Terms & Conditions
Electricity Terms and Conditions for Pinergy Smart Business effective from 2nd March 2026
We would ask that You note in particular Condition 3 (Change of supplier); 7.5 (Price of Electricity); 8.5 & 8.6 (Payment of Accounts) and also Our Supplemental Terms and Conditions.
These are Our standard conditions, as a commercial customer You will be deemed to have accepted these conditions and be bound by them from the Start Date.
Definitions
In these conditions, the words below have the following meanings.
“Us” “We” or “Our” means New Measured Power Limited, a private limited liability company incorporated under the laws of Ireland (registered number 512606 and trading as Pinergy), licensed as an energy supplier. “You” “Your” or “Yourself” means the corporate entity, partnership or sole trader which has entered into this Agreement.
“Agreement” means the contract for the supply of electricity by Us to You, which consists of:
Your Price Plan; and
- any Special Terms;
- any other parts of your Commercial Supply Agreement Form, including any applicable supplemental terms and conditions;
- these Conditions;
- any other documents or terms referenced in this Agreement or notified to You in writing by Us as part of this Agreement.
If there is any conflict between these items, the order of precedence shall be as set out in the list above (where an item takes precedence over an item that follows it in the list).
“Conditions” means the standard terms and conditions of supply set out in this document.
“Assignment” means Our entitlement as an electricity supplier to transfer any of Our rights or obligations under this Agreement to a third party.
“Charges” means the amount(s) payable by You to Us for: (a) the supply of electricity by Us; (b) any costs or expenses reasonably incurred by Us in connection with the supply of electricity; and (c) any Pass Through Charges.
“Commercial Supply Agreement Form” means the parts of this document that precede these Conditions.
“Commission” means the Commission for Regulation of Utilities, the regulator for the supply of electricity, natural gas and water in Ireland.
“Connection Agreement” means an agreement with the DSO under which Your Premises is connected to the electricity distribution system, subject to the terms of that agreement.
“Customer Account” means any account with Us held in Your name for the purposes of the supply of electricity, gas or any other product or service.
“Deemed Contract” means a legally enforceable agreement considered to have been made between Us and the owner or occupier of the relevant Premises. A Deemed Contract arises because the owner or occupier (after receiving notice from Us and where the premises continue to be supplied with electricity by Us) did not inform Us that he or she continued to use the electricity supplied to the Premises concerned after the previous contract for supply to the had expired, or was not cancelled when a previous owner or occupier vacated the Premises or the new owner or occupier did not enter into a new contract of supply.
“DSO” means the Distribution System Operator, ESB Networks DAC.
“Electricity Bill” means the periodic invoice issued by Us to You requesting payment for (among other things) electricity supplied under this Agreement.
“Equipment” means all the equipment supplied by Us and used in relation to the supply of electricity to the Premises, together with the other equipment.
“ESBN Meter” means the electricity meter installed by the DSO for the purpose of measuring the quantity of electricity used by You on the Premises and includes any such meter(s) of any type supplied to You at any time at the Premises.
“EURIBOR” means the 3-month Euro Inter Bank Offered Rate.
“Fixed Price” means a price per unit of electricity, that is offered and/or accepted (as applicable) pursuant to this Agreement.
“Installation Charge” means the fee (where appropriate) for the Installation Service as set out in the Supplemental Terms and Conditions.
“Installation Service” means the installation of the Smart Meter and Meter Display at the Premises, as described in Condition 2.
“Licence” means the licence to supply electricity granted to Us by the Commission.
“Maximum Import Capacity” or “MIC” means the maximum amount of electricity, expressed in kiloVoltAmps (kVA) that will be supplied to You at the Point of Supply.
“Meter Display” means the on-premises display unit provided by Us in connection with a Smart Meter, enabling You to view electricity usage data.
“MRSO” means Meter Registration System Operator, a “ring fenced” function within ESB Networks who are responsible for the change of supplier process in the competitive electricity market.
“Pass Through Charges” means any third-party costs, charges, tax, duty, tariff or any government or regulator approved imposed charge relating to the supply and distribution of energy to the Point of Supply including, without limitation, transport, distribution use of system charges, VAT and any other applicable charge as required by law or regulation.
“Point of Supply” means the point shown in the Connection Agreement, or in an application to supply at a specific point, where energy may flow between the local electricity distribution system and Your installation.
“Premises” means the premises specified in the application for electricity supply completed by You or such other premises as may be notified by You to Us and accepted by Us from time to time.
“Price Plan” means Our list of current prices and the pricing structure applicable to each, including to the extent set out in the Commercial Supply Agreement Form.
“Register/Registration” means the registering by MRSO of You as a customer.
“Security” means any deposit of money paid in advance or other form of security provided by You to Use to secure Your obligations under this Agreement.
“Siteworks” means any works carried out by the DSO in relation to Your electricity supply and any other piece of work as set out in the DSO’s Siteworks charges including, but not limited to, the provision, installation, repair, maintenance, withdrawal or reinstatement of electricity supply or the ESBN Meter or equipment used in supplying electricity to Your Premises.
“Smart Meter” means any equipment that is provided to You by Us, which includes advanced energy management features (including half-hourly usage data recording capability) and contains a mobile SIM card, allowing Us to communicate directly with the ESBN Meter (provided there is adequate mobile network coverage).
“Start Date” means the commencement date for this Agreement, as determined under Condition 1.4 and as per the Commercial Supply Agreement Form.
“Website” means www.pinergy.ie, or any replacement website located at a URL designated by Us from time to time.
References in the Conditions to a document shall be references to such document as amended or replaced from time to time.
1.Sale and Supply of Electricity
1.1 We will sell and supply electricity to You at the Premises subject to these Conditions until the Agreement is ended by either You or Us in accordance with Conditions 10 and 11.
1.2 It is a condition of electricity supply that You have and maintain a Connection Agreement with the DSO and comply with its conditions. Please read the DSO conditions for connecting You to the electricity distribution system, which You can get from the DSO website at www.esbnetworks.ie. If You have taken over the supply to premises that were previously supplied in the name of another customer and You do not have a Connection Agreement for the premises, the DSO will consider that the previous customer’s Maximum Import Capacity and Connection Agreement apply to You. You will not have to enter into a new Connection Agreement, but You must comply with all the conditions of the previous customer’s Connection Agreement. If You prefer to have a Connection Agreement in Your own name, You should contact the DSO at www.esbnetworks.ie.
