Introduction to Ecopower Supply General Terms & Conditions of Supply
Your new electricity supplier is: Ecopower Supply Limited: Registered in Ireland under CRO Registration Number: 460308. Registered Office: Sion Road, Kilkenny, Ireland. Directors Pat Brett & Philomena Kenealy.
Business Address and Contact Details: Zetec House,
Purcellsinch IDA Business Park,
Dublin Road, Kilkenny, R95 PX5X.
Tel: 056-7750140. Website: www.ecopower.ie
Our Codes of Practice and Customer Charter
Our Codes of Practice and Customer Charter
We have eight Codes of Practice: Marketing and Advertising; Customer Sign-Up; Customer Billing; Disconnection; Complaint Handling; Vulnerable Customers; Pay As You Go Metering and Budget Controllers and Smart Services.
We also have a Customer Charter and, along with our General Terms and Conditions herein and Codes of Practice, these documents set out the way We do business and the services and levels of service You can expect.
If Ecopower Supply fails to abide by the guarantees set out in our Customer Charter, the Customer will be entitled to a compensation payment of €30 which will be credited to your next electricity bill.
These documents are available on www.ecopower.ie/terms-conditions
These are our General Terms and Conditions of Supply for Customers, applicable to you having entered into an Agreement with us to supply electricity to your Premises.
In these General Terms & Conditions, the words below have the following meanings;
You/Your means the Customer.
We/Us/Ours means Ecopower Supply Limited (Ecopower Supply) as your electricity supplier.
Agreement means the contract for the supply of electricity by Ecopower Supply to the Customer incorporating any special conditions and which includes these General Terms and Conditions of Supply.
Contract means the Agreement between You the Customer and Us, Ecopower Supply, whether Fixed Term (meaning the end date of the contract is set) or Evergreen (meaning the contract rolls over indefinitely until You or We end it)
Charges means the amount payable by the Customer for: (a) the supply of electricity by Us (b) any costs associated with the supply of electricity by Us, and (c) any Pass Through Charges.
CRU means the Commission for Regulation of Utilities which is the regulator for the electricity sector in Ireland.
Connection Agreement means an Agreement with the DSO under which the Customer has the right for your installation to be, and to stay, connected to the electricity distribution system in line with the terms and conditions of that Connection Agreement
Deemed Contract means a legally enforceable agreement considered to have been made between Ecopower Supply and the owner or occupier of this premises. A Deemed Contract is considered to have come into existence because the owner or occupier (after receiving notice from Ecopower Supply and where the premises continue to be supplied with electricity by Ecopower Supply) did not inform Ecopower Supply that he or she continued to use the electricity to the premises concerned after the previous contract for supply to the premises concerned had expired, or was not cancelled when a previous owner or occupier vacated the premises or the new owner or occupier did not enter into a new contract of supply;
DSO means the Distribution System Operator – ESB Networks
Customer Account means any account with Ecopower Supply held in Your name for the purposes of the supply of electricity
Meter means the electricity meter installed by the DSO for the purpose of measuring the quantity of electricity used by the Customer on the Premises and includes any such Meter or Meters of any type supplied to the Customer at any time at the Premises.
MRSO means Meter Registration System Operator, a function within ESB Networks who are responsible for the Change of Supplier process in the electricity market.
Point of Supply means the point where the electricity may flow from the electricity distribution system (the electricity grid) to the Customer’s electricity installation.
Premises means the Premises specified in the application for electricity supply completed by the Customer or such other Premises as may be notified by the Customer to Us and accepted by Us.
Price Plan means Ecopower Supply’s list of current prices and the pricing structure applicable to each.
Register/Registration means the registering by MRSO of you as a Customer.
Siteworks means any works carried out by the DSO in relation to the Customer’s electricity supply and any other piece of work as set out in the DSO’s Siteworks charges including, but not limited to the provision, installation, repair, maintenance, withdrawal or reinstatement of electricity supply or the Meter or equipment used in supplying electricity to the Customer’s Premises.
