ScottishPower Connect Service Terms & Conditions

Summary of Key Terms

  • Price and Payment: The Customer can select from two payment arrangements, described in paragraph 4.3. If the Customer chooses to make an Advance Payment, the Customer will pay a reduced monthly payment for the Connect Services.
  • Minimum Contract Term: 24 months as described in paragraph 5.
  • Customer's Right to Cancel: the Customer can cancel the contract at any time during the Cancellation Period described in paragraph 9 or prior to the installation of the Connect Hub, as described in paragraph 10. No termination fee is payable in these situations.
  • Return of the Hub: if the Customer cancels the Agreement during the Cancellation Period described in paragraph 9 following installation of the Connect Hub and where there is no defect in the Connect Hub the Customer will be responsible for the removal and return of the Connect Hub and the re-installation of the original heating control, The Customer should ensure this is carried out by a properly qualified engineer (see paragraph 12.1.1).
  • Termination Fee: a termination fee will be payable by the Customer if the Customer terminates without reason prior to the end of the Minimum Term (see paragraph 6.1.1), or if the Company terminates for breach of this Agreement by the Customer (see paragraphs 6.5, 7.1 and 7.2).
  • Heating Insurance/Support and Other Agreements: it is the Customer's sole responsibility to check whether entering into this Agreement, receiving the Connect Hub or receiving the Connect Service will limit or exclude the Customer's rights under any agreements the Customer has entered into with third parties, including without limitation any central heating or boiler insurance/support agreements or any warranties in relation to the Customer's heating system and controls (Clause 15).
  • Removal of Connect Hub: if in any circumstances the Customer wishes to remove the Connect Hub the Customer should ensure this is carried out by a properly qualified engineer.

Terms with a capital letter are defined in the Glossary at the end of these terms and conditions.

PART 1 - CONNECT SERVICE AND INSTALLATION OF THE CONNECT HUB

1 THE CONNECT HUB AND THE CONNECT SERVICE

1.1 These terms and conditions (the "Agreement") set out the basis upon which you (the "Customer") and the Company agree that you will receive, and the Company will provide, the Connect Service during the Agreement Term.

1.2 The Connect Hub shall be provided free of charge to facilitate the provision of the Connect Service. The Connect Hub shall be of satisfactory quality and fit for its intended purpose.

2 INSTALLATION OF THE CONNECT HUB

2.1 Once you have placed an Order, the Company shall install the Connect Hub at the Customer's Home at a time agreed between the Customer and the Company. The Company may arrange for the installation to be carried out by a sub-contractor approved by it. All sub-contractors are fully qualified and carry identification cards.

2.2 The Company (or its sub-contractor) will provide the Customer with the operating instructions at the time of installation.

2.3 The Company will arrange a date to deliver and install the Connect Hub at the Customer's Home as soon as practical following the Order Date. The Customer will receive a telephone call, letter or e-mail from the Company (or its sub-contractor) confirming the installation date 2 within 5 Working Days of the Order Date. If the installation date is not suitable for the Customer, the Customer shall contact the Company to arrange a suitable alternative installation date

2.4 The Customer agrees that it shall provide the Company (or its sub-contractors) with reasonable access to the Customer's Home to install the Connect Hub. If the Company has made at least two attempts to arrange installation or carry out installation but has been unable to do so then the Company reserves the right to terminate this Agreement. If this is the case, the Company will give the Customer Notice and will promptly refund any Advance Payment and other payments paid by the Customer and cancel the direct debit payments.

2.5 If the Customer is tenant, the Customer may need to get their landlord's permission prior to the installation of the Connect Hub. Unless the Customer informs the Company otherwise, the Company will assume that the Customer has made enquiry and obtained permission where required. The Company shall not have any liability for unauthorised works and the Customer will be responsible for any costs or expenses howsoever arising that incurred by the Company due to the Customer's failure to obtain such permission.

2.6 The Customer acknowledges that if it requires the Connect Hub to be removed for any reason during the Agreement Term or following termination of the Agreement, the original heating controls will require to be reinstalled. The Customer shall retain its original heating control following installation of the Connect Hub for this purpose.