1.3 All necessary equipment, including where appropriate, the Smart Meter and the Meter Display, has been installed.
1.4 This Agreement shall commence on the date of this Agreement.
1.5 You must give Us all the information We reasonably require about the Premises, and all other details which We ask for to determine the appropriate account or Price Plan You need.
1.6 You must provide Us with Your contact details (e.g. a landline or mobile number) and We may use these details to contact You in relation to Your account.
1.7 All the information You give Us must be complete, truthful and accurate. You must tell Us about any changes to the information as soon as possible.
1.8 We will use reasonable efforts to process Your application so that the electricity account is set up by the date requested by You, provided that You have met all of Our financial and other applicable requirements.
1.9 Characteristics of the supply will be in line with the Connection Agreement and these Conditions. You should check Your specific requirements with Your electrical contractor. You are responsible for choosing the appropriate MIC.
1.10 You cannot extend Your supply for someone else to use. We will consider any such third party to be a separate customer.
1.11 We accept no responsibility for the adequacy, safety, or other characteristics of Your electrical installation.
1.12 The initial term of this Agreement will commence at the Start Date and shall run for the period set out in the Commercial Agreement Supply Form.
1.13 Each term, and this Agreement, shall automatically renew for a subsequent period of twelve (12) months unless You give Us a written notice of termination at least thirty (30) days prior to the end date of the current term.
1.14 The expected end date of the current term of this Agreement will be displayed on Your Electricity Bill or statement.
2. Smart Meter and Meter Display
2.1 The Smart Meter together with the ESBN Meter will record Your electricity consumption and levy the appropriate Charges for the consumption based on the Tariffs in accordance with Conditions 7 and 8.
2.2 We will perform the Installation Service at the Premises at a time agreed with You and in accordance with Condition 5.
2.3 The Smart Meter and Meter Display unit will at all times remain Our property and You will have no rights or interest in them.
2.4 You are responsible for maintaining the Smart Meter and Meter Display in good condition and ensuring they are not damaged, tampered with, or interfered with in any way You shall promptly notify Us of any damage, malfunction or other issue affecting the Smart Meter or Meter Display.
2.5 In the event of any such damage, tampering, or interference (whether caused by You or third parties acting on Your behalf), You shall be liable for any reasonable costs incurred by Us in repairing or replacing the affected equipment and for any losses we incur as a direct result.
3. Change of Supplier
3.1 We may perform a credit check on Your account(s) with Your current supplier at the point of registration.
3.2 You will provide us with a ESBN Meter reading for the Start Date or allow Our installers or the DSO to obtain an actual ESBN Meter reading at the Premises. Estimated reads may not be accurate due to the absence of historic usage information, which may impact billing, and We may not process a change of supplier request based on estimated reads.
3.3 Customers will not be charged for changing supplier. (For the avoidance of doubt, an exit charge will be applied for early termination of a contract).
3.4 Based on the information You provided to Us, We will contact the DSO and request the change of supplier on Your behalf.
3.5 When Your request to switch is processed, Your current supplier will notify us if You are in arrears for more than the levels set for all customers by the Commission. If We decide not to carry out the switch because of arrears, We will notify You in writing.
3.6 Once the change of supplier is complete, the DSO will advise Us and Your old supplier of the switch completion. You will receive from Us the confirmation of the successful switch and the onboarding pack with details of Your account. However, You are still liable for the electricity supplied by Your previous supplier until the date the switch takes place and you may receive a final Electricity Bill or statement from them.
3.7 If You are Our customer and You wish to change to another energy supplier while having arrears greater than the level set by the Commission, a debt flag will be generated on Your account. This debt flag will inform the acquiring supplier that You have arrears greater than the levels set by the Commission.
4. Metering and Billing
4.1 The electricity supply will be measured by metering equipment that will be installed, maintained and read by the DSO (or its authorised agents and contractors) in line with the terms of the Connection Agreement.
4.2 We will electronically provide You with details of Your energy consumption, in the form of Electricity Bills or statements, free of charge, which will include charges for services that We have agreed to supply to You and will include VAT and any other taxes or charges that may apply.
4.3 If we or You discover that any meter reading has been inaccurate, omitted, or the readings have been incorrectly converted into charges, We will make the necessary adjustments to Your account. Any amounts owed by either party as a result of such adjustments will be paid or credited in the next billing period following the discovery. If, for any reason, the DSO has not been able to get meter readings, We reserve the right to use estimated readings.
4.4 In the event that we mutually agree to utilise a Smart Meter to measure and bill any or all of your electricity consumption, the ESBN Meter will be deemed the meter of record and consumption measured by it will be deemed to be the correct consumption in any billing period.
5. Access and Siteworks
5.1 All equipment and installations from the distribution network, up to and including the ESBN Meter belong to the DSO and must be used in accordance with the DSO’s instructions and terms and conditions. We have no responsibility for maintaining the ESBN Meter or any DSO-owned metering equipment.
5.2 You agree to be bound by any conditions applicable to You under the DSO’s terms and conditions, or as notified to You by us acting on behalf of the DSO regarding Your electricity supply and any related matters. These are available from their website at www.esbnetworks.ie, by phoning ESB Networks at 1800 372 757 or by email at esbnetworks@esb.ie.
5.3 You are responsible at all times for having due care towards the ESBN Meter. You will not interfere with, damage, tamper with or allow any interference with the ESBN Meter, whether for repairs or for any other purpose, without the DSO’s consent, and shall notify the DSO and/or Us promptly of any defect in the ESBN Meter or if any alteration or other attention is required.
5.4 You may request the DSO to carry out Siteworks at the premises in accordance with the terms of this Agreement.
5.5 The DSO (and when appropriate, We) will inform You of Siteworks cost and payment terms at the time You submit a request for Siteworks.
5.6 We may request that Siteworks be carried out at the Premises, such as servicing of the ESBN Meter, withdrawal or reinstatement of electricity supply, and You shall provide such cooperation and access as is necessary to allow Siteworks to proceed.
5.7 You must allow the DSO’s authorised personnel, agents or contractors entry to the Premises for the purposes of reading, inspecting, withdrawal or reinstatement of supply, removing the ESBN Meter(s) or other equipment and for all other purposes in connection with providing electricity. Such entry is to be permitted at all reasonable times, and at any time in case of any emergency or network emergency.
5.8 You must also allow Us and/or Our authorised agents reasonable access to the Premises for any purposes necessary to fulfil Our obligations under this Agreement.
