Here are the terms and conditions of the UK Government’s Feed-in Tariff Scheme (FIT Scheme) for participants via So Energy.
2. Starting this agreement
3. Confirmation of this agreement
5. Changes to your installation and eligibility
6. Generation tariff
7. Export tariff
9. Nominated recipient
11. Electric batteries
12. Grid connection arrangements
13. Opting out of export
14. Change of ownership
16. Termination and switching
17. So Energy's obligations
20. Changes to this agreement
23. Additional conditions
“Accreditation” is a demonstration that the installation of the generator in question is suitably certified.
“Agreement” is a legally binding Agreement between you and us regarding your participation in the FIT Scheme via So Energy, which includes: our Feed-in Tariff terms and conditions (this document), our Confirmation email and any other agreement you receive from us.
“Annual Declaration” is a form that will be signed by you every year to confirm that the details you have provided to us regarding your Installation are still current and correct.
“Application Form” is our FIT sign-up form, or any other application form or documents which we may have required you to provide as a condition of your participation in the FIT scheme via So Energy.
“Central FIT Register” is the register maintained by Ofgem that holds information about all eligible installations, owners and nominated recipients participating in the FIT Scheme.
“Confirmation” refers to the emails and document(s) that we may send you that will: confirm that your application to participate in the FIT Scheme via So Energy has been successful, contain details relating to the registration of your Installation on the Central FIT Register.
“Confirmation Date” is the date when So Energy receives confirmation from Ofgem that a FIT Installation: has gained admission into a tariff period, is classified as accredited, is enrolled onto the Central FIT Register.
“Deemed Export” happens when you export electricity to the distribution network but do not have an Export Meter installed.
“Eligibility Date” is the date from which an Installation is eligible to receive FIT payments. Installations with MCS certificate issue dates on or after 15 January 2016 the Eligibility Date will be the later of: the date of the FIT generator’s application to the FIT Licensee, the start of the tariff period that the Installation falls into. For ROO-FIT Installations with a declared net capacity of over 50kW, the eligibility date is a receipt by Ofgem of a FIT generator’s written request for ROO-FIT Accreditation in a form acceptable to Ofgem (for Installations).
“Eligibility End Date” is the date from which your right to FIT Payments ends.
“Eligibility Period” is the period during which you are eligible to receive FIT Payments.
“Export Meter” is a meter which measures the quantity of electricity, generated by your Installation, that is then exported to the grid.
“Export Meter Reading” is the measure by the Export Meter of the quantity of electricity produced by your Installation which has been exported to the grid.
“Export Payment” is the payment under the FIT Scheme which is calculated by reference to the Export Tariff Rate and the Export Meter Reading;
“Export Tariff Rate” refers to the £/kWh unit rate used to calculate export payments that is linked with a tariff code that is decided by Ofgem.
“FIT Licensee” refers to the licensed electricity supplier that is participating in the FIT Scheme (this consists of both Mandatory and Voluntary Licensees).
“FIT Payment” is a payment under the FIT Scheme for the electricity generated by your Installation, being either a Generation Payment or an Export Payment.
“FIT Scheme” is the Feed-in Tariff scheme administered by Ofgem (for more information see here: www.ofgem.gov.uk/ ).
“FIT Scheme Rules” This includes: the Feed-in Tariff Order 2012 (as amended from time to time), the standard licence conditions applicable to licensed electricity suppliers that oversee the operation of the FIT Scheme, any other legislation, rules or guidance (including guidance published by Ofgem) which apply to the FIT Scheme from time to time.
“Generation Meter” is a meter which measures the quantity of electricity generated by your Installation.
“Generation Meter Reading” is the measure by a Generation Meter of the amount of electricity generated by your Installation.
“Generation Payment” is a payment under the FIT Scheme which is calculated by reference to the Generation Tariff and the Generation Meter Reading.
“Generation Tariff Rate” refers to the £/kWh unit rate used to calculate generation payments that is linked with a tariff code as decided by Ofgem.
