Terms and Conditions for your British Gas BusinessCare Agreement

limited to, scaffold or hydraulic platforms); we reservethe right to charge in full for our costs in providing suchequipment. We do not include the cost of getting toyour System or Boiler (Parts and Labour) where yoursystem is inaccessible due to a design fault.3.12 Third-Party rightsNobody other than your Business will be able to benefitfrom this agreement, which cannot be passed toanother business without our agreement. We reservethe right to assign the benefit and burden of this agreement.3.13 Our responsibilitiesWe will meet our responsibilities under this agreementwithin reasonable time unless it is impossible becauseof circumstances outside our reasonable control.The services carried out under this agreementdo not certify that the whole system complies with theGas Safety (Installations & Use) Regulations 1998.3.14 Your responsibilitiesWhile the engineer is at work we require that theimmediate area is:n Kept clear of obstructionn Adequately litn Marked to ensure that no one enters the work areabe it employees or a member of the general publicvisiting the Business PremisesBefore any work starts at the Business Premises,personnel must make us aware of any health andsafety risks or precautions.3.15 Governing lawThis agreement shall be governed by and interpretedin accordance with the laws of England and Wales andthe courts of England and Wales shall have exclusivejurisdiction to settle any dispute or claim that arises outof or in connection with this agreement (including noncontractualclaims or disputes).3.16 Entire agreementThis agreement forms the entire agreementbetween you and British Gas Trading, supersedesand excludes all prior undertakings, representations orarrangements and may only be amended by the writtenagreement of you and us.The diagram below shows the range of essentialcentral heating components the BusinessCare servicewill look after. This diagram is for guidance only. Pleaseread the Terms and Conditions for full detailsof what is included and excluded.4. Using Personal InformationUse of Personal InformationExcept in relation to clause 4.6 and 4.7 below, thisclause 4 applies to personal information held aboutindividuals, sole traders and partnerships. It does notapply to information we hold about corporate bodiesand other organisations.4.1 Information you provide or we hold about you(whether or not under our contract(s) with you) maybe used by us or our agents to:n Identify you when you contact usn Help identify accounts, services and productswhich you could have from us from time to time(we may do this using an automatic scoring systemwhich uses the information provided by you, anyinformation we hold about you and information fromother agencies, including credit-reference agencies)n Help run and contact you about the improvedrunning of any accounts, services and productswe provided before, now or in the future (we maycontact you by e-mail or text message if you havegiven us these contact details)n Create statistical and testing information and carryout marketing analysis and customer profiling(including using information about what you buyfrom us and how you pay for it, for example usagerates and any discounts we have offered you– these are examples only and not a complete list)n Help to prevent and detect fraud or lossn Contact you in any way (including mail, e-mail,phone, visit, text or multimedia messages) aboutproducts and services offered by us and selectedpartners4.2 We may allow other people and organisationsto use information we hold about you:n To provide services you have asked forn As part of the process of selling one or moreof our businessesn To help to prevent and detect debt, fraud or loss.In addition, if you have failed to pay us, in whichcase we may transfer your debt to anotherorganisation and provide them with details aboutyou and that debtn As part of current or future legal proceedingsn If you hold an insurance policy with us, to passinformation to an insurer to manage your insurancepolicy including underwriting and claims, to assistin the development of new services, dealing withreinsurers and to assess financial and insurance riskFrom time to time, these other people andorganisations may be outside the European EconomicArea in countries that do not have the same standardsof protection for personal data as the UK.4.3 We may also allow your information to beused by other Centrica Group companies(including those using the British Gas, Scottish Gasand Dyno Rod brands) for them to carry out anyof the above purposes.4.4 Your information may be used for trainingpurposes. We may monitor and record communicationswith you (including phone conversations and e-mails)for quality assurance and to make sure that we aremeeting our legal and regulatory