6. Security
6.1 We reserve the right to, at any time and at our sole discretion, require that You provide Security, which may be in the form of a deposit or other form of Security that we shall (in our discretion) determine. In this case, You shall provide such Security to Us within 10 business days following Our request that You do so.
6.2 Any Security provided in the form of a cash deposit will be repaid to You when You close Your account provided all sums due have been paid in full, or after a certain period (not more than twelve (12) months) provided You have satisfied Our payment terms on a continuous basis, whichever occurs earlier. We may at any time, including in the event of breach of this Agreement by You, apply the Security (or any part of it) in or towards payment of any amounts due to Us under this Agreement.
6.3 You shall provide to Us any personal information that We request for credit assessment purposes.
6.4 You acknowledge that this Security, where provided in the form of a cash deposit, does not constitute an interest-bearing deposit, and We shall not be obliged to make any payment of interest to You in respect of Our holding or application of such Security.
7. Price of Electricity
7.1 Our Price Plans are displayed on Your Electricity Bill or statement or may be obtained by contacting Us in accordance with the details provided in Condition 17.
7.2 From time to time, We may (at Our sole discretion) offer to You special Price Plans and/or Fixed Prices for a duration and/or electricity volume determined by Us in our total discretion. Each such offer shall remain open for acceptance by You for a validity period as may be specified in the offer itself.
7.3 You may accept an offer made by Us pursuant to Condition 7.2 by such a method as may be specified in the offer itself, and in the absence of any specified method, acceptance may be validly communicated by email to the address from which the offer was sent. All such offers are made subject to availability and may be withdrawn or become unavailable at any time within that period, at Our sole discretion. If Your acceptance is received after the offer has been withdrawn or is otherwise no longer available, We reserve the right not to proceed on the basis of that offer. In such cases, unless otherwise agreed, your pricing basis will return to that which applied prior to our offer.
7.4 We are entitled to change the price of electricity at any time, in accordance with this Agreement. We will inform You in writing or by e-mail at least fourteen (14) days in advance of any change coming into effect. We may also publish the price change in any national daily newspaper and/ or update Our website. Any such notice or advertisement will state the date on which the price change is effective. If the price change communicated by Us is not acceptable to You, You may end the Agreement in accordance with Condition 11.1 (the unvaried Conditions applying during the fourteen (14) days’ notice period), otherwise You will be deemed to have accepted the new price.
7.5 In the event that You selected the incorrect Price Plan or Fixed Price, We will not be held liable for this or any charges that arise due to Your incorrect selection. Furthermore, where We agree a monthly payment value with You based on detail You have provided to us, You agree to a quarterly adjustment to this value based on Your actual consumption data.
7.6 We reserve the right to move You to Our standard Price Plan if You breach any terms and conditions of the applicable Price Plan or this Agreement generally.
7.7 We may vary the applicable Price Plan or any applicable Fixed Price:
(a) to reflect any variation in any element of the cost to Us of providing the supply of electricity that are not within Our reasonable control, including but not limited to:
(i) any variation in the use of system charges or transportation charges made by the DSO;
(ii) abnormal or excessive costs incurred in ESBN Meter reading;
(iii) variation in the cost of energy not within Our reasonable control; or
(iv) Any Pass Through Charges
(b) if any of the registration details of any Point of Supply materially differs from that specified in the contract;
(c ) if You add or remove Points of Supply; or
(d) to reflect any change in law, regulation, tax, duty or levy imposed by any governmental or regulatory body (including the Commission or any successor body).
7.8 We reserve the right to correct any errors or omissions in pricing at any time and will notify You accordingly.
7.9 If You accept a Fixed Price offer under this Agreement:
(a) if Your consumption of electricity during the applicable period or at the applicable Meter varies materially from historical consumption (whether above or below), we reserve the right to apply an adjustment charge to reflect any additional costs or losses incurred by Us as a result of this variance; and
(b) such adjustment charge shall be calculated based on the volume variance and the prevailing market price (retail, wholesale or a blend, as per Our discretion) applicable at the time.
8. Payment of Accounts
8.1 You must pay Us the cost of the electricity consumed at the Premises, or for any consumption based on an estimated ESBN Meter reading during the billing period (plus VAT), and any other taxes or charges which may be applicable to the Price Plan and/or Fixed Price that You have chosen.
8.2 If stipulated in Your Price Plan, You will pay us the agreed amount a month in advance of Your consumption unless stated otherwise.
8.3 You must also pay Us for charges which are specified on the statement for other services that We have agreed to provide to You.
8.4 You must pay Us for any Siteworks requested by You or Us to be carried out at Your Premises and for which We have been charged by the DSO.
8.5 You must pay any sums outstanding according to the specific payment conditions of Your Price Plan. If You pay us by direct debit, We reserve the right to change the date or value of the direct debit collection, and may do so without advance notice to You.
8.6 If a direct debit payment is returned unpaid or fails, We may charge You an administration fee to cover the costs incurred by Us.
8.7 All sums due to Us under the Agreement must be paid without deduction or set-off. If You do not pay Us any sum due under the Agreement, You may be liable to pay Us interest from the due date at a rate equal to four percent (4%) above EURIBOR, accruing on a daily basis until payment is made in full.
8.8 If You have an account with Us at another Premise, You acknowledge and agree that We may transfer any credit or debit between Your accounts in order to recover any money You owe Us.
8.9 Even during periods of no consumption, whether the ESBN Meter is energised or deenergised, standing charges will still apply to Your account.
8.10 Further information on billing and payment options can be found in Our Codes of Practice.
8.11 We may suspend supply or terminate this Agreement if You fail to pay, on or before the date set out by Us, any undisputed amount that has fallen due for payment.
8.12 We reserve the right to recover from You all reasonable costs, charges, legal fees and expenses (including debt recovery agency fees) incurred in the collection of overdue amounts payable under this Agreement.
8.13 In the event of Your insolvency, bankruptcy, or if You are subject to any equivalent process (including examinership or liquidation), all outstanding amounts under this Agreement shall become immediately due and payable, and We shall be entitled to apply any Security in or towards satisfaction of those amounts.
9. Our Liability
9.1 In Our role as Your supplier, We will not be liable to You for any loss or damage arising directly or indirectly out of or in connection with any failure, interruption, variation, suspension or defect in the electricity supply, or from any act or omission of the DSO or any third party, or from the operation or failure of any equipment (including without limitation the ESBN Meter, Smart Meter, Meter Display or other equipment used to supply electricity at the Premises), except where such loss or damage results directly from Our own negligence or wilful misconduct.