Start Date means the date on which You become our Customer.
Vulnerable Customer – household Customer who is:
- critically dependent on electrically powered equipment, which shall include but is not limited to life protecting devices, assistive technologies to support independent living and medical equipment;
- particularly vulnerable to disconnection during winter months for reasons of advanced age or physical, sensory, intellectual or mental health.
List of Conditions
1. Supply and Renewal
a) We will sell and supply electricity to You at the Premises subject to these General Terms and Conditions until the Agreement is ended by either You or Us.
b) Any amendments to these General Terms & Conditions of Supply will be notified to the Customer at least 30 days before the changes come into effect and the Customer has a right to withdraw from the Agreement if the changes are material. Changes will be notified by at least two of the following ways: Ecopower Supply website; on your bill; text message/email. A copy of the amended General Terms & Conditions will be provided to the Customer at least 28 days before the changes come into effect.
c) If a competent authority determines that any provision of these General Terms and Conditions are invalid or unenforceable in whole or in part, the validity of the other provisions of these General Terms and Conditions and the remainder of the provision in question shall not be affected by that determination.
d) The duration of your Agreement will either be Evergreen or Fixed Term.
e) You can cancel the Agreement within 30 days (cooling off period) from the date you agreed to the Agreement by contacting Customer Service at Ecopower Supply (details at Condition 14). There is no penalty for cancelling during the cooling off period.
f) For existing Ecopower Supply customers this Agreement shall commence on the date of the Agreement. For new customers it shall commence on the date We receive notification from MRSO that You are registered as a Customer of Ours.
g) You must give us all the information We need about the Premises to be supplied, and all other details which We ask for to work out what kind of account/Price Plan You need.
h) You must provide Us with Your contact details i.e. a landline or mobile number, email and postal address and We are allowed to use these details to contact You in relation to Your account.
i) You cannot extend Your supply for someone else to use. We will consider them to be a separate customer.
j) We accept no responsibility for the adequacy, safety or other characteristics of Your electrical installation.
k) Annually, Ecopower Supply will issue a notification to all Customers by email and also display the same information in a prominent position on your Customer bill. The notification will contain the following information: a statement that you have been on the same energy tariff for the past 3 years or more (if this applies); charges currently being paid by You (unit rate, standing charge, prepayment rate, etc.); estimated annual bill for Your current energy plan (excluding time of use tariffs) – the estimate will be based on the CRU approved annual consumption figures. The notification will also include the text “Is this the right tariff for you? You can shop around for a better deal” and “There are no penalties for switching when your contract expires.” The notification will also reference CRU’s website where information can be found on accredited price comparison websites and licensed suppliers.
l) In addition to the above, for Fixed Term Contracts, between 30 – 60 days in advance of the expiry date, we will issue a written notification to inform You of the options available to You when the Agreement expires. This notification will include: the date the fixed term contract is due to expire; estimated annual bill for your current Price Plan (excluding time of use tariffs); charges currently being paid by You; estimated annual bill for Your new tariff (excluding time of use tariffs)
m) For customers not on Fixed Term Contracts, renewal does not apply and you will continue on your current Price Plan until we receive new instructions from You.
n) Unless on a Fixed Term Contract, the Customer will not be charged for changing supplier. A penalty of €50 will be levied on a Customer on a Fixed Term Contract who switches to a different supplier before the Fixed Term end date.
o) Where You need specific information in order to switch the provision of supply from Us, We will confirm all necessary information to enable the completion of the switching process i.e, MPRN, Meter details, last meter reading available to Us. This information can be confirmed, at no charge to You, by contacting Customer Service at Ecopower Supply (details at Condition 14).
Our Customer Sign-Up procedure is set out in the Ecopower Supply Code of Practice on Customer Sign-Up.
