Solo Launch Offer Terms & Conditions
1.1 These Solo Launch Offer Terms & Conditions (Agreement) are between you and us:
a) You are the person who has signed up to the Solo Launch Offer; and
b) We, Us, Our or Solo is Solo Energy Limited of Unit 7, Block 2, Stromness Business Centre, Orkney KW16 3AW, Scotland.
DEFINITIONS AND INTERPRETATION
In this Agreement the following terms will mean:
“Battery” means the Tesla Powerwall 2* home battery unit with specifications 5kW/13.5kWh (including any ancillary equipment components that may be provided by us from time to time for example, communications Gateway, extension antennae etc.);
“Battery Installation” means the installation of the Battery as set out in Clause 6;
“Customer Cashback” means £100 cashback credited to your electricity bill for every friend you refer to the Solo Launch Offer as set out in Clause 8.5;
“Engineer” means one of our (or a subcontractor’s) engineers who is qualified to carry out the Survey, installation of the Smart Meter and or the Battery Installation;
"Deposit" means the £200 deposit paid to secure the Solo Launch Offer;
"Early Exit Fee" means the £500 fee for terminating this Agreement, as defined in Clause 15.4;
“Export Rebate” means the monthly variable amount we credit to you for the electricity which is exported from your Property to the grid (flowing through your export MPAN), calculated at a rate equal to the retail energy price you pay us for your electricity consumption;
“FIT” means Feed-In Tariff;
“FIT Generation Payment” means the payment due to FIT scheme-registered customers for the total amount of electricity generated by the microgeneration system, whether it is used in your Property or exported to the electricity network;
“FIT Export Payment” means the payment due to FIT scheme-registered customers for the total amount of electricity produced by your microgeneration system which is exported to the national electricity network for use by other consumers;
“MPAN” means Meter Point Administration Number and is a 21-digit reference used in Great Britain to uniquely identify electricity supply points such as a domestic residence. You can find your MPAN on your electricity supply bill, or from your electricity supplier;
“Smart Meter” A smart meter is the next generation of a gas and electricity meter. They're being installed by energy suppliers in every home in England, Scotland, and Wales. Smart meters come with an in-home display screen that shows you exactly how much energy you're using in pounds and pence, in near real time and will bring an end to estimated bills;
“Property” means the property or premises at which the Battery will be installed;
“Solo Launch Tariff” means an introductory electricity supply tariff of 10p/kWh with 25p/day standing charge for the first 5,000 kWh we supply to you for the first year of the Solo Launch Offer as set out in Clause 8.3. For any electricity supplied in excess of 5,000 kWh in the first year a tariff of 15p/kWh will apply;
“Solo Launch Offer Eligibility” means the eligibility criteria set out in Clause 3;
“Solo Launch Offer” means the purchase by you of the Battery which we install in your Property and the other services supplied by us to you under this Agreement;
“Solo Rewards” means the rewards that you receive from signing up to Solo Launch Offer, being the Solo Launch Tariff and the Export Rebate. See Clause 8;
“Start Date” has the meaning given to it in Clause 8.2;
“Supply” (or similar expressions) means the sale by us to you of electricity via an electricity distribution network;
“Survey” means a Battery Installation survey booked through us and performed at your Property by an Engineer before we can determine whether you pass the Solo Launch Offer Eligibility criteria. See Clause 4;
“Working Day” means any day other than a Saturday, a Sunday or a bank holiday in England, Scotland or Wales. All other references to a day refers to a calendar day.
2. Solo Launch Offer
2.1 By accepting this Agreement, you agree to participate in the Solo Launch Offer.
2.2 You accept that, because this Agreement is a launch offering, there may be delays, reduced functionality and other disruption and issues. If any of these arise, we will endeavour to minimise their impact on you.
2.3 You agree to receive email and/or phone contact for surveys, to help us improve Solo's Launch Offer.
2.4 You agree that we may change this Agreement at any time or withdraw the Solo Launch Offer (or any part of it). Any changes we make will not affect your right to receive your first year’s Solo Rewards including the Solo Launch Tariff (as set out in Clauses 8.3 and 16).
