Feed-in tariff terms and conditions

This contract is between us, British Gas, and you, our customer. These terms and conditions are for the Feed-in Tariff scheme.

Meaning of words and phrases used in this contract

In this contract, when the following words are shown in bold they have the meanings shown below.

British Gas - British Gas Trading Limited whose registered office is at Millstream, Maidenhead Road, Windsor, Berkshire, SL4 5GD (company number 03078711).

central register - the register kept and maintained by Ofgem which records details of generating equipment registered under the Feed-in Tariff scheme.

electricity network - an electricity distribution system or transmission system regulated by Ofgem.

eligibility date - the date set out in your particulars.

eligibility period - the total period for which you can receive FIT payments as set out in your particulars.

eligible energy source - (a) anaerobic digestion, hydro generating station, solar photovoltaic or wind energy generation sources which have an electrical capacity of 5MW or less; or (b) combined heat and power with an electrical capacity of 2kW or less.

export meter - the meter and equipment for measuring electricity exported to the electricity network by the generating equipment.

export payments - payments made for electricity generated by the generating equipment which is exported back to the electricity network.

Feed-in Tariff scheme - the scheme set out in the Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010.

FIT contract details - a document that we will give you as well as this contract which summarises key information relating to your participation in the Feed-in tariff scheme (which will include details of your generating equipment, your eligibility date and your eligibility period).

FIT price list - the list of our current prices for the Feed-in Tariff scheme, which you can find on our website at www.britishgas.co.uk.

generating equipment - the equipment owned by you which is able to generate electricity from an eligible energy source and which you have identified to us.

generation meter - the meter and equipment for measuring electricity generated by your generating equipment.

generation payment - payments made under the Feed-in Tariff scheme for electricity generated by the generating equipment.

MCS certified - certified under the Microgeneration Certification Scheme.

Ofgem - the Office of Gas and Electricity Markets, who regulate the gas and electricity markets in Great Britain.

licence - the licence that Ofgem gives us to supply electricity.

premises - the property in which the generating equipment is situated.

prohibited grant funding - grant funding from any public authority which was made after 1 April 2010 and which Ofgem determines would mean that payment of FIT payments would be contrary to the law relating to state aid.

Renewable Obligation Certificates - certificates issued under the Renewables Obligation Order 2009.

ROO accredited - accredited under the Renewables Obligation Order 2009 in relation to generating equipment located in England or Wales or the Renewables Obligation (Scotland) Order 2009 in relation to generating equipment located in Scotland.

Working day - any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday.

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1. This contract

1. You confirm that:
   1. you own the generating equipment or the right to receive FIT payments in respect of the generating equipment has been validly assigned to you;
   2. the generating equipment is MCS certified or ROO accredited;
   3. the electricity produced by your generating equipment is measured by a generation meter approved by Ofgem;
   4. you are not registered to receive FIT payments from any other electricity supplier;
   5. you are not claiming Renewable Obligation Certificates in respect of that generating equipment;
   6. you have not received any prohibited grant funding for the installation of the generating equipment; and
   7. the information you have provided to us about your eligibility for the Feed-in Tariff Scheme and your generating equipment is correct.
      
      
2. You will be required to re-confirm the statements you make at clause 1.1 in each year of this contract. We will contact you when required to seek your confirmation.
   
   
3. If the generating equipment is not connected to the electricity network but Ofgem determine that the generating equipment is eligible to participate in the Feed-in Tariff Scheme, by signing this contract you will be making the following declaration:
   
   
4. "I hereby declare that it is my intention to use any and all electricity generated by the generating equipment and that I fully understand that any electricity generated but not so used will not be eligible for FIT payments".
   
   
5. If you do not meet the conditions in clause 1.1, or your situation changes during the eligibility period and you no longer meet the conditions in clause 1.1 or if you fail to provide the confirmation required by clause 2 or if the generating equipment has been suspended from the central register, you will not be eligible to receive FIT payments. You will notify us promptly if you cease to be eligible to receive FIT payments.
   
   
6. You will notify us immediately if any changes are made to the generating equipment (including any extensions or additions). You must also provide to us meter readings from the generation meter and (if applicable) the export meter as at the date the changes were made. If you do not provide meter readings as at the date that changes were made to the generating equipment, you may not receive the correct amount of FIT payments. If you do not notify us of any changes to the generating equipment, the may result in the suspension of your FIT payments.
   
