Terms & Conditions
Electric Ireland FVT Portal Terms & Conditions
By subscribing to the Electric Ireland FVT Portal internet site, you will be deemed to have accepted and be bound by these terms and conditions.
1. Interpretation
1.1 Definitions
"Access" means the Customer's access that is provided electronically via Electric Ireland FVT Portal;
"Customer" means the person or entity named on the Registration Form;
"Electric Ireland" means the Electricity Supply Board of 27 Lower Fitzwilliam Street, Dublin 2, its assigns and legal successors;
"Electric Ireland FVT Portal " means the Electric Ireland internet website provided by Electric Ireland or any substitute or replacement thereof;
"FVT Customer" means a person or entity who has entered into a Fuel Variation Tariff contract with Electric Ireland;
"Registration Form" means the registration form to be completed by a Customer to facilitate setting up the initial User database for the Electric Ireland FVT Portal;
"Terms and Conditions" means these terms and conditions;
"User" means any person notified in writing to Electric Ireland by the Customer as being authorised by the Customer to use Electric Ireland FVT Portal on behalf of the Customer who has completed a Registration Form and received a User name and set up a password.
"User Password" means a series of letters or numbers allocated to or chosen by Users in order to obtain the Access
1.2
Any reference in these Terms and Conditions to a statute or a provision of a statue or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.3
The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2. Access
2.1
Electric Ireland agrees to provide Customers with permission to access, use and interact on the Electric Ireland FVT Portal subject to these Terms and Conditions.
2.2
The Customer and each individual User must complete a Registration Form in order to commence Access. The Customer will be sent an e-mail with a User ID including the facility for each User to log on to the Electric Ireland FVT Portal set up a User Password and access their accounts details. By using the registered User ID and User Password the Customer accepts and is bound by these Terms and Conditions and authorises Electric Ireland to carry out all instructions given by the Customer on the Electric Ireland FVT Portal.
2.3
The computing infrastructure used by the Customer to obtain Access shall be the responsibility of the Customer. Upkeep and servicing of such computing equipment shall be the Customer's sole responsibility.
Without limiting the foregoing, Customer shall be responsible for taking all necessary steps to ensure that viruses, worms, Trojan horses, or other malware are not transmitted to or from the Electric Ireland FVT Portal.
2.4
The Customer undertakes that only Users shall be entitled to gain Access. Electric Ireland shall be entitled to assume without further enquiry that any person accessing the Electric Ireland FVT Portal by using the Customer's User ID and Password is a User.
2.5
The Customer shall inform Electric Ireland forthwith of any change in access requirements that should be put in place, including, without limitation, cases where an employee with Access leaves the Customer's employment or where the Customer wishes to terminate any User's Access.
2.6
Electric Ireland reserves the right to deny Users Access to the Electric Ireland FVT Portal if the Customer or any User is, or Electric Ireland reasonably believes the Customer or any User is, in breach of these Terms and Conditions.
3. Electric Ireland's obligations
3.1 Electric Ireland shall:
3.1.1 exercise reasonable care in compiling and managing the Electric Ireland FVT Portal site;
3.1.2 use reasonable efforts to make the site available to a Customer at all times;
3.1.3 take reasonable steps to ensure that access procedures and other security features of Access are in line with industry practice; provided however that Electric Ireland shall be entitled, without any liability, to carry out ongoing maintenance, updating or alterations to the Electric Ireland FVT Portal that may result in loss of Access from time to time without prior notice.
3.2
The Customer acknowledges and accepts that Electric Ireland neither represents nor warrants that:
3.2.1 Access or any part of it shall be uninterrupted, reliable or fault free;
3.2.2 Electric Ireland FVT Portal or any of its components shall be available or fault free at all times;
3.3
Save in the case of negligence on the part of Electric Ireland its employees and contractors, Electric Ireland shall not be liable for any damages or losses (whether arising in contract, tort or otherwise) arising as a result of use of Electric Ireland FVT Portal, including, but not limited to:
3.3.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to Electric Ireland FVT Portal (other than prices) or any information on the site or any reliance thereon;
3.3.2 the unavailability of the Electric Ireland FVT Portal, or any part of it;
3.3.3 any person acting, or refraining from acting, as a result of data or information contained in Electric Ireland FVT Portal or any site linked to Electric Ireland FVT Portal;
3.3.4 any virus passed on or introduced to the Customer as a result of accessing Electric Ireland FVT Portal.
