Terms & Conditions

Terms & Conditions

To be able to provide you with our App services we automatically collect data from your Smart Meter, including data that your Smart Meter records half-hourly and we collect from time to time.

We may contact you by email or SMS about goods and services which we feel may be of interest to you, or that are similar to the services we currently provide to you.

By downloading our App and accepting our App Terms you are opting in, and giving your consent to allow us to record and use half-hourly data and to contact you for marketing purposes.

Who we are and What These Licence Terms Do

We are Utilita Energy Limited, of Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB, registered in England – 04849181.

We licence you to use our Balance Pay App (App) on these Terms (App Terms). You must tick the box(es) at the end of these App Terms to confirm that you agree to them before you can use the App. These App Terms supplement the Standard Terms and Privacy Information Notice applicable to your account which you can access by following this link: https://utilita.co.uk/terms. Together we refer to these as the "Terms". Using the App includes accessing the functionality contained in the App via an internet browser or other device.

The Standard Terms will apply if there are differences between the Standard Terms and the App Terms.

The app store from where you downloaded our App may also have its own policies and rules. If there are differences between the app store terms and these Terms, these Terms will apply.

You must be over 16 years of age to download and use our App.

By accepting these Terms you may download a copy of our App onto your device and view and use our App on that device for your personal use. You may only make a copy of our App incidentally, when you back up your device. Any updates or upgrades we offer will also be available on these Terms.

Your Use of Our App

Our App allows you to view and manage aspects of your account with us, and allow you to pay your bills and manage charges on your account via the online payment system PayPoint. It will also allow you to generate e-cards that will allow you to top-up at a PayPoint outlet and give you the option of asking for a Power up.

We will let you know when new functionality becomes available.

Before you use this App, you will need to register and match your customer reference number with the postcode linked to the primary account holder's account. You are able to register multiple devices against the same primary account holder. All users who are registered to the account will have full access to the App functionality including the ability to view and change your information and make a request for e-cards or a Power up.

Registration and/or any de-registration notifications will be sent to the primary account holder's email address linked to their account.

Please take care when entering any meter readings online, to ensure that you have copied the values correctly. We will not always be able to check this with you.

We make reasonable efforts to provide you with up to date information but the information on our App is an estimate and may differ from the actual balance of your Smart Meter on your In-Home Display, or the information on your account. If you are not sure what your account balance is please contact a member of our Customer Services Team. It is your responsibility to ensure that you pay for your energy in good time, we are not responsible if you fail to do so.

You can find out more information about our services, how you can pay outstanding charges, how the online PayPoint system operates, and how you can manage your account with us by reading our Standard Terms or viewing our Codes of Practice.

Where you are using our App for the benefit of the primary account holder you must do so with their full knowledge and consent. If you are not the primary account holder, you must have the account owner's permission before you access the account, make a Power up request or pay any bills using our App.

To access and use our App and receive real-time notifications about your account, energy usage and available credit (known as push notifications), you will need to be connected to the internet. You may be charged by a third party for the internet connection used to access our App, this may include roaming charges if you are using our App abroad. Please make sure you have the device bill payer's permission before incurring these charges. If you lose your internet connection whilst accessing the App you may not be able to continue accessing it, transactions may be interrupted and the information you see on the App may not be accurate or up to date.

We are not responsible for any of the App functionality not being available because you do not have an internet connection or any available data allowance on your device.

We are not responsible for any failure or delay in managing a payment due to your failure to maintain the internet-connection, battery of the device or other connection issue. Your energy supply may be interrupted if you do not make top-ups or other payments to your account in good time.

You must own, or have permission from the owner of the device to download and use the App. You cannot transfer our App to anyone else and if you sell any device on which our App is installed, you must remove our App from it.

We are committed to ensuring that the App is as useful and efficient as possible but this App does not replace your In-Home Display.

