TERMS AND CONDITIONS

Data Policy
Last updated: March 29th 2008

Data Controller
Any personal information that you provide on this website is controlled by Optimum Energy Solutions Limited (company number 6470669) whose registered address is 32 Windley Crescent, Darley Abbey, Derby DE22 1BY. These terms and conditions detail how the Optimum Energy Solutions website (the “Site“ or "Website") can be used. If you use the Website you agree to be bound by these terms and conditions.

GENERAL

Definitions
In these terms and conditions, "we" and "us" mean Optimum Energy Solutions.

Your personal information
Occasionally you will be asked to submit personal information about yourself (e.g. name, address and email address) in order to receive or use services on our website. Such services include information and advice, quotes for energy efficiency and micro generation improvements to your property, and Home Information Packs.
By entering your details in the fields requested and pressing 'Submit', you are consenting to the processing of your information by Optimum Energy Solutions and its agents in accordance with this Data Policy. You may also provide personal information to us when you contact us by email, telephone or letter. Whenever you provide such personal information, we will treat that information in accordance with this policy. Our services are designed to give you the information that you have requested. Optimum Energy Solutions will, at all times, act in accordance with current legislation and aim to meet current Internet best practice.

Use and storage of your personal information
When you supply any personal information to Optimum Energy Solutions we have legal obligations towards you in the way we deal with that information. We must collect the information fairly, that is, we must explain how we will use it. This Data Policy explains how we will use your personal information. The 'Data Protection Notice' that you will find present whenever personal information is collected will provide additional information about how your personal information will be used by Optimum Energy Solutions.
We will use personal information provided by you or gathered by the Optimum Energy Solutions for the following purposes:
To process and respond to requests, enquiries and complaints received from you
To provide services requested by you
To communicate with you about services provided to you
To process payments
To update our records
To analyse trends and profiles
For audit purposes
To carry out customer satisfaction research
To prevent or detect fraud
To recommend products and services that we believe will be of interest to you
To enable third parties to carry out any of the purposes above on our behalf
If you are notified that your personal information may be used to allow Optimum Energy Solutions to contact you for 'service administration purposes', this means that Optimum Energy Solutions may contact you for a number of purposes related to the service you have signed up for. For example, we may wish to provide you with password reminders or notify you of a particular service that has become available or been suspended or changed.
We may occasionally contact you for promotional purposes, such as notifying you of new offers and grants relating to sustainable energy use.
We will hold your personal information on our systems for as long as is necessary for the purposes set out above and we will remove it when the purposes have been met, unless you opt-in for future communications with us.
Where you have opted-in to future communications, we will, on each subsequent communication, offer you an easily executable 'opt-out' option, which will allow you to remove yourself from any future mailings.
If on registration to any of our services on the Site (or on amendment of your registration details) you provide Optimum Energy Solutions with an email address that will result in any emails Optimum Energy Solutions may send you being sent to you via a computer network operated by or on behalf of your employer or educational establishment (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that Optimum Energy Solutions may stop sending any emails to such address without notifying you, even if you have subscribed to receive them or any other service, if we receive a request from your employer or educational establishment (or otherwise) to stop sending emails to that address.

Sharing of your personal information
Optimum Energy Solutions may share your personal information with third parties in the following ways:
We sometimes use agents and service providers to process personal information on our behalf, to survey and collect data on properties, and to carry out installation of energy efficiency or micro generation home improvements, and to collect. Where we use agents and service providers to process your personal information, we will ensure that they have adequate security measures in place and are governed by our privacy policies in respect to the use of your personal information
We will release your personal information when we are required to do so by law
We will release your personal information to others when you have given your consent to that release
Optimum Energy Solutions may occasionally present a promotion that is sponsored by a third-party company. To qualify for entry, we may ask you to provide personal information. If we plan to share that information with the sponsor(s) we will make this clear at the point of collection of your information

Use of Cookies
During the course of any visit to Optimum Energy Solutions website, the pages you see, along with something called a cookie, are downloaded to your computer. Most, if not all, websites do this, because cookies allow the website publisher to accumulate useful data such as whether the computer (and sometimes its user) has visited the site before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit.
We use cookies to help us to provide you with a better service and to assist us to analyse the profile of our visitors. From time to time we will review the information cookies provide on how the site is used in order to improve navigation and increase the relevance of content.

