These terms and conditions (the “Conditions”) apply to the supply of gas and/or electricity by Tulo Energy to business customers. They form part of your contract with us and explain how your energy supply works, what you can expect from us, and what we need from you.

Your contract with us is made up of (a) these Conditions, (b) the Contract Proposal and/or Recorded Verbal Agreement that sets out your prices and supply details, and (c) your Welcome Pack. Some words have particular meanings, which are set out in clause 25 (Definitions and Interpretation).

Whether you are a Micro Business or Small Business is assessed using Ofgem’s definitions, as amended from time to time. If you are a Micro Business or Small Business, certain additional protections apply and some provisions in these Conditions may not apply to you. It is your responsibility to tell us if you are, become, or stop being a Micro Business or Small Business at any time during your contract.

We may update these Conditions in accordance with clause 14 (Changes to your contract). The current version is always available at tulo.energy.

1. Your contract

2. Pre-supply conditions

3. Starting your supply

4. Supply of energy

5. Your obligations

6. Deemed contracts

7. Charges

8. Payment

9. Credit checks and security

10. Metering and meter readings

11. Smart meters

12. Access to your premises

13. Disconnection of supply

14. Changes to your contract

15. Consumption tolerance (non-Micro Business customers)

16. Length of your contract, renewal and ending it

17. Consequences of ending your contract

18. Change of tenancy or occupier

19. Objecting to a transfer

20. Theft and fraud prevention

21. Our liability to you

22. Confidentiality and data protection

23. Notices

24. Complaints and dispute resolution

25. Definitions and interpretation

1.1  The Contract Proposal and/or Recorded Verbal Agreement is an offer by you to buy energy from Tulo Energy on these Conditions. It becomes binding on both of us when we issue you with a Welcome Pack accepting your contract.

1.2  Your contract starts on the date on the Welcome Pack and continues until it ends in accordance with clause 16 (Length of your contract) or clause 17 (Consequences of ending your contract).

1.3  Subject to clause 2 (Pre-supply conditions), our obligation to supply energy to each Metering Point begins on the later of the Start Date or the date we become the Registered Supplier for that Metering Point.

1.4  By entering into your contract you warrant and confirm that:

(a)  you have authority to enter into the contract and to buy energy for use at the Premises, and any agent or representative acting for you has the necessary authority;

(b)  your use of energy is for business (non-domestic) purposes, unless we have agreed otherwise in writing;

(c)  you are the owner or legal occupier of each Premises;

(d)  if you are a sole trader, you are aged 18 or over;

(e)  if you are a partnership or other unincorporated body, you and the other partners or officers are jointly and severally liable for all obligations under the contract;

(f)   you are not in breach of any contract with a third party for the supply of energy to the Premises;

(g)  we will be the sole Registered Supplier at each Metering Point for the duration of the contract, and your previous supplier has no proper grounds to object to the transfer; and

(h)  all information you (or anyone acting for you) give us is true, accurate, complete and not misleading, and will remain so throughout the contract.

1.5  By entering into your contract you also confirm that you have told us about any on-site generation or storage and any existing metering or interruptibility arrangements at the Premises, and (if you are a tenant) provided your landlord’s name, address and telephone number. You must notify us of any change to this information at least one month in advance, or as soon as you reasonably can.

1.6  If any warranty or confirmation in this clause 1 stops being true during the contract in respect of any Metering Point, we may end the contract for that Metering Point or, at our option, all Metering Points, in accordance with clause 16.

1.7  While we are working to become your supplier, you must not seek to extend your existing supply contract or enter into a new contract with another supplier. If we cannot complete Registration because of your breach of this clause, the contract will be treated as ended by us for your irremediable material breach.

1.8  If there is any conflict between these Conditions, the Contract Proposal and the Recorded Verbal Agreement, then unless we expressly agree otherwise in writing the order of priority is: (i) these Conditions; (ii) the Contract Proposal; and (iii) the Recorded Verbal Agreement.

