Terms and Conditions

General

These Terms and Conditions govern the supply of Energy by Foxglove Energy Supply Limited to you as a Customer at the Premises. The definitions and explanations at the start of these Terms and Conditions apply

If we are unable to continue supplying our customers, Ofgem may give a "Last Resort Supply Direction". This means that you could be transferred to another supplier. Equally you may be transferred to us in this way also

If we need to give you a notice in connection with this contract, we may use the postal address and/or email address you have given us most recently. If we post a notice to you, it will be assumed to have been delivered two working days after it was posted. If we deliver a notice to you by hand or by email, it will be assumed to have been delivered immediately when it was delivered or sent to the most recent address we have for you (as applicable)

Nothing in this contract affects our legal rights or powers. Nothing in this contract affects any of your statutory rights that can’t be excluded by law

If any part of this contract is void or unenforceable, the rest of the contract will be unaffected

This contract is governed by the laws of England, Scotland and Wales only. If there is any dispute between us, it will be dealt with by the courts of England, Scotland and Wales only

You must gain written permission from us before using any of our brand features including but not limited to our logos, brand colours, fonts and supergraphics

Where appropriate, we will reasonably comply with the terms of Condition 21BA of the Standard Supply Licence Conditions

Licence

Foxglove Energy Supply Limited (09689035) is the licence holder, trading as Outfox The Market

These Terms and Conditions and our Tariff specific terms and conditions shall form the Contract between you and Foxglove Energy Supply Ltd.

Please read these Terms and Conditions carefully so that you fully understand your commitments and our responsibilities. By signing up for Outfox The Market to supply your property, you accept the Terms & Conditions detailed below

We can transfer any or all of our rights or obligations under this contract (including the right to recover the Charges) or obligations under the Contract without your consent

You must not transfer your rights or obligations under this contract to anyone without our permission

Your Contract with Outfox The Market

Your Contract with us starts when you accept the Terms and Conditions and complete our Application process, or in relation to a Deemed Contract on the date when you start to take supply from us (e.g. the date you move into a property that is on supply with us)

If you request Outfox The Market to commence the switch on your behalf, your contract with us starts when you make this request whether on web chat, email, phone or otherwise

You may also be subject to these terms and conditions if tenants move out of your property (if you are the homeowner, landlord or agent) or if you become responsible for the property

As a customer it is your responsibility to ensure that:

You either own or live in the property

You are allowed to sign up to this contract for the property

The property is connected to mains gas or electricity, or both (whichever applies to you)

You are signing up the correct address and meter point(s). In the event that incorrect details are provided, we will not be held liable for any issues resulting from this whether it be incorrect supply takeover, erroneous transfer Charges and process or otherwise

As a customer, you agree to:

Only use the supply for domestic purposes and your property's consumption does not exceed the domestic licence limits as specified by Ofgem. If you do sign up and your usage exceeds such limits, we reserve the right to put you on a different Tariff or vary your terms and conditions

Supply us with monthly meter readings including opening and closing reads, on the correct dates, otherwise your account with us will start/end/continue on estimated reads which may mean you are not billed as expected

Receive regular Statements of Account via your online Portal only

Keep us updated with your contact details (including email address and contact phone number), as we will use these details to contact you with information about your account, and to send promotional information

If you ask us, we can add another person to your contract so that they can administer your account on your behalf, we will always need your authorisation. We can't make that person financially responsible for your supply unless they agree to it and they tell us themselves; in which case this contract is automatically amended to make them a party to it from the date they agreed to become a party

We reserve the right not to continue to communicate with you if you are being abusive or aggressive towards staff. This might mean, for example, having to terminate a call early or requiring you to communicate in writing only

We can change the terms of your Contract at any time, which may include situations where it is necessary for us to comply with any laws, or other rules that we are obliged to follow

We will inform you of any changes and the latest copy of our Terms and Conditions will be available on our website

If we propose to make changes to your Contract that are not to your advantage (including increasing Charges) we will give you reasonable notice of the changes. If you do not agree with the changes, you can switch to another supplier without penalty. This does not apply if we change your payment method in accordance with your Contract

You may be on a Deemed Contract with us, which means that you are on a contract that you have not actively agreed with us but exists between you and us automatically because you are taking a supply. Examples of when this might occur are:

You move into a property already supplied by us until you agree a formal Contract with us or switch to a new supplier

You remain in the property after a previous occupant has left the property

You can leave us at any time by initiating a switch to another supplier, the time taken to switch to a new supplier can vary based on their T's & C's

Joining Outfox The Market

You agree to provide an estimation of your annual consumption at sign-up which, to the best of your knowledge, reflects how much you will typically consume in any given year

You agree that we are allowed to tell your existing supplier to end your contract with them and to switch the supply to us

We aim to begin supplying your energy from the date provided to you when you sign up with Outfox The Market.