3. Solo Launch Offer Eligibility
3.1 You will not be eligible for Solo Launch Offer unless you pass the following eligibility criteria:
a) you comply with this Agreement and the Solo Energy supply terms and conditions;
b) you are allowed to sign up to this Agreement for the Property. If you do not own your Property (e.g. you live in social housing or have a lease with a landlord), you may need your landlord’s or local council or authority’s permission to carry out the work required to install the Battery. Unless you tell us otherwise, we will assume that you have this permission. We won’t be responsible if we carry out work and you don’t have the necessary permissions. You will be responsible for any losses we suffer as a result of you failing to get the right permissions;
c) you own a domestic solar or micro-wind system, with a generating capacity of greater than or equal to 2.5kW or 1kW respectively . We may ask you for proof of ownership;
d) you will sign up to a Solo Energy electricity supply contract to avail of the Solo Launch Tariff once the Battery has been installed and we launch our electricity supply business and you will pay by monthly direct debit;
e) you agree to having a Smart Meter installed at your property and have opted into half hourly data sharing with Solo;
f) you are registered on the FIT register;
g) you have not changed or confirmed your FIT export status selection within the last year;
h) you have passed the Survey;
i) we are able to complete the Battery Installation (see Clause 6);
j) following the Battery Installation, we have registered the Battery as “active” and you allow us sole control of charging and discharging the Battery.
3.2 Notwithstanding the Solo Launch Offer Eligibility it is in our absolute discretion whether we sign you up to the Solo Launch Offer.
4.1 Before we can determine whether you are eligible to have a Battery installed, we may need to carry out a Survey of your Property.
4.2 In relation to the Survey:
a) you agree to provide our Engineer with access to your Property at a date and time agreed between us and you;
b) you will pay us £50 at the point of booking; and
c) we are not responsible for delays caused by circumstances beyond our reasonable control or which are unforeseeable.
4.3 If we are unable to carry out the Survey due to your fault (including if we are unable to gain access to your Property), we will make another appointment with you and you will need to pay an additional £50.
4.4 If we do not carry out the Survey due to our fault, we will re-schedule the Survey with you and such re-scheduled Survey will be free of charge.
4.5 If we complete a Survey at your Property and you pass that Survey but are then unable to have a Battery installed due to our fault, we will refund you a Survey cost of £50. We will also fully refund the £200 Deposit or the £6,499 full Battery price that you would have paid when signing up to the Solo Launch Offer;
5. Battery Purchase
5.1 If you pass the Survey, we will take full payment for the Battery and the Battery Installation via a credit or debit card at the point of booking of your Battery Installation (if you have not paid in full upfront).
5.2 The cost of the Tesla Powerwall 2 including installation is £6,499 (inc. VAT). Subject to Clause 5.4, these costs will remain fixed.
5.3 If, as a result of the Survey, a Tesla Powerwall 2 is deemed unsuitable for your property we may offer you an alternative Battery type and the cost of the Battery and the Battery Installation will be quoted to you at the Survey stage. We will issue you with an email proposal and you can decide if you would like to proceed with the alternative offer. Subject to Clause 5.4, these costs will remain fixed.
5.4 We reserve the right to charge you for any changes or additional work which you ask for, or if there is additional work required to install your Battery. If this happens, we will explain the reason for the additional work and let you know what the extra charge for the work would be first, so you can decide if you’d like to proceed.
5.5 From the date of your purchase of the Battery until the Battery Installation, we will store and insure the Battery at our storage premises on your behalf.
5.6 If you wish to cancel this Agreement, you may do so during the “cooling off period”, which is the 14-day period after the date you purchase the Battery but provided that the Battery Installation has not commenced. If you cancel during the cooling off period, then you will have a right to a refund, less any costs incurred by us (including preparation, installation, product or administrative costs).
6. Battery Installation
6.1 You agree to provide our Engineer with access to your Property to carry out the Battery Installation at the date and time agreed between us and you.
6.2 In order for us to carry out the Battery Installation, you must have a suitable space on/at your Property to install the Battery and we must be able to gain suitable access to the electricity meter or main fuse board to install power sensing and control hardware used to instruct the Battery.
6.3 We are not responsible for any delays in the Battery Installation caused by circumstances beyond our control or which were unforeseeable.
6.4 We won’t pay any compensation if we can’t complete the Battery Installation during the appointment. However, we will make another appointment with you for an appropriate time to complete the work, at no extra cost. If you fail to keep the agreed appointment time for the installation of your Battery on more than two occasions, we may charge an additional fee.
6.5 We will take reasonable care to carry out the Battery Installation without causing unnecessary damage. We will fix any unnecessary damage to your Property that is directly caused by our negligence.
6.6 We won’t start or continue the Battery Installation at your Property if we believe there is a health and safety risk to our Engineers, and we won’t return to complete the installation until that risk is resolved.
