Scheme of Terms and Conditions for the supply of water services
These Conditions are made under section 29 of the Exit Regulations and in compliance with the relevant industry codes, including the Retail Exit Code and Customer Protection Code of Practice. These Conditions form part of the Contract between SSWB and You and will apply where SSWB is supplying Services to You under section 26(2)(a)(i) and section 42(2)(a) of the Exit Regulations. Please note that South Staffs Water Business is a trading name of SSWB.
1. Basis of Contract
1.1 The Contract between SSWB and You shall take effect on the Contract Start Date and shall continue in force until termination in accordance with condition 14.
1.2 You acknowledge and agree that SSWB is entitled to amend these Conditions from time to time and You will comply with all such amendments. The most current version of these Conditions can be found at www.sswbusiness.co.uk.
1.3 You confirm that you are entering into the Contract in Your own right and not as agent for or on behalf of any other person.
2. Supply of Services
2.1 Subject to condition 2.2, SSWB will supply the Services to You in respect of the Property with effect from any supply start date(s) which SSWB notifies to You and provided that the Property is and remains an Eligible Premises.
2.2 You agree that SSWB will not be obliged to supply the Services to You in respect of any individual Property unless and until SSWB has obtained all Licences, authorisations and/or registrations which are required in order for SSWB to supply the Services to You in respect of the relevant Property.
2.3 Any water supplied to You as part of the Services shall be made available to you at the Connection Point. Ownership of the water supplied under the Contract shall pass to You at the Connection Point. Save for the Wholesaler’s and/or SSWB’s responsibility under the GSS Regulations, risk in the water supplied under the Contract (and any loss or damage arising therefrom, including flooding) shall also pass to You at the Connection Point.
2.4 SSWB is required to meet certain Guaranteed Service Standards in the provision of the Services to You. Where SSWB fails to meet those Guaranteed Service Standards You may be entitled to a payment from SSWB in accordance with the GSS Regulations. Where the Wholesaler fails to meet a Guaranteed Service Standard and SSWB receives a payment from the Wholesaler in respect of such failure then, to extent that such payment relates to You, SSWB will pass such payment on to You.
2.5 You acknowledge that the Wholesaler is entitled to interrupt, suspend or disconnect the supply of the Services as a consequence of its maintenance, repair, replacement and inspection programmes as well as in the event of certain other unplanned events specified in the Wholesale-Retail Code or in order to prevent damage or contamination. SSWB will take reasonable steps to inform You if SSWB receives notice from the Wholesaler of any anticipated reduction or change in the Services as a consequence of the Wholesaler’s maintenance, repair, replacement and inspection programmes.
2.6 If You are a Micro-business and SSWB receives a request from You in writing to receive any information relating to the supply of the Services or the Contract, SSWB will provide this information to You as soon as reasonably practicable.
3. Your obligations
3.1 You agree that You shall act in accordance with all laws, regulations, codes, permits, authorisations and consents which apply to You in respect of the Services and shall not do, or omit to do, any act that will or may cause or place SSWB in breach of any laws, regulations, codes, permits, authorisations, consents and/or the terms of any of the Licences.
3.2 You agree that You have full responsibility for the water pipework in, on or under the Property, including full responsibility for any loss of water or for any water flooding arising from the condition of that pipework. However, nothing in this condition 3.2 will transfer any risk which either SSWB or the Wholesaler has under any duty placed on them by any applicable law, including the GSS Regulations.
3.3 In the event that SSWB requests You to provide any information and/or assistance in connection with the supply of the Services and the performance of SSWB’s obligations under the Contract, You shall provide such information and/or assistance as soon as reasonably practicable (and in any event within three (3) Working Days) after any such request. You will ensure that all information which You provide to us is accurate, adequate and complete.
3.4 If you have a third party acting on Your behalf in connection with the Services or the Contract, You will complete and send to SSWB a written confirmation of the name of third party, that such third party is acting on Your behalf, the extent of the third party’s authority and how the third party’s fees are being paid. If you are a Micro-business, the written confirmation will be in a form of template issued by Ofwat from time to time.
3.5 You warrant, represent and undertake to us that the Property, as at the Contract Start Date and during the term of the Services, are not premises in any part of which, a person has his home and whose principal use is a home. You will immediately notify SSWB if the Property (or any part of it) is no longer an Eligible Premises.
