Terms & Conditions

Terms & Conditions

Power On Technologies Ltd trading as The Electric Storage Company

These are the terms and conditions to be entered into and adhered to by you in relation
to the use of the TESC ONE service.
1. Definitions
1.1 ‘Agreement’ means these terms and conditions (Terms) which apply to the Service
provided by Us to You to be programmed onto your Battery for the duration of the Term
at the Property.
1.2 ‘Battery’ means the battery situated at the Property and used to store power and monitor
the use of electricity at the Property.
1.3 ‘Commencement Date’ means the date of first payment for the Service.
1.4 ‘Data Protection Legislation’ means the General Data Protection Regulation (EU
2016/679) and any national implementing laws, regulations and secondary legislation, as
amended or updated from time to time in the UK and any successor legislation to the
1.5 ‘Day/ Night tariff’ means the Economy 7 tariff or any other similar tariff producing
equivalent results.
1.6 ‘Party’ means You or Us.
1.7 ‘Personal Data’ means certain household data and all personal data (as defined in the
Data Protection legislation) as in accordance with section 8 of this Agreement.
1.8 ‘Portal’ means the online TESC portal (the Net Hero portal) which will include details of
your personal information (as noted in section 8.1), if any of these details change you
must update these on the portal as soon as is reasonably possible.
1.9 ‘Property’ means your property where the Battery will be installed for the duration of the
1.10 ‘Service’ means the TESC ONE service as defined at section 4 herein.
1.11 ‘Term’ means an initial period of one year from the Commencement Date and unless
otherwise terminated, such further consecutive one-year periods in accordance with the
terms herein.
1.12 ‘TESC’, ‘We’, ‘Us’, ‘Our’ means Power On Technologies Ltd (company
number:NI643146) whose registered office is at 10-16 Coast Road, Cushendall,
Ballymena, Antrim, Northern Ireland, BT44 0RU trading as The Electric Storage
Company, or its successors or assigns.
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1.13 ‘You’, ‘Your’ means the customer, person, persons or entity who enters into this
Agreement with Us for the Provision of the Service.
1.14 Unless otherwise defined herein, all terms beginning with a capital letter which are
defined in the Agreement shall have the same meanings herein.

2. Term
2.1 This Agreement shall commence on the date the Service begins and shall continue for
the duration of the Term, unless terminated earlier in accordance with section 2.2 or 2.3.
2.2 TESC may terminate this Agreement immediately upon providing written notice to You.
2.3 Should You decide that You do not wish to participate, You may terminate this Agreement
by giving written notice to TESC within 14 days from the date of commencement of this
Agreement and TESC will on receipt of such written notice cancel the Service and refund
the full amount of the Fee to You.
2.4 On termination or expiration of this Agreement for any reason, TESC will stop the Service
within 10 working days.

3. Your obligations
3.1 Your obligations under this Agreement to ensure the proper workings of the Service and
to increase the likelihood of savings on your electricity bill, are as follows:
3.1.1 To get maximum value of the Service, You are strongly advised to liaise with
Your contracted energy provider to amend Your current electricity plan and
establish a Day/Night tariff. TESC will hold no responsibility in relation to your
decision to change energy tariffs, nor any costs associated in relation to
3.1.2 ensure the Battery is operational and remains operative for the duration of the
3.1.3 use reasonable endeavours to ensure the Battery is TESC ONE compatible.
If You have any queries as to whether your current battery is TESC ONE
compatible, please feel free to contact Us before You agree to the provision
of the Services. Save for term 2.3, once You have accepted these Terms and
provided payment for the Service, we cannot offer a refund if your Battery is
3.1.4 ensure You have broadband installed in the Property, the Battery is
connected to it, that it is kept in good working order and is switched on at all
3.1.5 maintain an active electricity supply for the duration of the Term, if the
Property has a pre-paid meter You must ensure there are adequate funds at
all times for the duration of the Term;
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3.1.6 You inform us immediately if you become aware of any fact or incident that
may cause danger or requires urgent attention relating to the Battery, the
Service or its use;
3.1.7 You inform Us as soon as is reasonably practical of any works, modifications
or alterations being done to the Property in any way which may affect the
functionality of the Battery, the Service and its connection with the broadband;
3.1.8 You must ensure to inform Us as soon as possible if You have added an
electric vehicle to the Property;
3.1.9 You must inform Us as soon as possible if there has been any change
(including any increase or decrease) to onsite renewable energy generation,
and any change to the household heating type at the Property; and
3.1.10 If You are a tenant occupying a property that has a Battery You must ask your
landlords permission before availing of the Service. If you decide to leave
your rented Property you must inform Us of same as soon as possible in order
to end the Service.

