Terms & Conditions

We're sorry, the lawyers were let loose. If anything doesn't make sense, just get in touch via your totoenergy.com/my-account

  1. Our contract
    1. This contract is between you and us. You cannot assign this contract to another person without our express consent.
    2. We are TOTO Energy Limited, a company incorporated in England and Wales with company number 09256482. Our address is 1st Floor Locksview, East Lockside, Brighton Marina Village, Brighton, East Sussex, England, BN2 5HA.
    3. You are the person who either signed up to purchase Services from us, or is receiving Services from us.
    4. Your contract starts from the date we agree to take over the provision of the Services (the commencement date), or when you move into a Property which we already supply the Services to, whichever happens first.
    5. You may be in breach of this agreement if you behave inappropriately, for example if you are verbally abusive or behave offensively towards our staff.
  2. Definitions within this agreement
    1. Phrases and words used within this contract have the following meanings, and all other words and phrases not contained here will appear on the Application, the Confirmation Correspondence or any offer which may be available from time to time:
      • “Myaccount Area” means the online account platform where you are able to check information relating to your use of the Services as more particularly set out in clause 9.
      • “Application” means your application for the supply of the Services.
      • “Commencement Date” means the date this contract is entered into. Please note that this differs from the Start of Supply date (see below).
      • “Confirmation Correspondence” means the letter, email or other form of communication notifying you that the contract for the Services has been entered into between you and us.
      • “Cooling Off Period” means a period of 14 days from the Commencement Date. During this time, the contract can be cancelled by you, if you decide that you do not want us to supply Services to you.
      • “Direct Debit” can mean any of; standard Direct Debit, Seasonal Direct Debit, Initial Direct Debit or Annual Direct Debit as outlined below.
      • “Ofgem” means the Office of Gas and Electricity Markets, an organisation which carries out its activities for the Gas and Electricity Markets Authority having been formed by Parliament to protect the interests of customers receiving Services.
      • “Services” means the supply of utility services, including gas and electricity, and/or any other associated services in accordance with this contract.
      • “Smart Metering Equipment” and “Smart Meter” means a meter which has functionalities which will allow remote reading of the meter, remote management, assistance and supply of information relating to the Services being supplied to you.
      • “Start of Supply Date” means the date when we start supplying your Services.
      • “Statement of Renewal” refers to the notice supplied by us to you between 42 days and 49 days before the end of your fixed-term contract, outlining your options for carrying on or stopping our supply of Services to you and what will happen if no action is taken by you.
      • “Price Plan” means the tariff structure to which you will be charged for the Services.
      • “Property(s)” means the premises to which the Services are being provided.
      • “Working day” means any day other than a Saturday, a Sunday or a Bank Holiday in England, Scotland or Wales.
  3. Your warranties and obligations
    1. You warrant that:
      1. You either own or occupy the property and have responsibility for payment of gas and/or electricity accounts for the property;
      2. You are at 18 years of age or over; and
      3. The property is connected to mains gas or electricity, or both (as applicable).
    2. You will use the supply for domestic purposes only. If you're not using the supply for domestic purposes only, we may refuse to supply, or if we decide you are using the energy for commercial purposes we may disconnect you. If you are identified as a large supply point (above 74,000KWh) we reserve the right to move you to a suitable tariff.
    3. You will keep your contact details (including email address and phone numbers) up to date
  4. Price Plans
    1. Your contract will be for either a fixed plan or a variable price plan.
    2. A fixed price plan is for a fixed term and/or fixed rate:
      1. We will not increase the charges you pay under your contract while you are on a fixed term contract unless your contract changes in accordance with this agreement – please see section 15 (‘Changes to your contract’).
      2. Toward the end of your agreement we will send a written Statement of Renewal This notice will outline what will happen if you do not agree to an extension of the contract or agree to enter a new contract with us (see section 6).
      3. For certain tariffs you may be liable to pay cancellation or termination fee if you terminate your contract or switch suppliers before the fixed term has expired (see section 14).
    3. A variable plan means you are on one of our variable rate tariffs. For variable contracts we may increase the charges you pay by providing you with at least 30 days' advance notice.
    4. If you are on a fixed contract you can cancel your contract during the cooling off period without incurring a termination fee (see section 14).
