Terms & conditions
- General terms
- Website use
- Gas supply
- Smart home
General terms & conditions
We will supply our products and services to you in the Isle of Man under these general terms and conditions and the service schedule(s), unless we tell you otherwise in writing. Please make sure you read the service schedule which relates to your product or service with these terms and conditions, so you fully understand your contract.
We will show the latest version of all of our terms and conditions on our website at isleofmanenergy.im. All of our terms and conditions contain words which have specific meanings, these words are capitalised. To understand their meaning, please see the definitions set out at the end of these general terms and conditions.
These are our latest general terms and conditions, dated 24 January 2023.
a) your Order;
b) the service schedule in relation to your particular service or product; and
c) these general terms and conditions.
1.2. This contract applies to the exclusion of any and all other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.3. Please remember if more than one person is named on the application form, this contract will apply to each of you jointly and separately. You will both be required to comply with the terms, and we can choose to enforce them against you jointly or we can choose to enforce against any individual alone, which includes the payment of any amounts owed to us.
1.4. If there is more than one person named on the account, we will be entitled to act on the instructions on any one of those people and will not be required to check or confirm the instructions with any other person named on the account.
a) complete the application documents;
b) agree to the terms of the contract; and
c) f required, provide us with information or documentation we might need to allow us to check your identity and assess the provision of the products or services (before the start of the contract and at any other time).
2.2. We will rely on the information you provide us through this process, and you agree that the information you provide us is current, accurate and complete. You also agree to let us know as soon as any if the information provided to us through the application process changes.
2.3. If you would like someone else to have authority to speak to us and give us instructions regarding your account, you must inform us. We may need you to provide us with written authority but please contact us and we will let you know what is needed.
2.4.Please note that your property must be in the Isle of Man in order to be customer for some of our products and services including the supply of gas.
2.5. Your contract is dependent on us undertaking a credit check on you and each person who is a customer under your contract and us being satisfied that you have a credit score that we consider suitable. This may happen when you apply for a product or service with us, and we also reserve the right to do this periodically throughout your contract to make sure you can pay the amounts due to us. Credit Check agencies will record the fact that we have run checks. You agree that we may use any data that you have provided to us, whether in your Order or otherwise and including any personal data provided in relation to this service or other services you have taken from us, for the purpose of undertaking our credit checks.
2.6.We can refuse to provide products or services to you for any reason, in our discretion and at any time. We will only do this for example where you fail our credit checks, there is a bad history of non-payment or previous contract breaches.
3.2. The contract starts on the earlier of:
a) our acceptance of the contract through our application or order process which is either confirmed in writing or is confirmed by virtue of us starting to provide you with the products or Services you ordered;
b) your deemed acceptance of the contract, which is formed by your acceptance of the supply of a product or service from us in absence of a formal contract;
c) or on the date stated in your order application form.
3.3. Your contract will continue to apply until the end date stated in your application form (if applicable) or until it is terminated in a way set out in the terms of the contract.
4.2. If you have paid us any money in respect of the services you decide to cancel within the cancellation period, we will refund it. We will not charge you for cancelling your contract unless we have incurred costs. If your service has started or we have incurred any costs such as the costs of installation at your property or the costs of supply, you will be liable to pay these costs if you use your right of cancellation.
6.2. If you fail to make a payment within 7 days following a reminder from us then we will take this to mean that you no longer intend to comply with the terms of your contract. Where this happens, we shall be entitled to suspend or terminate your contract without providing you with further notice that your contract with us has been suspended or ended.
6.3. Please see your application form or service schedule for details on the prices you will pay and how you will be invoiced, as this differs for each of our products/services. We may provide you with an invoice per product or service or a consolidated invoice covering all products and services, at our discretion.
6.4. Our prices, charges and conditions may depend on how you pay. If no prices are specified in your application form, our standard prices will apply and can be found on our website. Please note that our pricing may change from time to time, we will normally inform you of any changes to our price, but you will need to check our website to keep up to date.
6.5. You will be charged for your services from the date of supply and you agree to pay these charges until your contract ends. Please check your service schedule which will explain the date of supply for your product or service.
6.6. If you request an additional product or service that involves additional cost(s) or fees, we will advise you of the additional costs that are known at the time of your request. If any costs are not known at that time, we will provide you with an estimate of the likely costs.
6.7. We will invoice you at the intervals set out in your service schedule. Not all of products and services include regular invoicing and some provide a payment schedule at the start of the service only, so please check the relevant service schedule.
6.8. You must pay our invoices in the agreed amount and on demand, by the date specified or your direct debit instruction. You cannot set off, withhold, deduct or counterclaim any amount you owe us, against anything we owe you.
6.9. We can choose how we apply any monies you pay us, as to whether we will apply it against older amounts you owe us first, even if you tell us it relates to another amount you owe. Or, if you have multiple products and services with us, we can use any payment or monies on one account to pay some or all your debt on the other account.
6.10. In addition to any agreed pricing, we may charge reasonable costs for services if they are not included as standard in your contract. This may include costs such as;
a) visiting your Property for inspections, testing, repairs to equipment, parts, disconnecting or reconnecting the supply of gas or any installation works you have requested or need;
c) if applicable, charges for paper invoices or copies of historic invoices;
d) costs and expenses we incur due to your breach of your contract,
if we can, we will let you know the costs of any works before we undertake them.
6.11. Where applicable, VAT or GST is included in our charges at the appropriate rate.
7.2. You must still pay for any part of the charges which is not in dispute in the normal manner and you must continue to pay for future invoices.
7.3. If we agree that you have been over charged, we will credit that money to your account or reimburse you, at our discretion.
7.4. In respect of the supply of gas, our invoicing is sometimes based on estimates as we often cannot access your meter to taking a reading and this impacts the accuracy of the invoices. For more accurate invoicing, upon written request from us you agree to provide us with monthly meter readings where your invoice is based on estimates. Meter readings can be submitted online at isleofmanenergy.im submit-your-meter-reading. If you are unable to submit a meter reading please contact us. We can invoice you at any time for your consumption and you are responsible for our charges, which is why it is important you to provide meter readings or allow us to access your meter to take a reading. guernseyenergy.gg/submit-your-meter-reading. If you are unable to submit a meter reading please contact us. We can invoice you at any time for your consumption and you are responsible for our charges, which is why it is important you to provide meter readings or allow us to access your meter to take a reading.
7.5. In order to help us invoice you accurately, you also agree that in the event we attend your property for any other reason you will grant us a right of access to your meter to take a reading.
8.2. We'll give you a reasonable time to pay any deposit we require, but you agree to pay by the date we provide. If you fail to do so, we will have the right to suspend or terminate the contract and we reserve the right to refuse to provide any new contracts, renewals or additional products or services to you.
8.3. If you pay us an advance payment, we will keep it as follows:
a) we will hold any advance payment for up to 12 months;
b) if you owe us any monies, in relation to any product or service we provide you, we can apply the money held against that debt, in part or in full;
c) if you make all payments to us as required for a period of 12 months from first paying us the advance payment, we will either return the deposit to you or apply the money towards your next invoices, upon request by you;
d) if we are holding advance payments when this contract terminates, after all debts to us are cleared, we will return any balance to you;
e) you will not be entitled to any interest on any amounts held by us and owing to you, including advance payments or any refunds due to you generally under your contract;
f) you will not be entitled to any interest on any monies held by us on your account.
8.4. If the account is held in the name of more than one person, we can return or refund any monies held on your account to any one of the persons named on the account. We do not have to get permission from, or notify, the other account holders. Any monies due from us will be transferred to the bank account nominated on your customer account with us (or if no account details are held, we will need you to complete our standard refund form nominating an account) and we will have no further liability. You agree to complete any other documents we need from you to complete this refund process.
8.5. When the contract is terminated and all amounts due to us from you have been settled (including in relation to other products and services provided by us to you), we will refund any available balance of the deposit to you.
a) to apply a late payment charge;
b) change how often we provide your invoices;
c) use a deposit that you've paid us or ask you for one;
d) ask you to use a different payment method;
e) use money you've paid us under any contract or account, even if that contract or account is for a different property;
f) use money that we owe you (for example any credit balance you have with us on any contract)
g) to charge interest on late payments, at 4% per annum above the Bank of England’s base rate from time to time;
h) to charge our expenses and administration fees to cover us costs in pursuing the unpaid amounts this includes bank charges, our staff time for each communication with you regarding unpaid monies due to us;
i) take necessary legal steps to recover the debt, which may include using the services of a third-party debt collection agency or sell your debt;
j) provide information in relation to your unpaid debt to credit reference agencies; and/or
k) suspend or terminate the provision of services to you.