   
7. Your contract with us will start on your eligibility date.
   
   
8. We may update your particulars if your circumstances change or if Ofgem makes changes to your entry in the central register. If your particulars are updated, we will send to you the updated version. If you believe that the information recorded in the central register in respect of the generating equipment is incorrect, you should contact us.
   
   
9. If we are also the supplier of your electricity or gas, this contract shall not alter or have any impact on the terms of the agreement between us and you in relation to the electricity or gas that you purchase from us.

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2. Our commitments to you

1. We will fulfil our obligations to you under the Feed-in Tariff Scheme efficiently and expeditiously.
   
   
2. We will not seek to impose on you any conditions or obligations relating to your rights to receive FIT payments which exceed or are more onerous than those which you are required to fulfil under the rules of the Feed-in Tariff Scheme.
   
   
3. Any charges that we make to you either for the supply of energy (either for gas or electricity or for both) or in relation to the Feed-in Tariff Scheme (if any) will not be unfairly influenced by:
   1. your selection of British Gas as your provider of FIT payments; or
   2. any decision to switch your provider of FIT payments to someone else; or
   3. any decision to switch your energy supplier (either for gas or electricity or for both) to British Gas or away from British Gas.

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3. Our prices and payment

1. The price we will pay you for the electricity generated by your generating equipment is set out in our FIT price list.
   
   
2. You are entitled to FIT payments from your eligibility date but we will not make any FIT payments to you until you have returned the signed contract to us and until the generating equipment is registered on the central register.
   
   
3. We will make FIT payments in accordance with the information held on the central register.
4. You will receive your FIT payments every three months, based upon your latest meter readings provided to us.
   
   
5. We may reduce, withhold or recoup FIT payments if it has been identified that you, we or Ofgem has made an error or if Ofgem reasonably determine that you have abused the Feed-in Tariff Scheme.
   
   
6. If Ofgem notify us that your generating equipment or you have been suspended or removed from the central register we will cease to make any FIT payments until Ofgem notify us that we may recommence.
   
   
7. If you dispute a FIT payment, please contact us as soon as possible and we will work with you to resolve the issue.

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4. Meters and meter readings

1. Unless we specifically agree with you in writing, neither generation meter nor the export meter (if applicable) is our property and we are not responsible for any faults in the generation meter or the export meter (if applicable) or other fitting (including the meter box).
   
   
2. You agree to provide us with accurate readings from the generation meter every three months from the start of this contract. You may provide these readings to us over the telephone or by such alternative methods as we may agree with you.
   
   
3. If you do not provide us with a reading from the generation meter in any three month period, you will not receive your generation payment in relation to that period until you have provided an appropriate reading from your generation meter.

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5. Access to the premises

1. You should ensure that your generation meter and (if applicable) your export meter are accessible and you must allow us or any person authorised by us access to the premises at all reasonable times to inspect and take readings from your generation meter or (if applicable) export meter.
   
   
2. We may check your generating equipment, generation meter and (if applicable) export meter to ensure that the information you have supplied to us is correct. If we find that any of the information which you have supplied to us is not correct:
   
   
   1. this contract may be void and the generating equipment may be suspended or removed from the central register;
   2. if we have made an overpayment of FIT payments we may recover from you the overpayment, including, if necessary, by reducing your subsequent FIT payments;
   3. if we have made an underpayment of FIT payments we will pay the additional amount owed to you in your next FIT payment.
      
      
3. If you refuse to allow us access to your premises on reasonable request you will no longer be entitled to any FIT payment until we have been allowed access to the premises.

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6. Changes to this contract

1. The prices in our FIT price list are subject to change. If this happens we will inform you of any changes in your next payment statement.
   
   
2. We can change the terms of this contract at any time and we will make the changes available online at www.britishgas.co.uk . We will let you know in writing within 65 working days if we make a change.
   
   
3. You must notify us if you change your generating equipment in any way, as this may affect your eligibility to continue in the Feed-in Tariff Scheme, or the price we will pay to you. This change will take effect from the date on which the central register is updated. We will notify you of the change.
   
   
4. If you do not inform us of any change to your generating equipment and the change is later discovered, we will notify Ofgem and they will take appropriate action. Depending on the circumstances, we may withhold, reduce or recoup your FIT payments.

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7. Ending this contract

1. You can end this contract as follows:
   
   
   1. if you are selling the premises or the generating equipment, by notifying us of the date on which the sale will take place and the name of the person to whom you are selling;
   2. if you wish to receive FIT payments from any other electricity supplier, by notifying us and the new electricity supplier;
   3. in any other circumstance, by notifying us of the date on which you wish to leave the Feed-in Tariff Scheme.
2. We will ask you for a reading from your generation meter and (if applicable) your export meter when you end this contract and we will then make arrangements to assist in the transition to your new supplier.
3. We may end this contract immediately if we no longer have the relevant licence to participate in the Feed-in Tariff Scheme.
   
