npower hometeam care plans Membership Terms & Conditions At npower, We understand that You rely on Your boiler and central heating system for hot water and heating and know that what You need is comfort from an expert that Your Boiler and Central Heating System will continue to operate safely and efficiently, which is why You have chosen a Plan from Our hometeam care Plan range. 2.9 entral Heating System means the gas fired Central C Heating System at the Property including the Boiler, the Controls together with the pump, motorised valves, cylinder thermostat, time, temperature and pressure controls, radiator valves, radiators, pipe work, and central heating feed and expansion tank. 2.10 Commencement Date means the date from which Your request for a Plan has been accepted and processed and You have agreed to pay the Price for the said Plan. 2.11 Controls means any programmer/time clock/room thermostat /cylinder thermostat connected to the Boiler. 2.12 Eligibility Conditions means the conditions and obligations set out in sections 6 and 7 below. 2.13 Expiry Date means 12 calendar months from the Commencement Date or, where the Agreement has been renewed, from the Renewal Date. 2.14 Fault means not in Working Order. 2.15 Geographical Charge means a charge which is applicable to the regions where We may incur additional charges such as congestion charges and additional parking fees. 2.16 Intermittent Defect means a reoccurring defect which cannot be identified, causing the Boiler and/or Central Heating System to fail randomly at regular intervals, but otherwise the Boiler and/or Central Heating System functions satisfactory. 2.17 Maintenance means such work carried out by Us to keep Your Central Heating System or Boiler (depending on which Plan You have chosen) in Working Order for the Agreement Period, including the carrying out of the Annual Inspection and Service and the provision of such Maintenance Work where necessary. 2.18 Plan means the plans set out in Section 3. 2.19 Price means the amount that You must pay Us for the selected Plan for the Agreement Period, which may include a Geographical Charge (as applicable). 2.20 Promotional Item means any item offered as an incentive when a new Plan is taken out or an existing Plan is renewed. 2.21 Property means the residential dwelling where the Central Heating System or Boiler is situated. 2.22 Readily Available means available from a UK supplier. 2.23 Maintenance Work means such maintenance work carried out by Us to put the Central Heating System or Boiler (depending on which Plan You have chosen) back into Working Order (including rectifying a Fault which arises during the Agreement Period). Maintenance Work includes Our labour, Our provision of any particular part of the Central Heating System or Boiler (as applicable) which needs replacing, and any VAT on such labour or part. 1 Our Agreement 1.1These Terms and Conditions set out an agreement under which, subject to certain limitations and qualifications as detailed below, We will care for and maintain Your Central Heating System or Boiler (as applicable depending upon which Plan You choose). 1.2These Terms and Conditions apply to the Agreement between You and Us. Please read them carefully so that You fully understand what Your Plan provides and what You can expect from npower. If You have any questions please call Us on 0800 980 5975 (hometeam dedicated membership number) and We will happily answer them. 2Definitions Certain words and expressions used in these Terms and Conditions have the meanings set out in this section. 2.1 Agreement means the agreement between You and Us to carry out the Maintenance specified in Your Plan, which shall include these Terms and Conditions. 2.2 Agreement Period is defined at section 8.1. 2.3 Annual Inspection and Service means the inspection, comprehensive service and safety check of Your Central Heating System or Boiler (depending upon which Plan You have chosen) carried out during the Agreement Period in accordance with section 9. 2.4 Beyond Economical Repair means where We estimate that the Maintenance Work could cost more than the current value of the Boiler or where the parts required are not Readily Available to Us. 2.5 Boiler means the boiler that is used to heat Your Property and which We have agreed to maintain under this Agreement, including all manufacturer fitted components within the boiler, the Controls and the first metre of the horizontal flue pipe including the Terminal and condensate pipe work. It shall not include any other boiler located at the Property. 2.6 Callout means where We attend the Property on Your request in the event of a Fault (or alleged Fault) occurring with Your Central Heating System or Boiler (depending on which Plan You have chosen). 2.7 Callout Fee means the fee payable by You under a Plan which includes payment of a fixed amount in the event of a Callout, such amount shall be notified to You at the point when You take out the Agreement and/or when You contact Us to request the Callout. 