2. Metering and Customer Billing
a) The electricity supply will be measured by metering equipment installed and maintained by ESB Networks. In line with the Connection Agreement, DSO staff, its agents or contractors will read the Meters.
b) We will send You bills for the electricity that you use monthly. Your bill may also include charges for services that We have agreed to supply to You and will include VAT and any other taxes or charges that may apply.
c) Bill payment is to be made by the Customer by Direct Debit.
d) If We or You discover that any meter reading has been inaccurate or omitted, or the readings have not been converted into charges correctly, We or You, as the case may be, must pay any money that is due at the date of the next bill.
e) If, for any reason, the DSO (ESB Networks) have not been able to get meter readings, We will use estimated readings. An estimated reading will be calculated based on prior electricity usage at the Premises, the time of year and the nature of the Premises.
f) You are responsible for making sure that metering equipment is protected and kept in safe condition. You must let ESB Networks know immediately if the equipment is interfered with or damaged in any way.
Our billing procedure is set out in the Ecopower Supply Code of Practice on Customer Billing.
3. Pricing and Tariffs
a) The price of the electricity supplied by us is set out in our Price Plan which will be sent to You prior to our commencement of supply.
b) If you are not in a Fixed Price Plan for a specified period, we may change the price at any time provided we have informed you by post or email within thirty days of the price change. You must contact us at Customer Services (details at Condition 14) if you wish to end Our supply to You because of this change in Price Plan. Should we not hear from you within 30 days of notification of the change in Price Plan, by continuing to receive the supply of electricity you will be deemed to have given your express consent to accepting this change.
c) You may get advice from Us on choosing a Price Plan but You are responsible for making the decision on what Price Plan best suits Your needs. In the event that You have chosen the incorrect Price Plan, We will not be held accountable for this or any charging that has occurred due to Your incorrect selection
d) We reserve the right to move You to Our standard Price Plan if You breach the terms and conditions of Your Price Plan.
e) From time to time, We may (at Our sole discretion) offer certain specified categories of customers (which may or may not include You) special Price Plans for a certain period of time to be determined by Us.
f) All prices and tariffs are available to view on our website which is updated immediately when changes are made.
4. Payment of Accounts
a) You must pay Us the cost of the electricity consumed at the Premises, or which we have estimated that you have consumed during the billing period (plus VAT), and any other charge, or any pass through charges, which may be applicable to the tariff You have chosen.
b) Unless We have agreed otherwise, every bill, including bills based on estimated Meter readings, is payable on the date specified on the bill.
c) Where You are more than one person or entity (such as a joint account), each such person or entity is jointly and severally liable for Your obligations under this Agreement (meaning each person owes all of the liability until it is settled by one or other party).
d) You must pay Us for any Distribution Services that We or You have requested to be carried out at Your premises and for which We have been charged by ESB Networks.
e) We reserve the right to change our direct debit collection date and We will notify you in advance of doing this.<
f) All sums due to Us under the Agreement must be paid without deduction or set-off. If You do not pay Us any sum due under the Agreement You may be liable to pay us a late payment fee or interest from the due date at a rate equal to 3% above EURIBOR, accruing on a daily basis until payment is made. If any of your direct debit payments are returned by your bank as being unpaid, You agree and acknowledge that We will be permitted to make representation to your bank for the amount of the unpaid direct debit within 7 days of the notification of return by Your bank.
g) If You have an account with Us at another Premises, We may transfer any credit or debit between Your accounts in order to recover money You owe Us.
h) Non-payment of your bill may result in disconnection.
5. Vulnerable Customers
Ecopower Supply will provide certain services and procedures to Vulnerable Customers as is required under the CRU document “Electricity and Gas Suppliers’ Handbook 2019” (or any updates thereof), and is set out in Ecopower Supply’s Code of Practice for Vulnerable Customers. A Vulnerable Customer must self-register on our Priority Services Register or Special Services Register. The principle protection measures which Ecopower Supply is obliged to maintain are:
a) Ensure that Customers on a Priority Services Register are not disconnected at any time for reasons of non-payment of bills;
b) Ensure that a Customer on a Special Services Register shall not be disconnected during the winter months for reasons of non-payment of bills.
