Customer
Access Terms and Conditions
1 CONTRACT INFORMATION
1.1 In return for our (“the ECOES Service Provider”)
giving you a Username and Password and in consideration
of the mutual benefit to both of us, we grant (and
by accessing ECOES, you accept) access to ECOES on
the following terms and conditions.
1.2 By accessing ECOES you warrant that you are an
authorised employee or agent of the company, firm
or organisation which has properly received the Password
and Username from the ECOES Service Provider and (for
the purposes set out in this agreement) you shall
be deemed to be acting on behalf of such company,
firm or organisation.
1.3 Where you are acting on behalf of a government
department or agency, local authority, statutory body,
health authority or similar unincorporated association
or trust you may act as agent on behalf of no more
than one such organisation (and the ECOES Service
Provider may provide a single Password and Username
for such organisations) provided that you provide
such evidence as is reasonably acceptable to the ECOES
Service Provider that such organisation consents to
you acting in such capacity.
1.4 Access is, subject to clauses 1.5 and 3, at our
sole discretion and subject to you providing us with
a list (in such electronic format as we may reasonably
specify) of the MPANs for which you wish to have access.
1.5 In the list of MPANs set out in clause 1.4, you
must only specify MPANs where you have the right to
access Data (as set out in clause 2) and where the
provisions of clause 5.2(c) have been complied with.
We may perform validation on the list of MPANs that
you request access for, and may reject any MPAN where
we believe that you do not have the necessary rights.
1.6 We reserve the right, subject to clause 3, to
add to or change these terms and conditions at any
time by posting changes online. It is your responsibility
to refer to and comply with these terms on accessing
ECOES and we reserve all rights to take action against
you should you fail to comply with the terms (as they
may be amended).
1.7 Nothing in this agreement shall restrict our
right to withdraw ECOES or any component part included
in it, although we shall use our reasonable endeavours
to give you notice of any such change.
2 RIGHTS TO DATA
2.1 You may only access ECOES in respect of those
MPANs for which you have entered into a contract with
an electricity Supplier licensed under the Electricity
Act for the supply of electricity to you.
2.2 By accessing ECOES you warrant that you are the
person who is and continues to be supplied with electricity
at each and every MPAN for which you have previously
requested access save where you have informed us to
the contrary in accordance with clause 2.3.
2.3 You must immediately remove an MPAN from your
portfolio if you cease to be the person supplied with
electricity at that MPAN for which you previously
had access.
2.4 In the circumstances set out in clause 2.3 you
must immediately stop accessing (and prevent all Authorised
Users from accessing) ECOES with respect to such MPANs.
2.5 If you do not comply with the provisions of clause
2.2, 2.3 and 2.4, the indemnities that you provide
in our favour (as set out in clause 6.2) will apply.
2.6 Subject to these terms and conditions, we grant
you a non-exclusive non-transferable right for you
and/or your Authorised Users to display, print off,
copy and/or store for your own use.
2.7 You (and any Authorised User) may not use ECOES
for purposes other than those set out in clause 2.1
without our permission (not to be unreasonably withheld)
and particularly you shall not loan to any third party
or publish or otherwise exploit modify or create derivate
works from or combine with any other material the
whole or any part of ECOES.
3 CHARGES
Although we are not currently charging you for access
to ECOES, we reserve the right to charge for such
access in the future but only with the express permission
of MRASCo Limited. If we introduce such charges we
shall provide reasonable notice of not less than one
month whereupon this agreement shall terminate and
(subject to your agreement) any new terms and conditions
shall take effect.
4 OUR OBLIGATIONS AND EXCLUSION OF LIABILITY
4.1 We have endeavoured to ensure that ECOES is accurate
but we shall not be liable to you for any loss or
damage whatsoever resulting from omissions or inaccuracies
in ECOES howsoever caused (including but not limited
to our negligence). ECOES is provided on an ‘as
is’ basis and accordingly we do not give any
warranty express or implied or make any representation
that it will be:
a) Suitable for any particular requirement of you
or for any particular use by you under specific conditions
(notwithstanding that such requirement or use or conditions
may be known to us); or
b) Compatible with your hardware equipment or software
environment; or
c) Complete or accurate or up to date.
4.2 We are not obliged to provide access to information
on any particular MPAN, even if you inform us that
you are supplied with electricity at such MPAN.
5 YOUR OBLIGATIONS
5.1 You shall:
a) Only use ECOES for the purposes set out in clause
2;
b) Supervise and control use of ECOES in accordance
with the terms of this Agreement;
c) Not provide or otherwise make ECOES available to
any person other than your employees or Authorised
Users without our prior written consent;
d) Not display any part of ECOES on a public bulletin
board, ftp (File Transfer Protocol Site), world wide
web site, chat room or by any other unauthorised means;
e) Receive and hold the Password in the strictest
confidence and take all reasonable security precautions
in the safekeeping of the Password and in preventing
its unauthorised disclosure to third parties (other
than Authorised Users) without our prior written consent;
f) Ensure that your employees and Authorised Users
are informed of and are contractually bound to safeguard
the confidential nature of ECOES.