2.8 Cancellation Charge means the charge calculated in accordance with section 16.3. 1 npower hometeam care plans Membership Terms & Conditions 2.24 Renewal Date means the date on which Your Agreement renews, which, if renewed automatically, will be the anniversary of the Commencement Date. 2.25 Terminal means the termination of the flue through which the exhaust gases leave the Property. 2.26 Vulnerable Customer means any person living in the Property who - is aged over 70; or - has a child under the age of 1; or - is registered disabled; or -is chronically ill, where being without heating or hot water could endanger the life of that person. 2.27 Working Order means that the Central Heating System or Boiler (depending on which Plan You have chosen) is safe and operating efficiently and is expected to continue in that way for the period up to the Expiry Date. This does not mean that Your Central Heating System or Boiler (as applicable) will be free from all defects (including, without limitation, Intermittent Defects). 2.28 We/Us/Our means Npower Northern Limited (company registered number 03432100) whose registered office is at Whitehill Way, Swindon, Wiltshire, SN5 6PB. 2.29 You/Your means the person(s) who has entered into the Agreement with Us. 4 4.1 What Your Plan provides? Boiler Care This Plan includes: 4.1.1the Annual Inspection and Service in respect of Your Boiler; and 4.1.2 Maintenance Work. There is no Callout Fee payable under this Plan. 4.2 Boiler Care Flexi / Boiler Care Flexi 100 / hometeam 50 boiler care flexi This Plan includes the same as set out in section 4.1 above, save that You must pay a Callout Fee under these Plans for each Callout that is required during the Agreement Period. The Callout Fee must be paid prior to Us attending Your Property. 4.3 Central Heating Care/ hometeam 50 Central Heating Care / Central Heating Care Reward This Plan includes: 4.3.1the Annual Inspection and Service in respect of Your Central Heating System; 4.3.2 Maintenance Work. There is no Callout Fee payable under this Plan. 4.4 Central Heating Care Flexi / Central Heating Care Flexi 100 This Plan includes the same as set out in section 4.3 above, save that You must pay a Callout Fee under these Plan for each Callout that is required during the Agreement Period. The Callout Fee must be paid prior to Us attending Your Property. 4.5 Annual Boiler Service This Plan includes one Annual Inspection and Service of Your Boiler in the Agreement Period. This Plan above does not provide any Maintenance Work to Your Boiler or Central Heating System or any servicing to any other gas appliance. 3 Our Plans These Terms and Conditions apply to the following Plans provided by Us. Please refer to Your membership documents to check which Plan You have chosen. Plan Boiler Central Heating System Callout Fee Cashback Boiler Care Flexi 100 3 7 3 7 Boiler Care Flexi 3 7 3 7 Boiler Care 3 7 7 7 Central Heating Care Flexi 100 3 3 3 7 Central Heating Care Flexi 3 3 3 7 Central Heating Care 3 3 7 7 Central Heating Care Reward 3 3 7 3 hometeam 50 Boiler Care Flexi 3 7 3 3 hometeam 50 Central Heating Care 3 3 7 3 Annual Boiler Service 3 7 7 7 5 Our Obligations 5.1We shall exercise reasonable care and skill in carrying out the Maintenance and shall make every effort to ensure that the Maintenance and any parts used during the Maintenance will be of satisfactory quality. 5.2We shall carry out the Maintenance in accordance with all relevant laws and regulation and in accordance with the manufacturer’s instructions and guidelines. 5.3 Following completion of the Maintenance We will: 5.3.1leave Your Central Heating System or Boiler (depending on which Plan You have chosen) and its surrounding area in a clean, tidy and safe condition; 5.3.2remove and dispose of any rubbish or old parts or other materials at Your request. We shall not be liable to pay You for them. 6 Your Obligations 6.1We shall have no obligation to carry out any Maintenance unless:- There are no limits on the number of Callouts that can be made or value of Maintenance Work to be carried out during the Agreement Period, provided that Your Boiler is not Beyond Economical Repair 2 npower hometeam care plans Membership Terms & Conditions 6.1.1all facilities and supplies necessary for Your Central Heating System and Boiler to be in Working Order and required for Us to carry out the Maintenance (including the Property’s earthing and the supply of gas, water and electricity) are present or installed at the Property and are in good working order; 6.1.2Your Central Heating System and/or Boiler (including any pipe work for Your Central Heating System and/or Boiler) is easily accessible and located in a safe, well lit and well ventilated area; 6.1.3You have obtained all the necessary consents, permissions and authorisations for Us to carry out the Maintenance; 6.1.4the Property is safe for Us to carry out the Maintenance, including by means of Your removal of any dangerous material, such as asbestos, from the Property. We reserve the right to decline to carry out Maintenance where to do so would it in Our reasonable opinion pose a risk to the engineer’s health and safety or to the health and safety of others, including where the Boiler contains asbestos material. Where asbestos has been identified We will not undertake any Maintenance until a Clean Air Certificate has been provided; 6.1.5any information that We request from You to enter into this Agreement, and carry out any Maintenance pursuant to this Agreement, is true and accurate. 