Standard Terms and Conditions for the supply of water and wastewater services to business customers in England and Scotland

Your Contract with us begins on the Contract Start Date. These Conditions apply from the Contract Agreed Date. They then continue unless the Contract ends in accordance with Condition 7. 

1.2.

In the event that there is any conflict or inconsistency between your Contract and these Conditions then these Conditions shall have precedence.

1.3.

You acknowledge and agree that we are entitled to amend the terms of any of the Contract Documents at any time provided that we give at least 30 days' notice of any material changes. Our notice to you will specify the effective date of the relevant amendment(s), and you will be deemed to have accepted any such amendment(s) if you continue to receive the Services after that date.

1.4. 

As well as your responsibilities under these Conditions, you agree that you will comply with any laws, permits, and consents which apply to you in relation to the Services, including but not limited to, any consent needed for trade effluent in accordance with the Water Regulations and, in relation to any meter or metering equipment at the Property.

1.5. 

You accept that you, or the Property owner, have responsibility for the water and wastewater pipe work in, on or under any Property, including responsibility for any loss of water or for any water or wastewater flooding arising from the condition of that pipe work. You will be the owner of, and responsible for (including for risk of loss and risk of flooding), the water supplied to you at the Connection Point. However, nothing in this Condition will transfer any risk we or Water & Sewerage Undertakers have under any duty placed on us or on Water & Sewerage Undertakers by any law.

1.6.  

You agree to tell us about any change to any Property, or to how it is used, that would result in it no longer being an Eligible Property. You also agree that you will tell us about any reassessment (including the date that reassessment applied from) of the rateable value of any Property resulting from any change of use, extension or addition to that Property.

1.7. 

You accept that it is your responsibility to inform us that you are a Microbusiness if your business has 10 or fewer employees.

1.8.

In providing Services to you, we will comply with the Directions, the Default Standards, and the Codes.

1.9.

If your premises is metered, you agree to submit a transfer read to us up to 5 days before your transfer date. If you do not, we will estimate a transfer read and will obtain a visual read at a later date.

2.1

You will find our charges, and the basis on which we work out our charges, in your Contract and in our Charging Statement.

2.2

The following conditions apply to your charges:

2.2.1.    If a Property is metered, your bills for water and wastewater Services will be based on meter readings or estimated meter readings.

2.2.2.    Bills for trade effluent Services will take account of the nature of the effluent discharged and will be made up of:

2.2.2.1.    A fixed charge based on the wastewater system’s capacity; this is called an Availability Charge in Scotland; and 

2.2.2.1.    A volumetric charge based on meter readings or estimated meter readings; this is called an Operational Charge in Scotland. We normally send out bills every month, every 3 months, or every year.

2.3.

In addition to our charges, we may also recover our reasonable costs if you fail to keep to your responsibilities under these Conditions. These may include, but are not limited to, costs in connection with:

2.3.1.    Recovering unpaid charges;

2.3.2.    Going to a Property because you have failed to comply with these Conditions;

2.3.3.    You failing to keep an agreed appointment at a Property;

2.3.4.    You failing to allow access to a Property under Condition 5.6.; or

2.3.5.    Any unauthorised removal of, obstruction of, damage to, or tampering with a meter or metering equipment or in connection with fitting a device to a meter or metering equipment.   

2.4.

All our charges will also have UK tax or duty charged on them, including VAT at the current rate, where applicable.

2.5.

We may offer you Services on top of those for which charges are set out in your Contract. If we do, we will explain our charges for those Services and whether there are any supplemental Terms and Conditions. We may bill you for those Services separately, or along with your bills for water or wastewater Services or trade effluent Services.

3.1.

You agree to pay us for the Services you receive and to pay any other charges properly due in connection with these Conditions. Your Contract specifies when and at what frequency your payments must be made.

3.2.