requirements.4.5 We may pass your address, property andpostcode, and details of your gas appliances,flue, hot-water cylinder, system controls andelectrical installations (including details of anyrepairs or removals) to organisations that supervisethese activities. These organisations may passthis information to local authorities to meet buildingregulations. They may also use this informationto contact you to inspect appliances or systems,recall faulty products and carry out audits, and forhealth and safety purposes. Where appropriate,we will give you or the property owner (or both)a certificate to show that your appliances andso on meet building regulations.4.6 This clause applies to personal information heldabout individuals (including, if the customer is acorporate body, any key individuals involved in thatbody), sole traders and partnerships. We may checkyour details with one or more licensed credit-referenceand fraud-prevention agencies to help us make decisionsabout your ability to make payments and the goods andservices we can offer you. We have given a brief guideto how we, the credit-reference and fraud-preventionagencies will use your information below. If you wouldlike more information about this you can find the fullversion at www.britishgas.co.uk or phone us on0845 778 9400 and we will send you a leaflet.4.7 We will search at credit-reference andfraud-prevention agencies for information about youand all the people you are applying with – if youare providing information about others on a jointapplication, you must make sure they agree thatwe can use their information to do this. If you providefalse or inaccurate information and we suspect fraud,we will pass your details to credit-reference andfraud-prevention agencies. Law enforcement agencies(for example, the Police, and Her Majesty’s Revenueand Customs) may use this information.We will use the information provided by us to creditrelatedservices and fraud-prevention agencies to:n Help make decisions about credit and credit-relatedservices for you and anyone applying with youn Check your identityn Prevent and detect fraud and money launderingn Manage your accountThe information which we and other organisationsprovide to the credit-reference and fraud-preventionagencies may be supplied by credit-reference agenciesto other organisations and used by them to performsimilar checks. Organisations may access and usethe information recorded by fraud-prevention agenciesfrom other countries.If you want to see what information credit-referenceagencies hold about you, you can contact the followingthree credit-reference agencies currently operating inthe UK. The information they hold may not be thesame, so it is worth contacting them all. They willcharge you a small fee.Call Credit Consumer Services TeamPO Box 491, Leeds LS3 1WZPhone: 0870 060 1414Equifax PLC Credit File Advice CentrePO Box 3001, Bradford BD1 5USPhone: 0870 010 0583Website: www.myequifax.co.ukExperian Consumer Help ServicePO Box 8000, Nottingham NG80 7WFPhone: 0870 241 6212Website: www.experian.co.uk4.8 If you give us information on behalf of someoneelse, you confirm you have given them the informationset out in this document, and that they have givenpermission for their personal information to be usedin the way we have described. If you give us sensitiveinformation about yourself or others (such as healthdetails or details of any criminal convictions ofmembers of your household), you agree (and confirmthat the person the information is about has agreed) tous processing this information in the way set out in thisdocument.A Centrica Business – British Gas Business is a tradingname of British Gas Trading Limited. Registered inEngland No. 3078711. Registered Office: Millstream,Maidenhead Road, Windsor, Berkshire SL4 5GD.The Direct Debit Guaranteen This guarantee is offered by all Banks andBuilding Societies that take part in the DirectDebit Scheme. The efficiency and securityof the scheme is monitored by your own Bankor Building Societyn If the amounts to be paid or the payment dateschange, Connaught Compliance Gas Services Ltdwill notify you 10 working days in advance of youraccount being debited or as otherwise agreedn If an error is made by Connaught ComplianceGas Services Ltd or your Bank or BuildingSociety, you are guaranteed a full and immediaterefund from your branch of the amount paidn You can cancel a Direct Debit at any timeby writing to your Bank or Building Society.Please also send a copy of your letter to usIf you smell gasTelephone the free Transco emergencyservice immediately on:0800 111 999If you have a boiler breakdown please call:0845 778 9400Terms and Conditionsfor your British Gas BusinessCareAgreementdistance relation between sash and corner flexible.size relation between sash and corner NOT flexible.

