Terms & Conditions
Definitions
‘Charges’ – our charges for supplying Utility(-ies), metering
services and any other charges associated with these services.
'Competent Person'
- an installer who is qualified according to local regulations (in the
UK a list of competent electricians, gas and heating engineers can be found at www.competentperson.co.uk).
'Contract Commencement ' - the date at which this contract was entered
into. This is the earliest of the date
at which the order form was submitted either in writing or by electronic means,
that a verbal contract was entered into, that the Deposit (or part thereof) was
paid, or that the first components of the Metering Equipment were
dispatched.
'Deposit' -monies which we hold in trust for
yourself, which we can use in the event of damage which we consider is not
normal wear and tear, or non-return of the Metering Equipment.
‘Utility(-ies)’ – residential or commercial electricity,
hot or cold water, or gas (or multiple combinations thereof).
‘Metering Equipment’ – the Utility(-ies) meter and
other related devices.
‘Premises’ – any part of any land, building or
structure you’ve asked us to supply Utility(-ies) and metering services to,
including any communal areas and grounds of those premises.
‘Registered Supplier’ – the supplier registered with
the local Metering Point Administration Service for UK Electricity, Metering Point
Registration Service for UK Gas or water company who is responsible for
supplying Utility(-ies) to your Premises.
‘Supply Start Date’ – the date and time at which our
Metering Equipment has been installed and commissioned.
'Sub-Meter' - one of the Utility(-ies) meters
provided by us with the intention of monitoring and controlling supply of Utility(-ies)
to a Sub-Premises.
'Sub-Premises' - part of the Premises which are
supplied by a single Sub-Meter.
'Trial Period' – the first twelve months after the
Contract Commencement Date, during which the contract for our services can be
terminated at short notice. This does
not include gas and customised Metering Equipment (we will advise you if this
is the case before the start of the contract).
‘we’, ‘us’, ‘our’ - Landlord
Metering Ltd, registered office: Arthur House, 13-15 Chorlton Street, Manchester M1 3FH, company number 099258575.
1. Introduction
1.1.
This is a contract for us to supply sub metering
services and Utility(-ies) to your Sub-Premises. By entering it you agree to
keep to its terms. Please read it carefully so you understand your and our responsibilities.
2. Commencement of
Services
2.1.
You are responsible for making payments for the Utility(-ies)
supplied to the whole of your Premises, and ensuring that the connection of the
Premises to the distribution network is adequate. This may involve an upgrade to the metering fuse
where a property is being converted into Sub-Premises.
2.2.
On receipt of your Deposit we will supply and dispatch
to you pre-configured meters which meet the Measuring Instruments Directive
(2004/22/EC) and all other relevant regulations.
2.3.
You are responsible for ensuring that the meters are
fitted or inspected by a Competent Person where required by any legislation,
and the safety of the installation. Also,
that the wiring is arranged such that no Utility(-ies) is supplied to a
different Sub-Premises or communal areas through the corresponding Sub-Meter.
2.4.
You will provide us with the location details for each
Sub-Meter and install each Sub-Meter to supply only that location. Each Sub-Meter has a unique serial number and
should not be installed in a location other than that specified. If you become aware that the Sub-Meters have
accidentally been installed in the incorrect location, you will tell as soon as
possible. In such an eventuality, we
will normally be able to rectify the problem from our back-end systems, but may,
at our discretion, require you to reinstall the Sub-Meters in the correct
location. In such a case, you would be
responsible for reimbursing your tenants for any loss that they may have
incurred through your fitting of the Sub-Meters in the wrong location.
2.5.
We or our agent will cooperate with your installer during
the commissioning of the Sub-Meter, including our tests to ensure that the
remote communication links work.
2.6.
Our responsibility to supply metering services and collection
of payments for Utility(-ies) to your Sub-Premises begins on the Supply Start
Date,
2.7.
Where we have commenced services but you are still
awaiting the change in the Registered Supplier, and the unit cost of your old
Registered Supplier is significantly higher than the new, we may offer you the
option of a Transitional Arrangement. If
so, we may agree with you to charge your tenants a higher tariff than normal in
order that we can reimburse you for the Utility(-ies) consumption at the old
Registered Supplier’s unit rate.
2.8.