4. Service
4.1 The service provided pursuant to this Agreement relates to the TESC ONE service, which
will manage the Battery via your broadband service. The TESC ONE service is as
4.1.1 TESC will remotely manage the Customer’s battery to ensure that it is
operating at its most efficient in relation to the Customer’s electricity
generation and consumption profile, at times charging during the night to take
advantage of cheaper night time electricity rates.
4.1.2 TESC will provide You with access to the Portal where You can get further
insights on their electricity usage.
4.1.3 The TESC ONE service will be enhanced by the use of day/night
tariffs. TESC will not manage or be responsible for the Customer’s tariffs.
4.1.4 TESC will be available to support the Customer’s with issues experienced
with the battery installation by TESC and/or issues with the Portal.
4.1.5 TESC will initially seek to resolve any issues remotely.
4.1.6 In relation to the issues identified in 4.1.4, if TESC identify that a call out is
necessary, this will be included as part of the TESC ONE service.
4.1.7 Any issues that will require investigation by the battery manufacturer will be
managed by TESC on behalf of the Customer.
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4.1.8 TESC will not support any issues relating to a defective broadband service.
The Customer must ensure that the battery has continual internet connectivity
to benefit from the TESC ONE service.
4.2 It is Your responsibility to activate Your Portal after receiving the Service email from Us,
inputting the details required and ensuring these details are kept up to date.
4.3 Details for the customer service can be found on the TESC website.
5. Price
5.1 The price for the Service per Term will be as advertised from time to time on the TESC
website, to be payable by You to Us when you subscribe for the System via our online
billing system (the Fee).
5.2 If You are offered a free trial period at the sole discretion of TESC, You will be offered
the Service free of charge for 1 year from the date of purchase (the Free Trial Period).
At the end of the Free Trial Period, You will be responsible for payment of the Fee, unless
otherwise terminated in accordance with this Agreement.
5.3 The Fee will be taken from your account on each anniversary of the Commencement
Date unless otherwise terminated in accordance with this Agreement.
5.4 Any amounts refundable in accordance with term 2.4 shall be returned to Your original
account using the original payment details provided.
6. Indemnity
6.1 You shall indemnify Us against all liabilities, costs, expenses, damages and losses
(including but not limited to any direct, indirect or consequential losses, loss of profit, loss
of reputation and all interest, penalties and legal costs (calculated on a full indemnity
basis) and all other reasonable professional costs and expenses) suffered or incurred by
Us arising out of or in connection with any breach by You of the obligations contained in
section 3.

7. Ownership
7.1 The Service shall at all times be the property of TESC. You shall have no right, title or
interest in or to the Service.

8. How we may use Your personal information
8.1 On entering into the Agreement and throughout its Term, We, and our suppliers, agents
and third-party providers, (as and when required) will hold some of Your personal data
including Your name, address, telephone number, email addresses and bank details.
During the term of the Agreement we will also collect, monitor and store your electricity
usage readings. This electricity consumption and generation data will also be retained by
Us following termination of this Agreement. The purpose of this condition is to clearly
describe how we process Your Personal Data, how we respect Your privacy, and how