2.1  Our supply of energy to you is conditional on each of the following:

(a)  you passing our credit checks and, where we ask for one, providing a Security Deposit in accordance with clause 9;

(b)  each Metering Point being connected to the Network;

(c)  the Supplier Transfer to Tulo Energy being completed; and

(d)  where your contract requires an advance payment before your Start Date, that payment being received by us before the Start Date.

2.2  If your previous supplier objects to the Supplier Transfer, we may either charge you an administration fee (as published on our website) or end the contract for your breach of the warranty in clause 1.4(g).

2.3  If we are unable to become the Registered Supplier for a Metering Point because of your act or omission, or your breach of the contract, and the issue is not resolved within 30 days after the Start Date, we may end the contract for your irremediable material breach.

3.1  Where we do not already supply a Premises, we will take all reasonable steps to complete the Supplier Transfer within the timescales required by industry rules, unless:

(a)  you ask us to start supply on a later date and we agree;

(b)  you tell us you no longer wish the transfer to take place (in which case the contract is treated as ended by you on the date of that notice);

(c)  your current supplier raises a valid objection;

(d)  we do not have all the information we reasonably need from you, despite reasonable efforts to obtain it; or

(e)  we are prevented from completing the transfer by circumstances outside our reasonable control which we have taken all reasonably practicable steps to resolve.

3.2  We will not charge you for the cost of carrying out a routine Supplier Transfer.

3.3  We will not be liable to you for any delay in Registration that is caused by your act or omission or by circumstances beyond our reasonable control.

4.1  In return for you paying the Charges and other sums due under the contract, we will supply energy to the Metering Points for which we are the Registered Supplier, in accordance with the contract.

4.2  Your Network Operator (not Tulo Energy) is responsible for maintaining the Network and the connection of the Premises to it, and for the physical delivery and quality of supply. We are not liable for any interruption, variation or loss of supply caused by the Network Operator. On request, we will give you your Network Operator’s contact details.

4.3  For electricity, we act as agent of your Network Operator to enter into the National Terms of Connection (NTC) between you and that Network Operator (there is no equivalent agreement for gas). By entering into your contract you accept the NTC, which affects your legal rights and sets out the rights and obligations relating to the connection at which electricity is delivered to, or accepted from, your Premises. For a copy of the NTC, or any questions about it, contact the Energy Networks Association at www.connectionterms.org.uk.

4.4  Title to, and risk in, the energy passes to you at the Metering Point. You are responsible for any energy losses on your side of the Metering Point.

4.5  Where we have agreed that some or all of your supply will be from renewable sources, we will use reasonable endeavours to purchase an equivalent quantity of renewable energy (subject to availability), evidenced by the relevant renewable certificates. Additional charges may apply.

5.1  You agree to:

(a)  co-operate with us and provide, promptly, the information and assistance we reasonably need to meet our obligations under the contract, our Supply Licence, the Acts and any industry codes or agreements;

(b)  not enter into any other contract for the supply of energy to the Premises during your supply period;

(c)  tell us in advance of any change to the Premises that is likely to change the amount of energy you use, or the times you use it;

(d)  obtain and maintain all licences and consents needed to keep the Premises connected to the Network;

(e)  where you are a non-Micro Business, not exceed the Capacity agreed with your Network Operator (we may pass through any extra costs we incur if you do);

(f)   where relevant, send us completed Supplier Certificates or HMRC declarations (for example PP11 forms) at least five Business Days before they are to apply, so that any reduced rate of VAT, CCL or other relief can be applied; and

(g)  maintain all equipment, pipes, wires and cables on your side of the Metering Point in good and safe working order and in line with applicable law.

5.2  If our performance of any obligation is prevented or delayed by your act, omission or failure to perform (“Your Default”), we may rely on Your Default to suspend our affected obligations, we will not be liable for any resulting loss, and you must reimburse us on demand for any costs or losses we incur as a result.

