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Terms and conditions

for the provision of the Voltalis Device in the residential sector

Effective date: 1st January 2025, Version 1.0

Definitions

Consents:  consents by the User to Voltalis given via the Voltalis Website at the time of entering into this Contract and consents set out in clauses 5 and 10.

Contract: as defined in clause 2.3

Electricity Markets:  markets bringing together generators of electricity, suppliers of electricity to consumers and flexibility aggregators as described in clause 5.

Home: residential premises of the User in the UK at the time of entering into the Contract

Initial Period: as defined in clause 2

Installer Supervisor: company or individual appointed by Voltalis to install Voltalis Devices. The Installer Supervisor may also be appointed to maintain or remove Devices

 MPAN:  Meter Point Administration Number, the unique identifier for your Home for all electricity service providers

User: occupier of residential premises using the Voltalis Services at the Home

Voltalis: Voltalis UK Ltd, c/o Irwin Mitchell LLP, Riverside East, 2 Millsands, Sheffield, S38DT; Company number 11481700

Voltalis Group: Voltalis SA, a company registered in France, and its subsidiaries, including Voltalis UK

Voltalis SA: a company based in France, 75 avenue des Champs-Elysees,75008 Paris, the sole shareholder of Voltalis UK

Voltalis Device or Device: as defined in clause 4; the singular may include all devices in the Home

Voltalis Services or Services: services defined in clause 1; operating the Voltalis Device to monitor, manage and reduce the electricity consumption in the Home, other services may be added from time to time.

Voltalis Website or Website: voltalis.co.uk

We, us, our: refers to Voltalis

You: the User

1. Purpose

These Terms and Conditions are valid from 1st January 2025, and define the terms under which Voltalis:

  • provides a Voltalis Device to the User free of charge at their Home
  • provides the User, via the Voltalis Device, with energy efficiency services that allow for monitoring, managing and reducing electricity consumption in the User’s Home (Voltalis Services)
  • Installer Supervisor will arrange directly or through a third party, for the installation of the Voltalis Device free of charge in your Home. They may also carry out maintenance in agreement with us and free of charge to you. It is expected that the Voltalis Device remains in the Home. Should it require removal in exceptional circumstances, this will be carried out by the Installer Supervisor at no charge to you.

2. The contract between the User and Voltalis

2.1 The parties

The Contract is between Voltalis and the User.

The Contract is personal to the User and he/ she cannot transfer it.

The User warrants that he/she is the occupier of the Home and authorised to enter into the Contract.

2.2 Duration

The Contract starts once the User submits his/her details after having ticked the checkbox approving the Terms and Conditions and providing consents on the Voltalis Website. It continues for an initial period (Initial Period) of 2 years unless terminated earlier under the terms of this Contract. It then continues without limit of time until terminated by notice of 3 months.

2.3 The documents

These Terms and Conditions and the Consents together constitute the Contract binding the User and Voltalis (Contract), concerning the provision of the Voltalis Device and Voltalis Services in the Home.

These Terms and Conditions may be modified from time to time.  We will let you know of any significant changes, and, if you do not agree with the changes, you will have three months to notify us to terminate the Contract.

3. Financial arrangements

The Voltalis Device is free to the User.  The Voltalis Services are free to the User. The User has the opportunity to reduce the electricity consumption in the Home.

In consideration, the User gives and maintains the Consents during the term of the Contract.

For information: the installation and any maintenance provided by the Installer Supervisor are free to the User.

4. Voltalis Device

4.1 Description of the Voltalis Device

The Voltalis Device installed in the Home refers to all the hardware used to provide the User with the Voltalis Services. The choice of hardware is made by the technician during installation based on the configuration of the Home and the appliances to be connected. There are two types of equipment:

  • One or more modules that integrate into the home’s electrical panel and/or are installed near heating equipment or a hot water tank, whose function is to measure and/or modulate the consumption of connected appliances.
  • A communication module (or “controller”) that communicates with the module(s) through the Zigbee protocol, or other suitable technologies.

The Voltalis Device provides the Voltalis Services as it is connectable:

  • To the Home’s electrical installation, to monitor the Home’s consumption and certain appliances, and selectively modulate consumption for short periods to meet local and national grid balancing and security needs.
  • Via CATM-1 (4G) or 2G to Voltalis servers for device monitoring, control, and to provide the User with their Home’s consumption profile and related energy efficiency services.
4.2 Your undertakings regarding the Voltalis Device

Each Voltalis Device installed in a Home belongs to Voltalis. you undertake:

  • Only to use the Voltalis Device in line with our guidance; not to tamper or allow anyone to tamper with the Voltalis Device; not to (even after the Contract has ended) remove or allow anyone to remove the Voltalis Device without our prior approval in writing.
  • The intellectual property in the Voltalis Device and the evolving technology which allows us to operate the Voltalis Services belong to the Voltalis Group. You undertake not to reverse engineer, adapt or alter the Voltalis Device or allow anyone else to do this.