Where we have commenced services but you have an
existing Utility(-ies) supply contract for the Premises which has unexpired
fixed term and a significantly penalty for breaking the contract, we will normally
reimburse you at the fixed rate you have agreed until the contract expires. However, we reserve the right to cap the unit
rate at which we reimburse you, if we deem it to be significantly higher than
would be reasonable to charge the tenants. In such an eventuality, we will discuss this
with yourselves.
3. Provision of Services
3.1.
Except during any Transitional Arrangement period as
per paragraphs 2.7 and 2.8, we will find and arrange
for the provision of Utility(-ies) to your Premises by a supplier licensed by
OFGEM in the case of electricity and gas at either a published tariff, or that is
negotiated by ourselves.
3.2.
We will periodically review the available tariffs in
the market to ensure that the Registered Supplier’s tariff is competitive and may
change the Registered Supplier and their tariff from time to time.
3.3.
You will co-operate with the process of changing the Registered
Supplier when we wish to do so.
3.4.
We will usually aim to obtain one of the cheapest
tariffs in the market, but the choice of tariff and Registered Supplier is
entirely at our discretion.
3.5.
We may select a fixed rate tariff but will normally
aim to select only those which have a small financial break fee to avoid
excessive charges should you choose to cancel the contract.
3.6.
You will be responsible for the payment of Utility(-ies)
for communal areas at the tariff that we negotiate with the Registered Supplier,
and the standing charge of this rate.
3.7.
We will set a tariff for each Sub-Meter which will
include our daily standing charge and mark-up on the unit rate. From time to time, our tariffs will change in
accordance with market or other circumstances.
We aim to set the tariff below that of a major electricity supplier of
our choice for Pre-Payment. However, we
cannot guarantee that we will always be able to meet this goal. Details of our latest tariffs are available
from us.
3.8.
We will collect monies from people wishing to credit
the Sub-Meter through various channels.
These currently include credit and debit card payments through our
website and that of our partners and agents, including auto top-up, and our
automated telephone payment phoneline.
We reserve the right to add additional payment channels, such as but not
limited to, cash payments through ePay.
3.9.
The collection of monies will be carried out by
ourselves, an associated organisation, or our agent.
3.10.
We will automatically reimburse you at the tariff that
we have negotiated in paragraph 3.1, for the units of Utility(-ies)
supplied through each Sub-Meter in the preceding month. This payment will be one month after the end
of the month of the Utility(-ies) supply.
If the Sub-Meter is in debt more than the Friendly Credit limit, then we
reserve the right to deduct the outstanding debt from any reimbursement of
monies.
3.11.
We will provide information on how to use the meters
either through our website, help line or literature as we deem
appropriate. But we would ask you to
familiarise new tenants on how to use the meters.
3.12.
(a) We
will not reimburse for any credits on the meter when they vacate the Sub-Premises,
nor any payments made on an uncancelled auto top-up.
(b) Where
the Metering Equipment is installed in unoccupied Sub-Premises, or where a new
tenancy agreement, lease or license is created, we can provide you with clauses
of the same effect as those above in your new tenancy agreement, lease, or
licence.
3.13.
Furthermore, we ask you to:
(a) remind
tenants to cancel any auto-top ups when they vacate.
(b) inform
us when new tenants move in, including their email address, so that we can
invite them to subscribe to the Tenant’s Portal on our website.
(c) ensure
that new tenants have a positive credit balance when they start their
tenancy. If you contact us by email, we
will reset the balance to a nominal positive balance and deduct the applied
credit from your monthly reimbursements, and if necessary from the Deposit.
3.14.
You will be responsible for the standing charge and
any units consumed in the Sub-Premises in any period when they are unoccupied
at our tariff rates.
3.15.
We will monitor the Metering Equipment for tampering
or faults. Where there is a fault or
suspected fault we will normally send out a replacement meter for you to
install at your own expense and for you to return the suspected defective
meter. In exceptional circumstances, we
reserve the right to access the meter to replace part of the meter (such as the
SIM card or battery) or to send out the part for you to install (e.g. a new
label with a changed telephone number).
3.16.
Where we send out a defective meter, we reserve the
right to withhold a further Deposit from Utility(-ies) monies reimbursed until
the original meter is returned. We also
reserve the right to await receipt of an additional Deposit payment before
sending out a replacement.