6.1  If you become responsible for a Premises we supply but you have not agreed a contract with us (for example, you move in, become responsible for, or are the landlord of a Premises we supply and a tenant moves out), we will treat you as a Deemed Customer and supply you at our Deemed Contract Rates (published on our website and variable on at least 30 days’ notice).

6.2  A Deemed Contract ends when: (a) you agree a contract with us; (b) you transfer your supply to another supplier; (c) someone else becomes responsible for the Premises; (d) the supply is permanently Disconnected;

7.1  You must pay the Charges for all energy supplied to the Premises and any other amounts due under the contract. Your prices are set out in your Welcome Pack and Contract Proposal.

7.2  All Charges are stated exclusive of VAT, CCL, the Green Gas Levy and any other government taxes or levies, which you must pay in addition at the applicable rates.

7.3  We will invoice you for each Billing Period, ordinarily by electronic billing to the email address you give us or via our customer portal. If you do not provide an email address, we may charge for paper billing as published on our website.

7.4  If actual or reliable consumption data is not available, or we reasonably believe it is inaccurate, we may invoice on the basis of a reasonable estimate. We will adjust any over- or under-payment once accurate information is available, ordinarily on your next bill.

7.5  We may pass through to you any third-party costs, network charges (including reactive power and excess capacity charges), and any costs arising from a change in law, industry codes, or the structure or methodology of third-party charges. Capacity shown on the Contract Proposal is indicative; we will invoice based on information provided by your Network Operator.

7.6  The Charges may include commission or fees payable to a broker, intermediary or consultant acting on your behalf. It is your responsibility to understand the nature of any such fee. Any dispute about it is between you and that intermediary, and we are not obliged to refund any part of our Charges.

7.7  If we discover that an invoice was inaccurate, we will issue a corrected or reconciliation invoice as soon as practicable. This clause survives the end of the contract.

7.8  Where you are a Micro Business, we will only recover charges (including via a prepayment meter) for energy consumed, or standing or supply charges accrued, within the 12 months before the recovery action was taken, except where industry back-billing rules permit otherwise (for example, where the delay is due to your obstructive or unreasonable behaviour, or where we are continuing to pursue a charge already validly raised).

8.1  Unless your Contract Proposal says otherwise, you must pay our invoices by Direct Debit in cleared funds within the period stated on the invoice (and, if none is stated, within seven days of the invoice date). Paying by any other method is a non-standard process and may attract an administration charge published on our website.

8.2  You must quote your account number with every payment. If you do not, and we cannot match the payment to your account, we may deduct any reasonable cost of allocating it from the payment.

8.3  If you cancel or fail to maintain a Direct Debit, or a Direct Debit is not collected, we may resubmit the request within two Business Days and, if it is still not paid, we may end the contract for your irremediable material breach, move you to a Payment Default Plan, levy a late-payment administration fee, and/or carry out a Credit Assessment and require a Security Deposit.

8.4  If you do not pay any undisputed amount by its due date, then without limiting our other rights we may:

(a)  charge interest on the overdue amount at 8% per year above the Bank of England base rate, accruing daily until payment, before and after any judgment;

(b)  charge a late-payment administration fee and recover our reasonable debt-recovery costs (including legal and collection costs), as published on our website;

(c)  require a Security Deposit, amend your payment terms or prices, or move you to our Freedom Rates;

(d)  require a Smart Meter to be installed and switched to prepayment mode where appropriate; and/or

(e)  Disconnect your supply in accordance with clause 13, recovering all associated costs (including locksmith and warrant costs) from you.

8.5  If you genuinely dispute part of an invoice, you must still pay the undisputed amount by the due date and continue to pay later invoices. Any properly disputed amount that is found to be payable must be paid within five Business Days of the dispute being resolved, together with interest from the original due date. You may not set off or deduct any amount, except a credit we have issued.

8.6  We may set off any amount you owe us under any agreement against any amount we owe you. Where your account is in credit, we will refund the balance (after any set-off) but may reasonably retain amounts needed to set against your future estimated consumption.