Voltalis’ provision of the Voltalis Devices and Services do not confer any intellectual property rights or licenses to the User beyond the right to use the Voltalis Devices and Services as specified in the Contract. It does not imply any transfer of ownership or intellectual property rights (including patents, copyrights, designs, trademarks, trade secrets, know-how, or domain names) associated with the Voltalis Device or Voltalis Services.

From the time the Voltalis Device is provided until it is disconnected by Voltalis, the User is responsible for its safekeeping. The User is liable for any damage caused to the Voltalis Device due to improper handling or use not compliant with the Contract. The User is also liable for losses, theft, or damage to the Device during its possession.

If the Voltalis Device malfunctions, Voltalis will decide on the appropriate solution, which may include remote diagnostics or on-site intervention with the User’s consent. Voltalis may offer to replace defective components. Malfunctioning of the Voltalis Device may lead to termination of the Contract as set out in clause 11.

5. Electricity Markets and your Consents

By entering into this Contract, you authorise Voltalis to request and obtain your Home’s MPAN if you have not provided it directly to us.

Via each Voltalis Device and Voltalis technology, Voltalis finely tunes the operation cycles of many electrical devices whose individual consumption can be reduced. Each individual modulation contributes a small part to an overall collective flexibility action. These operations, conducted across numerous consumption sites, are aggregated and coordinated to meet various system requirements, and traded on the Electricity Markets in the UK.

By entering into this Contract, you consent to Voltalis aggregating your consumption data and trading it on the Electricity Market.

You undertake not to knowingly or unknowingly consent to other organisations or companies aggregating your consumption data with a view to trading it on the Electricity Market.

6. Becoming a User

Once you have completed your application for our services on the Voltalis Website, we will contact you to verify that your Home is suitable. If it is, we will contact the Installer Supervisor so that they can arrange with you installation of the Voltalis Device.

Once the Voltalis Device has been successfully installed in the Home, you will become a User for the purpose of these Terms and Conditions.

7. Installation and Commissioning

The installation of the Voltalis Device will be done professionally by registered electricians under the control of the Installer Supervisor.

Once the installation is completed, Voltalis will activate the Voltalis Device. We will confirm to you when this has been done.

Voltalis may arrange maintenance visits via an Installer Supervisor with you from time to time. You undertake to provide access to your Home for maintenance at a mutually convenient time.

8. Usage

The User may suspend any modulation of their energy consumption operated by the Voltalis Device at any time by pressing an interruption button or similar device. The User undertakes to use this option reasonably.  

Voltalis reserves the right to suspend or terminate the Voltalis Services if it deems interruptions by the User to be excessive. See termination provisions at clause 11.

9. Services to the User, Updates, and Extensions to the Voltalis Services

From time to time, you may choose to benefit from additional services developed by Voltalis or its partners, which may be free or paid for, Voltalis may also modify its service offerings, including discontinuing certain features, without the User claiming any acquired rights to their continuation.

10. Personal Data and Consents

Voltalis shall comply with all applicable data protection laws including Data Protection Act 2018 and UK GDPR. Voltalis’ data privacy policy is set out on the Website.

Consent: The User authorises Voltalis to use his/her data for any purposes related to operating the Voltalis Device and Voltalis Services, as well as for assessments, improvements, and regulatory checks by network managers. The User authorises Voltalis to use this data for energy efficiency services, including monitoring and controlling their consumption.

11. Termination

11.1 Termination during the Initial Period by the User

The User may terminate the Contract during a cooling-off period (14 calendar days from entering the Contract) by written notice as per clause 16. Some situations may trigger termination of the Contract as set out below.

  1. Moving Home will trigger the termination of the Contract.

However, the User may have the opportunity to start a new contract in his/her new home by contacting Voltalis who will check the suitability of the new home for the Voltalis Services.

  1. Termination for significant change of the Terms and Conditions as set out in clause 2. This will require notice of 3 months.
11.2 Termination during the Initial Period by Voltalis

If the MPAN is not available to Voltalis for use on the Electricity Markets at any time after the cooling-off period and after the installation, Voltalis will have the option to terminate the Contract with immediate effect and notify the User that it has done so.

If Voltalis deem that the Voltalis Services cannot operate correctly because the User or someone under the control of the User is making excessive use of interruption devices, Voltalis will be entitled to serve a 3-month notice of termination.

Should the User authorise the installation of the Voltalis Device to be done by a person neither trained nor authorised by the Installer Supervisor or Voltalis, Voltalis will have the option to terminate the Contract, and will have the option to request that the User return the Voltalis Device in good condition at the User’s expense. This provision will not apply if Voltalis has agreed in writing to the installation by a qualified electrician other than the Installer Supervisor or Voltalis.

11.3 Automatic Termination

If the installation visit results in either no installation or an incomplete installation by the electrician, the Contract will terminate automatically, and no costs will be due by either party to the other.

11.4 Termination after the Initial Period

After the Initial Period, either party may terminate without fault by giving 3 months’ notice to the other.

11.5 Termination by the User after the Initial Period

The Contract will terminate if the User moves home. However, he/she will have the option of contacting Voltalis to enter into a new contract in his/her new home, as long as the home is suitable for the Voltalis Solution.

