Terms and Conditions
- Please read these terms and conditions carefully. By entering into a Community Energy Scheme Stoke Limited prize draw (“Promotion”), you agree that you have read these terms and that you agree to them. Failure to comply with these terms and conditions may result in your disqualification from the Promotion.
- Each Promotion is run by Community Energy Scheme Stoke Limited, a company registered in England with registered number 06895776 and registered office at Unit 8 Peerglow Centre, Marsh Lane, Ware, Hertfordshire SG12 9QL (“Promoter”).
- To enter a Promotion you must:
(a) have joined Community Energy Scheme Stoke Limited through the Community Energy Scheme at the time of the draw;
(b) be a resident of the United Kingdom; and
(c) be aged 18 years old or over at the time of entry.
- The Promotion is not open to directors or employees (or members of their immediate families) of Promoter or any affiliate of Promoter. Promoter reserves the right to verify the eligibility of entrants.
Promotional Period and Entry Instructions
- The Promotional Period runs from 15th February 2020 until 19th May 2020. Each Promotion is open for entries by eligible participants on any day or time during the Promotional Period.
- Each Promotion will be carried out every 4 weeks during the Promotional Period subject to 500 people signing up to the Community Energy Scheme.
- You can enter this Promotion by choosing Community Energy Scheme Stoke Limited as your solar energy supplier, through the Community Energy Scheme or by sending your contact details (Full name, phone and/or email) to Unit 8 Peerglow Centre, Marsh Lane, Ware, Hertfordshire SG12 9QL
- There is no restriction on the number of entries that an eligible person can make but there is a maximum of one prize per registered household for the duration of the Promotional Period.
- The Promoter accepts no responsibility for any entries that are incomplete, illegible, corrupted or fail to reach Promoter by the closing date for any reason. Entries via agents or third parties are invalid. No other form of entry is permitted.
Prizes, Winner Selection and Winner Notification
- The total prize available for each Promotion is £12,500, split into the following prizes:
1st Prize – £5,000
2nd Prize – £2,500
20 runner prizes of £250 each
- The winners for each prize will be chosen at random from correctly submitted entries by a representative of Stoke-on-Trent City Council. The selection will be carried out within 2 working days after the close date for each fund Promotion.
- The winner(s) of the Promotion shall be notified by email correspondence from the Promotor by within five  working days of the close date for the Promotion.
- The winner(s) will be required to confirm acceptance of the prize within ten  working days and may be required to complete and return an eligibility form stating their age and residency details, among other details. The Promoter will endeavour to ensure that winner receive his / her prize within thirty  days of the date they confirm acceptance of the prize. If a winner does not accept the prize within thirty  days of being notified, they will forfeit their prize and Promoter reserves the right to choose another winner(s). Promoter’s decision is final and Promoter reserves the right not to correspond on any matter. The Prize will be issued in the form of a cheque, sent to the winner(s) home address.
- The results of each draw will be posted on social media. You can also find out who has won a prize during the previous 30 days by sending an email to firstname.lastname@example.org with the subject line “Community Energy Prize Draw”.
- Promoter reserves the right at any time to
(a) cancel or amend these Terms and Conditions
(b) change the Prize (to one of equal or greater value) as required by the circumstances; and
(c) cancel the Promotion.
- Promoter may at its sole discretion disqualify any entrant found to be tampering or interfering with the entry process, or to be acting in any manner deemed to be disruptive of or prejudicial to the operation or administration of the Promotion.
- The Promoter reserves the right to verify the eligibility of entrants. The Promoter may require such information as it considers reasonably necessary for the purpose of verifying the eligibility of an entry and the prize may be withheld until and unless the Promoter (in its sole discretion) is satisfied with the verification. The Promoter’s decision is final.
- Winners may be required to take part in post-event publicity for which there will be no remuneration (although significant out of pocket expenses will be reimbursed).
- The Promoter’s decision regarding all promotional matters shall be final.
- Other than for death or personal injury arising from negligence of the Promoter, so far as is permitted by law, the Promoter hereby excludes all liability for any loss, damage, cost and expense, whether direct or indirect, howsoever caused in connection with the Promotion or any aspect of the Prize. All activities are undertaken at the entrant’s own risk. Your legal rights as a consumer are not affected.