3 EXCLUSIONS

3.1 RESTRICTIONS ON INSTALLATION

3.1.1 The Connect Service is only available in Great Britain (excluding Northern Ireland).The Company may not be able to provide the Connect Hub and the Connect Service in some locations in Great Britain. If this is the case, the Company will notify the Customer prior to the completion of the Order, the Order will be declined and this Agreement will not come into effect. If the Order is accepted in respect of an area where the Company does not provide the Connect Service the Company will give the Customer Notice to terminate this Agreement and will promptly refund any Advance Payment and other payments paid by the Customer and cancel the direct debit payments.

3.1.2 Before installing the Connect Hub, the Company may find that reception cannot be obtained at the Customer's Home due to the location of the Connect Hub in the Customer's Home, or the reception available in the Customer's area. If this is the case, the Company will give the Customer Notice and will promptly refund any Advance Payment and other payments paid by the Customer and cancel the direct debit payments.

3.2 SUITABILITY OF CUSTOMER'S HEATING SYSTEM

3.2.1 The Customer must ensure that there is an adequate gas supply and a compatible gas central heating system installed in the Customer's Home.

3.2.2 The Connect Service is compatible with most types of standard gas central heating systems. However, the provision of the Connect Service will be subject to limitations where the Customer has the following types of central heating systems installed:

3.2.2.1 Storage Heating
(a) this type of heating does not have an existing programmer, therefore this will not qualify as a standard Connect Hub installation; and
(b) the "Boost" function of the Connect Service will not be appropriate, as this type of heating must be charged in advance.3

3.2.2.2 Geo-Thermal / Under floor Heating
(a) the "Boost" function of the Connect Service will not be appropriate, as this type of heating must be charged in advance; and
(b) this type of heating automatically switches on and off depending on external temperatures and installing the Connect Hub may affect its operation. The Company will notify the Customer at the point of installation as to any limitation in the functionality of the Connect Service. The Customer shall be entitled to cancel this Agreement in accordance with paragraph 9.

3.2.3 Before or during the installation of the Connect Hub, the Company may find that the Customer's heating system is not compatible with the Connect Hub and/or the supply of the Connect Services. If this is the case, the Company will give the Customer Notice to terminate this Agreement and will promptly refund any Advance Payment and other payments paid by the Customer and cancel the direct debit payments.

4 THE CONNECT SERVICE CHARGES

4.1 The Connect Hub shall be provided by the Company to the Customer free of charge. The Customer will own the Connect Hub once it has been installed at the Customer's Home.

4.2 The Customer shall make a monthly direct debit payment in respect of the Connect Service Charges to the Company in return for the provision of the Connect Services for so long as the Agreement continues.

4.3 The Customer can select from two payment options, which will be offered to the Customer during the Order process, prior to the completion of the Customer's Order for the Connect Services:

4.3.1 Option 1 - Advance Payment - The Customer can choose to pay for a proportion of the Connect Services in advance, in order to reduce their monthly Connect Service Charges. If the Customer chooses this option, an amount specified at the time of the Order shall be payable in advance by the Customer by credit or debit card on the Order Date ("Advance Payment"). If the Customer chooses to pay this Advance Payment, the monthly Connect Service Charges will be as specified at the time of the Order.

4.3.2 Option 2 - No Advance Payment - The Customer can choose not to make an Advance Payment for their Connect Service. If the Customer chooses this option, the monthly Connect Service Charges will be as specified at the time of the Order.

4.4 During the Order process for the Connect Service, the Customer shall set up a monthly direct debit for the Connect Service Charges. The date on which the direct debit shall be applied each month shall be agreed between the Customer and the Company. Following the expiry of the Minimum Term, the Customer will continue to pay the relevant Connect Service Charges until the Agreement is terminated.

4.5 The Connect Service Charges are inclusive of VAT. However, if the rate of VAT changes during the Agreement Term, the Company will adjust the Connect Services Charges in accordance with the change in the applicable VAT rate.

5 TERM OF THIS AGREEMENT

5.1 This Agreement shall commence on the Order Date and shall continue for a minimum period of twenty four (24) months from the date of the Customer's first direct debit payment ("Minimum Term"), unless ended earlier in accordance with this Agreement. The Connect Service shall commence on the date of installation of the Connect Hub.

5.2 Prior to the end of the Minimum Term, the Company will contact the Customer to inform them that the Minimum Term is due to expire and that either (i) the Agreement will continue on a rolling month-to-month basis and the Customer will continue to pay the relevant Connect Service Charges which the Company will notify to the Customer; or (ii) the Company will transfer the Customer to a similar service to the Connect Service. The Customer shall be entitled to terminate the Agreement prior to any such change in accordance with paragraph 6.1 and no Termination Fee shall be payable.