3.6 You will promptly notify SSWB of any significant changes in the anticipated demand for the Services at the Property.
3.7 If You fail to comply with Your obligations under the Contract, You agree that You shall reimburse SSWB for all reasonable costs, liabilities, losses, damages, charges and expenses incurred by SSWB, its agents, representatives and/or contractors arising out of or in connection with any such failure to comply with Your obligations, including any reasonable costs, liabilities, losses, damages, charges and expenses incurred by SSWB, its agents, representatives and/or contractors arising out of or in connection with:
(i) the recovery of any unpaid Charges and/or any other amounts owed by You to SSWB, its agents, representatives and/or contractors (including any legal costs and expenses and any other professional costs and expenses);
(ii) any visit to the Property by SSWB, its agents, representatives and/or contractors which is required because You have failed to comply with Your obligations under the Contract;
(iii) any failure by You to grant access to the Property in accordance with condition 9; and/or
(iv) any unauthorised removal of, obstruction of, damage to and/or tampering with a meter or metering equipment or in connection with fitting a device to a meter or metering equipment.
4.1 In consideration of SSWB providing the Services to You in respect of the Property, You agree that You shall pay the Charges to SSWB in accordance with these Conditions.
4.2 SSWB shall be permitted to adjust the Charges payable by You on 01 April of each Year in accordance with the Retail Exit Code. SSWB shall provide You with prior written notice of any changes to the Charges payable by You in accordance with this condition 4.2.
4.3 Any sum payable under the Contract is exclusive of VAT (and any other similar or equivalent taxes, duties, fees and levies imposed from time to time by any government or other authority) which will be payable by You to SSWB in addition to that sum in the manner and at the rate prescribed by law from time to time.
4.4 If SSWB has agreed to provide You with any services in addition to the Services, You agree that You will pay charges in consideration for receiving those services at the rate or price confirmed by SSWB or otherwise specified in SSWB’s invoice to You in respect of those services.
5.1 If You are a Transferred Customer, SSWB will invoice You by the same method and You will pay the Charges by the same method that applied immediately before the Exit Date.
5.2 If you are not a Transferred Customer, SSWB will issue invoices to You at such times as SSWB confirms to You in respect of the Charges owed by You under the Contract.
5.3 SSWB shall be entitled to issue invoices to You at any time for any reasonable costs, liabilities, losses, damages, charges and expenses owed by You under condition 3.7 and/or any charges owed by You in respect of any additional services provided by SSWB under condition 4.4.
5.4 Without prejudice to conditions 5.1 and 5.3, SSWB shall be entitled to issue You with an invoice and/or adjust any invoice which SSWB has already sent to You if:
(i) SSWB becomes aware that You own, lease or occupy any premises to which SSWB has supplied services and that You have not paid to SSWB the full charges which are owed by You to SSWB for the provision of those services;
(ii) You inform SSWB about, or SSWB otherwise becomes aware of, any reassessment of the rateable value of the Property, including any such reassessment which arises out of or in connection with any change of use, extension or addition to the relevant Property;
(iii) You have provided SSWB with any false or incorrect information which SSWB has used for the purposes of determining the Charges (including any discounts) to be paid by You;
(iv) any additional premises are incorporated into the Contract under condition 7;
(v) SSWB issued any previous invoice which was based on an estimate and the actual amount which is payable by You is greater than the estimated amount specified in that previous invoice; and/or
(vi) SSWB is required by law to add any additional charges, taxes, duties or other amounts to any of Your invoices and/or to any Charges or other amounts owed by You.
5.5 If You are a Micro-business and You receive an invoice from SSWB for water supplied and/or services provided prior to the 12 months preceding the date of the invoice, You will not be charged interest on the amount due and You will be entitled to pay such amount be agreed instalments over a period which You nominate, provided such period is no longer than (i) the period during which the debt accrued (of less than 12 months), or (ii) 12 months, in any other case.
6. Payment of invoices
6.1 If You are a Transferred Customer, You will pay SSWB’s invoices for the Charges in accordance with condition 5.1.
6.2 If You are (i) not a Transferred Customer, or (ii) a Transferred Customer that owes payment to SSWB under the Contract (other than the Charges), You shall pay each invoice issued by SSWB in full in accordance with the payment plan SSWB has agreed with You. The due date for payment of all invoices will be the date of the invoice and You will ensure all invoices are paid promptly on receipt by You and, in any event, within 14 days of the date of the invoice. Time for payment shall be of the essence of the Contract. You acknowledge that SSWB is entitled to charge You an administration fee for payments made by credit card.