9.2. Any interest to be applied to payments will accrue on a daily basis from the Due Date of payment until we receive a cleared payment in our account, covering all amounts due to us.
9.3. You agree to speak to us in advance if you think you will not be able to meet your payment obligations. We will try to work out a reasonable plan with you so that your services are not terminated or suspended but we cannot guarantee that a plan can be agreed between us. If you're paying us back, you must stick to the payment schedule we've agreed. Otherwise, we'll let you know if you need to pay the full amount straight away, pay us back faster or pay in a different way. Please contact us if you would like to discuss any payment issues.
9.4. If you take a new service with us and you still owe us money under a previous contract or account, we can add those amounts to what you owe us under the new contract. We will contact you to explain the amounts due.
9.5. Please see your service schedule for additional terms regarding non-payment.
10.1. This depends on the product or service you have taken from us, please see the relevant service schedule for more information on your obligations but you must comply with all obligations in your contract and all relevant local laws.
10.2. We take health and safety very seriously, especially when we visit your property. We need you to help us keep our equipment and staff safe, as well as your property. If you have an engineer coming from us to your property, you must make sure that their access is clear and safe.
10.3. You agree that physical or remote access to the Equipment in your property won't be obstructed. You also agree to give us (and our agents) safe access to the Equipment and to let us into your property:
a) in an emergency, at any time; or
b) at all reasonable times, for the purposes of providing the Services. This includes access to the Equipment to work on it or to remove the Equipment or any other related equipment.
10.4. You are responsible for events that happen at your property regarding the use of our products and services, and you must comply with any applicable network, safety, operational and technical requirements, as set out in this contract or in any information we have provided to you from time to time.
10.5. You are responsible for protecting your own equipment. Please see your service schedule to understand when ownership of equipment you purchase from us becomes yours and when you need to insure it.
What we need to do:
10.6. We will provide you with the products and services you order in compliance with the terms of your contract and in compliance with good industry practice and applicable legal requirements relating to those products or services.
11.2. If you suspect there is a gas leak, we operate a 24-hour emergency service which allows you to report any gas leak. You can contact us in relation to a suspected leak at any time. Our faults team will review the details of your issue as soon as reasonably possible and they may contact you.
13.2. If the named account holder moves out of your property and you remain, we will continue to supply services to you as the occupier for a period of up to 30 days, but a contract will be deemed to be formed on the date of the change and you will be bound by the provisions of the contract including the obligation to pay all future amounts due. At the expiry of the 30-day period, if you have not signed up for a contract in your name, we will terminate the deemed contract and terminate the provision of all products and services immediately, without notice.
13.3. Please see your service schedule for further requirements about moving home and what happens to your payments, your services and any equipment.
14.2. We may terminate this contract:
a) in any circumstances by giving you no less than 30 days' notice;
b) immediately if you have repeatedly breached the terms of this contract or breached it in a serious way;
c) immediately if we are legally prohibited from supplying your product or service;
d) immediately if you are unable to pay your debts, you become insolvent or have any order of a similar nature made against you or your property in any jurisdiction;
e) immediately if we are required to do so by any law, code or agreement or by any legal or governmental authority.
14.3. Please see your service schedule as there may be additional options available to you but generally, you may terminate this contract:
a) if you give us 3 months’ notice in writing provided that in the event that your application or service schedule contains a fixed Initial Term of service, any notice you provide will not expire until the end of such period unless you agree to pay all charges due to us during that period in advance and you have complied with all other obligations;
b) if we breach this contract in a serious way and do not fix that breach within 30 days of written notice from you; or
c) if we are declared insolvent.
14.4. If you want your supply of services to be disconnected or ceased temporarily, please contact us to discuss if there are any available options.
15.2. If you don’t owe us anything, we will refund any amounts held on your account within 60 days. You agree to give us your details (your name, bank account, forwarding address) so we can do that. You will not be entitled to any interest on any monies held by us on your account.
15.3. You must check your service schedule for additional rights and obligations regarding the effects termination to understand what happens including to the ownership of equipment or fees that you must pay on termination.
15.4. Termination of your contract will not affect the rights, remedies, obligations or liabilities that have already arisen to either party before termination.
15.5. Some of the provisions of your contract will survive termination, including section 12 (Ownership of equipment), section 21 (What is the limit of our liability to you and others) and section 22 (General legal provisions).
16.2. If you ask us to agree to any changes to the contract, if we agree to them we'll confirm what they are in writing and when they apply. Any changes of this nature must be agreed in writing as our staff cannot simply agree to amend our terms.
16.3. We will inform you of any changes by publishing them on our website and they normally take effect when they are published or from the date we specify. The latest copy of our terms will always be available on our website.
17.2. For all other products and services, unless you service schedule states otherwise, we may make any changes to the prices or any other applicable charges at any time. If we do so, we will give notice of our intention to do so and we will publish the new prices on our website along with the date they will begin to apply.
17.3. If we make changes to our prices or charges which put you at a significant disadvantage, we will give you notice and if you are not happy, you will be free to terminate the contract without penalty, but you will owe us all amount due under the contract to the date the contract is terminated.
17.4. Please see your service schedule for additional terms regarding amounts due to us on termination.
18.2. If you would like to discuss changes to your products and services generally, please contact us.
21.2. We won't, under any circumstances, be responsible for:
a) any financial loss, damage or expenses, such as loss of profit, income, business, contracts or goodwill;
b) any loss, damage or expenses which we or you would not have reasonably expected when we made this contract with you. That applies even if we, or anyone acting on our behalf, didn't follow these terms;
c) any statement, warranty or representation made by any person other than us in respect of your contract;
d) any breach of your contract that is caused by events beyond our control;
e) any indirect loss or consequential loss;
f) any loss, damage, expenses or disagreement that may arise between you and another person or us and any person other than you as a result of the installation and use of equipment at your property which is supplied by us or the provision of the services by us;
g) any interference or damage to other equipment in your property caused using equipment supplied by us.
21.3. We will take reasonable care not to damage your property when installing any equipment and we will be responsible for any damage caused by our negligence. You agree that some minor damage maybe caused to your property which needs redecoration and that you are responsible for any redecoration. We will not be liable for any costs of repairing any pre-existing faults or damage to your property.
21.4. Subject to any applicable laws, we do not provide you with any condition, promise, warranty or representation in respect of any equipment supplied by us or the Services, whether in respect of quality, description or otherwise, except as expressly contained in your contract or which we otherwise provide to you in writing.
21.5. We are not responsible for any claims or representations made by the manufacture of any of any equipment supplied by us.
21.6. Except for any loss under clause 21.1 above, if you suffer any loss or damage because of our failure to comply with the contract, our responsibility to you will be limited to no more than the amount of all charges due under your contract for the preceding 12-month period in total combined for any and all events that cause you loss.
21.7. You agree to indemnify us against any claim or claims, whatever they are or however they come up, in connection with our products and Services. You will not be liable for any claim or claims which come up as a result of our deliberate default or negligence.
22.2. We do not tolerate discrimination, violence, aggression or abuse towards our staff or agents. If this happens, we may ask you to contact us in different ways, suspend or terminate your contract, take legal action and, if appropriate, report it to the police.
22.3. Isle of Man Energy is a registered trademark and trading name of Manx Gas Limited. Any intellectual property rights including trademarks, copyright or design right existing in the equipment or services belong to the relevant owner.
22.4. We are not responsible for anything arising from events beyond our control (including a Force Majeure Event).
22.5. This contract is personal to you. You can't transfer any of your rights or responsibilities under your contract to another person without our prior written agreement. We can transfer all or any part of your contract to another company. If we do so, we will publish the information on our website.
22.6. If the contract ends for any reason, you and we will not lose any rights you or we already have (for example, to claim any money that is owed at the end of the contract).
22.7. These terms do not alter or restrict any statutory rights which cannot be altered or restricted.
22.8. If you don't keep to the terms or conditions of your contract and we don't respond right away, that doesn't necessarily mean that we won't do anything about it later.
22.9. Where we send you any written communications or documents, we can send them by post to your last known address or by email to the address we have in your customer record. If we send them by post they’ll be considered to have been delivered to you 48 hours after we post them and for emails, when they are sent.
22.10. Each individual clause and subclause of your contract applies separately. If a court or other authority tells us we can't rely on a certain clause or subclause, the other clauses and subclauses will still apply.
22.11. No one other than you can claim rights or benefits under this contract, now or in the future and by law or otherwise. This does not apply to anyone who is expressly authorised under this contact to become a party or claim the rights or benefits.
22.12. Isle of Man law will apply to your contract and the Isle of Man courts will have exclusive jurisdiction in relation to any claims or disputes.
