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Legal Stuff

Legal Stuff





Happy Energy Solutions Limited understands that your privacy is important to you and that you care about how your personal data is used. Werespect and value the privacy ofeveryone who visits this website, (“Our Site”)and will only collect and use personal data in ways that are described here, and in a way that is consistent with ourobligations and your rights under the law.


Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is deemed to occur upon your first use of OurSite. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.


  1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:


“Account” means an account required to access and/or use certain areas and features of OurSite;
“Cookie” means a small text file placed on your computer or device by OurSite when you visit certain parts of Our Site and/or when you use certain features of OurSite. Details of the Cookies used by OurSite are set out in Part 14, below; and
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;


  1. Information About Us

OurSite is owned and operated by Happy Energy Solutions Limited, a Limited Company registered in England under company number 08487950.

Registered address: Lowin House, Tregolls Road, Truro, TR1 2NA

VAT number: 204759703

Data Protection Officer: Patrick Bradley

Email address:

Telephone number: 01872 574900

Postal Address: Unit 1, New Road, Perranporth, Cornwall, TR6 0DL


  1. What Does This Policy Cover?

This Privacy Policy applies only to your use of OurSite. OurSite may contain links to other websites. Please note that wehave no control over how your data is collected, stored, or used by other websites and weadvise you to check the privacy policies of any such websites before providing any data to them.


  1. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.


  1. What Are My Rights?

Under the GDPR, you have the following rights, which wewill always work to uphold:

  1. The right to be informed about ourcollection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact usto find out more or to ask any questions using the details in Part 15.
  2. The right to access the personal data we hold about you. Part 13 will tell you how to do this.
  3. The right to have your personal data rectified if any of your personal data held by usis inaccurate or incomplete. Please contact ususing the details in Part 15 to find out more.
  4. The right to be forgotten, i.e. the right to ask usto delete or otherwise dispose of any of your personal data that we have. Please contact ususing the details in Part 15 to find out more.
  5. The right to restrict (i.e. prevent) the processing of your personal data.
  6. The right to object to ususing your personal data for a particular purpose or purposes.
  7. The right to data portability. This means that, if you have provided personal data to usdirectly, weare using it with your consent or for the performance of a contract, you can ask usfor a copy of that personal data to re-use with another service or business in many cases.
  8. Rights relating to automated decision-making and profiling. Wedo not use your personal data in this way.

For more information about ouruse of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about [our] OR [my]use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.


  1. What Data Do We Collect?

Depending upon your use of OurSite, wemay collect some or all of the following personal and non-personal data (please also see Part 14 on ouruse of Cookies and similar technologies:

  • Name;
  • Date of birth;
  • Gender;
  • Address;
  • Contact information such asemail addresses, and telephone numbers
  • Financial information;
  • IP address;
  • Web browser type and version;
  • Operating system;
  • A list of URLs starting with a referring site, your activity on OurSite, and the site you exit to;


  1. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for ourperformance of a contract with you, because you have consented toouruse of your personal data, or because it is in ourlegitimate business interests to use it. Your personal datamay be used for the following purposes:

  • Providing and managing your access to OurSite;
  • Personalising and tailoring your experience on OurSite;
  • Supplying ourproductsandservices to you. Your personal details are required in order for usto enter into a contract with you.
  • Personalising and tailoring ourproductsandservices for you.
  • Communicating with you. This may include responding to emails or calls from you.
  • Supplying you with information by email that you have opted-in to (you may unsubscribe or opt-out at any time by following the automatic unsubscribe link on emails).
  • Analysing your use of OurSite and gathering feedback to enable usto continually improve OurSite and your user experience.
  • Progressing Grant Applications

With your permission and/or where permitted by law, wemay also use your personal data for marketing purposes, which may include contacting you by email, telephoneandpost with information, news, and offers on ourproductsandservices. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with ourobligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.


  1. How Long Will You Keep My Personal Data?

Wewill not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be retained for 7 years, or if a guarantee has been provided that is longer than 7 year, your data will be retained for the length of the guarantee period. The periods for retention will be determined on the following basis;

  • Its retention will be determined by organisations funding and monitoring our grants;


  • Its retention will be determined in matching the lifetime of the guarantee provided


  • Its retention will be determined by the project undertaken by Happy Energy Solutions Limited.


  1. How and Where Do You Store or Transfer My Personal Data?

Wemay store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that wewill take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR as follows.

Where wetransfer your data to a third party based in the US, this may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. More information is available from the European Commission.

Please contact ususing the details below in Part 15 for further information about the particular data protection mechanism used by uswhen transferring your personal data to a third country.

The security of your personal data is essential to us, and to protect your data,  wetake a number of important measures, including the following:

  • Our IT Manager continuously reviews the data security and integrity of our IT installations including computers, telephony, servers, firewalls etc.