Under your BusinessCare agreement, weaim to provide a safe, high-quality service torepair and maintain the equipment includedin this agreement. If you have any questionsor concerns, please call 0845 778 9400.DefinitionsWherever the following words and phrases appearin these Terms & Conditions, they will have thefollowing meaning:Business PremisesThe address you have specified for Business Usewhere the System or Boiler is located.Business UseMeans the use for the System or Boiler at theBusiness Premises; the System or Boiler must besupplied gas under a non domestic gas contract.Where gas usage is mixture of domestic andnon domestic, British Gas Business can only offera non domestic gas contract for all gas used if thenon domestic usage exceeds 40%.SystemRelates to the central heating system coveredunder your HeatSure agreement. Please see theattached diagram showing the central heating systemcomponents (collectively the System) included in theHeatSure agreement. Systems generally comprisea Boiler, pump, radiator and valves, hot water cylinderand expansion tank (where fitted), motorised valve(s),room thermostat(s) and programmer/timer, togetherwith the primary system composed of pipework andwiring (but excluding cold water supply pipes, hot watertaps / thermostatic mixing valves and any pipeworkassociated with these).BoilerRelates to the central heating boiler under yourHeatSafe & HeatSure & HeatSure4 agreement.This agreement does not apply to Boilers which exceed70kW net input or is an unconventional burner type(for example, forced draft) and these will not be includedin your agreement.1. British Gas BusinessCare1.1 HeatSure & HeatSure4A – What is included:This service is for maintaining and repairing a singlemains gas, wet (using water) central heating system(excluding electric systems) at the Business Premisesfor Business Use and includes:n An Annual Service of your System (except electricboilers and parts of the System that aren’t readilyaccessible). Please read the section ‘Annual Serviceand First Service’ for full detailsn A Gas Safety Record for your Boiler and up to 3additional mains gas appliances located at the sameBusiness Premisesn A customer helpline available 24 hours a day,365 days a yearn No limit to the number of call-outs to carry out workincluded under the agreementn Getting to your System (where shown), in the eventof a breakdown up to £1,000 (including VAT)n Advice about your System from the engineer,during your visitn Parts and labour if the System breaks downor needs repairThere is no age limit on your System and it does notmatter who installed it, as long as all the essentialworking parts are available and we have approved it.B – What is not included:n The cost of any specialist equipment requiredto inspect any part of your Systemn Removing sludge or hard-water scale from the Systemn Replacing your Boilern Repairing or replacing appliance flues that aren’tpart of your Boilern Repairing or replacing parts of your System andcontrols that are specifically designed for pipedor electric underfloor heatingn Repairing or replacing designer radiatorsand towel railsPlease see General Exclusions under section 2.C – Response TimesWe will attend your Business Premises within areasonable time of being informed of a breakdownof your System. Where our HeatSure4 service hasbeen purchased as part of the HeatSure agreement,we will attend your Business Premises within 4 hoursof being informed of a breakdown.D – Gas Safety RecordAt the same time as we carry out the Annual Service,we will carry out an inspection and issue a Gas SafetyRecord for the Boiler along with up to 3 additional mainsgas appliances at the same Business Premises.If you are a Business Use landlord, British Gas canprovide you with the Gas Safety Record in the formof a CP12, which is included within this agreement.1.2 HeatSafeA – What is included:This service is for an annual service only of a singlemains gas, wet (using water) central heating Boiler(excluding electric systems) at the Business Premisesfor Business Use and includes:n One Annual Service of your Boiler. Please read thesection ‘Annual Service and First Service’ for full detailsn A Gas Safety Record for your Boiler and up to 3additional mains gas appliances located at the sameBusiness Premisesn A customer helpline 24 hours a day, 365 days a yearn Advice about your Boiler from the engineer, duringyour visitB – What is not included:n Parts and labour if your Boiler needs repair. You canchoose to have extra work done on your Boiler orSystem which the Boiler operates, but you will haveto pay for the parts and labour usedPlease see General Exclusions under section 2.C – Gas Safety RecordAt the same time as we carry out the Annual Service,we will carry out an inspection and issue a Gas SafetyRecord for the Boiler along with up to 3 additional mainsgas appliances at the same Business Premises.If you are a Business Use landlord, British Gas canprovide you with the Gas Safety Record in the formof a CP12, which is included within this agreement.2. General Exclusions2.1 Design or existing faultsWe will