Vital Energi Utilities Ltd vPro:ems DPS Terms and Conditions
Terms and Conditions
1. Terms of vPro Energy Metering System Dynamic Payment Solution Facility
This section (together with the documents referred to on it) contains the terms and conditions (“Terms”) on and subject to which you are permitted to make use of the vPro Dynamic Payment Solution Service (the “Service”).
These Terms apply to the supply to you of vPro Energy Metering System Credit Tokens (“Purchase” or “Purchases”) provided through a number of methods including Payzone Cash Terminals, Direct Debit Payments, Credit Card Payments and Debit Card Payments. Please read these Terms carefully before you start to use the Service, especially before you make any Purchase.
By using the Service, you indicate that you accept and abide by these Terms, regardless of whether or not you choose to register with Vital Energi.. If you refuse to accept these Terms, you will not be able to purchase credit through the Service.
2. Information About Us
The Service is operated by Vital Energi Utilities Ltd (“Vital Energi”). Vital Energi is a company incorporated in England under number 04050190. The registered office of Vital Energi is at Century House, Roman Road, Blackburn, Lancashire, BB1 2LD.
All Purchases are treated as placed and received in the United Kingdom. We do not accept Purchases from outside the United Kingdom.
4. Your Status
By purchasing any credit under the Service, you warrant that:
4.1 You are legally capable of entering into binding contracts;
4.2 You are resident in, and purchasing from within, the United Kingdom; and
4.3 You are at least 18 years old.
5. Credit Purchase
5.1 Your Purchase under the Service, after cleared payment, constitutes an offer to us to provide the application of credit to your vPro Energy Metering System hardware that relates directly to the vPro Identification Number against which the Purchase is made.
5.2 It is your responsibility to ensure that your details held by Vital Energi, including your property address, are correct.
5.3 The contract between us will be formed when you have successfully paid for the relevant Purchase in accordance with condition 5.1 ("Contract").
5.4 The Contract will only relate to Purchases for which you have paid for in accordance with condition 5.1.
6.1 You are permitted to print and download extracts from the Service solely for your own use (i.e. you cannot allow other people to use the relevant extracts or use them yourself in order to gain a commercial benefit) on the following basis:
6.1.1 No documents or related graphics relating to the Service are modified in any way; and
6.1.2 No graphics relating to the Service are used separately from the corresponding text
6.2 For the avoidance of doubt, you are not permitted to download or modify any logo relating to Vital Energi, any of Vital Energi’s products and services or any products or services of Vital Energi’s affiliates
6.3 Unless otherwise stated, the copyright and any and/or all other intellectual property rights in and to any and/or all material on the website (including, without limitation, photographs and graphical images) are owned by either Vital Energi or its licensors. For the purposes of these Terms, any use of extracts from the Service, other than in accordance with condition 6.1, for any purpose, is prohibited. For the avoidance of doubt, you are not permitted to use any and/or all of the materials from the Service for commercial purposes without our prior written consent. If you breach any of these Terms, your permission to use the Service will automatically terminate and you must, at our option, either immediately return to us or destroy any and/or all downloaded or printed extracts.
6.4 Subject to condition 6.1, no part of the Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Vital Energi prior written permission.
6.5 Any rights not expressly granted in these Terms are reserved.
7.1 All credit purchase values are credited in full to the vPro meter, unless the account has an arrears account, at which point deductions from the credit purchase value will be made at a percentage rate agreed with your energy supplier.
7.2 The availability and specification of the Service are subject to change without notice, although we will try and give you notice wherever possible.
7.3 All descriptions, drawings and specifications relating to the Service are published for illustration purposes only and are not binding on us.
8.1 You must present your vPro Payment Card, or vPro identification number at the point of any credit purchase. When utilising the Service, you will be required to register your vPro Identification Number to your online account against which all future payments will be made. It is your responsibility to ensure that your account details held by Vital Energi are correct.
8.2 You may purchase credit for your vPro meter utilising the Service through the following methods:
8.2.1 Online Credit/Debit Card Payments
8.2.2 Payzone Cash Terminals
8.2.3 Online/Paper Direct Debit
8.2.4 Telephone Credit/Debit Card Payments
8.2 All credit purchases using the above Services must be made in British Pound Sterling.
8.3 Minimum credit purchase limits are:
8.3.1 Online Credit/Debit Card Payments: £10
8.3.2 Payzone Cash Terminals: £5
8.3.3 Online/Paper Direct Debit: £20
8.3.4 Telephone Credit/Debit Card Payments: £30
8.4 Maximum credit purchase limits are:
8.3.1 Online Credit/Debit Card Payments: £100
8.3.2 Payzone Cash Terminals: £250
8.3.3 Online/Paper Direct Debit: £100
8.3.4 Telephone Credit/Debit Card Payments: £100
8.5 The maximum amount of credit that can be held on your vPro meter is £300 (unless otherwise notified). It is your responsibility to ensure that the credit on your meter never exceeds the maximum amount of credit.
8.6 All Purchases supplied through the Service will be valid for 18 months only. After the validity period is complete, the Purchase will expire and be removed from the vPro meter. During consumption, the oldest Purchase is utilised first.