Your switch to Outfox The Market could take longer than this period of time if:

You have not provided all the information we need to start the supply

Your existing supplier blocks the switch

Your meter is not suitable for the Tariff we are to provide

Any other situation arises which is outside of our control

We may also at our discretion change the start date for the supply if we don't have all the information we need to complete your switch

You can cancel your switch to Outfox The Market by contacting us using telephone or webchat 3 working days prior to your switch date

If you are within your 14-day Cooling Off Period, you may cancel your contract without incurring exit fees. You will be able to leave for another supplier. You will be liable to pay any Charges for any supply you have taken with us. If you remain with Outfox The Market you will be placed onto a Deemed tariff and must continue to make payments. If you intend to leave for another supplier your switch may be blocked if your account is in arrears. You will need to make payment in order for your account to be released

If you are outside of your 14-day Cooling Off Period, you must abide by the terms of your contract. You will be liable to pay any Charges for any supply you have taken with us. If you switch supplier, your particular Tariff may incur exit fees for early termination and your switch may be blocked if your account is in arrears. You will need to make payment in order for your account to be released

We reserve the right to cancel your switch without notice if we have reason to suspect the integrity of any information you have provided

We reserve the right to amend your Direct Debit after sign up if the information received from the industry in relation to your estimated annual consumption (EAC for electric and AQ for gas) differs from the information you have provided at sign up

We aren't responsible for any debt or other outstanding Charges you may have to pay your previous supplier, unless we have expressly agreed to take on those amounts from your previous supplier (in which case you will be liable to us for those amounts)

You are required to, and agree to, provide opening meter readings, closing meter readings and regular monthly meter readings on the correct dates and it is not our responsibility to remind you of this

If you do not provide an opening meter read within the specified timescales, you agree that an estimated read, provided through industry processes, will be used as your opening meter read with us, and your closing meter read with your old supplier

We cannot accept liability where the above occurs, as it is your responsibility to ensure you provide this information on the correct date

You will need to cancel any payment arrangement you have with your current supplier. We cannot do this and we cannot discuss or negotiate any aspect of your account with them on your behalf, due to data protection. This remains your responsibility

Your Account

For the purposes of the Online Rules below, your account refers to your customer portal on our website

As we are a digital supplier, all customers must use Online Account Management and therefore you agree to the following terms:

You will provide a valid and current email address for receiving communications

You will receive all communications from us electronically, including bills, price changes and other information about your account, or notices we need to send you under this contract or our supply licence

You will provide all meter readings using your account only

You will manage your Direct Debit using email/web chat only

You will receive bills from us through your account, we do not provide a paper billing service

You will update or change your personal details using email/web chat only

You will use your account, email or web chat only to find out information about your account (including Tariff and rate information, statements, Charges and usage)

You will manage all aspects of your account by either your account, email or web chat, not via post or the phone which should be used as a last resort or in the case of making one off payments

Credit Checks, Credit Reporting and Your Information

Before we enter into the contract with you and during your contract with us, we look at any information we have and we may share your personal information with credit reference agencies and/or fraud prevention agencies

We reserve the right to apply for information on all customers. If you have named another person on your energy account you must make sure they know we may perform a credit check on them

Information supplied to us may be used to:

Verify your identity and banking details

Make decisions on credit and credit-related services that we may provide to you, your partner, or other members of your property (including relating to payment)

Maintain accurate records on your data

Use scoring methods to assess your application and help us choose what plan and payment method is right for you

Prevent crime, fraud and money laundering

Check the operation of your credit-related accounts

Manage your personal, your partner's and/or business (if you have one) credit or credit-related account or other facilities by the credit reference agency

Credit reporting of named individuals on your energy account

Trace your whereabouts and recover debts that you owe

Undertake statistical analysis and testing, which could include personal details and your energy use. This could be used to create personal profiles

This request will stay on your credit checking history (a footprint), whether you join us or not. It may also affect your credit rating

Based on your credit check, we may ask you for a security deposit

We will routinely share information about your payment record with credit reference agencies

If you fail to pay us any money you owe this information may be passed to credit reference agencies and/or fraud prevention agencies. The credit reference agencies keep records for six years after:

Your account has been closed

You pay the debt

Someone takes action against you to recover the debt

Credit Reference Agencies and Fraud Prevention Agencies use your data for:

Building databases holding information collected from consumers and businesses from various sources

Source this data from public records, County Court Judgements (CCJ), electoral information, and financial information from varied sources

Organisations carry out searches against that information available with credit reference agencies

This information may be used to assess creditworthiness, ability to afford payments, check the information against company information for accuracy, preventing and detecting crime such as fraud or money laundering, identity checking, tracing individuals to recover debts owed etc

Any search carried out by an organisation to credit reference agencies leaves a ‘search footprint’ recording details of that search

Credit reference agencies may also use this data for analytics and profiling purposes

Consumers have certain rights in relation to the personal data held by credit reference agencies.