not include the cost of repairs needed becauseof design faults (unless we are responsible), or faultswhich existed before you entered the agreement, orwhich we could not identify on our First Visit of thatparticular System, using reasonable care and skill.2.2 Third-Party or accidental damageWe will not include the cost of repairs relating to damagecaused by you or someone else.2.3 Consequential lossUnless we are responsible for it, we will not includeloss or damage to property (including any cleaningneeded) caused by the System or any part of theSystem breaking down or leaking (for example, damageto furniture caused by water leaks), including (whetherdirect or indirect) loss of profit, revenue, contract,goodwill or other financial and special loss. The totalaggregate liability of us to you or you to us shall notexceed the value of the services provided under thisBusinessCare agreement. This exclusion shall not applyto death or personal injury caused by the negligenceof us or you. Any redecoration or rectification that maybe needed following our work (including works requiredto access your System) is your responsibility, unlesswe have been negligent.2.4 Normal insured risksWe will not include the cost of repairing faults,or damage caused by freezing weather conditions,subsidence, structural repairs, accident, fire, lightning,explosion, flood or storm. You should check yourbusiness insurance to make sure you have enoughcover for these risks.2.5 OtherWe will not include the following:n Systems where the Boiler exceeds 70kW net inputor is an unconventional burner type (for example,forced draft)n Replacing the Boiler for any reasonn Improvements/upgrades - including work that isneeded to bring your system up to current standardsand regulations. Examples of improvements includeSystem upgrades, such as adding thermostaticradiator valves, replacing parts such as flues or ventsthat do not meet current standards, and replacingworking radiators with improved models (these areexamples only, not a complete list). You may needto have improvements carried out before we are ableto complete other repairs to your Systemn Replacing or repairing parts that do not affect howthe System works or decorative or specialist partsn Resetting controls (for example, thermostats andprogrammers following changes due to winteror summer)n Repairing faults or clearing physical blockages(such as rubble, sludge and scale, air locks as aresult of a System design fault) if we have told youpermanent repairs or improvements are needed tomake sure your System works properly. We will onlytell you this if, in our expert opinion, it is necessaryn Removing asbestos associated with repairing theSystem. When you have had any asbestos removed,you must give us a clean-air certificate before we willdo any further work at your propertyn Cash alternatives for repair or maintenancen Repairing any damage caused by our work orredecorating, unless we or our agents have beennegligent or broken this agreementn Repairing or replacing any lead or central heating ironpipesn The cost of repairing damage or breakdowns causedby changes to, or problems with, the gas, electricityor water servicesn Repair or replacing building energy managementsystems3. About Your Agreement3.1 Service coverageThere are a few areas of Great Britain where we do notprovide agreements. If this affects you, we will tell youwhen you apply.3.2 Period of agreementYour agreement runs for 12 months from the date itbegins, or is subsequently renewed, until you or wecancel the agreement (see ‘Cancellation’). You maycancel the agreement in advance of an anniversary.We will contact you about renewal before eachanniversary with details of any change to theTerms and Conditions or price.3.3 Start date and paymentYour agreement begins when we have processedyour application.3.4 Moving premisesIf the Business Premises are relocated, please notifyus as soon as possible about any change of address(we may require you to provide us with a recordof a change of address) and we can cancel youragreement or you can request that a new BusinessCareagreement commences at your new Business Premiseswhere we will arrange for a First Service (please referto section 3.5).3.5 First ServiceWe will inspect your System or Boiler to make sureit is safe and in good working order. Your serviceengineer will fill in a report to show you what he or shehas checked. We will normally do the First Servicewithin 28 days of the beginning of the agreement wherepossible. However, as we give priority to breakdowns,it can be later if there is a lot of demand for our services.If the First Service reveals a problem, we may:n Tell you what work is needed to bring your Systemor Boiler up to standard before the agreement cancommence and what it will cost you for that workto be donen Cancel the agreement and refund any money paidexcluding the cost for a Gas Safety RecordWe will not carry out a First Service if we have alreadycarried out an Annual Service at the Business Premiseswithin the last 12 months.3.6 Annual ServiceWe will normally carry out an Annual Service at