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Zenergi Standard Terms & Conditions (T&C’s)

The following T&C’s are designed to help you understand the pertinent points surrounding the energy supply contracts that you have signed for, and the fact that your organisation will be using Zenergi Ltd as your procurement; contract management and invoice validation agent to assist in the smooth running of the Utility contract(s) and subsequent supply invoices.

By using Zenergi Ltd, you and your recognised, representative agree, and understand the following conditions:

1. Terms

i. The term You / Your means your Organisation;
ii. The term Our / Us / We means the registered office of Zenergi Ltd, of No. 3 Benham Campus, Benham Road, University of Southampton Science Park, Chilworth, S016 7QJ and at other workplaces in the UK.
iii. The term “successful Supplier” means the chosen Utility supplier(s) as detailed on the Supply Contract Acceptances (SCA).

2. Zenergi Services

2.1 Electricity

i. The length of the Supply Contract is defined as the period shown in the SCA Summary Schedule 1 (New Rates for the period);
ii. By signing the Supply Contract Acceptance(s) you are entering an agreement to use the procurement services of Zenergi Ltd during, and up to the end of the term of the electricity supply contract(s);
iii. Zenergi’s procurement service represents such services as, but not limited to, full tendering (OJEU compliance where applicable); analysis of offers to represent best value; supplier negotiation; invoice validation, dedicated account management; credit control, full contract administration and renewal of the contract(s); iv. Zenergi will pursue every option to have a detailed consultation with You regarding the renewal offer(s). If however, and after many failed attempts to discuss the renewal offer, it is not accepted within one month of the renewal date, Zenergi will be granted permission by way of these terms, to sign a subsequent 12 month Supply Agreement with the best value supplier on Your behalf, so as to avoid expensive out of contract rates for Your Organisation. This will be deemed to have been accepted by You and a record will be sent electronically to Your Organisation;
v. Electricity supply invoices will be raised by the supplier on either actual or estimated consumption in arrears and sent to Zenergi for validation. On receipt and within a reasonable period, being no more than 72 hours from being received, the validated invoices will be forwarded to You for payment by Your preferred method;
vi. Contract Charges are fixed or Passed through as specified within each utility suppliers supply contract offers and Terms and Conditions. The illustration shown in the SCA Summary Schedule 1 is for budgeting purposes only and MAY NOT represent Your exact electricity costs for the year as consumption may vary;
vii. For Half Hourly electricity meters and/or AMR or Smart Metering, Zenergi will, where applicable, invoice annually for Data Collection (DC) Services unless by prior agreement You already have a contract in place for DC provision; If Zenergi are not informed of any pre-existing agreement with an alternative provider, and a contract is subsequently placed by Zenergi, charges will still apply.
viii. For Half Hourly electricity meters and/or AMR or Smart Metering, Zenergi will, where applicable, invoice annually for Meter Operator (MoP) Services unless by prior agreement You already have a contract in place for MoP provision; If Zenergi are not informed of any pre-existing agreement with an alternative provider, and a contract is subsequently placed by Zenergi, charges will still apply.
ix. For non-Half Hourly electricity meters (05-08 profile) that are captured within the industry regulatory change P272, the suppliers are within their commercial rights to amend, cancel or change contract rates that are provided and signed for within the SCA. This possible amendment is to account for the meter being changed from Non-Half Hourly to Half Hourly which may incur additional charges.
x. For Half Hourly where a capacity charge is applicable, DCP161 industry changes dictate that Excess Capacity will be charged at a penalty rate when your maximum demand (MD) exceeds your Agreed Supply Capacity (ASC) or Maximum Import Capacity (MIC). These Excess Capacity charges can be set by the supplier, and are predicted to be up to three times higher than the standard rate for Agreed Supply Capacity. Whilst Zenergi will undertake reasonable measures to inform you of your current ASC, MD, and highlight discrepancies, we are not liable for setting your ASC to the correct level; this remains your responsibility.