5.3 The "Agreement Term" includes the Minimum Term and any period during which the Agreement continues following the expiry of the Minimum Term in accordance with this paragraph. PART 2 - TERMINATION OF THE CONNECT SERVICES AGREEMENT

6 TERMINATION BY EITHER THE CUSTOMER OR THE COMPANY

6.1 NOTICE TO TERMINATE

6.1.1 The Customer may terminate the Agreement during the Agreement Term by providing 30 days Notice to the Company. If the Customer terminates the Agreement by giving Notice during the Minimum Period, a Termination Fee will be payable.

6.1.2 The Company may terminate this Agreement at any time with effect following the expiry of the Minimum Term by providing not less than 30 days Notice to the Customer.

6.1.3 The Company may terminate this Agreement at any time with effect prior to the expiry of the Minimum Term by providing 30 days Notice to the Customer. If the Company terminates the Agreement with effect prior to the end of the Minimum Term and the Customer has made an Advance Payment, the Company shall refund such Advance Payment on a pro-rata basis.

6.2 CUSTOMER MOVING HOME

6.2.1 If the Customer moves home at any time during the Agreement Term, the Customer agrees to provide Notice to the Company at least twenty-one (21) days in advance. Either the Customer or the Company may terminate this Agreement with immediate effect by providing Notice to the other Party if the Customer is moving home, such Notice to be provided within thirty (30) days of the Customer's Notice that it is moving home. No Termination Fee will be applied in these circumstances. If the Customer has made an Advance Payment, the Company shall refund such Advance Payment on a pro-rata basis.

6.2.2 The Customer shall be entitled to continue to use the Connect Services at their new home provided that the Customer shall be responsible for the removal of the Connect Hub and its reinstallation at their new home. The Customer should ensure this is carried out by a properly qualified engineer. The Company shall not be liable for any fault or limitation in the Connect Service resulting from the relocation of the Connect Hub.

6.3 DESTRUCTION OF OR SEVERE DAMAGE TO THE CUSTOMER'S HOME If the Customer's Home is destroyed or is severely damaged in such a way that seriously impacts on the Customer's ability to receive the Connect Services during the Agreement5 Term then either the Customer or the Company may terminate this Agreement immediately in these circumstances by providing Notice to the other Party and no Termination Fee will be applied. Where the Customer has chosen to pay the Advance Payment and the Agreement is terminated under this paragraph 6.3 during the Minimum Period, the Company shall refund to the Customer the Advance Payment on a pro rata basis.

6.4 EVENT OUTSIDE THE COMPANY'S CONTROL The Customer or the Company may terminate this Agreement due to an Event Outside the Company's Control under paragraph 21. No Termination Fee will be applied in these circumstances.

6.5 BREACH OF THE TERMS OF THIS AGREEMENT This Agreement may be terminated by either Party providing Notice to the other Party if the other Party commits a significant breach of this Agreement. A Termination Fee will be applied if the Company has terminated due to a significant breach by the Customer.

7 TERMINATION BY THE COMPANY

7.1 DIRECT DEBIT PAYMENT DEFAULT

7.1.1 If the Customer fails to:
(a) make a direct debit payment for the Connect Services Charges when it falls due, on two or more occasions; or
(b) if a direct debit cannot be set up for the Customer, the Company shall provide a Notice to the Customer informing the Customer of this and giving the Customer a period fourteen (14) days for the Customer to remedy the payment default.

7.1.2 If the Customer does not arrange payment within fourteen (14) days of receiving a Notice in accordance with paragraph 7.1.1 above, the Company may:
(a) terminate this Agreement immediately and will notify the Customer of such termination in writing; and
(b) apply a Termination Fee if the Connect Hub has been installed.

7.2 ABNORMAL USAGE OF THE CONNECT SERVICE If the Company knows or reasonably suspects that:
(a) the Connect Service is being used for purposes other than use of the Connect Hub solely for its purpose as a domestic heating controller, including (without limitation) any commercial, business or re-sale purpose;
(b) the Connect Hub SIM card has been removed from the Connect Hub or the Connect Hub SIM card is being used for any purpose other than controlling the Connect Hub remotely; or
(c) the Customer's usage of the remote control functionality of the Connect Hub is unreasonably excessive;
then the Company shall notify the Customer as soon as reasonably practicable and the Company shall be entitled to:6
(i) suspend the provision of the Connect Services with immediate effect; or
(ii) terminate this Agreement with immediate effect and apply a Termination Fee.

