Tru Energy Limited
Registered Office: Gable House, 239 Regents Park Road, London, N3 3LF
Registered Company Number: 09735909
v2.3 updated 24th July 2024

Definitions

In this Agreement the following terms shall have these meanings:

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

“Administrative Termination Charge” – a charge for an early contract termination paid by the Customer which equals to £100 per Supply Point.

“Affiliate” – any holding company or subsidiary, or any subsidiary of a holding company, of a Party (or other person) or any related undertaking in which a Party (or other person) has a participating interest, in each case within the meaning of the Companies Act, 2006.

“Agent” – a Meter Operator, Data Collector, Data Aggregator, or an Agent appointed to provide Meter Reading and equipment services.

“Agent Service” – a service provided by an Agent.

“Agreement” – the entire content of the Contract, these Terms and Conditions, Contract, any annexes, appendices, and any document referred to in these Terms and Conditions.

“Authorised Signatory” – an individual who has been officially designated and granted the legal authority to sign documents, execute transactions or enter into agreements on behalf of a company, organisation, or other entity.

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

“Automated Meter Reading Equipment” – Metering Equipment that provides Agents with the ability to obtain details of your consumption remotely on a Half Hourly basis.

“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.

“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).

“Charges” – the charges referred to in the Contract or as varied in accordance with these Terms and Conditions and any additional costs, charges and expenses set out in the Terms and Conditions.

“Climate Change Levy” (CCL) – a charge 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.

“Communications Equipment” – equipment, wiring or other ancillary items that enable the transmission of data between the Premises and the Data Collector, Data Aggregator, Xoserve or other industry body, Tru Energy, Metering Equipment manufacturer or other authorised body.

“Confidential Information” - all information in any medium or format (written, oral, visual or electronic, and whether or not marked or described as “confidential”), which relates to a Party (the "Disclosing Party"), or to its employees, officers, customers or suppliers, and which is directly or indirectly disclosed by the Disclosing Party to the other Party in the course of their dealings relating to this Agreement, whether before or after the date of this Agreement;

“Consumption Profile Ratio” – ratio of electricity consumption between 5pm and 9pm to total electricity consumed during a day or multiple days.

“Contract” – the agreement submitted by us to the Customer outlining the main terms and conditions under which we propose to enter into a Agreement. The Contract includes the main information to form a Contract, such as but not limited to tariff, supply point, duration, start date, payment type.

“Controller”, “Data Subject”, “Personal Data”, “Special Categories of Personal Data” and “Processor” shall each have the meanings given in the applicable Data Protection Legislation

“Credit Bureau(x)” – a collector and compiler of data on individuals or businesses who makes such information available to subscribers allowing them to evaluate the financial stability of such individuals or businesses.

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

“Data Collector” – for electricity only, an Agent appointed to provide data retrieval and/or data processing services.

“Data Protection Legislation” means the European Union's General Data Protection Regulation (2016/679), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) and all applicable laws and regulations relating to the processing of personal data and privacy as amended, re-enacted, replaced or superseded from time to time, including where applicable the mandatory guidance and codes of practice issued by the United Kingdom's Information Commissioner;

“Disconnection” – the permanent removal of a meter, cabling and service from the Premises.

“Distribution Use of System Charges” – charges and fees made by a Network Operator for the use of its system to transport the Supply and, other charges made under the Use of System Agreement including Meter Equipment and operation services, data collection services, data aggregation services and settlement and registration services provided pursuant to the Settlement Agreement, MRA or otherwise.

“End Date” – the last date on which the current Charges and/or Pricing Mechanism shall be applicable. The End Date is shown on the Contract.

“Energy” – electricity and/or natural gas, as appropriate.

“Estimated Annual Usage” – an estimated amount of energy consumption expected from the Consumer over the course of one year, measured in kilowatt-hours (kWh) or other appropriate units and agreed on in the Contract.

“Exit Fees” – a charge that might be agreed in the Contract and Contract for an early termination of the Agreement.

“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, accumulation of snow or ice, explosion, exceptional breakage or accident to machinery or pipelines, governmental restraint, and act of Parliament or directive of a competent authority and any other cause which is beyond the reasonable control of the affected party. For clarity, a lack of funds shall not constitute Force Majeure.

“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.

“Half Hourly Meter” – electricity only, Metering Equipment used to measure the consumption of electricity on a half hourly basis.

“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.

“Late Payment Fee” – a £50 charge per address imposed by a us when a payment is not made by the agreed-upon due date.

"Law" – any law applicable in England, including statute, statutory instrument, proclamation, by-law, directive, decision, regulation, rule, order, notice, code of practice, code of conduct, rule of court, instrument or common law.

“Licence” – a licence granted under the Act for the supply, distribution or transmission of electricity or gas.

“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 the Customer and/or the Supplier (as the case may be) and a Meter Operator.

“Metering Equipment” – devices used to measure the consumption of electricity and / or gas, located at the Premises

“Metering Point” – the point at which electricity or gas is metered prior to supply to your Premises, and at which title and risk in that Energy passes to you. There may be more than one Metering Point at each Premises.

“Micro Business Customer” - a customer that meets one or more of the criteria: 1) uses less than 293,000 kWh of gas per year; 2) uses less than 100,000 kWh of electricity per year; 3) has fewer than 10 employees, and an annual turnover or balance sheet not exceeding €2 million.

“Network” – the local electricity or gas network, as applicable.

“Network Operator” – in respect of a Metering Point, the operator of the local network.

“Notice”, “Notify”, “Notification”, “Notified” – where information is required by either Party it shall be sent to that Party’s 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 Contract or any replacement address nominated by us.

“Party” – either you or us, and Parties means you and us.

“Premises” – each of the Premises shown in the Contract.

“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.

“Security Breach” means any security breach relating to the Personal Data, whether or not such incident is sufficiently serious or substantial to justify notification to the Information Commissioner or other relevant supervisory authority in accordance with any Privacy and Data Protection Requirements, or sufficiently serious or substantial to give rise to a material risk of litigation by third parties affected by the breach.

“Start Date” – the date on which the customer’s meter point(s) are registered to Tru Energy and supply to the Premises under this Agreement commences. The proposed Start Date is shown in the Contract.

“Supply” – any electricity or gas supplied from time to time by us under this Agreement.

“Supply Point” – electricity or gas supply point that is unique to the supplied Premises.

“Tolerance Level” – the variations in energy usage due to factors such as changes in weather, business operations, or equipment efficiency, allowing for a deviation as per agreed Contract from an agreed Estimated Annual Usage.

“Transmission Company” – National Grid Transmission (NGT) and/or any other holder of a Transmission Licence.

“Transmission Use of System Charges” – charges made by the Transmission Company in respect of use of the Transmission System to transport the Supply excluding balancing use of system charges.

“Working Day” – any day other than a Saturday, Sunday or public holiday in England and Wales.

“we, us and our” – in each case refers to Tru Energy Limited (09735909), having its trading address at Gable House, 239 Regents Park Road, London, N3 3LF and includes us supplying Energy under our other brands including Huddle Powered by Tru.

“you, your and Customer” –  in each case refers to the person or persons named on the Agreement, any persons notified to us from time to time and accepted by us or the person or persons who enter into a Deemed Contract with us.