23.2. All references to “you” or “your” means you, the customer.
23.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
23.4. A reference to a party includes its personal representatives, successors or permitted assigns.
23.5. A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted and a reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
23.6. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
23.7. A reference to writing or written includes faxes and emails.
23.8. There are certain other terms used in this contract which have a particular meaning and here’s what we mean:
Due Date The due date for payment as specified on an invoice and if no date is specified it is 28 days after the date of the invoice.
Force Majeure Event: Any circumstance not within yours or our reasonable control, which may include any of the following events as well as others:
- acts of God, fire, lightening, flood, drought, earthquake or other natural disaster;
- epidemic or pandemic;
- terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
- nuclear, chemical or biological contamination, explosion or sonic boom;
- any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
- collapse of buildings, fire, explosion or accident;
- misuse of equipment or failure of the electricity, communications or water services;
- shipping delays, industrial disputes (whether or not involving our employees) or non-performance by suppliers or subcontractors.
Equipment: has the meaning set out in the relevant service schedule.
GST: any applicable goods and services tax or any equivalent tax chargeable from time to time in the Isle of Man or elsewhere.
Initial Term: the initial fixed term period set out in your Order.
Order: your application or order for goods which can be made from time to time via our website, by phone or in person and any associated form or correspondence confirming your order.
Property: the property specified in your Order.
Services: the services provided by us to you, as set out in your Order or as agreed from time to time.
Schedule: the schedule(s) attached to this contract including the relevant service schedules.
VAT: any applicable value added tax or any equivalent tax chargeable from time to time in the Isle of Man or elsewhere.
we, us or our: Manx Gas Limited (registered in the Isle of Man with registration number 000721V and trading as Isle of Man Energy) with its registered office at Murdoch House, South Quay, Douglas, Isle of Man, IM1 5AS.
Working day: any day except Saturday, Sunday and the bank holidays in the Isle of Man.
you or your: the person or persons named on the Order as entering into this contract with us and any persons notified to us from time to time and accepted by us.
24.2. Unless it is necessary or advisable for us to be able to help you, we will not hold on to the details of why you are a priority customer, but we will note on your customer record that you are and need extra assistance.
26.2. If you need to send us any formal notice under this contract, please send it by post to our registered office address which is at Murdoch House, South Quay, Douglas, Isle of Man, IM1 5AS.
All references to “you” in these terms means you, the user of our website and references to “we” or “us” means Isle of Man Energy (our company details are below).
3. If you would like to link to a specific part of our website, you must seek our permission. Any links to our home page must be in accordance with the law and must not damage our brand or reputation. You must not imply or suggest any form of association or endorsement between you and us.
4. We will not permit, and you must not, link our website to any website containing distasteful, offensive or controversial content or which infringes the intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations.
5. We reserve the right to withdraw any permission granted to link our website for any reason, with or without notice. We may also request that you remove any links to our home page if they breach these terms.
6. We will not be responsible for the content of any of linked website or for any loss or damages suffered as a result of you using any linked sites.
8. You agree that you will:
8.2. only access and use our website to view information in relation to us and to transact lawful and authorised business with us and for no other purpose.
9. You agree that you will not:
9.1. disrupt, attempt to gain access or interfere with the services or servers or other software, hardware, equipment or database connected to or via the services;
9.2. introduce any viruses, trojan-horse type programs, malware or any other material that is malicious or technologically harmful to our website;
9.3. copy, reproduce, reverse-engineer, decompile, disassemble, resell, distribute, link to, or modify any part of our website without our written consent (and, where relevant, the consent of relevant third parties), except where permitted by law;
9.4 not attack our website via a denial-of-service attack or a distributed denial-of-service attack;
9.5 use our website to make any unauthorised or fraudulent applications to join IEG as a customer; and
9.6 use the website in any manner which violates or infringes the rights of any person, firm or company (including intellectual property, confidentiality or privacy rights).
10. We cannot guarantee access to or use or availability of our website. Your access is allowed on a temporary basis. At any time and for any reason, we may amend, withdraw, restrict or block access, with or without prior notice. We will not be liable for any reason if our website is unavailable at any time or for any period.
13. The content on this website does not constitute an offer for the sale of products of services.
14. Some of our products and services can be ordered online. If you submit an order, you are making an offer to us. We may contact you to verify the information provided and may send you an email confirming that we have received your order, but this is not acceptance of your offer. Once we have verified all your information and we decide if we can progress and the terms applying to your service will set out when the order is accepted and your contract starts.
15. No pricing or other information displayed on this website is binding until we formally accept an order from you. You will be charged the pricing applicable at the time the order is accepted.
17. You have the right to request that your account is closed. Please contact us if you would like to do so.
22. To help us improve our business and services, we analyse data from our website. This may include personal information such as your use of the services we provide and other anonymous information such as traffic over our website. You consent to this processing by using our website and by using our services.
24. If you have registered for any services on our website, you must keep you your log in details secure. It is your responsibility if you don’t. If you think that someone knows your log in details, please change your password immediately and please contact us. It is your responsibility to notify us of any issues including unauthorised access or breach of security as soon as you are aware. If necessary, we may require users to change their log in credentials for security purposes.
26. You must not commercially exploit any content on the website and you must abide by the terms of any intellectual property restrictions or licences displayed on our website. The information we provide on this website is for personal non-commercial use only and you must not modify it in any way.
27. Access to our website is not a licence to use our intellectual property rights in any way.
28. If you attempt to use any part of this website in breach of these terms, you right to use it stops immediately.
30. We will not be liable for any direct, indirect or consequential loss or damage (including contract, tort, breach of duty or otherwise) arising from the use of or any action taken in reliance on any advice, information, representation or omission appearing on our website, whether negligent or otherwise.
31. We exclude all express or implied conditions, warranties, representations or other terms that may apply to our website or any content on it. In particular, we make no warranties or representations (express or implied) as to:
31.1. the availability of our website and any issues you have in accessing it;
31.2. any disruptions, defects and technical errors occurring on our website;
31.3. viruses or other harmful elements present on our website, software and servers; and
31.4. third party websites, applications, products and services.
32. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your devices, software, data or other proprietary material due to your use of our website or on any website linked to it.
33. Nothing in these terms will affect our liability for death or personal injury arising from our negligence, nor for fraud or misrepresentation as to a fundamental matter or other liability that cannot by law be excluded.
34. You agree to hold us harmless, defend and indemnify us against any losses, costs or claims relating to your use or misuse of our website in breach of these terms and/or from any other person accessing our website using your log-in details.
36. We may also change any content on our website and can do so without notice.
38. If any of these terms are deemed invalid, void or for any reason unenforceable, that specific term(s) will be deemed severable and will not affect the validity and enforceability of any other terms.
39. These terms shall be governed by Manx law and the courts of the Isle of Man shall have exclusive jurisdiction.
Gas supply terms & conditions
We will show the latest version of all of our terms and conditions on our website at isleofmanenergy.im.
All of our terms and conditions contain words which have specific meanings, these words are capitalised. To understand their meaning, please see the definitions set out at the end of our general terms and conditions (which apply to all of our terms) and the extra definitions, which apply only to the supply of gas, set out at the end of this document.
These are our latest gas supply terms and conditions, dated 25 October 2022.
1.2. For us to start supplying Gas to you, we will ask you to provide us with certain information, and to take certain steps to allow us to set up your account and to comply with our legal obligations. You agree to give to us any and all information we require by law or which we reasonably require to enable us to supply Gas and/or to operate this contract (either before or during this contract). You agree that we can check your credit score before entering into this contract or at any time during the Agreement.
1.3. Your contract is normally formed when we accept an Order from you, submitted online, by phone or in store. We will confirm our acceptance of your Order by email (or other form of communication).
1.4. Your contract with us, and your responsibility for this contract, begins when we agree to supply Gas to your Property by confirming your Order or when we start the supply of Gas, whichever happens first.
1.5. In some cases, there will be a contract between us even where you haven’t submitted an Order or formally agreed a contract with us. This will happen where we supply Gas to a property which you own or occupy even if you have not actively agreed to the supply. This might happen where:
a) you move into a property already supplied by us until you agree a formal contract with us; or
b) the person who was the named account holder with us moves out of the property but you remain.
3.2. We aim to start supplying Gas on the Supply Start Date but timings are approximate and not material in this contract. As the dates might change, we are not liable for any delays or for any failure to supply Gas but we will communicate with you to make sure proposed dates and any changes are convenient to you.
