These are the terms and conditions of our Smart Export Tariff agreement with you. They aren’t the most exciting but they are very important.

Definitions

“Accreditation” is a demonstration that the installation of the generator in question is suitable certified.

"Central FIT Register (CfR)" is the register maintained by Ofgem that holds information about all eligible installations, owners and nominated recipients participating in the FIT Scheme.

"Declared Net Capacity" means the maximum output capacity at which the generator can operate given losses and limiters place upon the power output across the entire generation system.

"Distribution Network Operator (DNO)" means the company that owns and operates the power infrastructure that connects properties in your area to the electricity transmission network. 

"Exit Fee" means the fee you must pay if you end your contract before the contract end date.

"Export MPAN" is the MPAN associated to your export meter. 

"Feed-in-tariff (FIT)" is a government backed incentive for generating and exporting electricity through small scale renewable technologies.

"kW" means a Kilowatt (a unit of power).

"Micro-generation" means small scale renewable energy generation technology.

"MCS" means Microgeneration Certification Scheme.

"MCS Register" is the register of all installations that are MCS Certified.

"MPAN" meter point administration number is a 21-digit reference used in Great Britain to uniquely identify each point of entry and exit onto a Distribution Network Operator’s system.

"MW" means a Megawatt (a unit of power).

"Ofgem" is the Office of the Gas and Electricity Markets, which is the authority responsible for administering the SEG scheme.

"SEG Licensee" means a licensed electricity supplier that is participating in the SEG scheme.

"SEG" means the Smart Export Guarantee scheme administered by Ofgem.

"Smart Export Tariff" means the tariff offered by So Energy for electricity exported to the grid.

"Solar PV" means Photovoltaics or Solar panels.
"Supply" means the sale of gas or electricity or both to the property via either a gas transportation network or an electricity distribution network, as applicable.

"Validation" is an accuracy check performed on export meter readings against the information provided about your generator to make sure the readings are in line with what we'd expect.

"We" are So Energy Trading Limited. Related expressions like “us” or “our” should be read accordingly. Our address is 107 Power Road, London, United Kingdom, W4 5PY.
"You" are the person who is in receipt of Smart Export tariff payments and or the owner of the generator in question.

1. Starting your Contract

1.1 By accepting the terms and conditions of this contract, you have declared that you have the authority to enter this contract and that you are over 18 (eighteen) years old.

1.2 You understand that our liability to you is limited and excluded, as set out in clause 10.

1.3 The contract will commence on the start date as outlined in your ‘Smart Export Tariff’ document for an initial 12 (twelve) month period. This document will be emailed to you once the following conditions have been met:

1.3.1 So Energy have been able to verify your small-scale renewable generation technology meets the criteria set out in clause 3 and have been provided with copies of its relevant accreditations;

1.3.2 So Energy have received confirmation from the Central FIT Register (CfR) that you are not in receipt of export payments under the Feed-in-tariff (FIT);

1.3.3 The generator export meter has an associated Export MPAN;

1.3.4 You have been registered internally on our Smart Export Tariff.

1.4 If you are currently receiving Smart Export Guarantee payments, you agree that we have been given permission to tell your existing SEG licensee, on your behalf, to end your existing Smart Export Tariff contract and to switch the Smart Export Tariff over to us.

1.5 You are required to provide an opening meter reading within 5 calendar days of your tariff start date.

1.6 At the end of the 12 (twelve) months, you may select another Smart Export Tariff with us, or move to another SEG Licensee’s tariff. If we do not hear from you, we will automatically roll you onto our current Smart Export Tariff on the date of contract completion. This Smart Export Tariff may not have the same unit export rate as your previous export tariff.

1.7 You have a cooling off period of 14 (fourteen) calendar days from the date we email you confirming your registration for the Smart Export Tariff to tell us that you want to cancel it.

1.8 This contract is entirely separate from any other supply contract for gas and or electricity you may have with us and has no effect on your rights and obligations under those contracts. This contract relates solely to the generation unit(s) linked to your Smart Export Tariff.

1.9 We are not responsible for any losses incurred on FIT export income if you are switching from FIT export to a Smart Export Tariff.

1.10 The services that we provide are online only so all information and communications (including billing) will be provided electronically. It is your responsibility to ensure you can access the service; and that we always have a valid email address for you. Additional charges in respect of our costs may apply if you request other methods of communication with us or you do not provide a valid email address. 

1.11 Your specific tariff information can be found in your ‘Smart Export Tariff’ document.

2. Our Tariffs

2.1 Our Smart Export Tariff is based on:

2.1.1 The applicable Smart Export Tariff rate multiplied by the amount of kWh exported. This amount is calculated based on the validated export meter readings as recorded by the installed meter and either supplied by you, taken by us, or taken by an appointed agent on behalf of us. 

