1. Terms and Conditions for your tado° smart thermostat

This is a contract for the provision of tado° Hardware and its installation at Your ("You" the customers) home and is in consideration of You performing Your obligations under this contract. If your tado° Hardware has been provided as part of an energy tariff or competition prize there may be additional terms and conditions that apply which will have been provided when You agreed Your energy tariff or entered a competition. The downloading and use of tado° Software and services requires You to set up an online account with tado° which is subject to tado°'s terms and conditions.
1.1 'We', 'us' or 'our' means E.ON Energy Solutions Limited or for the purposes of installation E.ON Energy Installation Services Limited (or sub-contractor);
1.2 'Hardware' and 'goods' means the internet bridge and smart thermostat (which could include an extension kit, extra thermostat and/or smart thermostatic radiator valves where applicable) which will be installed into Your home;
1.3 'Software' means the mobile app which requires You to set up an account with tado°. The mobile apps are made available through the various stores for mobile applications (iOS App Store, Android Play Store, Windows Store, etc). The Web applications are available via the tado° Website;
1.4 'Tado°' means the manufacturer of Your smart thermostat (and extension kit where applicable) Hardware and the provider of the associated Software;
1.5 'Warranty' and 'warranty period' means the warranty for the Hardware provided by tado° details of which are at www.tado°.com/gb/terms-and-conditions.
1.6 'Payment' 'Price' 'Cost' means the amount You have paid for the tado° Hardware.

2. Your Responsibilities Before Your E.ON Installation

2.1 Before We install the tado° Hardware You must ensure that:
2.1.1 Your broadband internet connection is fully operational to support the tado° Hardware and Software; and
2.1.2 Your mobile phone is compatible with tado° Software and You have a valid data plan if You intend to access the tado° mobile app outside of a Wi-Fi connection (You can see the minimum system requirements on the support and FAQs sections of tado°'s Website (tado°.com).
2.2 If You are a tenant, You may need Your landlord's permission to carry out the work required to install Your tado° Hardware. It is Your responsibility to obtain this permission prior to the installation and We accept no responsibility for this permission not being in place.

Using tado°

2.3 You agree to use tado° Hardware, Software and services (such as geo-location control, reports, push notifications) only in accordance with the product specifications as described on the heating section of tado°'s Website (tado°.com). We shall be not liable for any costs, losses or damage that You suffer as a result of not doing so, or as a result of a problem caused by Your mobile phone, computer, tablet or internet connection.
2.4 You are responsible for any costs that You incur as a result of exceeding the permitted data limit on Your broadband or mobile phone data plan.
2.5 You are responsible for any loss or damage caused as a result of any unauthorised downloading or upgrading the Software connected to tado°.
2.6 You are responsible for restricting access to Your mobile phone, tablet and/or computer to prevent unauthorised use of Your tado° account and We advise You to keep Your log-in details secret and to use pin protection on Your mobile phone to prevent unauthorised use of Your tado° account.
2.7 You are responsible for replacing any batteries in Your tado° products in accordance with the manufacturer's instructions.
2.8 We shall not liable for any cost, loss or damage that You suffer as a result of any unauthorised use of Your tado° account (e.g. if Your mobile phone or log-in details are lost or stolen).
2.9 If You believe that someone has gained unauthorised access to Your tado° account, You should as soon as possible report this to tado° on 0203 893 2059 (local call charges apply and mobile charges may vary) opening hours are subject to seasonal change and can be found on the support section of the tado° Website (tado°.com).

3. Our Responsibilities Installation (where installation will be undertaken by E.ON)

3.1 We will provide, install and configure Your tado° Hardware smart thermostat/s, extension kit (if applicable) and extra smart thermostat (if purchased) at Your home.
3.2 Once You have confirmed Your installation appointment We (or our sub-contractor ) will install Your tado° Hardware during normal working hours (8am to 4pm Monday to Friday). For the installation appointment to take place You'll need to ensure that You, or someone over the age of 18, is at Your home for the duration of the appointment as We'll need access to Your home at all times whilst tado° Hardware is being installed.
3.3 If You cancel the appointment with less than one working days' notice, We are unable to gain access to Your home or We're unable to complete the installation of Your tado° Hardware because You've not complied with Your responsibilities set out in Clause 2, We will make a further appointment with You to complete the work at no extra cost. If You don't keep to the agreed appointment time for the installation or the installation can't be completed on the 2nd or 3rd occasion (as a result of your fault or failure to comply with this contract), We'll charge You for the installation and We may cancel Your contract. If We cancel Your contract pursuant to this Clause, it will not affect ownership of Your tado° Hardware.
3.4 We're not responsible for any delay caused to Your installation due to You cancelling an appointment, us being unable to gain access to Your home, or as a result of adverse weather conditions or any other circumstances beyond our reasonable control.
3.5 The installation, repair or replacement of Your tado° Hardware (including removing or dismantling existing fixtures and fittings) may cause some damage to the decoration and finish of Your home. We will take reasonable care to carry out the installation or repairs without causing damage and We will make good damage that is caused by our negligence, however, any other repairs or redecoration (for example patches left exposed due to a change in size of the smart thermostat) are Your responsibility.
3.6 We will not be responsible for repairing or replacing parts of Your central heating system if it does not work properly following installation (for example because Your water supply becomes inadequate or the water pressure varies) unless this is proven to be directly caused by the negligent installation of Your tado° Hardware.
3.7 All engineers reserve the right not to complete an installation if they feel that their or Your personal safety is at risk. If the installation would breach any regulations relating to electrical standards or gas safety, the installation will not take place and any payment made for Your tado° Hardware will be refunded subject to the conditions in Clause 5.
3.8 The contract price does not include the cost of removing any dangerous waste materials, such as asbestos, which should be removed before We start any work. If We become aware of such material when undertaking the work We will be unable to complete the installation, Your contract will be cancelled and any payment made for Your tado° Hardware will be refunded subject to the conditions in Clause 5.