Credit reference agencies use credit reference data for:

Credit reporting

Affordability checks

Validate and verify data

Help prevent and detect fraud, money laundering and other criminal activity

Maintaining accuracy of data

Manage account management activities

Tracing and debt recovery

Help build insight using profiling techniques

Predict financial profile

Confirm individuals are resident at an address

Trace individuals to a new address

Profiling of customers via statistical analysis

Comply with disclosure data in response to a court order or a request from a regulator

Legitimate interests:

The credit reference agencies use credit reference data to pursue their legitimate interests and those of their clients

These include:

Helping to prevent overindebtedness

Helping prevent and detect fraud, money laundering and validate and verify identify

Customer and data management activities for the benefit of consumers and businesses

Supporting tracing and debt recovery

Supporting compliance with legal and regulatory requirements

You can contact the credit reference agencies currently operating in the UK – their current details are below. The information they hold may not be the same so it is worth contacting them all. They will charge you a small statutory fee

Tariffs, Prices and Charges

Any Tariffs we offer will always be subject to availability and their inclusion in these Terms and Conditions does not necessarily indicate their disposal since we also provide information on former Tariffs which some customers may still be on. Please always check current Tariffs on offer at any given time by asking us directly. All our Tariffs include VAT at the applicable rate

Our prices for supplying Energy will be sent to you via email where you have agreed a formal Contract with us if we have a valid email address for you. Our prices are also available on our website

You will be required to provide your EAC/AQ initially upon sign up and this will be verified once we receive the relevant information from your previous supplier. Please note that your EAC/AQ is a changing figure dependent on your usage and this may result in it being amended at any point based on the most up to date consumption information available. Your EAC/AQ will be totalled if you have more than one MPAN/MPRN

Our Charges are based on the Energy consumed at the Supply Address as recorded by the Metering Equipment and calculated, based on a meter supplied by you, or taken by us, or our agents. If no meter reading is supplied, we will use an estimate reading

We'll calculate the Charges for your supply using:

The gas or electricity you have consumed in kilowatt hours

Your Unit Rate for gas and electricity, as applicable

Your daily standing Charges for gas and electricity, as applicable

Any up-to-date meter readings you have supplied or, if you have not provided an up-to-date meter read, estimated meter readings (using industry standard methods)

The Charges to you start from the Supply Start Date

Your first payment will be taken 10 working days after sign-up and subsequently monthly in advance. Unless otherwise agreed with us, you must pay the amount shown as outstanding on your bill in accordance with our standard payment method of Direct Debit

We will not try to recover Charges for your Energy that are older than 12 months unless we have already tried to recover these Charges, or you have behaved obstructively or unreasonably, in accordance with clause 9.5

We cannot support customers on business or prepayment meters. Please be aware that there will also be volume limits that will affect whether we can supply you and it is your responsibility to adhere to these upon sign up

Tariffs may have sub-variations whether that be through the addition of a particular month/year or some other form of suffix. For the avoidance of doubt, terms and conditions relating to the original parent Tariff shall apply the same to any such variations

Variable Tariff Charges can be increased or decreased at any time. Where this is the case, and the changes are not to your advantage, we will give you reasonable notice of the changes. If you do not agree with the changes, you can switch to another supplier without penalty

Fixed Tariffs Charges will be Unit Rates set at rates that applied on sign-up. Unit rates and standing Charges only are fixed. Payment amounts are consumption dependent and therefore will still vary as normal. Unit rates and standing Charges will be fixed for the term of the Tariff - either live date or successful transfer (where changing Tariffs internally), after which you will revert onto the relevant standard variable Tariff. We reserve the right to review and amend consumption dependent elements where necessary

If you are on a Fixed Tariff, you will be given at least 42 days notice of the expiry of your tariff and provided with your renewal tariff options. You can also leave without penalty once you are within 49 days of your tariff end date

Availability of Tariffs or offers will be at our absolute discretion and we reserve the right to withdraw or limit its availability at any time. Availability must be confirmed directly with us only, advertisement or recommendation by any third party cannot be taken as certain