If you wish to be treated as a Vulnerable Customer contact Customer Services at Ecopower Supply (details at Condition 14). We will require You to demonstrate eligibility for inclusion on the registers and we confirm that we will not disclose Your information to parties other than ESB Networks (who require the information to perform legislation obligations in relation to the treatment of Vulnerable Customers).
6. Access and Siteworks
a) All equipment and installations from the distribution network, up to and including the Meter belong to ESB Networks, and must be used in accordance with ESB Network’s instructions and terms and conditions. We have no responsibility for maintaining the Meter or any metering equipment.
b) You agree to be bound by any conditions given to You by ESB Networks or by Us on behalf of ESB Networks regarding Your electricity supply and any related matters. These are available from their website at www.esb.ie/esbnetworks, by phoning ESB Networks at 1850 372 757 or by email at email@example.com.
c) You are responsible at all times for having due care towards the Meter. You will not interfere with the Meter, whether for repairs or for any other purpose without ESB Network’s consent, and shall notify ESB Networks and/or Us promptly of any defect in the Meter or if any alteration or other attention is required.
d) You may request ESB Networks to carry out Siteworks at the premises.
e) We may request that Siteworks be carried out at the Premises such as servicing of the Meter, withdrawal or reinstatement of electricity supply.
f) ESB Networks (and when appropriate We) will inform you at the time that you request the Siteworks of the cost and payment terms of the Siteworks including who will invoice you for those services
g) You must allow ESB Networks’ authorised personnel, agents or contractors entry to the Premises for the purposes of reading, inspecting, withdrawal or reinstatement of supply, or removing the Meter or Meters and for all other purposes in connection with providing electricity. Such entry is to be permitted at all reasonable times and at any time in case of any emergency or network emergency. We may transfer your personal details to ESB Networks for the purpose of maintaining and operating supply to the premises.
7. Payment Security
a) If We decide it is required at any time, You may need to provide reasonable Security, which may be in the form of a deposit in advance of the supply of electricity.
b) Any Security cover provided to Us which is in the form of a cash deposit will be repaid to You when You close Your account provided all sums due have been paid, or after a certain period (not more than twelve months) provided You have satisfied Our payment terms on a continuous basis, whichever is the earliest.
c) You may have to give Us Your date of birth and/or other personal information for credit assessment purposes.
d) We may also request a security deposit from you at any time during the supply of electricity to you if you fail to pay or are late in paying any amount due to us.
8. Change of Supplier
a) You may change supplier at any time. There is no charge for changing suppliers. We will process customer switch requests on request and without delay, as far as practicable.
b) On switching to another supplier your account with Us will close upon commencement of the new electricity supply from the new supplier.
c) In the event that You choose to switch Your account to another supplier while your account with Us is in arrears, a debt flag will display on Your account if you are in arrears for more than levels set for all customers by the CRU. A new supplier can decide not to accept You as a new customer because of these arrears.
d) Equally, upon switching from another supplier to Us, when your request to switch is processed, your current supplier will notify us if you are in arrears for more than levels set by the CRU. If we decide not to carry out the switch because of arrears, we will notify you in writing.
e) Customers are entitled to avail of a cooling off period of 30 calendar days from the commencement of your contract. If you notify us within this period that you do not want to proceed with the switch, we will cancel the switch and you will remain a customer of your existing supplier.
9. Our Liability
a) As Your supplier We will not be liable to You for any loss or damage caused arising directly or indirectly from Your electricity supply and the equipment.
b) Nothing in this Agreement will exclude or restrict Your or Our liability for death or personal injury resulting from Your or Our negligence.
c) We will not be liable to You under this Agreement, tort (including negligence) or otherwise for any indirect damages or economic loss, any loss of revenue, business, contracts, predicted savings or profits.
d) If any exclusion or other condition in this Agreement is invalid for any reason and We become liable for loss and damage that could otherwise have been excluded or limited, our liability will be limited to a maximum sum equal to the total amount of charges and other payments We received from You for the electricity supply.
