Business Terms

Standard conditions for the supply of gas and electricity

The following Terms and Conditions govern all Sites for which you hold responsibility and to which we provide Energy. These general terms are applicable alongside the Product Terms specific to your Site(s), as detailed in the Proposal. The Proposal outlines which Product Terms are relevant to your Site(s).

 

In these Terms and Conditions, certain words are capitalised to signify their specific definitions. These meanings can be found in Clause 25, which also offers guidance on interpreting particular words or phrases.

 

To determine if you qualify as a Microbusiness Customer, we adhere to Ofgem's definition of a microbusiness (ofgem.gov.uk/key-term-explained/micro-business-consumer). If you are a Microbusiness Customer, specific provisions within these Terms and Conditions may not apply to you. However, if your status changes and you are no longer a Microbusiness Customer, these provisions may become applicable. It is your responsibility to reasonably inform us if you are, become, or cease to be a Microbusiness Customer at any point during the Contract.

1. Contract

  1. Under the terms and conditions of the Contract, we agree to supply, and you agree to receive Energy at your Site(s).

  2. Your Contract with us comprises these Terms and Conditions and the Proposal.

  3. The Contract starts on:

    1. the Contract Start Date when we counter-sign the Proposal and lasts until the later of the End Date (unless terminated earlier per these Terms and Conditions) or until no Metering Points are Registered to us under the Contract; or

    2. the date you move into a site and begin using the supply. A Deemed Contract will be in effect until you either agree to a new contract or change suppliers.

  4. In the event of any discrepancy between these Terms and Conditions and the Proposal or any other contract document, these Terms and Conditions will take precedence unless otherwise agreed in writing.

  5. The Charges and any additional terms and conditions displayed on the Proposal are applicable for the duration of your Agreed Supply Period, except where they are explicitly modified in accordance with these Terms and Conditions.

  6. When entering into this Contract with you, we warrant that we possess a valid Licence to Supply under the relevant Act.

  7. Upon entering into this Contract with us, you warrant that:

    1. we will be the exclusive supplier at each Metering Point for the duration of the Contract;

    2. your previous supplier has no grounds to raise a transfer objection under your contract with them; and

    3. all information provided by you or your agent is accurate and will remain so throughout the Contract term unless altered by agreement with us.

  8. When entering into the Contract, you confirm that:

    1. you have informed us about any on-site generation or Automated Meter Reading Equipment at the Site; and

    2. you have supplied us with the name, address, and phone number of your landlord if you are a tenant of the site you occupy. If any of this information changes during the Contract, you must notify us at least one Month in advance or as soon as possible thereafter.

  9. If any of the warranties or conditions in this clause cease to be met during the Contract concerning one or more Metering Points, we may terminate the Contract for that Metering Point or, at our option, all Metering Points, and Clause 16 will apply.

  10. While seeking to have us registered as your supplier, you must not attempt to extend your current contract with your existing supplier or enter into a new contract with another supplier. 

  11. At our discretion, each Metering Point at a Site may form an individual Contract.

  12. If we continue as the Registered supplier for any Metering Points after the End Date, either:

    1. we will have entered into a new Contract for Supply to the Site(s) with you; or

    2. all Metering Points at the Sites have been permanently isolated. If none of the above conditions are met, the Contract will continue, and you shall be charged at our Deemed Rates.

  13. If we do not already Supply the Site, we will aim to commence Supply at the Site within 30 working days of the Contract Start Date unless you ask us to start the Supply at a later date (for example, if a later date is specified in the Proposal).   

  14. The transfer of your Supply may be delayed:

    1. if we have taken reasonable steps to obtain all the information required to commence Supply at the Site but, for whatever reason, we do not have all of the required information to commence Supply; or

    2. if your existing supplier blocks the transfer to us; or

    3. due to circumstances outside of our reasonable control.

  15. We reserve the right to cancel your Contract if we are unable to transfer your Site(s) from your existing supplier(s) for reasons outside of our reasonable control or if you provide us with false, incomplete or inaccurate information. If we cancel the Contract in these circumstances, we will not be liable for any costs which you incur.  

  16. We will only Supply Energy to you under the Contract if:

    1. you confirm to us that:

      1. you have the authority to enter into the Contract to purchase Energy for the Site; or

      2. any TPI on your behalf has this authority and this is evidenced by a relevant letter of authority that has been accepted by us;

      3. you are the owner or occupier of the Site;

      4. if you are a sole trader, you are aged 18 or over;

      5. if you are a partnership or other unincorporated organisation, you and the other partners or officers will be jointly and severally liable under the Contract;

    2. you have passed our credit checks, and if we’ve asked you to, provided us with a security deposit, bond or acceptable guarantee;

    3. you have terminated your agreement with your previous supplier; and

    4. each Metering Point is connected to the Network.

  17. We will not have any liability to you where Registration of one or more Metering Points is delayed beyond the Supply Start Date, i.e. the date on which we proposed to commence supply, due to circumstances beyond our reasonable control.  

  18. In the event that we cannot Register a Metering Point for any reason beyond our control including, but not limited to, your previous supplier raising a transfer objection, and despite our reasonable efforts the issue is not resolved two weeks after the Supply Start Date, it will be considered a material breach of the Contract and you may be deemed to have wrongfully terminated the Contract in which case the provisions of Clause 16 shall apply. In such cases, a fee will be payable equivalent to no more than 25% of the Estimated Annual Consumption divided by 12-months and then multiplied by the total number of full months remaining in the Fixed Term Period. In addition, any advance payment will be forfeited and retained by Us.

  19. if you enter into a Contract with us for a Meter Point with one or more Related Metering Points to which you have not entered into a Contract with us, then these related metering points may also start to be supplied by us. This may result in a Deemed Contract between us in relation to those Related Metering Points. 

  20. If you enter into a Contract with us in relation to Related Metering Points and your previous supplier raises an objection to the transfer of any of the Related Metering Points then that objection will be deemed to have been made in relation to each of the Related Metering Points for the purposes of the Contract. 

  21. If you enter into a Contract with us in relation to Related Metering Points each Related Metering Points 

  22. at a Site may, at our discretion, form an individual Contract in its own right. 

  23. Your Network Operator is in charge of maintaining the Network and the connection of the premises to the Network. The performance of utilities provided to you is managed by your Network Operator, not us. If needed, we can provide you with the contact details of your Network Operator.

  24. We are acting on behalf of your electricity supply Network Operator to establish an agreement with you. This agreement is the National Terms of Connection (NTC), which governs your relationship with your Network Operator. By entering into this agreement, you agree to the terms and conditions of the NTC agreement, which have implications for your legal rights. The NTC agreement outlines your rights and obligations in regard to the connection at which your Network Operator supplies or receives electricity from your home or premises. If you want a copy of the NTC agreement or have any queries about it, please contact Energy Networks Association, 6th Floor, Dean Bradley House, 52 Horseferry Road, London SW1P 2AF: phone 0207 7065 137, or visit www.connectionterms.org.uk.

  25. If you enter into a Contract with us on a Product called "Larva" or a "Rating Tracker" the following terms apply: https://jellyfish.energy/policies/rating-tracker-product-terms

 

2. Deemed Contract

  1. If you are or become responsible for a Site that we supply but you have not entered into a Contract with us for the supply of Energy to the Site or any such a Contract with us has been terminated, then you shall be considered a Deemed Customer and our supply of Energy to the Site shall be charged at our Deemed Rates, found at https://jellyfish.energy/energy/deemed-rates and as updated from time-to-time. Your status as a Deemed Customer shall apply until the date:

    1. you agree a Contract for the supply of Energy to the relevant site with us.