thesame time as the First Service. If we do not carry outa First Service because we have already carried outan Annual Service at the Business Premises within thelast 12 months, we will normally arrange for your FirstService, 12 months from the date we last inspectedthe System or Boiler.After that, we will carry out an Annual Service oncein every year of your agreement. We will aim to carryout the Annual Service around the same time each yearwhere possible. This will depend on our workload andyour preference for an appointment. As long as we canget into your Business Premises, we will always makesure we check that your System or Boiler is safe.You can also call us at any time to arrange or rearrangeyour Annual Service.3.7 Gaining access to the Business PremisesWe will agree with you a suitable time and date forthe First / Annual Service visit to take place. Ourappointment times are 8am – 5pm (Monday to Friday).Where you ask us to complete the First / AnnualService outside of these times, such a visit maybe subject to an additional charge.We will let you know when it is time to carry outa First/Annual Service. It is your responsibilityto arrange appointments and to let us into theBusiness Premises. If we cannot gain access to theBusiness Premises, we will be unable to carry outthe necessary First/Annual Service or repair. If thishappens, we will tell you so that you may arrangeanother appointment. If you do not arrange anappointment or we cannot gain access, the agreementwill continue even though we have been unable to carryout the First/Annual Service. If, after several attempts,you have not made an appointment or we still cannotgain access, we may cancel your agreement. We willtell you in writing if this is the case.3.8 CancellationWe may cancel your agreement in thefollowing circumstances:n If you have given false informationn If you do not make an agreed paymentn If we find the Boiler type exceeds 70kWnet input or is an unconventional burner type(for example, forced draft)n If we find something wrong at the First Servicen If we have advised you that permanent repairsor improvements are needed to make sure yourSystem works properly, and that you do not followour advice within a reasonable period. This advicemay include replacing your boiler and/or any partof your Systemn If we are not reasonably able to find parts to keepyour System working safelyn If circumstances arise (including health andsafety issues) which make it inappropriate for theagreement to continuen If your System or Boiler is changed without ourprior approvaln If we give you reasonable notice that we aregoing to canceln If we cannot gain reasonable access to yourSystem or Boiler due to a design faultIf we cancel your agreement, we will:n Give you a full refund if we find something wrongat the First Service which you choose not to rectify(HeatSure and HeatSure4 only)n Give you a refund based on how long is left of any12-month Direct Debit payment you have alreadymade (HeatSure & HeatSure4 only)n Not refund the cost of performing and producingthe Gas Safety Record (unless previously agreedotherwise with you)If you cancel the agreement with us, we will notnormally give a refund unless you permanently leavethe address where the System or Boiler is located(we may require you to provide us with a recordof a change of address). We would then normally giveyou a refund based on how long is left of any 12-monthperiod for which payment has already been made,save for any deduction made for our administrationcosts. You and we may agree to credit any refundagainst a new BusinessCare service agreementat any new Business Premises.If you cancel your agreement for other reasons(or we cancel it as a consequence of your paymentbehaviour) in any year, we may charge you an amountthat brings your total payments in that year up to theamount that would otherwise have been payablebut for the cancellation.3.9 Safety adviceWe may advise you that permanent repairs orimprovements are needed to make sure the Systemor Boiler works safely (for example, to comply withGas Safety (Installation & Use) Regulations 1998).If you do not follow our advice, it may mean thatwe are unable to fulfil all of our obligations under theagreement. In this case, the agreement will continueto run unless you tell us you would like to cancelor if we cancel the agreement (see ‘Cancellation’).3.10 LabourThe BusinessCare agreement is with British GasTrading Limited. The service provided under thisagreement will be fulfilled by Connaught ComplianceGas Services Ltd who employs registered serviceengineers who have appropriate qualificationsin order to ensure that the work they carry out is inaccordance with the Gas Safety (Installation & Use)Regulations 1998.3.11 Getting to your SystemWe include our cost of getting to your System or Boiler(parts and labour) up to £1,000 (including VAT) for eachbreakdown, for example, pipes or wiring buried in walls.We do not include any costs associated with providingspecialist equipment to gain access to your System forthe First/Annual Service inspection (including, but notV3 May 2009