   
4. We may end this contract if Ofgem has established that you have been involved in abuse of the Feed-in Tariff Scheme and has noted this fact in the central register or suspended the generating equipment from the central register or in any other circumstances in which Ofgem indicate that this contract may or should be terminated.
   
   
5. The date on which the contract is terminated will be the date on which the central register is updated.
   
   
6. If this contract ends for any reason, neither of us will lose any rights we already have (for example to claim any money that is owed at the end of the contract).

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8. Assignment of FIT payments

1. If you wish to change the person to whom the FIT payment is made, you must notify us of all relevant details that would be required for us to make FIT payments to the new person (such as name, address, contact telephone number, bank account details and VAT number (if the assignee is registered for VAT,)). You must also provide readings from your generation meter and, if applicable, your export meter as at the date from which you intend the assignment to take effect If we require additional information from you to be able to effect the change, we will notify you and we will effect the change once you have provided the required information.
   
   
2. If you notify us of a change to the person to whom the FIT payment should be made, we shall be entitled to rely on and act upon such notice if:
   
   
   1. we have reasonable grounds to believe that it has been signed by you; or
   2. if it is sent to us from or reasonably appears to have been sent to us from an email or other electronic address associated with your account with us.
      
      
3. If we rely on and act upon a notice from you which satisfies clause 8.2 and we make future FIT payments to the person identified in your notice, we shall not be legally responsible if there is any dispute about the person to whom the FIT payments should have been made.

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9. Sale of premises or generating equipment

1. If you sell the premises or the generating equipment, you must notify us. If you notify us that you have sold the premises or the generating equipment, we shall be entitled to rely on and act upon such notice if:
   
   
   1. we have reasonable grounds to believe that it has been signed by you; or
   2. if it is sent to us from or reasonably appears to have been sent to us from an email or other electronic address associated with your account with us.
      
      
2. If we rely on and act upon a notice from you which satisfies clause 9.1 and we make future FIT payments to someone other than you as a result of your notice, we shall not be legally responsible if there is any dispute about the person to whom the FIT payments should have been made.
   
   
3. If you move out of the premises but wish to retain the right to the FIT payments in respect of the generating equipment, you must agree this with the new occupier. It will remain your responsibility to ensure that readings from the generation meter are submitted in accordance with clause 4.

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10. Export payments

1. If in your application you have opted to receive export payments under the Feed-in Tariff Scheme this clause 10 will apply to you.
   
   
2. You may opt out of export payments by sending us a notice in writing. This notice cannot take effect within the first year of this contract or within a year of you opting in to export payments.
   
   
3. If you have opted out of export payments, you may opt back in by sending us a notice in writing. This notice cannot take effect within a year of you opting out of export payments.
   
   
4. If your generating equipment is not connected to the electricity network you will not be entitled to receive export payments.
5. If your generating equipment has an installed capacity of above 30 kW and is connected to the electricity network , and does not have an export meter you will not be entitled to receive export payments.
6. If your generating equipment has an export meter , you must provide us with accurate readings from the export meter every three months from the start of this contract unless you have opted out of export payments.
   
   
7. If you do not provide us with a reading from the export meter in any three month period, we will not make any export payment to you in that period. If this happens, you will receive your next export payment when you have provided an appropriate reading from your export meter.
   
   
8. If your generating equipment has an installed capacity of below 30 kW, is connected to the electricity network and does not have an export meter , the UK government determines the amount of the electricity generated by your generating equipment which is treated as having been exported to the electricity network . For the period to 31 March 2011, the UK government has set this amount at 50% for all eligible energy sources other than hydro generating stations, and 75% for hydro generating stations. These percentages may be changed by the UK government and if this happens we will inform you in your next payment statement. If your generating equipment has an installed capacity of below 30 kW but does have an export meter , your export payments will be calculated by reference to the readings from your export meter.
   
   
9. If the UK government changes the amounts in clause 10.8 and this affects the amount of export payment you will receive we will notify you.

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11. Our responsibility for loss or damage

1. We accept full legal responsibility if we or our agents kill or injure somebody (or cause somebody to be killed or injured) because we or they have been negligent or if we act fraudulently.
   