6.2It is Your responsibility to provide access to the Property for Our engineers to undertake Maintenance. 7.4We reserve the right not to agree to maintain some Boiler makes and models. If this is the case with Your Boiler, We will notify You of this at the time You request the Plan or following any communication carried out in the circumstances set out in section 7.7 or when We attend Your Property to carry out the Annual Inspection and Service. 7.5The fact that Your Central Heating System or Boiler (depending on which Plan You have chosen) was accepted on to one of Our Plans in relation to one particular Agreement Period shall not mean that We are obliged to accept it for any subsequent Agreement Period: Your Central Heating System or Boiler (depending on which Plan You have chosen) must continue to meet the Eligibility Conditions for each subsequent Agreement Period. 7.6If Your Central Heating System or Boiler (depending on which Plan You have chosen) does not pass the Eligibility Conditions prior to or during the carrying out of the Annual Inspection and Service We will cancel Your Agreement. We will also refund any money that has already been paid by You in relation to the Agreement Period, unless We have reasonable grounds to believe that You knew or should reasonably have known that before such Annual Inspection and Service You provided Us with materially inaccurate or incomplete information in relation to the Eligibility Conditions. In these circumstances You shall be required to pay the Cancellation Charge. 7.7Prior to the start of the Agreement and any Renewal Date, We may ask You questions relevant to the Eligibility Conditions. Based on Your answers to these questions, We shall be entitled to decide whether or not to agree a date to undertake an Annual Inspection and Service. If, as a result of Your answers, We decide that We are unable to agree a date to carry out the Annual Inspection and Service, We shall be under no obligation to enter into any arrangement with You to provide any Maintenance. 8 Agreement Period and Renewal 8.1The term of this Agreement is 12 months from the Commencement Date (or Renewal Date where the Agreement has been renewed) unless it is cancelled by You or Us in accordance with these Terms and Conditions (“the Agreement Period”). 8.2Before the end of an Agreement Period We will notify You of the Price to renew the Plan for a further period of 12 months. Unless the circumstances in section 8.4 apply, the Plan will automatically continue from the Renewal Date, unless You notify Us that You do not wish to renew the Plan. If You do not wish for the Agreement to renew You must notify Us in writing or by telephone within 14 days from the Renewal Date. Following the Renewal Date, We shall contact You in order to agree a date and time for Us to carry out Your Annual Inspection and Service for the renewed Agreement Period. We shall have no obligation to undertake any Maintenance unless and until We have agreed with You a date to carry out the Annual Inspection and Service for the Agreement Period and any renewed Agreement Period. 7 Eligibility Requirements 7.1For Us to undertake any Maintenance pursuant to the terms of any Plan, the following conditions must be met: Your Boiler must: 7.1.1 run on mains supplied natural gas; 7.1.2be used for domestic purposes and not used for commercial purposes; 7.1.3be a domestic conventional Boiler, combination Boiler or back Boiler; 7.1.4 have a net input rating of less than 70KW; 7.1.5have been installed and maintained in accordance with the manufacturer’s guidelines; 7.1.6 prior to the start of the Agreement Period, to the best of Your knowledge, be free of any defects or damage, and 7.1.7comply with and meet all relevant laws, regulations and standards. 7.2The Plans are only available in mainland UK. We are unable to accept onto a Plan a Central Heating System and/or Boiler that is situated in a mobile home, detached out house, barn, property owned by a Housing Association or Council where there is a tenancy agreement in place, properties used for commercial purposes or a boiler or heating system that services a swimming pool. 7.3The Property must be Your main residence and situated in mainland UK. We are not able to provide the Plans to tenants occupying the Property or to private landlords to use for their privately rented properties. 3 npower hometeam care plans Membership Terms & Conditions 8.3Where the Plan has renewed in accordance with section 8.2 and You have not notified Us that You do not wish to renew the Plan, You will be liable to pay the Price, as notified to You, for the new Agreement Period. 