“MCS” Microgeneration Certification Scheme is a nationally recognised quality assurance scheme, supported by the Department for Business, Energy & Industrial Strategy (BEIS). MCS certifies microgeneration technologies used to produce electricity and heat from renewable sources. You can find more details on the website: www.microgenerationcertification.org.
“Meter Reading” refers to either an Export Meter Reading and/or a Generation Meter Reading.
“Metering Regulations” refers to all regulations with which Generation Meters and/or Export Meters must comply as part of the FIT Scheme Rules, including (as at the date on which these terms and conditions are issued: Schedule 7 to the Electricity Act 1989; The Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998, (S.I. 1998/1565); The Meters (Certification) Regulations 1998 (S.I. 1998/1566); The Electricity (Approval of Pattern or Construction and Installation and Certification) (Amendment) Regulations 2002 (S.I. 2002/3129); The Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 (S.I. 1995/2607); The Measuring Instruments (EC Requirements)(Electrical Energy Meters) (Amendment) Regulations 2002 (S.I. 2002/3082); The Measuring Instruments (Active Electrical Energy Meters) Regulations 2006 (S.I. 2006/1679).
“Nominated Recipient” refers to the person appointed by you to receive FIT Payments.
“Ofgem” is the Office of the Gas and Electricity Markets, which is the authority responsible for administering the FIT scheme.
“Quarter/Quarterly” refers to the intervals which are used, under the FIT Scheme Rules, for processing payments to and from FIT Licensees in relation to the FIT Scheme. At the date on which these terms and conditions were issued, the intervals in question are the periods ending 31 March, 30 June, 31 August and 31 December in each year.
“Reading Date” indicates the date(s) by which you are obliged to provide us with a Generation Meter Reading and/or an Export Meter Reading, as applicable, for particular Quarters. These will be the dates set out in the Confirmation email or any modified dates that we decide should be applicable, and then tell you about, in order to reflect adjustments to the Quarterly basis on which we administer FIT Payments.
“ROC” means Renewable Obligation Certificates.
“ROO-FIT” refers to Renewables Obligation Order Feed-in Tariffs, a scheme administered by Ofgem. For more information: www.ofgem.gov.uk/environmental-programmes/fit/applicants/roo-fit-large-installations.
“So Energy” (may also be referred to as “we” or “us”.) So Energy is our trading name. We are an energy supplier and an Ofgem registered FIT Licensee. Our registered company is So Energy Trading Limited (company number: 09263295) and our address is Studio 2 Power Road Studios, 114 Power Road, Chiswick, W4 5PY.
“Tariff Code” is a code generated by the Central FIT Register for each FIT Installation registered on it that defines the generation and Export Tariff rates.
“Validation” is an accuracy check performed on Meter Readings compared to the information that we hold about your Installation to make sure the reads are (roughly) consistent with what we'd expect. For the avoidance of doubt, the terms “Validate” and “Validated” shall have the same meaning.
“You” “You” are the FIT generator (the owner of an eligible installation that intends to participate in the FIT Scheme and has selected So Energy to be your FIT Licensee).
- To receive FIT Payments, you must meet the eligibility criteria of the FIT Scheme. You must confirm that you meet these criteria at the start of this Agreement and once ever year while the Agreement is in force.
- This Agreement begins, and your participation in the FIT Scheme via us will become fully effective, as soon as all of the following have happened:
- we have received the application form from you (in electronic or paper form) [AN1] confirming your agreement to So Energy’s FIT Scheme statement of FIT terms (i.e. these terms and conditions);
- your Installation has been registered successfully on the Central FIT Register;
- your Installation is recorded on the Central FIT Register as being owned by you; and
- we are listed on the Central FIT Register as being the “FIT Licensee” in respect of your Installation.
- We will confirm your Agreement start date to you as soon as practicable following satisfaction of the requirements set out in section 2.1 above.
- You agree that you have entered into this Agreement with So Energy in your personal capacity and you have not entered into this Agreement with So Energy through any other third-party agent.
- We will upload the information you give us to the FIT Central Register. You must make sure that this information is correct. If you believe that the information on the FIT Central Register is incorrect, you must tell us straightaway.