8 TERMINATION FEE

8.1 The "Termination Fee" will be the sum of the total Connect Service Charges due for the remainder of the Minimum Term, calculated from the effective date of termination and then reduced by the Company to reflect that it will receive the payment in advance of when it would otherwise have been paid. For example, if the Agreement is terminated in month 15, the Termination Fee will be calculated as the sum of the Connection Service Charges payable for the remaining 9 months of the Minimum Term and then reduced by the Company to reflect that it will receive the payment in advance of when it would otherwise have been paid.

8.2 Where the Customer has chosen to pay the Advance Payment and the Agreement is terminated during the Minimum Period, the Company shall deduct from the Termination Fee a sum equal to the proportion of the Advance Payment which relates to the unexpired months of the Minimum Period as at the date of termination.

8.3 The Termination Fee will only be payable where:
(a) the Customer terminates the Agreement on Notice before the end of the Minimum Term under paragraph 6.1.1;
(b) the Company terminates this Agreement for a significant breach of this Agreement under paragraph 6.5;
(c) the Company terminates this Agreement for payment default under paragraph 7.1;
(d) the Company terminates this Agreement for abnormal usage of the Connect
Service under paragraph 7.2.

8.4 Where a Termination Fee is applied, the Termination Fee will be payable by the Customer within thirty (30 calendar days of the date on which the Agreement is terminated.

PART 3 - CANCELLATION

9 CUSTOMER'S CANCELLATION AND REFUND RIGHTS

9.1 The Customer has a legal right to cancel this Agreement and receive a refund of any Advance Payment paid during the Cancellation Period (defined below). This means that during the Cancellation Period, if the Customer for any reason decides it does not wish to receive the Connect Services, the Customer may give Notice to the Company of its decision to cancel this Agreement. Advice about legal rights to cancel the Agreement is available from your local Citizens' Advice Bureau or Trading Standards office.

9.2 The "Cancellation Period" runs from the Order Date until fourteen (14) calendar days after the date of delivery of the Connect Hub to the Customer.

9.3 If the Customer cancels the Agreement, for any reason, during the Cancellation Period, the Company shall:

9.3.1 refund any Advance Payment, if applicable, and any other sums paid by the Customer, including any Connect Service Charges;7

9.3.2 cancel the Customer's direct debit for the payment of the Connect Service Charges; and

9.3.3 no Termination Fee will be payable.

9.4 If the Customer cancels the Agreement, for any reason, during the Cancellation Period, the Customer will be responsible for arranging for the removal of the Connect Hub (if it has been installed) and the return of the Connect Hub to the Company (at the Customer's expense). The Customer should ensure this is carried out by a properly qualified engineer .The Company, at its option, shall be entitled to remove the Connect Hub at a time agreed with the Customer and the Customer will provide access to their home to allow for such removal.

10 CANCELLATION BY THE CUSTOMER PRIOR TO INSTALLATION

10.1 The Customer has a right to cancel the Agreement for any reason before the Connect Hub has been installed.

10.2 If the Customer cancels before the Connect Hub has been installed (either during or after the Cancellation Period), the Company shall:

10.2.1 refund any Advance Payment, if applicable, and any other sums paid, including any Connect Service Charges;

10.2.2 cancel the Customer's direct debit for the payment of the Connect Service Charges; and

10.2.3 no Termination Fee will be payable.

10.3 If the Customer cancels the Agreement, for any reason, prior to the installation of the Connect Hub, the Customer will be responsible for arranging for the return of the Connect Hub to the Company (at the Customer's expense).

11 CANCELLATION BY THE COMPANY PRIOR TO INSTALLATION

11.1 If the Company does not receive access on two or more occasions to the Customer's Home to install the Connect Hub, or if the Customer does not respond to reasonable attempts by the Company to contact the Customer, the Company reserves the right to terminate this Agreement immediately, and will notify the Customer in writing.

11.2 If the Company terminates the Agreement under this paragraph the Company shall:

11.2.1 refund any Advance Payment, if applicable, and any other sums paid, including any Connect Service Charges; and

11.2.2 cancel the Customer's direct debit for the payment of the Connect Service Charges.