Your billing date will be based on your Contract Start Date and your first bill will be for 2 months' usage in advance, unless stated otherwise in your Contract. Every subsequent bill will be for 1 month’s usage in advance, unless stated otherwise in your Contract. To facilitate your payment process we will provide our invoice at least 3 Business Days prior to the collection date.

3.3.

We can send you a bill or adjust any bill we have already sent you if:

3.3.1.    You tell us about any reassessment of the rateable value of a Property resulting from any change of use, extension or addition to that Property;

3.3.1.    We become aware of any reassessment;

3.3.3.    We become aware that you own, lease or otherwise use a Property for which you have not paid charges for Services which we have supplied to that Property; or

3.3.4.    We become aware of a change of any other data item which affects the aggregate charges a Water Undertaker charges to us in relation to the Services, including, but not limited to:

3.3.4.1.    Drainage surface area;

3.3.4.2.    Meter information and data;

3.3.4.3.    Maximum daily demand;

3.3.4.4.    Assessed volumes; and/or

3.3.4.5.    Trade effluent quality

3.4.

All bills must be paid by Direct Debit, unless previously agreed by us in writing.

3.5.

If you cancel a Direct Debit and do not reinstate Direct Debit as your payment method within 5 Business Days without our express permission in writing, we can require you to pay using another payment method. The prices charged in accordance with your Contract will be increased by 5%, or £10 per month; whichever is greater; to cover the additional operating costs incurred by accepting payment by a method other than Direct Debit.

3.6.

Unless we have agreed otherwise in writing, you must pay your bill in full within 10 Business Days of the date of that bill. If you disagree with part of a bill, you must pay us the amount for the parts you do agree with. 

3.7.

If you disagree with your bill you must contact us before your invoice is due for payment to confirm whether we accept that you have a valid reason for withholding payment. For example, where there is evidence that your bill was incorrect at the time of issue we will agree that you do not need to pay the charges until we have investigated and corrected any error. If we have not agreed that you have a valid reason for withholding payment then you will be liable to pay late payment charges.

3.8.

If you do not pay your bill (or the part of it you do agree with) when we remind you, we will charge you a late payment fee and we may charge you interest at the rate of 8% a year above the Bank of England bank rate from the day after your invoice due date. You can ask us for our policy on charging interest. In addition, we may also charge our reasonable costs for recovering any money you owe us that becomes overdue. 

3.9.

If you raise a valid query on your bill we will inform you in writing when we have resolved this along with notification of any outstanding charges to be paid. If these are not paid within 10 Business Days you will be liable to pay late payment charges in line with Condition 3.7. unless another valid query is raised as per Condition 3.6.

3.10.

If you fail to make payment more than 30 days after the invoice due date, and this is not as a result of failure on our part  to provide you with an accurate and timely bill, you will be charged a late payment fee in accordance with the invoice amount as stipulated in our Charging Statement.

3.11.

We will be entitled, every month or over longer periods, to change the amount you owe to reflect the value of the amounts we have billed you for under Conditions 3.3, 3.5, 3.8, and 3.10. We do not have to give you notice to do this and the change will take place immediately. If you are unable to pay the amount you owe, we may offer you a custom repayment plan. 

3.12.

If your bank fails to honour a payment because you do not have sufficient funds in your account, we may change the payment arrangements immediately (e.g. from Direct Debit to BACS). You will then be responsible for paying all water and wastewater Services supplied in line with the new payment arrangements, together with all other costs we must pay in connection with the new arrangements.

3.13.

If you repeatedly fail to pay your bills by the due date for payment (as detailed in Condition 3.6), we may offer you a custom repayment plan.

3.14.

3.15.

If we supply you with both water and wastewater Services and the Contract ends for either of them, you will pay the relevant price for the supply which still continues

3.16.

If we supply you with both water and wastewater Services and you make a payment but do not tell us that it relates to particular charges, and that payment is not enough to cover all charges due, we will ordinarily use your payment to pay the oldest debt on your account first. However, we reserve the right to determine how to allocate payments to any undisputed charges on your account. 