- You will receive confirmation of this Agreement from So Energy via a Confirmation email which will detail the following:
- your Confirmation Date, your relevant Tariff Code, your Eligibility Date, your Eligibility End Date and Eligibility Period as recorded on the Central FIT Register and based on information you have provided about your Installation;
- your Generation Tariff and (if relevant) Export Tariff Rates applicable to your Installation on the Confirmation Date;
- how often we require Meter Readings from you and the frequency you will receive FIT payments; and
- any other information that Ofgem requires us to provide you as per the FIT Scheme Rules.
- You confirm you are eligible for the Feed-in Tariff because:
- you own the Installation
- your Installation is located in Great Britain;
- your renewable electricity generating system as described in your application form is an “eligible Installation” within the FIT Scheme Rules;
- your Installation has a Total Installed Capacity (within the meaning of the FIT Scheme Rules) of no more than 5MW (or 2kW for micro CHP systems);
- your Installation is MCS or ROO-FIT accredited and has been entered on the Central FIT Register;
- you do not already receive, and will not be receiving FIT Payments from any other FIT Licensee for the Installation you wish to register;
- you have not claimed, and will not be claiming, ROCs for the Installation you want to register;
- the fitting of your Installation was not financially subsidised by a non-permitted public grant, or you have informed us if you have received any grants in relation to your Installation and accept that you may be required to repay such grants if requested by Ofgem in accordance with the FIT Scheme Rules in order to join and continue with the Feed-in Tariff;
- your Installation does not contain generating equipment that has previously been qualified under the FIT Scheme;
- your Installation does not sell electricity through the Non-Fossil Fuel Obligation
- If you do not have the information you need to be able to keep to this Agreement, you must get it from the person who owns the Installation. If you do not own or use the premises, you must make arrangements with the owner or user to make sure that you can keep to this Agreement.
- It is your responsibility to provide us with accurate and up to date information to help us to administer the FIT Scheme. You must provide So Energy with the relevant information, declarations and evidence set out in this Agreement.
- You shall sign the Annual Declaration that we will send to you each year before the anniversary of your Confirmation Date with So Energy, to confirm that the details you have provided to us about to your Installation are still current and correct. Failure to sign this declaration will lead to the postponement of your FIT payments;
- You agree that you will ensure that if any information you have already provided to us ceases to be accurate, you will inform us in writing of the change as soon as possible. Should anything change, you will provide us with accurate, updated information including any appropriate supporting documentation that we may need to verify the change within 10 working days of such change becoming effective. Examples include (but are not limited to): extensions or reductions that modify the capacity of your Installation such as equipment breakdown or planned maintenance which may affect generation output, ownership changes or changes in your Generation Meter;
- When you notify us about a change, we may need to update the Central FIT Register. Once this Central FIT Register change has been confirmed by Ofgem, we will send you an updated confirmation which will include your new Tariff Code and rates if these have changed. The relevant changes will apply from the date on which Ofgem confirms they should take effect;
- If you fail to inform us about a change, and we discover this change we are obliged to inform Ofgem. Ofgem will decide what action is to be taken. We may also suspend your FIT Payments.
- If we find that any of the information you have given us is not correct:
- this Agreement may be void and we may suspend or remove the registration of your Installation on the FIT Central Register; and
- we may reduce or withhold FIT Payments, or you may have to repay FIT Payments.
- Ofgem require that you retain, for at least one year, any information which you receive from us, or provide to us, in relation to the FIT Scheme and/or this Agreement. This includes details of all payments made to you under the FIT Scheme and all Meter Readings taken from or supplied by you.
- Your Generation Tariff will be set out in your Confirmation email from So Energy. The Generation Tariff is decided by the Secretary of State who may change it occasionally. If this happens, we will inform you when we make your next FIT Payment and all subsequent FIT Payments will be adjusted accordingly.
- In your application to receive FIT Payments, you must tell us whether you want to receive Export Payments as well as Generation Payments. Once you have decided whether or not to receive Export Payments, you cannot change that decision until the first anniversary of this Agreement. If you want to change your decision you must tell us.