8.4If, at the time of Your renewal, Your current Plan has been withdrawn, You will be offered a suitable alternative plan on the renewal of Your Agreement. unless You have renewed the Agreement and We have carried out an Annual Inspection and Service within 12 months of the said Fault occurring, in which case We shall carry out the Maintenance Work to rectify such Fault, subject always to the Eligibility Conditions. 9.4Any failure or delay to carry out the Annual Inspection and Service (where the failure has not been caused by Us) may affect Your rights under section 11. 9.5We shall be entitled not to complete any Maintenance at any point during the Agreement Period if We suspect for any reason or to any extent that You have told Us anything which in any way or to any extent is inaccurate or incomplete in relation to the Eligibility Conditions. In such a case We may cancel the Agreement and if We have carried out (or attempted to carry out) any Maintenance during the Agreement Period You shall be required to pay the Cancellation Charge. If We cancel the Agreement in accordance with this section and We have not carried out (or attempted to carry out) any Maintenance during the Agreement Period, no refund of any part of the Price already paid by You shall be given. 9.6We may choose to complete the Annual Inspection and Service at the same time as We are undertaking any other Maintenance at the Property, including where We attend Your Property in the circumstances set out in section 9.3.2 above. 9.7We may tell You that remedial work is required to be carried out to Your Central Heating System or Boiler (as applicable) in order for the Eligibility Conditions to be met. If We do so, We will provide You with a quote for that work to be done. If You accept the quote You must pay for the work by credit/debit card before We commence such work. We shall be under no obligation to enter into any arrangement with You to provide any Maintenance until such work has been carried out. If the remedial work is not carried out or is delayed in being carried out and a Fault occurs to Your Boiler or Central Heating System (as applicable) as a result of the work not being carried out or delayed, We shall not be liable to carry out any Maintenance Work to rectify such Fault under the Plan. If the remedial work is not carried out by Us, We shall require written confirmation from the party that has carried out the work to state that such work has been completed. 9.8Nothing in section 9.3 above shall affect Your and Our respective rights of cancellation set out in this Agreement. 9 Annual Inspection and Service 9.1Subject to section 8.2, compliance with the Eligibility Conditions, payment of the Price in accordance with section 13.1, Our cancellation rights set out in this Agreement and the carrying out of any remedial work in accordance with section 9.7, We shall carry out an Annual Inspection and Service in each Agreement Period to ensure that Your Central Heating System or Boiler (depending on which Plan You have chosen) is in Working Order. During the Annual Inspection and Service if We conclude that the Eligibility Conditions have not been met, section 7.6 shall apply. 9.2If We are unable to make contact with You to arrange a date to carry out the Annual Inspection and Service or the Annual Inspection and Service does not occur on the agreed date for reasons which do not constitute or include any failure or omission on Our part and We have been unable to re-arrange another date or We have made at least 2 attempts to carry out the Annual Inspection and Service on the date(s) agreed with You but have been unable to gain access to the Property each time, We reserve the right to cancel the Agreement. If We cancel the Agreement in accordance with this section and We have carried out (or attempted to carry out) any Maintenance during the Agreement Period prior to the Annual Inspection and Service being carried out, You shall be required to pay the Cancellation Charge. If We cancel the Agreement in accordance with this section and We have not carried out (or attempted to carry out) any Maintenance during the Agreement Period, no refund of any part of the Price already paid by You shall be given. 9.3In the event that a Fault arises with Your Central Heating System or Boiler (depending on which Plan You have chosen) at the time the Annual Inspection and Service is carried out or prior to the Annual Inspection and Service being carried out in any Agreement Period, subject to section 10.11, We shall not be liable to carry out any Maintenance Work to rectify such Fault under the Plan and We shall have the option to either: 9.3.1cancel the Agreement and the provisions of section 7.6 shall apply in respect of the return of any monies paid; or 9.3.2carry out such Maintenance Work using Our discretion, taking into account the date that You had Your last Annual Inspection and Service carried out by Us and the extent by which You meet the Eligibility Conditions. In addition, Our discretion shall be exercised in Your favour if We have agreed a date to carry out the Annual Inspection and Service in the Agreement Period but that the reason it has not been carried out is not due to any failure or omission on Your part, subject always to meeting the Eligibility Conditions 10.Maintenance Work to Your Central Heating System or Boiler (as applicable) 10.1If Your Central Heating System or Boiler (depending on which Plan You have chosen) develops a Fault please call Us on the 24 hour helpline, 0800 980 5975 to arrange for an engineer to attend. 