12 CUSTOMER'S OBLIGATIONS ON CANCELLATION OR TERMINATION

12.1 CANCELLATION

12.1.1 Unless the Connect Hub and/or the Connect Service is defective (in which case paragraph

12.4 below applies), if the Customer cancels the Agreement during the Cancellation Period or prior to installation of the Connect Hub:
(a) the Customer will be responsible for arranging for the removal of the Connect Hub and the return of the Connect Hub to the Company (at the Customer's expense); and
(b) any re-installation of the original heating control shall be arranged and completed by the Customer at the Customer's expense.

12.2 If the Agreement is terminated other than during the Cancellation Period or prior to installation of the Connect Hub then the Customer shall be under no obligation to return the Connect Hub to the Company. However, if the Company cancels the Agreement under paragraph 7.1.1(b) because the Customer's direct debit cannot be set up and the Connect Hub has not been installed then the Customer will be responsible for arranging for the return of the Connect Hub to the Company (at the Customer's expense) in which case no Termination Fee shall be payable.

12.3 If the Customer returns the Connect Hub, the Connect Hub must be packed securely and appropriately. The Customer may wish to keep a copy of the Customer's cancellation Notice and the Company's confirmation of receipt of the cancellation Notice.

12.4 CANCELLATION DUE TO DEFECTIVE CONNECT HUB AND/OR CONNECT SERVICES

12.4.1 If a Defect arises in relation to the Connect Hub and/or the Connect Services within thirty (30) days of the date on which the Connect Hub is installed, in addition to its rights to request that the defective Connect Hub and/or Connect Services are repaired or replaced (as described in paragraph 17.2), the Customer shall be entitled to cancel this Agreement. The Customer shall be entitled to cancel this Agreement if at any time it has requested repair or replacement to the Defective Connect Hub and the Connect Hub still does not meet the requirements of this Agreement.

12.4.2 If the Customer cancels this Agreement due to a Defect in the Connect Hub and/or the Connect Services, the Company shall:
(a) be responsible for the costs of the Customer returning the Connect Hub to the Company;
(b) refund any Advance Payment, if applicable, and any other sums paid, including any Connect Service Charges;
(c) cancel the Customer's direct debit for the payment of the Connect Service Charges;
(d) not apply a Termination Fee; and
(e) arrange the re-installation of the Customer's original heating control or an equivalent control at the Company's expense.

13 EFFECT OF TERMINATION OF THIS AGREEMENT

13.1 Termination of this Agreement shall not affect the provisions of any paragraphs which are expressly or are implied to continue after such termination or expiry, including without limitation the obligations provided under paragraph 20 (Liability) and paragraph 23 (Other Important Terms).

13.2 On termination of the Connect Service, unless the Connect Hub has been returned to the Company, the Customer will be able to control their central heating manually using the Connect Hub but the remote access and control functionality will no longer be available.

13.3 The termination of this Agreement shall be without prejudice to any rights to which a Party is entitled prior to the termination of this Agreement

14 REFUNDS

Any refund payments payable by the Company under this Agreement may take up to thirty (30) days to be paid to the Customer, except where this Agreement is cancelled during the Cancellation Period in which case any refunds will be given within fourteen (14) days of the date on which the Company is notified of the cancellation.

15 HEATING INSURANCE AND OTHER AGREEMENTS

15.1 The Customer acknowledges and agrees that it is the Customer's sole responsibility to check whether entering into this Agreement, receiving the Connect Hub or receiving the Connect Service will limit or exclude the Customer's rights under any agreements the Customer has entered into with third parties, including without limitation any central heating or boiler insurance/support agreements or any warranties in relation to the Customer's heating system and controls.

15.2 The Company shall have no responsibility or liability to the Customer if any warranties in relation to the Customer's heating system, heating system controls or the Customer's Home become void or otherwise become unenforceable in any way as a result of the installation of the Connect Hub, the provision of the Connect Services or otherwise as a result of the Customer entering into this Agreement.

16 OWNERSHIP AND RISK OF DAMAGE TO THE CONNECT HUB

16.1 The Customer will own the Connect Hub once it has been installed at the Customer's Home, and shall be solely responsible for any damage caused to the Connect Hub (except where such damage is due to a Defect in the Connect Hub).