6.7 If we are unable to complete the Battery Installation for any reason that is not our fault you may still be liable for costs incurred by Solo.
7. Battery Ownership
7.1 You are responsible for making sure that you:
a) keep the Battery in your Property and under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you);
b) do not misuse, neglect, tamper with, or damage the Battery (including disassembling or re-wiring it in any way);
c) take proper care at all times to prevent the loss or theft of the Battery; and
d) ensure the space surrounding the Battery is suitable as instructed at the Battery Installation. For example, where relevant, items should not be stacked against or over the Battery.
8. Solo Rewards
8.1 Once you have passed all the Solo Launch Offer Eligibility criteria, you will be eligible to receive the Solo Rewards.
8.2 The Start Date (when you will begin to receive your Solo Rewards) is the date you receive an email confirming that the Battery has been activated.
8.3 When the Battery has been activated you will need to switch to a Solo Energy electricity supply contract (when we are in a position to offer it) and you will be placed on a Solo Launch Tariff of 10p/kWh + 25p/day standing charge for the first 5,000 kWh we supply to you. For any electricity supplied in excess of 5,000 kWh in the first year a tariff of 15p/kWh will apply. The Solo Launch Tariff will be reviewed 1 year from the Start Date and we reserve the right to adjust the Solo Launch Tariff after the first year by giving you 30 days' notice.
8.4 The Export Rebate will be credited to your Solo Energy bill in monthly instalments. The value of the Export Rebate will depend on the energy which is exported from your Property to the grid, calculated at a rate equal to the retail energy price you pay us for your electricity consumption.
8.5 Customer Cashback will be credited to your Solo Energy bill for every verified friend or family referral to the Solo Launch Offer. We reserve the right to end the referral period once a sufficient number of customers have been signed up to the Solo Launch Offer.
9. FIT Export Payment Waiver
9.1 To enable us to provide you with the Solo Rewards, you agree to waive your FIT Export Payment. In line with FIT scheme regulations this waiver is required because the electricity exported by your Battery could affect the measurement of the amount of electricity you export. We may ask for proof that you have done this.
9.2 If you do not opt out of FIT Export Payments you may be subject to an Ofgem investigation and have your FIT contract voided. If your FIT contract is voided, you will lose any future FIT Generation Payments and may have previous payments reclaimed by your FIT licensee.
9.3 You will still be eligible to receive your FIT Generation Payment. If Solo is not your FIT licensee, you may wish to discuss this with your current provider.
9.4 If you decide to switch your Supply away from Solo at any point, you may be able to opt back in to receiving FIT Export Payments from your FIT licensee but this will only be possible one year after opting out of your FIT Export Payments as part of joining Solo Launch Offer, and providing you do not continue to use the Battery to feed into the national electricity network. Your FIT licensee will be able to advise on this.
9.5 If, for any reason, Solo Launch Offer ends before you can opt back in to receive your FIT Export Payment, we will not compensate you for loss of FIT Export Payments.
10. End of your Solo Energy Supply Contract
As long as you are on Supply with us and you comply with this Agreement and the Solo Energy Supply terms and conditions, Solo Launch Offer will be automatically added to any new, renewed, or upgraded Solo Energy supply contract that you take on, ensuring that you continue to receive your Solo Rewards if they are still applicable at that time.
11. Switching away from Solo Energy
11.1 If you want to switch your Supply to a different supplier, we will no longer be able to supply you with energy or control your Battery as part of Solo Launch Offer. You will therefore lose your Solo Rewards.
11.2 We won’t be liable for any costs in relation to your Battery should you switch your Supply from us.
12. Moving out of your property
If you move out of the Property where your Battery is installed, we will no longer be able to supply you with energy or control your Battery as part of Solo Launch Offer. You will therefore lose your Solo Rewards until you have the Battery installed in your new property and meet all relevant eligibility criteria.
13. Manufacturer Warranty
13.1 The manufacturer of the Battery will provide a manufacturer's warranty for the Battery.
13.2 The effective time period of the manufacturer's warranty may be reduced due to the increased frequency of cycles of your Battery which enables us to deliver the Solo Rewards.
14. Changes to this agreement
14.1 We will notify you if any changes are made to this Agreement;
14.2 If we make changes to this Agreement that are disadvantageous to you, we will give you 30 days’ notice to let you know about the changes.
15. Agreement or Solo Launch Offer Termination
15.1 We reserve the right to change, reduce or withdraw the Solo Rewards after the first year by giving you 30 days' notice.
