These terms and conditions apply to
Your use of Our Business My Account Online Services and Your and Our respective
rights and obligations.
DEFINITIONS AND INTERPRETATION
In these terms and
conditions the following expressions have the following meanings:
User” means your initial user/registrant for the purposes of use of the
Services who will be permitted to authorise further Authorised Users and have
full access to all information concerning your supply from Us that is available
via the Services;
means any holding company or subsidiary company of a company or any company
which is a subsidiary company of any holding company of that company and the
expressions “holding company” and “subsidiary company” shall have the meanings
assigned to them by Section 736 of the Companies Act 1985;
User”’ means any person authorised by You to use the Services,
including without limitation, the Administration User;
Information” means information made available to you as part of the
Services relating to Our billing of Supply to You;
means using the Services to:
submit Customer Own Meter Read(s);
notify Us of a change in Your pattern of
submit queries and call-back requests;
submit feedback on the Services;
use any other facilities, which We may from time
to time incorporate into the Services.
Own Meter Read” means Your own reading from Your Metering Equipment (as
defined in Your npower Contract);
Contract” means the contract (whether actual or deemed) for the supply
of mains gas and/or electricity between You and Us in force at any time you
make use of the Services.
Group” means any subsidiary of RWE npower plc engaged in the supply of
mains gas and/or electricity to customers for business purposes;
the user ID of any Authorised User; and
the user password of any Authorised User; and
any other security processes notified to You by Us
from time to time
each in accordance with Our
requirements for selection and allocation of such information;
means any or all the facilities provided by Us to You to enable You to
undertake Communications or Us to provide Billing Information via a computer
connected to Our server via the internet under the name
Business My Account Online Services;
means the supply of mains gas or electricity under the npower Contract;
means these terms and conditions as amended from time to time in accordance
“Our” or “We”
means the npower Group company by which you are supplied with mains gas and/or
electricity under an npower Contract and in relation to which supply, you use
the Services, including without limitation, npower Limited, npower Direct
Limited and npower Commercial Gas Limited, each having its registered office at
Windmill Hill Business Park, Whitehill Way, Swindon SN5 6PB and each of those
companies shall have the right to enforce these Terms;
Profile” means the extent of permitted access to and use of the
Services given to an Authorised User as designated by Us at any time and
allocated by Your Administration User to Your other Authorised Users;
or “Your” means the party (whether
an individual, sole trader, partnership or limited liability company) which We
Supply and includes, where the context requires, any Authorised Users.
The headings to clauses
in these Terms are for ease of reference only and shall not affect the
interpretation or construction of these Terms.
USE AND PROVISION OF THE SERVICES
You warrant that the Administration User and any other Authorised User and any
person using Security Information to access the Services, and who is required
to accept these Terms, has authority to accept them and bind You in such a way.
You also warrant that any such person has full authority to use Security
Information to access the Services.
The Services are only available for so long as you remain a customer of Ours
and in respect of any site of Yours which We Supply.
You are responsible for obtaining and maintaining your own compatible computer
equipment, software and communications lines (including any public
communications lines) required by You to use the Services (“Your Equipment”).
Neither We, nor any of Our Affiliates, have any responsibility for or liability
with respect to Your Equipment.
You are responsible for all communications and other charges incurred by You in
gaining access to and using the Services.
We cannot guarantee and make no warranty as to continuous provision of the
We will not be responsible to You if changes to the Services, operations,
procedures or products:
Your Equipment obsolete;
modification or alteration to Your Equipment; or
performance of Your Equipment.
We reserve the right to control, change, direct and establish technical and
security procedures for the use of the Services and You agree to follow Our
reasonable instructions and procedures
or those of any of Our Affiliates with respect to the use of the Services
(including without limitation, restricting the number of Authorised Users, use
of certain aspects of the Services to certain customers, depending on the
metering equipment used by such customers) as notified to You from time to
time. We also reserve the right to make operational changes to the Services and
will notify You of any such changes by e-mail notification to the last notified
e-mail address of the Administration User.