4.1.

If you fail to make payment on time on 3 or more occasions, or if your credit rating drops below our credit threshold, we may ask you to pay a refundable deposit. If we do this, we will explain the reason why we are asking for it and the purpose for which we will use it. You must pay the refundable deposit within 14 days of our request. If you do not pay a refundable deposit when we ask, we may disconnect your supply in accordance with the Water Regulations.

4.2.

We will hold, and repay, any refundable deposit in the way explained in our request made under Condition 4.1, and we can also use your refundable deposit, including any interest, to pay charges you owe under the Contract.

5.1.

If a Property is metered, we may ask you to give us meter readings. If you agree to do so, and then fail to provide a meter reading when we ask, you will allow us (or one of our agents) to take a meter reading.

5.2.

You agree to us making any arrangements needed on your behalf in connection with the Services, including (but not limited to) installing, maintaining, testing, repairing, replacing, removing, disconnecting and reconnecting meters and metering equipment. If we need the permission of someone else (for example, if you are a tenant under a lease), permission from the landlord so we can carry out any work in connection with the Services, you must get that permission (and pay any costs involved). If we ask, you must show us proof that you have this permission.

5.3.

Where a meter and/or associated metering equipment has been provided by the Water & Sewerage Undertaker, it will remain the property of Water & Sewerage Undertaker, and you must not remove the meter or the metering equipment, unless we agree otherwise in writing. You must take reasonable care to keep the meter and metering equipment free from obstruction or damage and interference. Unauthorised tampering with a meter is an offence under Water Regulations. If you fit a meter or any device to a meter or metering equipment, including a data logger, you must give us details of that device.

5.4.

If damage to a meter or metering equipment is caused by frost, or by any device you have fitted to the meter or metering equipment, or by anyone other than us or Water & Sewerage Undertakers or our or their employees or agents, we may recover from you any loss of charges we suffer as a result of that damage. For this purpose, we will assess the amount of charges lost during the period of damage by referring to the most recent average daily use at the Supply Point before the meter stopped recording usage accurately. 

5.6.

At all reasonable times, you must allow us, Water & Sewerage Undertakers, and any of our employees or agents, safe and unobstructed access (by vehicle in appropriate cases) to any Property covered by the Contract, and to the meter, metering equipment and associated pipework to:

5.6.1.    Do anything in connection with a meter, metering equipment and associated pipework, including reading, inspecting, testing, repairing, exchanging, installing, disconnecting, removing or reconnecting a meter, metering equipment or associated pipework;

5.6.2.    Disconnect your supply;

5.6.3.    Disconnect the supply of another customer with whom you share that supply;

5.6.4.    Collect the meter or any other equipment we or Water & Sewerage Undertakers own (if you stop receiving a supply from us);

5.6.5.    Inspect or test a meter or connection not owned by or provided for us or a Water &  Sewerage Undertaker;

5.6.6.    Allow us to comply with the Water Regulations, the Codes and the Directions;

5.6.7.    Sample water quality; or

5.6.8.    Sample or monitor trade effluent.

5.7.

You must also allow us, Water & Sewerage Undertakers, and any of our employees or agents, safe and unobstructed access (by vehicle in appropriate cases) at any time if there is danger to life, health or Property in connection with the supply, or if we need access by law.

5.8.

Water meters are usually the property and responsibility of Water & Sewerage Undertakers. We are not responsible for:

5.8.1.    Any faults in a meter or metering equipment which we do not own or have not provided, or for any resulting loss, cost, damage or injury;

5.8.2.    Any faults in a meter or metering equipment resulting from you fitting any device to or tampering with that meter or metering equipment;

5.8.3.    Any loss, cost, damage or injury resulting from you fitting any device to or tampering with a meter or metering equipment; or

5.8.4.    Any loss, cost, damage or injury resulting from installing a meter or metering equipment, unless the meter or metering equipment is installed by us or our employees or agents.