2.2 Your Smart Export Tariff is fixed for a period of 12 (twelve) months from registration. We will not change your fixed tariff rate during this period.

2.3 Your rights as a supply customer are not affected should you choose to switch your Smart Export Tariff to another energy supplier.

3. Eligibility

3.1 Your generator has a total installed capacity of no more than 5 MW (or 50kW for micro-CHP systems); 

3.2 You are the owner of the generator;

3.3 The generator is located in Great Britain;

3.4 For solar, wind and micro-CHP generation units, generators should demonstrate that the installation and installer are suitably certified. Accreditation can be shown via:

3.4.1 Microgeneration Certification Scheme (MCS) certification;

3.4.2 Equivalent certification schemes recognised by So Energy. An equivalent scheme is a scheme accredited in accordance with EN 45011 or EN ISO/IEC 17065:2012.

3.5 For other generators not mentioned in 3.4. or those falling outside equivalent schemes, you will need to demonstrate the installation of your generator is suitably certified, which is at the discretion of So Energy.

3.6 Meter:

3.6.1 The meter used to measure the export must be compliant with the metering legislation set out in schedule A, to Electricity Supplier License Condition 57, and be capable of measuring export at half-hourly intervals; 

3.6.2 The meter must have an associated export MPAN and be registered under the Balancing and Settlement Code, regardless of capacity. If the meter does not have an associated export MPAN at the time of application, So Energy will endeavour to register one with the meter at the property with your permission.

3.7 Other requirements:

3.7.1 Generators must not be in receipt of an export tariff under the Feed-in Tariff (FIT) scheme if they intend to claim SEG payments, regardless of whether FIT export payments are made based on metered export or deemed export.  

3.7.2 FIT generators can change their decision to opt in or opt out of claiming FIT export payments up to once every 12 (twelve) months. You must notify us if there is a change to your FIT export status. Collecting SEG and FIT export payments at the same time, knowingly, could constitute fraud.

3.7.3 If the Declared Net Capacity of your generator is greater than 16A or 3.68kW per phase, your local Distribution Network Operator (DNO) must have been notified and subsequently, approved of your generator. You will need to provide us with the G59/G83/G98/G99 report that was submitted to your DNO if the generating capacity is above these values. 

3.7.4 Any Anaerobic Digestion generators must have an ‘AD Reporting Start Date’ provided by Ofgem. In order to receive their ‘AD Reporting Start Date’, the AD generator must complete and submit a declaration to Ofgem confirming their intent to seek SEG payments and to comply with ongoing SEG sustainability and reporting requirements.

3.7.5 Once Ofgem have received and reviewed this declaration, we will provide the AD SEG generator with an email that acknowledges their intent to meet the sustainability and reporting requirements and confirms the ‘AD Reporting Start Date’.

4. Payments

4.1 Payment processing:

4.1.1 You are responsible for ensuring that we have correct bank account details in order to issue payments to you. 

4.2 If you are a So Energy supply (Import) customer:

4.2.1 Your combined bill and statement will be issued on a monthly basis and we will carry any debit or credit balance forward from the previous bill to the next.

4.3. If you are not a So Energy supply (Import) customer:

4.3.1 Unless told otherwise, payments are made to you in the form of a direct bank transfer (BACS) if meter readings have been received and verified.

4.4 If we issue a statement or bill for a period that has either not been billed or been billed inaccurately, we will backdate lost credits for the last 12 (twelve) months or to the start of the contract, whichever comes first. This is the case unless:

4.4.1 The inaccuracy is due to a meter reading error; or

4.4.2 you have failed to inform us that you submitted an erroneous meter reading previously; or

4.4.3 any other circumstances which Ofgem specifies.

4.5 In some cases, we may also impose any applicable charges for other reasonable costs which will be added to your statement at the end of each month. These additional costs include:

4.5.1 Costs related to removing, inspecting, re-installing, testing, installing, moving or repairing a meter;

4.5.2 Costs in recovering money you owe us including, but not limited to, reasonable administration costs, as well as the costs of trying to contact you and getting a warrant to enter your property;

4.5.3 Any Energy exported that has attracted a payment through a FIT export tariff or another Export tariff supplied by another energy company; 

4.5.4 If you fail to keep an agreed appointment with us or our agents without giving us 48 (forty-eight) hours’ notice;

4.5.5 If you change from being a domestic to a non-domestic classification and any associated costs.

4.6 VAT and Taxes:

4.6.1 You will be solely responsible for the payment of all taxes due in respect to export tariff payments made to you.

4.6.2 You will be responsible for determining whether you are required to charge VAT on electricity exported to the grid from your generator. If you are required to charge VAT on exported electricity, we are only required to pay the relevant export tariff payment and associated VAT where you also provide us with an appropriate VAT invoice.