    2. you transfer your supply of Energy to the site to another supplier.

    3. your supply of Energy for the relevant Site is Disconnected.

  2. The Deemed Contract will come to an end when any of the following conditions are met:

    1. You enter into a Contract with us;

    2. You switch to another Supplier, effective from the date your new Supplier assumes responsibility for your Supply;

    3. Another party takes responsibility for the Site;

    4. Your supply is Disconnected at your request and expense; or

    5. You have submitted a termination notice for the Deemed Contract, requiring no less than 28 days, provided that on the last day of the notice period, your Supply is either switched to a different Supplier or Disconnected.

 

3. Term and Renewals

  1. You may end the Contract by providing a minimum of 90 days' notice prior to the conclusion of any Fixed Term Period. In such cases, the termination will take effect upon the completion of the relevant Fixed Term Period;

  2. Unless terminated in accordance with this Clause, the Contract will automatically renew after the expiration of each Fixed Term Period, continuing for the duration (not exceeding 12 months) specified by the Supplier to the Customer. If no such notice is given, the Contract will extend for an additional 12 months. The Supplier commits to provide this notice, when possible, at least 14 days before the Fixed Term Period ends.

  3. If the Contract is terminated in line with this Clause and the Customer's Supply Premises continue to be registered with the Supplier beyond 30 days after the Fixed Term Period expires, the Supplier may decide that the Customer's termination notice is considered withdrawn. Consequently, the Contract will renew according to this Clause, as if the termination notice was never submitted.

 

4. Charges and Payments

  1. You are required to make payment of the Charges on or before the specified Due Date.

  2. Without prejudice to Clause 2, if the Proposal indicates that a Third Party Cost is:

    1. "Fully Fixed", the said cost will remain unchanged throughout the Agreed Supply Period (or the duration outlined in the Proposal, if specified differently), regardless of any fluctuation in the Supplier's cost for that Third Party Cost.

    2. "Fixed", the said cost will remain unchanged throughout the Agreed Supply Period (or the duration outlined in the Proposal, if specified differently). If the Supplier's cost for the Third-Party Cost goes up or down, then the fees may also be increased or decreased accordingly from time to time..

    3. "Passed Through", the Supplier may adjust the value of the Third-Party Cost as needed. If the Supplier's cost for the Third-Party Cost goes up or down, then the fees may also be increased or decreased accordingly from time to time.

  3. The Customer will be supplied under the Contract with the Supplier’s electricity supply product described in the Proposal. In addition, the Proposal sets out how the Customer’s Third-Party Costs will be applied. The Proposal shall always apply for the purposes of the Contract.

  4. Third Party Costs may be billed separately or included in the Charges. If the exact amount of any change in a Third-Party Cost is unknown, the Supplier may use their best estimate for such change and reconcile the difference between the amount paid by the Customer and the actual cost as it becomes known periodically.

  5. If the methodology for determining any Third-Party Cost changes from what was in place on the Contract Effective Date, or if there are unforeseeable changes to Third Party Costs, and this results in an increase in any Third Party Cost that the Supplier cannot reasonably absorb, the Charges will be increased by the full amount of that increase, effective from the date of the change. This applies even if the Third-Party Cost is described as "Fixed" in the Proposal.

  6. In addition to any other provisions of these Terms and Conditions, the Supplier may vary the Charges or pass through any higher or additional costs:

    1. If the information provided by you, your representative, or Agent is inaccurate or incomplete;

    2. If any modifications to your Supply after the Contract date lead to an increase or decrease in third-party charges;

    3. When a pass-through of Charges is specified in the Proposal;

    4. When pass-through of third-party charges is not specified in the Proposal, but a change in such charges occurs due to alterations in law, industry agreements, costs under any industry agreements that could not have been reasonably anticipated or foreseen by us, or significant changes introduced by the Authority or resulting from a substantial shift in the structure of third-party charges or the methodology used to calculate them;

    5. You lack or cease to use your own Agents; 

    6. Due to any directions or requirements from the Secretary of State under the Act or any legislation or regulations that determine Energy pricing for suppliers during emergencies of a civil, Energy Supply, or other nature;

    7. We may issue a revised Contract to you, as reasonably necessary, to accommodate any changes to the Acts, Industry Agreements, or other statutory, regulatory, or common law provisions applicable to the electricity supply industry as a whole. This may include adjustments to the Charges to account for industry changes, market shifts, or price volatility. Such changes may take effect on the day of notification, and in such cases, we will write to inform you of the changes and explain their impact on the Contract. If these changes occur, we may modify these terms, but only to the extent required to reflect any new obligations and/or costs imposed on us.

  7. The Supplier may send invoices to You on a monthly basis in arrears, unless otherwise specified in the Proposal.

  8. Unless otherwise stated in the Proposal, payments should be made via Direct Debit. 

  9. If you fail to provide or cancel a Direct Debit Mandate or for whatever reason the Direct Debit is not collection we will resubmit the request for the Direct Debit within 2 (two) days of the initial Direct Debit Collection. 

  10. If the Supplier does not receive a payment by its Due Date or is unable to collect it, the Supplier may:

    1. give you notice to terminate this agreement for your irremediable material breach pursuant to Clause 16 if the direct debit is not re-instated and full payment is not received within three business days following the resubmission as described above; 

    2. apply a Late Payment Fee of £200;

    3. may carry out a credit assessment and require that you put in place a security deposit;

    4. assign the collection of any unpaid amount to a debt recovery agency;

    5. de-energise or disconnect the Supply of Energy to any or all of the Premises;

    6. add interest in respect of any amount remaining unpaid by you after the Due Date at the Bank of England Base Rate plus 8% (eight) which will accrue daily on late payments from the date upon which the payment was due until the date that payment is received.

    7. Seek reimbursement from the Customer for all costs, losses, and expenses the Supplier has incurred or experienced due to the Customer's failure to pay the relevant amount.

  11. If there's a legitimate dispute regarding any payment under the Contract, the uncontested part of the relevant amount should be paid as outlined in the Contract. The disputed amount should be paid within seven (7) working days after the dispute is settled. The Customer is not permitted to subtract or offset any payments due under the Contract against any sums owed by the Supplier.

  12. The Charges for the electricity supplied to the Premises will be based on the quantities recorded by the Metering System. This may be an estimate provided by the Supplier, actual half-hourly meter readings for Half Hourly Metered Premises, or actual meter readings for Non-Half Hourly Metered Premises.

  13. Unless the Proposal states otherwise, any costs related to the appointment of any Agent by the Supplier, as well as any fees the Supplier pays to a broker (or other introducer or agent) hired by the Customer, are not included in the Charges. These costs will be passed on to the Customer through an increase in the Charges.

  14. All Charges and amounts due from the Customer to the Supplier under the Contract do not include Value Added Tax and Climate Change Levy. The Customer shall pay these taxes, if applicable, at the prevailing rate.

  15. The Supplier may raise the Charges to account for the Customer's fair share of any costs the Supplier incurs due to directions given under Section 34 or Section 96 of the Act.