3.4
Electric Ireland shall not in any circumstances be liable to the Customer for loss of data, income or profit, loss of or damage to property and claims of third parties, (in each case whether direct, indirect or consequential) or for any other indirect or consequential loss or damage.
3.5
Without limiting the foregoing, the maximum aggregate liability of Electric Ireland in respect of the Customer's use of the Electric Ireland FVT Portal and in respect of any matter or matters arising under the Customer's FVT Agreement with Electric Ireland, shall not exceed the limit specified in such FVT Agreement.
3.6
The Customer acknowledges that the very nature of communication via the internet restricts Electric Ireland from offering any guarantee as to the privacy or confidentiality of information relating to the Customer passing over the internet. In gaining Access via the internet, the Customer acknowledges and accepts that electronic communication may not be free from interception interference by unauthorised persons and may not remain confidential. The Customer therefore accepts that Access is at its own risk.
3.7
Each of the exclusions or limitations contained in this clause 3 shall be construed as a separate and severable provision of these Terms and Conditions.
3.8
Save as expressly set out in these Terms and Conditions, all representations, warranties, Terms and Conditions, whether oral or written, express or implied by law, custom, statute or otherwise and including, but not limited to, satisfactory quality or fitness for any particular purpose are excluded to the greatest extent permitted by law.
4. Warranties and indemnity
4.1
The Customer undertakes, represents and warrants that:
4.1.1 Access shall only be used for the use and purpose for which it is intended;
4.1.2 its User ID and each User Password shall remain confidential and to forthwith notify Electric Ireland of any unauthorised use of them or any breach of security regarding Access;
4.1.3 it has all necessary computing infrastructure to avail of the Access;
4.1.4 it shall provide appropriate training to Users in relation to the Access;
4.1.5 it shall take all necessary steps to ensure that only Users have Access;
4.1.6 it shall apply security measures in line with industry best practice against unauthorised access to or alteration, disclosure or destruction of the Electric Ireland FVT Portal Data and against its accidental loss or destruction, including without limitation taking all necessary steps to ensure that all Users are aware of and comply with those measures;
4.1.7 All necessary measures will be in place in line with industry best practice to ensure that harmful viruses, worms, Trojan horses or other malware are not introduced to the Electric Ireland environment in the course of using Electric Ireland FVT Portal;
4.1.8 It will use Electric Ireland FVT Portal solely for its internal business purposes and shall not exploit Electric Ireland FVT Portal or any of its contents for any commercial purpose.
4.2
The Customer shall indemnify and keep Electric Ireland, its officers, board members, agents, employees and sub-contractors, fully indemnified against all losses, liabilities, damages, claims, actions, causes of action, and expenses of any nature for injury or death of any person or damage to property or any claims brought against Electric Ireland arising out of the breach or negligent performance or failure in performance by Customer of these Terms and Conditions.
5. Security measures
5.1
Electric Ireland acknowledges the security issues involved in providing the Access and to this extent shall implement reasonable security measures.
5.2
The Customer acknowledges and agrees to adhere to the security measures recommended by Electric Ireland for the Access as outlined on the Electric Ireland FVT Portal site.
5.3
The Customer hereby guarantees to Electric Ireland that adequate and appropriate security measures are in place to guard against unauthorised access, unauthorised alteration, disclosure or destruction of data gained from Access.
5.4
Electric Ireland's data remains the property of Electric Ireland.
5.5
The Customer agrees that Electric Ireland may collect, store and use information about it in accordance with the Electric Ireland privacy policy. The Customer acknowledges and agrees to be bound by the terms of the Electric Ireland privacy policy as outlined on the Electric Ireland website
6. Links to other sites
Certain links, including hypertext links, in the Electric Ireland FVT Portal will take a Customer outside the Electric Ireland FVT Portal. The Customer acknowledges and agrees that links are provided for its convenience and inclusion of any link does not imply approval or endorsement by Electric Ireland of the linked site, its operator or its content. Electric Ireland accepts no responsibility for the content of any website outside the Electric Ireland FVT Portal nor any information provided on Electric Ireland FVT Portal by any third party sites
7. Data protection
7.1
In order that Electric Ireland provides the Customer with an effective service, it is necessary for us to collect and use User's personal data while the Customer is being supplied with gas. This data is used to manage Electric Ireland FVT Portal and for operational reasons
7.2
The Customer warrants that all Users' personal data disclosed to Electric Ireland shall have been provided with the Users' consent and the Users' have read, accepted and are bound by the terms and conditions detailed herein concerning Data Protection. Electric Ireland may keep the User's data for a reasonable period after the Customer ceases to be supplied with gas but will not keep it for any longer than is necessary and/or as required by law.