8.7  Any charges or fees in this contract, or published on our website, are a genuine pre-estimate of our additional costs arising from your failure to pay or perform and are not a penalty.

8.8  If you are struggling to pay, please contact us as soon as possible so we can discuss an affordable arrangement.

9.1  You agree that we may carry out a credit check (a “Credit Assessment”) with Credit Bureaus, and otherwise assess your credit status, before and at any time during the contract. You consent to our use of your information and the sharing of it with Credit Bureaus. If you are a partnership we may check all partners; if you are a limited company we may check all directors. It is your responsibility to obtain any necessary consents from those individuals.

9.2  If, following a Credit Assessment or at any time, we have concerns about your credit status or ability to pay, or your account becomes overdue or your credit risk deteriorates, we may (giving any notice required):

(a)  require a Security Deposit, or an increase to an existing one, within ten calendar days;

(b)  amend your payment terms on at least ten calendar days’ written notice;

(c)  require future payment strictly by Direct Debit;

(d)  demand immediate payment of all outstanding invoices;

(e)  require written confirmation that your business remains a going concern;

(f)   report your credit status to a Credit Bureau;

(g)  require a Smart Meter to be installed in prepayment mode to recover outstanding debt; and/or

(h)  amend your contract rates and terms.

9.3  Failure to meet any requirement in clause 9.2 is an irremediable material breach entitling us to end the contract under clause 16.

9.4  Where a Security Deposit is held as cash, we will return any balance (after deducting sums due to us) within a reasonable time after the contract ends or your supply transfers to a new supplier. We are not obliged to pay interest on a Security Deposit.

9.5  If we obtain credit insurance against the risk of non-payment and the insurer withdraws, reduces or alters cover, we may pass through any additional cost to you and/or end the contract (in whole or part) on written notice, without liability for any resulting loss.

10.1  Metering Equipment must comply with the Acts and all applicable industry rules and be suitable for all apparatus connected to it. If we become aware that it is unsuitable, we may arrange for its installation, maintenance or replacement, and you may be required to pay the costs in advance.

10.2  For Metering Points not read remotely, you must give us an opening read within five days of the Start Date and at least one valid read in every six-month period. If you do not provide a read, or we reasonably believe a read is wrong, we may use an estimate in line with industry practice, and we may charge for additional manual reading visits.

10.3  You must not tamper with, damage or interfere with the Metering Equipment, and must take reasonable precautions to ensure no-one else does. You will indemnify us against all liabilities, costs and losses arising from any breach of this clause or from theft of energy at the Premises.

10.4  Metering Equipment is treated as accurate until replaced following a dispute. Either of us may dispute its accuracy, and it will be tested in accordance with the Acts. If it is found to be outside the permitted limits, the costs are borne by the party that appointed (or, for your own meter operator, by you); otherwise the costs are borne by the party that raised the dispute.

10.5  Where Premises require a Half-Hourly Meter or other meter upgrade, you must provide (or ask us to provide) suitable Metering Equipment including a permanent, functioning communications facility. We may end the existing supply period from the date of installation and offer you a new contract, and charge our reasonable costs.

10.6  Costs for Metering Equipment that remains in operation or on the Premises (including transportation, operational and metering costs) remain payable by you even if no energy is being consumed, until the equipment is removed.

10.7  Where you appoint, or your representative nominates, a meter operator or data collector, all such agents must be suitably qualified and you must give us at least one calendar month’s notice. You are liable for all reasonable costs we incur as a result, and will indemnify us for any failure by your agents to operate in accordance with Good Industry Practice. We may reject or delay an appointment on reasonable grounds.

10.8  Where gas Metering Equipment consumes above 732,000 kWh a year, it must have an AMR-enabled meter. If yours does not, you agree that we may install an AMR device and that you are liable for the associated costs (which, where a meter exchange is required, are subject to your prior agreement, not to be unreasonably withheld or delayed).