Restrictions on your Use

You must not:

  • use our App for business purposes or to generate income;
  • use our App in an unlawful manner, for an unlawful purpose or in a way that is inconsistent with these Terms;
  • infringe our intellectual property rights, or the intellectual property rights of any third parties in relation to your use of our App;
  • transmit any information that is defamatory, offensive or objectionable in relation to your use of the App;
  • use the App in a way that could damage or compromise our systems or security, or that could interfere with other users; and/or
  • collect or harvest any information or data from our App or our systems or attempt to decipher any transmissions to or from the servers running the App;
  • abuse or use the App for any fraudulent activity for your own or any other persons benefit.

If you do any of the above, your right to access and use our App will cease immediately.

Your Privacy

We explain what personal data, we collect and what we use it for in our Privacy Information Notice which you can access here: https://utilita.co.uk/privacy and the following additional terms apply when using our App and online services.

If you change the information we hold about you on the App, the App will automatically record this, to help us keep your App account up to date. This will not automatically update the information we hold about you in our main systems, so please make sure you get in touch to let us know about important changes.

Your Smart Meter will automatically record data about your energy usage and send the data to us; this helps us to provide our services to you and allows you to use our App. The collection of data may happen once a day or at different intervals. Your bills are calculated using information about your usage collected from your Smart Meter(s). If we cannot access data from the Smart Meters, we may need to estimate your usage.

Your Smart Meter records data half-hourly – we can only use this half-hourly data with your consent. By accepting the App Terms and using the App, you consent to us collecting and using this data.

You may withdraw your consent to our collecting and using half-hourly data by contacting our Customer Services Team. If you withdraw your consent you will not be able to use our App.

When you use the online payment functionality, you agree that we may retain relevant payment information and share this with third parties to enable the payments to be processed securely. If you register with the online payment service, they will hold your details so that you do not need to re-enter details each time you use the functionality. If you use your camera to enable the payment, please read the additional privacy information which is set out in our Paying for your Energy Code of Practice.

Our App uses two types of cookies (an XSS cookie and a session cookie). A cookie is a small file of letters and numbers that we put onto your device. The session cookies support your use of the App whilst logged in and enables you to use the App's functionality. We also use "analytical cookies" which give us important information about your App usage to help us to continue to improve our App.

PayPoint uses its own cookies to distinguish individual users, which are different to the cookies in our App. Details of these cookies can be found at https://www.paypoint.com/en-gb/privacy-cookies.

We are able to provide this App free of charge because you have consented to us contacting you for marketing purposes. We may withdraw your access to the App if you withdraw this consent.

Our App may contain links to other websites that are not provided by us, and that we have no control over. It is your choice to use these websites – and we are not responsible. We recommend you check the content or privacy policies (if any) before you use any other website.

Your Security

Whilst we encrypt data, internet transmissions are never completely private or secure, and any information you send using our App may be read or intercepted by others.

Because this App gives you access to your account, and the PayPoint system, you must keep your mobile device secure and close the App if you are not using it. You are responsible for keeping all passwords and login details secure and confidential. If you suspect that someone else has access to your account please contact us immediately. The conditions relating to payment instructions set out in your Standard Terms apply in relation to this App.

Whilst we take reasonable precautions we do not guarantee that the App, PayPoint or any other services are free from viruses, and we recommend that you protect your own phone or device using anti-virus software.

Intellectual property rights

We are the owner or licensor of all intellectual property rights in our App and the materials published on it and we reserve all our rights. PayPoint is made available under licence. If you comply with these Terms, we grant you a limited, personal, non-exclusive and non-transferable right to use our App and access PayPoint solely for your own personal use. You may only take a copy of content from the App or PayPoint for personal use, and not for any business reason.

Where the App includes open-source software, it is licenced on those terms.

Support for the App

This App, and the services available through the App have been developed to function with devices compatible with iOS version 8 and/or Android version 4.4, it may not work on other devices. If you are having difficulties accessing our App or if you would like to speak to someone about your account, please contact our Customer Service Team by email or by phone.