- You cannot receive Export Payments if your Installation is not connected to the electricity network.
- Your Export Tariff will be set out in your Confirmation email from So Energy. The Export Tariff is decided by the Secretary of State who may change it occasionally. If this happens, we will inform you when we make your next FIT Payment and all subsequent FIT Payments will be adjusted accordingly.
- If your Exported Electricity is “Deemed”, we will calculate your Exported Electricity at the “Deemed” rates decided by the Secretary of State.
- Subject to the terms of this Agreement and the FIT Scheme Rules, you will be entitled to receive FIT Payments from So Energy during the period from your Confirmation Date to your Eligibility End Date (unless this Agreement is terminated earlier).
- Any FIT payment paid to you will be calculated by reference to the FIT Scheme Rules, including the Generation Tariff and Export Tariff rates published by Ofgem. If tariff rates are altered by Ofgem or the Secretary of State, or any other modifications occur to the FIT Scheme Rules which affect the basis on which FIT Payments are made, these changes will be reflected in the FIT Payments.
- We will work out FIT Payments based on the information held on the FIT Central Register and the Meter Readings you provide.
- Generation Payments will be calculated by multiplying the applicable Generation Tariff rate (with reference to the data in the Central FIT Register for your Installation) by the amount of kWh generated by your Installation over a given time period as based on the Meter Readings that you provide and we have Validated.
- Export Payments will be calculated by multiplying the applicable Export Tariff rate (with reference to the data in the Central FIT Register for your Installation) by the amount of kWh generated by your Installation over a given time period as based on the Meter Readings that you provide and we have Validated.
- You shall provide us with a Meter Reading and photographs so that we are able to Validate the Meter Reading. We will send you a FIT Payment each quarter until the Eligibility End Date, unless this Agreement is concluded earlier.
- We will send you a payment statement for each quarterly FIT Payment. Please check your statement and contact us within five days of receipt if you believe there are any inconsistencies.
- We will strive to send your FIT Payment within 60 calendar days of the Meter Reading Cut Off Date, provided that you’ve given us a Meter Reading that we’ve been able to Validate and subject (if applicable) to us first having received an appropriate VAT invoice. Payment within this timeframe is also subject to Ofgem promptly issuing your FIT Payment to us. Time for payment shall not be a condition of this Agreement.
- FIT Payments will be paid to you in accordance with your VAT status:
- If you’re not VAT registered, we will make the FIT Payment to you by an active Direct Debit mandate.
- If you’re VAT registered, FIT Payments can only be made to you via Direct Debit. If you haven’t chosen Self-Billing, you agree to invoice us for this sum. If the invoice you provide is valid for VAT, we will attempt to make the FIT Payment to you within 60 calendar days of receipt. If you are VAT registered and have enrolled for Self-Billing, we will generate your invoice and attempt to make the FIT Payment to you within 60 calendar days. Time for payment shall not be a condition of this Agreement.
VAT and Taxes
- You are responsible for the payment of any and all taxes due in respect of any FIT Payments made to you.
- At all times we retain the right to withhold, reduce or recover a FIT Payment for any reason, including abuse, error or where Ofgem instructed us to do so. Where an error is found, we will take reasonable steps to fix this error at the earliest chance. If we suspect or discover abuse, we’re required to inform Ofgem immediately and suspend your account. Ofgem will then notify us about measures they require us to take.
- If there is an overpayment of FIT Payments, you will be required to make a repayment which we will in turn account for to Ofgem. Should a FIT Payment repayment not be received in full, or where you tell us to do so and we agree, we can withhold or reduce FIT Payments until the account deficit has been cleared.
- If there is an underpayment of FIT Payments, we will adjust future FIT Payments in a timely manner. The timing of the adjustment is not a condition of this agreement and modifications may be made across several FIT years, but all modifications will be completed by the final payment following the Eligibility End Date.
- If Ofgem suspend or remove you from the Central FIT Register, we must suspend your FIT Payments until Ofgem confirm we can continue making them to you. Where Ofgem instruct us to, we must continue FIT Payments at a decreased rate.