10.2Subject to section 10.3 and 14, compliance with the Eligibility Conditions, payment of the Price in accordance with section 13.1, Our rights set out in section 9.3, Our cancellation rights set out in these Terms and Conditions and the carrying out of any remedial work in accordance with section 9.7, We shall carry out Maintenance Work as soon as possible after being notified in accordance with section 10.1 above. On arrival at Your Property the 4 npower hometeam care plans Membership Terms & Conditions engineer will check that Your Central Heating System or Boiler (depending on which Plan You have chosen) complies with the Eligibility Conditions. 10.3We cannot carry out any Maintenance Work within the first 14 days of Your Agreement Period, unless Your Agreement has automatically renewed in accordance with section 8.2. 10.4If We need to order any parts to complete the Maintenance Work We may need to arrange further appointment(s) with You. 10.5In completing any Maintenance We may use whatever parts We deem to be appropriate for the Maintenance. If the parts are no longer Readily Available then section 11 below shall apply. 10.6Parts required for the Maintenance may be delivered to Your Property prior to the relevant appointment and You must make arrangements to accept delivery of such parts and take reasonable care of them. 10.7We shall use engineers to carry out Maintenance who are employed by Us or who have been approved by Us and who are suitably and properly qualified to carry out the Maintenance. 10.8All engineers will show an identification badge on arrival and if You wish, You may also telephone Us on 0800 980 5975 (hometeam dedicated membership team number) to confirm the engineer’s identity. 10.9We will not reimburse the costs of another engineer or any other third party attending or repairing the Fault. 10.10In the event that We make at least 2 attempts to access Your Property following a Callout and have been unable to gain access to the Property each time, We shall be entitled to recover Our reasonable costs for attempting to carry out Maintenance, based on Our standard rates. 10.11We guarantee all parts and labour for 12 months from the date of the Maintenance Work. ‘Selected Installer’ and give no warranty in respect of the quality of the boiler and installation and/or performance of such Selected Installer. This does not affect Your statutory rights. 11.2 We will not provide a cash alternative or provide a discount against the cost of a replacement boiler provided by and/or installed by an installer who is not one of the ‘Selected Installers’. 11.3In order for section 11.1 to take effect, We shall be entitled to require You to show Us documents which show the installation date of the Boiler. 11.4Our obligations set out in this section 11 shall only apply where the Annual Inspection and Service has already taken place during the Agreement Period. 12 Appointment times for Maintenance 12.1Our engineers normally work during the hours of 8.30am and 4.30pm Monday to Saturday. Subject to availability, engineers may also be able to attend an appointment up to 7pm Monday to Thursday and from 9am to 1pm on Sunday. 12.2For the reasons given in section 12.3 below, all dates and times given for Maintenance to be carried out are subject to availability and change although We will endeavour to notify You as early as possible if this is the case. 12.3We will always make Vulnerable Customers and emergencies a priority for Maintenance. 12.4If You wish to reschedule an appointment for Maintenance to be carried out, You must notify Us before 4pm on the working day (being any day other than a Saturday, Sunday or Bank holiday) prior to the agreed appointment date. 12.5If You are unable to be present at the Property whilst We are carrying out any Maintenance, please ensure that You have a representative at the Property who is authorised to consent to the Maintenance and/or make any payment on Your behalf as may be required in accordance with these Terms and Conditions. 11 If We are unable to carry out Maintenance Work 11.1There maybe circumstances when We are unable to carry out Maintenance Work on Your Boiler, for instance if parts are not Readily Available or if We consider it to be Beyond Economical Repair. In these circumstances, We will: 11.1.1if Your Boiler has been installed for less than 7 years old, replace it with a new Boiler that We have selected as being an appropriate replacement. The replacement of the Boiler includes the cost of installing it but does not include the cost of any upgrades required to Your Central Heating System that You may request or which are required by legislation or the cost of moving the Boiler. 