  16. When applicable, the Customer should send the Supplier completed Supplier VAT Certificates for qualifying use and/or completed HM Revenue & Customs Climate Change Levy Certificates (PP11 forms) at least five (5) working days before they are applied. If the Customer is eligible for a reduced rate of VAT and/or Climate Change Levy, the Charges will be based on the percentage of qualifying use specified in the Supplier VAT Certificates and/or PP11 forms. The Supplier will only adjust the percentage of qualifying use for VAT and/or Climate Change Levy if the Customer submits revised Supplier VAT Certificates and/or PP11 forms at least five (5) working days before they are applied. The Supplier is not required to retroactively apply late PP11 forms and is not liable for any delays in receiving them.

  17. If the Proposal states "Renewable Electricity," the electricity provided at the Premises will be from Renewable Sources, and the Supplier is entitled to charge the Customer the Renewable Premium outlined in the Proposal.

  18. It is essential that you include your account number when making a payment to ensure its proper allocation. If a payment is made without an account reference, we might be unable to associate the payment with the correct account. In cases where we cannot match the payment to the appropriate account, we reserve the right to deduct any costs incurred in allocating your payment to your account from the payment itself.

  19. Notwithstanding any other provision of this agreement, we may vary any charges, including the agreed Supply Rates or pass through to you any higher or additional costs if any information provided by you, your representatives or subcontractors is untrue, incomplete, inaccurate or out of date.

5. Maximum and Minimum Consumption

  1. At the end of each Fixed Term Period, and from time-to-time, we will calculate your Actual Consumption during that Fixed Term Period. If your Actual Consumption during that Fixed Term Period deviates by at least 10% from the Total Anticipated Consumption for that Fixed Term Period, we will be entitled to impose Charges on you. You agree to pay such Charges, calculated based on our Out of Contract Rates (in addition to other Charges), for the difference between (i) the Actual Consumption during that Fixed Term Period, and (ii) the Total Anticipated Consumption for that Fixed Term Period. For clarity:

    1. if (i) no Supply Point has been registered to us within 30 days of the Supply Start Date, or (ii) for reasons beyond our control, all of the Premises have not been Registered to us or any Supply Point has not been connected to the relevant electricity or gas distribution network within 30 days from the Supply Start Date, then the provisions of this Clause shall apply, and the calculation of Charges shall be based on the Actual Consumption being zero for the relevant Supply Point(s) and/or Premises (as applicable); and

    2. if this Agreement (and consequently, a Fixed Term Period) expires or is terminated early, the Total Anticipated Consumption will be calculated as if this Agreement had not expired or been terminated early.

  2. If this Agreement expires or is terminated for any reason, we will be entitled to demand Charges from you pursuant to this Clause.

  3. If the final period of the Initial Fixed Term or any extension to the Fixed Term is not a complete year (other than as a consequence of this Agreement being terminated early), the Anticipated Consumption for that final period will be adjusted on a pro-rata basis for calculating the Total Anticipated Consumption.

  4. If we terminate this Agreement under Clause 1,  Clause 9, or Clause 21, or as a result of a material breach of this Agreement by you, then without prejudice to any other rights we may have (whether under this Agreement or otherwise), we will be entitled to charge you a termination fee equal to 150% of the Estimated Annual Consumption divided by 12 months, then multiplied by the total number of full months remaining in the Fixed Term Period. For clarity, our rights under this Clause are in addition to, and do not replace or impose any limitation on, our rights under Clause 17.

6. Metering and Agents

  1. Upon our request, at any time and from time to time, you will supply us with accurate and complete details of the metering equipment and meter reading arrangements in place for each of the Premises. You will notify us as soon as possible when any changes are made to a Supply Point, metering equipment, or meter reading arrangements related to that Supply Point, or if any damage or interference occurs to the metering equipment.

  2. We may request a meter reading from you before we begin supplying your gas or electricity. We reserve the right to use a different meter reading if we read the meter and obtain a different reading. If you disagree with a meter reading, you must inform us within six months of receiving an invoice based on that meter reading.

  3. If, for any reason, it becomes necessary to change the metering equipment or meter reading arrangements during the term of this Agreement for any or all of the Premises (including, but not limited to, cases where the metering equipment or meter reading arrangements do not comply with the requirements of the Acts or Industry Agreements or we are unable to calculate the Charges payable by you under this Agreement), we will have the right to arrange the installation, maintenance, or replacement of the metering equipment and/or modify the meter reading arrangements for such Premises.

  4. If we incur any costs, expenses, or charges in connection with the installation, maintenance, or replacement of metering equipment or changes to meter reading arrangements as per Term 9.4, you will pay the full amount of such costs, charges, and expenses to us within 14 days of demand.

  5. We are not responsible for any faults in metering equipment that we do not own or provide to you.

  6. You shall not cause damage to or tamper with the Metering System and shall take all reasonable precautions to ensure that no other person can do so.

  7. You shall:

    1. ensure that the Metering System is always protected from damage and is easily accessible by the Supplier or any relevant Agent for safe and secure inspection, maintenance, and reading;

    2. provide any information about the Metering System as reasonably requested by the Supplier from time to time.

  8. If either Party disputes the Metering System's accuracy, the Supplier shall arrange an inspection and test. If the Metering System is found to be:

    1. operating outside the tolerance defined by the relevant Industry Rule code of practice, you shall bear all costs arising from or associated with the inspection and test;

    2. operating within the tolerance defined by the relevant Industry Rule code of practice, the disputing Party shall bear all costs arising from or associated with the inspection and test.

  9. You shall inform the Supplier promptly upon becoming aware of any queries or disputes regarding the Metering System or its operation.

  10. You shall indemnify us against all liabilities, costs, expenses, damages, and losses (including, but not limited to, direct, indirect, or consequential losses, loss of profit, loss of reputation, all interest, legal costs (calculated on a full indemnity basis), and all other reasonable professional costs and expenses) that we, our agents, and contractors may suffer or incur in connection with (i) your interference with electricity or gas metering equipment, and (ii) the theft of electricity or gas at any Premises.

  11. The "Supply Capacity" on the Proposal is an estimate. We will bill you for Capacity based on information provided by your Network Operator periodically. To change your Capacity, you must obtain prior approval from your Network Operator. We will pass on to you any reactive charges or excess capacity charges imposed on us by the Network Operator.

  12. For sites with a Maximum Demand of 100 kW or more requiring a Half Hourly Meter, you must provide suitable metering equipment, including a permanent, functioning communication facility. We will terminate any existing Agreed Supply Period from the date of the new equipment installation and offer you a new Contract. We may charge you for any reasonable costs incurred due to failure to provide the necessary equipment.

  13. For all Half Hourly electricity Metering Points, you must have an agreement with a Meter Operator for metering equipment provision and maintenance. For all other Metering Points, you can request that we appoint a Meter Operator and Data Collector of your choice.

  14. In all cases, you must provide us with at least one calendar month's notice before the appointment takes effect, and you will be liable for any costs and liabilities we reasonably or inevitably incur as a result of any appointment. We may reject or delay the appointment of a Meter Operator or Data Collector of your choice if we have reasonable grounds for doing so. You must not have more than one Meter Operator, Data Collector, or Data Aggregator at any given time to perform the relevant Agent Service for each Metering Point. All Meter Operators, Data Collectors, and Data Aggregators must be Qualified. If your Meter Operator or Data Collector ceases to be Qualified, we will appoint a replacement and recover any reasonable costs incurred from you. You agree to indemnify us for any costs and expenses we may incur in relation to the appointment of a Meter Operator or Data Collector under this agreement.