11.1  Where your contract is subject to the installation of a Smart Meter, we (or our metering partner) will arrange to install a SMETS-compliant meter. We will try to arrange a suitable appointment; where this is not possible we may attend without an appointment (a “Deemed Appointment”).

11.2  If you refuse a Smart Meter, do not book or keep an appointment, the Premises are unsuitable, or an installation is unsuccessful, we may apply our Smart Default Rate or move you to our Freedom Rate, require a Security Deposit, and (if a SMETS meter cannot be installed) end the contract under clause 16.

11.3  Where you have a Smart Meter that we can read remotely, we may collect meter readings (including on a half-hourly basis unless you have opted out), read your meter when prices change or you switch tariff or supplier, carry out updates and maintenance remotely, switch the meter between credit and prepayment mode, and Disconnect the supply remotely, in each case only on the grounds and with the notice set out in these Conditions.

11.4  Except where you are a Micro Business, you will pay for any work needed to ensure Smart Meters are appropriate and meet required standards. For Micro Businesses, where a traditional meter is replaced with a Smart Meter we will not charge for the Smart Meter, although you may be responsible for ancillary costs (such as signal boosters or aerials).

12.1  You must give us, our representatives, suitably qualified subcontractors and the Network Operator safe and reasonable access to the Premises and the Metering Equipment to inspect, read, install, test, maintain, repair, remove or replace it, and to Disconnect or re-establish supply. You grant us a licence to enter the Premises for these purposes.

12.2  You must not obstruct access and must ensure access is not unduly delayed (for example, where a key, accompaniment or other assistance is needed). Where immediate access is needed because of a risk to life, safety or property, or as required by law, access must be given at any time, with or without notice.

12.3  If we cannot gain safe and reasonable access, we may pass on the costs of any aborted visit and may charge an aborted-visit fee. If the position is not put right within one month of our notice, we may end the contract and pass through any additional costs we incur.

13.1  Your supply may be Disconnected, or you may be directed to stop using it:

(a)  to avoid danger, or in an emergency or potential emergency;

(b)  if energy is being stolen or redirected away from the Metering Points;

(c)  to allow maintenance or repair of the Network or Metering Points;

(d)  where we are required or permitted to do so under our Supply Licence, the Acts or industry rules;

(e)  by or on behalf of your Network Operator under your connection agreement;

(f)   if you fail to pay any amount due by its due date;

(g)  after we end the contract for the Premises and remain the Registered Supplier; or

(h)  otherwise in accordance with the contract.

13.2  We (or our representatives) may access the Premises to Disconnect the supply, and may Disconnect remotely where the meter allows. Where required, we will give you notice before Disconnecting in accordance with our Supply Licence, the Acts and industry rules.

13.3  Where supply is Disconnected because of your act, omission or breach, you must (if asked) provide a Security Deposit and indemnify us for all costs and losses of Disconnecting and, where applicable, re-establishing supply. We are not obliged to re-establish supply until we are satisfied the cause of Disconnection has been put right.

13.4  You remain liable for any ongoing charges for Metering Equipment at a Disconnected Metering Point until that equipment is removed.

14.1  We may vary the Charges (including Agreed Supply Rates), or pass through higher or additional costs, where:

(a)  information you, your representatives or subcontractors gave us is untrue, incomplete, inaccurate or out of date;

(b)  there is a change to the Acts, legislation, industry codes or regulations affecting the price or cost of supply;

(c)  a change to your supply results in an increase or decrease in third-party charges;

(d)  a pass-through of third-party charges is indicated in the Contract Proposal, or such charges change as a result of a change in law, industry rules, or the structure, amount or methodology of those charges;

(e)  any amendment is made to CCL or other government or industry levies;

(f)   you do not have, or stop using, your own suitably qualified agents; or

(g)  you refuse, cancel or fail to facilitate a Smart Meter installation, or the Premises are unsuitable.

14.2  Subject to clause 14.1, if circumstances beyond our control mean the prevailing cost of supply to your Metering Point is greater than your Agreed Supply Rate, we may increase the Charges on 30 days’ notice. If we do, you may end the contract under clause 16.3.