5.9.

In order for us to comply with Water Regulations, the Codes and the Directions or so we can carry out our responsibilities under these Conditions, we may require you to give us information or other help. For example, we may be asked to submit information to Ofwat which we do not have readily available and need to collect from you. You agree that you will do all you reasonably can to give us this information or help within the timescales we ask.

6.1.

We can temporarily disconnect your supply of water Services to a Property, but only in accordance with Water Regulations, if:

6.1.1.    You do not pay an amount properly due for water Services (in which case we must issue you with a Disconnection Warning Notice);

6.1.2.    You do not allow us access to a water meter (in which case we must issue you with a Disconnection Warning Notice);

6.1.3.    You refuse to provide a refundable deposit (in which case we must issue you with a Disconnection Warning Notice); 

6.1.4.    You do not comply with the Water Regulations; or

6.1.5.    You ask us to disconnect your water supply on a temporary basis, for example if the Property is being refurbished. This only applies if your Property is situated in England. If we do disconnect your water supply temporarily, you must pay the applicable disconnection charge notified to you.

6.2.

We can temporarily disconnect your supply of trade effluent Services, if applicable at a Property, only in accordance with Water Regulations if:

6.2.1.    You do not pay an amount properly due for your Services (in which case we must issue you with a Disconnection Warning Notice);

6.2.2.    You refuse to provide a refundable deposit (in which case we must issue you with a Disconnection Warning Notice);

6.2.3.    You do not comply with any consent needed for trade effluent;

6.2.4.    You do not comply with the Water Regulations; or

6.2.5.    You ask us to disconnect your supply on a temporary basis, for example if the Property is being refurbished. This only applies if your Property is situated in England. If we do temporarily disconnect your supply of trade effluent Services, you must pay the appropriate disconnection charge.

6.3.

We can permanently disconnect your supply to a Property, only in accordance with Water Regulations, if:

6.3.1.    You illegally use water or wastewater Services (if the illegal use is of water Services, we will disconnect your supply of water Services and if the illegal use is of wastewater Services, we will disconnect your supply of trade effluent Services, where applicable);

6.3.2.    You ask us to disconnect you on a permanent basis, for example, if the Property is being demolished.

6.5.

If we have temporarily disconnected your supply to a Property, we will consider any request you make for reconnection according to the cause of disconnection, as follows:

6.5.1.    If the disconnection was due to non-payment, denying access to a water meter or failure to provide a refundable deposit, we will reconnect you when the situation leading to disconnection has been dealt with and you have paid the appropriate reconnection fee;

6.5.2.    If the disconnection was made for not complying with Water Regulations or any consent needed for trade effluent, and you ask us to arrange for your supply to be reconnected, we will do so if the Water & Sewerage Undertaker is satisfied that the problem has been resolved and you have paid the appropriate reconnection fee;

6.5.3.    If the disconnection was made because you asked us to disconnect your supply, we will make a reconnection after receiving payment of the appropriate reconnection fee, as set out by the Water & Sewerage Undertaker. 

6.7.

If we have permanently disconnected your supply of water to a Property or, where applicable, trade effluent Services, you must apply for a new connection to the water or wastewater network.

7.1.

7.2.

If you are switching to Everflow Water from another supplier, you are entitled to cancel the Contract without any cost to you within the first 5 Business Days of the Contract Agreed Date.

7.3.

7.4.

7.5.

7.6.

7.7.

7.9.