You acknowledge that Authorised Users' access to Services is limited according
to their User Profile determined by Us and that Your Administration User can
set and change the User Profile of any of Your Authorised Users. We may also
alter the User Profile of any Authorised User on your instructions.
We may alter the facilities available under the Services at any time. We will
notify You of any changes to the Services which We consider to be significant
by e-mail notification to the last notified e-mail address of the
We are not responsible for (but You will be responsible for) the accuracy of
the information transmitted by You and shall not be liable for any loss
incurred or damage suffered by You due to any such information not being
accurate or complete.
We do not warrant that the Billing Information is up to date or that it will be
brought up to date within any particular timescale following any Communication
from You. Submission of Customer Own Meter Reads is at all times subject to
validation by Us according to Our normal business practices and subject to
this, We will update Billing Information following a Communication as soon as
reasonably practicable. Billing Information may be subject to further updates
either from You or Us.
We do not warrant that We will act upon any notification by You of changes in
consumption pattern by any Communication within any particular timescale.
You are solely responsible for virus checking all information sent to You by Us
and downloaded from Us using the Services. We shall not be liable for any
corrupt information sent to You, by Us.
You shall not and shall procure that none of Your Authorised Users, employees,
agents or contractors engage in any abuse or fraudulent use of the Services.
Abuse and fraudulent use of the Services shall include (without limitation):
attempting to, or
actually obtaining, accessing, altering, de-compiling, reverse engineering or
destroying the data files, programs, procedures and/or information of Ours or
of any of Our Affiliates or of another customer of Ours or any of Our
assisting another to
perform the acts prohibited in (i) above;
using the Services in
such a manner as to interfere unreasonably with the use of the Services by any
other customer of Ours or any of Our Affiliates;
introducing into the Services or any equipment used by Us in connection with
the provision of the Services any destructive or contaminating program or
advising any other party how to do so.
The Services and information transmitted under them are intended solely for the
use of the party for whom they were created. If information is received in
error please notify Us immediately by e-mail to Our e-mail address as notified
to You from time to time for the purposes of Communications with Us. The
information must not be used for any other purpose.
You must notify Us immediately if You become aware of any error or any
suspected error in the Services or in any transaction resulting from using them
by e-mail to Our e-mail address as notified to You from time to time for the
purposes of Communications with Us. You should check your account(s) carefully
at all times.
We may act on any Communications using the Security Information. We are not
liable for any action taken, or loss resulting from the receipt of such
Communications given by any unauthorised person using the Security Information.
We shall not be required to undertake any action pursuant to any Communications
in any particular order.
We may at Our absolute discretion refuse to act upon any Communication or
reverse any action taken by Us in response to any Communication. We shall not
be liable for any loss resulting from Our acting or refusing to act upon any
Communication received by Us.
You undertake to co-operate fully with Us in any investigation We may wish to
carry out in relation to the use of the Services.
You shall only use the Services for lawful purposes relating to your account(s)
with Us and shall not use the Services to send material that is offensive,
obscene, in breach of confidence, defamatory, or in breach of any intellectual
No Communication made under the Services shall take effect as a notice under
Your npower Contract(s).
Nothing in these Terms nor Your use or Our provision of the Services shall
prejudice Your npower Contract(s) or prejudice or waive any of Our rights in
respect of Your Supply under Your npower Contract(s).
We will supply You with
Security information. You acknowledge that certain Security Information may be
sent direct to an Authorised User without inclusion of an Administration User.
You must keep your
Security information secret. You must take all reasonable precautions to
prevent its unauthorised or fraudulent use, including, but not limited to:
Any Authorised User
choosing a user name and password when You first access the Services;
Changing password of any
Authorised User immediately upon You or any of them becoming aware or
suspecting that the Security Information has been obtained by any person other
Never recording Your
Security Information in any form;
Never telling anyone
else your Security Information, other than Our employees engaged in the
provision of the Services;
Notifying Us immediately
if You know or suspect that someone else knows your Security Information by
e-mail to Our e-mail address as notified to You from time to time for the
purposes of Communications with Us.