6.3 In the event that You fail to pay any one or more invoices in accordance with the Contract SSWB will be entitled to:
(i) make a Disconnection Request and suspend or terminate the supply of the Services to the Property (where the Property is not a Specified Premises), if You fail to pay the outstanding Charges before the end of a period of seven days starting on the day after SSWB provides You with notice requiring payment; and/or
(ii) raise a Cancellation Request if You seek to transfer the supply to another provider.
6.4 If You fail to pay any one or more invoices in accordance with the Contract, SSWB shall be entitled to charge You interest on the overdue amount at the rate of 4% per cent per annum above the base rate of Bank of England base rate in force from time to time. Such interest shall accrue on a daily basis from the date of the relevant invoice until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest to SSWB together with the overdue amount.
6.5 Interest will not be chargeable on any disputed sum under condition 16.1, provided that if it is agreed or determined that part or all of the disputed sum is payable, interest will be chargeable on the relevant part of the disputed sum in accordance with condition 6.4 from the date on which payment of the original invoice which included that sum was originally due.
6.6 If You have opted to pay by direct debit, You agree that:
(i) SSWB shall have the right, every month or over longer periods, to change the amount owed by You to reflect the value of the amounts set out in the invoices SSWB has submitted to You under the Contract;
(ii) SSWB is not required to provide You with any notice to change the amount owed by You and any such change will take place with immediate effect;
(iii) if Your bank fails to honour any payment as a result of You having insufficient funds in Your bank account, SSWB shall have the right to change the required payment arrangements with immediate effect. Following this, You shall then be legally responsible for paying for all Services supplied by SSWB under the new payment arrangements, together with any other costs which SSWB is required to pay under or in connection with the new arrangements; and
(iv) You shall pay to SSWB an administration fee of £75.00 on each occasion (if any) that:
(a) You fail to supply a signed direct debit form to SSWB upon being requested to do so by SSWB; or
(b) You cancel any direct debit payment without advising SSWB and arranging to put in place a new direct debit payment; or
(c) Your bank fails to honour a direct debit payment of any one or more invoices to SSWB for any reason.
6.7 In addition to the administration fee payable by You under condition 6.6(iv), You agree that You shall pay to SSWB a fee of £100.00 in the event You fail to pay an invoice by direct debit and SSWB is then required to take action to recover the amounts owed by You under the Contract in respect of the relevant invoice.
7. Refundable deposits
7.1 At any time SSWB may request the payment of a refundable deposit by You for such amount as determined by SSWB, acting reasonably, or such other form of security as SSWB may reasonably require to cover the payment of future charges or other amounts due from You pursuant to the Contract.
7.2 A request for a refundable deposit or other form of security shall be accompanied by a statement from SSWB as to why the refundable deposit or security has been requested and the purpose for which it will held and used and any such other relevant information as determined by SSWB from time to time.
7.3 When requested, the amount of the refundable deposit shall be immediately payable by You to SSWB or the form of security provided by You to SSWB.
7.4 SSWB may use the refundable deposit to pay any charges or other amounts due from You pursuant to the Contract, but otherwise shall hold use and repay the refundable deposit in accordance with the statement provided.
8. Addition and Removal of premises
8.1 It shall only be possible to incorporate additional premises into the Contract after the Contract Start Date with the prior written consent of SSWB and upon such terms as SSWB may specify.
8.2 If the Property comprises more than one premises and You wish to remove any premises from the Contract for any reason, You may request the removal of any such premises from the Contract by submitting a removal notice in writing to SSWB. You will use reasonable endeavours to provide SSWB with sufficient notice to enable the relevant premises to be removed from the Contract on the proposed date of removal set out in the removal notice.
8.3 If You provide SSWB with the removal notice specified under condition 8.2 in respect of premises covered by the Contract, but as at the proposed date of removal specified in the removal notice another water services provider has not been registered in respect of the relevant premises, or SSWB has not started to supply water services to any new owner or occupier of the relevant premises under a separate contract, the Contract shall continue in force and You shall continue to be liable to pay to SSWB all Charges and any other amounts owed under the Contract in respect of the relevant premises until the earlier of: (i) the date that another water services provider is registered at the relevant premises; or (ii) the date that SSWB starts to supply water services to any new owner or occupier of the relevant premises under a separate contract.
8.4 Following the removal of any premises from the Contract, SSWB shall have the right to amend the Charges (including any discounts) payable by You under the Contract in respect of any remaining premises falling within the definition of the Property by providing You with written notice, and any such amendment to the Charges shall have effect from the date of the written notice.