- If you do not provide Meter Readings within the required timescales, or if any Meter Reading fail Validation, your FIT Payments may be suspended until the following Quarter.
- We will also have the right to reduce or withhold FIT Payments from you or recoup FIT Payments that have already been made in the following circumstances:
- if it has been identified that there has been an error by Ofgem, you or us which has led to us making FIT Payments in excess of your entitlement under the FIT Scheme;
- if an abuse of the FIT Scheme is identified by us or Ofgem; and/or
- if we are required by the FIT Scheme Rules and/or any direction given to us by Ofgem to reduce, withhold or recoup FIT Payments from you.
If you wish to dispute a payment, please contact us at FIT@so.energy
9. Nominated Recipient
- You must inform us in writing if you require that FIT Payments are made to a Nominated Recipient. We will not start making FIT Payments to the Nominated Recipient until we have all the information that we need to verify that person’s details and update the Central FIT Register accordingly. Even where FIT Payments are being made to a Nominated Recipient, you will remain fully responsible to us for complying with the obligations set out in this Agreement, including the obligation to provide Meter Readings;
- If you want to change the Nominated Recipient then you must inform us in writing, and provide us with all the information necessary to make this change. We will not start making FIT Payments to the new Nominated Recipient until we have all the information that we need to verify that person’s details and update the Central FIT Register accordingly.
Your Generation Meter and (if applicable) Export Meter must be located in an accessible location such that it can be easily read without the use of equipment. If we consider, following a visit by one of our metering agents/contractors that your Generation Meter or Export Meter is not in an accessible location, we reserve the right to require you to book a meter relocation with a certified installer.
- You must ensure that the Generation Meter and (if applicable) the Export Meter comply with the Metering Regulations.
- You are responsible for ensuring that the Generation Meter and (if applicable) the Export Meter are functioning properly.
- Where you Generation Meter and/or Export Meter falls short of the requirements set out in the Metering Regulations or is not functioning properly, you shall be responsible for the cost of repair to bring the meters up to the required standards so as to comply with sections 10.1 and 10.2 of this Agreement.
Export Meter Requirements
- If your Installation has a TIC of 30kW or less, is connected to the grid, and there is not an Export Meter installed, the total of electricity assumed to have been exported to the grid will be calculated by us on a “Deemed Export” basis in accordance with the FIT Scheme Rules;
- The current Deemed Export rates are:
- 50% of the Exported Electricity (in kWh) logged by the eligible Generation Meter in a given period where the Generation Unit uses photovoltaic technology, wind or anaerobic digestion; or
- 75% of the kWh Exported Electricity (in kWh) logged by the eligible Generation Meter in a given period where the Generation Unit is a hydro generating station.
The UK Government may change this method of working out the percentages. If this happens, we will tell you as soon as possible.
- If your Installation has a TIC of over 30kW and you would like to receive FIT Payments for electricity exported to the grid, you must install an Export Meter that is compliant with the FIT Scheme Rules. If a meter is not installed, you will not be entitled to export payments.
- You agree to notify us immediately if you install an authorised Export Meter or your export stops being a Deemed Export for any reason. If you install an Export Meter you are required to send us an Export Meter Reading on the day the Export Meter is installed.
Your Meter Readings
- You confirm that you are aware that the FIT Scheme Rules do not make provision for the use of estimates;
- You must provide us with accurate Meter Readings during the meter reading windows and at our reasonable request at any time between (or until this Agreement is terminated);
- All Meter Readings must be provided in accordance with the procedures described in the Confirmation email or any revised practice that we may introduce and notify to you subsequently. Should you not provide us with a particular Meter Reading, as outlined in the Confirmation email, or we are unable to Validate your Meter Reading using the photographs you have provided by the applicable Reading Date, we will have the right to suspend payment for the quarter in question and not pay you until the following quarter (as long as we have received from you fully updated, valid Meter Readings by the end of the following quarter).
- The meter reading windows are outlined as follows: March 1st – March 20th, June 1st – June 20th, September 1st – September 20th, December 1st – December 20th.