9.2 Nothing in this Agreement will exclude or restrict either party’s liability for death or personal injury resulting from its negligence.
9.3 We will not be liable to You under this Agreement in contract, tort (including negligence) or otherwise for any indirect, special or consequential loss or damage, including (without limitation) loss of revenue, business, contracts, predicted savings, goodwill, or profits.
9.4 Subject to the other provisions of this Condition 9, Our liability shall be limited in aggregate to the total amount of charges and other payments We received from You for the electricity supply in the twelve (12) months immediately preceding the event giving rise to such liability.
9.5 We shall not be liable for any failure or delay in performing Our obligations under this Agreement to the extent that such failure or delay is caused by an event of Force Majeure, as described in Condition 22.
9.6 Nothing in this Agreement shall limit or exclude Our liability in a manner prohibited by any applicable law or the terms of Our Licence.
9.7 You shall remain responsible for ensuring that the electrical installation at Your Premises complies with all applicable legal and safety requirements, and We shall not be liable for any loss or damage caused by any defect or fault in such installation.
9.8 We shall not be liable for any loss or damage arising from:
(a) Your failure to take reasonable care of the ESBN Meter, Smart Meter, Meter Display or any other equipment used at the Premises;
(b) any interference, damage or tampering with such equipment by You or by any third party at the Premises; or
(c ) Your failure to notify Us or the DSO of any defect, damage or visible fault in such equipment.
10. Your Right to End the Agreement
10.1 If You are moving Premises and/ or no longer wish to keep Your electricity account open, You must give Us thirty (30) calendar days’ notice in advance of Your leaving the Premises (or as otherwise agreed by Us) by writing to Us (in accordance with Condition 17) and pay the full amount due for all electricity used up to the effective date of such termination together with any other amounts payable under Your Price Plan, this Agreement or for any additional services.
10.2 Early termination fees may apply in accordance with this Agreement. You will remain liable for any electricity used in the Premises until such time as:
(a) this notice has been properly given and the notice period has expired; and
(b) You have provided Us with a final ESBN Meter reading; or You have given access to the DSO to read the ESBN Meter.
10.3 If You terminate this Agreement before the expiry of the agreed fixed term (other than in accordance with Condition 1.13 or 11.1(i)), You shall be liable to pay Us an early termination fee which is available at https://pinergy.ie/customer-information/early-exit-charges/..
This early termination fee represents a genuine pre-estimate of the loss and administrative costs We will incur as a result of early termination and both parties acknowledge and accept that early termination fee is not a penalty.
You will also be required to pay any outstanding amounts owed on your account in addition to the termination fee.
10.4 If, during the term for which any Fixed Price has been agreed to apply, either (i) You terminate this Agreement (other than in accordance with Condition 1.13 or 11.10), or (ii) We terminate this Agreement due to Your breach or default, You shall be liable to pay Us:
(a) any costs, expenses or losses reasonably incurred by Us in unwinding or terminating any hedging or trading positions entered into by Us in connection with this Agreement; and
(b) any other costs or liabilities arising as a result of such early termination.
Such costs shall be in addition to, and not in substitution for, any early termination fees payable under Clause 10.3.
10.5 In the event that You do not meet the requirements of Condition 10.1 and/or 10.2, You may remain liable for any electricity used until supply is withdrawn or a new account is opened at the Premises.
10.6 The ending of the Agreement will not affect any rights, obligations or liabilities which have accrued to either party before the Agreement ends.
10.7 Where the supply of electricity is withdrawn due to Your default, You will pay Us all expenses reasonably incurred and the cost of supply withdrawal and of subsequent reconnection, if any, in line with regulated charges and codes of practice.
10.8 No early termination fee shall apply where You terminate this Agreement on the expected end date of the current term and give Us the written notice in accordance with Condition 1.13.
11. Our Right to Withdraw Supply and End the Agreement
11.1 We retain the right to remotely de-energise the Smart Meter in the event of non-payment. We will make all reasonable efforts to contact You before taking this action. Provided we have followed Our procedures set out in Our Codes of Practice, We may request the DSO to withdraw Your electricity supply if:
(a) You fail to pay any amount due for the electricity supplied or any other amount under this Agreement.
(b) Your installation or use of electricity interferes with the distribution system or disturbs other customers.
(c ) You extend the supply to someone else whom We consider to be a separate customer.
(d) You do not meet Your obligations under these Conditions or the Connection Agreement, and fail to put things right within a reasonable period after notice.
(e ) You have used electricity without permission or committed theft of electricity.
(f) You become insolvent, have a receiver, liquidator or examiner appointed, enter into any insolvency process, or enter into an arrangement with Your creditors.
(g) We are required to do so by law.
(h) Your Connection Agreement ends or is terminated for any reason.
(i) It is no longer practical to supply electricity for reasons outside Our control.
(j) You have asked Us to.
(k) Required by the Commission or any other competent authority.
(l) An event of Force Majeure (Condition 22) prevents Us from supplying electricity to You for a continuous period of thirty (30) days or more.
(m) Our licence to supply electricity is revoked or terminated for any reason, this Agreement shall automatically terminate.
12. Complaints
You may make a complaint in relation to any issue arising under the Agreement by contacting Our Customer Complaints Team:
By Phone: 0818 363 749
By Post: Pinergy, Suite 1, Beaver House, Beach Hill Office Campus, Clonskeagh Dublin 4, D04 Y8X5, Ireland
By Email: customerservices@pinergy.ie Website: www.pinergy.ie
Should You need further information about this subject, Our Code of Practice on Complaint Handling is available on Our website at https://pinergy.ie/ terms-conditions/code-of-practice-non-household.
13. Variation of General Conditions
We may amend, vary or add to these Conditions at any time on giving You fourteen (14) days’ notice. This notice will indicate where You may view or obtain a copy of the new Conditions. If any variation, addition or amendment is unacceptable to You, You may end the Agreement in accordance with Condition 10.1 (the unvaried Conditions applying during the fourteen (14) days’ notice period), otherwise You will be deemed to have accepted the new Conditions.
14. Deemed Contracts
14.1 These terms are applicable where a Deemed Contract is in place.
14.2 A Deemed Contract will be in place where a Premise is no longer subject to a contract for supply of electricity by Us and is connected to a supply under a Deemed Contract.
14.3 A Deemed Contract will commence on the date You begin taking supply of electricity from Us at the Premises.
14.4 The Deemed Contract will constitute an agreement for the supply of electricity from Us at the Premises.
14.5 Customers supplied under a Deemed Contract are free to enter into a contract of supply with Us or with another supplier.