11.1.2if Your Boiler has been installed for more than 7 years offer You a discount of £450 off the cost of a replacement boiler where it is installed by one of the ‘Selected Installers’ (details of which shall be provided to You). You shall be responsible for the cost of the installation and any associated costs and You shall need to enter into a contract with the ‘Selected Installer’ for the provision and installation of the Boiler. We shall not be liable or responsible for the actions or omissions of the 13 Price and Payment 13.1You agree to pay the Price for the Agreement Period. Payment of the Price will be by monthly instalments paid by direct debit. The first payment will be collected approximately 14 days after the start of the Agreement Period and subsequent payments on the same date each month. If You wish to change the date of Your monthly payment, please let Us know. 13.2Depending on Your preferred payment date, You may be required to pay two monthly payments in the same month at the start of the Agreement Period. 13.3If You fail to make any monthly payments We will notify You and We will not undertake any Maintenance under the Agreement until such time as payments have been made up to date. In such circumstances any due and outstanding payments can be made by debit or credit card. 13.4If You fail to make any monthly payment We may ask You to pay the full Price immediately. If You do not do so We may cancel the Agreement and, if We have carried out (or attempted to carry out) any Maintenance during 5 npower hometeam care plans Membership Terms & Conditions the Agreement Period, You shall be required to pay the Cancellation Charge. If We cancel the Agreement in accordance with this section and We have not carried out (or attempted to carry out) any Maintenance during the Agreement Period, no refund of any part of the Price already paid by You shall be given. 13.5Payments for Callout Fees or additional/remedial work not included within the Price are required to be paid in advance of the Maintenance or additional/remedial work being undertaken. Payments can be made by Debit or Credit Card. 13.6 All amounts stated are inclusive of VAT. 14.1.19maintenance work to intentionally or accidentally damaged equipment and maintenance work as a result of someone else’s work or negligence; 14.1.20 maintenance work where You have been advised of need for remedial/improvement work and have not undertaken the required work; 14.1.21 redecoration or reinstatement of floorings, covers, fixtures and fittings damaged as a result of the Maintenance, unless the damage is as a result of Our negligence; 14.1.22hot water cylinder feed and expansion tank including feed and outlet; 14.1.23maintenance required on the Property’s plumbing system such as taps and pipework to taps; 14.1.24consequential losses as a result of the Fault including (without limitation) any cancelled appointments, or loss of earnings; 14 What is not included? 14.1The Agreement does not also include any of the following: 14.1.1repairs or remedial work required as a result of a design fault; 14.1.2improvements required to bring Your Central Heating System up to current legislative standards 14.1.3maintenance work to boilers which require specialist work such as Potterton Powermax, Elm LE Blanc; 14.1.4systems which are supplied by Liquid Petroleum Gas (LPG), oil and electric. Under floor heating and warm air heating systems; 14.1.5 ground, air and water source heat pumps; 14.1.6maintenance work to (including the replacement of) hot water cylinders, unvented cylinders, combination cylinders, Elson tanks, thermal storage units and/or their controls; 14.1.7fan assisted convector heaters and immersion heaters; 14.1.8Faults caused by or any reduced efficiency of Your Central Heating System or Boiler as a result of corrosion, sludge or lime scale; 14.1.9 the cost of removing sludge or lime scale; 14.1.10 the removal of asbestos; 14.1.11cookers and gas fires (except as part of a back boiler); 14.1.12the replacement of bespoke or designer radiators. Replacements, where required, will be standard panel radiators only; 14.1.13resetting of the Controls including winter and summer time changes; 14.1.14maintenance work due to changes in gas, electric or water services; 14.1.15connections to the utility services such as electric cables or gas supply pipe from the meter to the appliance; 14.1.16maintenance work to (including the replacement of) flues (excluding the first metre of the horizontal flue pipe and the Terminal); 14.1.17 any Maintenance to pipes buried in concrete; 14.1.18 any Maintenance which requires the need for scaffolding; 15 Moving home If You move home You must tell Us. If You enter into a new Agreement for a Plan for Your new Property You will not be liable for any unpaid portion of the Price for the Plan for Your previous Property. However, if You choose not to enter into a new Agreement even though the Eligibility Conditions could or would have been met at Your new Property, You shall immediately pay in full any unpaid portion of the Price for the Plan for Your previous Property. 