EDF Energy is a trading name used by EDF Energy Customers plc (registration number: 02228297),

whose registered office is at 40 Grosvenor Place, London, SW1X 7EN. Incorporated in England and Wales.

EDF Energy Customers plc is responsible for performing the duties under all EDF Energy supply contracts.

B1005.IH.XX.09.15.V7

Deemed Contract

Terms and Conditions

(For Small to Medium Sized Businesses)

21

This scheme originally came into force on 1 October 2001 and applies to electricity or

gas (or both) which we supply Micro Business and SME customers under these

Deemed Terms.

The scheme

We have made this scheme in line with Schedule 6 of the Electricity Act 1989 (the

‘Electricity Code’) and Schedule 2B of the Gas Act 1986 (the ‘Gas Code’). These codes

allow us to make changes (known as ‘revisions’) to this scheme from time to time. If

we do make a revision, we will first send the full text of the revision to Ofgem, after

which time the revision will come into force. Once the revision comes into force, it will

apply to all deemed contracts we create from that point on. It will also apply to any

‘The Citizens Advice consumer service’ – provides free, confidential and impartial

advice on consumer issues, by phone and online, to individual consumers and small

businesses.

‘deemed contract’ - means a contract to supply gas or electricity (or both), under

these Terms. These Terms only apply if you are a small or medium enterprise (SME)

customer, and using our electricity or gas services (or both) at your premises, without

entering into a formal agreement with us for those services.

‘gas transporter’ – the company licensed to deliver gas through pipes to your

premises.

‘Green Deal charges’ - means the charges that we must collect from you as part of

premises, to be paid for wholly or partly in instalments, as defined in Section 1(3) of

the Energy Act 2011.

‘local electricity distributor’ – the company which owns or operates the distribution

network used to deliver electricity to your premises.

“Micro Business” - means a company which meets one of the following criteria:

consumes less than 293,000 kWh of gas a year, or consumes less than 100,000 kWh

of electricity a year, or has fewer than ten employees (or their full-time equivalent) and

an annual turnover or annual balance sheet total not exceeding €2m.

“Ofgem” - is the Office of Gas and Electricity Markets), an industry regulator set up

by Parliament to protect the interests of energy customers. Their address is 9 Millbank,

electricity (or both) you are using, without having to visit your premises. A smart meter

means you can also see how much gas or electricity you are using.

‘SME customer’ - (small or medium enterprise customer) – any customer who takes

a supply of electricity or gas (or both) from us in connection with a business (including

any business involving letting, managing agent or accommodation services) and which

we bill through our customer information system (CIS) or our SAP system. (If you are

not sure whether you are billed through CIS or SAP, please phone our helpline on 0800

096 2255.)

‘supply’ and ‘supplied’ – the energy services provided under this contract (but not

otherwise). This may also include services provided in connection with the supply of

These Terms apply to you if you are a small or medium enterprise (SME) customer, and

you are using our electricity or gas services (or both) at your premises but have not

entered into a formal agreement with us for those services.

Please read these Terms carefully so that you fully understand your commitments and

our responsibilities.

If we supply gas to your premises we may need to enforce other Terms if your premises

are not directly connected to the gas pipeline network operated by National Grid Gas.

Note: In these Terms and Conditions, when we refer to ‘energy’ we mean gas or

electricity (or both) we provide to Micro Business or SME customers. When we refer to

‘services’, we mean gas, electricity, energy-related services and any other services we

43

1 Your and our responsibilities

Terms, we agree to supply services at the premises for the length of this contract.

1c You agree that you own or use the premises (or will on the date that the services

start) and that the premises are currently connected to a mains gas network or

your local electricity distributor’s distribution network, or both (as appropriate).

1d You agree to pay any part of our charges for services that are not currently part of

a genuine dispute.

1e You agree that, for as long as we are the supplier registered to your meter point

administration number or meter point reference number (as applicable) as the

supplier responsible for supplying energy to your premises, all energy that passes

through your meter (or meters) or is supplied to the premises (or both) will be

receive from your transporter as a result of such temporary supply interruption.