Unless otherwise agreed with us, monthly Direct Debit payment in advance and online account management are standard requirements, subject to the terms and conditions of your tariff. Your Direct Debit amount will usually be based on how much energy we think you will use in a year, split equally over 12 months. However, you may have signed up to split Direct Debit method in which monthly payments will be weighted according to the level of consumption at different points in the year, for example due to seasonal changes

We reserve the right to increase your Direct Debit to cover an increase in usage or to recover an outstanding balance. If you sign up during the winter months (October to March) we reserve the right to set your DD higher to cover increased winter usage

If you are in breach of any of the Tariff Specific Terms and Conditions, at any time, we reserve the right to move you onto another Tariff of our choice or change your payment terms

We can also charge you for any goods/services that do not fall within our Tariff where reasonable. We will provide you with the value to be charged before taking any steps to confirm additional goods or services. These Charges may apply (but not limited to) where:

We, or one of our agents, attend your property to stop, disconnect or reconnect your supply if we are requested to do so by you

Inspecting, testing, replacing or otherwise working on your meter (including moving your meter) if you ask us to but there is no fault with your meter

Charges we are required to pass on to our customers by law or regulation or a regulatory authority (such as Ofgem)

Any reasonable costs we incur (including administration costs) because you failed to meet the terms and conditions of this contract

VAT for additional good or services will be charged at the applicable rate

Any goods/services under contracts with other companies will at all times remain a separate obligation and any disputes must be directed towards the correct contractual party only

Tariff Specific Terms & Conditions

Fox Standard Elec (Variable)

• This Tariff is made up of a Unit Rate and a daily Standing Charge
• This Tariff is only available for electricity only customers. No gas only or dual fuel customers can sign-up to this Tariff
• To be on this Tariff you agree to pay by Direct Debit only – no other payment methods are accepted
• To be on this Tariff you agree to access your account via your online portal only
• Charges can be increased or decreased at any time, subject to 8.11
• We reserve the right to move you onto an alternative Tariff if you do not adhere to the Terms specific to this Tariff, e.g. if you cancel your Direct Debit or if you switch a gas supply to us

Fox Standard Dual (Variable)

• This Tariff is made up of a Unit Rate and a daily Standing Charge for each fuel
• This Tariff is only available for dual fuel customers, i.e. where both electricity and gas are supplied by us. This Tariff cannot support gas only or electricity only customers
• To be on this Tariff you agree to pay by Direct Debit only – no other payment methods are accepted
• To be on this Tariff you agree to access your account via your online portal only
• The tariff unit rates are in the Welcome Pack you received when you signed up to this tariff. Subject to 8.11 the rates may change – rates on our variable tariffs will never be more than the cap set by Ofgem
• Charges can be increased or decreased at any time, subject to 8.11
• We reserve the right to move you onto an alternative Tariff if you do not adhere to the Terms specific to this Tariff, e.g. if you cancel your Direct Debit or if you switch one of your supplies away from us

Fix'd X (Fixed – 12 Months or 18 Months or 24 months)

• This refers to Fix’d Tariffs that are suffixed by an X
• This Tariff is made up of a Unit Rate and a daily Standing Charge for each fuel
• This Tariff is only available for dual fuel customers, i.e. where both electricity and gas are supplied by us. This Tariff cannot support gas only or electricity only customers
• To be on this Tariff you agree to pay by Direct Debit only – no other payment methods are accepted
• To be on this Tariff you agree to access your account via your online portal only
• This Tariff is a single rate Tariff only. Whilst we can support two rate meters you will still only be charged on a single rate
• Unit Rates and Standing Charges are fixed for the term of the Tariff. Payments are consumption based and can still vary
• If you leave this contract early, applicable exit fees will be charged
• You cannot change your fixed period term once you have agreed to either 12 months, 18 months or 24 months at sign up
• We reserve the right to move you onto an alternative Tariff if you do not adhere to the Terms specific to this Tariff, e.g. if you cancel your Direct Debit or if you switch one of your supplies away from us. In this instance you will be subject to the applicable tariff exit fees.