15.2 We may terminate this Agreement with immediate effect if you breach any of your obligations under this Agreement.
15.3 If we terminate this Agreement and/or the Solo Launch Offer before the first anniversary from the Start Date, you will still remain on the Solo Launch Tariff for the first year.
15.4 If you terminate this Agreement and/or your Solo Energy Supply contract before the first anniversary from the Start Date, an Early Exit Fee of £500 will apply.
15,5 If, for any reason, the Solo Launch Offer is terminated prior to installation of your Battery, we will fully refund any Survey, Deposit or Battery costs that you may have incurred.
16. Our Liability
16.1 We won’t be responsible for:
a) the cost of repairing or replacing parts of your Battery which develop a fault, unless it’s due to work we carried out that caused the fault;
b) any costs, loss or damage you suffer from any failure in providing the Solo Launch Offer which is caused by events outside our reasonable control. Matters outside our reasonable control include severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;
c) any costs, loss or damage you suffer as a result of not using the the Solo Launch Offer in line with our instructions and this Agreement;
d) for any loss or damage you suffer caused by us, our Engineer or agents to the extent such loss or damage results from any breach by you of this Agreement.
16.2 We are not liable for any loss or damage (including negligence and breach of statutory duty) that we couldn’t reasonably have expected would result from breach of this Agreement at the time you entered into it.
16.3 Nothing in this Agreement will affect our liability to you for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.
16.4 Our liability (including for negligence and breach of statutory duty) is limited to £10,000 for each unconnected event that we’re directly responsible for, or £10,000 in total for any connected series of events that we are directly responsible for, and which has caused you loss or damage.
17. Using personal information
17.1 By signing up to the Solo Launch Offer, you agree that:
a) we may access any data or information generated, collected, processed or stored as part of the Solo Launch Offer; and
b) we may also collect other information about you and your energy usage as part of providing the Solo Launch Offer.
17.2 We use the information we access and/or collect to optimise the Solo Launch Offer. We also anonymise your energy consumption data, combine it with consumption data from other customers and may share it with the government, regulators or industry partners as part of providing the Solo Launch Offer services to you.
18. Our complaints procedure and your rights
18.1 You can submit a complaint in person, in writing or over the phone by:
a) calling us on 0330 332 6233;
b) using our online web form at https://www.solo-energy.com/contact/; or
c) writing to us at Solo Energy Ltd, Unit 7, Block 2, Stromness Business Centre, Orkney KW16 3AW.
18.2 We will aim to respond to your complaint the same day we receive it. If you’re not happy with our response, you can ask for your complaint to be escalated to our internal complaints team, who will be in touch within five Working Days.
18.3 If our complaints team doesn’t resolve your complaint to your satisfaction, you will receive a final response (called a "deadlock letter"). This will detail what’s happened with your complaint and what we’ve suggested, and give you contact details for the Energy Ombudsman. They’re an independent organisation who you can ask to pick things up for you, for free. If they decide that we should do something for you, we legally have to do it (but if they think there’s something you should do, you don’t have to go with their decision). The contact details for the Ombudsman: www.ombudsman-services.org/energy or phone: (0330 440 1624).
18.4 You can also get free, independent advice from Citizens Advice so that you know your rights as an energy consumer, including how to get a better deal, to make a complaint, get advice about the quality of your electricity or gas supply, or ask for help if you're struggling to pay your bills. To "Know your rights" visit www.citizensadvice.org.uk/energy for up-to-date information or contact the Citizens Advice consumer service on 03454 04 05 06.
19. Other conditions
19.1 We can transfer any of our rights or obligations under this Agreement without your permission. However, you must not transfer your rights or obligations under this Agreement to anyone without our permission.
19.2 If we need to give you a notice for any reason in connection with this Agreement, we may deliver it by hand or use the postal address and/or email address you have given us most recently.
a) If we post a notice to you, it will be assumed to have been delivered two Working Days after it was posted.
b) If we deliver a notice to you by hand or by email, it will be assumed to have been delivered immediately when it was delivered or sent to the most recent address we have for you (as applicable).
19.3 This Agreement, and any documents explicitly referred to in them, are the entire agreement between you and us.
19.4 Nothing in this Agreement affects our legal rights or powers. Nothing in this Agreement affects any of your statutory rights that can’t be excluded by law.
19.5 If any part of this Agreement is void or unenforceable, the rest of the agreement will be unaffected.
[*] Subject to Property Survey and product availability. Solo Energy reserves the right to offer you a suitable alternative Battery at a price agreed with you and you can decide whether you wish to proceed with the Battery Installation.