part of our application process for you to sign up to the Export Tariff.

2.2 A cooling-off period applies to your Export Tariff, which means you have 14 calendar days from the date you ask us to sign up to the Export Tariff contract to tell us that you want to cancel it.

2.3. You are responsible for providing the required information to the DNO to allow them to grant you an export MPAN, prior to submitting your application to us to join an Export Tariff. We are not responsible for the DNO rejecting your request for an export MPAN for any reason.

2.4. We will aim to connect your export supply as soon as possible after the date you accept these Export T&Cs.

2.5. We will not be able to begin your export supply until your export MPAN has been created by the DNO, transferred to us and we have started to receive data from the export meter.

3 Our Prices and Charges

3.1 Our prices for paying you under the Export Tariff will be sent to you via email and are available on our website. In the case of the any agile tariffs, the formula that defines the charges will be sent to you via email and will be available on our website.

3.2 We reserve the right to update the formula that defines the rate of any agile tariffs and if we do so, we will always give you 30 calendar days’ notice of the change.

3.3 You must let us know which Export Tariff you would like to be paid on before your contract with us starts. You can change your mind at any time, but it may take us up to 30 calendar days to implement the change.

3.4 Our payments are based on the Energy you export from your Premises to the grid, as recorded by the Metering Equipment and calculated, based on a meter reading supplied automatically from a Smart Meter. All our Export Tariffs require half-hourly meter readings from the Smart Meter. If there is an issue in us receiving automatic half-hourly meter readings from your Smart Meter that we can't fix and we are unable to retrieve relevant data for a period of more than 90 days, we may credit your export by using manual export meter readings.

3.5 If you do not have an Import Tariff with us, you will need to manually send us your export meter readings every month.

3.6 We will email you to let you know what date your Export Tariffs payments will begin.

3.7 We may round calculations to 4 significant figures to present payments clearly. For example, unit prices may be round to the nearest 0.01p and monthly amounts may be rounded to the nearest penny.

3.8 Our payments to you are based on:

(a) a single unit rate payment which is a payment for each unit you export under your agreed tariff for your location;

(b) if you are on a fixed rate Export Tariff, the rate(s) will be the one(s) that applied on the date you signed up;

(c) if you are on an agile Export Tariff, the rate(s) will be the one(s) that applied at the time the Energy was exported. We take the half-hourly wholesale electricity prices from www.epexspot.com/en/market-data.

3.9 VAT does not apply to the Export Tariff.

4 Payment Method

4.1 Your monthly bill will show both the import consumption data under your Import Tariff and the export data under your Export Tariff.

4.2 You will pay the net difference if the cost of Energy you consume under your Import Tariff exceeds the payment that we owe you for the Energy you are exporting under your Export Tariff for the same period.

4.3 If the total payment due to you for the Energy you are exporting under your Export Tariff is greater than the cost of Energy you are consuming under your Import Tariff (if applicable), this will show as credit on your online account.

4.4 Provided your meter readings are up to date, you can request a cash refund if your account goes into credit. This option will appear on your online account.

4.5 If you have an Import Tariff with us and you do not maintain your direct debit payment on your Import Tariff or do not pay your Import Tariff bill on time, in addition to the consequences outlined in our Import T&Cs (in “Non-Payment of Charges”), we may stop applying export credit under your Export Tariff to your account until all outstanding payments on your Import Tariff have been made.

4.5.1 We are not obligated to make Export Tariff payments to you:

(i) for any ‘Brown Export’ – i.e. exported electricity not generated by an eligible generation asset, (including standby generators, batteries and technologies not supported by the Smart Export Guarantee; or

(ii) where you or the generation asset do not satisfy the Eligibility Criteria as set out at Clause 5 of these Export T&Cs below.