   
2. If you suffer and loss or damage, our responsibility to you will be limited to £1 million for each event that causes you loss or, if there are a number of connected events that cause you loss, our responsibility will be limited to £1 million in total for these events.
   
   
3. We will not, under any circumstances, be responsible for:
   
   
   1. any financial loss or damage, for example loss of profit, income, business, contract or goodwill; or
   2. any loss which, when we made this contract with you, we would not reasonably have expected would happen even if we, our employees, subcontractors or agents did not follow these terms and conditions.
      
      
4. Each individual sub clause in this clause 11 applies separately. If a court or other authority tells us we cannot rely on a certain sub clause, the other sub clauses will still apply.

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12. Using personal information

1. We and our agents may use your information to do the following:
   1. provide you with the services you have asked us for (which may include loyalty and incentive schemes we may run from time to time);
   2. offer you accounts, services and products from time to time from us or our partners. To help us make these offers we may use an automated scoring system, which also uses information from credit-reference agencies as well as other companies;
   3. help run, and contact you about improving the way we run, any accounts, services and products we have provided before, now or in the future;
   4. create statistics, test computer systems, analyse customer information, create profiles and create marketing opportunities (including using information about your generating equipment and the electricity you generate);
   5. help prevent and detect debt, fraud and loss;
   6. help train our staff; and
   7. contact you in any way (including by e-mail, phone, text or multimedia message or other forms of electronic communications (such as a message through your smart meter) or by visiting you) about products and services we and our selected partners are offering.
      
      
2. We and our agents and Ofgem may also use your information for the purpose of administering, reporting and auditing the Feed-in Tariff Scheme.
   
   
3. We may also monitor and record any communications we have with you, including phone conversations and e-mails, to make sure we are providing a good service and meeting our regulatory and legal responsibilities.
   
   
4. When we contact you, we may use any information we hold about you to do so. So we may contact you by e-mail, phone, text message, other forms of electronic communications (such as using smart meters) or by visiting you. If we are contacting you to tell you about any offers, we will, as far as possible, do this in line with how you have told us you would prefer to receive marketing information (your recorded marketing preferences). You ask us not to send you any information on our offers at any time by contacting us and giving us your account details.
   
   
5. We may allow other people and organisations to use information we hold about you, (including other Centrica Group companies such as those using the British Gas, Scottish Gas and Dyno Group brands):

5.  
   1. to provide services you have asked for, which may include providing information to members of your family or household, anyone acting on your behalf or other people who may be interested (such as landlords or letting agents);
   2. as part of the process of selling one or more of our businesses;
   3. to help to prevent and detect debt, fraud, or loss (for example by giving this information to a credit-reference agency), which is described in more detail in clause 12.9 below;
   4. if you owe us money under this contract and do not pay your debt, we may transfer your debt to another organisation and give them details about you and that debt;
   5. if we have been asked (for example by Ofgem or a lawyer) to provide information for legal or regulatory purposes;
   6. as part of current or future legal action;
   7. as part of government data-sharing initiatives, for example, those designed to help stop fuel poverty (where people cannot afford to pay for heating and electricity);
   8. to help manage any loyalty or rewards schemes; or
   9. if you hold an insurance policy with us, to pass information to an insurer to manage your insurance policy (including underwriting and claims, to help develop new services and to assess financial and insurance risk).

From time to time these other people or organisations may be outside the European Economic Area (EEA), and as a result we may pass your information to countries that do not have the same standards or protection for personal information as the UK.

6. If we suspect someone has committed fraud or provided misleading information including where we suspect tampering with the generating equipment or the generation meter or export meter , diverting the energy supply from the generating equipment or disconnected the generating equipment from the electricity network without notifying us, we will record these details on your account record and may share this information with Ofgem and other people who are interested (such as other energy suppliers, landlords and housing associations). We may use this information to make decisions about you, your character and how likely we think you are able to pay for the gas or electricity (or both) that you import and future energy services. This may include recording sensitive personal information such as criminal offences you have been accused of. Also, if the gas or electricity supply to your property has previously been tampered with, or if gas or electricity has been stolen, or we suspect it has been stolen, we may take this into account when we decide what products or services we can offer you and the terms and conditions we give you.
   
   
7. If you are switching to British Gas from an alternative provider of FIT payments, you agree that we can ask your previous supplier of FIT payments for information that will allow us to take over the provision of your FIT payments, such as information about meter readings and equipment or any amounts you owe your previous supplier under the Feed-in Tariff Scheme. You agree that we can provide information we hold about you (such as information about meter readings, equipment or money you owe us) to your new supplier of FIT payments so they can begin providing your FIT payments.
   