SUMMARY OF ADDITIONAL ELECTRICITY CHARGES WHICH MAY BE PASSED THROUGH WHERE APPLICABLE:
xi. Where an electricity contract is not “Fully Fixed” detailed in the price are distribution, transmission, losses, TRIADs and metering charges based on current costs. Any change in these pass through costs before or during the duration of the contract as defined by the Regulator will result in a similar change to the Contract Price. Examples can be seen in the Glossary referred to in Point 8.
xii. The Supplier Terms and Conditions will always prevail and accompany the supply agreement unless both parties agree to a variation to terms
xiii Suppliers cannot account for any new taxes or levies introduced by Government and hence these will be passed through at cost, if and when the time should arise.

2.2 Gas

i. The length of the Supply Contract is defined as the period shown in the SCA Summary Schedule 1 (New Rates for the period);
ii. By signing the Supply Contract Acceptance(s) you are entering an agreement to use the procurement services of Zenergi Ltd during, and up to the end of the term of the gas supply contract(s);
iii. Zenergi’s procurement service represents such services as, but not limited to, full tendering (OJEU compliance where applicable); analysis of offers to represent best value; supplier negotiation; invoice validation, dedicated account management; credit control, full contract administration and renewal of the contract(s);
iv. Zenergi will pursue every option to have a detailed consultation with You regarding the renewal offer(s). If however, and after many failed attempts to discuss the renewal offer, it is not accepted within one month of the renewal date, Zenergi will be granted permission by way of these terms, to sign a subsequent 12 month Supply Agreement with the best value supplier on Your behalf, so as to avoid expensive out of contract rates for Your Organisation. This will be deemed to have been accepted by You and a record will be sent electronically to Your Organisation;
v. Gas supply invoices will be raised by the supplier on either actual or estimated consumption in arrears and sent to Zenergi for validation. On receipt and within a reasonable period, being no more than 72 hours from being received, the validated invoices will be forwarded to You for payment by Your preferred method;
vi. Contract rates are fixed for the duration of the contract, subject to contract. The illustration shown in the SCA Summary Schedule 1 is for budgeting purposes only and MAY NOT represent Your exact gas costs for the year as consumption may vary; For AMR or Smart Metering, Zenergi will, where applicable, invoice annually for Data Collection (DC) Services unless by prior agreement You already have a contract in place for DC provision;
viii. For AMR or Smart Metering, Zenergi will, where applicable, invoice annually for Meter Operator (MoP) Services unless by prior agreement You already have a contract in place for MoP provision;
SUMMARY OF ADDITIONAL GAS CHARGES WHICH MAY BE PASSED THROUGH WHERE APPLICABLE:
x. Where a gas contract is not “Fully Fixed” detailed in the price are transport and metering charges based on current costs. Any change in transport or metering costs before or during the duration of the contract as defined by Transco will result in a similar change to the Contract Price. Examples can be seen in the Glossary referred to in Point 8.
xi. The Supplier Terms and Conditions will always prevail unless altered by both parties by agreeing a variation to terms .
xii Suppliers cannot account for any new taxes or levies introduced by Government and hence will be passed through at cost, if and when the time should arise.

3. Remuneration

i Zenergi may receive a retrospective commission payment from the successful electricity, gas or water supplier, and this will be included within the unit rates or receive an annual fixed fee which is payable by You. Zenergi will never charge for both methods at the same time.
Remuneration will vary dependent on the service tariff levels; volume; number of meters; level of contract management and will be competitive within the market place.

4. Fixed Fee Methodology

i If You accept the Fixed Fee payment option; You will be sent an invoice within 30 days of the start date of the fixed fee contract which will last for a 12-month period. Subsequent invoices will be sent annually until the end of the utility supply contract that the fixed fee invoice relates to. The invoice will be pro-rata if the fixed fee service does not apply to a 12-month period.
Payment terms are specified in the contract, all invoices are subject to payment by the given date, else late payment charges/interest may apply.