  15. From time to time, we will request meter readings from you. If these are not provided within 7 days of request, then we reserve the right to add a charge to your account of £150 per instance.

7. Disconnection of Supply

  1. The Supply to any Supply Point may be temporarily or permanently discontinued, de-energised, disconnected, or altered:

    1. in accordance with the Acts or any other law or industry agreements related to the supply of electricity and/or gas;

    2. if we suspect metering equipment tampering;

    3. if any Authority, Agent, or network operator instructs us to do so;

    4. in accordance with this Clause below, if you fail to make the required security deposit payment under this Agreement;

    5. in case of accidents or emergencies;

    6. to prevent or minimise the risk of danger;

    7. in the event of any breach of this Agreement by you (including, without limitation, failure to make any due payment to us under this Agreement by the Due Date or in accordance with any agreed-upon payment plan);

    8. to facilitate maintenance work;

    9. under circumstances beyond our control that prevent us from supplying you;

    10. to prevent failure or interference in our supply of electricity and/or gas to others caused by your non-compliance with the terms of the Acts or any other law or Industry Agreements; and

    11. in accordance with the terms of your electricity connection agreement with the relevant electricity distribution network operator.

    12. If there is an outstanding balance on your account which is over 30 days overdue.

  2. If the Supply is temporarily or permanently disconnected or altered due to your actions or omissions, we reserve the right to charge you a restoration fee before restoring the Supply.

  3. Title and risk related to electricity and/or gas that form the Supply shall pass to you at the Supply Point(s).

8. Access to Premises

  1. The Customer must grant access to the Premises to the Supplier, its authorised representatives and agents, the Network Operator, and the Network Operator's authorised representatives as needed for purposes related to the Contract. This includes, but is not limited to, tasks like maintaining and testing the Metering System, the communications system, installing meters, reading meters, and de-energising, disconnecting, or reconnecting the supply to the Premises.

  2. Whenever possible, anyone needing access to the Premises will aim to give the Customer a reasonable amount of advance notice before requiring such access.

9. Security Deposits and Credit Checking

  1. You agree that we may check your credit status with Credit Agencies and/or assess your credit standing before offering or continuing to provide any Product to you. You consent to the use of your data for this purpose and the sharing of this data with Credit Agencies.

  2. For non-limited companies, we may perform credit checks on all officers or partners. For limited companies, we may perform credit checks on all directors. It is your responsibility to ensure that the necessary consents have been obtained from any individual subject to a credit check by us.

  3. If we have reasonable concerns about your credit status and ability to pay the Charges after conducting a credit check, we reserve the right to request a Security Deposit before the Contract Start Date (or at any time during the Contract while continuing to supply your Premises).

  4. If your credit risk increases at any point during the Contract, as determined by us at our discretion, or your account with us becomes overdue, we may:

    1. demand payment for all outstanding invoices;

    2. demand a Security Deposit be arranged or require an increase to any existing Security Deposit;

    3. request written confirmation from your legal representative that your business remains a going concern;

    4. report your status to a Credit Agency;

  5. Failure to comply with the above conditions shall be considered an irremediable material breach of the agreement, and we may terminate this agreement according to Clause 16.

  6. We will return any remaining Security Deposit balance after deducting any amounts owed to us within a reasonable time following the termination of this agreement. No interest will be payable on Security Deposits. 

10. Objection to Transfer

  1. We reserve the right to refuse your transfer to another Supplier in the following circumstances:

    1. your account has outstanding debt;

    2. your new Supplier has contacted us and we have mutually agreed that the transfer request was made in error;

    3. your new Supplier's request pertains to a metering point that is a Related Meter, and they have not applied to register all the Related Meters for the same start date on the same working day;

    4. you have explicitly requested us to object to the transfer.

  2. We will always object to your transfer to another Supplier if the start date of your new Supply falls within an ongoing Fixed Term Period.

11. Change of Tenancy

  1. If you cease to own or occupy the premises, you commit to notifying the Supplier with as much advance notice as possible, ensuring a minimum of 30 days.

  2. You must furnish the Supplier with your updated address and the information of the new owner or occupier of the premises.

  3. We require that you provide documentation and any other evidence deemed reasonable at the sole discretion of the Supplier for validation of the change of tenancy. This includes, but is not limited to, lease agreement, purchase agreements, solicitors letters, business rates confirmation, insurance documentation, landlord name, legal entity, contact number, email address, and postal address and any other reasonable documentation.

  4. We will not process any request with an effective date beyond 30 days from the point of notification.

  5. We reserve the right to validate any request with the landlord before accepting the request.

  6. If you vacate, lease, or sublease a site while still having outstanding debts with us, this Contract will remain in effect until you have settled all outstanding payments owed under this Contract.

  7. You will remain responsible for all Charges and other amounts due to the Supplier under this agreement until the conclusion of your notice period, or when a new owner or occupier assumes responsibility for the registered meter point, or the supply is permanently disconnected by the Supplier or the Network Operator.

  8. If you are relocating from the premises, you must provide accurate readings for all relevant metering equipment at least two (2) business days prior to your moving date.

  9. You will remain responsible for charges under this agreement until a new owner or occupier assumes responsibility for the metering equipment at the premises, or the supply is permanently disconnected by us or the DNO.

  10. If the Supplier has reasonable grounds to believe that you are attempting to transfer tenancy/occupancy to a related entity, the Supplier may, at their sole discretion, decide not to terminate the agreement and will inform you in writing.

  11. In the event that you relinquish ownership or occupancy of the Site within the initial three months of the Fixed Term Period, we reserve the right to terminate this Contract and impose an Early Change of Tenancy (COT) Termination Fee. However, we may choose to waive the Early COT Termination Fee if you designate us as your Supplier for the new site you move to.

  12. The calculation for the Early COT Termination Fee is as follows:

    1. A £500 administrative fee; plus

    2. 75% of the Estimated Annual Consumption divided by 12 months, then multiplied by the total number of full months remaining in the Fixed Term Period.

12. Microbusiness

  1. If you satisfy the definition of a Micro-Business customer, then this is a Micro-Business Contract. Under our Supply Licences some businesses defined as Micro-Businesses are given special protection. It is your responsibility to inform us if you meet the definition of a Micro-Business or at any time you cease to be a Micro-Business.

  2. If you are a microbusiness customer, you will:

    1. be provided with details of the principal terms and conditions for microbusiness customers, which will apply in addition to these general terms;

    2. receive copies of the general terms and a statement of the renewal terms that will apply at the end date within ten (10) days of entering into the agreement;

    3. be contacted at least sixty (60) days before the end date with details of the options available to you; and

13. Third Party Intermediary (TPI)

  1. Any costs or fees payable by the Supplier to a TPI (or other introducer or agent) who is engaged by You are excluded from the Charges and will be passed through to the Customer by means of an increase in the charges. 

  2. As a Microbusiness Customer who has been switched to our service by a TPI, you are entitled to full transparency regarding any brokerage costs incorporated in your contract term. This information will be displayed in our Proposal.

  3. If you are not a Microbusiness Customer, it is your obligation to inquire about and comprehend the nature of any commission with your TPI. By failing to gain a complete understanding of such commission, you relinquish any rights or claims you may possess in connection to the commission.

  4. If you contest any commission, you should attempt to resolve the dispute with your TPI. We are not required to refund any part of our Charges that you have paid, regardless of whether that portion is related to a TPI's commission, in the event of such a dispute.

