These are the Terms of Reference approved by the Board, in line with the Articles of Association of the Company (herein “The Energy Ombudsman”).

Interpretation

1.1 The definitions, below, apply to both this Annex and the Terms of Reference in relation to complaints brought to the Energy Ombudsman against Participating Companies:

“Award” means the compensation awarded to the Complainant. The Award shall be limited to £10,000 (inclusive of VAT, if any) per complaint for Domestic consumers. The Award shall be limited to £20,000 for Micro Business Consumers.

“Code of Conduct” means the Flex Assure Domestic and Microbusiness Code of Conduct, published on the Flex Assure website

“Customer” means either a Domestic Consumer or Micro Business Consumer who is party to a contract, or seeking to be party to a contract, with a Participating Company of the Energy Ombudsman for the provision of Energy Flexibility Services

“Domestic Consumer” means a consumer supplied with electricity at a domestic premises

“Micro Business” means a business that:

employs fewer than ten employees (or their full time equivalent) and has an annual turnover or balance sheet no greater than £2 million; or
uses no more than 100,000 kWh of electricity per year; or
uses no more than 293,000 kWh of gas per year.

“Energy Flexibility Services” are services provided by a Flexibility Service provider as described within the Code of Conduct.

“Participating Company” means a Flexibility Service Provider admitted into The Energy Ombudsman in accordance with the Terms of Reference, the Membership Rules for Participating Companies and the present Annex and, as the context so requires, each and/or any of its subsidiary undertakings from time to time which has put its relevant services under the jurisdiction of the Ombudsman and The Energy Ombudsman;

“Flexibility Service Provider” means any actor or any representatives of that actor providing Energy Flexibility Services to one or more Customer(s).

2. Eligibility to become a Participating Company in The Energy Ombudsman

2.1 Companies that are obliged to become Participating Companies in The Energy Ombudsman are Flexibility Service Providers that are scheme members of the Code of Conduct

3. Services

3.1 The services provided by Participating Companies of The Energy Ombudsman which will be covered by, and fall within the jurisdiction of, the Ombudsman and the Energy Ombudsman are;

the services associated with the attempted sale or sale of and processing of Energy Flexibility Services contracts by a Participating Company, including where a contract has been mis-sold; and

Any other services related to the provision of Energy Flexibility Services as set out in the Code of Conduct

4. Complainants

4.1 Further to, and in addition to, the provisions of paragraphs 3 and 6 of the Terms of Reference, the Ombudsman and The Energy Ombudsman shall only have jurisdiction in relation to a complaint against a Participating Company if the person making the complaint;

was, at the time the subject matter of the complaint arose, a customer with an effective contract with a Participating Company; or

had, at or prior to the time the subject matter of the complaint arose, applied, or been solicited to become, a customer with the Participating Company; or

is acting on behalf, and with the consent, of any person falling within the scope of paragraphs 4.1 (a), (b) and (c), above.

5. Limits on the Ombudsman’s powers

5.1 The Ombudsman shall not accept a complaint about a matter;

(a) which concerns or relates to products, services or devices which is not the responsibility of a Participating Company of the Energy Ombudsman, or not covered by the Code of Conduct;

(b) of which the complainant had noticed before the date when the relevant Participating Company became a member of the Code unless the Participating Company consents otherwise.

Terms of Reference - Flexibility Service Provider