8.7 By default, the full Purchase value will be transferred to the meter, unless the account has an arrears account, at which point deductions from each Purchase value will be made at a percentage rate agreed with your energy supplier. If the user wishes to pay an amount of credit directly to your arrears account, this must be performed by contacting Vital Energi’s billing team on 01254 296000 and selecting “Option 4”. You should then instruct that the payment is to be made to the “Arrears Only” account.
9.1 Your Purchase will be sent remotely within 3 hours of receipt of cleared payment during normal working hours of 0830 to 1730, excluding weekends and national holidays. Vital Energi cannot take responsibility for the performance of the mobile phone networks but will endeavour to ensure that credit reaches the meter within 4 hours.
9.2 If your Purchase is not received within 4 hours, you will be able to manually add credit to the meter by typing the credit purchase code into your meter. The credit purchase code can be obtained by:
9.2.1 If purchased by Payzone, entering the 20 digit code on your receipt into your In Home Display. (Note: codes maybe longer in certain circumstances).
9.2.2 If purchased by any other method, by phoning Vital Energi’s billing team on 01254 296000 and selecting “Option 4” to receive the credit purchase code.
9.2.3 If you have registered your mobile phone number with Vital Energi, all credit purchase codes will be sent to your mobile number
10.1 If you are contracting as a consumer, our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Service you purchased.
10.2 If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the service you purchased.
10.3 This does not include or limit in any way our liability:
10.3.1 for death or personal injury caused by our negligence;
10.3.2 under section 2(3) of the Consumer Protection Act 1987;
10.3.3 for fraud or fraudulent misrepresentation; or
10.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
10.4.1 loss of income or revenue;
10.4.2 loss of business;
10.4.3 loss of profits or contracts;
10.4.4 loss of anticipated savings;
10.4.5 loss of data; or
10.4.6 waste of management or office time,
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11. SERVICE ACCESS
11.1 While Vital Energi endeavours to ensure that the Service is available 24 hours a day, Vital Energi shall not be liable if, for any reason, the Service is unavailable at any time or for any period.
11.2 Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Vital Energi’s control. We reserve the right to withdraw or amend, without notice, any of the Service that we provide.
11.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if, in our opinion, you have failed to comply with any of the provisions of these Terms.
11.4 You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service on your behalf are aware of these Terms and that they comply with them.
12. VISITOR MATERIAL AND CONDUCT
12.2 You are prohibited from posting or transmitting to, through and/or from our Service any material:
12.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
12.2.2 for which you have not obtained all necessary licences and/or approvals; or
12.2.3 which constitutes and/or encourages conduct that would be considered a criminal offence, gives rise to civil liability or would otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
12.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
12.3 You may not misuse Our Service (including, without limitation, by hacking).
12.4 We will not be liable for any loss or damage caused by viruses or any and/or all other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on, or on any website linked to, it.
12.5 Vital Energi shall fully co-operate with any law enforcement authorities or court order requesting and/or directing Vital Energi to disclose the identity of, or locate, anyone posting any material in breach of either condition 12.2 and/or condition 12.3.
12.6 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
12.6.1 Any claim by any third party that the use of the Service by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
12.6.2 Any claim by any third party that the use of the website by you infringes that third party's copyright or other intellectual property rights of whatever nature;
12.6.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you; and/or
12.6.4 Your use of the Service, where such use is not in accordance with these Terms.
13. FRAUDULENT MISSTATEMENTS
We may terminate the Contract at any time and/or claim damages for breach of contract if we suspect that you have made a fraudulent misstatement to us, whether orally or in writing, prior to or after entering into the Contract.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Service, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing where applicable. This does not affect your statutory rights.
All notices given by you to us must be given to Vital Energi at the postal address given in condition 2 or to the email address firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when purchasing your credit/registration, or in any of the ways specified in condition 14 above. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the Service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
17. FORCE MAJEURE
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks; and
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. THIRD PARTIES
A person who is not a party to a Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract and/or these Terms. This condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights and/or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights and/or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by us of any default by you shall not constitute a waiver of any subsequent default by you.
19.3 No waiver by us of any of these Terms and/or Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 15 above.
20. REFUND POLICY
Once a payment has been processed to credit your account, the payment cannot be refunded or cancelled unless an incorrect amount is processed in error.
If any conditions of these Terms and/or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such condition or provision will, to that extent, be severed from the remaining Terms and/or Contract, as applicable, which will continue to be valid to the fullest extent permitted by law.
22. ENTIRE AGREEMENT
Save as expressly provided in these Terms:
22.1 these Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing;
22.2 we each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and/or to be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms; and
22.3 neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
23. OUR RIGHT TO VARY THESE TERMS
23.1 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
23.2 You will be subject to the policies and Terms in force at the time that you purchase credit from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
24.1 We take care to ensure that the information provided is accurate and complete. However, we do not warrant that this is the case or that your use of the Service will not result in any damage or virus. You should verify the accuracy of any information before relying on it. Subject to condition 10 above, we do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on and/or through the Service and/or for any and/or all damage or viruses caused by your use of the Service.
24.2 We are not responsible for any and/or all of the content of any third party websites which are linked to the Service.
25. LAW AND JURISDICTION
Contracts for the purchase of the Goods and Services through the Service will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.