    5. If you are on a variable contract you can cancel at any time without incurring a termination fee (see section 14).
    6. Details of our tariffs can be found on our website. You will be sent details of your specific plan in your welcome pack.
    7. If you move into a Property that is already supplied by us you will be deemed to have a contract with us. If this situations occurs you will be placed on our Standard Variable tariff that is relevant to the type of meter you have.
  5. Switching to TOTO Energy
    1. If you switch your Services to us, you authorise us to contact and terminate any agreements with your existing suppliers, and authorise us to obtain and share relevant information for the purposes of fulfilling our duties in accordance with this contract.
    2. We aren't responsible for any debt or other outstanding charges you may owe your previous supplier unless we have expressly agreed to take responsibility in writing.
    3. Switching your supply to us is usually completed within 21 days after you sign up. Although this may be delayed or prevented in the event that (non-exhaustive list):
      1. Your existing supplier objects to the transfer for reasons including but not limited to; you owe them money, because your supply agreement with them has either not expired or is ineligible for termination;
      2. We do not have sufficient, accurate or complete information from you to enable the transfer of supply;
      3. You notify us that you have changed your mind during the “cooling off period” or if you would like the Services to be provided on a different date;
      4. You are connected via a metering arrangement or distribution network that we cannot support;
      5. Any other circumstances, events or caused beyond our reasonable control, which shall include but not limited to: fire, hazard, strike, acts of God, war, flood, drought, earthquake or other natural disaster, law or governmental restrictions, explosions and non-performance by suppliers or sub-contractors.
    4. You agree to submit opening meter readings on or shortly before the start of supply date and ensure that the readings you submit are accurate.
  6. What happens at the end of your fixed term contract
    1. We will send you a Statement of Renewal before your fixed contract ends to let you know what options are available.
    2. If your fixed contract ends and you take no action, we will automatically transfer you to the relevant variable contract available for your meter type and payment method until we are instructed otherwise.
    3. If you are transferred to the relevant variable tariff your charges may be higher than that of the fixed tariff and these charges are subject to change from time-to-time.
  7. Your Meter and access to your property
    1. Where your meter has not been installed by us you are responsible for ensuring your Property has an appropriate credit meter or prepayment meter installed that meets all the following requirements:
      1. It is capable of measuring the energy supplied to your property;
      2. Maintenance and legal compliance checks are carried out for all pipes, equipment, wires and other fittings; and
      3. It is suitable and meets industry standards for safety and accuracy.
    2. You are responsible for ensuring that your metering equipment is not lost, stolen, tampered with or damaged. In this contract metering equipment means the meter itself and all equipment required to operate your credit meter or prepayment meter.
    3. If you discover any damage, fault or other issue with your metering equipment, you must inform us immediately.
    4. If we, the relevant network operator or any other agent appointed by us is required to install, maintain, read, disconnect, repair or replace any metering equipment, you must provide full access to your premises, which shall be a safe environment for the necessary works to be carried out. Any obstructions preventing access to the necessary equipment must be removed by you.
    5. You must pay our reasonable costs in connection with removing, inspecting, replacing or repairing the metering equipment at your Property if you are found responsible for any damage to the meter.
    6. If you have a smart meter you agree to the following:
      1. We may remotely take meter readings, remotely repair and update it.
      2. In the event you don't pay your bills we may switch it from credit mode to prepayment mode or disconnect your supply (or both) – we will notify you before this happens.
      3. We may use information from the meter to work out your bill and offer you appropriate tariffs and other products (including via any associated in-home display device), and monitor your energy usage.
      4. Any equipment provided (such as an in-home display unit) should not be removed from your Property or tampered with without our consent.
    7. You will asked for additional consent to allow us to collect any meter data beyond what is required to operate your supply as per the agreement.
  8. Payments and charges – general
    1. You are responsible for paying us for the supply until your agreement with us ends, and also paying any charges or debts you have accrued which remain outstanding after your contract ends which have not been taken on by your new supplier.
    2. If you're having trouble paying your bill, you should contact us immediately to discuss ways to save money and the payment methods available to you. Call us on 0333 210 7070. You can also visit our website for more information.
    3. We'll calculate the charges for your supply using:
      1. The gas/electricity you've consumed in kilowatt hours (kWh) in conjunction with the price details of the specific tariff you are using.