14.3  We may amend the contract to comply with any change to the Acts, legislation, regulation, codes or industry guidance, and you agree to such amendments to the extent necessary for compliance.

14.4  We may otherwise change these Conditions (but not your Charges or the length of any fixed term) on at least 30 days’ notice, except where a shorter period is needed to reflect a change in law or industry rules, in which case we will give you as much notice as we reasonably can. The current Conditions are always published on our website.

15.1  This clause applies if you are not a Micro Business. We set your Agreed Supply Rates based on the Estimated Yearly Consumption you give us, as set out in the Contract Proposal.

15.2  If your Actual Consumption is within 20% (or any other figure in the Contract Proposal) of your Estimated Yearly Consumption, you pay the Charges in the normal way.

15.3  If your Actual Consumption is outside that range, we may charge a reconciliation fee in addition to the Charges, calculated as the difference between your Estimated Yearly Consumption and your Actual Consumption, multiplied by your Agreed Supply Rates and by the relevant percentage below:

(a)  where Actual Consumption is less than Estimated Yearly Consumption: gas 38%; electricity 22%; and

(b)  where Actual Consumption is greater than Estimated Yearly Consumption: gas 75%; electricity 44%.

15.4  These amounts are a genuine estimate of our costs where you consume materially differently from what was agreed and are not a penalty. You will not be charged Agreed Supply Rates for energy you do not consume — only the reconciliation fee for any non-consumed energy. We may recover any amount due under this clause in any invoice.

16.1  Unless ended earlier in accordance with the contract, your contract continues for the Agreed Supply Period and then automatically extends for each Extended Supply Period, during which the Extended Supply Rates apply. Before the end of each period we will tell you the rates that will apply for the next period.

16.2  You may end your contract by giving us at least 30 days’ written notice (by email to smeterminations@tulo.energy) to take effect at the end of the Agreed Supply Period or the relevant Extended Supply Period. The contract only ends once another supplier becomes the Registered Supplier or the supply is permanently Disconnected.

Ending by us

16.4  We may end the contract, on notice with immediate effect, for any or all Premises if:

(a)  you fail to pay any amount due within seven days of its due date;

(b)  you commit a material breach that is irremediable, or (if remediable) you fail to remedy it within seven days of our written notice;

(c)  you suffer an insolvency event, take steps towards administration, liquidation, a receiver or arrangement with creditors, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986;

(d)  you stop, or threaten to stop, carrying on all or a substantial part of your business;

(e)  you are in material breach of your Network Operator’s terms of connection;

(f)   a required landlord’s consent is not obtained on terms acceptable to us, or ends;

(g)  we are unable to become the Registered Supplier within 30 days of the Start Date, or to gain access to the Metering Equipment under clause 12; or

(h)  your contract is subject to a Smart Meter installation and you refuse it, or a SMETS meter cannot be installed at the Premises.

16.5  The contract ends immediately and without notice if our Supply Licence is revoked, or a last-resort supply direction is given to another supplier for the Premises.

16.6  You may also end the contract: (a) following a price increase under clause 14.2, by telling us in writing within 30 days of our notice (ending 30 days after your communication); or (b) on a change of tenancy in accordance with clause 18, in which case a change-of-tenancy fee published on our website may apply to your final bill.

17.1  Where Metering Points remain Registered to us after the contract ends, these Conditions continue to apply until we are no longer the Registered Supplier or the Premises are Disconnected. During that period you will be charged at the Deemed Contract Rates.

17.2  Your final invoice will be based on the closing meter reading (provided by your new supplier or the Network Operator where the Metering Point has transferred), together with any other costs reasonably incurred.

17.3  Ending the contract does not affect any rights, remedies, obligations or liabilities accrued up to that point, including the right to claim damages for any earlier breach. Any provisions intended to survive termination continue in force.

