NPOWER BUSINESS MY ACCOUNT ONLINE SERVICES - TERMS AND CONDITIONS

 

These terms and conditions apply to Your use of Our Business My Account Online Services and Your and Our respective rights and obligations.

 

1.       DEFINITIONS AND INTERPRETATION

 

1.1   In these terms and conditions the following expressions have the following meanings:

 

Administration 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;

Affiliates” 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;

Authorised User”’ means any person authorised by You to use the Services, including without limitation, the Administration User;

Billing Information” means information made available to you as part of the Services relating to Our billing of Supply to You;

Communications” means using the Services to:

(i)                   submit Customer Own Meter Read(s);

(ii)                 notify Us of a change in Your pattern of consumption;

(iii)                submit queries and call-back requests;

(iv)                submit feedback on the Services;

(v)                  use any other facilities, which We may from time to time incorporate into the Services.

Customer Own Meter Read” means Your own reading from Your Metering Equipment (as defined in Your npower Contract);

 npower 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.

npower Group” means any subsidiary of RWE npower plc engaged in the supply of mains gas and/or electricity to customers for business purposes;

Security Information” means:

(i)                   the user ID of any Authorised User; and

(ii)                 the user password of any Authorised User; and

(iii)                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;

Services” 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;

Supply” means the supply of mains gas or electricity under the npower Contract;

Terms” means these terms and conditions as amended from time to time in accordance with them;

Us”, “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;

 User 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;

You” 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.

 

1.2         The headings to clauses in these Terms are for ease of reference only and shall not affect the interpretation or construction of these Terms.

 

2.       USE AND PROVISION OF THE SERVICES

 

2.1         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.

 

2.2         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.

 

2.3         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.

 

2.4         You are responsible for all communications and other charges incurred by You in gaining access to and using the Services.

 

2.5         We cannot guarantee and make no warranty as to continuous provision of the Services.

 

2.6         We will not be responsible to You if changes to the Services, operations, procedures or products:

(i)       render Your Equipment obsolete;

(ii)      require modification or alteration to Your Equipment; or

(iii)     otherwise affect performance of Your Equipment.

 

2.7         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.

 

2.8         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.

 

2.9         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 Administration User.

 

2.10       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.

 

2.11       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.

 

2.12       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.

 

2.13       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.

 

2.14       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):

(i)              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 Affiliates;

(ii)            assisting another to perform the acts prohibited in (i) above;

(iii)           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;

(iv)           creating and/or 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.

 

2.15       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.

 

2.16       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.

 

2.17       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.

 

2.18       We shall not be required to undertake any action pursuant to any Communications in any particular order.

 

2.19       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.

 

2.20       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.

 

2.21       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 property rights.

 

2.22       No Communication made under the Services shall take effect as a notice under Your npower Contract(s).

 

2.23       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).

 

3.       SECURITY INFORMATION

 

3.1         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.

 

3.2         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:

(i)              Any Authorised User choosing a user name and password when You first access the Services;

(ii)            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 than You;

(iii)           Never recording Your Security Information in any form;

(iv)           Never telling anyone else your Security Information, other than Our employees engaged in the provision of the Services;

(v)             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.

 

3.3         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.

 

4.       LIABILITY

 

4.1         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:

(i)       access to and/or use of the Services by You and Your Authorised Users;

(ii)      any information, data or material produced, transmitted, downloaded or accessed by You and Your Authorised Users;

(iii)     any breach by You or by Authorised Users of any of these Terms or of any law, code or regulation.

 

4.2         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.

 

4.3         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 above.

 

4.4         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.

 

4.5         Nothing in this Agreement shall exclude Our liability for death or personal injury caused by Our negligence.

 

4.6         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.

 

4.7         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. 

 

4.8         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.

 

4.9         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.

 

5.       TERMINATION OF THE SERVICE

 

5.1         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.

 

5.2         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.

 

5.3         The following Terms shall survive the termination of the Services: 2.20, 2.23, 3.2, 4, 5.2, 5.4, 6 and 7.

 

5.4         Termination of the Services will not affect any rights or liabilities of either of Us that have already accrued.

 

6.       DATA AND CONFIDENTIAL INFORMATION

 

6.1         All personal data (as defined in the Data Protection Act 1998) held by Us will be used only in accordance with Our privacy policy.

 

6.2         Due to the nature of online communications, We cannot guarantee the security of any confidential information which is transmitted through it.

 

7.       GENERAL

 

7.1         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 provision.

 

7.2         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 breach.

 

7.3         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.

 

7.4         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.

 

7.5         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 facsimile transmission.

 

7.6         The Parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales and any disputes under this Agreement will be resolved in accordance with the laws of England and Wales .

 

 


 

Privacy Policy

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. This privacy policy only covers npower's websites and the links within these 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 policy.

 

Data security protection

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.

 

What 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.

 

How can you find out what is stored about you?

Just ask us! You can e-mail Us at customer.data@npower.com or write to The Data Protection Officer, Database Operations, npower Ltd, Oak House, Bridgwater Road , Worcester , WR4 9FP .

 

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.

 

What are cookies?

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 customer experience.

 

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 your data.

 

What about e-mail?

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 “unsubscribe” immediately.

 

And if  We update Our privacy policy?

You’ll be able to read about it on this page – as soon as it happens.

 

External links

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.