Terms and conditions of Online Customer Account Management

These are the terms and conditions (“Terms”) governing the use by a customer of the online account management system (“OAM System”) between firmus energy (Supply) Limited (“we” “us” or “our”) and any customer who wishes to set up a firmus energy online account (“OAM Account”) (“you” or “your”). These Terms are applicable in conjunction with our terms and conditions of Natural Gas Supply, the terms and conditions of our Website, our Website Privacy Policy and our Website Disclaimer, as amended from time to time.  Please make yourself familiar with each of these sets of terms and conditions. If you do not accept any of the Terms set out below, please do not proceed to set-up a firmus energy online account.

By ticking ‘Yes’ at the bottom of these Terms, you are confirming that you accept these Terms and agree to act in accordance with same in relation to your use of the OAM System and any service provided thereunder.

1. Accessing your firmus energy online account

1.1: To register for your OAM Account you must complete the online registration form. You must insert your customer account number, the name of the account holder or your name as it appears on your bill, and your email address. The email address you provide will be your username for your online account. You will then be sent an email confirming your username and password so that you can log on to our online service and access your account details. Please note that when you use your username and password you are authorising us to carry out all the instructions you have given us on this site.

2. Security

2.1: We will only allow you to log on and use your OAM Account using your username and password. You must make sure that nobody else knows your username and password. Please do not write them down. If you think that somebody may know your username and password, you can change your password through the website or by telephoning us on 0330 024 9000.

2.2: For security and audit reasons, we may record the IP user address which is used to log into your OAM Account.

3. Limitation of liability

3.1: Subject to clause 3.2 below, to the fullest extent permitted by applicable law, neither we nor any of our employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, your OAM Account or the facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties.

3.2: If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you confirm your acceptance of these Terms.

4. Your details

4.1: For your OAM Account to operate you must provide us with a valid and up-to-date e-mail address.

4.2: We strongly advise that you use a different email address for each account you set up on the OAM System.  If the same email address is used for more than one account, any changes which are made to your email address will affect each account which has been set up using that email address.

4.3: We reserve the right, at our sole discretion, to refuse to add an additional account to your email address. You will be notified if your application for an additional account has been rejected and you will be required to provide a different email address for the additional account.

4.4: Your email address can be changed using the “Edit User Details” section. If you have any problems changing your email address please contact us for assistance on customeroperations@firmusenergy.co.uk.

4.5: As an OAM Account user, it is your responsibility to ensure that the contact and other required information in your user profile is current and accurate, and updated promptly if necessary, including your name, address, telephone number and email address. If you need to update these details, please telephone or write to us in accordance with clause 6 (Notices) below.

4.6: We accept no liability for any loss, damage, inconvenience, charges or fees incurred by you as a result of any out of date information on your OAM Account, if you have failed to update the information yourself in accordance with this clause 4.

5. Contacting us about your online account

5.1: When your OAM Account is set up and you are logged in, you can contact us by e-mail by choosing the "Contact us" link, which you can access from most pages of the site. If you would prefer you can also email the web support team directly at customeroperations@firmusenergy.co.uk.

6. Notice

6.1: Subject to elsewhere provided in these Terms, you will not have given us proper notice unless you either (i) email us at customeroperations@firmusenergy.co.uk or (ii) send the notice by post addressed to us at our principal office at firmus energy, A4-A5 Fergusons Way, Kilbegs Road, BT41 4LZ (or such other address that we may direct from time to time).

6.2: Subject to elsewhere provided in these Terms, we will have given you proper notice if we send the notice by post to your last known address on the second day after the date it was posted or if we email you using the address at that time on your account.

7. If your account is unused, has lapsed or is duplicated

7.1: We have the right to discontinue or delete an OAM Account where you have:

• set up more than one online account (duplicate accounts) for the same supply;
• set up more than one online account with the same email address;
• not used your accounts for longer than one year (unused or lapsed accounts); or
• an account has been set up with an invalid e-mail address.

7.2: Where possible, we will attempt to contact you by email when we discontinue any accounts. Your gas supply will not be affected and we will continue to send your bills through the post. If we close or delete your OAM Account, you can ask us for a new OAM Account at any time.

8. Closing your gas account or changing the gas supply address

8.1: If you wish to change your gas supply address (“Supply Address”) if you are moving house and/or if you no longer wish to keep your OAM Account open, you must give us seven calendar days notice in advance of you leaving your home (or as otherwise agreed by us) by telephone or by writing to us (in accordance with clause 6 (notices) above) or by completing the “Moving Out” form located on our website at www.firmusenergy.co.uk.  You must pay the amount due for all gas used up to the date of such termination and for any other charges and obligations in your tariff or services that we have agreed to provide to you.

8.2: You will remain liable for any gas used at the Supply Address until you give notice as required in accordance with this clause 8 and (a) you have given us a final meter reading or (b) you have given access to us to read and lock the meter or (c) you have accepted an estimated meter reading provided by us.  If you cannot provide us with a closing meter read we may provide you with an estimated read calculated by us, at our sole discretion.  Where this happens, you agree to make payment in full based on our estimated meter reading.

8.3: If you wish to close your gas account, you will not affect any rights or duties which have accrued to you prior to the date your gas account is closed.

9. Billing

9.1: “Paperless Billing” means the receipt of bills online via our website, and no longer receiving a paper bill in the post.

9.2: By setting up an online account with us, you are deemed to have chosen Paperless Billing.

9.3: You will receive an email to your registered email address notifying you that your bill is ready to view online. You must ensure that your email address is kept up to date in accordance with clause 4.5 above.

9.4: As a Paperless Billing customer, you are still subject to our standard terms of gas supply.

9.5: By agreeing to Paperless Billing, you are not required to pay your bill online. We will continue to take payment by whatever means you have previously chosen.

9.6: If you do not pay your gas bill, we cannot guarantee supply of gas to the relevant Supply Address.  If you are having difficulty paying your bill, you can contact us in by telephoning 0330 024 9000.

10. Reservation of rights

10.1: We may withdraw or vary the OAM System or any of the services provided pursuant to the OAM System, including Paperless Billing, at any time. We will notify you if this is the case.

10.2: We may suspend any or all of the Paperless Billing service at any time for such reason as we may consider necessary to allow us to inspect, maintain, renew, repair or revise its website, systems or processes.

10.3: We may amend, vary or add to these Terms at any time.  Notification of such changes will be posted to our OAM System.  This notice will indicate where you may view or obtain a copy of the revised Terms. 

11. Severance

11.1: If any clause or part of a clause of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

12. Assignment

12.1 We may assign or transfer to any other person the benefit of these Terms or any or all of our rights and obligations hereunder without your prior written approval.

12.2: You may not assign these Terms (nor any of your rights and obligations hereunder) without our prior written consent            

13. Waiver

13.1: No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

14. Governing Law

14.1: These Terms and any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Northern Ireland and the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).