3.3. We can change the Supply Start Date if:
a) you ask us to delay the Services;
b) we don't get the right information from you and we can't easily find it;
c) we can't start the Services due to problems at your Property or in relation to health and safety;
d) we can’t start the Services due to some other circumstance caused by you; or
e) something beyond our control happens (including a Force Majeure Event) and we've done everything reasonable to try and supply the Services.
4.2. Unless we have agreed a fixed Initial Term with you, you (or we) can end it at any time so long as you give us the required notice and do everything else set out in these terms.
5.2. We have no obligation to give, or continue to give, a supply of Gas to your Property if we are entitled under this contract, or by law, to cease supply.
5.3. We can refuse to supply Gas if:
a) your supply has been disconnected by us and there is no obligation on us to resume supply;
b) you are in breach of any terms of this contract;
c) we believe that supply might result in danger to life and/or property including as a result of meter tampering or other interference with the supply or Equipment;
d) we are legally obliged to cease supply;
e) you have refused to accept our payment terms which might include a security deposit; or
f) you have not provided, to our satisfaction, information required by us.
5.4. If we have agreed a contract with you but we can’t start, or continue, to supply the Services to you (including any of the circumstances listed above in 4.2), we can:
a) end the contract by giving you immediate notice; and
b) cancel any process we have started for the supply of Gas to your Property.
If we exercise our right to end the contract but we have already started to supply Gas to you, we can charge you for the Gas until we stop the supply.
a) are a consumer and not a business customer;
b) are the owner or occupier of the Property or are legally responsible for it and you have power and authority to enter into this contract;
c) and will not make or allow to be made (other than by a Gas Safe registered engineer with our prior written approval) any modifications or alterations to any appliance connected to the Gas supply up to the Meter or otherwise tamper with any appliance connected to the Gas supply up to the Meter.
6.2. You agree to give us safe and unrestricted access to your Property and the Equipment (including the Meter) at all reasonable times to:
a) take a meter reading;
b) carry out a safety inspection;
c) install, replace, test, maintain, remove or reposition the Equipment any appliance connected to the Gas supply;
d) disconnect the supply; and/or
e) reconnect the supply,
provided that we give you reasonable notice unless it is in the case of an emergency where reasonable advance notice is not possible.
6.3. If anyone else at your Property uses the Gas supplied by us, you are responsible for their use of the Gas and for paying our Charges incurred and any other appropriate or associated charges from time to time. We are also entitled to claim part or all of the money owed from anyone else at your Property who uses the Gas supplied to it without prejudice to any other rights we have to pursue monies owed to us.
6.4. By agreeing to this contract, you are agreeing that you will:
a) on written request from us, provide meter readings at least once a month using the link in the email sent to you (which can be via smart phone or computer) or via any mobile phone application that we might provide;
b) accept receipt of your invoice, with notification of the next payment amount, via any electronic means (unless otherwise agreed with us);
c) keep your personal details (including current email address) accurate and up to date;
d) tell us if you change your Premises from domestic to business use so we can try to confirm that you are on the correct tariff. We reserve the right to move you onto a non-domestic tariff if this is appropriate.
7.2. There will be equipment which is on your side of each Meter. You are responsible (at your expense) for making sure it is maintained in good working order and condition, and is operated correctly. We will be responsible for maintaining the Meter and our Equipment.
7.3. If you don’t allow us the access we need to our Equipment, we can charge you for the costs of gaining access to the Property which might include any third-party costs we incur in gaining access.
7.4. You cannot sell, give away, lend, mortgage, action or allow any lien or claim, assign or otherwise allow any other person to obtain any rights in respect of our Equipment.
7.5. You may be responsible for the costs (including installation) of any mains pipes or other plant or Equipment where required in order to allow you to receive the supply of mains Gas at the Property. We will inform you of the costs in advance and obtain your agreement before we start any work.
7.6. You promise to take all reasonable care to keep our Equipment at your Property free from damage or interference, and notify us immediately if any of the Equipment:
a) is interfered with, lost, stolen, damaged or stops working; or
b) is affected (or is likely to be affected) by anything that might impact the supply the Services or prevent us from taking meter readings or using it for the purposes specified in this contract.
If you fail to comply with this requirement, we will charge you and you will pay our reasonable charges for carrying out any repairs or other work to Equipment that we, acting reasonably, consider necessary to perform to enable us to fix the breach by you.
7.8. You must not remove the Meter without our permission or allow anyone other than us to work on or interfere with our Equipment. You can use “Gas Safe” engineer to work on your equipment which is on your side of the Meter.
7.9. We can recover any of our Equipment if this contract ends.
8.2. Please see our website for details of our tariffs and contact us if you would like to change your tariff or speak to us about your options.
8.3. You agree to take and pay for the supply of Gas in accordance with our published tariffs. The price of Gas will be the price set out in the relevant tariff(s) in force as at the date of supply and the price might include any other charges which are required or permitted. We can change our Published Tariffs, our charges and Standing Charges from time to time.
8.4. Our prices might include a Standing Charge and are inclusive of any VAT or GST, if applicable.
8.5. Our charges are based on a unit rate in pence per kilowatt hour for the Gas you use, as recorded by the meter.
8.6. Your invoice will set out the charges for the Gas you use, together with any Standing Charges in respect of each calendar month during the Term. Your invoice will be sent to you on a period basis, the frequency of which we will tell you.
8.7. The Gas you use will be calculated according to the readings taken from the Meter. We are responsible for reading the Meter and Meter readings will normally be assumed to be correct.
8.8. If the information we need for charging purposes is not available or we believe the Meter readings to be wrong, you agree that we can make such estimates for charging purposes as might be reasonable in light of previous Gas usage, any change in circumstances and/or any consumption estimates previously given to us by you (or previous occupant of your Property). You will pay us in accordance with those estimates. When the required information becomes available, any necessary adjustments will be made in the next invoice issued.
8.9. If we have used an estimated meter reading, you can submit a Meter reading and your next invoice will be adjusted accordingly.
8.10. When we are able to next take a Meter reading, if we (or you) discover that any Meter reading has been forgotten or is wrong, we will debit your account in the next invoice if you owe us money or credit your account if any money is due to you.
8.11. If we establish that the Meter has not correctly registered your Gas usage, you agree to pay an amount that reasonably reflects the amount of Gas you have used. If you dispute the accuracy of your Meter and if it is tested at your request, you will be required to pay a standard charge for the test. If the Meter is found to be inaccurate then you’ll receive a refund of this cost and we will change the applicable charges.
8.12. You acknowledge and agree that if you owed us any money under any other contract before the Supply Start Date, you will owe us that money under this contract, in addition to any other charges due.
9.2. If you pay by standing order, we will review your usage against the amount of your standing order in a similar way to the direct debit process set out above and we will let you know if you need to make appropriate changes to the amount of your standing order. If you don’t make the changes, we will still apply your existing standing order to your account and you will also remain liable for the outstanding balance above your standing order..
9.3. If you decide to cancel your direct debit or standing order, you agree to pay the full balance on your invoices and you agree that if we request it, you will provide us with a deposit to cover future amounts.
9.4. If you would like to change your payment method please contact us. Our contact details can be found on our website atisleofmanenergy.im/contact-us.
a) visiting your property to repair, move, install or exchange the Equipment other than as part of the Services, which might include disconnecting or reconnecting your supply of Gas.
b) carrying out work or move Equipment that isn't faulty;
c) if we are required to provide the Services or undertake additional work in respect of equipment that we didn't provide you under this contract unless we agree otherwise in writing;
d) work needed if the Equipment has been damaged or interfered with;
e) if we can't gain safe access to your property due to an obstruction which isn't then removed;
f) if we have to undertake additional work due to connections, fittings or facilities at the Property not meeting our requirements; or
g) you ask us to change or remove the Equipment;
h) you miss an agreed appointment and our engineer has turned up at your Property or we must visit your Property because you've failed to do what we've asked; or
i) providing you with printed copies of documents in connection with the Equipment and/or your contract.
a) you use or deal with the Gas improperly or you interfere with the efficient supply of Gas to you or any other person; or
b) if we have been unable to access the Meter at your Property and take a Meter reading for a period of at least 2 years.
11.2. If you haven’t paid the charges by the Due Date, after 7 days written notice, we can:
a) stop the Gas from entering the Property either by cutting off the service pipe or by other means as we think fit; and
b) recover the costs we incur in so doing from you.
11.3. If you have paid us an advance payment or deposit which is no longer sufficient or you have not paid any amount like this, we can provide you with written notice requiring you to provide us with a deposit. If you fail to provide an advance payment or deposit in the time frame specified in our notice, we can discontinue the supply of Gas to the Property for so long as the failure continues.
11.4. If you would like to terminate your contract, you can do so by giving us not less than 5 Working Days’ written notice, provided that you don’t owe us any outstanding amounts.