  1. Do You Share My Personal Data?

Wemay share your personal data with other companies in ourgroup to supply products and services on our behalf. This includes subsidiaries ourholding company and its subsidiaries.

Wemay sometimes contract with the following third parties to supply products and services on our behalf. These may include surveys, installations, payment processing, delivery, and marketing. In some cases, those third parties may require access to some or all of your personal data that wehold.

If any of your personal data is required by a third party, as described above, wewill take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, ourobligations, and the third party’s obligations under the law, as described above in Part 9.

If any personal data is transferred outside of the EEA, wewill take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 9.

In some limited circumstances, wemay be legally required to share certain personal data, which might include yours, if we areinvolved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.


  1. How Can I Control My Personal Data?

11.1       In addition to your rights under the GDPR, set out in Part 5, whenyou submit personal data via OurSite, you may be given options to restrict ouruse of your personal data. In particular, weaim to give you strong controls on ouruse of your data for direct marketing purposes (including the ability to opt-out of receiving emails from uswhich you may do by unsubscribing using the links provided in ouremails, at the point of providing your details.

11.2       You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.


  1. Can I Withhold Information?

You may access certain areas of OurSite without providing any personal data at all. However, to use all features and functions available on OurSite you may be required to submit or allow for the collection of certain data.

You may restrict ouruse of Cookies. For more information, see Part 14.


  1. How Can I Access My Personal Data?

If you want to know what personal data wehave about you, you can ask usfor details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover ouradministrative costs in responding.

Wewill respond to your subject access request within one month and, in any case, not more than one month of receiving it. Normally, weaim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date wereceive your request. You will be kept fully informed of our progress.


  1. How Do You Use Cookies?

OurSite may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by usand are used only by us. Weuse Cookies to facilitate and improve your experience of OurSite and to provide and improve our products and services. Wehave carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

All Cookies used by and on OurSite are used in accordance with current Cookie Law.

Before Cookies are placed on your computer or device, you will be shown a pop up title bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling usto provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of OurSite may not function fully or as intended.

The following first-party Cookies may be placed on your computer or device:


Name of Cookie Purpose Strictly Necessary
Session (Transient) cookies These cookies are erased when you close your browser, and do not collect information from your computer. They typically store information in the form of a session identification that does not personally identify the user. Yes
Persistent (Permanent/Stored) cookies These cookies are stored on your hard drive until they expire (i.e based on a set expiration date) or until you delete them. These cookies are used to collect identifying information about the user, such as Web surfing behaviour or user preferences for a specific site. No


OurSite uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling usto better understand how Our Site is used. This, in turn, enables usto improve OurSite and the products and services offered through it.

The analytics service(s) used by OurSite uses Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst ouruse of them does not pose any risk to your privacy or your safe use of OurSite, it does enable usto continually improveOurSite, making it a better and more useful experience for you.

The analytics service(s) used by OurSite use(s) the following Cookies:



Name of Cookie First / Third Party Provider Purpose
_ga First Google Used to distinguish users.
_gid First Google Used to distinguish users.
_gat First Google Used to throttle request rate. If Google Analytics is deployed via Google Tag Manager, this cookie will be named _dc_gtm_<property-id>.
AMPT_TOKEN First Google Contains a token that can be used to retrieve a Client ID from AMP Client ID service. Other possible values indicate opt-out, inflight request or an error retrieving a Client ID from AMP Client ID service.
_gac<property-id> First Google Contains campaign related information for the user. If you have linked your Google Analytics and AdWords accounts, AdWords website conversion tags will read this cookie unless you opt-out
__utma First Google Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing __utma cookies exists. The cookie is updated every time data is sent to Google Analytics.
__utmt First Google Used to throttle request rate.


__utmb First Google Used to determine new sessions/visits. The cookie is created when the javascript library executes and no existing __utmb cookies exists. The cookie is updated every time data is sent to Google Analytics.


__utmc First Google Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit.
__utmz First Google Stores the traffic source or campaign that explains how the user reached your site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics.
__utmv First Google Used to store visitor-level custom variable data. This cookie is created when a developer uses the _setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated _setVar method. The cookie is updated every time data is sent to Google Analytics.


__utmx First Google Used to determine a user’s inclusion in an experiment.
__utmxx First Google Used to determine the expiry of experiments a user has been included in.
_gaexp First Google Used to determine a user’s inclusion in an experiment and the expiry of experiments a user has been included in.


In addition to the controls that weprovide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.


  1. How Do I Contact You?

To contact usabout anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Patrick Bradley)

Email address:

Telephone number: 01872 574 900

Postal Address:           Happy Energy Solutions Limited

Unit 1

New Road





  1. Changes to this Privacy Policy

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if wechange ourbusiness in a way that affects personal data protection.

Any changes will be immediately posted on OurSite and you will be deemed to have accepted the terms of the Privacy Policy on your first use of OurSite following the alterations. Werecommend that you check this page regularly to keep up-to-date.

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.


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.


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  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)