      2. A standing charge, for each “Meter Point Reference Number” (MPRN) or “Meter Point Administration Number” (MPAN) registered to your Property.
      3. We will calculate the amount of gas/electricity you have used based on the meter readings you give us, or the automated reading from your smart meter. If you do not have a smart meter or you do not provide up-to-date meter readings we will estimate your meter readings (using industry standard methods).
    4. We'll add VAT to our charges at the applicable rate (currently 5% for energy usage, 20% for any other charges).
    5. You should inform us of any significant changes made to your property that are likely to affect the amount of energy you consume for example, the installation of a swimming pool.
  9. Payments and charges – your payment method
    1. The payment methods available are as follows:
      1. Standard Direct Debit, which means paying for your supply in advance each month by Direct Debit, where we set the amount of your Direct Debit.
      2. Seasonal Direct Debit, in which we may increase the standard Direct Debit by up to 50% to cover additional usage for 6 months of each 12 months period, and reduce the standard Direct Debit amount by up to 50% for the other 6 months of each 12 month period.
      3. Annual Direct Debit, in which one payment is taken in advance for the estimated cost of the Services provided for the duration of the fixed term.
      4. Annual Debit/Credit Card, in which one payment is taken in advance via debit or credit card for the estimated costs of the Services provided for the duration of the fixed term.
      5. Initial Direct Debit, in which payment is made on the day your switch is complete (your start date with TOTO (typically day 21 after your sign up). The initial payment is 2x your Direct Debit. All subsequent payments revert to the value of 1x your Direct Debit. The value of your Direct Debit will change in accordance with your usage.
      6. You can alter the day of the month your payment takes place on from the third payment onwards by contacting us or requesting the change in your myaccount area.
      7. Paying via your prepayment meter – see section 9.6 below for details.
      8. Standard credit, which means paying in arrears by cash, electronic payment cheque or postal order.
    2. Many of our tariffs require you pay your bills by a specific payment method, which will be made clear to you from the outset. If you chose such a tariff you must pay by the specified method. If you fail to pay by the payment method specified in your tariff we may move you to a less favourable tariff.
      1. For annual and wholesale tariffs we require payment within the cooling off period. Failure to make this payment will result in us moving you onto a standard variable tariff. If this payment is necessary you will be made aware of the requirement when signing up.
      2. Section 9.2.1 above does not in any way affect your statutory 14 day Cooling Off period. If you change your mind after making the introductory payment but within the Cooling Off period, we will refund the payment.
    3. If you are on a deemed contract with us, you will be paying by Standard Credit.
    4. Paying by Direct Debit involves:
      1. For monthly standard direct debits the payment schedule will be based on the estimation of annual usage.
      2. We will carry any debit or credit balance forward to your next bill. In the case of Annual Direct Debit, any debit or credit will be reconciled every 6 months.
      3. You must give us accurate meter readings at least every 90 days (unless you have a smart meter and we receive readings automatically). Failure to do so may result in incorrect billing and debts being owed at the end of the contract.
      4. We aim to review your account at least once every six months, which may result in your monthly payment amount changing. You will be notified of any change.
      5. If we believe your regular Direct Debit payments will not cover your ongoing consumption we may take a one-off direct debit payment to ensure your account remains in credit. If we require a one-off payment, we will contact you given you at least 5 working days written notice.
    5. Paying by pre-payment means:
      1. You pay for your energy up front using your key and card or via the “myaccount” area of our website.
      2. You are required to have a prepayment meter or have your smart meter switched to prepayment mode.
    6. You will be deemed to pay by pre-payment if you move into a property with a prepayment meter already installed.
    7. For some of our tariffs we may require to do a credit check on you. If we need to do this you will be notified.
    8. The price plan and payment method form a part of your contract.
  10. Payments and Charges – Late Payments
    1. If you don't pay your bill on time:
      1. We can add the amount of your debt to your next bill or, if you have a prepayment meter, we can deduct a contribution towards your debt from any top-ups you make.