If we need to contact you, we will do so by email, by SMS or by push message using the contact details you have provided to us. If you do not want us to contact you electronically, please tell our Customer Services Team who will update your account preferences. It is important that you keep us updated with any changes to your contact details.

Changes to Our App and These App Terms

Our App is currently provided free of charge, but we may need to introduce a charge for the App, or some of its services. If we do introduce charges for the App we will notify you in advance.

We may need to update our App (automatically or otherwise) to improve performance, functionality or security. If you do not install these updates, or if you opt-out of automatic updates, you may not be able to continue to use our App.

Sometimes we need to change these App Terms to reflect changes in the law or best practice. Please check these App Terms every time you use our App to make sure you fully understand the terms and conditions that apply. We will let you know about any changes in a reasonable time before they take effect. But if the change is to your benefit, we may make the change and tell you afterwards. The new terms may be displayed on-screen or you may be required to read and accept them to continue your use of the App.

What we can do if you break these Terms

If you do not comply with these Terms we may stop you from accessing and using our App. We will tell you in advance if this happens, unless we are required to revoke your access in an emergency.

If we stop you from accessing and using our App you must immediately stop accessing our App, delete and remove it from all devices and destroy any copies that you have. We may ask you to confirm that you have done this.

Using the Power up functionality

If the credit on your meter runs out, we offer Emergency Credit and Friendly Credit Hours to enable your supply to continue whilst you arrange a payment to top-up the credit on your meter. If you use these facilities and still run out of credit, you must repay them and get into credit by at least £1 to get back on supply.

Where you meet the criteria, you can apply for a Power up through the App which can be applied to your account as a top-up, the amount of which can be variable. The value of this energy is then repaid as a debt to us from your future top-up payments at the agreed rates until the Power up is repaid in full. Please see our Power up Code of Practice for more information.

If you are experiencing difficulties in paying for your energy please contact us to discuss. We have a number of procedures in place to support those with short term, or longer-term payment issues, please see our “Difficulties Paying” code of practice, which can be found at https://utilita.co.uk/help/codes-of-practice

Paying via PayPoint

We currently offer online payment via the PayPoint system. The performance and functionality of PayPoint may vary. We do not guarantee that the PayPoint system, or any content on it, will be free from errors or that the service will always be available and uninterrupted. PayPoint may suspend or change all or any part of PayPoint without notice and which may restrict your ability to make a payment. It is your responsibility to allow sufficient time to make an alternative payment when topping up your account. We are not responsible for any losses or charges incurred by you as a result of the unavailability of PayPoint.

You must not abuse or fraudulently use PayPoint, or any of the functionality within the App.

You must take care when inputting information into the App or PayPoint to use the correct account and payment details.

Our Liability to You

We do not limit our liability to you for death or personal injury arising out of our negligence or fraudulent misrepresentation.

We are only responsible for foreseeable loss or damage that is caused by our failure to comply with these Terms, or where we do not use reasonable skill and care. If you suffer loss as a result of our failure under these Terms, our total aggregate liability to you for all claims is limited to £10,000 for any one event or series of connected events in any 12-month period.

We are not responsible for unforeseeable losses, or any other loss or damage that you may incur which is not an obvious consequence of our failure, or where the failure is due to circumstances that are beyond our reasonable control. We are not responsible for any indirect, special or consequential losses you may suffer, including but not limited to any business losses or disruption to business activities carried out at the Premises. If you hand your device to any of our personnel whilst we are providing services, we are not liable for any accidental loss or damage they may cause unless such damage is wilfully caused.

We are not responsible to you for any loss or damage that you may incur if:

  • the App or any communication via the App (such as SMS or email communications) is unavailable or contains errors; or
  • you are unable to access the App because of any third-party service provider (such as any mobile phone operator, internet provider or engineer); or
  • you provide or input incorrect or inaccurate information required for the use of PayPoint's services for example providing the incorrect energy reference account number or payment details

These terms shall be governed by the laws of England and Wales and disputes arising shall be dealt with by the English courts. If the address of the Premises is in Scotland, your statutory rights are not affected.