4.6 In some cases, we may also impose any additional applicable charges for other reasonable costs which will be added to your statement at the end of each month. These additional costs can include:

4.6.1 costs related to removing, inspecting, installing, re-installing, testing, moving or repairing a meter;

4.6.2 costs in recovering money you owe us including, but not limited to, reasonable administration costs, as well as the costs of trying to contact you and getting a warrant to enter your property;

4.6.3 any Energy exported that has attracted a payment through a FIT scheme or another Export Tariff supplied by another energy company;

4.6.4 if you fail to keep an agreed appointment with us or our agents without giving us at least 48 (forty-eight) hours’ notice;

4.6.5 if you change from being a domestic to a non-domestic classification and any associated costs; and

4.6.6 any other reasonable costs we incur – for example administration costs associated with validating a non-MCS certified generation asset. We will always make these costs clear to you during the sign-up process.

5 Eligibility

5.1 In order to be eligible for the Export Tariff and to be paid, you must:

(i) be a domestic Customer;

(ii) have a smart meter compliant with the metering legislation with a dedicated export

MPAN registered under the Balancing and Settlement Code;

(iii) have consented to us taking half-hourly readings from your meter;

(iv) own a generation asset that is capable of exporting Energy to the grid; and

(v) not still be registered for any FIT scheme export payments.

5.2 We have a number of Export Tariffs available, and some of these will only be available to you if you are also on one of our Import Tariffs.

5.3 The generation asset must generate electricity wholly or mainly from one of the following energy sources):

(i) Solar Photovoltaic (PV);

(ii) Hydro;

(iii) Micro-combined heat and power (micro-CHP);

(iv) Wind;

(v) Anaerobic Digestion (AD).

5.4 The generation asset must:

(i) be located in Great Britain; and

(ii) have a total installed capacity of no more than 5MW (or 50kW for micro-CHP

systems).

5.5 For solar, wind and micro-CHP generation assets, you should be able to demonstrate that the generation asset is suitably certified via:

(i) the Microgeneration Certification Scheme (MCS) certification; or

(ii) an equivalent certification scheme recognised by Octopus Energy (an equivalent

scheme is a scheme accredited in accordance with EN 45011 or EN ISO/IEC

17065:2012).

5.6 For all other types of generation assets, you will need to demonstrate that the asset is suitably certified at the sole discretion of Octopus.

5.7 If you are unable to provide the certification described in clause 5.5 above, you will need to provide us with any information about your installation that we may request. We reserve the right to refuse you access to the Export Tariff in circumstances where we haven’t been provided with sufficient information about the installation of the generation asset or where we are not satisfied as to the safety, integrity or otherwise of the installation.

5.8 Where you are unable to provide MCS or equivalent certification under clause 5.5, you confirm that you are satisfied that the generation asset has been installed by a competent professional and meets all required industry standards and guidelines. Octopus accepts no liability for any loss, damage or injury resulting from the installation.

5.9 You must also:

(i) not be claiming or be registered for any FIT scheme export payments (deemed or

metered) at the same time as receiving any payments for the Export Tariff;

(ii) not be registered to claim ROCs, be in a NFFO Arrangement or a CfD;

(iii) not have received any public grants that would make you ineligible to receive Export Tariff payments;

(iv) register the generation asset with the Distribution Network Operator (DNO). After

registration you must provide us with the response (usually a letter or email) from

the DNO confirming their acceptance of the asset; and

(v) for any anaerobic digestion generation assets, you must have an 'AD Reporting

Start Date' provided by Ofgem. In order to receive your AD Reporting Start Date,

you must complete and submit a declaration to Ofgem confirming your intent to

seek Export Tariff payments and to comply with ongoing Smart Export Guarantee

sustainability and reporting requirements. Once Ofgem have received and

reviewed your declaration, Ofgem will email you with a confirmation of the 'AD

Reporting Start Date'. You should send this to us on receipt.

6 Ending or changing the contract

6.1 If you switch away from using Octopus Energy to supply your Energy under an Import Tariff, you have the option to continue with your Export Tariff but this will only be available under our “export only” tariff plan, which may be different to what you were previously on.