- You must grant access to your Generation Meter and (if applicable) your Export Meter, to So Energy (or any metering agents/contractors working on our behalf) for the purpose of obtaining Meter Readings and inspecting and testing the meters. If you have an Export Meter, access should also be granted for maintenance and if required, replacement. If you refuse to allow us access to your premises, we will be entitled to withhold FIT Payments until you give us access to the premises.
- We are obliged by Ofgem to validate your Generation Meter and (if applicable) your Export Meter at least once every two years, but we are allowed to carry out these checks more frequently if needed.
- Should our metering agents/contractors be unable to access your Installation for the purposes described above, we have the right to hold any FIT payment until we have been able to gain access and confirm the accuracy of your Meter Readings;
- If you or we think that your Generation Meter or Export Meter is not correctly recording information, you must do the following:
- you must arrange for the meter to be replaced as soon as reasonably possible. You must pay for any replacement meter, including the cost of installing it;
- if the meter is over-recording, you must promptly repay to us any FIT Payments where we have paid too much to you. If you owe us money, we may deduct it from your future FIT Payments until the amount is repaid;
- if the meter is under-recording, we will increase your next FIT Payment by the amount that we have underpaid you.
11. Electric Batteries
- If you install an electricity storage system (e.g. battery storage), you must notify us within 10 working days as this may affect your Eligibility to receive FIT Payments.
- Where we determine that your electricity storage system means that you are no longer eligible to receive FIT Payments, you will be notified in writing and this Agreement shall automatically terminate in accordance with section 16.4.2
- If we become aware of other scenarios where a battery (or other storage device) is used and we are unsure whether the installation is eligible for FIT Payments, we will contact the FIT Compliance Team.
12. Grid Connection Arrangements
- If your Installation is off-grid you will not be eligible to receive an Export Payment, and by entering this Agreement are deemed to have declared: "I hereby declare that it is my intention to use any and all electricity generated by my FIT Installation and that I fully understand that any electricity generated but not so used will not be eligible for FIT payments";
- If your Installation is connected to the grid, you must ensure that the Distribution Network Operator has been notified and that you fulfil any requirements involving the ongoing use of the grid connection;
- If a connection agreement with the network operator, leading the export arrangements, is not in place, then by exporting electricity to us under this Agreement, we may be obligated under electricity industry rules to confirm that you enter into a standard connection agreement with the network operator. In this situation, we will act on behalf of your network operator to make an agreement with you. The agreement is that you and your network operator both accept the National Terms of Connection (NTC) and agree to keep to its conditions. This will happen from the time that you enter into this Agreement and it affects your legal rights. The NTC is a legal agreement. It sets out rights and duties in relation to the connection where your network operator delivers electricity to, or accepts electricity from, your home or business. If you want a copy of the NTC or have any questions about it, please contact the Energy Networks Association (www.connectionterms.co.uk).
13. Opting Out of Export
If your Installation can export, you will make a choice about whether to receive the export payment or to sell the exported electricity on the open market. Your decision will be recorded on the Central FIT Register by us. You won’t be able to change your initial choice until at least the first anniversary of your participation in the Ofgem FIT scheme. After that date, you are allowed to change your selection to opt in or out, but just once every 12 months. Your decision to opt-in or opt-out will be recorded on the Central Fit Register.
14. Change of Ownership
- If you’re planning to transfer ownership of the Installation, you must let us know at least 30 (thirty) calendar days before your planned change of ownership and direct them to us so that we can enter into a new agreement the new owner directly. You must also give us a final meter reading on the date ownership changes so that we can pay you any outstanding amounts.
- We will request evidence from the new owner, such as: copy of an ID, proof of address (if applicable) and proof of ownership of the Installation. All documents must contain the new owner’s full name, and we can accept the following documents as proof of ownership:
- law society property information form known as TA10 fixtures and fittings documents for the Installation.
- a letter from solicitor declaring that the Installation was included in the purchase of the property and showing your FULL name. Alternatively, a letter from the previous owner confirming this transfer showing your FULL name;
- in the case of a divorce, proof of ownership can be a copy of the divorce financial agreement or a divorce consent order.