9. Access rights to the Property
9.1 You agree that at all reasonable times You shall provide SSWB and/or the Wholesaler (and/or any employees, agents, representatives, contractors or consultants of SSWB or the Wholesaler) with safe and unobstructed access to the Property in connection with: (i) Your supply; (ii) the provision of the Services; (iii) compliance with the Contract; (iv) the reading of the meter(s); (v) any meter, metering equipment and/or associated pipework (including the installation, maintenance, repair, replacement, testing, disconnection and/or removal of the meters); and/or (v) any other metering operations or services.
9.2 You agree that SSWB and/or the Wholesaler shall have the right to access the Property immediately at any time in the event of any emergency in connection with Your supply.
9.3 You will obtain all necessary third party consents, if applicable, and provide documentary evidence to SSWB that such consents have been obtained in order to enable SSWB and the Wholesaler and their employees, agents, representatives, contractors or consultants’ access to the Property in accordance with this condition 9.
9.4 You will:
(i) take all necessary precautions to protect the health and safety and security of any employees, agents, representatives, contractors or consultants of SSWB or the Wholesaler whilst they are at the Property; and
(i) be responsible for any damage or loss caused to any person or property of SSWB or the Wholesaler (and/or any employees, agents, representatives, contractors or consultants of SSWB or the Wholesaler) whilst at the Property.
10. Meter readings and Meters
10.1 In relation to the Property that is metered, SSWB shall be entitled to request You to provide SSWB with meter readings. If You do not provide SSWB with a meter reading upon request, You hereby agree that SSWB and/or SSWB’s employees, agents, representatives and/or contractors will be permitted to take a meter reading. SSWB shall be entitled to charge for any additional costs incurred by SSWB and/or SSWB’s employees, agents, representatives and/or contractors in taking a meter reading.
10.2 Title to all meters at the Property will remain with the Wholesaler or SSWB (as applicable) at all times.
10.3 You will be entitled to fit a device to a meter or metering equipment, provided that:
(i) such device is lawful and in compliance with the Water Fitting Regulations;
(ii) You have provided SSWB with all information requested as to the type, model and purpose of the device;
(iii) You have obtained the prior written approval of SSWB and paid any reasonable costs of SSWB in providing such approval; and
(iv) such device is fitted by an accredited fitter and in compliance with the Water Fitting Regulations; and
(v) You will be responsible for any loss or damage caused to the meter (or your Property) arising out of or in connection with the fitting and use of such device.
10.4 You will:
(i) take due care of and will not tamper or interfere with or modify, disconnect, remove or dispose of the meters at the Property;
(ii) provide all necessary electricity, telecommunications facilities, materials and apparatus and necessary and safe facilities for the proper operation of the meters;
(iii) keep the meters and any metering equipment at the Property safe and free from damage and loss; and
(iv) be responsible for any loss or damage to the meters at the Property, other than to the extent caused by SSWB or the Wholesaler (or any employees, agents, representatives, contractors or consultants of SSWB or the Wholesaler).
10.5 You will promptly report to SSWB:
(i) any damage or loss caused to a meter, howsoever arising; and
(ii) any meter error or a failure by a meter to record or accurately record the volume of water services being supplied,
on becoming aware of such issues.
11.1 SSWB is entitled to make a Disconnection Request to temporarily or permanently disconnect the supply of Services at the Property (where the Property is not a Specified Premises) in accordance with the Retail Exit Code:
(i) You have failed to pay any invoice due under the Contract before the end of a period of seven days starting on the day after SSWB provides You with notice requiring payment; and/or
(ii) You have made a request for a temporary or permanent disconnection.
If SSWB arranges to permanently disconnect Your supply of water services, You shall pay to SSWB the appropriate disconnection charge and any other costs incurred by SSWB in arranging to disconnect Your supply.
11.2 In the event that Your supply at the Property has been disconnected on a permanent basis in accordance with condition 11.1, the Contract shall terminate in respect of that Property at the date of disconnection, apart from any charges, obligations and/or responsibilities due by You at that time, including the appropriate disconnection charge, any Charges owed by You, and/or any other amounts owed by You under the terms of the Contract.
12.1 In the event that Your supply of water services at the Property has been disconnected on a temporary basis in accordance with condition 11.1 and You submit a request to SSWB to arrange for Your supply to be reconnected, SSWB shall arrange to reconnect Your supply provided that SSWB (and the Wholesaler, if applicable) is satisfied that:
(i) You have complied with any reconnection requirements set out in the Wholesale Retail Code;
(ii) any situation which resulted in the disconnection has been remedied; and
(iii) You have paid the appropriate reconnection fee.