2 Access to premises and meters

2a You confirm that you are legally able to, and have permission to, allow us (or

someone appointed by us) into the premises and have full access to your meter

(or meters), including agreeing to us gaining remote access to your metering

equipment, whenever we need to in line with these Terms.

2b You agree that you are responsible for all pipes, equipment, wires and cables, and

all other fittings used in connection with supplying energy on your side of the

energy meter (your side of the meter starts at the point energy leaves your meter

after the meter has measured it), and that you will make sure that they are kept

that prevent us from gaining access to your premises, and all equipment, wires

and cables, and all other fittings used in connection with supplying energy to your

premises, you are responsible (at your own cost) for removing the obstruction:

2c1 whenever there is a possibility of danger or damage to any thing or property, or

at any time we use our powers under an Act of Parliament (or any regulation or

similar law made under it) relating to how we deliver or supply energy; and

2c2 at all reasonable times for the purposes of installing, maintaining, inspecting,

testing or replacing any lines, pipes, wires, cables or any other equipment used in

connection with delivering or measuring energy.

2d You confirm that the premises have, and that you are authorised to use, metering

equipment installed which is capable of providing the information we need

equipment must meet relevant industry standards for safety, accuracy and reliability.

If you are not sure whether the metering equipment installed at the premises meets

these standards, you should contact us. If the premises do not have satisfactory

metering equipment installed, we may increase your charges (see clause 3) or ask

you to replace your meter, which may involve an extra charge.

2e You must make sure that all metering equipment (whether it belongs to us or

we do not own or that has been provided on our behalf, or for any consequences

resulting from that fault.

2g If you take a supply of energy through a prepayment meter, and you use an

electronic or token meter, it is your responsibility to make sure you buy enough

credit units. You must also keep and look after the plastic card, key or other

charging device, keeping it clean, safe and free from damage, otherwise we may

charge you for providing a replacement card or key. If you fail to do this, we may

charge you any costs we may reasonably have to pay (either directly or indirectly)

as a result. You must only use the most recent key or card (unless otherwise

instructed by us) to charge your prepayment meter, otherwise your meter may not

65

2i There may be times when we want to install, or appoint another person to install,

any energy meter and any associated metering equipment at your premises so

that we can improve the service we provide to you. If this is the case, you agree

2.j If you have a ‘smart meter’ that we can read without coming to your premises,

you agree that:

change in the law, government instruction or regulation, or to any tax or duty that

affects our businesses.

3f We will publish any change we make to our prices for any of the reasons given in

clause 3d above in the Deemed Contract Schedule of Charges.

to pay costs beyond those they would normally be charged to carry out our

responsibilities to you, we have the right to charge you any reasonable costs we

4 When this contract starts, your rights to end this contract and our rights to

87

b) two working days after we receive your notice, in writing, that you have

stopped owning, renting or using the premises; or

a term of this contract and we disconnect the supply to your premises or end this

contract.

4d Unless this contract ends under clause 4b, this contract will continue to apply and

you will still be legally responsible for paying all charges made under it until the

contract ends.

4e6 you are declared bankrupt, an organisation or individual takes formal steps to

have you declared bankrupt, or an organisation or individual begins or threatens

any other form of insolvency proceedings against you. If, for any reason, we

continue to supply you in these circumstances, we may need to fit a prepayment

meter at your premises. You will pay the costs of this, which we may collect

through the prepayment meter. This action will not affect any other rights we may

have;

4e7 you have an administration order made against you or enter into a voluntary

(or other similar) arrangement with your creditors and any one of the following

conditions are met:

i) the insolvency office-holder consents to the termination of supply; or

ii) a Court grants permission to terminate supply if it would place us in hardship

not to; or

iii) charges for your supply that are incurred after entering into administration or

voluntary arrangement are not paid within a period of twenty eight (28) days

from the date such charges are due; or

not able to perform our duties under this contract. These circumstances include

anything any other energy supplier, distributor, shipper, or transporter has done or

failed to do; and

4e9 we are no longer involved in any of the industry agreements we work to, or

the relevant industry agents used to collect and process meter information or to

provide and maintain your meter are no longer appointed for each supply point at

your premises.