12.2. If we have cut off the supply of Gas to the Property:
a) as a result of any default by you, we will not be under any obligation to resume the supply of Gas to you until you have corrected default and paid the reasonable expenses of reconnecting the supply;
b) no one other than us or our agents can restore the supply.
12.3. If you have not given us the notice required by this contract to cancel it and access to the Meter for a final reading on a date agreed by us, you will be liable to pay us for all charges in relation to the supply of Gas up to and including the earlier of the following:
a) the 30th day after you give us notice; or
b) when we can gain access to take the final Meter reading.
If we have not been able to gain access to read the Meter within a reasonable period of time, we will provide you with a final invoice based on an estimated reading but if we do so, we reserve the right to invoice you for any outstanding amount when we can access the Property to read the Meter.
13.2. If you move home or otherwise stop occupying the Property without giving us at least  Working Days’ notice and access to the Meter for a final reading on a date agreed by us, you will be liable to pay us for all charges in relation to the supply of Gas up to and including the earlier of the following:
a) the 30th day after you give us notice; or
b) the day from which any subsequent occupier of the Property enters into a new contract with us to supply Gas to the Property.
13.3. If you move home without paying all amounts due to us in respect of the supply of Gas, we can refuse to supply Gas to you at any other property until you pay the amounts due.
a) we will, without liability, discontinue or restrict the supply of Gas to you; and
b) you will stop using or restrict your use of Gas, as required by our instructions.
14.2. If you continue to use Gas against our instructions, this will be a material breach of this contract and we can terminate it by immediate notice in writing.
14.3. If this contract allows us to terminate the contract and/or disconnect, stop your supply of Gas and/or to reconnect your supply or to do anything else that involves accessing your Property, you will provide us full free and safe access to it for any reason in connection with us exercising these rights.
14.4. If you ask us, or it is necessary for us, to carry out any additional work in connection with any attempt to disconnect or reconnect your supply, we can charge you, and you will pay us, our reasonable charges.
14.5. If you have done anything (or failed to do something) to cause us to disconnect your supply of Gas, you will have to pay our reasonable charges to restore your supply. If we have to disconnect or reconnect the Gas supply, you will be liable for all of our reasonable costs.
a) we are prevented from doing so by circumstances not within our control; or
b) if it would or might involve danger to the public,
and we have taken all reasonable steps to prevent the circumstances from occurring or to prevent them from having that effect.
15.2. You agree not to use any Gas, or any Equipment, or to allow any Gas, plant or Equipment to be used, in any way which is illegal or which might create any risk to the health or safety of any person or risk of damage to or loss of property or which might affect the supply of Gas to other properties or people.
15.3. If you suspect an escape of Gas, or damage to any Equipment which might result in the escape of Gas, you must notify us immediately. Further information regarding emergencies can be found on our website at isleofmanenergy.im/emergencies.
15.4. If there is an emergency, we can discontinue the supply of Gas to the Property and you must not use Gas (and ensure no one else does) until we tell you that it is safe to turn on the supply. You must follow any instructions that we give to you.
Gas: mains natural gas or bottled gas including any form or derivation of LPG or any other form of gas
Meter: the metering equipment at the Property up to and including the outlet for the (primary) metering installation which we use to measure the supply of Gas to the Property.
Services: the supply of Gas and any associated services.
Supply Start Date: the date on which we start to supply you with Gas, this will either be the date we have agreed with you or the date we confirm to you.
Standing Charge: the charge we apply to your invoice for any ancillary costs we incur in a calendar month in relation to this contract, as amended from time to time.
Tariffs: our prices and charges for the supply of Gas (which can be found on our website at isleofmanenergy.im/our-tariffs) as amended from time to time.
Term: the any period where we provide you with the Services, until terminated in accordance with these terms.
Homeplan terms & conditions
We'll show the latest version of all of our terms and conditions on our website at isleofmanenergy.im.
All of our terms and conditions contain words which have specific meanings, these words are capitalised. To understand their meaning, please see the definitions set out at the end of our general terms and conditions (which apply to all of our terms) and the extra definitions, which apply only to the Homeplan service, set out at the end of this document.
These are our latest Homeplan terms and conditions, dated 30 November 2022.
1.2. You can select the following levels of cover when you complete your Order:
a) Homeplan Basic
- Annual Service visit for your Valliant boiler and controls for your Alpha or Valliant boiler and controls
- Annual gas safety certificate (issued only on request to homeowner/occupier and automatically to landlords)
- All brands other than Alpha or Valliant
- Repairs to the central heating system (including radiators and hot water cylinders), cooking appliances, plumbing, drains and gas fires
- Any underfloor, inaccessible or hidden pipework or unvented hot water cylinders
- Costs of replacement parts -these will be charged for separately and might require additional labour to fit them unless covered by the manufacturer’s warranty
- Removing sludge or scale or repairing the damage it causes
- Any Call-Outs unless covered by the manufacturer’s warranty
- Annual Service visit for your boiler and controls
- Annual gas safety certificate
- All parts for your boiler and labour within Working Hours
- All brands other than Alpha or Valliant
- Any underfloor, inaccessible or hidden pipework or unvented hot water cylinders
- Repairs to the central heating system (including radiators and hot water cylinders), cooking appliances, plumbing, drains and gas fires
- Removing sludge or scale or repairing the damage it causes
- Out-of-hours Call-Outs
- Annual Service visit for your boiler and controls
- Annual gas safety certificate
- All parts for your boiler and labour in or out of Working Hours
- All brands other than Alpha or Valliant
- Repairs to the central heating system (including radiators and hot water cylinders), cooking appliances, plumbing, drains and gas fires
- Any underfloor, inaccessible or hidden pipework or unvented hot water cylinders
- Removing sludge or scale or repairing the damage it causes
1.4. You can’t opt to decrease your level of cover during the Term of your contract. If you would like to decrease your level for future periods, you must tell us at least one month before the anniversary date of your contract. We will make the change for you, effective from the next 12-month period following the anniversary date.
1.5. If you are a residential landlord and you have selected one of our homeplan products for your rental Property, this automatically includes a gas safety certificate.
2.2. Your Service will start on the Start Date which is set out in our email confirming our acceptance of your Order, which you will receive after your appliance has passed our initial inspection. If we accept your Order your contract will continue for an initial period of 12 months until the first anniversary of the Start Date (unless your Order states a different Initial Term). After that, it will automatically renew every 12 months on the anniversary, unless it ends in a way set out in this contract.
2.3. You can end your contract as set out in these terms.
3.2. Our acceptance of your Order (and your contract) is subject to a safety inspection, unless we tell you otherwise.
3.3. We will let you know a time and date for the inspection visit. We will normally complete the inspection within 28 days of processing your Order but this might not always be possible.
3.4. We will complete an initial safety inspection check list to show you what has been checked.
3.5. if your appliance has passed our inspection, we will confirm this by email.
3.6. If any work is needed to bring the appliance into full and proper working order, we will let you know what needs to be done and provide you with a quote. You will be charged for the work completed and acceptance of your Order is subject to any required rectification works being completed.
3.7. If you chose not to complete the work mention in section 2.2 above or we advise you that the appliance cannot be accepted because of its condition or age, we will let you know if there is an alternative service plan available. if no plan is available or you choose not to undertake the necessary work, your contract will end and we will charge you, and you agree to pay, for the initial inspection and we will refund any monies you have paid above that amount
6.2. If we need access to parts of the appliance built into the fabric of your Property, it is your responsibility to expose the required areas to let us to complete the required work. This includes, but is not limited to, pipes buried in walls or floors.
6.3. You must make sure that any appliance which is serviced under this contract is used in accordance with the manufacturer’s instructions.
7.2. If you have a breakdown or failure covered by this contract, you will be treated as a priority over Annual Services. This means your Annual Service might be rearranged if we receive a lot of breakdowns or failures from other customers.
7.3. We cannot guarantee that your Annual Service will be on the anniversary of your previous Annual Service, however, it will be completed once in each 12-month period of your contract, unless we can’t for reasons beyond our control or we expressly agree otherwise with you.
7.4. We might need to use sub-contractors to perform parts of the Services and where required, we will use approved Gas Safe nominated sub-contractors to carry out any such works under this contract.
7.5. We will complete our responsibilities within reasonable timescales but time is not material to this contract. There might be circumstances beyond our control which cause delays such as a Force Majeure Event and in particular, we can’t be responsible for delays caused by our suppliers or their agents.