16 Right to Cancel Your Right to Cancel 16.1If the Plan You have chosen does not meet Your requirements You may cancel this Agreement within 14 days following receipt of these Terms and Conditions by: (a)writing to Us at membership finance department, npower hometeam, PO Box 7660, Burton On Trent, DE14 9FX. or (b)by phoning Us on 0800 975 9333 (lines are open Monday to Friday 9am to 5pm). or (c)by using the cancellation form provided by us with these Terms and Conditions or by filling in and submitting the electronic cancellation form at npower.com/cancellation. Please note that you may use this form, but it is not obligatory. If you use the electronic cancellation form we will communicate to you an acknowledgement of receipt of such cancellation by post or by email (where we have your email address) without delay. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. We will consider Your contract to be cancelled on the day Your cancellation is posted or submitted to us (where the electronic form is used). Please keep all documentary evidence of proof of posting as this may be requested by Us for clarification. Npower will consider Your contract to be cancelled from the day of the telephone call. 6 npower hometeam care plans Membership Terms & Conditions Without prejudice to clause 10.3, if You have requested Us to commence the Maintenance during the 14 day cancellation period, You may be required to pay Us an amount which is in proportion to the Maintenance that we have carried out at your request until You communicate to Us Your cancellation of this Agreement. 16.2Subject to section 16.4, where You cancel the Agreement at any time after the 14 day cancellation period referred to at section 16.1 and We have carried out or attempted to carry out any Maintenance during the Agreement Period, You shall be obliged to pay the Cancellation Charge and in any event, You shall not be entitled to any refund of any amounts paid. In addition, We reserve the right to recover the cost of any Promotional Item provided to You. If You cancel the Agreement in accordance with this section 16.2 and We have not carried out (or attempted to carry out) any Maintenance during the Agreement Period, no refund of any part of the Price already paid by You shall be given. 16.3The Cancellation Charge shall be calculated as the lesser of: 16.3.1the Price less any monthly payments and Callout Fees (where applicable) You have already paid for the Plan during the Agreement Period; and 16.3.2the cost of any Maintenance We have carried out or attempted to carry out under the Plan during the Agreement Period, calculated using Our standard rates. 16.4Section 16.2 shall not apply where You have cancelled the Agreement in the circumstances set out in section 19.2 or where We have failed to fulfil Our obligations set out in these Terms and Conditions in a material way. 18 Data Protection 18.1We will use the information You give Us, or which We legally receive from another organisation or person, to set up and manage Your account with Us. We may share it with all relevant industry organisations based on agreed industry processes. We may use it and share it with any npower group company to: 18.1.1help Us identify You so that We know who We are talking to; 18.1.2supply You with the Maintenance and any other work We agree to carry out; 18.1.3set up and otherwise manage Your account, including collecting debts, after sales service, service messages and improving Our service to You; 18.1.4 help prevent and detect fraud or loss; 18.1.5assess risk, carry out marketing (unless You have opted out) or market research, statistical analysis, test systems, improve the way that We run Your accounts (including quality assurance) and analyse Your account history; and 18.1.6train staff and monitor Our services. This may mean that We record Our conversations or Our correspondence with You to make sure We are providing You with a good service and to make sure We keep to Our legal and regulatory obligations. 18.2We may pass information about You to Our agents and service providers for these purposes. This may involve passing Your information outside of the European Economic Area (EEA) to countries that do not have the same data protection standards as We do in the UK. If We, or Our agents and service providers, do this, We will make sure that it happens with the relevant legal protection in place. If We are asked, We may pass Your information on for regulatory purposes to Ofgem (or any organisation which takes over Ofgem’s role), or as part of a government data-sharing initiative. In addition, We may share Your information with relevant trade bodies (including GAS SAFE REGISTER™) and all other associated bodies who may need to pass these details on to the relevant body to comply with Building Regulations or other regulatory requirements and/or in order to carry out any Maintenance and/or any after sales services. 