14.6 Where a Deemed Contract is in place, it will continue until You Register and enter into a new contract with Us or You enter into a contract with another provider.
14.7 Under a Deemed Contract, You will be charged Our standard rates and You are responsible for the payment for all electricity supplied under the Deemed Contract.
14.8 Under a Deemed Contract, We will issue Electricity Bills or statements based on actual or estimated meter readings which You are liable to pay in full.
14.9 Where a Premise is no longer subject to a contract of supply with Us and is being supplied under a Deemed Contract, it will be at risk of disconnection.
14.10 If You do not pay amounts due under a Deemed Contract, We may take steps to recover those amounts, and You may be liable for Our reasonable costs of debt recovery (including legal costs).
14.11 A Deemed Contract is governed by these Conditions and by any applicable licence requirements, codes, and regulations imposed by the Commission or any other competent authority.
15. Assignment
15.1 You may not assign Your rights or obligations under this Agreement without Our prior written consent.
15.2 We may, without Your consent, assign or transfer all or any part of Our rights and/or subcontract any of Our obligations under this Agreement to a party that holds the necessary authorisation(s).
15.3 On such assignment or transfer, We may hand over Your Security deposit and any interest in same to the party mentioned in 15.2 or refund it to You.
16. Notices
16.1 Except for price change notices issued under Condition 7.2, We will have given You proper notice:
(a) If We send the notice by post to Your last known address;
(b) If We address the notice to some or all customers in an advertisement in a national newspaper.
Notices may be included in any other communication we send You.
16.2 You will have given us proper notice if You send the notice by post addressed to us at Our principal office in accordance with detail provided in Condition 17.
17. Contact Details
17.1 Our Customer Service Department may be contacted at:
By Phone: 0818 363 749
By Post: Pinergy, Suite 1, Beaver House, Beach Hill Office Campus, Clonskeagh, Dublin 4, D04 Y8X5, Ireland
By Email: customerservices@Pinergy.ie Website: www.pinergy.ie
This contact information may be amended or varied from time to time. The up-to-date information in this regard will be displayed on Our website and on Your energy statement.
18. Our Codes of Practice
We have six Codes of Practice relating to Commercial Customers which cover the following areas: Complaint Handling, Billing, Disconnection, Sign-up, Marketing and Advertising, and Smart Services. These documents set out the services and levels of service You can expect, and may be obtained by contacting us in accordance with the detail provided in Condition 17 or accessed on Our website at
https://pinergy.ie/terms-conditions/code-of-practice-non-household/.
19. Data Protection Notice
19.1 In order that We may provide You with an effective service, it is necessary for us to collect and use data relating to Your organisation. This data is mainly used to manage Your customer account. In addition, data relating to Your organisation may be used for Our own business purposes which can include credit checking and market research. We may keep Your data for a reasonable period after You cease to be supplied by us, but will not keep it for any longer than is necessary and/or as required by law.
19.2 Should You choose to move Your electricity supply to another supplier (according to the conditions set out in Your supplemental T&Cs) We may disclose details of Your electricity usage and Account history to the acquiring supplier.
19.3 We may disclose Your organisation’s data to agents who act on behalf of us in connection with the activities referred to above. Such agents are permitted to use this data only as instructed by Us. They are also required to keep Your data safe and secure.
19.4 From time to time, You may speak to Our employees (or agents acting on Our behalf) by telephone. To ensure that we provide a quality service, Your telephone conversations may be recorded. We will treat the recorded information as confidential and it will only be used for training/quality control, account management and customer satisfaction purposes or any other purposes mentioned in this Notice
19.5 In order to protect privacy, You shall provide us with suitable proof of identification upon request.
19.6 If any of Your details are incorrect, please let Us know and we will amend them.
20. Marketing
20.1 We, and/or agents acting on behalf of Us, may contact You by text message, e-mail, post, telephone or in person with information about products or services (relating to electricity, gas or other products and services, including those offered by third parties) which may be of interest to You.
21. General
21.1 We aim to ensure that fairness and transparency are the core of all terms and conditions in this Agreement, which are written in a way to prevent uncertainty and ambiguity in their meaning.
21.2 The headings in these Conditions are for convenience only and will not affect their interpretation.
21.3 If We waive a breach of the Agreement by You, that waiver shall not be considered to be or include a waiver of any previous or subsequent breach by You of the same or any other provision.
21.4 If a competent authority determines that any provision of these Conditions is invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected by that determination.
21.5 Where You are more than one person or entity, each such person or entity is jointly and severally liable for Your obligations under this Agreement.
22. Events Beyond Our Control (Force Majeure)
22.1 For the purposes of this Agreement, “Force Majeure” means any event or circumstance beyond Our reasonable control which prevents or delays Us from carrying out any of Our obligations under this Agreement. Such events shall include (without limitation):
(a) failure or shortage of electricity supplies or generation capacity;
(b) market disruption or suspension (including SEM market suspension), supply constraints, or market operator instructions;
(c ) acts of God (including storms, lightning, floods, subsidence, earthquakes, or other natural disasters);
(d) civil unrest, riot, terrorism or threat of terrorism, war or threat of war;
(e) strikes, lockouts, industrial action or labour disputes (whether or not involving Our employees);
(f) acts, orders or requests of Government, any regulatory body, emergency services or other competent authority;
(g) material changes to applicable law, regulation, market codes or taxes that affect the supply or pricing of electricity;
(h) cyber-attacks, failure or interruption of telecommunications, internet services or information systems;
(i) pandemic or epidemic; or
(j) any other cause or circumstance beyond Our reasonable control
22.2 We shall not be liable to You for any failure or delay in performing Our obligations under this Agreement to the extent caused by Force Majeure.
22.3 The affected party shall promptly notify the other party of the Force Majeure event and use all reasonable endeavours to mitigate its effects and resume performance as soon as reasonably possible.
22.4 If any event of Force Majeure continues for a period of thirty (30) consecutive days or more and prevents Us from supplying electricity to You, We may terminate this Agreement immediately by notice to You.
22.5 In the event that:
(a) We consider the Irish wholesale electricity market to be insufficiently liquid or overly volatile; or
(b) We consider that material disruption has occurred to the Irish wholesale electricity market,
such that We are unable to secure or hedge supply for any Fixed Price product, tariff or tenure, We reserve the right to suspend or withdraw the availability of that product or tenure, or to terminate this Agreement by written notice to You (without liability), in respect of the affected product or tenure only.