4f Both you and we can end this contract immediately if we are no longer licensed

to supply energy at your premises.

4g If this contract ends, or if we become entitled to suspend or stop the supply of

energy to your premises under this clause 4, we will be entitled to take action (or

appoint someone else to take action on our behalf) to prevent energy from being

supplied to your premises under the contract or to disconnect your premises (or

4h Ending your contract will not affect any rights and responsibilities you had before

109

5 Billing and payment

5b We have the right to estimate consumption if we have not been able to collect all

we may need to rely on estimated data if your energy meter has failed to

accurately record the amount of energy we supplied during any particular period,

or if your prices have changed during a billing period, for whatever reason, and

we do not have details of consumption on the date of the change. We will

work out this estimate from information we have about the energy used at the

premises, which take into account adjustments to reflect typical seasonal changes

in consumption and may include any meter readings you’ve sent us or we’ve

taken for you, or the size of your premises and how you use your energy.

5c If your energy meter is not read immediately before we start to supply services

under this contract, or we reasonably believe that the meter reading we have is

that period.

5d You agree to pay all of our charges, or any part of our charges that are not part

of a genuine dispute, under each bill or statement (even if the amount is only

an estimate of your consumption) when they become due. You must pay using

the method you have agreed with us. You should pay your bill by its due date,

as shown on the bill, or within 14 calendar days of the issue date of the bill if no

due date is shown. We have the right to offset any credits or debts you may have

in connection with any goods or services we supply against any other credits or

debts you have in connection with any other goods or services we may supply to

you. For example, if your gas account is in credit, we can use that credit to pay off

payment to whichever debt we consider to be most appropriate. For example

we may decide to apply the payment against those charges which have been

outstanding for the longest period. In accordance with our obligations under

Standard Licence Condition 38 and the Green Deal Arrangements Agreement,

if such outstanding charges include Green Deal charges then we will apply

your payment in the relevant proportions due for the amount of Green Deal

5f We will advise you of the payment scheme, plan or other payment arrangements

(‘Payment Schemes’) that has been applied to your energy account in relation to

your chosen energy products. You agree to pay for the energy that you use in

line with such Payment Scheme. If you do not pay for your energy consumption

in line with the requirements of your Payment Scheme then we have the right to

withdraw you from such Payment Scheme, and may place you on an alternative

Payment Scheme. This may result in any benefits or discounts that applied to your

5g If you are having problems paying, we will try to help you, in line with our codes

of practice. However, we can only do this if you contact us to let us know that

you are having problems.

advise you of these costs at the relevant time.

5i We have the right to charge you interest if you are late paying certain debts you

owe us (which include unpaid charges for your supply of gas and/or electricity).

If this becomes necessary, this will be at a yearly rate of 8% above the Bank of

England’s base lending rate at the relevant time. We will apply this interest rate to

the amount you owe us from the due date to the date we receive your payment

in full as well as an administration fee of up to £30.

5j We have the right to recover any expenses we have reasonably been charged

or any other reasonable costs connected with recovering money you owe and

have not paid for goods or services we have provided to you. This includes costs

associated with disconnecting or replacing an energy meter (or both) in these

5k If your contract ends and within 28 days or more from this end date you do not

in our licence).

5l If you choose to pay for your electricity/gas by making a fixed periodic Direct Debit

1211

This will be the case even where we receive meter readings or other relevant

information more frequently. By choosing to pay in this way you agree to this.

payment method as you pay us for your energy supply and you cannot choose to

pay for your Green Deal charges by a different method.

6b1 within 14 days if, during the previous full year, you have paid all our bills or

statements within 28 days of the date of each bill or statement; or

6c When we repay a deposit, we may take from it any money you owe us.