Updates

3.9 From time to time tado° may need to update Your Software and/or the firmware on the internet bridge. If Your own equipment (such as Your mobile phone) does not support this upgrade, this could affect the functionality of tado° by preventing You from using the Software fully. We recommend that You always keep the tado° app and Your mobile phone's operating system up to date.
3.10 The tado° website, mobile app and services may be temporarily unavailable if tado° have to carry out routine or emergency maintenance. During maintenance the remote control function and the ability to amend time schedules may not be available but You can still control the temperature of Your heating using the controls in Your home.

Repairs & Warranty

3.11 Your warranty is provided by the manufacturer tado° and lasts for 24 months from the date of delivery of Your tado°Hardware.
3.12 If Your tado° Hardware or Software develops a fault You should call tado° on 0203 893 2059 (Monday – Friday, 8am – 5pm) local call charges apply and mobile charges may vary these hours are subject to seasonal change and current times can be found within the support at FAQ's sections on tado°'s website (tado°.com).
3.13 We will try and contact You to carry out any repairs due to installation faults, but if You cancel the appointment with less than 1 working day's notice, We are unable to gain access to carry out the repairs or We're unable to repair Your tado° because you've not complied with Your responsibilities set out in Clause 2, We will make a further appointment with You to complete the work at no extra cost. However, if You don't keep to the agreed appointment time for the repair or the repair can't be completed on the 2nd or 3rd occasion (as a result of your fault or failure to comply with this contract), We'll charge You for the repair and We may cancel Your contract.

4. Our Liability

4.1 Nothing in this contract shall limit or exclude our liability for death or personal injury caused by our (or our sub-contractors) negligence, fraud or fraudulent misrepresentation or any other provision which is not permitted to be limited or excluded by law. 4.2 Our maximum liability in contract, tort or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with this contract is limited to £25,000.00 (twenty five thousand pounds). 4.3 We shall not be responsible if We can't fulfil the contract for reasons which are beyond our reasonable control, such as acts of God, fire, severe Weather conditions or industrial disputes/strikes. 4.4 We shall not be liable for any costs incurred through use of the tado° product in relation to Your energy bill. For example if an error is made when using the tado° app which results in Your boiler being on for longer than intended.

5. Ending this Contract Cooling Off

5.1 There is a cooling off period during which You may cancel this contract if You change Your mind. The cooling off period is 14 days from the date You receive the tado° Hardware. If You want to cancel the contract with immediate effect during the cooling off period, You must inform us by letter sent by post, email or telephone). However, We ask you do so by contacting our E.ON Energy Installation Services team on 0800 054 6250 lines are open 7am – 6pm Monday to Friday and 8am – 4pm on Saturday) calls are free from a landline but mobile charges vary. You may also use the model cancellation form at the end of this contract to cancel during the cooling off period, but it is not required.
5.2 If We have not begun the installation before You tell us You want to cancel the contract, We will cancel Your contract from the date We receive Your notice of cancellation and We will reimburse to You all payments received from You, including the costs of delivery.
5.3 If We have started the installation before You tell us You want to cancel the contract, but We have not completed the installation, We will remove all parts of the tado° Hardware that were installed at the time of cancellation and reimburse to You all payment received from You, including the costs of delivery less the costs We have incurred (including the costs of removal of tado° Hardware).
5.4 If You have asked Us to complete the installation before the end of the cooling off period (which includes arranging Your installation appointment in this time) You will lose the right to cancel the contract and it will continue, unless there have been issues or faults with the tado° Hardware or the installation (see Clause 7 below).
5.5 We will make any refund due using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the refund.
5.6 We may make a deduction from Your refund for loss in value of the tado° Hardware supplied, if the loss is the result of unnecessary handling (ie that above what is necessary to establish the nature, characteristics and/or functioning) by You.
5.7 We will make the refund without undue delay, and not later than: (i) 14 days after the day we received back from You any tado° Hardware supplied; (ii) (if earlier) 14 days after the day You provide evidence that You have returned the tado° Hardware; or (iii) if there was no tado° Hardware supplied, 14 days after the day on which We are informed about Your decision to cancel this contract.
5.8 If you have received the tado° Hardware and We have not begun the installation when You notified Us of Your cancellation We will send You a pre-paid returns label for the return of the tado° Hardware. The tado° Hardware must be returned in the original packaging and in a resalable condition to the address provided.