Fix'd (Fixed – 12 Months or 18 Months or 24 months)

• This refers to Fix’d Tariffs that are NOT suffixed by an X
• This Tariff is made up of a Unit Rate and a daily Standing Charge for each fuel
• This Tariff is only available for dual fuel customers, i.e. where both electricity and gas are supplied by us. This Tariff cannot support gas only or electricity only customers
• To be on this Tariff you agree to pay by Direct Debit only – no other payment methods are accepted
• To be on this Tariff you agree to access your account via your online portal only
• Unit Rates and Standing Charges are fixed for the term of the Tariff. Payments are consumption based and can still vary
• You cannot change your fixed period term once you have agreed to either 12 months, 18 months or 24 months at sign up
• We reserve the right to move you onto an alternative Tariff if you do not adhere to the Terms specific to this Tariff, e.g. if you cancel your Direct Debit or if you switch one of your supplies away from us

Clean E Fix’d (Fixed – 12 Months or 18 Months or 24 months)

• This refers to Clean E Fix’d Tariffs, suffixed by a version number
• This Tariff is made up of a Unit Rate and a daily Standing Charge for each fuel
• This Tariff is only available for electricity only customers, i.e. where only electricity is supplied by us. This Tariff cannot support dual fuel or gas only
• To be on this Tariff you agree to pay by Direct Debit only – no other payment methods are accepted
• To be on this Tariff you agree to access your account via your online portal only
• This Tariff is a single rate Tariff only. Whilst we can support two rate meters you will still only be charged on a single rate
• Unit Rates and Standing Charges are fixed for the term of the Tariff. Payments are consumption based and can still vary
• You cannot change your fixed period term once you have agreed to either 12 months, 18 months or 24 months at sign up
• We reserve the right to move you onto an alternative Tariff if you do not adhere to the Terms specific to this Tariff, e.g. if you cancel your Direct Debit or if you add gas to your account

Fox Standard Gas (Variable)

• This Tariff is made up of a Unit Rate and a daily Standing Charge
• This Tariff is only available for gas only customers. No electric only or dual fuel customers can sign-up to this Tariff
• To be on this Tariff you agree to pay by Direct Debit only – no other payment methods are accepted
• To be on this Tariff you agree to access your account via your online portal only
• This Tariff is a single rate Tariff only
• Charges can be increased or decreased at any time, subject to 8.11
• We reserve the right to move you onto an alternative Tariff if you do not adhere to the Terms specific to this Tariff, e.g. if you cancel your Direct Debit or if you switch an electricity supply to us

Fox Paper Standard Dual / Fox Paper Standard Elec / Fox Paper Standard Gas (Variable)

• This Tariff is made up of a Unit Rate and a daily Standing Charge for each fuel
• Charges can be increased or decreased at any time, subject to 8.11
• In the event that you do not adhere to any Tariff Terms and Conditions, we reserve the right to move you onto this Tariff

Super Fix'd (Fixed)

• This Tariff is made up of a unit rate and a daily standing charge for each fuel
• This Tariff is only available for dual fuel customers, i.e. where both electricity and gas are supplied by us. This Tariff cannot support gas only or electricity only customers
• To be on this Tariff you agree to pay by direct debit only – no other payment methods are accepted
• To be on this Tariff you agree to access your account via your online portal only
• Unit Rates and Standing Charges are fixed for the term of the Tariff. Payments are consumption based and can still vary
• If you leave this contract early exit fees will be charged
• We reserve the right to move you onto an alternative Tariff if you do not adhere to the terms specific to this Tariff, e.g. if you cancel your direct debit or if you switch one of your supplies away from us. In this instance you will be subject to the applicable Tariff exit fees

Clean Fix'd (Fixed)

• This Tariff is made up of a unit rate and a daily standing charge for each fuel
• This Tariff is only available for dual fuel customers, i.e. where both electricity and gas are supplied by us. This Tariff cannot support gas only or electricity only customers
• To be on this Tariff you agree to pay by direct debit only – no other payment methods are accepted
• To be on this Tariff you agree to access your account via your online portal only
• This Tariff is a single rate Tariff only. Whilst we can support two rate meters you will still only be charged on a single rate
• Unit Rates and Standing Charges are fixed for the term of the Tariff. Payments are consumption based and can still vary
• If you leave this contract early exit fees will be charged
• We reserve the right to move you onto an alternative Tariff if you do not adhere to the terms specific to this Tariff, e.g. if you cancel your direct debit or if you switch one of your supplies away from us. In this instance you will be subject to the applicable Tariff exit fees

Fix’d 12m / Fix’d Elec 12m (Fixed)