      2. If your payment method is direct debit, we may charge you an additional fee for each missed payment.
      3. If your payment method is direct debit, and you cancel your Direct Debit without notifying us, an administration fee will be added for reinstating your Direct Debit. As part of your contract, if you have agreed to pay by Direct Debit you will have benefitted from a reduced tariff. If you opt for a Direct Debit tariff and your direct debit it subsequently cancelled you will be liable to pay an additional fee on your standing charge
      4. We may refer your case to a debt collection agency for payment of the outstanding debt.
      5. We may install a prepayment meter and move you to a different tariff or switch your smart meter to operate in prepayment mode. This tariff may have higher unit rates and standing charges. Depending on the amount of debt added to your meters when we switch you from Credit to Prepay mode, your rate of repayment will be £1, £3 or £5 per day per meter. Alternatively a monthly payment plan must be set up to pay the debt, equal in length to no more than 1 year. To return to paying by Direct Debit the debt must be paid in full.
      6. If you don't voluntarily accept a prepay meter installation, we can install prepayment meters at your property under warrant from the Magistrates Court (or Sheriff Court in Scotland) without your permission.
      7. We can temporarily suspend or permanently disconnect the supply under warrant from the Magistrates' Court (or Sheriff Court in Scotland) without your permission.
      8. You must pay us any bank charges that we have to pay because of cancelled or failed payments.
      9. We can charge you interest at 4% per year above the current Bank of England base rate, which will be charged on the overdue amount.
    2. If we move you to an alternative tariff or different payment method, including prepayment plans, you may pay higher unit prices and standing charges on this alternative tariff.
    3. If you make a false Direct Debit indemnity claim you are still liable to pay the sum plus any additional charges incurred.
  11. Payments and Additional Charges
    1. From time to time in addition to your normal bills you may need to pay additional charges relating to the following:
      1. Testing the accuracy of your meter – If you request a meter accuracy test and the meter is found to be operating within industry tolerances, we will charge you for the test. We will let you know beforehand what the charges will be. The test is not chargeable where a meter is found to be inaccurate in accordance with industry tolerances.
      2. Repairing or replacing your metering equipment.
      3. Changing the position of a meter at your property, unless we are required to move it due to a vulnerability.
      4. Disconnecting or reconnecting your supply.
      5. Replacing payment cards or keys for prepayment meters.
      6. Charges we are required to pass on to our customers by law or regulation, or a regulatory authority (such as Ofgem).
      7. Any reasonable costs we incur (including administration costs) because you failed to meet the terms and conditions of this contract.
      8. Should you fail to attend an agreed engineer visit or meter installation without giving at least two working days' notice, we will pass on any charges from our meter operator to you. This is currently £70 per failed appointment.
  12. Payments and Charges – Refunds
    1. If you would like a refund you must submit a recent meter reading if you don't have a smart meter.
    2. If you are a current customer paying by Direct Debit and request a refund of any credit we will refund the balance less two month's Direct Debit.
    3. If you're switching away from us, you'll receive a refund after we've received your final meter readings from your new supplier and sent you a final bill. This process of receiving your final bill can take up to six weeks to complete. The refund process would then begin after the date the refund is requested.
    4. You'll usually get your refund within 28 working days of it being requested. We'll pay it into the bank account you use for your Direct Debit unless you ask us to pay it into another account. If you would prefer we can also pay refunds by sending you a cheque.
  13. Moving house
    1. If you're moving house you should tell us at least two working days before you move. If you tell us two days before, your contract will end on the day you move out.
    2. If you tell us after you've moved, or we hear of your move from the new occupier your contract end date will be two working days after we are informed, or the date on which the new occupier moves in.
    3. If you do not have a smart meter you must provide us with final meter reading(s) to enable us to send you a final bill. If you don't provide your final meter reading(s) we will use the new occupant's reading or our reasonable estimate to generate your final bill.
    4. You must provide us with your new address, so we can send your final bill or any refund communications to you.
    5. If you ask us to provide a supply at your new home, we'll cancel your existing contract and set up a new contract for your new property, which will take effect in accordance with the other sections of this agreement
  14. Cancelling your contract
    1. This contract will continue until formally terminated by either party.
    2. After the cooling off period, when we have become your supplier, the contract cannot be cancelled without establishing who the next provider of gas and electricity to the property will be.
    3. If at any point you would like to terminate the contract with us please contact customer services to discuss it.
    4. If you leave us after the Cooling Off period but before the end date of a fixed contract, we may charge a termination fee. We will always tell you if a termination fee applies and the amount of that fee before you sign up.