- Should notice not be provided, it could result in any FIT Payments to the new owner being delayed. We will not be responsible to you or the new owner for any delay caused by failure to submit notice within the expected period.
- We will confirm the change of ownership and update the Central FIT Register once Ofgem confirm they have accepted the amendments. Any adjustments will take effect on the date that you tell us the ownership of the Installation changed.
- You are responsible for providing us with an accurate Meter Reading on the date that the ownership of the Generation Unit changes.
- It’s your responsibility to decide ownership of the Installation when you leave the property. If thee ownership of the Installation is altered, then you agree to inform us as outlined above.
- If you leave the property but will still be eligible to receive the FIT Payments, you are responsible for providing us with Meter Readings when requested. It’s your responsibility to confirm that the new occupier of the property will permit our agents safe access to read the meter/s.
You have the right to end this Agreement at any time by notifying us and confirming whether you wish to switch to another FIT Licensee or withdraw from the FIT Scheme.
- If you would like to switch to another FIT Licensee, you will need to apply with your new FIT Licensee so that a switch can be initiated by making the necessary changes to the Central FIT Register. We will then participate in the switching process as necessary in order to enable the switch;
- You will need to provide your new FIT Licensee with a Meter Reading(s) for the switch date. The new FIT Licensee will then confirm the switch on the Central FIT Register and provide us the required Meter Reading(s) for the switch date. A final payment will only be made to you under this Agreement when we have received the final Meter Reading(s);
- Termination will only be complete once the new FIT Licensee has been registered as your FIT Licensee on the Central FIT Register.
All other terminations
- This Agreement will terminate automatically in any of the following circumstances:
- if you cease to be the owner of the Installation;
- if, for any other reason, you cease to be eligible to continue participating in the FIT Scheme in relation to the Installation (for example because your Eligibility Period has expired); and/or
- if at any time we cease to be a FIT Licensee.
- We will also have the right to terminate this Agreement immediately, by informing you that we wish to do so, in the following circumstances:
- if you fail to comply in a significant way with the terms and conditions of this Agreement; and/or
- if at any time it is necessary for us to terminate this Agreement in order to comply with the FIT Scheme Rules and/or any direction given by Ofgem.
- Any termination will not impact any rights which either you or we may have acquired before the date of termination (for example, you claiming FIT Payments for electricity generated prior to the termination date or, us collecting any overpayments made to you after the termination date).
17. So Energy’s Obligations
- As long as you comply with your obligations under this Agreement, we will make payments to you at the times and at the rates described in the payments section of this Agreement;
- We will not impose any obligations on you which are additional to, or more onerous, than those that are necessary to enable us to meet our obligations under the FIT Scheme;
- We will fulfil our obligations under the FIT Scheme as efficiently and expeditiously as possible, so long as we are not prevented from doing so by any act or omission by you;
- We will not discriminate without objective justification in terms of changing Relevant Electricity Supplier or the prices for supply and other charges as between FIT generators and other parties to whom electricity is supplied;
- We will take all reasonable steps to ensure that all the information we provide is complete and accurate, is easily understandable, is not misleading, and is otherwise fair, transparent, appropriate and delivered in a professional manner both in terms of content and in terms of how it is presented (with more important information being given appropriate prominence).
- Subject to section 18.2, the liability of So Energy in contract, tort (including negligence or breach of statutory duty) statute or otherwise arising by reason of or in connection with this Agreement shall be limited in respect of each event or series of connected events to the total payments due from So Energy to the you for all electricity generated as at the date of the event or series of connected events giving rise to such liability. So Energy, its officers, employees or agents, shall not in any circumstances be liable to you for:
- loss of profit, revenues, use, contracts business, or good will, or anticipated savings that fall into this category;
- indirect or consequential loss;
- loss resulting from your liability to any other person, or in any way related to your responsibility and liability for the Installation;
- loss resulting from loss, corruption or damage to any electronically stored data or operating systems; or
- loss in any way resulting from products, equipment, features or other components relating to the Installation.