4.7 Payment Disputes: 

4.7.1 If you want to dispute a payment please contact us immediately at help@so.energy or call 0330 111 5050 and we will work with you to resolve the issue.

4.8 We have the right to withhold, reduce or suspend payments in the following circumstances:

4.8.1 If you do not provide us with an export meter reading, in accordance with the relevant procedure as outlined in clause 8.1.

4.8.2 If we are required by Ofgem and/or the SEG scheme to reduce, withhold or recoup Smart Export Tariff payments from you. Examples include but are not limited to if an abuse of the SEG Scheme is identified by us or Ofgem, situations where you have failed to provide information required under the SEG scheme or where information you have provided is discovered to be inaccurate.

4.8.3 If we are notified by MCS that your generator installation has been suspended or removed from the MCS Register or that you have been suspended from participating in the SEG scheme.

4.9 If we have overpaid you, any money you owe us must be paid within 30 (thirty) calendar days of the date we tell you it is owed. We can also terminate your contract in these circumstances - see clause 7.

5. Changes to your Contract

5.1 We may change your contract anytime if it is necessary to comply with any laws or other rules that we are obliged to follow. If any changes are made, a new terms and conditions will be made available on our website with the agreement date marked within the document. 

5.2 If you want to leave before the end of the contract, a £0 exit [AS4] fee will apply which we may deduct from your final payment.

5.3 If you disagree with the changes made, you can switch to another SEG licensee if you notify us within 30 (thirty) calendar days of the change coming into effect. No exit fee will incur for switching to another SEG licensee in this scenario. If you decide to switch to another SEG licensee following a change to our terms causing disadvantage to yourself, any monies owed must be paid or we can object to the switch.

5.4 Making changes to your Generation Unit:

5.4.1 You must tell us if you make any changes to the Generation Unit, such as but not limited to installing additional capacity. However, if the installed additional capacity takes the generator over the 5MW (or 50kW for micro-CHP) threshold for eligibility for SEG compliant tariffs, we will not make payments on the additional capacity.

5.4.2 When generation capacity is added to an existing SEG installation that uses a different source of eligible low-carbon energy, this is treated as a separate eligible installation and therefore a separate export tariff. 

5.4.3 An export MPAN can receive SEG payments from one licensee [AS5] only under the Balancing and Settlement Code.

5.4.4 If you don’t tell us and we find out about it later we may withhold, adjust and/or recoup SEG Payments so that you’ve had the right amount paid to you.

5.5 Change of Ownership or Payment Recipient:

5.5.1 If you’re planning to transfer ownership of the Generation Unit, you must let us know at least 30 (thirty) calendar days before your planned change of ownership. You must also give us a final meter reading on the date ownership changes so that we can pay you any outstanding amounts. 

5.5.2 If you want to nominate someone other than yourself to receive your Smart Export Tariff payments (a nominated recipient), we will need written confirmation of this, providing at least 30 (thirty) calendar days’ notice. You, the owner, will still be responsible for providing monthly meter readings. To remove a nominated recipient from your SEG account, we will need written confirmation of this, again providing at least 30 (thirty) calendar days’ notice.

6. Moving Home

6.1 If you move home and you cease to be the owner of the generator in receipt of our Smart Export Tariff, this contract will terminate immediately. If you are moving to a new home, you must notify us at least 3 (three) calendar days before your move out date. If the new owner of the generator wishes to register with us for Smart Export Guarantee payments, you should direct them to us, and we will enter into a new agreement with the new owner. 

6.2 If you move home and agree with the new owner/occupant of the property that you will continue being the owner of the generator, then this contract is still valid. In these circumstances, you must:

6.2.1 Notify us of your new home address;

6.2.2 Provide us with evidence (e.g. relevant agreement) that you are still the owner of the generator even though you have moved home;

6.2.3 Ensure you can continue complying with your obligations under this Agreement (including providing export meter readings where applicable and allowing us and/or our agents/contractors to gain access to the relevant property).

6.3 If you request us to provide a Smart Export Tariff to your new property, we will cancel your existing contract and provide a new contract appropriate to your new property. You will not be subject to any early exit fees.

7. Ending your Contract

7.1 You have the right to cancel your contract with us, at no cost incurred to you, at any point within 14 (fourteen) calendar days after the day we email you confirming your registration for the Sm[AS6] art Export Tariff. If you cancel after we have started the agreement, we will pay for all exported electricity up until the date in which your agreement terminates.

7.2 You may end this contract by giving us at least 30 (thirty) calendar days’ notice but you will be susceptible to the Smart Export Tariff exit fee if you are within the contract agreement dates.  