6d If we ask you to pay a deposit and you do not agree to this, or you do not agree

with the amount we have asked for, or if you have a complaint about any of our

services, you may contact our customer service centre. You may also refer your

approved by Ofgem to investigate complaints. Details of our complaint handling

procedure can be found at www.edfenergy.com/sme-complaints.

unbiased advice on all kinds of questions relating to Micro Businesses. You can visit

their website www.adviceguide.org.uk or call them on 03454 04 05 06.

7a We are only liable (legally responsible) to you as set out in these Terms and

Conditions. We have no other duty or liability to you, and all responsibilities,

guarantees and any other Conditions implied by

law or otherwise will not apply, as far as this is allowed by law.

7b We will not be liable to you for any event or circumstance beyond our reasonable

control, including anything any other energy supplier, distributor, transporter or

shipper does or fails to do.

business or 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

suffer as a result of your liability to any other person (however this is caused). As a

result, we recommend that you consider insuring yourself against all these types

of losses.

as set out in 7e below, we will only be liable to you for up to a maximum of

£10,000 for all incidents that lead to damage we are liable for or which involves

7g Each of the subclauses 7a to 7g of this clause is a separate limit to our liability and

happen from the time that you enter into this contract and it affects your legal rights.

please write to Energy Networks Association, 18 Stanhope Place, London, W2 2HH.

Or, you can phone 0207 706 5137 or see the website at

www.connectionterms.co.uk.

9 Information policy

You agree that you have read and understood our information policy (set out in

appendix 2 to this contract), and that you fully agree to its Terms (in particular, that

1413

you agree to your personal information being used in the way described in the

information policy).

10 Other Conditions that apply

10a We can transfer all or any of our rights (including the right to recover unpaid

charges) and liabilities under your contract, or appoint a subcontractor to carry out

any of our responsibilities under the contract (or both), without your permission.

10b Your rights and duties under this contract are personal to you. You cannot transfer

them to another person without our written permission.

10c We may have to stop, suspend or limit the supply of services to your premises as a

10e If we do not enforce any part of this contract at any time, this will not stop us

from doing so in the future.

10f We may sometimes monitor and record calls that you or we make in relation to

our customer services and telemarketing. This is to improve the quality of our

customer services and for training purposes.

10g If you need to give us notice under this contract, you must deliver it by hand or

post it or fax it to the address shown on this contract or on your last bill.

10h If we need to give you notice under this contract, we will send it to the address you

have given us or the address of the premises we are supplying with energy under

this contract (or both).

10k We will not be breaking any term of this contract when we act in line with

any rights or perform the duties under our energy-supply licences or any other

relevant industry arrangement or laws.

10l Nothing in this contract will affect our rights or powers under our energy-supply

licences or other relevant laws.

10m 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.

10n The laws of England will apply to each contract you have with us and the English

courts will have full jurisdiction (legal authority) over any disputes relating to your

contract and all non-contractual disputes which relate to the services.

11 Summary of Key Terms

under the trading name of EDF Energy.

11b The services to be provided under this contract are the provision of gas and

electricity supply, and all associated services required in the course of providing

11f If at any time you would like to make a complaint about the service you have

received from EDF Energy or have any dispute with us that you wish to discuss

in more detail, please speak to one of our customer services advisers on 0800

096 2255

www.edfenergy.com/sme-complaints. Alternatively, call the number above and

our advisers will send you a free copy.

Your new smart meter and the display unit are an upgrade to your existing meter.

By accepting this display unit and new smart meter, you agree to the following extra

Terms and Conditions.

1615

12a Unless otherwise agreed by us, we or our agents will own the smart meter and

display unit provided by us or on our behalf at all times. If you move house, you

must leave the meter and display unit in the premises.

monitoring the energy you use, repairing and updating the smart meter,

from time to time, and changes in energy charges over time, the information

We are committed to respecting your rights to privacy and this information policy

1 You agree to promptly give us, free of charge, any information we reasonably

need to:

c) enter into all agreements and get the registration we need to supply you;

d) supply you in line with your contract and the industry arrangements we work

to;

e) act in line with our rights and responsibilities under your contract;

h) help run, and contact you about improving the way we run any accounts,

services and products we have provided before, now or in the future;