Terms & Conditions

Standard Terms and Conditions for Supplying Water and Waste Water Services – Scotland

Deemed Contract Scheme

A Guide to Deemed Contracts

These are the Standard Terms and Conditions which form part of the contract between Intelligent Business Water Limited, a company incorporated in Scotland (Registered Number SC712747) whose registered office is at Atrium Business Centre, North Caldeen Road, Coatbridge, Scotland, ML5 4EF (“we, us, our”) and the Customer (“you, your”) is as defined in the Water and Waste Water Supply Contract or the party in receipt of the Services at the Property or Properties.

1. Defined terms
“Charges” – the charges set out in the Charging Statement;
“Business Day” – any day other than a Saturday or Sunday or a bank holiday in Scotland;
“Charging Statement” – the applicable annual statement published which sets out the charges for the relevant year;
“Contract” – has the meaning given to it in Condition 2;
“Household” means, in relation to any property that it is a ‘dwelling’ within the meaning of Part II of the Local Government Finance Act 1992;
“Market Regulation” means the Market Code, the Operational Code, the Directions and the disconnections document named under the Water Services (Codes and Services) Directions 2007;
“Property” – means:
a) in terms of supplying water, premises which are (or are to be) connected to the public water supply system; and
b) in terms of providing waste water services, premises which are (or are to be) connected to the public sewerage system, and which are to receive the Services in accordance with these terms and conditions, and which are not a Household (apart from the residential part of properties which are part residential within the meaning of Part II of the Local Government Finance Act 1992), and which prior to the application of these Standard Terms and Conditions may be serviced by another licensed provider;
“Scottish Water” – the organisation with that name set up under section 20 of the Water Industry (Scotland) Act 2002, as amended or varied from time to time;
“Services” are the water, waste water and related services received at the Property or Properties (as applicable).
“Service Standards” – the document issued from time to time providing information about our Service Standards in Scotland; and
“Water and Waste Water Supply Contract” – means the contract between you and us setting out specific terms and conditions.
1.1 In these Standard Terms and Conditions:
1.1.1 headings are for ease of reference only and shall not affect the construction or interpretation of these Standard Terms and Conditions;
1.1.2 the singular shall include the plural and vice versa, and references to persons shall include firms and bodies corporate;
1.1.3 any reference to a statute, statutory provision or subordinate legislation (“legislation”) shall be such legislation as amended and in force from time to time and to any legislation which (either with or without modification) re-enacts, consolidates or enacts in rewritten form any such legislation;
1.1.4 any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words which precede those terms;

2. The Contract
2.1 The Contract shall be formed from the date that we accept your application to supply the Services and will continue until it is terminated in accordance with Condition 11.
2.2 The following documents, to the extent that each is in place and/or applicable, constitute the entire agreement for the Services (referred to as the “Contract”):
2.2.1 these Standard Terms and Conditions;
2.2.2 the Charging Statement;
2.2.3 the Service Standards; and
2.2.4 the Water and Waste Water Supply Contract.
2.3 If the Standard Terms and Conditions and the Water and Waste Water Supply Contract conflict or are inconsistent, the Water and Waste Water Supply Contract shall take precedence.

3. Market Regulation
3.1 We shall comply with all market regulations as determined by the Water Industry Commission for Scotland from time to time and which relate to the Services. You shall provide to us such information as may be requested to enable us to adhere to the Market Regulations.

4. Customer responsibilities
4.1 You shall notify us as soon as practicable the dates on which you or any tenant or new occupier of the Property shall commence occupation of the Property. It shall also be your responsibility to notify us of any vacation of the property or change in occupiers of the Property.
4.2 You must notify us if there is any reassessment of the rateable value of the Property, including the reassessed value and date that reassessment applied from;
4.3 You shall notify us about any change to the Property which may result in it being classified as Household, and shall keep us notified with accurate information in relation to such issues, and provide us without delay with such information as may be requested.
4.4 You acknowledge and agree that:
4.4.1 you are responsible for the water and waste water pipework in, on or under the Property, including responsibility for any loss of water or for any water or waste water flooding arising from the condition of that pipework; and
4.4.2 you shall become the owner of the water supplied when it reaches the connection point and that you will be responsible for the risk of flooding, together with any other losses you or any other person might suffer in connection with the supply of the water.
4.5 You must comply with all laws and obtain and comply with all necessary permits and consents which apply in relation to the Services, including any consent needed for trade effluent.
4.6 You must comply with the Scottish Water terms and conditions and any other contract with Scottish Water (or other third party) in relation to the metering equipment at any Property.