  5. We will not engage in discussions related to the Contract with a TPI unless we have received a valid letter of authority from you, which is acceptable to us, granting us permission to do so. You may update your authorisation at any time by providing us with a new letter of authority. 

  6. Any prior letter of authority will be terminated when the new letter of authority takes effect. You can revoke your letter of authority at any time by notifying us in writing of your decision. 

  7. We will only accept a letter of authority which was signed in the last 12-months.

  8. If there is a legal or regulatory reason that requires us to contact you directly rather than your TPI, you acknowledge that you are the contracting party, and we reserve the right to directly contact you to discuss any aspect of the Contract.

14. Complaints

  1. If we make an error, we aim to address the issue as promptly as possible. You can find details of our complaints handling process on our website at https://jellyfish.energy/policies/complaints, or feel free to contact us at 0345 222 3030.

  2. If you are a Microbusiness Customer and remain dissatisfied after following our complaints procedure, you can refer your complaint to the Ombudsman Services: Energy (ombudsman-services.org/energy) if:

    1. your complaint has not been resolved after eight weeks; or

    2. we have sent you our final response to your complaint (known as a 'Deadlock Letter'), and you are still unhappy.

15. Fraud Prevention and Theft

  1. In the event that we detect potential tampering with any Meters or the power service at any Property, indicative of potential fraud or electricity theft, we will document these suspicions on your account. This data may be disseminated to regulatory authorities, your landlord, alternative energy companies, and any institution dedicated to countering fraud and electricity theft. This may encompass recording sensitive personal details such as any allegations of criminal activity against you. Furthermore, we might utilise this information to assist us in establishing your payment terms and any prospective product or service offerings we might extend to you in the future.

  2. Any data shared by us with the third parties mentioned in this Clause might persist in use for preventing and identifying fraud or energy theft, even after we have stopped providing electricity to the Properties.

  3. In instances where we suspect fraudulent activities or electricity theft, we commit to undertake all reasonable measures to investigate, prevent such incidents, and recover any Charges that remain unpaid due to this suspected fraud or theft.

 

16. Termination

  1. The Supplier may immediately terminate the Contract for any Premises that the Customer ceases to occupy, effective from the date the Customer no longer occupies such Premises.

  2. The Contract will terminate instantly for all Premises when the Supplier no longer possesses a Supply Licence.

  3. The Supplier may send a written notice to the Customer to terminate the Contract for all or specific Premises, effective from the date mentioned in the notice, under the following situations:

    1. The Customer fails to make any payment due under the Contract;

    2. The Customer breaches any warranty given under the Contract;

    3. The Customer commits a significant violation of the Contract;

    4. The Customer seriously breaches the Connection Agreement;

    5. The Customer is deemed unable to pay its debts as outlined in Section 123 of the Insolvency Act 1986;

    6. The Customer presents or has presented a petition for a winding-up order;

    7. The Customer appoints or announces plans to appoint an administrative receiver or receiver over any part of its business;

    8. A change in applicable law prohibits or prevents the Supplier from offering an Energy Supply;

    9. The Customer fails to provide Initial Credit by the Initial Credit Payment Date or Credit in the amount required by the Supplier, in compliance with Clause 9;

    10. The Actual Supply Start Date for a Premises is delayed beyond the Intended Supply Start Date due to no fault of the Supplier;

    11. The Customer breaches the Clause 21, and in accordance with the Clause 21;

    12. The Customer initiates or attempts to initiate a Green Deal Plan for any Premises;

    13. The Customer does not provide an adjusted consumption forecast within 14 days of the Supplier's request;

    14. The actual consumption deviates from the nominated annual consumption by more than or less than 150%;

    15. The Customer stops consuming Energy at one or more Premises;

    16. The Customer alters the payment method without the Supplier's prior written consent;

    17. A Material Adverse Change continues for an uninterrupted period of 30 days or more, and the Supplier notifies the Customer.

  4. If the Customer continues to consume Energy at any Premises after the Termination Date without a new agreement with the Supplier or another Energy Supplier, the Supplier will charge electricity consumption at the Out of Contract Rate. All other Contract terms and conditions will still apply, excluding Supplementary Terms, and references to Charges will be replaced with Out of Contract Rates.

  5. If the Contract is terminated for any Premises, or due to the Insolvency Order 2015, or if a payment is required under Clause 4, the Customer shall fully indemnify the Supplier for any costs, losses, expenses, or charges incurred due to early termination and any other costs incurred in continuing the supply until the Supplier is no longer Registered for the Premises, or the Customer and Supplier enter a new Electricity Supply contract. Costs may include selling electricity at a lower price than initially purchased, the Supplier's Standard Profit Margin on the electricity they reasonably expected to supply to the Premises, and reasonable administration costs related to terminating the Contract for the Premises.

17. Consequences of Termination

  1. Upon termination of this Agreement for any reason, you shall promptly pay all outstanding unpaid invoices and interest. For any Supply not yet invoiced, we will issue an invoice, which you must pay immediately upon receipt.

  2. You shall promptly pay all other Charges due under this Agreement (including, but not limited to, Charges pursuant to Clause 5 immediately upon receipt of an invoice from us.

  3. The accrued rights, remedies, obligations, and liabilities of both parties as of the termination date shall not be affected. This includes the right to claim damages for any breach of the Agreement existing at or before the termination date.

  4. Any provisions of this Agreement that, by their nature, should continue in effect after termination shall remain in full force.

  5. If you terminate this Agreement during the Fixed Term, any of the listed Terms apply, or we terminate the Agreement due to your material breach, you shall indemnify and hold us harmless for any costs, charges, expenses, liabilities, and other losses (including, without limitation, losses referred to in Clause 19 that we incur in connection with the termination or related circumstances. Our rights under this clause are in addition to, and do not replace, our rights under Clause 5.

  6. If this Agreement is terminated in accordance with the "Change of Tenancy" clause, you shall indemnify and hold us harmless for any costs, charges, expenses, liabilities, and other losses (including, without limitation, losses referred to in Clause 19) that we incur in connection with the termination.

18. Indemnities

  1. The Customer shall pay the Supplier and fully indemnify the Supplier against:

    1. i. any costs, losses, or charges suffered or incurred by the Supplier as a result of the Customer exceeding the Maximum Capacity at any of the Premises, including but not limited to costs, losses, or charges associated with de-energising, disconnecting, or reconnecting the Energy Supply to such Premises;

    2. ii. any costs, losses, or charges of any nature suffered or incurred by the Supplier due to the Customer's failure to comply with the "Metering" or "Access" Clauses, including but not limited to costs arising from the repair or replacement of the Metering System; and

    3. iii. any tax, levy, duty, or impost of any kind (excluding corporation tax or similar tax replacing corporation tax on the Supplier's profits and gains) that may be charged, levied, or imposed on the Supplier in relation to goods or services provided under the Contract, including but not limited to Climate Change Levy, Fossil Fuel Levy, Capacity Market Charges (excluding Capacity Market Settlement Costs), CCS Supply Levy under section 4 of the Energy Act 2010, or other environmental tax.

19. Liability for Loss or Damage

  1. Our liability shall not be limited or excluded for:

    1. death or personal injury resulting from our negligence or the negligence of our employees or agents; or

    2. fraud or fraudulent misrepresentation.