Whilst We will ensure
that no Communications can be made or Billing Information provided using the
Services without the correct Security Information being provided, We shall not
be obliged to take any further steps to check that the Services have actually
been provided to You or an Authorised User.
You undertake fully and
effectively to indemnify Us and keep Us indemnified at all times against all
actions, proceedings, costs, claims, demands, liabilities and expenses
whatsoever (including legal and other fees and disbursements) sustained or
incurred by Us directly or indirectly in respect of:
and/or use of the Services by You and Your Authorised Users;
data or material produced, transmitted, downloaded or accessed by You and Your
any breach by You or
by Authorised Users of any of these Terms or of any law, code or regulation.
We will not be liable to
You for any loss You suffer as a result of Us acting on any Communication as
mentioned in Condition 2.14.
We are not responsible
for any misuse of the Services by You or anyone else, nor for any disclosure of
confidential information by Us where You have failed to take reasonable
precautions to maintain the Security Information as detailed in Condition 4
We will not be liable to
You for any loss You suffer due to any circumstances beyond Our control which
lead to the Services being wholly or partly unavailable for such reasons as,
but not limited to, a technical break-down, industrial dispute or
communications or power failure.
Nothing in this
Agreement shall exclude Our liability for death or personal injury caused by
We accept no liability
to You for any indirect loss or damage (however arising), nor for any loss of
profits, loss of sales, loss of turnover, loss of bargain, loss of opportunity,
loss of computer equipment, software or data or loss of time.
Our entire liability to
You for any claim for physical damage to Your property arising from breach of
these Terms, tort (including negligence) or otherwise shall not exceed the
liability limit contained in your npower Contract or to the extent that there
is no liability limit in your npower Contract, £100,000.
Our entire liability to
You (other than as provided elsewhere in this Condition 4) and whether arising
under these Terms, in, tort (including negligence) or otherwise shall not
exceed the liability limit contained in your npower Contract or to the extent
that there is no liability limit in your npower Contract, £100,000.
For the purposes of this Condition 4.8, a series of claims arising from
the same or connected series of events shall be deemed to be a single claim.
Each of the
sub-conditions of this Condition 12 shall be treated as a separate and
severable term. If any sub-condition is held to be invalid, unlawful or
otherwise unenforceable, the other sub-conditions shall remain valid and
binding on the parties and survive termination of the Services.
TERMINATION OF THE SERVICE
We may terminate,
suspend or withdraw the use of the Services at any time. Except where security
requires it or in circumstances beyond Our control, or in the event of fraud or
Your breach of these terms (when We will give you such notice) We will give You
at least 30 days prior notice as is reasonable in all circumstances.
Any Security Information
or documentation relating to the Services and used by You remains Our property,
and upon termination of the Services, for whatever reason, shall be returned to
Us and/or destroyed, as instructed by Us at that time. Such material shall not
be copied, transcribed or used for any purpose other than as specifically
authorised in the Terms.
The following Terms
shall survive the termination of the Services: 2.20, 2.23, 3.2, 4, 5.2, 5.4, 6
Termination of the
Services will not affect any rights or liabilities of either of Us that have
DATA AND CONFIDENTIAL INFORMATION
All personal data (as
defined in the Data Protection Act 1998) held by Us will be used only in
Due to the nature of
online communications, We cannot guarantee the security of any confidential
information which is transmitted through it.
If any of the conditions
or sub-conditions in these Terms shall be found by any Court or administrative
body of competent jurisdiction to be invalid or unenforceable the invalidity or
enforceability of such provision shall not affect the other provisions of these
Terms and all provisions not affected by such invalidity or unenforceability
shall remain in full force and effect to the fullest extent permitted by law.