7.3
Electric Ireland may disclose Users' data to other members of the ESB group and third parties who act on behalf of Electric Ireland in connection with the activities referred to above. Such third parties are only permitted to use these data as instructed by Electric Ireland. They are also required to keep Users' data safe and secure.
7.4
To ensure that Electric Ireland provides a quality service, telephone conversations between the Users and employees of Electric Ireland (or parties acting on its behalf) may be recorded. Electric Ireland will treat the recorded information as confidential and will only use it for staff training/quality control purposes, confirming details of Users' conversations with Electric Ireland or any other purposes mentioned herein.
7.5
Users have the right to ask for a copy of their Electric Ireland personal data (Electric Ireland is entitled to charge a nominal administration fee for this). If a User wishes to avail of this right, he/she should submit a written request to: Data Protection Manager, ESB Head Office, Lr Fitzwilliam St, Dublin 2 In order to protect the Users' privacy, they may also be asked to provide suitable proof of identification. If any of the Users' details are incorrect, please let us know and we will amend them.
8. Intellectual property rights
All rights, including all intellectual property rights, in the design, text, graphics and other material on Electric Ireland FVT Portal and the selection or arrangement thereof are owned by Electric Ireland. Permission is granted hereby to electronically copy and print in hard copy parts of the Electric Ireland FVT Portal solely in connection with Access. Any other use of materials on the Electric Ireland FVT Portal (including reproduction for the purposes other than those noted above and alterations, modifications, distribution or republication) without the prior written permission of the Electric Ireland is strictly prohibited.
9. Force majeure
Electric Ireland shall not be liable for any breach of these Terms and Conditions or any failure to provide or delay in providing Access through the Electric Ireland FVT Portal resulting from any event or circumstances beyond Electric Ireland's reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access or other technical equipment including software, fire, explosion or accident.
10. Compliance
The Customer shall comply with all requirements and/or obligations of any statute, statutory instrument, rule, order, regulation, directive and/or byelaw laid down by legislation, Government Departments and/or EU Bodies dealing with and relating to Access or any provision of these Terms and Conditions.
11. Governing law
These Terms and Conditions shall be governed by the Laws of Ireland and each party submits to the exclusive jurisdiction of the Irish Courts.
12. Waiver
No waiver by Electric Ireland of any breach of these Terms and Conditions by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
13. Validity
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
14. Relationship
Nothing in these Terms and Conditions shall constitute or shall be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute the Customer as agent of Electric Ireland or to contract in the name of or create a liability against Electric Ireland in any way or for any purpose.
15. Termination
15.1
Without prejudice to any other rights or remedies to which it may be entitled, Electric Ireland shall be entitled to terminate these Terms and Conditions and all Access forthwith without liability to the Customer by giving notice to the Customer at any time and, in particular, without limitation, if:
15.1.1 the Customer is in material breach of these Terms and Conditions;
15.1.2 the Customer ceases to be a customer of Electric Ireland;
15.1.3 the Customer ceases to be an FVT Customer ; or
15.1.4 the Customer is in arrears to Electric Ireland by more than 60 days;
16. Assignment
The Customer shall not be entitled to assign, novate or otherwise transfer part or all of these Terms and Conditions to any other party without the prior written consent of Electric Ireland. However, Electric Ireland shall, without any requirement for consent from the Customer, be entitled to assign, novate or otherwise transfer these Terms and Conditions to another entity responsible for administering the Electric Ireland FVT Portal
17. Variation
Electric Ireland reserves the right at any time without notice to revise the content of Electric Ireland FVT Portal (including the services offered by Electric Ireland) and these Terms and Conditions. Any changes to these Terms and Conditions will be posted via the Ireland FVT Portal and by continuing to use Electric Ireland FVT Portal following any such change a Customer will signify its agreement that it agrees to be bound by the revised Terms and Conditions.