  2. Subject to Clause 19a, we will not be liable to you for any:

    1. actual or anticipated profit or savings loss;

    2. indirect or consequential loss;

    3. loss of income, business, information, data, reputation, or goodwill;

    4. loss or damage arising from circumstances beyond our reasonable control;

    5. loss resulting from your failure to fulfil your responsibilities under the Contract, including not complying with any instructions related to the Contract (e.g., handling an emergency); or

    6. loss or damage caused by the transporter or network operator exceeding the amount we can recover on your behalf.

    7. Subject to this Clause, our total liability to you for all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed £25,000.

  3. We shall not be liable to you if the Energy Supply is disrupted due to a shutdown or interruption caused by the Network Operator.

  4. Neither party shall be liable to the other for failure to fulfil respective obligations under the Contract if such performance is prevented due to Force Majeure. The affected party must notify the other as soon as reasonably practicable of the Force Majeure event and take reasonable steps to mitigate its effects. A further notification must be issued immediately upon the ending of the Force Majeure event. If the Force Majeure event lasts for more than 30 days, either party may terminate the Contract by providing at least 14 days written notice to the other.

20. Fuel Security Code

  1. If a serious emergency happens that affects any related Electricity Network Operator and the Secretary of State gives an order under the Fuel Security Code, we can ask you to cover a fair share of the extra costs we have because of that order.

21. Conduct

  1. Both parties to this contract jointly affirm their commitment to conduct all business and related activities in a lawful, ethical, and professional manner. This includes, but is not limited to, adherence to the standards and regulations outlined in the Bribery Act 2010, the Money Laundering Regulations 2007, and the Modern Slavery Act 2015.

  2. Each party agrees to not engage in or tolerate any form of bribery, corruption, money laundering, or practices that condone or contribute to modern slavery. Both parties shall ensure that their directors, officers, employees, agents, and anyone else acting on their behalf comply with these obligations.

  3. In the event of any breach of this clause, the aggrieved party reserves the right to terminate this contract immediately, without penalty, and to seek further legal remedies as appropriate under UK law.

  4. This clause shall survive the termination of this contract and continue in full force and effect to the extent necessary to permit its enforcement and the fulfilment of the obligations contained herein.

22. Data Protection

  1. In this Clause, the terms "you," "your," and "customer" include any or all of your directors, employees, or partners.

  2. This Clause applies only to the extent that we process personal data as defined in the UK Data Protection Legislation, including but not limited to instances where you act in your personal capacity, as a sole trader, or provide employee information for contact or account-opening purposes. Our obligations and your rights under this Clause do not apply if the data we hold is not personal data.

  3. As part of the Supply, you may need to provide us with personal data about yourself, your employees, and your business. For example, we may need to collect your name, contact details, payment information, date of birth, and any other information reasonably required during the Supply. We may also hold personal data about you that we learn through our relationship with you and your energy usage.

  4. We may use any information you provide to us or that we otherwise hold (whether or not under this Agreement) for the following purposes:

    1. to identify you when you contact us;

    2. to contact you via mail, phone, or other electronic means;

    3. to manage any accounts, services, and products provided by us, now or in the future;

    4. for market research and analysis;

    5. for computer system testing;

    6. to improve the products and services we offer;

    7. to comply with legal obligations imposed on us through the provision of services, such as anti-money laundering requirements;

    8. to recover debt, if necessary (for which we may trace your whereabouts);

    9. to keep you informed of other services we provide that may be of interest to you, unless you have opted out of receiving such information;

    10. to inform you about services and products that may be of interest to you; and

    11. for training purposes.

  5. We will handle all your personal and financial information (collectively referred to as "information") as private and confidential, in accordance with the UK Data Protection Legislation, even after you are no longer a customer. We will not disclose information about you to anyone, unless:

    1. We are legally obligated to disclose the information, which includes sharing your information with tax authorities and law enforcement agencies;

    2. the disclosure is necessary for legal proceedings, obtaining legal advice, or establishing, exercising, or defending legal rights;

    3. the disclosure is required to protect our interests or those of others (e.g., to prevent fraud);

    4. in the event that we decide to sell part of our business, disclosure may be made to a prospective buyer during the transaction;

    5. the disclosure is made with your written consent;

    6. the disclosure is to a third party providing administrative or processing services on our behalf, provided we take steps to ensure the third party protects your personal data as we do;

    7. the disclosure is to an agent or contractor acting on our behalf regarding the use of your personal data.

  6. We do not work with any third parties based outside the European Economic Area (EEA) or store, host, or transfer your personal data outside the EEA. If our circumstances change, you will be notified, and a transfer will only be carried out with your consent.

  7. Please note that we may need to contact you with information about the services and/or the Supply by various means, including email, post, and/or phone. Please inform us as soon as possible if your contact details change.

  8. We will retain your personal data for the duration of the contractual relationship between you and us, and for an additional 6 years after the termination of the Supply or as required by law, whichever is later. Your personal data will be stored in accordance with your rights under UK Data Protection Legislation and in line with our regulatory obligations.

  9. We may monitor and/or record communications with you (including phone calls and emails) to confirm your identity, ensure security, maintain service quality, and for monitoring and training purposes.

  10. When you apply for a supply of electricity and/or gas, we and/or our suppliers may check the following records relating to you for the purpose of assessing applications or verifying identity: our own; publicly available records; and personal and business records at Credit Agencies. When Credit Agencies receive a search from us and/or our suppliers, they will place a search footprint on your business and, where applicable, personal credit file that may be seen by others.

  11. We and/or our suppliers may periodically review the records to help us manage the arrangements under this Agreement on an ongoing basis. Those checks will be used to assess the ongoing suitability of the payment arrangements you have with us.

  12. You have the right to request a written copy of the personal data we hold about you. To make a request, please contact us in writing at Jellyfish Energy, Baird House, Scotswood Rd, Newcastle, Tyne and Wear, NE4 7DF, or hello@jellyfish.energy. We aim to respond to your request as soon as possible and within 1 month of receiving it. We may require further information from you before being able to respond, such as additional information to verify your identity.

  13. From May 2018, you will also have the following additional rights:

    1. the right to request that we rectify any inaccuracy about you, in which case we may require you to verify the corrected information;

    2. the right to request that we erase your personal data, However, we can only comply with such a request if (i) your personal data is no longer necessary for the purposes of this Agreement and/or the Supply, (ii) processing your personal data is prohibited by law, or (iii) we do not need your personal data for establishing, exercising, or defending a legal claim.

    3. You also have the right to request that we limit or cease processing your personal data if you have contested its accuracy, or if we no longer need your personal data for the purposes set out in this Agreement, but you still require them for establishing, exercising, or defending a legal claim.

    4. Additionally, you have the right to data portability, which allows you to request a transfer of the data you have provided to us. However, we are not obligated to transfer a copy of any analysis we have conducted on that personal data. 

  14. You have the right to file a complaint with the Information Commissioner's Office.

  15. Please note that we may communicate with you via electronic mail, which may be an unsecured method of communication. If you prefer that we not use certain physical or email addresses, please inform us.

  16. The use of your personal data, as outlined above, is covered by our registration with the Information Commissioner's Office.

23. Notices

  1. You may contact to us at the designated location: Jellyfish Energy, Baird House, Scotswood Rd, Newcastle, Tyne and Wear, NE4 7DF, or any alternative addresses that we may disclose to you in the future.

  2. We hold the right to contact you at any of the Property locations, your registered company location, or the address documented in our internal records.