You may exercise Your right to receive a copy of that personal data. More information on
the processing of Your personal data is contained in our privacy policy, which can be
found at https://www.theelectricstoragecompany.com/privacy-policy/.
8.2 Information and personal data that You provide to Us or that we hold may be used by Us
their respective employees and/or agents to:
8.2.1 retrieve and monitoring of electrical consumption and production data
produced by the renewable energy source as collected from the Battery, and
the energy charged and discharged to and from the grid;
8.2.2 Type and location of the Property;
8.2.3 To identify You when You make enquiries or to contact You through mail,
telephone or other electronic means;
8.2.4 To help administer any accounts, services and products provided by Us to
You now or in the future;
8.2.5 For internal market research and analysis relating to the Service or for
demonstrating and testing systems;
8.2.6 We may monitor or record telephone calls received by our team for security
purposes or to monitor or improve our customer standards of service or to
help prevent or detect fraud; and
8.2.7 In circumstances where You have provided false or inaccurate data and fraud
is suspected, we may provide Your data to appropriate credit reference and
fraud prevention agencies and law enforcement agencies including the Police
and HMRC.
8.3 You hereby consent to the collection and processing of Your Personal Data as set out in
sections 8.1 and 8.2 of this Agreement.
8.4 Information and Personal Data can be shared between Us and third parties as to provide
and/or receive services in relation to this Agreement in order to fulfil our obligations. For
the avoidance of doubt, where consumption data is shared it will be anonymised.
8.5 You are entitled to a copy of the Personal Data that we hold about You, as provided for
under the Data Protection Legislation. You also have the right to require us to correct any
inaccuracies in your information.
8.6 On entering into the Agreement, You automatically opt in to receiving marketing emails
from Us. If you decide to terminate the Agreement, you agree to allow us to retain Your
personal details supplied by You in order to be contacted for marketing purposes in future.
If, at any time, You wish to opt out or amend your marketing preferences, You can do this
by contacting Us directly or follow the directions to opt-out in the footer of any marketing
emails received from Us.

9. Liability
9.1 These restrictions on liability apply to every liability arising under or in connection with
this agreement including but not limited to liability in contract, tort (including negligence),
misrepresentation, restitution or otherwise.
9.2 Subject to section 9.3, Our total liability (including any liability for the acts or omissions of
its employees, agents and subcontractors) shall not exceed £10,000,000.00.
9.3 Nothing in this agreement limits any liability which cannot legally be limited including but
not limited to liability for:
9.3.1 death or personal injury caused by negligence;
9.3.2 fraud or fraudulent misrepresentation; and
9.3.3 breach of the terms implied by section 8 of the Supply of Goods (Implied
Terms) Act 1973
9.4 These terms and the Agreement set forth the full extent of TESC’s obligations and
liabilities in respect of the Service. In particular, there are no conditions, warranties or
other terms, express or implied, including as to quality, fitness for a particular purpose or
any other kind whatsoever, that are binding on TESC except as specifically stated in this
agreement. Any condition, warranty or other term concerning the Service which might
otherwise be implied into or incorporated within this agreement, whether by statute,
common law or otherwise, is expressly excluded.
9.5 TESC, its successors and assigns shall not be held liable, in any event, for any savings
not achieved by You in using the Service. You agree to use the Service at your own risk
of attaining additional savings.
9.6 Subject to section 9.3 and 9.5, neither party shall be liable under this Agreement for any:
9.6.1 loss of profit;
9.6.2 loss of revenue; or
9.6.3 loss of business
in each case, however caused, even if foreseeable.

10. Entire agreement
10.1 These Terms are the entire agreement between You and us in relation to its subject
matter. You acknowledge that You have not relied on any statement, promise or
representation or assurance or warranty that is not set out in these Terms.
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10.2 TESC may at any time assign, mortgage, charge, subcontract, delegate, declare a trust
over or deal in any other manner with any or all its rights and obligations under this
10.3 You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust
over or deal in any other manner with any of its rights and obligations under this

11. Governing law and jurisdiction.
11.1 Save for term 11.2, these terms and conditions are governed by Northern Irish law and
we each irrevocably agree to submit all disputes arising out of or in connection with the
Agreement to the exclusive jurisdiction of the Northern Irish courts.
11.2 If, however, you are not accessing the Service from Northern Ireland, the laws of your
jurisdiction shall govern these terms and you agree that to submit all disputes arising out
of or in connection with the Agreement to the exclusive jurisdiction of the Northern Irish