5.2 You warrant that:
a) You will not use or permit or condone the use by
any Authorised User or other third party of ECOES
or parts thereof for sale resale loan transfer hire
or other form of exploitation for monetary reward;
and
b) Access to ECOES or parts thereof will not be given
to any person firm company organisation or other entity
which is not an Authorised User; and
c) Where personal data (as defined in the Data Protection
Act 1998 (“the Act”)) is recorded on ECOES
in respect of an MPAN (including emergency contact
details) you will have notified the persons to whom
such personal data relates that such information is
utilised on ECOES and complied with all obligations
of a data controller with respect to such data as
set out in the Act.
6 LIABILITY
6.1 Notwithstanding anything else contained in this
Agreement but subject to clauses 6.2 and 6.3 neither
of us shall be liable to the other for loss (whether
direct or indirect) of goodwill reputation profits
business or business opportunities or anticipated
savings or for any special indirect incidental or
consequential loss or damage whatsoever (including
without limitation loss or corruption of data, loss
of programs, loss (whether direct or indirect) of
goodwill reputation profits business or business opportunities
or anticipated savings) even if advised of the possibility
thereof and whether arising from negligence breach
of contract breach of statutory duty or howsoever.
6.2 Subject at all times to the provisions of clause
6.3 you hereby agree to indemnify us against any loss
injury or damage actions claims proceedings demand
cost (including all legal costs and any compensation
costs and disbursements paid by us to compromise or
settle any claim) occasioned to us by any claim action
or threatened proceedings which are the consequence
or arise out of any breach of clauses 2.2, 2.3 and
5.2.
6.3 Nothing in this Agreement shall limit or exclude
either party’s liability for death or personal
injury resulting from their own negligence or that
of its employees agents or subcontractors or any other
liability not capable of exclusion or limitation by
reason of statute.
6.4 Except as otherwise expressly provided in clauses
4 and 6 all conditions, warranties, terms, representations
and undertakings express or implied, statutory or
otherwise, in respect of ECOES are hereby expressly
excluded.
7 INTELLECTUAL PROPERTY
You hereby acknowledge and agree that as between
you and us Intellectual Property and other rights
subsisting in or used in connection with ECOES as
a whole and in the components of ECOES do not belong
to you and are protected by copyright laws, national
and international, and all other applicable laws and
you shall not acquire any interest in Intellectual
Property or any rights in it other than the rights
granted hereby.
8 TERMINATION
8.1 We may terminate this Agreement:
a) Forthwith at any time in the event of a material
breach by you of these conditions;
b) By giving 1 month notice in writing to you to that
effect;
c) As set out in clause 3
8.2 You may terminate this Agreement on giving 2
working days notice to us either in writing or by
fax or email confirmed by us as being received.
8.3 On the expiry or termination of this Agreement
for any reason all rights and obligations of the parties
under this Agreement shall automatically terminate
except for such rights of action as shall have accrued
prior to such termination and any obligations which
expressly or by implication are intended to come into
or continue in force on or after such termination.
9 LAW
9.1 This Agreement shall be governed by and construed
in all respects and in accordance with the laws of
England and Wales and the parties hereby agree to
submit to the non-exclusive jurisdiction of the courts
of England and Wales.
10 DEFINTIONS AND INTERPRETATION
10.1 In this Agreement the following words and expressions
have the following meanings:
“Authorised Users” an individual whom
you authorise to have access to ECOES whose acts and/or
omissions shall be deemed to be those of you;
“Data” MPAN and meter related information
stored on ECOES to which you are entitled to access
as set out in clause 2;
“ECOES” The Electricity Centralised Online
Enquiry Service, as defined under the MRA
“Electricity Act” The Electricity Act
1989 as amended by the Utilities Act 2000 and the
Energy Act 2004;
“Intellectual Property” registered and
unregistered copyright, patents, registered design
rights, trade marks, and/or intellectual property
rights existing in any jurisdiction and all rights
to apply for the same;
“Internet Database” means the database
maintained by the ECOES Service Provider (and the
data contained therein) for the provision of MPAN
and meter related information to customers and other
users and accessed via the World Wide Web;
“MPANs” means those MPANs specified by
you (as set out in clause 1.4) as complying with the
provisions of clause 2;
“Password” means the password notified
by the ECOES Service Provider in writing to enable
access to ECOES;
“The ECOES Service means the provider of technical
services for ECOES as
Provider” defined under the MRA
“Username” means the user name notified
by the ECOES Service Provider in writing to enable
access to ECOES.