    5. You do not have to pay us a termination fee if:
      1. You move house and you choose to move your existing energy agreement to your new home.
      2. You switch to a new supplier at the end of your fixed contract.
      3. You are leaving us after you have received a statement of renewal from us but before your fixed contract ends.
      4. You are leaving us because you do not agree with changes we've made to your contract.
      5. You are moving to another tariff with us and we waive the fee.
    6. If your fixed term plan comes to an end without you switching to a new tariff with us, you'll automatically move onto our standard variable contract and will not be charged any termination fee.
    7. If you are a prepayment customer and you owe us money we may object to any request to switch supplier. We will not object if your new supplier agrees to take on the debt or you pay us within 30 working days' of receiving notice of our objection.
    8. If you're paying by any method other than via a prepayment meter, we can block a switch for any amount of debt. If you clear this debt within 30 working days, we'll allow the switch to happen.
    9. Section 14 will still apply after your contract ends.
    10. Should you wish to switch suppliers and stop receiving Services from us, you are not required to notify us. You can make arrangements with a new supplier who will process the switch on your behalf.
  15. Changes to your contract
    1. Subject to the provisions of this contract, we reserve the right to change your contract at any time.
    2. We reserve the right to make changes to our Terms and Conditions at any time. The Terms and Conditions will be available on our website at all times for you to view.
    3. If we make changes to your agreement, we will give you 30 days' notice of the changes. If the change disadvantages you, you can switch to another supplier or move tariff with us without paying a termination fee.
    4. None of the below constitutes a disadvantageous change:
      1. Changing your payment method
      2. Increasing additional charges under section 10 of this agreement.
      3. Moving you automatically onto a variable contract in accordance with this contract.
      4. Changing or withdrawing any benefits in accordance with this contract.
      5. Increasing the VAT you pay.
      6. Making changes to the contract if we are required by Ofgem's rules or other legislation.
    5. The principal terms of your contract and your price plan with us are based on you having Smart Metering equipment at your premises. If you do not already have Smart Metering equipment, we will install Smart Metering equipment for you.
    6. If you refuse to let us install Smart Metering equipment for you on your chosen tariff, we reserve the right to transfer your supply to one of our other tariffs. The tariff we transfer you to may be more expensive than the initial tariff you agreed to. If this is the case, we will give you 42 days' notice before we apply the change.
    7. If you ask us, we can add another person to your contract so that they can administer your account on your behalf. We can't make that person financially responsible for your supply unless they agree to it in writing; in which case our agreement is automatically amended to make them a party to it.
  16. Disconnecting the supply
    1. We can suspend or disconnect the supply if:
      1. You have a long term outstanding debt and have not made arrangements to pay.
      2. You are using the Services for a purpose other than the purpose which we agreed to supply it;
      3. You are in violation of applicable laws or regulations relating to the Services;
    2. You will be given written notice before we start the disconnection process.
    3. To restart your supply we may need to rely on other parties, so cannot guarantee any particular response times for such work.
    4. If we have had to suspend or disconnect the supply, we may ask for a payment on account before we restart or reconnect it.
    5. We may ask you to reimburse us for the cost of suspending or disconnecting the supply, as well as the cost for restarting or reconnecting it.
    6. This contract will end with immediate effect if Ofgem or a governmental body revokes our licence to supply the Services.
  17. Our liability
    1. We are not liable for any loss or damage (including negligence and breach of statutory duty) that we couldn't reasonably have expected would result from breach of this contract at the time you entered into it.
    2. If we're liable for a loss caused by a gas transporter or electricity distributor, our liability (including for negligence and breach of statutory duty) is limited to the amount we're entitled to recover from them on your behalf.
    3. If we're required or entitled to take any action in accordance with our gas supply licence, electricity supply licence or any other rules that are binding on us, we won't be in breach of this contract.
    4. Whilst we shall use reasonable skill and care in providing the Services we can't guarantee that the supply will be uninterrupted.
    5. We shall not be in breach of contract if the Services are interrupted, disconnected or we are otherwise unable to provide you with the Services for a reason beyond our reasonable control which shall include but is not limited to: fire, hazard, strike, acts of God, war, flood, drought, earthquake or other natural disaster, law or governmental restrictions, explosions and non-performance by suppliers or sub-contractors. In such events, the agreement will remain in full effect but the affected party will have no liability for such failure to perform.