If the Contract is automatically rolled over pursuant to Condition 7.7, your new Contract End Date will be 12 months after the previous Contract End Date. You will automatically be switched to the rates outlined in your renewal letter which we will send you 90 days prior to the existing Contract End Date. We will act on the assumption that you have received the renewal letter and cannot take responsibility for any loss or oversight of your renewal letter. A fee (calculated in accordance with Condition 7.12) will apply if you wish to end the Contract before the Contract End Date (save as detailed in Condition 7.3.) If your Contract is automatically rolled over and you did not want it to, but have failed to act in accordance with Condition 7.7, you are liable to pay the fee highlighted in Condition 7.11 – the exception to this is that Microbusinesses with fewer than 10 employees will not be charged a fee for ending a contract which has previously rolled over.

7.10.

If you end the Contract at any time, and then continue to receive Services from us, we will charge you our default tariff and our Deemed Contract Terms and Conditions will apply.

7.11.

After the initial 5 Business Days (see Condition 7.2), if you end the Contract before the end of your Contract End Date, for any other reason than that:

7.11.1.    You no longer have any Eligible Property;

7.11.2.    You have gone into administration; or

7.11.3.    In the circumstances detailed in Condition 7.3,

then you will be liable to pay a fee.

7.12.

If you operate in England, or partially in England, the above fee will be 3 months of water and wastewater charges. Where the charges include a variable component, that component will be calculated at the average daily consumption over the past year up to the date of termination. If you operate in Scotland, we will charge a fee equivalent to the difference between the default retail tariff and what you have been charged to date under the Contract. If you wish to end the Contract before the Contract End Date, we will only release you upon payment of this fee and provided there is no Outstanding Debt on your account.

8.1.

Except as set out in Condition 8.4, or as laid down in the Default Standards, we will not be responsible to you for:

8.1.1.    Loss of revenue (direct or indirect);

8.1.2.    Loss of profit (direct or indirect);

8.1.3.    Loss of contract (direct or indirect);

8.1.4.    Loss of anticipated savings; (direct or indirect);

8.1.5.    Business interruption (direct or indirect);

8.1.6.    Any special, consequential or indirect loss, however it is caused, even if it could have reasonably been foreseen; or

8.1.7.    Any other loss or damage (including for lack of, or defective quality of, water).

8.2.

Subject to Conditions 1.5, 8.1, 8.3 and 8.4, the most we will pay you will be the lower of £50,000 or 12 months’ charges for each incident or, if the incidents are related, the lower of £50,000 or 12 months’ charges in total for all related incidents. 

8.3.

If any act or failure to act by Water & Sewerage Undertakers causes any loss or damage to you, we will limit our liability to you (if any) to the amount (if any) that we are entitled to recover from Water & Sewerage Undertakers.

8.4.

Nothing in the Contract excludes or limits our legal responsibility for death or personal injury resulting from our negligence or that of any of our officers, employees or agents, or for fraud or fraudulent misrepresentation or anything else we are not able to legally limit by law.

8.5.

If the Contract ends, this Condition 8 will continue to apply.

We will comply with all the applicable requirements of Data Protection Legislation.

If you require any further information about how we collect, process and store your Personal Data, please see our privacy policy as set out on our website.

10.1.

The Contract Documents constitute the entire agreement between us.

You may not transfer any of your rights or responsibilities under the Contract to another person without our advance written permission. We may transfer any of our rights or responsibilities to another supplier.

Except as set out in these Conditions, no variation to the Contract shall be effective unless it is in writing and signed by us both, or our authorised representatives.

Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between us; constitute either of us as the agent of the other; or authorise either of us to make or enter into any commitments for or on behalf of the other.

We may serve any notice in connection with the Contract by leaving it at your last known address or place of business (in the case of a company, at its registered office) or at any Property covered by the Contract, in each case addressed to you, or by post addressed to you at any Property covered by the Contract or by fax to your last known fax number or by email to your last known email address. You may serve any notice in connection with the Contract by leaving it at, or posting it to: 

Everflow Limited
Traynor Hub (t2)
Traynor Way
Peterlee
County Durham
SR8 2RU

10.8.1.    The law of England and Wales will apply to the Contract and any disputes will be dealt with in the English Courts.