17.4  Where we end the contract under clause 16.4, you must (at our option) either indemnify us for all costs and losses arising from the termination and enforcement of our rights, or pay the sum published on our website, which you agree is a reasonable genuine pre-estimate of our loss. Where you are in material breach, we may also sell on the wholesale market any energy we had purchased forward for the Premises and recover our losses, including mark-to-market losses.

18.1  If you stop owning or occupying a Premises, you must give us as much notice as possible and at least 30 days, together with your new address and the name and contact details of the new owner or occupier. We may require reasonable evidence of the change (for example a lease, completion statement or business rates confirmation) and may validate it with the landlord before accepting it. We will not process a change with an effective date more than 30 days after notice.

18.2  You remain responsible for all Charges until the later of the end of your notice period, the date a new owner or occupier assumes responsibility for the Metering Point, or the date the supply is permanently Disconnected. If you move out while owing us money, the contract continues until you have paid all outstanding sums.

18.3  If you are moving, you must provide accurate meter reads for all relevant Metering Equipment at least two Business Days before you move.

18.4  If we reasonably believe you are trying to effect a change of tenancy to a related entity, we may decide not to end the contract and will tell you in writing.

19.1  We may object to another supplier becoming the Registered Supplier for a Metering Point, including where:

(a)  you arrange to transfer before the end of the Agreed Supply Period or relevant Extended Supply Period;

(b)  you have any outstanding or overdue invoices;

(c)  an alternative supplier attempts to Register a Metering Point in error, or does not include all related Metering Points; or

(d)  Registration would breach industry rules or you ask us to object.

19.2  You will co-operate with us where we object and will notify any prospective new supplier of our right to object if we ask you to.

20.1  If we suspect that energy has been stolen, or that a meter has been tampered with or the supply interfered with, we will record this on your account and may share it (for as long as you have an account with us) with the industry-appointed theft risk assessment service and its sub-contractors, who may use it (together with information about other customers) to detect and prevent energy theft and to generate theft leads.

20.2  Such information may be held and shared with other suppliers (where you have an account with them), Ofgem and other industry bodies in line with agreed industry processes, and may continue to be used after the contract ends. It may include sensitive personal information such as alleged criminal offences, and may be used in decisions about your payment arrangements and the products we offer you.

20.3  We may use any information we collect, and any theft leads, to detect, investigate, pursue (including prosecute) and prevent theft and fraud, and to recover any unpaid charges arising from it.

21.1  Nothing in the contract limits or excludes either party’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be limited or excluded by law. Nothing limits your liability to pay the Charges or any termination or reconciliation amount.

21.2  Subject to clause 21.1, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of business, loss of contract, loss of anticipated savings, depletion of goodwill, loss of or damage to data, or any indirect, consequential or pure economic loss.

21.3  Subject to clause 21.1, our total liability arising under or in connection with the contract will not exceed the greater of the average monthly payment due from you for the relevant Premises and the Charges paid by you in the relevant contract year, and in any event will not exceed £5,000 in aggregate.

21.4  We are not liable where supply is stopped, interrupted, delayed or reduced due to you or your Network Operator, and we are not responsible for the Network Operator’s system or for variations in voltage or interruptions. Where you receive (or could receive) compensation from the Network Operator for a loss, we are not liable for that same loss.

21.5  Neither party is liable for any delay or failure to perform caused by Force Majeure. The affected party will notify the other as soon as reasonably practicable and take reasonable steps to mitigate. If a Force Majeure event continues for more than 30 days, either party may end the contract on 14 days’ written notice.

21.6  Except as expressly set out in the contract, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

22.1  Neither party will disclose the other’s confidential information relating to the contract without consent, except to comply with law or regulation. We may, without your consent, disclose information: for credit checking under clause 9; to perform our obligations under the contract or the Acts; and to third parties engaged to recover sums due from you.