7.6. We will determine if your appliance needs a spare part or if the part can be repaired. If it needs a spare part, we will source and order the part on your behalf and contact you when it arrives. We will source the manufactures part, an approved alternative or a suitable reconditioned part. We can normally source a spare part from our supplies but if we do not have it available we will have to source it from elsewhere and there might be a delay.
8.2. You agree to gives us access to all relevant parts of your Property, the appliance, installation, controls and fittings which we need in order to provide the Services.
8.3. You will need to ensure that we have access to pipework appliances or other equipment that is under the floor, built in or boxed. You might need to remove carpets and other floor coverings to allow us the access we need and you must do this before our engineer arrives or they will be unable to do the work..
8.4. If we determine that a part requires replacement or further repair and have carried out a temporary repair you must allow us access as soon as possible when we are ready to complete the permanent repair. We can’t be responsible for the consequences of a temporary repair where you have not allowed us access or you have delayed access and we will not be responsible for any damage caused to the appliance, system installation or controls.
8.5. We will review any request for a Call Out as soon as possible and assess, in our discretion, the urgency of the nature of the fault. We aim to attend within 24 hours of a report of a fault during Standard Working Hours on a Working Day but this may not always be possible.
9.2. If a fault happens within 20 days of a recent Call Out, we will determine whether the fault is related to any of our recent repairs or work, and if this is the case we will repair the fault free of charge if it is related to the work we completed during the Call Out. If the fault is not related or is outside this time period, we will provide you with a quote for any work needed which is not covered by your contract.
9.3. We will not cover any Call Out which we consider to be in any way dishonest, exaggerated or fraudulent. We can end your contract immediately and backdate the cancellation to the date of anything we determine to be dishonest or fraudulent.
9.4. We can refuse to work in areas which, in our reasonable opinion, are unsafe, including, but not limited to, unfloored loft areas.
9.5. If your level of cover provides for labour and parts for your boiler itself, this contract includes parts from the inlet valve to the outlet valve but doesn’t include additional costs including the cost of labour and materials used to fix faults on, or the replacement of associated items such as pipework, radiators, valves, cylinders, tanks, flue pipes, isolation valves and electrical wiring. It also excludes the replacement of the appliance in the case that spare parts are no longer available or in cases where work is required to rectify faulty workmanship carried out by another party.
9.6. This contract doesn’t cover
a) repairs required due to system design faults, pre-existing faults or system deficiencies or manufacturer design faults;
b) repairs needed due to your own, or a third party’s misuse, wilful damage, negligence or poor workmanship;
c) repairs undertaken by a third party and not instructed by us;
d) repairs required as a consequence of damage by pets and/or vermin;
e) faults caused by changes, loss or fluctuation to utility supplies (electricity, gas or water), floods, storms, freezing, lightning, explosion, subsidence, or any other structural changes;
f) repairs due to faults or damage caused by freezing weather conditions, subsidence, structural repairs, accidents, fire, lightning, explosion, flood, terrorism or storm or by changes to, or problems with, the gas, electricity or water services;
g) replacing the appliances or of upgrading the system, controls or fittings;
h) repairs to, or replacing, decorative or other parts which don’t affect safety or how the appliance or system works, resetting controls, repressurising the system or bleeding radiators after DIY activities, replacing (where a repair is not possible) lead, steel or other non-standard pipework;
i) repairs to, or, replacing steel cold water storage tanks, pipework buried in solid floors or walls, unvented hot water storage systems, domestic hot and cold water supplies, taps and valves Internal (after the gas meter) gas supplies, removing asbestos, repairing or replacing appliance flues or removing sludge or hard-water scale from the boiler or system;
j) redecoration and replacement or repair of any floor coverings or fixtures and fittings;
k) the internet connection or any internet connected devices used to control internet connected heating controls (for example, your smart phone or tablet);
l) loss, damage or liability arising from pollution or contamination;
m) any damage deliberately caused by or arising from a criminal act committed by you or by any other person; or
n) any work required to rectify blockages or remove airlocks.
11.2. We will not change the price of your cover during any 12-month period of your Term from an anniversary date but we reserve the right to change the prices to be applicable from the next anniversary date. We will provide you with notice of any changes to the prices before your anniversary date to allow you to give notice to terminate the agreement if you would like to do so.
11.3. If you fail to make payments when due, we reserve the right to suspend your Service until you pay us the unpaid amounts or terminate this contract.
a) on giving you one months’ notice;
b) immediately for reasons of safety, accessibility, unavailability of spare parts and/or age or condition of the appliance;
c) immediately on written notice if you have given false information or someone not authorised by us works on, modifies or alters the appliance of any associated controls;
d) immediately on written notice, if we can’t easily source parts to keep your appliance in a safe and good working order;
13.2. We can end your contract if you fail to make any payments in accordance with the terms of the contract.
14.2. If you move house and would like to take out a new contract with us for your new home appliances please contact us and we will be happy to arrange this for you.
Call Out means any request from you for us to come to your property to inspect or repair the appliance covered by this contract other than your Annual Service.
Annual Service means the annual service of appliances under the contract to make sure that they are working safely and in line with relevant requirements
Services The services that we will provide in connection with this Homeplan contract, which shall include the services set out in your Order to this contract and as formally agreed with you from time to time.
Start Date: The date on which the contract between you and us begins, which is the date on which we accept your Order.
Term: means the initial 12-month term of the contract from the Start Date (unless your Order states a different Initial Term) and any additional 12-month period thereafter, until terminated in accordance with these terms.
Working Hours: between the hours of 8.30am to 5.00pm on a Working Day.
Smart home terms & conditions
We'll show the latest version of all of our terms and conditions on our website atisleofmanenergy.im. All of our terms and conditions contain words which have specific meanings, these words are capitalised. To understand their meaning, please see the definitions set out at the end of our general terms and conditions (which apply to all of our terms) and the extra definitions, which apply only to the smart home product, set out at the end of this document.
These are our latest smart home terms and conditions, dated 25 October 2022.
1.2. Your contract with us, and your responsibility for this contract, begins on the Start Date. The contract will continue for the Initial Period, through which you pay for the Equipment and after that, it will continue on a monthly basis, during which we will provide the Services to support your Equipment. The charges payable under the contract will reduce to cover only the Services after the end of the Initial Period.
1.3. You can purchase additional Equipment from us at any time and this will be subject to the terms of this contract.
1.2. The supply and installation of the Equipment might be delayed if:
(a) you ask us to delay it;
(b) we don't get the right information from you and we can't easily find it;
(c) we can't supply the Equipment to you due to the property not being safe to install the Equipment at and/or the necessary electrical, internet (including wifi) and any other connections, fittings or facilities as recommended by us aren’t available; or
(d) something beyond our control happens (including, but not limited to, a Force Majeure Event) and we've done everything reasonable to try and supply and install the Equipment at your property.
2.3. You are responsible for making sure that all necessary electrical, internet (including wifi) and any other connections, fittings or facilities as recommended by us are available for the installation and operation of the Equipment. We aren’t responsible if the Equipment doesn’t function correctly or as advertised because you haven’t provided the necessary connections or the connections aren’t good enough to run the Equipment at any time during your contract.
2.4. To allow us to install the Equipment, you will need to provide what we consider to be a suitable connection to the boiler and power supply at your property. We will also need you to provide us with access to a suitable broadband internet connected router within 1 metre of the location at which the Equipment is to be installed. If we don’t consider there to be a suitable boiler, power supply and broadband internet connected router connection we might delay or cancel the installation of the Equipment and/or cancel this contract.
2.5. If, for any reason, we are unable to supply and install the Equipment within 7 days from the date on which we agree to install the Equipment, we shall be entitled to terminate the contract between you and us. In these circumstances, you might be required to pay us for any losses or expenses that we incur in connection with your contract.
2.6. When we install the Equipment you need to inspect it and tell us within a week if you believe the Equipment is not working correctly or otherwise does not match with the manufacturer’s specification of the Equipment. If you aren’t sure what to do, please contact us.
2.7. If you want to change the location of the Equipment at the property at any time, you must contact us so that we can do what’s necessary to move the Equipment. Please note that our standard charges will be applied to move any Equipment, which will be discussed with you.
2.8. We are not responsible for obtaining permission from any person other than you to install the Equipment or for the Equipment being used at your property. By placing an Order to us you are agreeing that you have obtained in any necessary permissions, and you are giving us your permission to enter your property to install and set up the Equipment. If we carry out work and you did not have permission, you will be responsible for any losses we incur due to you failing to get permission.
3.2. You cannot sell, give away, lend, mortgage, action or allow any lien or claim, assign or otherwise allow any other person to obtain any rights in respect of the Equipment (including the sale of your property before the end of the Initial Term whilst the Equipment is installed there) without our prior written permission and until you have paid all sums payable under your contract.