5. Charges
5.1 The charges are set out in the Charging Statement, as supplemented by the Water and Waste Water Supply Contract.
5.2 Unless otherwise agreed, we shall be entitled to change the charges for the Services from time to time. We shall change the charges for the Services by publishing a new Charging Statement, in advance of the changes taking effect, on our website at www.intelligentbusinesswater.co.uk. The changes shall take effect from the effective date stated in the new Charging Statement.
5.3 We may recover our reasonable costs and losses which relate to any breach of the Contract, including costs and losses in connection with or resulting from:
5.3.1 recovering unpaid charges or any change to payment methods, if you have agreed to pay the charges for the Services by direct debit; or
5.3.2 us or Scottish Water attending the Property in connection with a breach of the Contract, including if you fail to keep to an agreed appointment or fail to allow access to a Property; or
5.3.3 correcting the unauthorised removal of, obstruction of, damage to, tampering with or the fitting of devices to a meter or metering equipment; or
5.3.4 a leak in the supply to the Property (irrespective of whether such leak occurs inside or outside the Property) unless and until a leak allowance is granted by Scottish Water (in its sole and unfettered discretion).
5.4 All charges will have applicable taxes or duties charged on them, including VAT at the current rate.
5.5 For the recovery of lost charges in relation to metering equipment, we will be permitted to assess the amount of charges lost during the period of damage by referring to the most recent average daily use before the meter stopped recording usage accurately.
5.6 If a leak allowance is granted by Scottish Water, we shall refund those charges paid which have been paid as part of the leak allowance payment.
5.7 We accept no liability for your failure to secure any payment exemptions for which you are eligible, and the award of any such payment exemptions shall have no retrospective effect on charges paid or payable.

6. Payment
6.1 You shall pay us the charges for the Services in accordance with the Charging Statement and the Water and Waste Water Supply Contract, and any other amounts properly due in connection with the Contract.
6.2 We may issue a bill or adjust any bill already issued:
6.2.1 if there is a reassessment of the rateable value of a Property resulting from any change of use, extension or addition to that Property, which change impacts on the charges for the Services; or
6.2.2 if information relating to the Trade Effluent consent is retrospectively applied as set out in the Charging Statement, in which case the bill may be backdated to the date of any reassessment of rateable value, to the date on which you first occupied the Property (as applicable) or to such date as mandated by the Charges Scheme applicable to the relevant Wholesaler.
6.3 We shall issue each bill either in the post or electronically, which shall constitute receipt.
6.4 If you dispute all or part of a bill based on whether particular Services referred to in the bill are being provided in whole or in part, we will instruct Scottish Water to verify whether such disputed Services are or are not being provided. If the Services are verified as being provided then we may recover the verification costs which it has to pay Scottish Water.
6.5 We can charge interest at the rate of 8% a year above the Bank of England base rate for the period from the date 10 days after the date until payment. You agree to reimburse and indemnify us for all expenses and costs, including all legal and professional fees, incurred by us as a result of your failure to pay the Charges and any fees or charges when due.
6.6 If you have agreed to pay the charges for the Services by direct debit, we may change without notice the amount payable pursuant to the Contract. The failure of any payment due under the Contract by direct debit (for any reason) shall not affect your liability to make that payment through other means.

7. Refundable deposit
7.1 At any time, we may request the payment of a refundable deposit for such amount as specified in our notice. When requested the amount of the refundable deposit shall be immediately due and payable.
7.2 A request for a refundable deposit shall be accompanied by a statement as to the purpose for which it will held and used and any such other relevant information as determined from time to time.
7.3 We may use the refundable deposit to pay any charges or other amounts due pursuant to the Contract, but otherwise shall hold use and repay the refundable deposit in accordance with the statement provided.

8. Meters
8.1 You authorise us to make the metering arrangements as necessary in connection with the Services, including installing, maintaining, testing, repairing, replacing, removing, disconnecting and reconnecting meters and metering equipment at the Property.
8.2 You shall, at your own cost, procure the approval of any third party needed to allow us to make any arrangements and shall provide evidence of such on request.
8.3 Unless agreed otherwise in writing, ownership of the meter and metering equipment will remain our property.
8.4 You shall not remove the meter or the metering equipment and must take reasonable care to keep the meter and metering equipment free from obstruction or damage (including damage by frost) and interference.

