Heat Project

Happy Energy Quality Policy

Happy Energy Ltd (the ‘Organisation’) aims to provide defect free products to its customers on time and within budget.

The Organisation operates a Quality Management System that has gained BS EN ISO 9001 : 2008 certification, including aspects specific to providing funding, financing and management for the installation of energy saving upgrade works in commercial and domestic properties.

The management is committed to:

1. Develop and improve the Quality Management System
2. Continually improve the effectiveness of the Quality Management System
3. The enhancement of customer satisfaction

The management has a continuing commitment to:

1. Ensure that customer needs and expectations are determined and fulfilled with the aim of achieving customer satisfaction
2. Communicate throughout the Organisation the importance of meeting customer needs and all relevant statutory and regulatory requirements.
3. Establish the Quality Policy and its objectives
4. Ensure that the Management Reviews set and review the quality objectives, and reports on the Internal Audit results as a means of monitoring and measuring the processes and the effectiveness of the Quality Management System
5. Ensure the availability of resources

The structure of the Quality Management System is defined in this Quality Manual.

All personnel understand the requirements of this Quality Policy and abide with the contents of the Quality Manual.

The Organisation complies with all relevant statutory and regulatory requirements.  The Organisation constantly monitors its quality performance and implements improvements when appropriate.

This Quality Policy is regularly reviewed in order to ensure its continuing suitability.

This Policy is communicated to all employees, suppliers and sub-contractors and is made available to the public.

Happy Energy Environmental Policy

Happy Energy Ltd (the ‘Organisation’) recognises the importance of environmental protection and is committed to operating its business responsibly and in compliance with all legal requirements relating to providing funding, financing and management for the installation of energy saving upgrade works in commercial and domestic properties.  It is the Organisation’s declared policy to operate with and to maintain good relations with all regulatory bodies.

It is the Organisation’s objective to carry out all measures reasonably practicable to meet, exceed or develop all necessary or desirable requirements and to continually improve environmental performance through the implementation of the following:

1. Assess and regularly re-assess the environmental effects of the Organisation’s activities
2. Training of employees in environmental issues
3. Minimise the production of waste
4. Minimise material wastage
5. Minimise energy wastage
6. Promote the use of recyclable and renewable materials
7. Reduce and/or limit the production of pollutants to water, land and air
8. Control noise emissions from operations
9. Minimise the risk to the general public and employees from operations and activities undertaken by the Organisation

This Quality Policy is regularly reviewed in order to ensure its continuing suitability.

This Policy is communicated to all employees, suppliers and sub-contractors and is made available to the public.

Introduction

Happy Energy recognises that everyone has rights with regard to how their personal information is handled.  The confidential nature of our employees, customers and supplier’s personal information is of paramount importance and the company recognises the need to treat activities where we collect, store and process personal information in an appropriate and lawful manner.  Happy Energy will therefore comply with the provisions of the Data Protection Act 1998 (The Act) and all-subsequent regulations.

The company’s management team will take steps so far as is reasonably practicable to ensure  that the key eight principles outlined within the act are introduced and implemented in all processes and activities which the company will hold personal data for.

The management team will ensure that adequate development to protect all software and subsequent documentation utilised for the recording of personal information is carried out. All employees dealing with the information will be appropriately trained and briefed on the necessary processes for handling such information and adequate supervision will be provided at all levels.

Specifically

Happy Energy will at all times maintain the appropriate registration level with the Information Commissioner’s Office and cooperate in every way with resultant guidance and instruction.

Happy Energy’s work programmes will; so far as is reasonably practicable, adopt the eight main principles of the Act.

Data Protection Principles

Anyone processing personal data on behalf of Happy Energy must comply with these 8 enforceable principles of good practice. Personal data must be:

• Fairly and lawfully processed;
• Processed for limited and specific purposes;
• Adequate and relevant for purpose, not excessive;
• Accurate;
• Not kept longer than necessary for the specific purpose;
• Processed in line with clients rights;
• Secure;
• Not transferred to countries without adequate protection;

Maintaining Data Security

By guaranteeing the confidentiality, integrity and availability of the personal data held by Happy Energy, we will maintain data security:

• Confidentiality – only people who are authorised to use the data can access it.
• Integrity – personal data should be accurate and suitable for the purpose for which it is processed.
• Availability – authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on our central computer system instead of individual PCs.