• These tariffs are suffixed by a month, year and version
• These Tariffs are made up of a unit rate and a daily standing charge for each fuel
• These Tariff are available for dual fuel customers (Fix’d 12m) and electricity only customer (Fix’d Elec 12m). You must be on the applicable tariff for your fuel type and these tariffs cannot support gas only customers
• To be on this Tariff you agree to pay by direct debit only – no other payment methods are accepted
• To be on this Tariff you agree to access your account via your online portal only
• Unit Rates and Standing Charges are fixed for the term of the Tariff. Payments are consumption based and can still vary
• If you leave this contract early exit fees will be charged
• We reserve the right to move you onto an alternative Tariff if you do not adhere to the terms specific to this Tariff, e.g. if you cancel your direct debit or if you switch one of your supplies away from us. In this instance you will be subject to the applicable Tariff exit fees

SUREFOX (Tracker – 4% Cheaper than Ofgem Price Cap)

• This Tariff is made up of a Unit Rate and a daily Standing Charge for each fuel
• This Tariff is only available for dual fuel customers, i.e. where both electricity and gas are supplied by us. This Tariff cannot support gas only or electricity only customers
• To be on this Tariff you agree to pay by Direct Debit only – no other payment methods are accepted
• To be on this Tariff you agree to access your account via your online portal only
• This tariff requires the installation of Smart Meter(s) and you are eligible, you agree to schedule an installation with us. Should you fail to arrange or attend an appropriate installation appointment within 60 calendar days (or any alternative timeframe agreed upon), we reserve the right to transfer you to our Standard Variable Tariff. This tariff may be more expensive than your current one and may not offer the same features or benefits. In cases where technical issues prevent the installation of Smart Meter(s), you will remain on your chosen tariff.
• To be on this tariff you must have a smart meter and give us permission to access your electricity half hourly consumption data
• Unit Rates and Standing Charges will track the Ofgem Price Cap and will change every quarter
• This Tracker tariff offers up to a 4% discount on your total bill by reducing the unit rates for both electricity and gas. This discount is based on the average consumption of a dual fuel customer, as defined by Ofgem (2700kWh for power and 11500kWh for gas), and is applied uniformly across all regions. Prices will adjust in line with the Ofgem price cap. Unlike tariffs that reduce standing charges, the SUREFOX tariff focuses solely on lowering unit rates. Please note, if your usage is below the Ofgem average, your savings will be lower. Conversely, the more energy you use, the greater your savings.
• We reserve the right to move you onto an alternative Tariff if you do not adhere to the Terms specific to this Tariff, e.g. if you cancel your Direct Debit or if you switch one of your supplies away from us

Billing

Billing is a monthly cycle and will commence one calendar month after your Supply Start Date with us

Your statement will show your consumption for the relevant period and the associated cost, by multiplying your consumed kWh by the Tariff Unit Rates, and the appropriate number of days Standing Charge

If you fail to provide a meter read, or the meter read is not provided on your billing day, your bill will be made up of estimated meter reads, either in full or for the period between your meter read submission and your billing day

If you believe there are errors on your bill, you must contact us immediately to resolve the error

At any given time, we will usually seek to bill you for any amount we reasonably consider has been consumed within the last 12 months. However, there are some exceptions in which we can backbill you for earlier Charges:

Where the bill owed was issued prior to 1st May 2018

Where you received a bill for the relevant charge within a 12-month timeframe however that timeframe has now lapsed due to your failure to make payment

If your meter is not working correctly and you've not allowed us to fix it or if you've acted unlawfully and tampered with your meter

We have been unable to bill you as normal due to unreasonable or obstructive behaviour on your part

Any other circumstances which as required by a regulatory authority (such as Ofgem)

Your Meter and Access to Your Property

We are not currently taking on prepayment meters, so where we refer to meters it will always mean credit meters

If you have a smart meter, we will take reasonable steps to connect to your meter. There may be circumstances outside of our control that limit our ability to connect to your meter, in which case the meter will revert to standard Traditional meter functionality, meaning you will need to provide monthly meter reads. If we are able to connect to your smart meter, we will inform you of our intention to do so and, where possible, will take meter reads automatically from your meter

You are responsible for ensuring your property has an appropriate credit meter installed that meets all the following requirements:

It is capable of measuring the energy supplied to your property

Maintenance and legal compliance checks are carried out for all pipes, equipment, wires and other fittings.