17 INSTALLATION AND MAINTENANCE

17.1 Using reasonable skill and care, the Company shall:

17.1.1 disconnect and remove the boiler heating controller currently installed at the Customer's Home;

17.1.2 install and commission the Connect Hub at the Customer's Home so that it is able to operate and control the Customer's central heating system (which may include the supply and installation (at no extra charge) of a booster aerial so that the Connect Service can operate);

17.1.3 provide the Customer with the Connect Service for the Agreement Term using reasonable skill and care.

17.2 Where the Customer has provided Notice to the Company that a Defect has arisen relating to the Connect Hub, the Company will repair and remedy the relevant Defect free of charge for the duration of the Agreement Term, or replace the Connect Hub if the material defect is incapable of repair.

17.3 The Customer shall give Notice to the Company as soon as reasonable after the Customer becomes aware that the Connect Hub is damaged or stops working.

17.4 The Company's obligation to repair and remedy material defects relating to the Connect Hub does not extend to:

17.4.1 any faults to the heating system or any appliances; or

17.4.2 any damage caused to the Connect Hub relating to the Customer's negligence or failure to use the Connect Hub in accordance with paragraph 18 below (Permitted Use of Connect Hub) and any instructions for use issued to the Customer.

17.5 The Customer acknowledges and agrees that from time to time the Company may, acting reasonably, need to make the Connect Service unavailable in order to carry out maintenance or implement updates in order to improve Customer's user experience. The Company will use reasonable endeavours to minimise any such interruptions in the Connect Service.

18 PERMITTED USE OF THE CONNECT HUB

18.1 The Customer shall:

18.1.1 use the Connect Hub solely for its purpose as a domestic heating controller and shall not use the Connect Hub for any commercial, business or re-sale purpose;

18.1.2 at all times operate the Connect Hub in accordance with all operating instructions and manuals provided by the Company;

18.1.3 not without the Company's prior written consent make or cause or permit to be made any modification, alteration or addition to the Connect Hub;

18.1.4 not reverse engineer, open or tamper with the Connect Hub;

18.1.5 not remove the Connect Hub SIM card or use the Connect Hub SIM card for any other purpose than controlling the Connect Hub remotely;

18.1.6 not remove the Connect Hub from the Customer's Home; and

18.1.7 notify the Company as soon as practicable upon becoming aware that any part of the Connect Hub is damaged or the Connect Service is not operating properly.

19 NOTICES

19.1 Where the Customer is required to give notice to the Company under this Agreement, including a notice to terminate or to cancel the Agreement, the Customer can give notice by:

19.1.1 sending a letter to The Data Protection Officer, ScottishPower, 320 St Vincent Street, Glasgow G2 5AD or

19.1.2 contacting the Company at its Customer Services telephone line 08000 015136.

19.2 Where the Company is required to give notice to the Customer, the Company shall give notice by e-mail or letter.

20 LIABILITY

20.1 Subject to paragraph 20.2, if the Company fails to comply with this Agreement, the Company shall be responsible for loss or damage the Customer suffers that is a foreseeable result of the Company's breach of this Agreement or the Company's negligence, provided that:

20.1.1 the Company shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it were an obvious consequence of the Company's breach of this Agreement or if it were contemplated by the Parties at the time the Parties entered into this Agreement; and

20.1.2 the Connect Hub and the Connect Service are provided solely for the Customer's domestic and private use in accordance with paragraph 18 and the Company shall have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

20.2 Nothing in this Agreement shall exclude or limit either Party's liability for:
(a) death or personal injury caused by negligence or the negligence of the Company's employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; and11
(c) any other liability to the extent such liability cannot by excluded by law including without limitation the Customer's rights under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.

21 EVENTS OUTSIDE THE COMPANY'S CONTROL

21.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by an Event Outside the Company's Control.

21.2 An "Event Outside the Company's Control" means any act or event beyond the Company's reasonable control, including without limitation floods, storms, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war or other hostilities, subsidence, acts or restraints of governments, epidemic or other natural disaster, or failure of public or private telecommunications networks, including broadband, Wi-Fi and SMS services.

21.3 If an Event Outside the Company's Control takes place that affects the performance of Company's obligations under this Agreement:
(a) the Company will contact the Customer as soon as reasonably possible after the Company becomes aware of the relevant Event Outside the Company's Control;
(b) the Company's obligations under this Agreement will be suspended and the time for performance of the Company's obligations will be extended for the duration of the Event Outside the Company's Control.