What is a cookie?
When you enter a site your computer will automatically be issued with a cookie. Cookies are text files that identify your computer to our server. Cookies in themselves do not identify the individual user, just the computer used. Many websites do this whenever a user visits their site in order to track traffic flows.

Cookies themselves only record those areas of the site that have been visited by the computer in question, and for how long. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, of course, means that certain personalised services cannot then be provided to that user.

Access to your personal information
You have the right to request a copy of the personal information Optimum Energy Solutions holds about you and to have any inaccuracies corrected. We will ask for confirmation of identity before we disclose any personal information and may charge a £10 administration fee to process the request. Please address requests to the Data Protection Officer, Optimum Energy Solutions, 32 Windley Crescent, Darley Abbey, Derby DE22 1BY.

Terms of Use
These Terms of Use govern your use of Optimum Energy Solutions’ website. By using the website you are indicating your acceptance of these Terms of Use. Optimum Energy Solutions may update the Terms of Use from time to time.

Copyright
The information and images contained on our websites are the property of Optimum Energy Solutions and are protected by copyright laws. All software used on this website is the property of Optimum Energy Solutions or our software suppliers and is protected by copyright laws. The content of websites may not be distributed, modified, reproduced in whole or in part without the prior written permission of Optimum Energy Solutions.
Material may be downloaded free of charge or printed without requiring specific permission. This is subject to the material being reproduced accurately and not being used in a derogatory manner, in a misleading context or for commercial purposes. Where this material is being issued to others, the source (including web address) and copyright status must be acknowledged.
If you provide hyperlinks to this Site, you agree that you:
may link to, but may not replicate, any Content;
shall not frame or otherwise create a browser or border environment around any Content;
shall not imply that Optimum Energy Solutions is endorsing you or your products or services;
shall not misrepresent you or your website's relationship with Optimum Energy Solutions;
shall not present false, misleading or inaccurate information about Optimum Energy Solutions or Optimum Energy Solutions’ products or services on your website or otherwise disparage Optimum Energy Solutions’ products or services;
shall not use Optimum Energy Solutions’ logos, trade marks, service marks or the suchlike without express prior written permission from Optimum Energy Solutions 
shall not include content on your website that is or could be construed as illegal, distasteful, offensive or controversial, which infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations and you shall include on your website only content that is appropriate for all age groups;
shall not remove or obscure any of the information, Content or notices contained on the Site;
shall not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present Content of this Site on another website without Optimum Energy Solutions prior written permission;
shall not link to a website that is not owned by you;
shall inform Optimum Energy Solutions in writing of the link; and
shall immediately discontinue the link if instructed to do so by Optimum Energy Solutions.
Optimum Energy Solutions expressly reserves the right to revoke the right granted in this section for any breach of these Terms of Use and to take any further action it deems appropriate in respect of such breach.
Trade Marks

“Optimum Energy Solutions” logo and other marks used on Optimum Energy Solutions’ websites are Optimum Energy Solutions’ trade marks and may not be used without Optimum Energy Solutions’ prior written permission.

Disclaimer
YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION YOUR DOWNLOADING OF ANY SOFTWARE OR DATA) IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OPTIMUM ENERGY SOLUTIONS EXCLUDES ITS LIABILITY AND THAT OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, SUB-CONTRACTORS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND ANY PRODUCTS OR SERVICES OFFERED FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH ITS PRODUCTS OR SERVICES, THE USE OF OR ACCESS TO THIS SITE OR CONTENT, OR THE INABILITY TO USE THIS SITE, ANY WEBSITES LINKED TO THIS SITE OR THE CONTENT OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION: THE INADVERTENT DOWNLOADING OF COMPUTER VIRUSES FROM THE SITE OR FROM E-MAILS SENT FROM THE SITE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITES LINKED TO THIS SITE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT OR EXCLUDE THE USER'S STATUTORY RIGHTS AS A CONSUMER (IF ANY).