(a) the Equipment gets damaged, there is a fault with the Equipment, or the Equipment stops working properly;
(b) anything happens that might interfere with the operation of the Equipment (for example, if you're having building work done and you move the Equipment).
4.2. If the Equipment is damaged other than due to reasonable wear and tear, we won’t be responsible for any costs associated with repairing or replacing the Equipment. These costs are your responsibility.
4.3 Whilst your contract with us continues, you promise that you will:
(a) take care of the Equipment and keep it in good and serviceable condition (reasonable wear and tear excepted);
(b) let us have full access to the Equipment so we can provide the Services;
(c) pay us any costs in connection with the loss or damage of the Equipment before the end of the Initial Term;
(d) maintain suitable internet services (including wifi) for the proper functioning of the Equipment;
(e) not make any modification, amendment or addition to the Equipment without our prior written consent. If you are going to make any changes to your property that might affect the Equipment, or how you use it, please contact us and we can help establish if any changes need to be made; ;
(f) not remove the Equipment from your property until after the end of the Initial Term;
(g) provide at least 30 days' notice of your plan to move to a new property; and
(h) not use the Equipment illegally or in any way that might breach the instructions and/or guidance for use provided by the manufacturer of the Equipment or us from time to time. Further guidance can be found on Hive or Tado the websites.
4.4 There might be a guarantee or warranty given to us by the manufacturer of the Equipment,. If so:
(a) we will try to extend the benefit of any applicable guarantee or warranty to you, which might include us enforcing any rights on your behalf; and
(b) if we can extend a guarantee or warranty to you or we enforce that guarantee or warranty on your behalf, we can only do it if you agree to pay all of our costs, fees, claims, damages and expenses in taking such action.
4.5 Using the Equipment might change the amount of energy that you use. We can’t tell you if this will definitely go up or down and we can’t be responsible for any additional energy costs that you incur .
4.6 You acknowledge and agree that:
(a) we aren’t the original manufacturers of the Equipment;
(b) we have only selected the Equipment for this contract between us; and
(c) we consider the Equipment to be suitable for this contract.
4.7 The Equipment is for and domestic use only, at a single residential property.
4.8 Use of the Equipment will be subject to additional terms between you and the manufacturer, you might need to agree to these when using their app or online services. You will be solely responsible for complying with any of these terms and you are responsible for keeping your log in details secure.
5.2. The price for your ongoing Services after the end of the Initial Period will be notified to you before the end of your Initial Period.
(a) visiting your property to repair, move, install or exchange the Equipment other than as part of the Services, which might include disconnecting or reconnecting your supply of gas. Charges might also apply if:
(i) we carry out work or move Equipment that isn't faulty;
(ii) we are required to provide the Services or undertake additional work in respect of equipment that we didn't provide you under this contract unless we agree otherwise in writing;
(iii) the Equipment has been damaged or interfered with;
(iv) we can't gain safe access to your property due to an obstruction which isn't then removed;
(v) we have to undertake additional work due to the electrical, internet (including wifi) or any other connections, fittings or facilities at the property not meeting our requirements; or
(vi) you ask us to change or remove the Equipment;
(b) you haven't kept to the terms of your contract. For example:
(i) you don't pay us;
(ii) you miss an agreed appointment; or
(iii) we must visit your property because you've failed to do what we've asked;
(c) replacing Equipment that is lost or damaged, or providing you with printed copies of documents in connection with the Equipment and/or your contract; or
(d) if your bills are not paid after we remind you, we can start charging you interest. The interest will be applied daily at a rate of 4% more than the Bank of England's base annual rate. We can start charging interest 14 days after we provide you with your unpaid bill. We can charge you interest from the date that the unpaid amount was due to the date that such amount is actually paid.
8.2. If you are moving and you would like to take the Equipment to your new property and continue your contract, we can move your Equipment. Please contact us in advance for details of the one-off fee for doing so.
8.3. Alternatively, if you move property, we might agree to change your contract so that it is with the new owners of the property. In order to do so each of us, you and the new owner of the property must agree in writing, in a format to be provided by us, that the new owner of the property will be responsible for your contract. If we each agree to transfer your contract to the new owner of the property:
(a) your contract will not be cancelled but instead that person or persons will become responsible for your contract from the agreed date; (b) you will be responsible for paying all of our fees, charges and costs in connection with transferring your contract; and
(c) we will only transfer your contract to the new owner of your property once you have paid all money owed to us under your contract calculated up until such time as we transfer your contract to the new owner of your property.
8.4. If we do not reach any other agreement as set out above, if you move property, you will automatically be considered to have given us notice that you wish to terminate your contract early. As a result, you will be required to pay the full price of your contract and all charges payable under your contract as if your contract continued until the end of the Initial Term. You agree to tell the new owner that the Equipment belongs to us until you pay the full price of your contract. We might agree something different with you in relation to your moving property, however we are not required to reach another agreement with you and any alternative agreement must be confirmed by us to you in writing.
(a) any loss, damage or expenses that might arise as a result of or in connection with you sharing any login details, such as your username or password, for the Equipment with any person. This includes situations such as where you are a landlord and you share your login details with a tenant;
(b) any issues with your broadband connection or speed.
1. Firstly, you will need to follow the supports steps of the manufacturer of your Equipment (eg Hive or Tado). This means that you must first utilise their library of support articles, online support chat, and customer support phone lines when a fault arises.
2 If the manufacturers support does not fix your issue, we will provide over the phone support, and where we believe necessary might arrange an engineer to visit your property. Whilst engineer visits are included in your contract, there might be a time where we need to charge you for a visit. This includes, but is not limited to, items described in paragraph 5 of this schedule we will discuss any applicable charges of an engineer visit with you first.
3. You will need to tell us what advice the manufacturer has given and what has been tried before we can try to help you.
4. If there is a fault with your Equipment during the Term that cannot be fixed and requires replacing, we will replace and swap this out under this contract for no additional charge.
5. We can only help you when the fault or error relates to the Equipment itself. We will not be able to assist when faults or errors happen due to other factors such as boiler faults, property issues, wiring faults or internet faults.
6. Please also note that we will not provide support services in relation to any smart home equipment that has not been purchased from us under this contract.
7. We reserve the right to refuse to provide the support services if we believe that the requests are unreasonable in any manner.
8. We reserve the right to withdraw support services and to change the levels of support we provide under the contract and will inform you of any significant changes.
Equipment: The equipment supplied by us to you as part of the Smart Home Service and your contract, including the equipment set out in your Order.
Initial Term: means the initial period set out in your Order, which starts on the date of installation of the Equipment.
property: The building or space that we provide the Equipment for use at as identified in your Order.
Services: The services that we will provide in connection with your use of the Equipment, which shall include the services set out in the Schedule to this contract and as formally agreed with you from time to time.
Start Date: The date on which the contract between you and us begins, which is the date on which we accept your Order or when you agree that we'll install the Equipment – whichever comes first.
Term: means the Initial Term and any period and the period thereafter where we provide you with the Services, until terminated in accordance with these terms.
This is our privacy notice for home energy supply and support services. It explains your statutory rights and how we collect and use your personal data. It describes the data processing activities that are carried out by Manx Gas in relation to our home energy supply and support services, the purposes for which these activities are performed and the legal bases that Manx Gas relies upon for these processing activities.
We may update this privacy notice from time to time to ensure it is always up to date and accurate. Any changes we may make to our privacy notice will be posted on this page, and we will communicate any significant changes to you.
You can contact Manx Gas’s data protection officer by writing to The Data Protection Officer, Manx Gas Limited, Murdoch House, South Quay, Douglas, Isle of Man, IM1 5PA. You can also contact our data protection officer at email@example.com.
We collect the following types of personal data:
- Your contact details and the contact details of people associated with your account: Information that allows us to contact you directly such as your name, email address, telephone number and addresses associated with your account or order.
- Account information and details of other people linked to your account: Information about your account with Manx Gas including your login details for our customer e-bill portal, websites, date of birth, unique account number, contract details,
household details, property type, nominees, executors, or people with a power of attorney and their details, or someone else set up to pay your bill, meter details, energy use and consumption pattern, tariff details, complaints details, incident details, appointment details, and notes added to your account.
- Vulnerability information:Information that allows us to understand whether you are in a vulnerable situation.
- Audio and video recordings, and contemporaneous notes:Recordings of telephone calls, records of site visits by our field operations teams and revenue protection teams.
- Financial information:information that you provide that allows us to understand your creditworthiness and financial position.
- Transaction and payment information:Bank account details you provide to make payment for the products and services you purchase from us. If you pay someone else’s bill, we will have a copy of your payment information. If someone else pays your bill, we will have a copy of their information linked with your account.