12.2 In the event that Your supply of water services at the Property has been disconnected on a permanent basis in accordance with condition 11.1, You must apply for a new connection to the water network.
13. Limitation of liability
13.1 Nothing in the Contract shall limit or exclude SSWB’s liability for:
(i) death or personal injury caused by SSWB’s negligence, or the negligence of SSWB’s employees, agents or contractors; or
(ii) fraud or fraudulent misrepresentation; or
(iii) any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
13.2 Subject to condition 13.1, SSWB shall not have any Liability to You or to any of Your employees, directors, officers, group companies, agents, representatives and/or contractors for any:
(i) consequences arising from the non-availability of water during any period of interruption or suspension referred to in condition 2.5;
(ii) loss of profit (whether direct, indirect or consequential);
(iii) loss of revenue, loss of production or loss of sales or business (in each case whether direct, indirect or consequential);
(iv) loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct, indirect or consequential);
(v) loss of anticipated savings or loss of margin (in each case whether direct, indirect or consequential);
(vi) business interruption (whether direct, indirect or consequential);
(vii) loss of bargain (whether direct, indirect or consequential);
(viii) loss of agreements or contracts (whether direct, indirect or consequential);
(ix) your liability to third parties (whether direct, indirect or consequential); or
(x) indirect, consequential or special loss.
13.3 Subject to condition 13.1, SSWB’s maximum aggregate Liability to You in a Year will be limited to the sum equal to the total amount of Charges which have been paid by You to SSWB during the previous period of twelve (12) months.
13.4 Subject to condition 13.1, in the event that any act or failure to act by the Wholesaler causes any loss or damage to You, the liability of SSWB to You (if any) shall be limited to the value of any amount that SSWB recovers from the Wholesaler in respect of any such loss or damage to You.
13.5 Notwithstanding any other term of the Contract, SSWB will not be in breach of the Contract to the extent SSWB’s failure to perform or delay or defect in performance of its obligations under the Contract arises as a result of:
(i) any breach by You of Your obligations under the Contract;
(ii) SSWB relying on any incomplete or inaccurate data provided by You or a third party on Your behalf; or
(iii) SSWB complying with any instruction or request by You, one of Your employees or Your third party agent.
13.6 You shall use reasonable endeavours to mitigate the consequences of any breach by SSWB of the Contract and the losses, costs, expenses, claims and demands You may claim as a result of that breach.
13.7 This condition 13 shall survive termination of the Contract, howsoever arising.
14. Termination of the Contract
14.1 Subject to SSWB’s right to submit a Cancellation Request, You shall be entitled to:
(i) transfer the Services to other terms and conditions offered by SSWB at any time on notice to SSWB and subject to Your acceptance of those terms and conditions; or
(ii) terminate the Contract at any time by providing SSWB with written notice.
Save from any Charges which are due and payable under the Contract up to the point of transfer or termination, You will not be charged as a consequence of any such transfer or termination.
14.2 SSWB will be entitled to terminate the Contract with immediate effect by providing written notice to You if:
(iii) You become Insolvent. You will notify SSWB if You become Insolvent;
(iv) You commit a material breach of the Contract which cannot be remedied;
(v) You commit a material breach of the Contract which can be remedied but You fail to remedy that breach within twenty-one (21) days of a written notice from SSWB setting out the breach and requiring it to be remedied;
(vi) You commit more than three (3) breaches of the Contract in any rolling period of six (6) months, whether such breaches are of the same, similar or different provisions of the Contract and whether or not such breaches have been remedied and/or can be remedied;
(vii) You have provided SSWB with any false or incorrect information which SSWB has used for the purposes of determining the Charges (including any discounts) to be paid by You; or
(viii) a Force Majeure Event continues for a period of thirty (30) days or more.
14.3 The Contract will automatically terminate in the event that SSWB is no longer authorised or licensed to provide the Services.
14.4 In the event that You fail to provide SSWB with an accurate final meter reading when the Contract is brought to an end, SSWB shall be entitled to issue You with an invoice to cover any difference between the meter reading upon which SSWB based the final invoice which was issued to You (or if applicable the final estimated invoice which was issued to You) and the next meter reading. You agree that You shall be liable to pay any such invoice to SSWB.
14.5 In the event that the Contract is terminated for any reason, neither SSWB nor You shall lose any rights which have already been acquired by SSWB and/or You as at the time of termination. You agree that following termination of the Contract for any reason: (i) You shall continue to be liable to pay invoices which have been submitted by SSWB to You in compliance with the terms of the Contract; and (ii) SSWB shall not be required to supply any Services to You.