IF YOUR USE OF MATERIAL ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
You agree to indemnify Optimum Energy Solutions against any claims, demands or proceedings brought against Optimum Energy Solutions by any third parties if they are a result of your use of this Site or your other actions or omissions or where Optimum Energy Solutions suffers any loss or damage as a result of your breach of these Terms of Use. Your "use" of this Site includes any use by third parties where those parties access this Site using your computer. In such circumstances, you agree to pay Optimum Energy Solutions all costs, damages and expenses (including reasonable legal fees) awarded against Optimum Energy Solutions or otherwise incurred by Optimum Energy Solutions, arising from any claims, or legal proceedings.
While the Content on this Site may include inaccuracies or typographical errors, if errors are brought to our attention, we will try to correct them. Please use the contact us page to notify us of any errors so that we can correct them. Optimum Energy Solutions reserves the right to make changes periodically to this Site at any time and without notice. However, Optimum Energy Solutions makes no commitment to regularly update the information contained in this Site. While Optimum Energy Solutions has taken all reasonable effort to ensure that the information contained within the web site is correct, you should be aware that the information it contains may be incomplete, incorrect, or may have become out of date.
Optimum Energy Solutions does not guarantee that access to and use of Optimum Energy Solutions’ websites will be uninterrupted or error-free.
The Site may contain links to websites owned or operated by parties other than Optimum Energy Solutions. Such links are provided for your convenience only. If you use these links, you may leave the Site or, alternatively, the link and third party website content may be framed within this Site. Optimum Energy Solutions has not reviewed all of these third party websites or such framed content, and does not control, and is not responsible for their operation nor for the content on or privacy policies on, or the security of, such websites. Without limiting the foregoing, Optimum Energy Solutions specifically disclaims any responsibility if such websites:
infringe any third party's intellectual property rights;
are inaccurate, incomplete or misleading;
are not merchantable or fit for a particular purpose;
do not provide adequate security;
contain viruses or other items of a destructive nature; or
are libellous or defamatory.
You can apply for and buy a number of products and services via the Website. Please be aware that the majority of products and services that appear on the Website are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services before contracting with the third parties. We accept no liability for any products or services or information provided by third party providers. The third party providers will be supplying products and services on their own standard terms and conditions and you should check that you agree to those terms and conditions before making an application.
Please note that all third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.

Complaints
Our aim is at all times to provide you with an excellent service. However, if you are unhappy with our service for any reason, please contact our Customer Services Team at our address given above, by telephone on 0845 234 3038 or by email at feedback@optimumenergysolutions.co.uk.

We will acknowledge receipt of your complaint, in writing, within 5 business days and we will inform you of the name or job title of the individual handling the complaint (together with details of our internal complaint handling procedures). We may combine the acknowledgement of the complaint with our final response, but in any event we aim to resolve complaints at the earliest opportunity. When we send a final response we will inform the complainant of their right to refer the complaint to the Financial Ombudsman Service should they not be satisfied with the final response, and that they must do so within six months. We will enclose a copy of the Financial Ombudsman Services explanatory leaflet when we send the final response.

If you are unhappy with any product or service that you have been introduced to through any of our channels, we recommend that you approach the provider of that product or service direct. If you require any provider's contact details, please contact our Customer Services Team who will be happy to assist.

If we are unable to resolve your complaint through our internal complaints procedure, you may be able to refer it to The Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London, E14 9SR; Telephone: 0845 080 1800; Email: enquiries@financial-ombudsman.org.uk; Website www.financial-ombudsman.org.uk.

Payment
You shall pay any fees and/or other charges incurred by you in accordance with the payment provisions set out on the Website from time to time.
Full payment for products where required which would typically be for a Home Information Pack on the Optimum Energy Solutions website should be made at the time of booking, in the secure area of the Website. Payment methods other than those stated on the Website will not be accepted. We reserve the right to charge you for any handling fees that we or the provider incur in respect of your booking. You will be informed of such charges before they are incurred.

Payment for other products and services will be made on the relevant provider's website.

Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.