It is suitable and meets industry standards for safety and accuracy

You are responsible for ensuring that your metering equipment is not lost, stolen or damaged. In this contract metering equipment means the meter itself and all equipment required to operate your meter

If you discover any damage, fault or other issue with your metering equipment, you must tell us immediately

We are allowed to install, maintain, read, disconnect, repair or replace any metering equipment

You must pay any Charges and costs in connection with removing, inspecting, replacing or repairing the metering equipment at your property

You agree to give us or anyone acting on our behalf safe access to your property and all metering equipment. If there are obstructions preventing us accessing your metering equipment, you must remove them

Payment Methods

You agree to pay for your Supply in advance unless your Supply Start date is before the date your first payment is taken

We will add VAT to our Charges at the applicable rate (currently 5% for domestic energy usage and 20% for any other Charges)

You are responsible for paying us for the supply until you have cleared all outstanding Charges including paying any Charges or debts you have accrued which remain outstanding after your contract ends

You must have a Direct Debit in place for the entire duration of your contract, including after your switch date if your account is still in arrears. We are unable to cancel any collections in our system with less than 10 working days' notice

We will adhere to the Direct Debit guarantee. A copy of this is available upon request

If your Direct Debit fails due to insufficient funds, we will let you know and may re-present the automated instruction within 10 Calendar Days

Automatic Direct Debit reviews are performed at regular intervals to ensure you are not paying too much or too little for your energy. Where necessary we will adjust your Direct Debit to ensure it is sufficient to cover your usage.

Direct Debit reviews may take debit or credit balances into account and the value be adjusted accordingly

You are primarily responsible to ensure that you are paying enough for your energy

We can accept payment by Debit or Credit card, by bank transfer or cheques. Any non-Direct Debit payments must include your Outfox The Market account number in order to be allocated against your account

If you do not pay by Direct Debit, we reserve the right to change your Tariff to our Standard Variable Tariff. You will still be responsible for paying for the supply in full each month by an alternative Payment Method agreed with us

Any missed or late payments will incur a charge of £25 for each missed payment. This includes failure to pay via the required payment method of Direct Debit, unsuccessful Direct Debit collection or cancellation of your Direct Debit mandate

It is your responsibility to cancel your Direct Debit once you have switched your energy supply to another supplier and you have paid all your outstanding Charges. We cannot be held liable if you fail to cancel your Direct Debit and it remains in place

Refunds

Credit Balance Refunds

We will conduct an assessment of your account upon receipt of a request for refund

If you request a refund, you must have provided a meter read within the preceding 30 calendar days of your request. If you have not provided a meter read within this time period, we will be unable to progress your refund request

In order to be eligible for a refund, you must have an active Direct Debit in place, where applicable for the Tariff you are on

We reserve the right to determine the value due for refund, based on your account balance and forecast usage over a 12 month period

You will be informed whether your refund request can be accepted following our assessment. If we are unable to refund you, we will tell you why

We aim to process your refund within 10 working days following successful assessment, but there may be factors that delay the refund timescale

Your refund will be paid into the bank account used for your Direct Debit payments

If you are refunded too much, you must repay the overpayment to Outfox The Market immediately

In order to responsibly ensure that your account does not fall into arrears, we may have to refuse certain refund requests

If, after a refund has been paid, your account falls into debit, or there is insufficient credit in your account, we reserve the right to review your Direct Debit to ensure you are paying for consumption

Final Bill Refunds

We cannot commence the refund process until we have received your opening meter reads from your new supplier, and your Final Bill has been generated

Your refund will be issued within 10 working days from your Final Bill being generated

Your refund will be paid into the bank account used for your Direct Debit payments

If you are refunded too much, you must repay the overpayment to Outfox The Market immediately

Having Trouble Paying

If you are having trouble paying your bill, you should contact us immediately to discuss payment options available to you

If you do not pay your bill on time, we may be able to offer a payment plan according to your circumstances, ensuring any new Charges are also paid for

You may be able to obtain independent advice from organisations such as Citizens Advice Bureau

Debt Management

If you don't pay your bill on time:

We can add the amount of your debt to your next bill

We can require you to bring your account up to date by using alternative methods of payment

We can change the amount of your Direct Debit to recover overdue Charges

We charge you a late/missed payment fee of £25 per late/missed payment in accordance with Clause 11

If you miss 2 or more payments, we reserve the right to alter your payment method and move you to our Standard Variable Tariff and require you to pay the full account balance each month (including any arrears)

We can take such steps as are necessary to recover the sums due to us, which may include employing a debt collection agency

We can recover from you all costs incurred by us in pursuing your non-payment, including bank Charges due to cancelled or failed payments, the cost of visiting you, including through any debt collection agency, getting a warrant to enter your property and installing a Smart Meter which we can switch into prepayment mode

We can charge you interest at 4% per year above the current Bank of England base rate, which will be charged on the overdue amount you owe until you pay the overdue amount plus interest

In accordance with Clause 17, we can temporarily suspend or permanently disconnect the supply under warrant (if necessary) from the Magistrates' Court (or Sheriff Court in Scotland) without your permission