14.6 Following the termination of the Contract:
(i) SSWB will be entitled to invoice You for all Charges (and any other amounts due and payable in accordance with the Contract) which have been incurred but which have not yet been invoiced. If You are a Micro-business, SSWB will invoice You within the earlier of six (6) weeks of the date of termination or the transfer of a Supply Point; and
(ii) all invoices (including any invoices issued under condition 14.6(i)) will become immediately due and payable by You.
14.7 In the event that SSWB provides any water services to You after the Contract has terminated, any such services shall be provided to You subject to these Conditions, unless and until SSWB and You agree to enter a new contract in respect of any such services.
15. Your Information
15.1 You agree that SSWB shall have the right to process, use and/or share any of Your Information in order to:
(i) identify You when You contact SSWB;
(ii) ensure that SSWB is able to provide any relevant Services to You;
(iii) operate any of Your account(s) with SSWB;
(iv) contact You by any means in connection with the Contract and/or the Services;
(v) provide You with any information, promotional material and/or offers;
(vi) help to prevent and/or detect any fraud, money laundering or loss;
(vii) carry out any analysis and/or assessment of any information in relation to SSWB’s customers for any purpose;
(viii) comply with the terms of any laws, regulations, codes, court orders, permits, authorisations, consents and/or the terms of any of the Licences;
(ix) comply with any obligations imposed on SSWB by Ofwat and/or any other regulatory organisation, government body or statutory body;
(x) create, defend and/or enforce any legal rights and/or obligations, including for the purposes of or in connection with any legal proceedings;
(xi) protect the public’s health and safety and/or take any action in the interests of national security; and/or
(xii) trace any debtors and/or recover any debts.
15.2 You agree that SSWB shall be entitled to disclose Your Information to:
(i) any of the employees, directors, officers, group companies, agents, representatives and/or contractors of SSWB;
(ii) any third parties in order to enable them to carry out any of the acts specified under condition 15.1;
(iii) any professional advisers of SSWB;
(iv) any licensed credit reference agencies and/or any licensed fraud prevention agencies;
(v) any buyer or any prospective or potential buyer of any part of the business, assets and/or shares of SSWB; and/or
(vi) the Wholesaler, Ofwat and/or any other regulatory organisation, government body or statutory body.
15.3 SSWB shall be entitled at any time to check any of Your details and/or any records relating to You with any licensed credit reference agencies and/or any licensed fraud prevention agencies. You agree that SSWB and any relevant licensed credit reference agency and/or any licensed fraud prevention agency shall be entitled to keep records of the results of any such searches and share these records with any third parties in relation to the Contract or the Services.
15.4 SSWB shall be entitled to monitor and/or record any communications between You and SSWB (including any telephone conversations or emails) for the purposes of: (i) quality assurance; (ii) training SSWB’s employees; (iii) obtaining confirmation of Your identity; (iv) compliance with any law, regulation and/or court order; or (v) to detect and prevent any fraud and/or money laundering.
15.5 In the event that You provide SSWB with any information (including any personal data) for or on behalf of, or in respect of, any third party (including any employees), You agree that before the relevant information is provided to SSWB You shall obtain all necessary approvals, consents and authorisations from the relevant third party which are required by SSWB for the purposes of processing any such information under or in connection with the Contract, including for the purposes set out in condition 15.1.
16. Disputes and Complaints Handling
16.1 You have a right to raise a formal dispute in relation to sums due under the Contract. To raise a dispute You will need to follow SSWB’s complaints process in accordance with condition 16.3. Where You have raised a dispute, You must pay to SSWB the amount of any sums due that are not in dispute in accordance with condition 6.
16.2 If You do not raise a dispute in accordance with condition 16.1 or fail to pay on time, then SSWB may exercise its rights under condition 6 of the Contract, together with any other rights and remedies SSWB may be entitled to.
16.3 If You have any complaints, then please follow SSWB’s complaints process, which can be accessed at www.sswbusiness.co.uk.
17.1 You shall not, without the prior written consent of SSWB, assign, transfer, novate, delegate, charge, subcontract, declare a trust over or deal in any other manner with any or all of Your rights or obligations under the Contract.
17.2 SSWB may at any time assign any or all of its obligations under the Contract to another licensed retailer in accordance with the Wholesale Retail Code. SSWB may subcontract all or any of its rights under the Contract from time to time.