  3. Except when otherwise stated in the Contract, all communications in connection with the Contract between you and us should be drafted in writing. These communications will be considered duly delivered if sent by hand, prepaid registered post, or email in the following circumstances: if delivered by hand, upon delivery; if sent by prepaid registered post, on the second Working Day after the posting date; and in the case of email, upon successful delivery to the recipient's server, assuming no error message is received by the sender.

24. General

  1. Entire Agreement: The Contract constitutes the entire agreement between you and us, replacing and nullifying all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, concerning its subject matter.

  2. Law and Jurisdiction: The Contract will be interpreted according to English law. Legal proceedings related to the Contract must not be brought or conducted outside England and Wales.

  3. Invalidity: If any provision is declared invalid, unenforceable, or illegal by the courts, the remaining provisions of the Contract shall continue in full force and effect.

  4. Waiver: If we delay or fail to exercise any right or remedy under this Contract, it will not act as a waiver of that or any other right or remedy, nor will it prevent or restrict us from exercising that or any other remedy. Both parties must agree to any waiver in writing. A waiver of a specific breach will not apply to any further breach.

  5. Violence, aggression, or abuse: We will not tolerate violence, physical aggression, or spoken or written abuse toward our staff and may take legal action or refer this action to the police.

  6. Transfer of Rights: You may not transfer the contract or any of your rights or responsibilities under it without first obtaining our written consent. We can transfer, assign, or subcontract any or all of our rights (including the right to recover Charges) or obligations under the Contract without your approval.

  7. Amendments: We reserve the right to change these Terms and Conditions, and consequently, the Contract between us at any time by written notice to you (including by email or through your online account). We will inform you of any changes before they take effect, which may include directing you to our website for details, sending you new terms and conditions by post or email, or making them available to you online. If any change occurs in any law or regulation, decision, or advice by a regulatory authority that applies to this Contract, we may change the terms of this Contract, including the Charges, as we deem reasonably necessary to reflect those changes.

  8. No Third-Party Rights: Only you and we can enforce any of the conditions of your Contract, and we both agree that the Contract (Rights of Third Parties) Act 1999 does not apply to your Contract.

25. Interpretation

Act

the Electricity Act 1989 and the Gas Act 1986 as amended by the Utilities Act and regulations made thereunder, as applicable.

Actual Consumption

Refers to the amount of electricity and/or gas (as applicable) used by you during a Fixed Term Period under this Agreement.

Amended Consumption Forecast

means the reasonable amended estimate of the Customers future consumption of Energy at the Premises in kWh per month.

Anticipated Consumption

Refers to your expected annual consumption of electricity and/or gas and the specified amount of electricity and/or gas (as applicable) in the Contract under the headings "Gas Consumption," "Day Consumption," "Night Consumption," and "Evening/Weekend Consumption."

Agent

a Meter Operator, Data Collector, Data Aggregator, or an Agent appointed by us to provide Automated Meter Reading Equipment services.

Agent Service

a service provided by an Agent.

Agreed Supply Period

the period from the later of the Supply Start Date or the date of Registration to the End Date.

Authority

the Gas and Electricity Markets Authority (GEMA) or the Office of Gas and Electricity Markets (Ofgem).

Automated Meter Reading Equipment

metering equipment, other than a Half Hourly Meter, that provides Agents with the ability to obtain details of your consumption remotely on a Half Hourly basis.

Back Billing Rules

the rules by which we will recover Charges, from a Microbusiness Customer, for a period not billed or billed inaccurately and which is governed by the supply Licence conditions concerning back billing under which we will only bill or recover charges for energy consumed or Charges accrued within:  

a. a period not greater than twelve (12) Months prior to the date of the Bill;

b. or a period greater than twelve (12) Months prior to the date of the Bill where:

i. as a result of any obstructive or manifestly unreasonable behaviour by you, we are unable to produce an accurate Bill for the Energy consumed; or

ii. Ofgem issue direction or guidance that does not prevent us from recovering charges for a period greater than twelve (12) months.

For the avoidance of doubt, the restriction in a. does not prevent us seeking repayment of a Bill which was produced in accordance with the supply Licence conditions concerning back billing but remains unpaid after twelve (12) Months.

Balancing and Settlement Code

the code of that name brought into force pursuant to the Utilities Act 2000 as modified from time to time, BSC shall be construed accordingly.

Bill

an invoice or statement sent to you which may include details of your energy usage, what we’ve charged you, payments you have made to us and what you owe us.

Billing Period

one Month, or as determined by the supplier from time to time.

Capacity

the total amount of electricity you may consume at a Metering Point in any given period as agreed with the relevant Network Operator, also known as Authorised Supply Capacity (ASC). In gas, this is your Standard Off- Take Quantity (SOQ).

Carbon Price Floor

a U.K. Government policy implemented to support the EU Emissions Trading System (EU ETS).

CCL Exempt Product

a product that is exempt from CCL.

Charges

the charges referred to in the Proposal as varied in accordance with these Terms and Conditions and all costs, charges and expenses set out in the Contract.

Credit Agency or Credit Agencies

refers to an entity that gathers and compiles data on individuals or businesses and provides this information to subscribers, enabling them to assess the financial stability of those individuals or businesses.

Climate Change Levy (CCL)

an environmental tax on your company's electricity and gas use levied at the rate from time to time imposed, pursuant to the Finance Act 2000 and any regulations made thereunder or in connection with such charge. Businesses that pay the standard rate of VAT (20%) are also charged the CCL, although there are exceptions. Businesses that meet the minimal use requirements and are charged the reduced rate of VAT (5%) don't pay the CCL. 

• For electricity, this means using an average of less than 33 kWh per day (1,000 kWh per month)

• For gas, this means using an average of less than 145 kWh per day (4,397 kWh per month)

Contract or Agreement

the entire content of the Proposal, these Terms and Conditions, any annexes, appendices, and any document referred to in these Terms and Conditions, and the applicable Product Terms.

Contract Start Date

the date on which the Contract is countersigned by us.

Customer or You

means the Party identified as such in the Proposal.

Data Aggregator

for electricity only, an Agent appointed to carry out the aggregation of metering data received from the Data Collector.

Data Collector

appointed to provide data retrieval and/or data processing services.

Data Protection Laws

any applicable laws and regulations relating to the use or processing of personal data including: (i) EU Regulation 2016/679 (GDPR); (ii) GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union

(Withdrawal) Act 2018 (the UK GDPR); (iii) any laws or regulations ratifying, implementing, adopting, supplementing or replacing the GDPR; (iv) in the UK, the Data Protection Act 2018 (DPA) and the applied GDPR as defined in the DPA, being the GDPR as applied by Chapter 3, Part 2, DPA); and (iv) any laws and regulations implementing or made pursuant to EU Directive 2002/58/EC (as amended by 2009/136/EC) (including, in the UK, the Privacy and Electronic Communications (EC Directive) Regulations 2003); in each case, as updated, amended or replaced from time to time; and the terms Data Subject, Personal Data, Processing, Processor and Controller shall have the meanings set out in the UK GDPR.

Deemed Contract

a contract deemed to exist between us a result of you using the energy at a site we supply.

Deemed Customer

the relevant document of that name made by us under Schedule 6 of the Electricity Act 1989 or Schedule 2B of the Gas Act 1986.

Deemed Rates or Out of Contract Rates

the rates and charges of that name published from time to time by us (available at https://jellyfish.energy/energy/deemed-rates) in accordance with Schedule 6 of the Electricity Act 1989 or Schedule 2B of the Gas Act 1986, as applicable.