   
8. If we believe that you (or a member of your household) need extra care (for example, because of your age, health, disability or financial circumstances), we may record this in the information we hold about you. We may use this information to help avoid interruptions to the supply of electricity or gas (or both) which you import. We may share your information with:
   1. social services, charities, health-care and other support organisations, if we believe at any time that they may be able to help you, or the other members of your household, by making sure there is a gas or electricity supply to your home;
   2. other energy suppliers if we believe you are considering changing supplier (we assess which customers need extra care and record and share this information in line with the Energy Retail Association 'safety net procedures'); and
   3. the relevant gas transporter, metering agents or network operator.
      
      
9. We may check your details with one or more credit-reference and fraud-prevention agencies to help us make decisions about your ability to make any payments that you owe to us and the goods and services we can offer you. Below, we have given a brief guide to how we, the credit-reference and fraud-prevention agencies will use your information. If you would like more information about this, you can find the full version at www.britishgas.co.uk/termsandconditions . Or, phone us on 0800 048 0202 and we will send you a leaflet.

9.  
   1. We may search at credit-reference and fraud-prevention agencies for information about you and all the people you are applying with. If you are providing information about other people on a joint application, you must make sure they agree that we can use their information to do this. If you give us false or inaccurate information and we suspect fraud, we will pass your details to credit-reference and fraud-prevention agencies. Law-enforcement agencies (such as the police and HM Revenue & Customs) may receive and use this information.
      
      
   2. We and other organisations may also access and use information about you that credit-reference and fraud-prevention agencies give us to, for example:
      • check details on applications you make for credit and credit-related services;
      • check your identity;
      • prevent and detect fraud and money laundering;
      • manage credit and credit-related accounts or services;
      • recover debt;
      • check details on proposals and claims for all types of insurance; and
      • check details of employees and people applying for jobs with us.
        
        
   3. When credit-reference agencies receive a search from us, they will record this on your credit file whether your application is successful or not.
      
      
   4. We may send information on your accounts with us to credit-reference agencies and they will record it. If you have an account with us, we may give details of it and how you manage it to credit-reference agencies. If you have an account and do not repay money you owe in full or on time, credit-reference agencies will record this debt. They may give this information to other organisations and fraud-prevention agencies to carry out similar checks, find out where you are and deal with any money you owe. The credit-reference agencies keep records for six years after your account has been closed, you have paid the debt or action has been taken against you to recover the debt.
   5. We and other organisations may access and use, from the UK and other countries, information recorded by fraud-prevention agencies.
      
      
   6. If you want to see what information credit-reference and fraud-prevention agencies hold about you, you can contact the following agencies currently working in the UK. The information they hold may not be the same, so it is worth contacting them all. They will charge you a small fee.

Call Credit
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ
Phone: 0870 060 1414
Website: www.callcredit.co.uk

Experian
Consumer Help Service
PO Box 8000
Nottingham
NG80 7WF
Phone: 0844 481 8000
Website: www.experian.co.uk

Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
Website: www.myequifax.co.uk

10. If you give us information on behalf of someone else, you confirm you have given them the information set out in this document, and that they have given permission for us to use their personal information in the way we have described in clause 12. If you give us sensitive information about yourself or other people (such as health details or details of any criminal convictions of members of your household), you agree (and confirm that the person the information is about has agreed) that we can use this information in the way set out in this document.
    
    
11. You are entitled to have a copy of the information we hold on you, and to have any inaccurate information corrected. We may charge you a small fee for providing a copy of any information we hold about you. For more information about this, please contact our Privacy Unit at:

11.  
    • Lakeside West
      30 The Causeway
      Staines
      TW18 3BY.
      Or, you can e-mail CentricaDataProtection@Centrica.com.

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13. Complaints

1. If you have any question, comment or complaint we encourage you to contact us as soon as possible to discuss. If we are unable to resolve your complaint we will comply with the dispute resolution procedure relating to the Feed-in Tariff Scheme, details of which are available on our website at www.britishgas.co.uk/complaints

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14. General terms and conditions

1. The laws of England and Wales or Scotland apply to this contract, depending on where the generating equipment is.
   
   
2. If, at any time, you do not keep to any part of this contract and we do not respond, this does not mean that we will not take action in the future.
   
   
3. If a court or other authority (such as Ofgem) tells us a part of this contract is not valid, the rest of the contract will not be affected.

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