5. Zenergi Termination

i. Either party may terminate this Agreement by providing at least ninety (90) days’ written notice before any electricity, gas, water or Fixed Fee contract end date.
ii Should You not provide termination to Us by email or recorded delivery no later than 90 days before the Utility contract renewal date, You will be bound to use Zenergi for the following 12 months term on renewal of the contract;
To clarify termination must be provided to Zenergi (and acknowledged by us), in addition to any notice provided directly to the supplier to which the supply contract is in place.
iii. If termination is not provided (re point 5.i, 5.ii) and You cease to use Zenergi’s services by moving to another provider, a termination fee of up to 10% of the historic annual spend per utility contract, as provided by the historic invoice validation service, will be charged to Your Organisation and an invoice will be raised by Us which will be payable by You within 30 days of the historic renewal date.
iv. If termination is not provided, but You can provide the alternative Bona Fide electricity, gas or water contract offering, Zenergi will have the option to price-match the new offer. If a price match is not achievable, Zenergi will waive the 10% non-termination fee as a gesture of good will (and you will be free to move to the alternative provider, so long as an agreement has not already been placed through Zenergi.)

Sign on behalf of

i. Where You have given Zenergi authority to sign an electricity, gas or water Agreement on Your behalf through a valid and current Letter of Authority, You accept the terms of the contracts associated with supply agreements contained therein.
ii You will not be able to dispute the terms signed for within the “Sign on Behalf Of” Agreements and electronic copies will always be sent to You detailing terms, rates and charges within 7 days of the supply Agreement being locked in by the successful supplier.
iii. Where You have given Zenergi authority to sign an electricity, gas, metering, data collection or water Agreement on Your behalf through a valid and current Letter of Authority, You accept the terms of the contracts associated with supply agreements contained therein.

7. Other services

Display Energy Certificates
Energy Performance Certificates
New Connections / Disconnections
Site Visits

i In order to perform services, not just limited to the above, We may need to visit your site to enable thorough research and planning for a particular project. All Zenergi employees will carry suitable identification and where necessary a suitable DBS check and unless an emergency, will attend site during normal working hours.
It is accepted that We may be accompanied on site and given instruction by a member of Your staff to ascertain the desired result.
ii With respect to electricity and/or gas upgrades, downgrades; new connections; de-energisation and disconnections Zenergi will only act on advice and recommendations from qualified and professional personnel engaged by You on any given project.

8. Glossary

1. Monthly or Daily Charge a pass through charge from your DNO (Distribution Network Operator) for maintaining the electricity and/or gas distribution network;
2. Available Capacity Charge (& Excess Capacity Charge) a pass through charge from your electricity DNO for the size of the cable going to your site. The larger the cable the more kVA associated with it; Excess Capacity can be charged at a penalty rate as and when Capacity is exceeded by the supplier, typically up to three times the standard rate.
3. Day / 24 Hour / Unit Rate the cost for energy (p/kWh) consumed (normally) between the hours of 07:00 – 00:00; however this may change per DNO;
4. Night Rate the cost for energy (p/kWh) consumed (normally) between the hours of 00:00 – 07:00; however this may change per DNO;
5. Meter Operator (MoP) a charge by a company that maintains your half hourly meter and is normally paid annually;
6. Data Collection (DC) an annual or monthly charge for collecting the data from your half hourly meter. The data is then sent to your supplier for invoicing purposes;
7. Settlements Costs (Data Aggregation – DA) a monthly charge shown on your supply invoice and is a charge for settling the data in the national system. It is a little like the way cheques are cleared in the UK banking system;