- If any of these terms and conditions be determined to be illegal, invalid or otherwise unenforceable then that term shall be severed and deleted from these terms and conditions and the remaining terms and conditions shall survive and remain in full force and effect.
- These terms and conditions shall be governed by and construed in accordance with English law.
- Disputes arising in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the English courts.
Community Project Fund
- For every 500 sign-ups to the Community Energy Scheme during the Promotional Period, Community Energy Scheme Stoke Limited will make available a fund worth £12,500 (to a maximum of £50,000)
- The fund will be allocated to community projects within the area governed by Stoke-on-Trent City Council.
- Stoke-on-Trent City Council will publish a process by which any person can nominate a local project to be the recipient of the funds.
- The local projects that will benefit from the funds will be chosen by Stoke-on-Trent City Council and an independent panel.
Variation of Tenancy Agreement: Key Facts
- CES will always be responsible for the maintenance and repair of the solar panel system. This includes panel cleaning, system upgrades and data & meter readings. You will need to allow CES access to do this. You should report any damage to the solar panel system as soon as you become aware of it.
You should not attempt to repair any damage or clean the panels yourself.
- You are not permitted to turn off the solar panels or interfere with or damage the system in any way.
- You should ensure that no trees or vegetation grow to overshadow the solar panel system and that nothing is built near the solar panel system which would overshadow the solar panel system. If this does happen, let us know and we will resolve with the council.
- Electricity generated by the solar panels will be charged at the Fair Market Price and any energy not used by you will be exported to the grid for sole benefit of CES. CES is also entitled to all the renewable energy incentives paid by Ofgem or any other government agency.
- If you decide to buy the property, the Stoke Right to Buy Team will give you details of the process to keep the solar panels on your property. This will involve entering into a lease over the airspace of the roof of the property with CES. The lease is in a form which complies with the requirements of the UK Finance Mortgage Lenders, so this should not hold up your RTB process or create any additional costs for you.
Tenant Variation Agreement
- DEFINED TERMS
Central FIT Register means the register kept and maintained by OFGEM.
Feed in Tariff means any sums paid by energy companies and/or the government and/or any other buyer for the electricity generated from the Solar Panel System and/or the electricity which is exported to the grid or sold to any other buyer, and any other benefits, revenues, payments and allowances of any nature that arise from the micro-generation of electricity by the Solar Panel System from time to time.
MCS means the Microgenerator Certification Scheme or equivalent schemes accredited under EN45011.
OFGEM means the Gas and Electricity Markets Authority or such other authority that takes over its functions in respect of the Feed in Tariff.
PPA the power purchase agreement to be entered into between you and the Provider on or around the date of this Agreement.
the Provider means CES or any other person approved by us to install, maintain, operate, repair or replace the Solar Panel System and includes their successors in title.
Solar Panel System means any photovoltaic modules, fixings, cables, inverters, load sharing equipment, electrical storage equipment, meters, monitoring equipment and ancillary works, cabling, infrastructure and other media installed or to be installed in or on your Home from time to time together with any changes and additions made to them from time to time and the term ‘Solar Panel Systems’ shall include any part of such system as the Provider requires and/or any part of such system as the Provider installs from time to time.
- GENERAL TERMS
It is agreed as follows:
- that we are permitted to grant a lease of the air space of the roof above your Home to the Provider to give the Provider rights to receive the Feed in Tariff and to sell electricity generated to you and/or the grid; and
- that the Provider is permitted to install a Solar Panel System at your Home and retain it there. Parts of the Solar Panel System are installed in your loft space which means that we or the Provider will have the right to access your loft space from time to time.
Neither we nor the Provider are under any obligation to install a Solar Panel System at your Home.
This means that the air space of your Home is no longer let to you under the terms of your Tenancy and this has implications if you buy your Property (see Clause 5).
- that the Solar Panel System belongs to the Provider and is not part of your Home.
- that we or the Provider may connect the Solar Panel System into and use the existing electrical system within your Home.
- that the Provider is exclusively entitled to the benefit of the Feed in Tariff.
- electricity generated by the Solar Panel System may be used by you and the Provider will charge you for that electricity in accordance with the PPA
- that any electricity that you do not use will be exported to the grid for the sole benefit of the Provider.