- Account history and purchase history:Records relating to the products and services which you have purchased or used.
- Responses to service improvement surveys:Including records of any surveys
- Records of your discussions with our customer support teams, including call recordings, emails and chats made via our e-bill portal:When you share comments and opinions with us, ask us questions or make a complaint we will keep a record of this. This includes when you send us emails, phone our support team or contact us via our e-bill portal or through social media such as through Twitter or on Facebook.
- How you use websites and e-bill portal:We use technology such as cookies (subject to your cookie preferences) when you use our websites or e-bill portal, we collect information about the pages you look at and how you use them.
- Location information:Your smart device or computer's IP address may tell us an approximate location when you connect to our websites but this will be no more precise than the city or country you are using your device in.
- Device and machine information:Information about the computer hardware and software or on your smart device that is used to connect or communicate with us.
- Exercising your rights:If you exercise any of your statutory rights under data protection law, we will keep a record of this and how we respond.
We process these items of your personal data to enter or fulfil the contract between us, including:
|Reason or purpose||Personal data used|
|Supply you with home energy, provide our services to you and maintain your account (including for quality assurance purposes, and handling any complaints you might make)||All personal information we collect as listed in |
|Take payment for home energy supplied and any products and services you have used or requested along with the recovery of debt.|
|Deliver products to you, install, service or maintain your appliances, provide emergency services and service contract services.|
|Perform credit checks at your request when purchasing products and services|
|To deliver service communications (such as bills), and tailoring those communications to your circumstances|
|Answer your complaints or questions|
|Showing you your energy consumption|
We process these items of your personal data because we have a legal obligation to, including:
|Reason or purpose||Personal data used|
|Attending to emergency situatio s (including gas leaks and reports of fumes)|
|Investigating misuse of your account, crime and fraud Comply with regulatory requirements|
|Understand the information we hold to ensure compliance with data protection legislation||All personal information we collect as listed in |
|Internal and statutory audits||All personal information we collect as listed in |
We process these items of your personal data because we have a legitimate interest to do so.
We process the following categories of personal data, including:
|Reason or purpose||Personal data used|
|Maintain and improve our products and services, |
e.g. tariffs and tariff setting, improve customer service, improve energy efficiency, optimise business processes, quality
assurance purposes, support efficient management of our staff, analyse performance of web pages and provide relevant content to you
|Look after customers who have a vulnerability(e.g. if you have requested to be put on the Priority Services Register)|
|Develop new products and services|
|Assess which of our products and services that may be of interest to you, e.g. To understand regional demographics and take up, tailor offers and recommendations to custo ers’ needs and reward loyal customers|
|Direct marketing. If you have not specifically consented to receive direct mar eting, we will only send you direct marketing aterials where we are allowed to because of law.|
However, we will never send yo direct marketing where you have opted out of receiving direct marketing communications
|For market research purposes, e.g. to understand how you use our products and services or how we might improve them|
|Management information reporting|
|Protection of our staff||All personal information we collect as listed in |
|Staff training||All personal information we collect as listed in |
|For the establishment, exercise or defence of legal claims||All personal information we collect as listed in |
|Maintain accuracy and relevance of your data||All personal information we collect as listed in |
|Testing and development of our IT systems||All personal information we collect as listed in |
We may process these items of your personal data when you have provided your consent to the processing.You may revoke your consent at any point:
- Your contact details and the contact details
- of people associated with your account
- Account information and details of other
- people linked to your account
|Reason or purpose||Personal data used|
We may anonymise and aggregate any of the personal data we hold (so that it does not identify you). We may use anonymised and aggregated information for purposes that include testing our IT systems, research, data analysis, improving our web sites, and developing new products and services.
Directly from you:When you set up an account with us, purchase products or services from us, submit information via our websites or e-bill portal, complete forms we provide to you, enter our competitions and promotions, make a claim, make a complaint, exercise your statutory rights, contact us by phone, email or communicate with us.
Our website and e-bill portal: We collect information about how you use them and any devices you use to connect to them.
Other companies we work with:Provide us with information to help us deliver our products and services to you. These include:
Companies in the same group of companies as us (Guernsey Gas, Kosangas Guernsey, Kosangas Jersey, Jersey Gas): who may provide relevant information about the products and services bought from them.
Debt collection agencies.
Credit and Anti-fraud reference agencies:Provide us with information about your transaction and claim history and credit history.
Social media:information that you submit to our social media accounts.
Housing associations and developers, including local authorities and social housing providers:Provide us with tenants’ information, to enable us to make contact about their energy supply.
Other people linked to your account:If someone pays your bill on your behalf, or you are set up to pay someone else's bill,
we may obtain information about you from them.
Public registers:Such as the Land Registry provide us with information about your property.
We never sell your data to a third party for their own marketing use.
We share personal data with the following categories of third parties.
|Companies in the same group of companies as us||Kosangas Guernsey, Guernsey Gas, Jersey Gas, Kosangas Jersey, Islands Energy Group|
|Any party approved by you||A credit reference or finance company, if you want to take out a Credit agreement or boiler leasing agreement|
Print and Mail fulfilment and e-billing
|Credit and Anti-fraud reference gencies|
If you want to take out a credit agreement or boiler leasing agreement
|To comply with financial audit regulations|
|Gas Industry supervisory bodies||Gas Safe Register as part of a gas safety investigation|
|The Government or our Regulators||Isle of Man Government |
Isle of Man Government Office of Fair Trading and Debt Counselling Service
Isle of Man Information Commissioner’s Office
If you raise a dispute or complaint to be reviewed by an external body, we may share information such as your contact details, meter readings,
payments, transactions and equipment in order to resolve your complaint.
|Companies that help us run our business, support our IT infrastructure and websites to further understand our customers||Manx Telecom – to provide network services|
Manx Technology Group – to provide managed service infrastructure and application support
Microsoft – to provide data centre services
Inoapps – to provide data centre services
Nexer Group – to provide application support for customer management and billing
Swiss Post Solutions – to provide e-billing solutions and customer e-bill portal
Key IVR – to provide secure card payment services
Aecor Digital – to provide web application support
Rant & Rave – to manage customer insight into services we have provided
PA2GO - to provide complementary customer support service
Email, SMS, post and telephone marketing:If you have not consented to receiving direct marketing communications, we will only send these communications to you when permitted to do so by law, but in all circumstances we will respect your marketing preferences which you set when you first create your account with us (or you first deal with us), or which you update from time to time
When you call Manx Gas we may also provide you with information about products and services we believe you may be interested in.
The details here provide a high level overview of how and where we capture and / or use personal data on our own and third party websites and applications.
Any adverts you may see whilst using the website anonymously will be generic in nature i.e. it will not use any personal data to ‘personalise’ the advert to you.
If you chose to complete an online application, enquiry or other form then the form will set out explicitly how the data you provide will be used.
Manx Gas uses third parties located in Guernsey, Jersey the Isle of Man, the UK and other countries to help us run our business. As a result, personal data may be transferred outside the countries where we and our customers are located. This includes countries outside the European Economic Area ("EEA") and to countries that do not have laws that provide specific protection for personal data. We have taken steps to ensure all personal data is provided with adequate protection and that all transfers of personal data outside the EEA are done lawfully.
Where we transfer personal data outside of the EEA to a country not determined by the European Commission as providing an adequate level of protection for personal data, the transfers will be under an agreement which covers the requirements for the transfer of personal data outside the EEA, such as the European Commission approved standard contractual clauses.
We will keep your personal data for as long as necessary in order to achieve the processing purposes.
You may have the following rights in relation to your personal data:
- the right to be informed about the personal data we collect, how your personal data is being used, and from whom we collect your personal data when we obtain it from other sources;
- the right to access the personal data we hold about you;
- the right to request the correction of inaccurate personal data we hold about you;
- the right to request the blocking or deletion of your personal data in some circumstances;
- the right to request that we port elements of your data either to you or another service provider;
- the right to object to us processing your personal data (where we do so only because you have consented, or because we are using automated means to make decisions that affect you); and
- the right to withdraw your consent.
You only have the benefits of some of the above rights in limited circumstances, which depend on the legal reason why we collected your personal data.
To exercise any of the above rights, or if you have any questions relating to your rights, please contact us using the details below.
If you have any privacy-related questions or comments, please contact Manx Gas’s Data Protection Officer by writing to The Data Protection Officer, Manx Gas Limited, Murdoch House, South Quay, Douglas, Isle of Man, IM1 5PA.
You can also contact our data protection officer at firstname.lastname@example.org
We are here to help and encourage you to contact us to resolve any complaint you may have in first instance