9. Access
9.1 At all reasonable times, you must allow us safe and unobstructed access to the Property, including access to the meter, metering equipment and associated pipework to:
9.1.1 do anything in connection with a meter, metering equipment and associated pipework, including reading, inspecting, testing, repairing, exchanging, installing, disconnecting, removing or reconnecting a meter, metering equipment or associated pipework;
9.1.2 disconnect the supply;
9.1.3 disconnect the supply of another customer with whom you share that supply;
9.1.4 disconnect and/or uplift (as appropriate) the meter or other equipment owned by us;
9.1.5 inspect or test a meter or connection not owned or provided by us;
9.1.6 allow us to adhere to the Market Regulations;
9.1.7 sample water quality; or
9.1.8 sample or monitor trade effluent.
9.2 We shall have access for the purposes described in Condition 9.1 at any time if:
9.2.1 there is danger to life, health or property in connection with the supply; or
9.2.2 access is needed/allowed by law.
9.3 The access rights granted may be exercised by us and/or by Scottish Water, and include access for their employees, contractors or representatives.
9.4 If the access required by the Contract is denied, we may seek a court order to allow access (or may instruct Scottish Water so to do) and we may recover all reasonable costs associated with applying for and obtaining such.

10. Disconnections and reconnections
10.1 We may temporarily disconnect a supply of water services and/or waste water services to a Property:
10.1.1 you do not pay an amount payable in accordance with the Contract;
10.1.2 you do not allow us access to a water meter; or
10.1.3 you request the temporary disconnection.
10.2 Prior to temporary disconnection of the Services to a Property, we shall issue a warning notice.
10.3 If we temporarily disconnect a supply of Services, we shall charge the appropriate disconnection charge as set out in the Charging Statement.
10.4 We may permanently disconnect the supply to a Property if:
10.4.1 you illegally use the Services (if the illegal use is of water services, the supply of water services will be disconnected and if the illegal use is of waste water services, the supply of waste water services will be disconnected);
10.4.2 you request such permanent disconnection; or
10.4.3 you have been disconnected on a temporary basis (whether water or waste water services) for three months or more.
10.5 You shall indemnify us for any costs incurred in undertaking a permanent disconnection at your Property.
10.6 If we disconnect a supply of Services to a Property on a temporary basis, and you request reconnection and have paid in advance the appropriate reconnection fee, then we will reconnect if the breach which effected the disconnection has been remedied;
10.7 If we permanently disconnect a Property you will need to apply for a new connection, and we will not re-connect pursuant to this Contract.
10.8 If following a temporary disconnection you without appropriate authority procure or allow a physical reconnection to be conducted then you shall be liable for the charges for all of the Services used following that connection as set out in the Charging Statement.

11. Termination
11.1 This Contract can only be terminated in accordance with this Condition 11.
11.2 If we disconnect a Property permanently the Contract as it relates to that Property will cease to apply at the date of disconnection;
11.3 Subject to Clause 11.7, you may terminate this Contract for any Property by giving us 20 Business Days’ notice, and such notice shall provide whether such termination shall apply for the supply of water service, waste water services or both.
11.4 We may terminate this Contract in relation to a Property if an administrator, administrative receiver, nominee, supervisor of a voluntary arrangement, liquidator, provisional liquidator, trustee in bankruptcy, interim trustee in bankruptcy, trustee appointed by trust deed, judicial factor or other similar officeholder is appointed to you or over all or any of your assets or equivalent in another jurisdiction.
11.5 We may terminate this Contract in relation to a Property if the Property becomes a Household.
11.6 We may terminate this Contract if we ask for a refundable deposit and it is not provided.
11.7 The Parties acknowledge and agree that you may not terminate this Contract and/or switch retail water supplier if, at the date of purported termination, you have any unpaid invoices 90 days or more prior to the purported date of termination.

12. Consequences of termination
12.1 Termination of the Contract shall have no effect on the accrued rights and those Conditions which expressly or impliedly have effect after termination will continue in full force and effect.
12.2 If this Contract ends for any reason, or if you have submitted an application to switch to another licenced supplier, all amounts due to us under this Contract will become immediately due and payable.
12.3 If following the settlement of all amounts due there remains any part of a refundable deposit, such amount shall be repaid.
12.4 If the Contract terminates in relation to part of the Services, the Contract shall continue to apply in respect of those parts of the Services which are not terminated.
12.5 If a notice of termination of the Contract (in whole or part) is served, we may ask you to provide a final meter reading.
12.6 If you do not provide an accurate final meter reading you may be liable for the difference between the meter reading upon which the final bill was based, or the final estimated bill, and the next meter reading.
12.7 You may end this Contract during the Cooling Off Period (14 days from the Contract start date) with no termination charge.
12.8 If you are in your fixed term or renewal period and this Contract is terminated under clause 12.2 then you agree to pay us a sum equal to the total amount that would have been payable for the Services supplied to you if they had been supplied under the default tariff since the start of the fixed term or renewal period, as the case may be, minus the price you have paid for the Service under the Tariff. You agree that this payment represents a fair and reasonable estimate of the losses, costs, and expenses, which we will suffer in the event that the Contract is terminated.
12.9 If you cease to trade and wish to terminate this Contract, you will not be liable for a termination fee under clause 12.8 if you provide satisfactory evidence that you have ceased to trade, which may include the withdrawal of the property from the register and providing us with the replacement council tax reference number.