3.17.
If we consider that the original meter was vandalised
or tampered with, we reserve the right not to return the original or any
additional Deposit.
3.18.
Where you wish for us to transfer credit from a pre-payment
meter that you are replacing, we will deduct this credit from the amounts that
we reimburse to you, and if necessary, from the Deposit. We may need confirmation of any details to be
transferred in writing, e.g. by email.
Naturally, you are responsible for reading the existing meters and
telling us of the amounts.
3.19.
Where we suspect that a tenant is acting in a
fraudulent manner, for example our payment processing company reports that the
card transaction is “fraudulent” or “not recognised” by the card-holder, we
reserve the right to disconnect the Sub-Meter remotely. Before we take such action, we will normally
try to contact the tenant. We will also
endeavour to check with the Landlord and / or other parties to ensure that
there has not been a change in the tenancy since the suspected fraud. However,
in cases where it is has not been readily possible to make such contact, we
reserve the right to still make a disconnection and / or any other action that
we deem appropriate. We also reserve the
right to reclaim any fees levied by payment processing company from the tenant,
to charge them any other costs that we incur, and for our time. For the avoidance of doubt, any such action
that we take will be strictly concerned only with the payment for our services,
and in no way intended to encourage the tenant to give up the occupancy,
refrain from exercising any right or pursuing any remedy in respect of the
Sub-Premises.
4. Termination of Services
4.1.
You may cancel our services at any time by serving a
minimum of six weeks’ notice in writing during the Trial Period. This twelve
month trial period does not apply to gas meters, or any other Metering
Equipment which has been customised due to our inability to reuse this
equipment. If such a restriction
applies, then we will inform you before the start of the contract.
4.2.
In the event that you cancel during this Trial Period,
you are obliged to return our Metering Equipment at your expense and are
responsible for any damage during shipment.
4.3.
We will return your Deposit within one month of
receipt of the undamaged Metering Equipment.
If the Metering Equipment is damaged beyond normal wear and tear, we may
withhold all or part of the Deposit. Such an assessment is at our sole
discretion. We will also deduct any
outstanding Charges from the Deposit which may include the period between the
cessation of your using our Metering Equipment to charge your tenants and our
receipt of the Metering Equipment.
4.4.
After the Trial Period, you may cancel our services by
serving notice in writing and buying the Metering Equipment from ourselves at the
Recommended Retail Price of the Metering Equipment, plus the prevailing VAT
rate at the Contract Commencement Date.
In such a case you will be able to offset your Deposit against the price
of the Metering Equipment.
4.5.
The contract will terminate at the date that our
subscription with our communication partners (currently MeterIX trading as
MeterPay) expires, which we may pay up to one year in advance, and we would
need at least six weeks’ notice in advance of the subscription renewal date that
you wish to cancel our services so that we can advise our communication
partners.
4.6.
On receipt of the monies used to purchase the Metering
Equipment, if you wish to continue using the Metering Equipment then we will
authorise our communication partners to allow you to transfer the subscription
for the Metering Equipment from ourselves into your name. It is possible that our communication partner
may levy a charge for this transfer, which would be your responsibility to pay.
4.7.
We also reserve the right to withhold all or part of
any reimbursement of Utility(-ies) monies collected from tenants to cover any
costs incurred by us in the event that there is a debt on the Sub-Meters, or in
the event of the non-return of, or damage to, the Metering Equipment. We also reserve the right to seek
compensation up to the full Recommended Retail Price for the Metering
Equipment, for unpaid Charges and any other associated costs in the event that
the Metering Equipment is not returned promptly or in good condition, or the
contract is not terminated in accordance with this section.
5. Information policy
5.1.
We respect your privacy and this information policy
explains how we will use your information and contact details in connection
with supplying metering services. By taking services under this contract, you
agree to us using and sharing your information in line with this policy. You
agree that we may use the information and contact details you give us or use
with us, and the contact details provided when you contact us, to do any of the
following things. You must promptly give us, free of charge, any extra
information we need to do these things.
(a) To set up, monitor and manage your account.
This includes information needed to carry out our rights and responsibilities
under this contract or any relevant agreements and registrations, or to sell
any of our businesses. This also includes sharing information about your
account with any of our agents and other organisations and people who we use to
help run our businesses (for example, meter readers).