23. Governing Law and Jurisdiction
23.1 This Agreement shall be governed by and construed in accordance with the laws of Ireland.
23.2 The parties submit to the exclusive jurisdiction of the courts of Ireland to resolve any disputes arising out of or in connection with this Agreement.
23.3 Where applicable, disputes between the parties may also be subject to the dispute resolution procedures or directions of the Commission, in accordance with the Our electricity supply licence and any relevant Commission Codes of Practice or regulatory obligations relating to customer complain
Electricity Terms and Conditions for Pinergy Smart Business
1. Sale and Supply of Electricity
1.1. We will sell and supply electricity to You at the Premises subject to these Conditions until the Agreement is ended by either You or us in accordance with Conditions 10 and 11.
1.2. It is a condition of supply that You have a Connection Agreement and keep to its conditions. Please read the DSO conditions for connecting You to the electricity distribution system, which You can get from the DSO website at www.esb.ie/esbnetworks. If You have taken over the supply to premises that were previously supplied in the name of another customer and You do not have a Connection Agreement for the premises, the DSO will consider that the previous customer’s Maximum Import Capacity and the conditions of the previous customer’s Connection Agreement apply to You. You will not have to enter into a new Connection Agreement Yourself, but You must keep to all the conditions of the previous customer’s Connection Agreement. If You prefer to have a Connection Agreement in Your own name You should contact the DSO at www.esb.ie/esbnetworks.
1.3. All necessary equipment, including the Smart Meter and (where appropriate Meter Display), has been installed; and 1.4. For existing customers this Agreement shall commence on the date of this Agreement. For new customers it shall commence on the date we receive notification from MRSO that You are registered as a customer of Ours.
1.5. You must give us all the information we need about the Premises, and all other details which we ask for to work out what kind of account/Price Plan You need.
1.6. You must provide us with Your contact details e.g. a landline or mobile number and we are allowed to use these details to contact You in relation to Your account.
1.7. All the information You give us must be truthful and accurate. You must tell us about any changes to the information as soon as possible.
1.8. We will do all we can to process an application so that the electricity account is set up by the date You need it, as long as You have met all Our financial and other requirements.
1.9. Characteristics of the supply will be in line with the Connection Agreement and these conditions. You should check Your specific requirements with Your electrical contractor. You are responsible for choosing the appropriate MIC.
1.10. You cannot extend Your supply for someone else to use. We will consider them to be a separate customer.
1.11. We accept no responsibility for the adequacy, safety or other characteristics of Your electrical installation.
1.12. The initial term of this Agreement will last for the period set out in your client agreement letter from the commencement date.
1.13. Each term shall automatically renew for a subsequent period of twelve (12) months unless You give Us a written notice of termination at least thirty (30) days prior to the end date of the current term.
1.14. The expected end date of the current term of this Agreement will be displayed on Your Electricity Bill or Statement.
2. Smart Meter and Meter Display
2.1. The Smart Meter together with the ESBN Meter will govern Your electricity consumption and levy the appropriate Charges for the consumption based on the Tariffs in accordance with Conditions 7 and 8.
2.2. We will perform the Installation Service at the Premises at a time agreed with You and in accordance with Condition 5.
2.3. The Smart Meter and Meter Display unit will at all times remain Our property and You will have no rights or interest in it.
3. Change of Supplier
3.1. We reserve the right to perform a credit check on Your account(s) with Your current supplier at the point of registration should You choose to use us as Your energy supplier.
3.2. You will give us a Meter reading for the Start Date or allow Our installers or the DSO to obtain an actual Meter reading at the Premises. Estimated reads may not be accurate due to the absence of historic usage information, which may impact billing, hence We do not process a change of supplier request based on them.
3.3. Customers will not be charged for changing supplier. (For the avoidance of doubt an exit charge will be applied for early termination of a contract).
3.4. Based on the information You provided Us with, We will contact the DSO and request the change of supplier on Your behalf.
3.5. When Your request to switch is processed, Your current supplier will notify us if You are in arrears for more than levels set for all customers by the Commission for Regulation of Utilities. If we decide not to carry out the switch because of arrears, we will tell you in writing.
3.6. Once the change of supplier is complete, the DSO will advise Us and Your old supplier of the switch completion. You will receive from Us the confirmation of the successful switch and the Onboarding pack with details of Your account. However, You are still liable for the electricity supplied by Your old supplier until the date the switch takes place and so you may receive a final electricity bill or statement from them.
3.7. If You are Our customer and You wish to change to another Energy supplier and You have Arrears greater than the level set by the Regulator, a debt flag will generate on Your account. This debt flag will inform the acquiring supplier that You have Arrears greater than the levels set by the Regulator.
4. Metering and Billing
4.1. The electricity supply will be measured by metering equipment that will be installed and maintained in line with the Connection Agreement and DSO staff, its agents or contractors will read the meters.
4.2. We will provide You with details of Your energy consumption, in the form of Electricity Bills or Statements, free of charge, which will include charges for services that we have agreed to supply to You and will include VAT and any other taxes or charges that may apply.
4.3. If we or You discover that any meter reading has been inaccurate or omitted, or the readings have not been converted into charges correctly, we or You, as the case may be, must pay any money that is due at the date of the next billing period. If, for any reason, the DSO has not been able to get meter readings, we reserve the right to use estimated readings.
4.4 In the event that we mutually agree to utilise a Smart Meter to measure and bill some or all of your electricity consumption, the ESBN meter will be deemed the meter of record and consumption measured by it will be deemed to be the correct consumption in any billing period.
5. Access and Siteworks
5.1. All equipment and installations from the distribution network, up to and including the ESBN Meter belong to the DSO and must be used in accordance with the DSO’s instructions and terms and conditions. We have no responsibility for maintaining the Meter or any metering equipment.
5.2. You agree to be bound by any conditions given to You by the DSO or by us on behalf of the DSO regarding Your electricity supply and any related matters. These are available from their website at www. esb.ie/esbnetworks, by phoning ESB Networks at 1800 372 757 or by email at esbnetworks@esb.ie. Duplicate of above.
5.3. You are responsible at all times for having due care towards the ESBN Meter. You will not interfere or allow any interference with the Meter, whether for repairs or for any other purpose without the DSOs consent, and shall notify the DSO and/or Us promptly of any defect in the Meter or if any alteration or other attention is required.