21.4 Where the Event Outside the Company's Control affects the Company's delivery of the Connect Hub to the Customer, the Company will arrange a new delivery date with the Customer after the Event Outside the Company's Control is over. If the Event Outside the Company's Control delays the delivery date of the Connect Hub for a period of more than 4 weeks from the date that the Customer is notified of such event by the Company, either the Company or the Customer may terminate this Agreement by providing Notice to the other Party. In these circumstances, the Company shall refund any Advance Payment paid and any monthly Connect Service Charges, and shall cancel the Customer's direct debit. No Termination Fee will be payable.

21.5 Where the Event Outside the Company's Control affects the Connect Services after the Connect Hub has been installed, either Party may terminate this agreement by giving Notice to the other Party if the Event Outside the Company's Control continues for a period of more than 4 weeks from the date that the Customer is notified of such event by the Company. In these circumstances, the Company will only refund any Connect Services Charges which have been paid in respect of the Connect Services which have been affected during the Event Outside the Company's Control and shall cancel the Customer's direct debit. The Company shall not refund the Connect Service Charges which have been paid in respect of Connect Services delivered in accordance with the terms of this Agreement prior to the occurrence of the Event Outside the Company's Control. Where the Customer has chosen to pay the Advance Payment and the Agreement is terminated under this paragraph 21.5 during the Minimum Period, the Company shall pay to the Customer a sum equal to the proportion of the Advance Payment which relates to the unexpired months of the Minimum Period as at the date of termination.

22 PERSONAL DATA

22.1 The information the Customer provides to the Company or its agents or contractors or which the Company otherwise hold relating to the Customer may be used by the Company and/or given to and used by other companies in the Company's group of companies, our agents and/or our contractors for the purposes set out in this paragraph 22.12

22.2 The Customer's information may be used:
(a) to identify the Customer when the Customer makes enquiries or to contact the Customer by mail, telephone, e-mail, SMS text or other electronic means;
(b) to help administer any accounts, services and products provided by the Company's group of companies now or in the future;
(c) for market research and analysis carried out by or on behalf of the Company or for demonstrating and testing the Company's computer systems;
(d) to help the Company other companies in the Company's group of companies, its agents and/or our contractors to detect debt, fraud or loss;
(e) so that the Company can identify offers tailored to the Customer's needs including but not limited to, tailored energy efficiency advice;
(f) so that the Company can inform the Customer about services and products which may be of interest to the Customer (if the Customer has consented to the Company doing so), including by email, phone SMS text or other forms of electronic communications; and
(g) for all purposes reasonably ancillary to any of those purposes. The Company may also transfer the Customer's data to countries out with the EEA (European Economic Area) for the purposes of managing the Customer's account, for the provision of the Company's services and products to the Customer and for marketing purposes.

22.3 The Company may monitor and/or record communications with the Customer (including telephone conversations and e-mails) to confirm the Customer identity, ensure security, and help maintain service quality and for training purposes.

22.4 If the Customer gives us false or inaccurate information and the Company suspects or identifies fraud, the Company will record this and may also pass this information to organisations involved in crime and fraud prevention to prevent fraud and/or money laundering.

22.5 If the Customer has received products and/or services from the Company and does not make payments that the Customer owes the Company, the Company will trace the Customer's whereabouts and recover debts.

22.6 The Company may transfer any debt that the Customer owes to the Company, to another organisation, by providing them with relevant details, and that organisation will become the owner of that debt.

22.7 Information about the Customer may have to be shared with government bodies where required for the purpose of government initiatives. Such sharing of personal information will only be done where it is necessary and wherever possible, the Company will make sure appropriate safeguards are in place.

22.8 Information about the Customer may also be used for other purposes for which the Customer has given the Customer's specific permission or, in very limited circumstances, when required by law, or by a regulatory body. The Company will seek to provide anonymised or aggregated data but there may be circumstances where it is necessary to provide personal information and in those circumstances the Company shall do so.

22.9 The Customer is entitled to a copy of the information that the Company holds about them on payment of a small fee, this can be obtained by writing to: The Data Protection Officer, ScottishPower, 320 St Vincent Street, Glasgow G2 5AD

23 OTHER IMPORTANT TERMS

23.1 The Company may transfer its rights and obligations under this Agreement to another entity and shall notify the Customer of such transfer, but this will not affect the Customer's rights or obligations under this Agreement.