(b) To
take a Deposit, carry out credit checks, trace and recover debt, and help
prevent fraud and loss. We will use this information to check your details with
relevant agencies (for example, relating to preventing fraud and money
laundering). If you give us false or inaccurate information or we suspect
fraud, we will record this. We will also use this information to help make
decisions about credit and related services for you.
(c) To
help us to improve the way we run any existing and future accounts, services
and products and to tell you about improvements and new products and services.
This includes information we need to help train our staff, take part in
government or industry initiatives (for example, projects to tackle fuel
poverty, improve Utility(-ies) efficiency or other social or consumer
interests) or create statistics, test computer systems, analyse customer
information (including your Utility(-ies) usage on a half-hourly basis and your
purchasing information) so that we can use it to provide offers or advice to
you.
(d) To
keep to all relevant laws, regulations, industry codes and government
instructions, and to deal with any complaints.
(e) To
send you information about your account (which may include personal
information). This means that if you provide any email address or phone number,
or contact us by email or text message, you are giving us permission to send
your account information to these contact details. If you need to update your
contact details or how you would prefer us to contact you, you can do so by
contacting our Customer Services.
5.2.
You agree to us sharing your information with other people
or organisations in relation to the purposes we have set out above. This
includes sharing your information with anyone you have a joint bank account
(for any Direct Debit you have) or joint metering services account with. We may
also exchange information between any of your metering services accounts or any
of the companies in our group, and if we need to change agents (for example,
meter readers) they may also need to share your details with the agent
replacing them, and you agree to that.
5.3.
If you have any questions about the information we are
holding about you and how we use it, or believe that the information we have
about you is wrong or needs to be updated, please call 01234 484444.
6. License Conditions
6.1.
You agree not to copy any part of our website,
platform, API or phone Apps, except where such copying is incidental to normal
use of the website, platform, API or phone App or where it is necessary for the
purpose of back-up or operational security. If copies are made, you agree:
(a) to
keep all copies of the website, platform, API or phone Apps secure and to
maintain accurate and up-to-date records of the number and locations of all
copies of the website, platform, API or phone Apps; and
(b) to
include our copyright notice on all entire and partial copies you make of the website,
platform, API or phone Apps on any medium.
6.2.
You acknowledge that all intellectual property rights
in the Platform (including the API, the Phone App, the Website, the App) and
the Technology anywhere in the world belong to us or our licensors, that rights
in the Platform (including the API, the Phone App, the Website, the App) are
licensed (not sold) to you, and that you have no rights in, or to, the Platform
(including the API, the Phone App, the Website, the App) or the Technology,
other than the right to use each of them in accordance with the terms of this
agreement.
6.3.
You acknowledge that you have no right to have access
to the Platform (including the API, the Phone App, the Website or the App) in
source-code form.
7.
Miscellaneous
7.1.
We can change all terms of supply of our services at
any time with at least six weeks’ written or email notice (a ‘variation
notice’)
7.2.
We can end our arrangements with you under this
contract by giving you 30 days written notice (except in the case of clause 7.4 when we do not have to
serve any notice).
7.3.
If you sell the Premises or the lease thereon then you
will inform us within 7 days of exchange and this contract will be novated to
the new owner at completion. Unless we
have been informed to the contrary, we will assume that the Deposits belong to
the new owner at the time of any cancellation of this contract.
7.4.
We are entitled to end this contract immediately in
any of the following circumstances. (a) You do not comply with any of its
terms. (b) You no longer own, rent or use the Premises. (c) You have any form of bankruptcy or
insolvency proceedings brought against you.
(d) We reasonably believe that you have stolen Utility(-ies) or
deliberately interfered with any Metering Equipment. (e) There is a risk of danger to you or
others if we continue the supply of Utility(-ies). (f) Circumstances beyond our reasonable
control mean we are not able to carry out our duties under this contract (for
example, anything any other Utility(-ies) supplier, distributor, or other
person does or fails to do). (g) We are
asked to stop supplying you by any regulatory or state authority.
7.5.
At all times the Metering Equipment remains our
property (except in the event that you purchase the Metering Equipment in
accordance with paragraph 4.4) and we will be entitled
to repossess this equipment in the event of a cancellation of the contract.