Moving Home

If you are moving house, you must inform us of the date you are moving and provide us with a meter reading

You are responsible for paying all Charges up to and including the day you move out

You must provide us with a meter read(s) on the day you vacate your property. We will use the read(s) you provide to generate a final bill

If you do not provide us with your meter read(s), we will use the new occupants meter read(s) or an estimate to generate your final bill

You must provide us with a forwarding address so we can send you your final bill or in case of any other correspondence

If you do not inform us that you are moving house, we will use the new occupants start date as the end date for your contract

If you ask us to supply your new home, we'll set up a new contract for your new property. Your old account will be closed as soon as any outstanding balance is paid or the balance may be transferred to your new account. It will take 21 days from you notifying us you want us to supply your new property

Complaints

You can submit a complaint by:

• Emailing us at [email protected]
• Using our online web chat at https://www.outfoxthemarket.co.uk

You can view our full complaints procedure at https://www.outfoxthemarket.co.uk/our-policies/our-complaints-handling-policy

If you need independent advice at any time you can contact Citizens Advice by phone on 03454 040506 or visit their website at www.citizensadvice.org.uk/energy. Their service is free, independent and confidential

When you submit a formal complaint, we will do everything in our power to resolve the issue

If we cannot find a mutually acceptable solution, we will write to you to explain our position and our best offer. This is known as a deadlock letter

In the event of you not wanting to accept the suggestion in the deadlock letter, or if the issue is ongoing for more than eight weeks, you can then refer the issue to the Energy Ombudsman.

You can contact the Ombudsman Services: Energy through their website www.ombudsman-services.org, by phone 0330 440 1624, email [email protected] or in writing PO Box 966, Warrington, WA4 9D

Disconnecting Your Supply

We can suspend or disconnect your supply if:

You fail to pay your bill on time

We have reason to believe your metering equipment may have been tampered with or damaged

We are required to do so by any law, code or agreement

If we have had to suspend or disconnect your supply:

We can ask for a security deposit before we restart or reconnect your supply

You must reimburse us for the cost of suspending or disconnecting the supply, as well the cost for restarting or reconnecting your supply

We reserve the right to terminate this contract if we believe that you are behaving inappropriately or in violation of applicable laws or regulations; for example, if you are verbally abusive or behave offensively towards our staff

Our Liability

This contract doesn't exclude any liability that we aren't allowed to exclude by law

Our liability (including for negligence and breach of statutory duty) is limited to £10,000 for each unconnected event that we're directly responsible for, or £10,000 in total for any connected series of events that we're directly responsible for, and which has caused you loss or damage

We aren't liable for any loss or damage (including negligence and breach of statutory duty) that we couldn't reasonably have expected would result from breach of this contract at the time (consequential losses)

We cannot be held liable for any loss or damage resulting from circumstances out of our control or relating to the actions of a third party

If we're required or entitled to take action under our gas supply licence, electricity supply licence or any other rules that are binding on us, we won't be in breach of this contract

We can't guarantee that the supply will be uninterrupted and cannot be held liable for this

Using Personal Information

You agree that we can use your personal information and data in accordance with our privacy policy, which you can find at https://www.outfoxthemarket.co.uk/our-policies/privacy-policy

Digital and Personal Security

We will only ever visit by appointment with customers, and we will never show up without having verified a suitable time with the account holder first (unless it is in regard to debt collection action)

We do not and will never have sales agents working door-to-door without a scheduled appointment. If anybody knocks on your door claiming to be a representative, please turn them away and call us on 0800 103 2702 to verify their identity

Please keep all personal information to yourself, including online user information which you should not write down or share with anybody

If you think someone might know your password, change it straight away online or through one of our customer representatives. We can give you a temporary password which you should then change via your online portal

Emergencies and Safety

If you have a gas emergency, you must report it on 0800 111 999

If you have an electricity emergency, you must report it to your local electricity distributor – their contact details can be found at http://www.energynetworks.org/info/faqs/who-is-my-network-operator

You must not use the supply in any way that endangers people or property, or that could interrupt the supply of any other property

We can restrict the supply if we think you are using it in a way that is unsafe or if we are required to by any legal or other requirement that is binding on us

National Terms of Connection (NTC)

Your supplier is acting on behalf of your network operator to make an agreement with you

The agreement is that you and your network operator both accept the NTC and agree to keep to its conditions

This will happen from the time that you enter into this contract, 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 write to: Energy Networks Association, 6th Floor, Dean Bradley House, 52 Horseferry Road, London SW1P 2AF

You can also phone 0207 706 5137, or see the website at http://www.connectionterms.org.uk