Disconnection or Disconnected

the permanent removal of a meter, cabling and service from the Site(s).

Due Date

means the date upon which an invoice sent to You mut be paid as described in the Proposal.

Emergency Contact Details

for gas only, details of emergency contacts who, between them, are available 24 hours a day, seven days a week and 365 days a year to arrange for the site to stop taking gas where so directed by us or your Network Operator in order to avert or diminish the effect of a gas supply emergency.

Emergency Contacts

for gas only, where Site(s) are not manned 24 hours a day, three contact names and job titles each with up to three telephone numbers. If a site is manned 24 hours a day, only one emergency contact need be provided. Sites with an AQ of > 1,464,000 kWh must also provide one fax number; this need not be manned constantly but must be capable of receiving faxes 24 hours a day.

End Date

the last date on which the current Charges and/or pricing mechanism shall be applicable. The End Date is shown on the Proposal. Or the date on which this Agreement is terminated.

Energy

electricity and/or natural gas, as appropriate.

Energy Rate

energy only element of the Charges, being the demand weighted rates for Energy. The energy rate can be provided to you upon request.

Equivalent Charge

a charge equivalent in value to CCL but not applied pursuant to the Finance Act 2000.

Fixed Term Period

means the period between the Supply Start Date and the End Date.

Force Majeure

an act of God, industrial action (except where solely restricted to employees of the party claiming a force majeure event), an act of the public enemy or terrorist, war declared or undeclared, sabotage or act of vandalism, civil commotion, lightning, earthquake, hurricane, fire, storm, flood, drought, pandemic (including Covid-19 or similar),

Good Industry Practice

the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in the same type of undertaking under the same or similar circumstances.

Good Quality CHP or GQCHP

means electricity generated from a combined heat and power station which is exempt from CCL.

Half Hourly Meter

electricity only, metering equipment used to measure the consumption of electricity on a half hourly basis.

Interruptible

gas offtake that may be subject to interruption by a Network Operator for the purposes in connection with the management of its pipeline system.

Isolate,

Isolated,

Isolation

no Energy can flow directly or indirectly from a Network. For electricity, temporary Isolation is de-energisation and permanent Isolation is disconnection.

Licence

a licence granted under the Act for the Supply, distribution or transmission of electricity or gas.

Material Adverse Change

an event or circumstance that significantly impacts the Supplier's ability to fulfill all or a portion of its obligations under the Contract or substantially escalates the costs of doing so. It also refers to an event or circumstance that significantly affects the Supply of Energy or has a considerable impact on the Supplier in the context of the Supply of Electricity.

Maximum Demand

electricity only, the product of twice the maximum number of kWh supplied in any half hour in the period(s) specified.

Meter Operator

a person accredited and appointed pursuant to a Meter Operator Agreement who acts as meter operator in respect of metering equipment.

Meter Operator Agreement

an agreement between you and/or us (as the case may be) and a Meter Operator.

Metering Point

the point at which electricity or gas is metered prior to Supply to your Site(s), and at which title and risk in that Energy passes to you. There may be more than one Metering Point at each Site.

Metering System

has the meaning given to that term in the Balancing and Settlement Code and which may be a Half Hourly Metering System or a Non-Half Hourly Metering System;

Microbusiness Customer

an Energy consumer who: 

a.  has an annual electricity consumption of not more than 100,000 kWh or an annual gas consumption of not more than 293,000 kWh; or

b.  has fewer than ten (10) employees (or their full-time equivalent) and an annual turnover or annual balance sheet total not exceeding Euros 2 million.

This is consistent with Ofgem’s definition of a microbusiness, found at ofgem.gov.uk/key-term-explained/micro-businessconsumer.

Month

a calendar month.

NTC

the National Terms of Connection.  The NTC is a legal agreement that sets out rights and duties in relation to the connection at which your Network Operator delivers electricity to, or accepts electricity from, your home or business. If you would like a copy of the NTC or have any questions about it, please write to: Energy Networks Association (ENA), 6th Floor, Dean Bradley House, 52 Horseferry Road, London SW1P 2AF: hone 0207 706 5100, or see the website at connectionterms.co.uk.

Network

the local electricity or gas network, as applicable.

Network Operator

in respect of a Metering Point, the operator of the local network.

Nominated Annual Consumption

for electricity and gas is the value shown on the Proposal as kWh per annum for all Sites or the value shown as Estimated Annual Consumption for each Site.

Notice, Notify, Notification,

Notified

where information is required it must be sent to the Notice Address.

Notice Address

for Notices from us to you, your registered office address or any replacement address nominated by you for Notices from you to us, the address indicated in the Proposal or any replacement address nominated by us. “Ofgem” – see definition for Authority.

Product

a product which we offer to you from time to time in accordance with these Terms and Conditions and the Product Terms.

Product Terms

the terms and conditions which apply to a product in addition to these Terms and Conditions, including fixed terms, deemed terms, and any other product terms which we offer to you from time to time in accordance with these Terms and Conditions.

Proposal

our statement of charge and other Terms and Conditions applicable to the Supply of electricity to your Metering Points during an Agreed Supply Period.

Qualified

as defined in the BSC, and, in respect of Meter Operators, being a signatory to the Meter Operation Code Of Practice Agreement.

Register,

Registered,

Registration

registration of metering points to a supplier in accordance with industry regulations.

Relevant Period

is either the Agreed Supply Period or every twelve months from the Contract Start Date where the term is greater than 12.

Related Metering Point

shall have the meaning given to it in the Retail Energy Code (at https://www.retailenergycode.co.uk/)

RSE (Renewable Source Electricity)

electricity generated from an RSE source.

RSE Source

electricity generated from a renewable source such as wind power, solar power, geothermal power, wave power, tidal power, hydro power and power produced from biomass, landfill gas, sewage treatment plant gas and biogases.

Security Deposit

refers to a sum, in the form of cash, bond, or guarantee, determined at the sole discretion of the Supplier and held as security for any amounts owed by you under the Agreement at any given time.

Site(s)

each of the site(s) shown in the Proposal.

Supplier, We, or Us

means Jellyfish Energy Limited (09310083) whose registered address is Baird House, Scotswood Road, Newcastle Upon Tyne, England, NE4 7DF.

Supplier Certificates

the certificate, available from HM Revenue & Customs, Reference PP11, representing the percentage of Supply eligible for relief from CCL.

Supply

any electricity or gas supplied from time to time by us under the Contract.

Supply Point

Refers to the point(s) at each of the Premises where electricity or gas is metered before being supplied to the respective Premises.

Supply Start Date

the date on which Supply to the Site under the Contract is proposed to commence as shown in the Proposal.

Third Party Costs

means costs, losses and/or expenses incurred in relation to the Supply of Energy including but not limited to the Charges identified as such in the Proposal.

TPI

a third-party intermediary instructed by you to act on your behalf, including but not limited to, an energy broker, managing agent or consultant.

Uniform Network Code

the gas industry’s legal and contractual framework for the transportation and supply of gas.

Value Added Tax (VAT)

has the meaning given to that term in the Value Added Tax Act 1994 and any tax of a similar nature which may be substituted for or levied in addition to.

Working Day

any day other than a Saturday, Sunday or public holiday in England and Wales. Shell Energy’s working day opening times can be found on their website at shellenergy.co.uk/business.