- the part of the Solar Panel System known as the inverter may use a small amount of electricity from the electricity supply in your Home and you will not charge us or the Provider for that electricity.
- we or the Provider may at any time alter, connect into, repair, replace, upgrade, clean, maintain and/or inspect the Solar Panel System and/or use readings and data including meter readings and/or remove it from your Home either permanently or for a period of time.
- our obligation in our tenancy for us to maintain any installation for the supply of electricity at your Home does not include an obligation to maintain the Solar Panel System
- in the event of the Solar Panel System or any part of it failing and being uneconomic to repair or replace the Solar Panel System can be left in place and not repaired or replaced until such time as it is economic to repair or replace or the Solar Panel System is removed.
- the amount of electricity that the Solar Panel System may generate and which may be used by you may vary and that neither we nor the Provider are liable in any way to compensate you for any variation to the amount of electricity that may be used by you whether as a result of:
2.12.1 us or the Provider carrying out repairs, works or alterations to the Solar Panel System or removing it from your Home;
2.12.2 us carrying out repairs, works or alterations to your Home;
2.12.3 the weather, season or other factors beyond our control or the control of the Provider;
2.12.4 the age of the Solar Panel System (solar panels may become less efficient with age);
2.12.5 the Solar Panel System or any part thereof failing and being uneconomic to repair or replace; or
- any other reason
- you will tell the Provider the Meter Point Administration Number (MPAN) for your address for the purpose of accrediting the Solar Panel System with the Energy Regulator, OFGEM.
- The rights granted to the Provider may be exercised in whole or in part for the benefit of the air space leased to the Provider and any adjacent premises owned by the Provider (whether owned by the Provider now or in the future).
- OUR OBLIGATIONS
- We will tell you if the Solar Panel System is going to be installed by us or by the Provider.
- We will tell you if the Solar Panel System is going to be removed by us or by the Provider.
4. YOUR OBLIGATIONS
- You will allow us or the Provider (and our or the Provider’s employees or contractors acting on our or the Provider’s behalf) access at all reasonable times to your Home and subject to reasonable notice to install, maintain, repair, replace, alter, connect to, upgrade, remove or undertake other works to or inspect the condition of the Solar Panel System and to take and use meter readings and data.
- You will not cause any damage to or interfere with the Solar Panel System (including any cables serving the same) and pay us or the Provider any reasonable costs incurred by us or the Provider in respect of any damage caused to the Solar Panel System by you, members of your household or visitors to your Home from time to time.
- You will make sure that no trees or vegetation at your Home grow to overshadow the Solar Panel System.
- You will make sure that nothing is constructed or erected at your Home which overshadows the Solar Panel System.
- You will tell us as soon as you are aware of any damage (however the damage is caused) to either the Solar Panel System or any part of your Home to which the Solar Panel System is attached or in which it is contained.
- You agree to use the electricity generated by the Solar Panel System for personal domestic use only, not to store any electricity generated by the Solar Panel System in large storage batteries or otherwise unless such storage capacity has been provided to you by the Provider (this does not include rechargeable batteries in portable appliances such as a mobile phone, electric toothbrush or mobility scooter), and not to sell or attempt to sell any electricity generated by the Solar Panel System to anyone.
- IMPLICATIONS FOR THE PRESERVED RIGHT TO BUY AND RIGHT TO ACQUIRE
(NOTE THAT THIS SECTION IS ONLY APPLICABLE IF YOU HAVE THE PRESERVED RIGHT TO BUY OR THE RIGHT TO ACQUIRE)
- Purchasing your Property
- If you purchase your Property under the preserved right to buy or the right to acquire then you agree that unless you buy the Solar Panel System (see Clause 5.1.2) then the lease of roof space to the Provider will remain in place and once you own your Property this lease will continue, and the Solar Panel System will still be owned by the Provider and the Provider will continue to be entitled to the benefit of the Feed in Tariff.
- Purchasing your Property
- As an alternative to the lease of roof space to the Provider remaining in place then if you buy your Property under the preserved right to buy or the right to acquire you may also buy the Solar Panel System in which case you agree that the purchase price of your Property will be increased to reflect the value of the Solar Panel System and your entitlement to benefit from the Feed in Tariff.