5.4. You may request the DSO to carry out Siteworks at the premises in accordance with the terms of this Agreement.
5.5. The DSO (and when appropriate we) will inform You of Siteworks cost and payment terms at the time You submit a request for Siteworks.
5.6. We may request that Siteworks be carried out at the Premises such as servicing of the Meter, withdrawal or reinstatement of electricity supply.
5.7. You must allow the DSO’s authorised personnel, agents or contractors entry to the Premises for the purposes of reading, inspecting, withdrawal or reinstatement of supply, or removing the Meter or Meters and for all other purposes in connection with providing electricity. Such entry is to be permitted at all reasonable times and at any time in case of any emergency or network emergency.
6. Security
6.1. If we decide it is required at any time, You may need to provide reasonable Security, which may be in the form of a deposit that we will decide.
6.2. Any Security cover provided to Us which is in the form of a cash deposit will be repaid to You when You close Your account provided all sums due have been paid, or after a certain period (not more than twelve months) provided You have satisfied Our payment terms on a continuous basis, whichever is the earliest.
6.3. You may have to give us certain personal information for credit assessment purposes.
7. Price of Electricity
7.1. Our Price Plans are displayed on Your energy statement or may be obtained by contacting us in accordance with the detail provided in Condition 17.
7.2. We are entitled to change the price of electricity which we have agreed with You. We will inform You in writing or by e-mail at least 14 days in advance of any change coming into effect. We may also publish the price change in any national daily newspaper and/ or update Our website. Any such notice or advertisement will state the date on which the price change is effective. If the price change communicated by Us is unacceptable to You, You may end the Agreement in accordance with Condition 11.1 (the unvaried Conditions applying during the fourteen (14) days’ notice period) otherwise You will be deemed to have accepted the new price.
7.3. In the event that You have chosen the incorrect Price Plan, We will not be held accountable for this or any charging that has occurred due to Your incorrect selection. Furthermore, where we agree a monthly payment value with You based on detail You have provided to us, You agree to a quarterly adjustment to this value based on Your actual consumption data.
7.4. We reserve the right to move You to Our standard Price Plan if You breach the terms and conditions of Your Price Plan.
7.5. From time to time, we may (at Our sole discretion) offer certain specified categories of customers (which may or may not include You) special Price Plans for a certain period of time to be determined by us.
7.6. The price plan may be varied:
- A) To reflect any variation in any element of the cost to Us of providing the supply of Energy that are not within Our reasonable control, including but not limited to: a. Any variation in the use of system charges or transportation charges made by the DSO b. There are abnormal or excessive costs incurred in meter reading; c. variation in the cost of energy not within Our reasonable control and, or d. Pass Through Charges
- B) If any of the registration details of any Point of Supply materially differs from that specified in the contract C) If You add or remove Points of Supply
8. Payment of Accounts
8.1. You must pay us the cost of the electricity consumed at the Premises, or for any consumption which is based on an estimated Meter reading during the billing period (plus VAT), and any other taxes or charges which may be applicable to the Price Plan You have chosen.
8.2. If stipulated in Your Price Plan, You will pay us the agreed value a month in advance of Your consumption unless stated otherwise.
8.3. You must also pay us for any amount or charges which are specified on the statement as other services that we have agreed to provide to You.
8.4. You must pay us for any Siteworks that we or You have requested to be carried out at Your premises and for which we have been charged by the DSO.
8.5. You must pay any sums outstanding according to the specific payment conditions of Your Price Plan. If You pay us by direct debit, we reserve the right to change Our direct debit collection date and value and we may not notify You in advance of doing this.
8.6. All sums due to us under the Agreement must be paid without deduction or set-off. If You do not pay us any sum due under the Agreement You may be liable to pay us interest from the due date at a rate equal to 4% above EURIBOR, accruing on a daily basis until payment is made.
8.7. If You have an account with us at another Premise, we may transfer any credit or debit between Your accounts in order to recover any money You owe us.
8.8. Even during periods of no consumption, whether the meter is energised or de-energised, standing charges will still apply to Your account.
8.9. Further information on billing and payment options can be found in Our Codes of Practice.
9. Our Liability
9.1. In Our role as Your supplier we will not be liable to You for any loss or damage caused arising directly or indirectly from Your electricity supply and the equipment.
9.2. Nothing in this Agreement will exclude or restrict Your or Our liability for death or personal injury resulting from Your or Our negligence.
9.3. We will not be liable to You under this Agreement in contract, tort (including negligence) or otherwise for any indirect damages or economic loss, any loss of revenue, business, contracts, predicted savings or profits.
9.4. If any exclusion or other condition in this Agreement is invalid for any reason and We become liable for loss and damage that could otherwise have been excluded or limited, Our liability will be limited to a maximum sum equal to the total amount of charges and other payments We received from You for the electricity supply.
10. Your Right to End the Agreement
10.1. If You are moving Premises and/ or no longer wish to keep Your electricity account open You must give Us thirty (30) calendar days’ notice in advance of Your leaving the premises (or as otherwise agreed by us) by telephone or by writing to Us (in accordance with Condition 17) and pay the amount due for all electricity used up to the date of such termination and for any other charges and obligations in Your Price Plan or services that
10.2. We have agreed to provide to You under this Agreement. Early termination fees may apply. You will remain liable for any electricity used in the Premises until this notice is given and has expired and You have informed Us of the Meter reading Or You have given access to the DSO to read the Meter.
10.3. In the event that You do not meet the requirements of Condition 11.1 and/or 11.2 You may remain liable for any electricity used until supply is withdrawn or a new account is opened at the Premises.
10.4. The ending of the Agreement will not affect any rights or duties which have accrued to You before the Agreement ends.
10.5. Where the supply of electricity is withdrawn due to Your default, You will pay us all expenses reasonably incurred and the cost of supply withdrawal and of subsequent reconnection, if any, in line with regulated charges and codes of practice.
10.6. Exemption from paying the early termination fee will be granted if You terminate this Agreement with Us on the expected end date of the current term and give Us the written notice of termination in time according to Condition 1.13.
11. Our Right to Withdraw Supply and End the Agreement
We retain the right to remotely de-energise the Smart Meter for non-payment of account. We will make all reasonable efforts to contact You before taking this action. Provided we have followed Our procedures set out in Our Codes or Practice, We may request the DSO to withdraw Your electricity supply if:
11.1. You fail to pay money owing for the electricity we have supplied or any other amount under this Agreement for supplying electricity.
