Terms and conditions Commercial Connections
Terms and Conditions for a new Connection to industrial or commercial premises
These Terms and Conditions form part of a legally-binding Contract you will be entering into, with regard to the connection of any property to the gas supply network operated by Evolve. If you are unsure about your rights and obligations under this Contract, you are strongly advised to obtain independent legal advice before sending us your completed application.
1. Definitions
1.1 The definitions in these Terms and Conditions shall have the following meanings:
“Acceptance Acknowledgement” has the meaning set in clause 2.8
“Application” has the meaning set out in clause 2.4
“Application form” has the meaning set out in clause 2.4
“Assets” shall mean regulators, pipework, valves and associated apparatus installed by Evolve upstream of and including the meter, but excluding the meter cabinet
“Authority” shall mean the Northern Ireland Authority for Utility Regulation
“Business day” means a day other than a Saturday, Sunday or Bank Holiday in Northern Ireland when banks in Belfast are open for business
“Company”, “we”, “us”, “our”, or “Evolve” shall mean Evolve (company number 08822715) and its successors or assigns
“Connection Policy” shall mean our distribution connection policy as amended from time to time (which we are required to publish under condition 2.3 of our Licence), a copy of which is available on the website and available upon request
“Connection Works” shall mean the connection of a gas supply and meter for the establishment of a new Supply Meter Point on to the Evolve System
“Contract” means the legally-binding agreement between the customer and Evolve for the connection works in accordance with the application, these Conditions and the Connection Policy
“Customer”, “you”, or “your”, shall mean the person who enters into the Contract with us for the connection of gas at the property
“Default Supplier” shall mean SSE Airtricity Limited, registered in the Republic of Ireland (company number 317386)
“Enquiry” has the meaning set out in clause 2.1
“Incentive Policy” shall mean the Terms and Conditions applicable to any allowance provided by us to you relating to the connection works
“Licence” shall mean the licence granted to us by the Authority to convey gas within the area specified in the licence
“Meter” shall mean an instrument to measure the volume of gas passing through it at the property and includes all main or subsidiary meters and such related fittings and piping installed therewith as may be required by the supplier for the supply of gas excluding the meter cabinet
“Network Emergency” shall mean an escape, or suspected escape of the gas or where the circumstances are such that in our opinion (a) the safety of the Evolve system or any part of the Evolve System is at risk, (b) the safe conveyance of the gas through the Evolve system is at risk or
(c) the gas conveyed by the Evolve system is at such a pressure or quality as to constitute, when supplied to premises, a danger to life or property
“Party” shall mean any party to the Contract
“Property” shall mean the premises which is, or is to be, connected to the Evolve System
“Quotation” has the meaning set out in clause 2.2
“Evolve system” shall mean the gas distribution pipeline system owned and operated by Evolve for the conveyance of gas
“Siteworks” means any works carried out in relation to the connection works
“Supplier” means a person or body corporate who holds a licence to supply gas under Article 8(1) (c) of the Gas Northern Ireland Order 1996 and has contracted with you to supply gas to the property
“Supply Meter Point” shall mean the point at which the property is physically connected to the Evolve System
“Website” means www.evolvenetwork.co.uk
1.2 The headings used in the Contract are for convenience only and will not affect interpretation of the Contract.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2. How the contract is formed
2.1 You will make an enquiry for connection works, either online through the website, by email or by telephone (“Enquiry”).
2.2 Following submission of your enquiry, Evolve will send you a quotation which will specify the connection works, any exclusions, and the total price for the connection works (“Quotation”).
2.3 When we receive your enquiry, we will contact you by telephone or email to confirm if your property can be connected to the Evolve system in line with the Connection Policy. If your Property can be connected, we will arrange a mutually convenient time to survey your property. Following the survey of your property, we will provide you with a Quotation along with these Terms and Conditions and any other document which is relevant to the connection works in the timescales set out in the Connection Policy.
2.4 If you wish to apply for a new connection in line with the Quotation, Terms and Conditions and (where applicable) the Connection Policy (Application), you must send us a completed application form (Application Form) before the Quotation expires.
2.5 Submitting an Application form will constitute an offer by you to Evolve to carry out the connection works.
2.6 Your Application will only be capable of acceptance by Evolve where the following has happened:
2.6.1 Evolve has received the fully completed, signed and dated Application form (by email or by post)
2.6.2 Evolve has received, in cleared funds, full payment of the sum set out in the Quotation
2.7 Where applicable, the customer shall provide Evolve with the following:
2.7.1 Signed written consent of the legal owner of any third party land (other than a public highway) the service pipe will cross (if relevant)
2.7.2 Signed written consent of the other legal owners of the land, which you own as tenant in common with any third party, the service pipe will cross (if relevant)
2.7.3 Listed buildings consent from the local authority to carry out the connection work (if relevant)
2.7.4 Conservation area consent from the local authority to carry out the connection work (if relevant)
2.8 Where the requirements of Clauses 2.6 and 2.7 have been met, Evolve will send you an acknowledgement by email or by post to confirm that the Application has been accepted (“Acceptance Acknowledgement”).
2.9 In the event that your Application is declined, Evolve will contact you to discuss alternative options available to you or explain why the connection work cannot take place.
2.10 As we will have received your payment before we have sent you an Acceptance Acknowledgement, if your Application is declined, we will refund the payment we have received from you by the same method from which the payment was made (i.e., if you paid by credit card then we will refund you on the same credit card), unless your payment was made by BACS, in which case this will be refunded by cheque.
2.11 Any Quotation given by Evolve will not constitute an offer (and is subject to change if we identify any reason to change the Quotation), and is only valid for a period of 28 days from its date of issue.