You agree to substitute for any invalid or unenforceable provision a valid or
enforceable provision which achieves to the greatest extent possible the
economic, legal and commercial objective of the invalid or unenforceable
No delay, neglect or
forbearance by either You or Us in enforcing any of the Terms nor any single or
partial enforcement of any of the Terms shall be taken as a waiver or otherwise
prejudice the rights under these Terms or preclude any other or further
exercise of the same or any such right, power or remedy. Any express waiver of
any breach of these Terms shall not be deemed to be a waiver of any subsequent
None of Our personnel
have the authority to agree orally to vary these Terms. We may at Our
discretion change these Terms by giving You at least 30 days notice.
None of these Terms is
intended to confer a benefit on, or to be enforceable by, any person on whom
such a benefit or right is not expressly conferred in these Terms.
Any notice of or
connected with a dispute under these Terms should be sent to Us at Our
registered office for the attention of the Company Secretary and to You at Your
billing address held by Us or to any other address notified by either You or Us
to the other from time to time. Notices can be sent by hand, by post or by
The Parties hereby
submit to the exclusive jurisdiction of the Courts of England and
and any disputes under this
Agreement will be resolved in accordance with the laws of
At npower, we’re committed to
providing you with unbeatable value and an excellent service. So, We collect
the information that you give Us when you contact us. Then We use it to provide
you with any goods or services requested, to administer your accounts, for risk
assessment, for marketing, to analyse your account histories and to generally
improve Our service to you. We may also contact credit reference agencies who
will record the search. If We intend to use information for any other purposes
we'll tell you when We collect it and you'll have at least 30 days to object.
sites to Our half-hourly online service and Our Business My Account Online
Service. Links within these sites to other websites are not covered by this
All npower companies comply with the
Data Protection Act 1998. We only use personal data fairly and lawfully, and
ensure that it is kept secure. Nothing is stored online and Our systems are
extremely well protected. And, We will not pass the information that you give
Us to any organisations beyond npower Limited, Our associated and subsidiary
companies and Our agents and service providers, unless We inform you otherwise
and you don't object.
do We collect?
We collect the information requested
by Our contact forms, together with any comments or ideas that you may send Us.
And We monitor site traffic. Discovering the pages that are of most interest to
you means that We can make them more accessible. We will (unless it's
impractical) tell you if We obtain and store information from any other source
and also how We intend to use it.
can you find out what is stored about you?
Just ask us! You can e-mail Us at
email@example.com or write to The Data Protection Officer, Database
Operations, npower Ltd, Oak House,
The information that you request
will be provided within a maximum of 20 working days. We try to ensure that the
information We hold is accurate, up to date and relevant and we'll be happy to
correct any inaccuracies.
Cookies are files that are recorded
in temporary Internet folders on your PC.
They’re a useful tool because they
enable Us to get to know you better, by recording the way you use npower.com.
We’re able to identify your preferences and provide you with a more relevant
Like most web sites, npower.com uses
a Unique Visitor Cookie (which is supplied and managed by a carefully selected
statistics provider) to identify your PC by a random number (eg #12489). It
records no personal data.
Cookies also enable Us to provide
you with certain facilities, like the savings calculator and the wish list in
the homemover section.
A credit checking cookie also
enables businesses to take advantage of npower credit checking service offers.
Cookies used in Our Business My
Account Online Service are encrypted to ensure that you have secure access to
If you’ve said you’re happy for Us
to correspond with you by e-mail – We will. But should you, for whatever
reason, decide you no longer want to receive e-mail from us, you’ll be able to
You’ll be able to read about it on
this page – as soon as it happens.
From time to time npower include
hypertext links to sites which are created by individuals and companies outside
npower. We do this when there is a particular relevance to the topic you're
reading about. And whilst We endeavour to check that the content of these sites
is suitable, We unfortunately cannot take any responsibility for the practices
of the companies who publish the sites that We link to, nor the integrity of
the content contained within them.