13. Personal information
13.1 In providing the Services, we shall:
13.1.1 comply with all applicable data protection laws; and
13.1.2 process any personal data in accordance with the privacy statement as may be amended from time to time, a current copy of which can be found at www.intelligentbusinesswater.co.uk/privacy-policy (“Privacy Statement”).
13.2 We will use personal data provided:
13.2.1 in order to supply the Services;
13.2.2 in order to process payments for the Services. And
13.2.3 for any other purpose or use to which you consent to from time to time, in accordance with Condition 13.1.

14. Notices
14.1 Where any notice or other communication is to be made under this Contract, it must be in writing and marked for the attention of the person or persons notified for that purpose.
14.2 A notice shall be treated as having been received:
14.2.1 if delivered by hand (including courier), when so delivered;
14.2.2 if sent by first class pre-paid post, guaranteed next day delivery, post with delivery confirmation or receipt (for example, special delivery): and posted on a Business Day, the later of actual receipt and 9am on the Business Day after posting; and and not posted on a Business Day, the later of actual receipt and 9am on the second Business Day after posting;
14.2.3 if sent by email or any other electronic means during a Business Day, it is received on that Business Day; and
14.2.4 if sent by email or any other electronic means outside of a Business Day it is received the following Business Day.
14.3 In proving that notice has been given, it shall be conclusive evidence to demonstrate that delivery was made, or that the envelope containing the notice was properly addressed and posted (as the case may be).

15. Change
15.1 We may notify you of a change to these Standard Terms and Conditions, and such changes will apply from the date of such notice.
15.2 You agree that if you continue to receive the Services after the date of notice served in accordance with Condition 15.1, you will be deemed to have accepted the revised Standard Terms and Conditions.

16. Liability
16.1 If we fail to meet the Service Standards in delivery of the Services, we shall be liable to you for compensation payable in accordance with the Service Standards.
16.2 Except as set out in the Service Standards, and subject to Condition 16.4, we shall not be liable for any loss of revenue, loss of profit, loss of contract, business interruption, depletion of goodwill and/or similar losses, loss of anticipated savings, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, infringement of any third party’s intellectual property rights, any faults in a meter or metering equipment which we not own or have not provided, or for any resulting loss, cost, damage or injury, any faults in a meter or metering equipment resulting from you fitting any device to or tampering with any meter or metering equipment, or any loss, cost, damage or injury resulting from installing a meter or metering equipment, unless the meter or metering equipment is installed by us, however it is caused, even if it could have reasonably been foreseen, and whether it is caused by our negligence or not.
16.3 Our total liability in contract, delict (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Contract or the use of the Services will in all circumstances not exceed the amount of £50,000 for each incident or series of related incidents.
16.4 Nothing in this Contract excludes or limits for our liability for death or personal injury resulting from its negligence or that of any of its officers, employees or agents or for fraudulent misrepresentation.
16.5 Except as set out in the Service Standards, the maximum liability for loss or damage caused to for any act or failure to act by Scottish Water is the amount (if any) we are entitled to recover from Scottish Water.
16.6 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract.

17. General
17.1 The failure of either Party to insist upon strict performance of any provision of this Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established by this Contract. No waiver shall be effective unless it is expressly stated to be a waiver in a notice to the other Party.
17.2 Each Party shall do and procure to be done any further acts and things and will sign and procure to be signed any other documents as the other Party may reasonably require for the purposes of giving that Party the full benefit of the provisions of this Contract. The cost of all actions and steps taken pursuant to this Condition 17.2 will be borne by the Party requiring them to be done.
17.3 If at any time any provision of this Contract is or becomes invalid or illegal in any respect, such provision shall be deemed to be severed from this Contract, but the validity, legality and enforceability of the remaining provisions of this Contract shall not be affected or impaired thereby.
17.4 You may not transfer any of your rights or responsibilities under this Contract to another person without our prior written permission.
17.5 We may transfer any of its rights or responsibilities to another appropriately licenced supplier.

18. Law and Jurisdiction
18.1 This Contract shall be governed by and construed in all respects in accordance with the laws of Scotland and the Parties agree to submit to the exclusive jurisdiction of the Scottish courts. To the extent permitted by law Parties agree to the non-exclusive jurisdiction of Edinburgh Sheriff Court.