Community Energy Scheme Agreement
PART 1 – SUPPLY CONTRACT TERMS AND CONDITIONS
- SUPPLY CONTRACT
- The terms and conditions set out in this Part 1 – Supply Contract and Part 3 – General Terms and Conditions (together the “Supply Contract Terms and Conditions”) are only for the supply of electricity from a roof top solar PV system located at the relevant property (“PV Supply”). The roof top solar PV system will consist of some or all of the following: photovoltaic modules, inverters, combiners and load sharing, electricity storage, communications infrastructure, metering and monitoring equipment, ancillary works, cabling infrastructure and other media together with the fixings and the conduits containing them.
- This PV Supply Contract includes: (a) the Acceptance Form; and (b) these Supply Contract Terms and Conditions (which may vary from time to time). Together these documents form the entire agreement between CES, whose registered office is at Unit 8 Peerglow Centre, Marsh Lane, Ware, Hertfordshire, SG12 9QP (“Us” (and where applicable “We” or “Our”) and You relating to PV Supply.
- Please note that a solar PV system will only generate electricity in the daytime and when there is sufficient light, so it is important that you maintain an electricity supply arrangement (“General Supply”) with a third party retail energy supplier (“General Supply Contract”) in addition to the PV Supply. Where We also supply your General Supply, it will be provided by Community Energy unless We notify you otherwise pursuant to clause 3 of Part 2 of the Community Energy Scheme Terms and Conditions. You will use PV Supply in priority to any General Supply and/or other supply of electricity to Your property, the PV system will be configured to do this automatically.
- We have no obligation to: (a) obtain or arrange for any back-up or General Supply for You; or (b) agree to provide any minimum level of PV Supply.
- We have the right to export and sell any electricity generated by the solar PV system which is not used by You.
- This contract is conditional upon satisfactory results of any appropriate credit or reference checks and commences from acceptance by Us on the date: (a) You agreed on the phone that We will supply You; (b) You signed an agreement with one of Our representatives; (c) We receive a completed application form asking Us to supply You; or (d) You confirm on Our website that You accept these Supply Contract Terms and Conditions; whichever happens first. In entering into this PV Supply Contract, You confirm that You accept these Supply Contract Terms and Conditions.
- We will write to you to confirm the start date for your PV Supply and your PV Supply will start from that date. In making the PV Supply, we are not acting as a utility or an electrical service provider and do not assume any obligations of a utility or an electrical service provider, including any obligation to provide electrical energy or other service or to be subject to rate review by the electricity regulator, Ofgem.
- The Price for the PV Supply from today’s date is stated in the Acceptance Form which You have signed and is fixed for that period. We will contact you approximately six weeks prior to 31 August each year to notify you of the Price for the next 12 months (starting on 1 September). This Price will be the “Fair Market Price” as defined in clause 2.2 below.
- The Fair Market Price is a fixed price for the 12 months from 1 September each year (a “Pricing Year”) and is specific to Your region.
- The Fair Market Price will be no greater than the average regional standard variable tariff of the six largest electricity suppliers in UK (the “Big Six”) in the preceding July.
- The Big Six prices are checked and calculated for us by an independent market expert so as to ensure the process of setting your Price is a fair and transparent one. The independent market expert uses data for the Big Six for the relevant period with the tariff rate and standing charges converted into a single price per kilowatt hour (“Electricity Unit”).
- The calculations made by the independent market expert will be based on industry standard values for annual consumption of Electricity Units used for comparing electricity prices. We will let you know both the Fair Market Rate and the Big Six rates so that you can see the savings that You are able to make compared to the Big Six when we notify You of the new Fair Market Price for the next Pricing Year.
- The charges will be calculated based on (a) the number of Electricity Units consumed by You in any relevant billing period, multiplied by the Price, plus (b) all taxes or levies associated or imposed on the PV Supply at the prevailing rates. VAT is added to Our charges, any increase (or decrease) in the rate of VAT will also change the amount You pay to Us.
- We will not charge You for any costs relating to the installation (and on-going operation and maintenance) of the solar PV system (including, but not limited to any internal/external wiring and/or any electrical equipment located at Your property). You will not have any right, ownership or claim upon the solar PV system which will belong always to Us or Our successors.