10. Electrical Emergency
In the event of any incident that causes danger or is likely to affect the availability and quality of service of the electricity network, ESB Networks may discontinue the supply of electricity. If you suspect any electrical emergency call the ESB Networks Emergency Contact Number 1850 372 999.
11. Your Right to End the Agreement
- You may End this Agreement as specified in Condition 1 (b); 1 (d) and 8 (a).
- When you are ending this Agreement You must provide a closing meter reading. In the event that you do not provide a reading, we will estimate the closing reading and any charges arising from this estimate must be accepted by you as the due amount on your final bill.
- Where You end the Agreement, You will pay to Us the amount due for all electricity used up to the date of such termination and for any other charges and obligations in Your Price Plan or services that We have agreed to provide to You under this Agreement.
- The ending of the Agreement will not affect any rights or duties which have accrued to You before the Agreement ends.
- Where the supply of electricity is withdrawn due to Your default, You will pay Us all expenses reasonably incurred and the cost of supply withdrawal and of subsequent reconnection, if any in line with regulated charges and Ecopower Supply Codes of Practice on Disconnection.
- If You are moving Premises and no longer wish to keep Your electricity account with Ecopower Supply open, You must give Us seven (7) calendar days’ notice in advance of Your leaving the premises (or as otherwise agreed by us) by telephone or by emailing Us and pay the amount due for all electricity used up to the date of such termination and for any other charges and obligations in Your Price Plan or services that We have agreed to provide to You, under this Agreement. You must provide a closing meter reading. In the event that you do not provide a reading or access to de-energise the Premises, we will estimate the closing reading and any charges arising from this estimate must be accepted by you as the due amount on your final bill.
12. Our Right to Withdraw Supply and End the Agreement
a) We have the right to end this Agreement with You provided we notify You by post and email, within 30 days of the end of the Agreement.
b) Provided We have followed Our procedures set out in Our Codes or Practice, We may request the DSO to withdraw Your electricity supply (disconnection) if:
- I. You fail to pay any bill for the electricity We have supplied or any other amount under this Agreement for supplying electricity.
- II. You do not agree to an arrangement to pay by instalments or break an agreed arrangement or refuse a pre-payment meter/budget controller.
- III. Your installation or use of electricity interferes with the distribution system or disturbs other customers.
- IV. You extend the supply to someone else who We consider to be a separate customer.
- V. You do not meet all of Your obligations under these General Terms & Conditions or the DSO Connection Agreement, and fail to put things right.
- VI. If You have used electricity without permission or committed theft of electricity.
- VII. You become insolvent, have a receiver, liquidator or examiner appointed, or enter into an arrangement with Your creditors.
- VIII. We need to do so by law.
- IX. Your Connection Agreement ends.
- X. It is no longer practical to supply electricity for reasons outside Our control.
- XI. You have asked Us to.
Our Disconnection procedure is set out in the Ecopower Supply Code of Practice on Disconnection.
You may make a complaint in relation to any issue arising under the Agreement by contacting Our Customer Services Department at Ecopower Supply (details at Condition 14). We will do our utmost to provide an easy process for Customers to use when they are experiencing difficulties with their electricity supply. Where the CRU is investigating a Customer complaint, Ecopower Supply will refrain from taking follow up action in relation to any monies that are the subject of dispute. The complaint handling protocol is set out in the Ecopower Supply Code of Practice on Complaint Handling.
14. Contact Details
Our Customer Service Department may be contacted at:
Our website: www.ecopower.ie
Telephone: 056 775 0140
Ecopower Supply Limited,
Zetec House, Purcellsinch IDA Business Park, Kilkenny, Ireland R95 PX5X
15. Contract Assignment
a) You may not assign this Agreement or Agreement without Our consent.
b) We may, without Your Agreement, assign or transfer all or any part of Our rights and subcontract any of Our obligations under this Agreement to a party that holds the necessary authorisation(s).
c) On such assignment or transfer, We may hand over Your Security deposit and any interest in same to the assignee party or refund it to You.