Examples of Pass Through Charges

8. Reactive Power (kVarh) a charge levied by the distribution company for uneconomical power usage on site;
9. Take or Pay Clauses Where a Suppliers supply contract stipulates a “Take or Pay” clause, it will be enforceable if consumption falls outside of the agreed volumes. You must be aware that annual consumptions must not fall BELOW 80% of the contracted Annual Quantity (AQ) or over 120% of the AQ (Pending levels being highlighted within the supply contracts). If consumption falls outside of these boundaries, the Supplier may be entitled to charge for the difference between the actual usage and the minimum/maximum tolerances.
10. Renewables Obligation The Department of Energy & Climate Change (DECC) introduced the RO in 2002 to provide incentives for the deployment of large-scale renewable electricity in the UK. A levy for RO is charged through the unit rate on a p/kWh basis. The RO requires licensed UK electricity suppliers to source a specified proportion of the electricity they provide to customers from eligible renewable sources. This proportion (known as the ‘obligation’) is set each year and has increased annually.
11. Feed in Tariff FITs support organisations, businesses, communities and individuals to generate low-carbon electricity using small-scale (5 megawatts (MW) or less total installed capacity) systems. All licensed electricity suppliers (regardless of FIT participation status) are required to make payments into Ofgem E-Serve’s levelisation fund, based on their market share of the Great Britain electricity supply market and any FIT payments made to accredited installations under the FIT scheme. The fund is then redistributed to FIT licensees that have made more payments to accredited installations than they would be required to by their market share contribution. Currently this process occurs on a quarterly basis. A levy for FiT is charged through the unit rate on a p/kWh basis.
12. Electricity Market Reform EMR has been legislated for via the Energy Act 2013 and will see the introduction of two new reforms/charges to the energy market, the Contracts for Difference (CfD) and Capacity Market.
13. Climate Change Levy otherwise known as the Climate Change Equivalent (CCE) CCL is a tax on the taxable supply of specified energy products (taxable commodities) for use as fuels that is for lighting, heating and power, by business consumers. CCL/E only applies to Full rate VAT and is not charged for exempt supplies o Lower rate VAT. CCL/E does not apply to taxable commodities supplied for use by domestic consumers or to charities for non-business use.
14. Any Other Government Charges Suppliers cannot account for any new taxes or levies introduced by Government and hence will be passed through at cost, if and when the time should arise.
15. Value Added Tax (VAT) a tax levied by Her Majesty Revenue & Customs and can vary from time to time.

Emergency Contacts

Your chosen energy supplier, negotiated through Zenergi, supplies your energy but it’s your local Distribution Network Operator (DNO) who maintains the power lines and gas pipes that connect your home; school; college or business to the network.

In the event of a power cut or gas leak you will need to determine your local DNO for your electrical supply, by referring to your invoice for the 13 digit MPAN. The first two digits on the bottom line (13) relate to your area and the DNO to contact;-

 

MPAN starting with ELECTRIC AREA DISTRIBUTION NETWORK OPERATOR EMERGENCY TELEPHONE
10 Eastern England UK Power Networks 0800 783 8838
11 East Midlands Western Power Distribution 0800 056 8090
12 London UK Power Networks 0800 028 0247
13 North Wales, Merseyside & Cheshire Scottish Power 0845 272 2424
14 West Midlands Western Power Distribution 0800 328 1111
15 North East England Northern Powergrid 0800 668 877
16 North West Electricity North West 0800 195 4141
17 Northern Scotland SSE Power Distribution 0845 744 4555
18 South Scotland Scottish & Southern Energy 0845 272 7999
19 South East England UK Power Networks 0800 783 8866
20 Southern England Scottish & Southern Energy 0800 072 7782
21 South Wales Western Power Distribution 0800 052 0400
22 South West England Western Power Distribution 0800 365 900
23 Yorkshire Northern Powergrid 0800 375 675
Gas Leaks England, Scotland & Wales National Grid Transco 0800 111 999

 

Part of the Zenergi family

We are preferred partner and supplier to many associations including ASCL, WASBM, LASBM, BASBM, CAPSA and have been in partnership with some for over a decade. We regularly attend their conferences and give members the Positive Zenergi experience based on their needs.

Zenergi are also an approved partner with the Institute of School Business Leadership, offering ISBL members the provision of a customer service specialising in energy procurement, invoice validation and contract management.

We are proud in our unique offering, based around customer service excellence. We audit the suppliers we work with to make sure our customers are getting the best value and service and are pleased to offer OJEU compliant pricing.