6.2 If you move house, your Export Tariff will end on the same day that you move out of your Premises.

6.3 It is your responsibility to work with your new supplier to agree a new export tariff.

6.4 You must let us know if you make any changes to the generation asset, such as installing additional capacity.

6.5 You may end your Export Tariff at any time by email or on our website. Cancellation will take place within 7 calendar days from the date you told us you want to cancel and we will provide confirmation of the date of cancellation in an email. Any payments that have accrued to you under your Export Tariff will appear on your next monthly bill.

6.6 If you are on a fixed rate Export Tariff, we will contact you at least 42 days before the fixed period comes to an end to give you notice and offer you an alternative tariff. If you do not take any action to select a new tariff, we reserve the right to automatically roll you onto the closest equivalent tariff that we are offering at that time. We will always give you notice and make clear what will happen if we don’t hear from you.

6.7 We can change these Export T&Cs at any time, which may include situations where it is necessary for us to comply with any laws or other rules that we are obliged to follow. These Export T&Cs may also change depending on the outcome of the Smart Export Guarantee consultation and other developments in this evolving market.

6.8 We will inform you of any changes and the latest copy of these Export T&Cs will be available on request. If we propose to make changes that are not to your advantage, we will give you 30 calendar days’ notice of any material changes.

6.9 We may end your Export Tariff contract if:

6.9.1 you are in material breach of these Export T&Cs;

6.9.2 you did not pay us what you owe us when it was due;

6.9.3 we no longer have the relevant licences to supply your Energy;

6.9.4 you or the generation asset no longer meet all of the eligibility criteria set out above, including if you fail to advise us of any changes to your generation asset which may make you ineligible for the Smart Export Guarantee scheme;

6.9.5 we have reasonable grounds to believe you are abusing this contract, for example if you are using the scheme on a commercial basis rather than for domestic use.

6.10 This contract will terminate immediately if Ofgem gives a “Last Resort Supply Direction" to another supplier in respect of the Energy in relation to the Premises.

7 Our liability to you

7.1 We do not limit or exclude liability for death or personal injury caused by our negligence,
or for fraud.

7.2 We’ll only be liable to you for loss or damage which is a reasonably foreseeable consequence of
our breach of these Export T&Cs, up to a maximum liability of £10,000 in any calendar year.

7.3 Neither you nor we will be liable to each other for any loss or damage which is indirect,
consequential, economic or financial, including loss of profit, revenue, goodwill, business,
contract or wasted expenses.

8 Miscellaneous

8.1 You agree to give us or our agents access to the Premises, the Metering Equipment and the generation asset(s) at reasonable times and with reasonable notice for the following purposes:

(a) to inspect and test any Metering Equipment and to verify any meter readings; and

(b) to inspect any generation asset(s) and verify the accuracy of any information you have provided to us in relation to this contract.

8.2 If you submit a complaint, we will follow the complaints policy on our website: www.octopus.energy/unhappy.

8.3 In the event of a broken meter or any disputed readings, it is up to us as the energy supplier to decide how to handle this, including whether or not to accept estimates provided by you.

8.4 We agree that we will use any personal data that you provide to us in accordance with our Privacy Policy, which is available on our website: www.octopus.energy/policies/privacy-policy.

8.5 We may transfer, subcontract, assign or novate any or all our rights and obligations under this Export Tariff contract without your consent. This will not affect your rights under the contract.

8.6 You may not transfer this Export Tariff contract or any of your rights under it without first obtaining our written consent.

8.7 If any part of this Export Tariff contract is declared invalid or is void or unenforceable, the validity of the rest of the contract will not be affected.

8.8 If we do nothing, or delay acting when you breach the Export Tariff contract, we will still be entitled to take prompt action to enforce a similar or subsequent breach of the contract by you.

8.9 The laws of England and Wales or Scotland apply to this contract if the Premises are in England and Wales or Scotland respectively. Any disputes arising shall be dealt with by the English or Scottish courts as applicable.