16. Deemed Contracts
a) A Deemed Contract will be automatically put in place where a Premise is no longer subject to a contract for the supply of electricity by Ecopower Supply, but is connected to a supply where Ecopower Supply is the registered supplier.
b) A Deemed Contract will commence on the date You take electricity supply from Ecopower Supply in the circumstances described in 16.a).
c) The terms of a Deemed Contract constitute an agreement for the supply of electricity between You and Ecopower Supply.
d) Customers supplied under a Deemed Contract are free to enter into a new contract of supply with Ecopower Supply or with another supplier.
e) Where a Deemed Contract is in place, it will continue until You register and enter into a new contract with Ecopower Supply, or You enter into a contract with another supplier.
f) Under a Deemed Contract, Ecopower Supply’s Standard Price Plan will be charged and you are responsible for the payment of electricity supplied.
g) Under a Deemed Contract, we will issue bills to your Premises based on an actual or estimated Meter reading which you are liable to pay.
h) A Deemed Contract is at risk of disconnection.
i) We have the right to end a Deemed Contract provided we notify You by post and email, within 30 days of the end of the Deemed Contract.
If you have opted-in to receive marketing information, We, and/or agents acting on behalf of Us may contact You by text message, e-mail, post, telephone or in person with information about products or services (relating to electricity or other products and services, including those offered by third parties) which may be of interest to You. If you no longer wish to receive marketing information, You can exercise Your right of opt-out by contacting Us. The Ecopower Supply Code of Practice on Marketing and Advertising sets out our service pledges in this area.
18. Data Protection Notice
a) In order that We may provide You with an effective service, and to comply with our legal obligations, it is necessary for Us to collect and use data relating to You (“Personal Data”). This includes Your name, address and contact details, information relating to your consumption of electricity and billing and payment data. Where appropriate, we may also hold information supplied by You, such as answers to security questions, bank account/credit card/debit card details and/or information relating to special circumstances you may have
b) Where you switch to Us from another supplier, we may receive details of Your account history from that other supplier
c) We will hold, use and protect your Personal Data in accordance with data protection and privacy laws.
d) We may disclose your Personal Data to persons who are providing services to us under contract. We are responsible for ensuring that those persons handle and protect your Personal Data to Our standards.
e) Where the law requires, we may disclose Your Personal Data to authorities such as An Garda Siochana or Local Authorities. We may also disclose some or all of your Personal Data to another supplier in the following circumstances:
- Where you switch your account to that other supplier or
- In the event of a market failure involving a supplier default or in the event of a direction form the CRU, to the Supplier of Last Resort designated by the Commission for Regulation of Utilities
Where necessary, we will seek your consent to specific uses of your Personal Data. Where you give that consent, you are entitled to revoke it at any time. You have significant rights in relation to the Personal Data that we hold about you. These rights include
- Access to, and copies of, the Personal Data we hold about you;
- Correction of any Personal Data which is inaccurate;
- Deletion or erasure of Personal Data that we no longer require;
- Your personal information may be transferred to the Distribution System Operator for the purpose of maintaining and operating supply to your premises.
- The headings in these General Terms and Conditions are for convenience only and will not affect their interpretation.
- If We waive a breach of the Agreement by You, that waiver shall not be considered to be or include a waiver of any previous or subsequent breach by You of the same or any other provision.
- If a competent authority determines that any provision of these General Terms and Conditions are invalid or unenforceable in whole or in part the validity of the other provisions of these General Terms and Conditions and the remainder of the provision in question shall not be affected by that determination.
- Where You are more than one person or entity, each such person or entity is jointly and severally liable for Your obligations under this Agreement.
- Any additional terms and conditions to any tariff you have chosen will be made available to you.
- Where customers need specific information in order to switch suppliers, we must provide this information to enable the switching process.
- PAYG Customers may lose their credit in the event of Ecopower Supply exiting the market