- Nothing in this Agreement shall exclude or restrict liability of a party for death or personal injury caused by such party’s negligence or for fraud.
- Each of sub-section in this section 18 shall be a separate limitation of liability and shall survive, if for any reason, one or other of these provisions is held inapplicable or unreasonable.
- You acknowledge that So Energy may obtain personal data (as that term is defined by the Data Protection Act 1998) relating to you and the Nominated Recipient in the course of this Agreement. To this end, you acknowledge and agree that you are responsible for, and have obtained all relevant consents from the Nominated Recipient with respect to the disclosure and use of that Nominated Recipient’s personal data which may be required in order for So Energy to fulfil its obligations under the FIT Scheme and as further set out in this section 19.
- You hereby consent to So Energy using your personal data for all purposes connected with this Agreement and pursuant to the operation of the FIT Scheme, and in particular in relation to the following:
- consent for the duration of the this Agreement, for the purposes of advising you of any specifically relevant changes to the FIT Scheme, including but not limited to, changes in the applicable Generation Tariff, Export Tariff or Deemed Export percentage, or in relation to Switching;
- consent for the duration of this Agreement, and after termination of this Agreement until the Eligibility Period has expired, for the purposes of administering, reporting and auditing the FIT Scheme by So Energy;
- consent for the duration of this Agreement, and after termination of this Agreement until the Eligibility Period has expired, where required, in order for So Energy to fulfil its obligations under the FIT Scheme, including but not limited to, the reporting of any claims of fraud against you; and
- consent for the duration of this Agreement, with respect to renewable generation, energy supply and energy related services provided by So Energy, in so far as you have provided your consent for your personal data to be used in this respect.
- You acknowledge that with respect to Switching, So Energy (in our capacity as the incoming or outgoing FIT Licensee), shall be entitled to disclose information (including personal data) relating to you which it has in its possession in respect of the Installation and/or the meters in order to act in accordance with the FIT Scheme.
20. Changes to this Agreement
- Occasionally, we may update this Agreement to ensure it lines up with changes to laws or regulations, or where our business requires a change to this Agreement. We may change the terms of this Agreement at any time and we will give you at least 30 days’ notice before we do.
- You may need to contact us about this Agreement. If you need to contact us for any reason, you may do so by phoning 0330 111 5050, by email on FIT@so.energy, or by writing to us at So Energy, Studio 2 Power Road Studios, 114 Power Road, Chiswick, W4 5PY.
- In certain circumstances we may need you to confirm in writing what you have told us, for example if you have told us that you want someone else to receive your FIT Payments. If this is the case, we will tell you at the time.
- We will be entitled to rely on and act on what you have told us if:
- you sent us a letter or document and your signature appears on the letter or document; or
- you have told us over the phone, and we have satisfied ourselves that we are talking to you.
- If we rely on and act on a notice from you asking us to make future FIT Payments to someone other than you, we will not be responsible if there is any dispute about the person to whom the FIT Payments should have been made
- If we need to serve a notice on you in connection with this Agreement, we will use either your email address or postal address that you have provided to us.
- If you are not 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.
- We will participate in the complaints procedure on disputes in accordance with obligations under the FIT Scheme Rules.
- We may transfer, subcontract, assign or novate any or all our rights and obligations under this Agreement without your consent. This will not affect your rights under this Agreement.
- You may not transfer this Agreement or any of your rights under it without first obtaining our written consent.
- Nothing in this Agreement affects our legal rights or powers. Nothing in this Agreement affects any of your statutory rights that can’t be excluded by law.
- If any part of this Agreement is declared invalid or is void or unenforceable, the validity of the rest of this Agreement will not be affected.
- 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 this Agreement by you.
- The laws of England and Wales apply to this Agreement as appropriate to the location of the property. If the location of the property is in Scotland, the laws of Scotland shall apply.
- This Agreement is personal to you, as the owner of the Installation, and so cannot be transferred by you to anyone else.
Last updated: Thu, 3 Aug, 2023 at 3:33 PMPrint this page
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