7.2.1 We will ask you to submit a final meter reading to us at the end of the 30 (thirty) calendar days with your final SEG payment being made at the end of the following month.

7.3 If you do not agree with changes made to these terms and conditions, you may end this contract by giving us at least 30 (thirty) calendar days’ notice. No exit fee will incur in this scenario.

7.4 We reserve the right to end this contract:

If you are in material breach of the contract;

7.4.1 If we no longer have the relevant licences for SEG;

7.4.2 If we need to comply with any direction given by Ofgem;  

7.4.3 At any time by giving you 30 (thirty) calendar days’ notice.

8. Your Meter and our Agents

8.1 Meter Reads: 

8.1.1 You agree to provide us with accurate export meter readings at any time at our reasonable request between the tariff start date and tariff end date.

8.1.2 We will not accept estimated export readings and will not make assumed or deemed charges for Smart Export Tariff’s.

8.1.3 If you have a Smart meter, you agree to enable your Smart meter to send us readings until the date on which you switch to another SEG Licensee. Our privacy policy describes how we’ll use the information received from your approved meter.

8.1.4 If your Smart approved meter is communicating correctly with our systems, we may manage, monitor and update your meter remotely.

8.1.5 If you or we dispute the accuracy of your meter, we can arrange for your meter to be inspected and tested. If the meter is found to be operating within the statutory limits set out by the National Measurement Office, the party who disputed the accuracy is subject to reasonable charges associated with the inspection and testing.  

8.2 The volume of electricity [AS7] exported from your property is measured by metering equipment installed on the property.

8.3 You are responsible for ensuring that the export meter is operating properly.

8.4 You are required to take reasonable steps to ensure that the metering equipment installed at your property is protected and not damaged or interfered with in any way. You are required to notify us should any damage or interference occur.

9. Complaints

9.1 If you aren't happy with the service that we have provided and feel you need to complain, we have a Complaints Code of Practice that details how we handle complaints. For a copy, please see the Complaints Procedure here

10. Our Liability in this Contract

10.1 If you suffer any loss or damage, our liability to you will be limited to £10,000 in any calendar year for each unconnected event that we are directly responsible for, or £10,000 in total for any connected series of events that we are directly responsible for, and which has caused you loss or damage.

10.2 We will not be liable to you for:

10.2.1 Any loss due to circumstances beyond our control (a force majeure event);

10.2.2 Any loss which is indirect, consequential, economic or financial including loss of profit, revenue, goodwill, business, contractor wasted expenses;

10.2.3 Any fault or failure of your generating system(s);

10.2.4 Any loss which was not or could not have been reasonably foreseen even if we, our employees, subcontractors or agents did not follow this contract;

10.2.5 Any loss caused to you by the electricity distributor in excess of the amount we are entitled to recover from the electricity distributor on your behalf.

11. Safety and Emergencies

11.1 You must tell your electricity distributor immediately if you become aware of any matter or incident which affects, or is likely to affect, the security, availability and quality of the service of the distribution network or causes danger or requires urgent attention regarding the supply or distribution of electricity. Your electricity distributor’s contact details are available on www.so.energy/emergency.

11.2 If you have caused a stoppage, limitation or disconnection then you may have to pay a reasonable charge to restore your electricity export.

12. Additional Conditions

12.1 We agree that we will only use any personal data that you provide to us in accordance with our privacy policy which is available here.

12.2 We may transfer, subcontract, assign or novate any or all our rights and obligations under the contract without your consent. This will not affect your rights under the contract.

12.3 You may not transfer the contract or any of your rights under it without first obtaining our written consent.

12.4 If any part of this contract is declared invalid or is void or unenforceable, the validity of the rest of the contract will not be affected.

12.5 If we do nothing, or delay acting when you breach the contract, we will still be entitled to take prompt action to enforce a similar or subsequent breach of the contract by you.

12.6 The laws of England and Wales apply to this contract as appropriate to the location of the property. If the location of the property is in Scotland, the laws of Scotland shall apply.

13. National Terms of Connection

13.1 By exporting electricity to us we are acting on behalf of your network operator to make an agreement with you. We will speak to your network operator and get an MPAN on your behalf.  The agreement is that you and your network both accept the National Terms of Connection (NTC) and agree to keep to its conditions. The NTC is a legal agreement. It sets out rights and duties in relation to the connection at which your network operator delivers electricity to, or accepts electricity from your home or business. For further information please write to: Energy Networks Association, 6th Floor, Dean Bradley House, 52 Horseferry Road, London SW1P 2AF; call 0207 706 5137 or visit their website at www.connectionterms.co.uk.

12th May 2020