7.6.
If we cease to supply metering services to you, then
you agree to let us (and our agents) into your Premises at all reasonable times
to do this.
7.7.
Ending your contract will not affect any rights and
responsibilities you or we had before the contract ended, or which are due to
come into force under that contract or to continue after the date it ended.
7.8.
We are only legally responsible to you as set out in
these terms and conditions. We have no other duty or legal responsibility to
you, and all responsibilities, guarantees and any other conditions implied by
law or otherwise will not apply, as far as allowed by law.
7.9.
We will not be
legally responsible to you for any event or circumstance beyond our reasonable
control.
7.10.
We are not legally responsible to you in any way for
any indirect or direct loss of income, business, profits, or for any other loss
or damage that could not reasonably have been expected at the time we entered
into this contract, other than that caused by us acting fraudulently. Also, we
will not be legally responsible to you for any loss you suffer as a result of
your responsibilities to any other person (however this is caused).
7.11.
Although we undertake to run our service with
competence and care, we are not responsible for any consequential loss caused
by the failure of any part of our service, including inaccuracy of Metering
Equipment, failure of system, non-availability of the website, failure to
discharge our regulatory obligations, etc., as far as this is allowed by law.
7.12.
You undertake not to alter or interfere with the
provision of our services in any way as to cause us liability under the
Protection from Eviction Act 1977, Caravan Sites Act 1968, Housing Act 1985 or
other legislation relating to the provision of services to tenants.
7.13.
If we are legally responsible to you under these
terms, except as set out in clause 7.14 below, the maximum amount
we will accept responsibility for is £100 for all incidents that lead to loss
or damage (however it happens).
7.14.
Nothing in these terms will exclude our legal responsibility
for death or personal injury caused by our negligence or legal responsibility
resulting from us failing to carry out our legal duty under Part 1 of the
Consumer Protection Act 1987 or for fraud.
This clause applies even after this contract has ended. As far as it
excludes or limits our legal responsibility, it takes priority over any other
contract term.
7.15.
We can transfer all or any of our rights and legal
responsibilities under your contract without your permission by giving you
written notice (unless we are acting under clause 7.4,
in which case we do not need to give you any notice).
7.16.
Your rights and duties under this contract apply only
to you and cannot be transferred to any other person without our written
permission, save those referred to in clause 7.3.
7.17.
If we don’t enforce any part of this contract at any
time, this will not affect our right to do so in the future.
7.18.
To help us improve quality and for resolving disputes,
we may monitor and record calls that you or we make in relation to customer
services and telemarketing.
7.19.
If you need to give us notice under this contract, you
must follow our instructions in any related communications on how to provide
that notice. You may communicate any general notices to us in writing to:
Landlord Metering Ltd,
Third Floor, Arthur House,
13-15, Chorlton Street,
Manchester M1
3FH
by email to: info@landlordmetering.com
or by phone at: 01234 484444.
7.20.
If when you first entered into a contract with us you
confirmed your agreement to receiving bills, notices and communications from us
online or by email (including choosing a version of a product that is clearly
described as supported by online account management only) we will initially set
up your account so that all bills, notices and other communications we have to
send you under our supply licence are provided to you electronically through
our Landlord Portal on our website, or if appropriate, by email. These could
include notices relating to price changes, information about tariffs ending
shortly, responses to complaints or questions and other information about our
legal responsibilities to you. It will also include bills, annual statements
and initial reminders about any outstanding debt on your account. We may still
send you any of these things by post if we decide it is appropriate to do so
7.21.
These terms and conditions, the contract letter and
any other documents we refer to make up the whole contract for the service
between you and us.
7.22.
We will not
break any term of this contract by acting in line with any rights or carrying
out any duties under any relevant industry agreements or laws.
7.23.
Nothing in this contract affects our rights under any relevant
laws.
7.24.
If any term of this contract is found not to be valid
or cannot be enforced in full or in part, the rest of the contract will
continue to apply as normal.
7.25.
The laws of England apply to each contract with us and
any disputes relating to your contract and all non-contractual disputes which
relate to the services may only be heard in the English courts, unless both
sides agree to an alternative arbitration or adjudication process.
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