Processing in line with consumer rights

Happy Energy will ensure data is processed in line with consumers’ rights. Customers have a right to:

• Request access to any data held about them by a data controller;
• Prevent the processing of their data for direct-marketing purposes;
• Ask to have inaccurate data amended;
• Prevent processing that is likely to cause damage or distress to themselves or anyone else;

Practical Action

The Company will adopt the following practical steps to ensure compliance with the Act:

• Information sought and recorded will be limited to that required for the purposes of the company and partners and no more;
• All database access to customer data will be security password protected, with high levels of security available to specific personnel for more sensitive information;
• If information is passed to project partners it is passed in a form where individual identification is not possible, where prior customer consent has not been agreed;
• Where prior customer consent has been agreed, information passed to project partners will be password protected;
• No personal data information is passed from the EU;
• Entry controls will be enforced and any stranger seen in entry-controlled areas will be reported;
• Desks and cupboards should be kept locked if they hold confidential information of any kind, (Personal information is always considered confidential.);
• Disposal of paper documents containing confidential information will securely destroyed;
• If data is to be stored on any portable/removable devices the information should be encrypted, password protected and securely wiped when no longer required;
• Data users should ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended;
• No personal data which includes customers credit or debit card information is to be recorded in any form, i.e. paper, mobile, e-mails, portable recording devises for example, other than the specific payment site. If any employees are found to be recording this information it may be classed as gross misconduct, possibly resulting in termination of employment and further investigation by the relevant authorities.

Policy Review

This policy will be regularly revised as necessary (at a minimum of one year intervals).

In conducting the policy reviews, due regard will be given to the following:

Guidance – Any new guidance or legislation will be reviewed as to its impact and introduction to existing and proposed processes.

Organisation – A review of the company’s organisation including changes to ensure that responsibilities for data protection are clearly defined at all times to all employees at every level.

Control – Ensuring that the data protection requirements are implemented throughout the company by all employees and that the training is regularly conducted in support of those standards.

Monitoring and review – All employees will be provided with a copy of the data protection policy upon induction to the company and their individual responsibilities highlighted.  Regular checks and audits will be carried out to ensure that the policy is being adhered to.

Data Protection Management

This policy is reviewed by the Chief Executive Officer annually in consultation with Happy Energy managers. The CEO has overall responsibility for the implementation of this policy and the board will ensure that sufficient finance is available to support the policy.

In order to achieve the aims and objectives of the policy these issues will be brought regularly to the attention of the company’s management team during management and board meetings.

Employees should not be in any doubt that the company will apply disciplinary procedures to any employee who is in breach of the company’s data protection policy.  This includes any specific processes and systems of work, instructions, training and procedures laid down for the protection of information held as part of the company’s operations.

This policy should be read in conjunction with reference to Happy Energy’s Communication Policy and Security policy.

Heat Project (Happy Energy Solutions Ltd) Assessment Terms

The following sets out the terms on which we carry out an assessment of the suitability of your property for the installation of energy efficiency measure(s) (the “Assessment”).

Your request for an Assessment is an offer by you to us to enter into a contract subject to these terms.  By agreeing a date on which the Assessment will take place (the “Assessment Date”) you confirm that you would like us to proceed with the Assessment on the basis of these terms.  These terms will only become binding on you and us when we issue an email or letter confirming the details of the Assessment (the “Assessment Confirmation”), at which point a contract will come into existence between you and us.

1.         The Assessment

1.1      We shall endeavour to perform the Assessment on the Assessment Date at the property identified on the Assessment Confirmation (the “Property”), but this date shall be an estimate only and time shall not be of the essence for performance of the contract.  The person carrying out the Assessment will either be an employee or sub-contractor of Happy Energy Solutions Ltd.

1.2      In order for us to perform the Assessment, you agree to:

(a)   provide us with access to all areas of the Property that are required to perform the Assessment on the Assessment Date;

(b)  prepare the Property so that it is ready for the Assessment;

(c)   provide us with all information that is reasonably required in relation to the Assessment and ensure that such information is accurate and complete;

(d)  notify us of any structural issues or defects at the Property;

(e)  notify us if your Property is in a conservation area or is subject to any planning restrictions;

(f)    at all times co-operate with us when we perform the Assessment;

(g)   ensure that there is adequate gas, water and electricity supplies at the Property and ensure that we have access to such utilities when performing the Assessment; and

(h)  if necessary, provide us with access to your Property on a further date (notified to you in writing by us) in order for us to finalise the Assessment.

1.3      After completing the Assessment, we will endeavour to provide you with a quotation for the installation of energy efficiency measure(s).  We may need to access your Property on a further date in order for us to gather additional information and provide you with a quotation.  If it is not be possible to install energy efficiency measure(s) at your Property we shall inform you in writing.