  18. Using Personal Information
    1. You agree that we can use your personal information and data in accordance with our privacy policy, which you can find here: www.totoenergy.com/privacy-policy
    2. We agree to only use your data in accordance and compliance with the GDPR
  19. Emergencies & Safety
    1. If you have a gas emergency, you must report it to the 24 hour emergency number on 0800 111 999.
    2. If you have an electricity emergency, you must report it to your local electricity distributor – the contact details can be found here http://www.energynetworks.org/info/faqs/electricity-distribution-map.html
    3. You mustn't use the supply in any way that endangers people or property, or that could interrupt the gas supply of any other property.
    4. We can restrict the supply if we think you are using it in a way that is unsafe or if we are required to by law.
    5. If you falsely report a gas emergency and an engineer is sent out to your property, you will be liable for a payment of £70 for the engineer's visit. This debt will be added to your meter if you are a prepayment customer and to your account if you are a credit customer.
    6. If you report a gas emergency and the engineer is required to add credit to your meter to get you back onto supply, you will be liable for credit added to the meter.
  20. Our complaints procedure and your rights
    1. You can submit a complaint by:
      1. Calling us on 0333 210 7070
      2. Writing to us at our registered address or emailing us complaints@totoenergy.com
      3. Contacting us though the live chat area of our website, facebook or other social media
    2. Whilst we aim to respond to your complaint as soon as possible, the typical response is normally 5 working days'. The response time may vary depending on the volume of correspondence we are experiencing.
    3. If our complaints team doesn't resolve your complaint to your satisfaction, you will receive a final response (called a "deadlock letter") and give you contact details for the Energy Ombudsman if you wish to take the matter further.
    4. You can also find other useful information, things we can do to help, including details of the Priority Services Register and how to sign up in the TOTO Energy Help and Support page on our website.
  21. Your Rights
    1. It's easy to get free, independent advice so that you know your rights as an energy consumer. You might want to get a better deal, find out how to make a complaint, get advice about the quality of your electricity or gas supply, or ask for help if you're struggling to pay your bills. Visit the "Know your rights" section of www.citizensadvice.org.uk/energy for up-to-date information or contact the Citizens Advice consumer service on 0345 404 0506.
    2. You agree that, pursuant to this contract, we are supplying you with the Services acting on behalf of your network operator to make an agreement with you. The agreement is that you and your network operator both accept the National Terms of Connection (NTC) and agree to keep to its conditions. This will happen from the time that you enter into this contract and it affects your legal rights. The NTC is a legal agreement. It sets out rights and duties in relation to the connection where your network operator delivers electricity to, or accepts electricity from, your home or business. If you want a copy of the NTC or have any questions about it, please write to: Energy Networks Association, 6th Floor, Dean Bradley House, 52 Horseferry Road, London SW1P 2AF. You can also phone 0207 706 5137, or see the website at www.connectionterms.co.uk
  22. Other conditions
    1. We can transfer any of our rights or obligations under this contract without your permission. However, you must not transfer your rights or obligations under this contract to anyone without our permission.
    2. If we are unable to continue supplying our customers, Ofgem may give a "Last Resort Supply Direction". This means that you could be transferred to another supplier, and your supply will not be interrupted.
    3. If we need to give you legal notice in connection with this contract, we may deliver it by hand or use the postal address and/or email address you have given us most recently. The following rules shall apply to the delivery of notices envisaged by this agreement (save for notices of legal proceedings):
      1. If we post a notice to you, it will be assumed to have been delivered two working days after it was posted.
      2. If we deliver a notice to you by hand or by email, it will be assumed to have been delivered immediately.
    4. Nothing in this contract affects our legal rights or powers. Nothing in this contract affects any of your statutory rights.
    5. The contract between you and us consists of these terms and conditions, and any other materials explicitly referred to.
    6. If any clause of this contract is declared invalid or illegal or unenforceable, the offending clause shall be deemed omitted from this contract and the other clauses will continue to apply.
    7. This contract is governed by the laws of England and Wales if your Property is in England or Wales, and in Scotland if your Property is in Scotland. If there is any dispute between us, it will be dealt with by the courts of England and Wales if your property is England or Wales, and by the courts of Scotland if your property is in Scotland.