18.3We may search the files of credit-reference agencies who will record the search. We may share information about how You deal with Your account with other financial institutions, with credit-reference agencies and with fraud prevention agencies. We may use this information to help Us assess Your ability to pay Our bills and to make decisions about the plans and services that We offer You. 18.4We may use and record information about You or a member of Your household. We may pass this information to social services, or to other organisations such as Help the Aged if You are in danger of having your electricity and/or gas supply cut off and We believe You may need extra help. You or a member of Your household may need this extra help as a result of Your (or their) health, age, disability or financial circumstances. Our Right to Cancel 16.5In addition to Our rights to cancel this Agreement set out in these Terms and Conditions, We also reserve the right to cancel the Agreement if You exhibit abusive or threatening behaviour towards any of Our employees and/or engineers. If We cancel the Agreement in accordance with this section 16.5 and We have carried out or attempted to carry out any Maintenance during the Agreement Period, You shall be required to pay the Cancellation Charge. If We cancel the Agreement in accordance with this section and We have not carried out (or attempted to carry out) any Maintenance during the Agreement Period, no refund of any part of the Price already paid by You shall be given. 17 If You are not completely satisfied with Our service We aim to provide You with a high standard of customer service at all times. However, if at anytime You are not satisfied with any part of the service We have provided to You please contact the npower hometeam on 0845 155 0060 or write to Us at npower hometeam, Customer Relations Department, PO Box 7660, Burton On Trent, DE14 9FX and We shall do Our best to resolve any problems. 7 npower hometeam care plans Membership Terms & Conditions 18.5If You have given Us Your mobile phone number or email address (or both), We may use the information to send You service messages or other similar information (by text message or email). The aim is to help Us manage Your account. We will not use the information for marketing purposes unless You have agreed that We can. You must let Us know if Your mobile phone number or email address changes so that We can keep this information up to date. 18.6We will release Your account details to any organisation We may transfer Our rights or responsibilities to under this Agreement. 18.7You are entitled to see the personal information that We hold about You at any time. (If You write to, email or phone Us and ask to see this information, it is known as a subject access request.) You may do this by calling Us on 0845 602 6363 or by emailing customer.data@ npower.com or by writing to: Data Protection SARs Team, npower, Building Tio 2, Ground Floor, Traynor Way, Off Shotton Lane, Peterlee, County Durham, SR8 2RU. When We receive Your request We will send You a form to fill in and You will have to pay a fee of £10. If You do not return the form or pay the £10 fee, We will not be able to deal with Your request. 18.8If You have agreed for communications to be sent to you by email, it is your responsibility to ensure that Your IT system has the appropriate security protection. 19General 19.1If on any occasion either You or Us agrees to take no action against the other even after the other has failed to comply with these Terms and Conditions, that party shall not assume that the other will do the same on another occasion. 19.2We may change these Terms and Conditions at any time. If the changes put You in a worse position, We will tell You about them within 65 days. If You do not accept the changes, You may cancel the Agreement by notifying Us in writing within 14 days after We have sent You the notification of the changes made. If You cancel Your Agreement in these circumstances You will not be liable to pay for the remaining part of the Agreement Period and the changes made shall not apply to You. No refund shall be given where the Agreement is cancelled in accordance with this section 19.2 and the Annual Inspection and Service has already been carried out for the Agreement Period. 19.3Other than yourself We do not intend that any other person can benefit from this Agreement. 19.4Nothing in these Terms and Conditions affects Your statutory rights as a consumer in relation to the plans and/or services that We have provided to You. For further information about Your statutory rights, contact Your local authority Trading Standards Department or Citizen’s Advice Bureau. 19.5These Terms and Conditions and the Agreement are subject to the laws of England and Wales and the exclusive jurisdiction of the Courts of England and Wales. 8 npm10678/MM15001/02.14
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