22.2  Tulo Energy is the data controller for the personal data you provide. We will handle personal data in accordance with the Data Protection Legislation and our Privacy Policy (available on our website). We may use the information you provide, or that we obtain from your Metering Equipment or Smart Meter, to: identify you and manage your account; supply energy and meet our legal and industry obligations; carry out credit and fraud checks; recover debt; improve and train our services; and (where permitted) tell you about other products that may interest you.

22.3  You agree that we may obtain information from your previous supplier and provide information to your new supplier if you switch in future. You consent to us carrying out searches with credit reference and fraud prevention agencies, which may leave a search footprint on your (and, where relevant, your officers’) credit file.

22.4  Where you provide personal data about your employees or other representatives, you agree to bring our Privacy Policy to their attention. Calls and other communications may be recorded for training, quality and security purposes.

22.5  If a supplier of last resort is appointed because of our insolvency, or we transfer the contract under clause 24, you agree to accept that entity as supplier in our place from the date of notification.

23.1  Notices under the contract must be in writing (which includes email) and sent to the address in the Contract Proposal, by hand, pre-paid first-class post, commercial courier, or by email to help@tulo.energy). We may contact you at any Premises address, your registered office, or the address we hold on file.

23.2  A notice is treated as received: if delivered by hand, when left at the address; if by pre-paid first-class post, at 9.00 am on the third Business Day after posting; if by courier, when the delivery receipt is signed; and if by email, at 9.00 am on the next Business Day after transmission. This clause does not apply to the service of legal proceedings.

23.3  Where you give us a valid email address, you agree to receive communications by email and that email is written communication for the purposes of the contract.

24.1  If you wish to complain, please contact our Customer Services team in the first instance, in writing, by email or by telephone using the details on our website. We will handle your complaint in line with our Complaints Handling Policy (available on our website).

24.2  If you are a Micro Business or Small Business and remain unhappy after our complaints process, or your complaint is unresolved after eight weeks, you may refer it to the Energy Ombudsman. The service is free and independent and we are bound by its decision. You will continue to pay invoices based on your consumption during any dispute.

24.3  We may assign, transfer, charge, subcontract or deal in any other way with our rights and obligations under the contract, including transferring it (and our outstanding rights and obligations) to another energy supplier or by way of security. You agree to such transfers and to accept the transferee in our place. You may not assign or transfer your rights or obligations without our prior written consent.

24.4  The contract is the entire agreement between us and supersedes all previous agreements, representations and understandings relating to its subject matter. Neither party has any remedy for any statement not set out in the contract, except for fraud.

24.5  A failure or delay in exercising a right is not a waiver of it. If any provision is or becomes invalid or unenforceable, it will be modified to the minimum extent necessary to be enforceable or, if that is not possible, deleted, without affecting the rest of the contract.

24.6  Except as set out in the contract, no one other than you and us has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term, save that an assignee under clause 24.3 may enforce the contract. Nothing in the contract affects your statutory rights.

24.7  We will not tolerate violence, aggression or abuse towards our staff and may take legal action or refer the matter to the police. Each party will comply with applicable anti-bribery, anti-money-laundering and anti-slavery laws, including the Bribery Act 2010 and the Modern Slavery Act 2015.

24.8  The contract, and any dispute or claim (including non-contractual disputes) arising out of or in connection with it, is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

24.9  Third Party Intermediaries (TPIs): we will only discuss your contract with a TPI who has provided a valid signed letter of authority, and we may assume any such letter is validly given. Where a TPI is involved, the Charges may include commission paid to that TPI for the duration of the contract; if you are a Micro Business you may ask us for information about TPI commission, otherwise it is your responsibility to understand it. The TPI acts for you, not for us, and any dispute with the TPI is between you and the TPI.

In these Conditions, the following words have the following meanings:

Interpretation

In these Conditions, unless the context requires otherwise: a reference to a statute includes any amendment, re-enactment or subordinate legislation; “including” and similar words are illustrative and do not limit the words around them; headings do not affect interpretation; the singular includes the plural and vice versa; a reference to writing includes email and SMS; and an obligation not to do something includes an obligation not to allow it to be done.