- You agree that: (a) we are entitled to receive all the renewable electricity benefits associated with the generation and export of electricity from the solar PV system installed at Your property; (b) We may transfer the same to any third party without Your consent; and (c) You will not do anything which may affect Our ability to receive the same.
- We will send you regular bills or statements. You will pay Us the charges calculated in clause 2.1 above in accordance with our agreed payment method. Your bill or statement will show your energy use, the Price, your estimated annual consumption and your estimated annual total bill.
- You will pay Us via direct debit unless you have a prepayment meter installed. Where you pay by direct debit, You will pay Us within fourteen (14) days of receipt of each bill.
- If for any reason We are unable to collect Your direct debit or You fail to pay Us by Your chosen payment arrangement, We will try to contact You by email and/or by phone and then by letter.
- Should any amounts remain unpaid after the date of the first reminder to You, We shall be entitled to charge interest on any unpaid amounts at the rate of three per cent (3%) per annum above Barclays Bank plc base rate. Such interest will be calculated on a daily basis from the due date until the date of actual payment of the overdue amount.
- If You consistently fail to pay We will refer Your account to a debt collection agency to work on Our behalf. Should it become necessary to instruct any external agent in recovery of arrears, or, any proceedings are instigated resulting in costs incurred with relation to your account, then any such costs may be applied as your liability. At Our discretion We may arrange for a pre-payment meter to be installed at Your property and any associated warrant related costs for this installation will be added to the tariff applied to the prepayment meter. If You refuse to have a prepayment meter installed or deny access for the installation of a pre-payment meter we will also charge you £15 for every missed payment (including each payment You have missed in the past).
- Risk or injury
- Subject always to clause 4.2 below, responsibility and risk of loss for any property damage or injury to persons caused by the PV Supply will be our responsibility up and including any meter installed in accordance with clause 5 below.
- We will not be responsible to You for any loss howsoever caused as a result of any action, failure to act or interference by You which results in property damage or injury to Your or to another third party’s person caused by the PV Supply and/or the solar PV system.
- You agree that it is Your obligation to inform Us in the event of any malfunction or emergency of or related to the solar PV system or electrical systems at your property that creates an imminent risk of damage or injury to person or property, You will immediately contact us and You may (but will not be obligated to) take such action as You deem appropriate in order to prevent such damage or injury, at Your own cost.
- You will tell us as soon as you are aware of any damage to or related to the solar PV system or the electrical systems at the Property (however the damage is caused). If You are unsure whether there is any damage, please call Our customer service department on01782 980044or by email to email@example.com (quoting Your account number).
- You will not interfere or tamper with or alter the solar PV system (in whole or in part, whether physically or by obstructing the solar PV system) at Your property as this could decrease the output or efficiency and / or performance of the solar PV system. You will be liable for all damage caused as a result of Your interference with the solar PV system.
- Meters, inspection, testing and operation
- The PV Supply will be measured using one or more meters which we reserve the right to have installed and will be owned by Us or Our agent. The meter(s) will be installed at appropriate locations at Your property in order to measure and record the net electrical energy generated by the solar PV system and the Electricity Units forming the PV Supply.
- We reserve the right to test the relevant meter(s) periodically at our expense.
- Termination of Supply Contract
- You must continue to pay Us for all electricity provided by us under the PV Supply until the expiry of this PV Supply Contract (“Expiry Date”) (or such earlier date as agreed between you and us).
- We reserve the right to terminate this PV Supply Contract with you at any time upon 14 days written notice.
- Should You: (a) fail to pay Us for the PV Supply; or (b) have committed a breach of this PV Supply Contract or the law generally, We may end this Supply Contract with You without further notice. You shall remain responsible and liable for payment of all the electricity supplied under the PV Supply up to and including the date of termination. Such sums will become immediately due and payable by You to Us.
- Should You intend to leave the property at any time prior to the Expiry Date, You should give Us a minimum of 30 days written notice (and provide Us with Your new address). Failure to give Us this notice may result in You having to continue to pay Us for the PV Supply. You will not be responsible for paying for the PV Supply from the earlier of: (a) the date that you leave the property; or (b) the day which the new occupier signs a PV Supply arrangement with Us.
- Save for clause 7 below, You may only terminate this Supply Contract if You decide to leave Your property.
- Customers right of cancellation
- You may cancel this Supply Contract by giving Us written notice within 14 days of its commencement.