2.         Consents and Approval

2.1      You agree to obtain all the necessary consents before the Assessment Date.  If you are a tenant, you shall obtain the landlord’s prior written permission for us to carry out the assessment and provide us with a copy of such permission before the Assessment Date.  If you are a landlord, you shall obtain the tenant(s) prior written permission for us to access the Property, provide us with a copy of such permission and at all times ensure that the tenant(s) comply with the obligations set out at clause 1.2.  If you are a co-owner, you shall obtain your co-owner’s consent to the Assessment and provide us with a copy of such consent before the Assessment Date.

2.2      We shall not be obliged to perform the Assessment unless and until you have complied with clause 2.1.

3.         Charges and payment

Unless confirmed otherwise in the Assessment Confirmation, the Assessment will be performed free of charge.  We agree to perform the Assessment in consideration of you agreeing to comply with the obligations set out in this letter.

4.         Liability if you are a consumer

This clause 4 only applies if you are a consumer

4.1      Subject to clause 4.2, if either of us fails to comply with this letter, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with this letter.

4.2      Subject to clause 4.1, we shall not be responsible for losses that result from our failure to comply with this letter including, but not limited to, losses that fall into the following categories: loss of income or revenue including, but not limited to, any loss of grant, subsidy or other funding; loss of business; loss of anticipated savings; loss of data; or any waste of time including, but not limited to, any losses due to taking time off work or holiday time.

4.3      We will make good any damage to your Property caused by us in the course of performing the Assessment provided that:

(a)   you use reasonable efforts to notify us in writing of the damage within 90 days of such damage coming to your attention; and

(b)  you give us reasonable opportunity to make good any damage caused to your Property.

4.4      We are not responsible for the cost of repairing any pre-existing faults or damage to your Property that we discover in the course of performing the Assessment.

4.5      We will not be liable to you if we are prevented or delayed from complying with our obligations by anything you or anyone acting on your behalf does or fails to do.

4.6      This clause does not include or limit in any way our liability for:

(a)   death or personal injury caused by our negligence;

(b)  fraud or fraudulent misrepresentation; or

(c)   any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

5.         Our liability if you are a business

This clause 5 only applies if you are a business customer.

5.1      Nothing in this letter limits or excludes our liability for:

(a)   death or personal injury caused by our negligence;

(b)  fraud or fraudulent misrepresentation; and

(c)   any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

5.2      Subject to clause 5.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:

(a)   any loss of profits, sales, business, or revenue;

(b)  loss or corruption of data or information;

(c)   loss of business opportunity;

(d)  loss of anticipated savings;

(e)  loss of goodwill; or

(f)    any indirect or consequential loss.

5.3      Subject to clause 5.1, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10,000.

5.4      Except as expressly stated in this letter, we do not give any representation, warranties or undertakings. Any representation, condition or warranty which might be implied or incorporated into this letter by statute, common law or otherwise is excluded to the fullest extent permitted by law.

6.         Your consumer right to cancel

This clause 6 only applies if you are a consumer

6.1      If you are a consumer, you have a right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract (e.g. the date we issue an Assessment Confirmation).  Advice about your right to cancel is available from your local Citizens’ Advice Bureau.

6.2      To exercise the right to cancel, you must inform us of your decision to cancel the Contract by sending a clear statement to us in writing by post to the Customer Services Team, Happy Energy Solutions Limited, Unit 1, New Road, Perranporth, TR6 0DL or by email to mail@happyenergy.co.uk.  We suggest that you keep a copy for your records.  You may use the model cancellation form set out in the Schedule, but it is not obligatory.  To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6.3      If you cancel the Contract within the cancellation period, we will reimburse to you any payments received, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the contract.  We will make the reimbursement (if any) 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 reimbursement.

6.4      If you requested us to begin the performance of the services during the cancellation period, you may be asked to pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract.

7.         Our right to cancel

We may cancel the contract for an Assessment at any time on providing you with 3 days prior written notice.

8.         Data protection

8.1      You consent to us holding and processing your personal data for the purpose of undertaking the Assessment, providing you with a quotation and contacting you about similar goods and/or services that we believe may be of interest to you.

8.2      We may also record communications with you (via telephone and email) for training or monitoring purposes.

9.         Other important terms

9.1      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our control.  An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

9.2      We may transfer our rights and obligations in this letter to another organisation, but this will not affect your rights or our obligations set out in this letter.

9.3      You may only transfer your rights or your obligations in this letter to another person if we provide you with prior consent in writing.

9.4      This agreement is between you and us. No other person shall have any rights to enforce any of its terms.

9.5      Each clause in this letter operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

9.6      If we fail to insist that you perform any of your obligations in this letter, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

9.7      This letter is governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.

Yours faithfully,

……………………………………………………….

Happy Energy Solutions Ltd (Company number 08487950)