6. Complaints and other terms

6.1 We may need to make a change to the terms of this contract. We'll let You know if We make a change and put the changes on our website at eonenergy.com.
6.2 If We fail to deliver the standard of service You expect, We want to know about it so that We can try to put it right.
• If You wish to make a compliant regarding:

  • the installation of Your tado° Hardware please contact our E.ON Energy Installation Services team on 0800 054 6250 lines are open 7am – 6pm Monday to Friday and 8am-4pm on Saturday (calls are free from a landline but mobile charges may vary) or by emailing eoninstallationservices@eonenergy.com;
  • technical issues with the tado° Hardware or Software (including the app) please contact tado° on 0203 893 2059 local call charges apply and mobile charges may vary (Monday – Friday, 8am – 5pm) these hours are subject to seasonal change and current times can be found on the support and FAQ pages of tado°'s website (tado°.com)
  • the service You have received under this contract please contact our E.ON Energy Installation Services on 0800 054 6250 lines are open 7am – 6pm Monday to Friday and 8am – 4pm on Saturday calls are free from a landline but mobile charges may vary.

6.3 If our team are unable to resolve Your query; please ask to speak to a manager. They will independently assess Your complaint and do all they can to resolve things to Your satisfaction.
6.4 In the event Your complaint has been escalated but remains unresolved You can write to our Customer Service team at E.ON, PO Box 9069, Nottingham, NG1 9BU.

7. Delivery and Returns Process

7.1 Once You have confirmed delivery, Your order for the tado° Hardware cannot be cancelled. You do however have the right to cancel Your contract as set out in Clause 5 but You need to contact Us (see Clause 5.1) and return the tado° Hardware when delivered.

7.2 You have the right to cancel Your contract in accordance with Clause 5 and if Your tado° Hardware is faulty see Clauses 7.6 and 7.7 below.

7.3 Delivery of Your tado° Hardware will take between 5 and 10 working days following Your order being placed (unless We have stated otherwise). If You have not received Your order after this time or Your tado° Hardware has arrived damaged please contact us.

7.4 We will make reasonable attempts to deliver Your tado° Hardware to You which may involve multiple attempts. If We are unable to deliver Your tado° Hardware You may have to collect it from a depot. If you do not collect it from the depot within the timeframe the delivery service provider has suggested it may be sent back. If this happens We will refund You and cancel this contract.

7.5 If We are unable to install the tado° Hardware for whatever reason You will need to contact our E.ON Energy Installation Services team on 0800 054 6250 lines are open 7am – 6pm Monday to Friday and 8am – 4pm on Saturday (calls are free from a landline but mobile charges may vary) to arrange a refund and to receive instructions to send the products back. This will be at no cost to you.

7.6 If You need to return the tado° Hardware due to a fault after it has been installed this shall be done through tado°s aftersales support process. This will be at no cost to You if the tado° Hardware is faulty and You are within the 24 month warranty period.

7.7 If Your tado° Hardware is delivered damaged or is otherwise faulty You will need to contact Us on 0800 054 6250 (as above) and We will arrange the return at no cost to You and for a replacement to be sent.

8. Personal Data and Privacy

8.1 This section sets out how We use Your personal data for managing Your account for more information on sharing of data and Your rights You can also view Our Privacy Policy here.

Using personal data to manage Your account

8.2 If Your contract with Us is with more than one named person We will hold personal data in a common record. You need to get the other named person's agreement before You give Us information about them.
8.3 We may monitor and record our conversations with You for security, for example as evidence You have entered into a contract with Us, and also for training purposes and to help improve the quality of our services. We won't record information such as credit or debit card details.
8.4 In order to fulfil this contract We will have to share data within the wider E.ON Group and with 3rd parties to be able to deliver the product(s) and install it (if applicable).

9. Other provisions

9.1 Nothing in this contract affects Your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'). You may also have other rights in law.
9.2 This contract is governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.

Cancellation Form (for cancelling your tado Hardware)

To E.ON Energy Installation Services Ltd (tado product), Greenwood House, Westwood Business Park, Coventry. CV4 8TT; (b) EONInstallationservices@eonenergy.com

I/we [*] hereby give notice that I/we [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

For information about cancelling your E.ON energy tariff please refer to the separate terms and conditions for the tariff.