11.2. Your installation or use of electricity interferes with the distribution system or disturbs other customers.
11.3. You extend the supply to someone else who we consider to be a separate customer.
11.4. You do not meet all of Your obligations under these conditions or the Connection Agreement, and fail to put things right.
11.5. If You have used electricity without permission or committed theft of electricity.
11.6. You become insolvent, have a receiver, liquidator or examiner appointed, or enter into an arrangement with Your creditors.
11.7. We need to do so by law.
11.8. Your Connection Agreement ends.
11.9. It is no longer practical to supply electricity for reasons outside Our control.
11.10. You have asked us to.
12. Complaints
You may make a complaint in relation to any issue arising under the Agreement by contacting Our Customer Complaints Team:
By Phone: 0818 363 749
By Post: Pinergy, Suite 1, Beaver House, Beach Hill Office Campus, Clonskeagh Dublin 4, D04 Y8X5, Ireland
By Email: customerservices@pinergy.ie
Website: www.pinergy.ie
Should You need further information about this subject, Our Code of Practice on Complaint Handling is available on Our website at https://pinergy.ie/terms-conditions/code-of-practice-non-household/.
13. Variation of General Conditions
We may amend, vary or add to these Conditions at any time on giving You fourteen (14) days’ notice. This notice will indicate where You may view or obtain a copy of the new Conditions. If any variation, addition or amendment is unacceptable to You, You may end the Agreement in accordance with Condition 11.1 (the unvaried Conditions applying during the fourteen (14) days’ notice period) otherwise You will be deemed to have accepted the new Conditions.
14. Deemed Contracts
14.1. These terms are applicable where a Deemed Contract is in place.
14.2. A Deemed Contract will be in place where a premise is no longer subject to a contract for supply of electricity by Pinergy and is connected to a supply under a Deemed Contract.
14.3. A Deemed Contract will commence on the date You take Energy supply from Pinergy.
14.4. The Terms of a Deemed Contract constitute an agreement for the supply of Energy between You and Pinergy.
14.5. Customers supplied under a Deemed Contract are free to enter into a contract of supply with Pinergy or with another supplier.
14.6. Where a Deemed Contract is in place, it will continue until You register and enter into a new contract with Pinergy or You enter into a contract with another provider.
14.7. Under a Deemed Contract You will be charged Pinergy Standard rates and You are responsible for the payment for the Energy supplied.
14.8. Under a Deemed Contract we will issue energy statements based on actual or estimated meter readings which You are liable to pay.
14.9. Where a premise is no longer subject to a contract of supply with Pinergy and is being supplied under a Deemed Contract, it will be at risk of disconnection.
15. Assignment
15.1. You may not assign this Contract or Agreement without Our consent.
15.2. We may, without Your Agreement, assign or transfer all or any part of Our rights and subcontract any of Our obligations under this Agreement to a party that holds the necessary authorisation(s).
15.3. On such assignment or transfer, we may hand over Your Security deposit and any interest in same to the party mentioned in 15.2 or refund it to You.
16. Notices
Except for price change notices issued under Condition 7.2, we will have given You proper notice:
16.1. If we send the notice by post to Your last known address.
16.2. If we address the notice to some or all customers in an advertisement in a national newspaper. Notices may be included in any other communication we send You.
16.3. You will have given us proper notice if You send the notice by post addressed to us at Our principal office in accordance with detail provided in Condition
17. Contact Details
Our Customer Service Department may be contacted at: By Phone: 0818 363 749
By Post: Pinergy, Suite 1, Beaver House, Beach Hill Office Campus, Clonskeagh, Dublin 4, D04 Y8X5, Ireland
By Email: customerservices@pinergy.ie
Website: www.pinergy.ie
This contact information may be amended or varied from time to time. The up-to-date information in this regard will be displayed on Our website and on Your energy statement.
18. Our Codes of Practice
We have four Codes of Practice relating to Commercial Customers which cover Complaint Handling, Billing, Disconnection, Sign-up, Marketing and Advertising. These documents set out the services and levels of service You can expect, and may be obtained by contacting us in accordance with the detail provided in Condition 17 or accessed on Our website at https://pinergy.ie/terms-conditions/code-of-practice-non-household/.
19. Data Protection Notice
19.1. In order that we may provide You with an effective service, it is necessary for us to collect and use data relating to Your organisation. This data is mainly used to manage Your customer account. In addition, data relating to Your organisation may be used for Our own business purposes which can include credit checking and market research. We may keep Your data for a reasonable period after You cease to be supplied by us, but will not keep it for any longer than is necessary and/or as required by law.
19.2. Should You choose to move Your electricity Account to another supplier (according to the conditions set out in Your supplemental T&Cs) We may disclose details of Your electricity usage and Account history to the acquiring supplier
19.3. We may disclose Your organisation’s data to agents who act on behalf of us in connection with the activities referred to above. Such agents are permitted to use this data only as instructed by us. They are also required to keep Your data safe and secure.
19.4. From time to time You may speak to Our employees (or agents acting on Our behalf) by telephone. To ensure that we provide a quality service, Your telephone conversations may be recorded. We will treat the recorded information as confidential and it will only be used for training/quality control, account management and customer satisfaction purposes or any other purposes mentioned in this Notice
19.5. In order to protect privacy, You may also be asked to provide us with suitable proof of identification.
19.6. If any of Your details are incorrect, please let Us know and we will amend them.
20. Marketing
We, and/or agents acting on behalf of Us may contact You by text message, e-mail, post, telephone or in person with information about products or services (relating to electricity, gas or other products and services, including those offered by third parties) which may be of interest to You.
21. General
21.0. Fairness and transparency are the core of all terms and conditions in this Agreement, written in a way to prevent uncertainty and ambiguity in their meaning.
21.1. The headings in these Conditions are for convenience only and will not affect their interpretation.
21.2. If we waive a breach of the Agreement by You, that waiver shall not be considered to be or include a waiver of any previous or subsequent breach by You of the same or any other provision.
21.3. If a competent authority determines that any provision of these Conditions is invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected by that determination.
21.4. Where You are more than one person or entity, each such person or entity is jointly and severally liable for Your obligations under this Agreement.
22. Events Beyond Our Control
We will not have to carry out any obligation under this Agreement if we are prevented from doing so by any cause beyond Our reasonable control. This includes, but is not limited to, failure or shortage of power supplies, civil unrest, labour short- age or labour dispute, instructions or requests from the Government, an emergency services organisation, or any other competent authority, or legal obligations.