17.3 Any delay or failure by SSWB to exercise any right or remedy under the Contract, or the single or partial exercise by SSWB of any right or remedy under the Contract, shall not: (i) constitute a waiver by SSWB of that or any other right or remedy; or (ii) prevent or restrict the further exercise by SSWB of that or any other right or remedy.
17.4 The rights and remedies set out in the Contract are in addition to and not exclusive of any rights and remedies provided by law.
17.5 A person who is not party to the Contract shall have no right to enforce any term of the Contract under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.6 Save as otherwise expressly provided in the Contract or required by law, all payments to be made by You to SSWB under the Contract will be made in full and without any set-off or any deduction or withholding including on account of any counter-claim.
17.7 SSWB shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract in the event that any such delay or failure arises as a result of, or in connection with a Force Majeure Event. You will continue to pay the Charges in respect of any Services which SSWB continues to supply notwithstanding the occurrence of the Force Majeure Event.
17.8 If any provision of the Contract is held by any court or other competent authority to be illegal, unlawful, void or unenforceable in whole or part, such term will be deemed to be severed from the Contract and this will not affect the remainder of the Contract which shall continue in full force and effect.
17.9 In relation to the service of notices under or in connection with the Contract, the following conditions shall apply:
(i) Any notice served to a party shall be in writing and shall be addressed to that party;
(ii) SSWB shall be entitled to serve any notice to You by: (a) leaving it at Your last known address, Your place of business, Your registered office (if You are incorporated), and/or the Property which is covered by the Contract; (b) sending it by post to Your last known address, Your place of business, Your registered office (if You are incorporated), and/or the Property which is covered by the Contract; (c) sending it by fax to Your last known fax number; and/or (d) sending it by e-mail to Your last known e-mail address;
(iii) You shall be entitled to serve any notice to SSWB by sending it by post to SSWB’s registered office address or to any other address which SSWB may notify to You from time to time; and
(iv) A notice shall be deemed to have been served: (a) if delivered personally at the time the notice is left at the relevant address; (b) if sent by post, on the second Working Day after the date of posting; or (c) if sent by fax or e-mail, at the time of transmission, provided that if a notice is deemed to be served before 9.00am on a Working Day it will be deemed to be served at 9.00am on that Working Day and if it is deemed to be served on a day which is not a Working Day or after 5.00pm on a Working Day it will be deemed to be served at 9.00am on the immediately following Working Day.
17.10 The Contract constitutes the entire agreement between SSWB and You and supersedes any prior agreement or arrangement in respect of its subject matter and:
(i) neither party has entered into the Contract in reliance upon, and it will have no remedy in respect of, any misrepresentation, representation or statement (whether made by the other party or any other person and whether made to the first party or any other person) which is not expressly set out in the Contract;
(ii) the only remedies available for any misrepresentation or breach of any representation or statement which was made prior to entry into the Contract and which is expressly set out in the Contract will be for breach of contract; and
(iii) nothing in this condition 17.10 will be interpreted or construed as limiting or excluding the liability of any person for fraud or fraudulent misrepresentation.
17.11 The Contract and any dispute or claim (including in relation to any non-contractual obligations) arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. In the event of any dispute between SSWB and You arising from or in connection with the Contract (including in relation to any non-contractual obligations), SSWB and You hereby agree to submit to the exclusive jurisdiction of the Courts of England. This condition 17.11 shall survive termination of the Contract, howsoever arising.