23.2 The Customer may only transfer this Agreement to another person if the Company agrees in writing to the transfer.

23.3 The terms of this Agreement shall not be enforceable by any person who is not a Party to this Agreement.

23.4 Each paragraph of this Agreement operates separately. If any court or relevant authority decides that any paragraph is unlawful, the remaining paragraphs will remain in full force and effect.

23.5 If the Company fails to insist that the Customer performs any of its obligations under this Agreement, or does not enforce its rights against the Customer, or delays in doing so, that will not mean that the Company has waived its rights against the Customer and will not mean that the Customer does not have to comply with those obligations. If the Company does waive a default by the Customer, the Company will only do so in writing, and that will not mean that the Company will automatically waive any later default by the Customer.

23.6 This Agreement is the entire agreement between the Parties and supersedes all previous arrangements, understandings or agreements between them, whether written or oral, relating to the Connect Hub and the Connect Service. Each Party acknowledges that, in entering into this Agreement it does not rely on, and shall have no remedies in respect of, 14 any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement. Nothing in this paragraph 23.6 shall limit or exclude any liability for fraud.

23.7 If the Customer's Home is located in Scotland, the terms of this Agreement are governed by Scots law and the Parties hereby agree to submit to the exclusive jurisdiction of the courts of Scotland.

23.8 If the Customer's Home is located in England or Wales, the terms of this Agreement are governed by the law of England and Wales and the Parties hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales.

24 GLOSSARY: THE MEANING OF TERMS IN THIS AGREEMENT

Where the following words are used in this Agreement, this is what they mean:
"Advance Payment" means a payment payable on the Order Date by the Customer towards the Connect Service Charges;
"Agreement Term" means the duration of the Agreement, including the Minimum Term and any period that the Agreement continues after the expiry of the Minimum Term, as described in paragraph 5.2;
"Cancellation Period" means period during which the Customer has a legal right to cancel their order for the Connect Services, as described in paragraph 9.2;
"Company" means SCOTTISHPOWER ENERGY RETAIL LIMITED, a company incorporated in Scotland with company number SC190287 and having its registered office at 320 St Vincent Street, Glasgow, G2 5AD
"Connect Hub" means the equipment provided free of charge by the Company and installed by the Company at a Customer's home which enables the Customer to use the Connect Service. This includes a moveable battery powered blank faced white thermostat to measure the temperature and a "hub" consisting of a two zone heating control and 9-pin back plate and will include the booster aerial if it is provided by the Company in accordance with paragraph 17.1;
"Connect Service" means:
(i) the service provided to the Customer by the Company, which enables the Customer to access, monitor and control the Connect Hub remotely by means of the internet, text messages, WiFi (in the event that such WiFi connectivity is introduced) and related web portals and "smart" device applications; and
(ii) the provision of warranty support in accordance with the warranty provided with the Connect Hub (which shall be without prejudice to the Customer's legal and statutory rights);
"Connect Service Charges" means the monthly charges payable by the Customer for the Connect Services;
"Customer's Home" means the Customer's residential property in which the Connect Hub is installed;
"Defect" means that the Connect Hub does not comply with paragraph

1.2 or the Connect Services do not comply with paragraph 15

17.1. "Digital App" means the Connect Services application for "smart" devices; "Event Outside the Company's Control" means an event outside the control of the Company which has an impact on the Connect Services, as described in paragraph

21.2; 'Minimum Term' means the minimum duration of the Agreement, which is twenty-four (24) months from the date of the Customer's first direct debit payment;
"Notice" means a notice given by either the Customer or the Company in relation to this Agreement by one of the methods specified in paragraph 19;
"Order" means an order placed by the Customer for the Connect Services, via the Website, Digital App, call centre or other method;
"Order Date" means the date on which the Customer enters into this Agreement by successfully placing an Order for the Connect Services
"Party" means the Company and/or the Customer as the context so requires;
"Termination Fee" means the fee payable by the Customer in respect of termination of this Agreement prior to the end of the Minimum Term, as calculated in accordance with paragraph 8.
"Website" means www.scottishpower.co.uk/connect; and
"Working Day" shall mean a day (other than a Saturday or Sunday and public holidays in England or Scotland).