11.6 Termination by Voltalis for breach or misuse by the User after the Initial Period

If the MPAN is no longer available to Voltalis for use on the Electricity Markets, Voltalis will have the option to terminate the Contract with immediate effect and notify the User that it has done so. If Voltalis deem that the Voltalis Services cannot operate correctly because of overuse of the interuptor button by the User or by someone under the control of the User, Voltalis will be entitled to serve a 3-month notice of termination.

11.7 Automatic termination at any time

The Contract will terminate automatically if Voltalis ceases to operate and trade in the UK for any reason. No compensation will be due by either party.

11.8 Malfunctioning of the Voltalis Device

Either party may terminate the Contract during or after the Initial Period if the Voltalis Device malfunctions and cannot be repaired.

11.9 Consequences of termination

The Voltalis Group’s intellectual property rights in the Voltalis Device and Voltalis Services will survive termination. Data protection and confidentiality rights of both parties will survive termination. Post termination obligations detailed below will survive termination.

Voltalis will:

  • disconnect the Voltalis Devices in the Home to the Voltalis Service and close the User’s account
  • comply with its data protection policy regarding the User and the Home
  • discuss with User and, if relevant, the landlord of the Home, for the removal, should Voltalis decide to exercise this option, of the Voltalis Devices
  • assess whether the Voltalis Devices re in good working order

The User will:

  • cease to benefit from the Voltalis Services.

12. Liability

Voltalis’ liability can only be invoked if it is proven that Voltalis has committed a fault in implementing the means necessary to fulfil its commitments, and that this fault has directly caused harm to the User or its Home. It is subject to exclusions and qualifications set out in these Terms and Conditions.

The Installation Supervisor will be liable for installation as well as any maintenance or removal they may carry out at the Home.

Nothing in these Terms and Conditions excludes our liability for death or personal injury caused directly by the Voltalis Device, Voltalis Services or installation of the Voltalis Device.

13. Warranty

The Voltalis Device will be fit for purpose once installed by us or under our instructions.

Should it become faulty at any time during the Contract, we will replace it at no charge to you unless damage was caused by you or under your control. You are responsible for making sure the Voltalis Device is covered by your home insurance once it is installed in your Home.

Our warranty does not affect your statutory rights under the Consumer Rights Act 2015, any laws that replace it, and any equivalent law in Scotland.

14. Exclusions

Please note that Voltalis will not be responsible for:

  • Any callouts, related services or support that you require not directly related to the Voltalis Device or Voltalis Services.
  • Any damage to other equipment in your Home.

Neither Voltalis nor the Installation Supervisor, will be liable for:

  • Any damage to other equipment in your Home however caused.
  • Any costs, loss or damage not directly related to the installation of the Voltalis Device
  • Any minor cosmetic damage to your Home caused by installation or maintenance of the Voltalis Device which can be fixed by minor redecorating.

15. Limitations

The Voltalis Device and Voltalis Services are for your own Home. Changes to your Home may affect our ability to provide the Voltalis Service to you from time to time but will not automatically terminate the Contract.

There may be instances outside our control which prevent or delay our performance of the Voltalis Services; these instances will not automatically terminate the Contract. 

16. Notices and Communications

In the first instance, your contact is the Installer Supervisor, unless we have notified you otherwise.

You can also contact Voltalis by email on support@voltalis.co.uk.

In addition:

  • you can contact Voltalis’ data protection officer on dpo-uk@voltalis.com, or by post at Voltalis, 75 Avenue des Champs-Élysées, 75008 Paris – France
  • you can contact our customer care team on support@voltalis.co.uk
  • you can make a formal complaint on support@voltalis.co.uk
  • you can write to us by post at Voltalis UK Limited, c/o Irwin Mitchell LLP, Riverside East, 2 Millsands, Sheffield, S38DT

Formal communications and notices may be sent by post to Voltalis UK Limited, c/o Irwin Mitchell LLP, Riverside East, 2 Millsands, Sheffield, S38DT.

17. Complaints

If you have any complaints about the Voltalis Device or the Voltalis Service, please contact us as set out in clause 16.  We will respond to formal complaints you within 5 working days of receipt of your complaint. You can also contact Citizen’s Advice.

18. Suspension and Resumption of Services

The User and Voltalis may each request the temporary suspension of the Voltalis Services for up to three months if necessary for electrical system adjustments in the Home or for other legitimate reasons. To request suspension, the User should contact Voltalis in accordance with clause 16.

19. General Provisions

  1. The Voltalis Device, once installed, is for use in your Home only. It cannot be resold.
  2. The Voltalis Device installed in your Home is for UK use only.
  3. Our communications with you will be in English.
  4. These Terms and Conditions are governed by the laws of England and Wales or Scotland, depending on the country your Home is in.
  5. The rights and obligations under these Terms and Conditions sit with the Voltalis Group and Voltalis. If we transfer our rights and obligations to another organisation, we will let you know.
  6. Any delay in enforcing these Terms and Conditions on our part will not constitute a waiver.
  7. If a court rules that a provision of these Terms and Conditions is unenforceable or void, this will not affect the rest of the Terms and Conditions.