18. Definitions and Interpretation
In these Conditions:
18.1 the following terms shall have the following meanings:
“Cancellation Request” an application by SSWB to cancel a transfer of a Supply Point to another retailer made in accordance with the Wholesale Retail Code;
“Charges” means the charges payable by You to SSWB in consideration of SSWB providing the Services in accordance with the Tariff and which, subject to condition 4.2, shall not exceed the charges that would have been paid by You on the Exit Date;
“Conditions” means these terms and conditions;
“Connection Point” means the point at which the private pipework supplying water to the Property connects to the Wholesaler’s water supply system;
“Contract” means the contract between SSWB and You for the supply of the Services to You in respect of the Property, which is comprised of these Conditions;
“Contract Start Date” means the date on which SSWB starts to provide the Services to You;
“Customer Protection Code of Practice” means the Customer Protection Code of Practice for the non-household retail market issued by Ofwat;
“Disconnection Request” means the request that SSWB is required to make pursuant to the Wholesale Retail Code before the supply of Services to You can be disconnected;
“Eligible Premises” means premises other than household premises and which might be identified as eligible premises in light of any ‘eligibility guidance’ as more particularly defined in the Wholesale Retail Code. ‘Household premises’ are premises in any part of which a person has his home and whose principal use is a home;
“Exit Date” has the meaning set out in the Exit Regulations;
“Exit Regulations” means The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016;
“Force Majeure Event” means any event or circumstances beyond the reasonable control of SSWB;
“Guaranteed Service Standard” any standards set out in the GSS Regulations as may be updated or amended from time to time;
“GSS Regulations” means The Water Supply and Sewerage Services (Customer Service Standards) Regulations 2008;
“Insolvent” means a party (i) has a receiver, administrator or provisional liquidator appointed; (ii) is subject to a notice of intention to appoint an administrator; (iii) passes a resolution for its winding-up; (iv) has a winding up order made by a court in respect of it; (v) enters into any composition or arrangement with creditors; (vi) ceases to carry on business; or (vii) has any steps or actions taken in connection with any of these procedures;
“Liability” means liability arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, restitution, under statute or otherwise, including any liability arising from a breach of, or a failure to perform or defect or delay in performance of, a party’s obligations under the Contract, in each case howsoever caused including if caused by negligence or deliberate breach;
“Licences” means a Water Supply Licence, together with any other licences that are relevant to the Contract;
“Micro-business” means a non-household customer with less than ten (10) employees (as such definition may be amended by the Customer Protection Code of Practice from time to time);
“Ofwat” means the Water Services Regulation Authority established by section 1A of the Water Industry Act 1991;
“Property” means any premises either owned, leased or otherwise occupied by You in respect of which SSWB will provide the Services under the Contract (subject to the addition or removal of any such premises in accordance with condition 8);
“Retail Exit Code” means the Retail Exit Code issued by Ofwat;
“Services” means the supply of water services to Eligible Premises and/or any other services that SSWB provide to You pursuant to section 26(2)(a)(i) and section 42(2)(a) of the Exit Regulations;
“Specified Premises” means premises listed in Schedule 4A of the Water Industry Act 1991;
“SSWB” means SSWB Limited, a company incorporated in England with company number 09911716, and having its registered office at c/o South Staffordshire plc, Green Lane, Walsall, United Kingdom, WS2 7PD;
“Supply Point” means the point in respect of the Eligible Premises at which water services and/or sewerage services are provided;
“Tariff” means SSWB’s Charges Scheme from time to time, the latest copy of which can be found at www.sswbusiness.co.uk.
“Transferred Customer” means the owner or occupier of Eligible Premises which were transferred to SSWB on the Exit Date;
“Water Fitting Regulations” means the Water Supply (Water Fittings) Regulations 1999 (SI 1999/1148);
“Water Supply Licence” means a licence granted under section 17A of the Water Industry Act 1991;
“Wholesaler” means any person supplying water services to SSWB, which SSWB supplies to You pursuant to the Contract;
“Wholesale Retail Code” means the wholesale-retail code issued by Ofwat under sections 66DA and 117F of the Water Industry Act 1991;
“Working Day” means a day other than a Saturday, Sunday or a public or bank holiday in England;
“Year” means a period of 12 months commencing on 1 April and expiring on 31 March;
“You” and “Your” means the person to whom SSWB supplies the Services under these Conditions; and
“Your Information” means any information (including any “personal data” within the meaning specified in the Data Protection Act 1998) which is provided to SSWB by or on behalf of You or which is otherwise acquired or collected by SSWB under or in connection with the Contract;
18.2 all headings are for ease of reference only and will not affect the construction or interpretation of the Contract;
18.3 unless the context otherwise requires:
(i) references to the singular include the plural and vice versa and references to any gender include every gender;
(ii) references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);
18.4 references to any statute or statutory provision will include any subordinate legislation made under it and will be construed as references to such statute, statutory provision and/or subordinate legislation as modified, amended, extended, consolidated, re-enacted and/or replaced and in force from time to time;
18.5 any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions will be construed without limitation and accordingly will not limit the meaning of the words preceding them;
18.6 the rule known as the ejusdem generis rule will not apply and accordingly the meaning of general words introduced by the word “other” or a similar word or expression will not be restricted by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things;
18.7 references to “in writing” or “written” include facsimile and e-mail but not other methods of electronic messaging;
18.8 any reference to any English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing will, in respect of any jurisdiction other than that of England, be deemed to include a reference to what most nearly approximates to the English legal term in that jurisdiction;
18.9 references to the Contract are references to the Contract as varied from time to time in accordance with the Contract and as assigned or novated from time to time; and
18.10 an obligation on a party to procure or ensure the performance or standing of another person will be construed as a primary obligation of that party.