2.12 The contract between you and Evolve will comprise the following documents:
2.12.1 Quotation
2.12.2 Terms and Conditions
2.12.3 Application Form
2.12.4 Acceptance Acknowledgement (“Contract”)
3. Price and payment
3.1 The provisions of clauses 3.2 to 3.6 apply to new connections only.
3.2 The Connection Policy sets out the payment terms and the charges and you shall pay for the connections works in accordance with the Connection Policy.
3.3 Where:
3.3.1 We have undertaken the connection works for you
3.3.2 You have not paid for them in the circumstances specified in the Connection Policy
3.3.3 You have not used gas for any consecutive 12-month period after the date of completion of the connection works
we may require you to pay the full costs of the connection works less any payments you have already made for the connection works (as though the circumstances specified in the Connection Policy which allowed you to benefit from not paying for the connection works did not apply) and any applicable disconnections costs.
3.4 Where we have undertaken the connection works for you at a discounted cost, as set out in the Quotation, and in line with the Connection Policy and Incentive Policy (“Allowance”) and you have not used gas for any consecutive 12-month period after the date of completion of the connection works we may require you to pay the full costs of the connection works less any payments you have already made for the connection work (as though the circumstances specified in the Connection Policy which allowed you to benefit from not paying for the connection works did not apply) and any applicable disconnections costs.
In the event clauses 3.3 or 3.4 (as applicable) are being enforced, Evolve shall invoice you for the costs referred to in clauses 3.3 or 3.4 (as applicable). You shall pay the invoice within 14 days of the date of the invoice. If you do not pay the invoice within 14 days of the date of the invoice, you may be charged interest (at Evolve’s full and sole discretion) in accordance with clause 3.7.
3.5 If we install or require access to Assets which are below ground level we will use reasonable endeavours to ensure access to the property is maintained and standard reinstatement is carried out in accordance with the Connection Policy.
3.6 Any Allowance will only apply to the first connection of the property. If the property needs to be reconnected for any reason, then this will be charged in accordance with the Connection Policy.
3.7 If you do not pay any amount to us when payment is due we may:
3.7.1 Charge you interest at the rate of 3% a year above the Bank of England’s current base lending rate, such interest to be calculated from the due date for payment until payment made
3.7.2 Charge you all costs incurred in the recovery or attempted recovery of any overdue payments including, without limitation, a reasonable administration charge and any third party fees reasonably incurred
3.7.3 Give you notice that we intend to terminate the Contract in accordance with clause 6.2(c) below
4. Supplier
4.1 If you are a customer with an estimated annual gas consumption of equal to or less than 732,000 kWh, you may nominate your supplier on the Application form. In the event you do not let us know who the supplier is by the date the connection works is completed, then we will inform the default supplier that you will be connecting to the Evolve System and the default supplier will be your supplier for a minimum of 15 days until you make arrangements to switch with an alternative supplier.
4.2 If you are a customer with an estimated annual gas consumption of greater than 732,000 kWh, you must nominate your supplier on the Application form. In the event you do not let us know who the supplier is at the time of making your Application, we will not carry out any of the connections works.
5. Our right to vary the contract
5.1 Subject to clause 5.2, we may from time to time vary, amend or replace these Terms and Conditions and the latest Terms and Conditions will be posted on our website. Any changes to the Terms and Conditions will take effect from the date we post the changes on our website.
5.2 If we have already entered into an agreement with you when the new, or amended Terms and Conditions have been posted on our website, we will contact you before commencing the connection works to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel before we have started the connection works, we will arrange a full refund of any money you have paid in advance for the connection works.
6. Termination of the agreement
6.1 Subject to clause 9.1 the Agreement shall continue in effect from the date of the Acceptance Acknowledgement until such time as it is terminated in accordance with this clause 6 or the Connection Policy.
6.2 The Contract may be terminated by Evolve without notice if:
6.2.1 You commit a material or persistent breach of the Contract and where capable of remedy, fail to do so within a reasonable time
6.2.2 The Licence is revoked, terminated or varied such that we are no longer entitled to convey gas to the property
6.2.3 You fail to make any payment to Evolve of any sum due and owing and continue to fail to pay such sum due after 30 days
6.2.4 The property is permanently disconnected from the Evolve system in accordance with clause 8
6.3 Termination of the Contract will be without prejudice to the rights and duties of either party accrued prior to termination. The provisions of the Contract which explicitly or implicitly have effect after termination will continue to be enforced notwithstanding termination of the Contract.
6.4 Without prejudice to any other rights or remedies which the parties may have, Evolve may terminate this Agreement without liability immediately on giving notice to the customer if:
6.4.1 the customer suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986
6.4.2 the customer commences negotiations with all, or any class of, its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors
6.4.3 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of the customer
6.4.4 an application is made to court, or an order is made, for the appointment of an administrator, a notice of intention to appoint an administrator is given, or an administrator is appointed over the customer
6.4.5. a floating charge holder over the assets of the customer has become entitled to appoint, or has appointed, an administrative receiver
6.4.6 a person becomes entitled to appoint a receiver over the assets of the customer, or a receiver is appointed over the assets of the customer
6.4.7 any event occurs, or proceeding is taken, with respect to the customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 6.4.1 to Clause 6.4.6 (inclusive)
6.4.8 the customer suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business
6.4.9 there is a change of control of the customer (as defined in section 574 of the Capital Allowances Act 2001)
7. Safety, maintenance and emergencies
7.1 Where you suspect that there is an escape of gas or that any Asset is damaged and may result in an escape of gas, you must immediately call the Northern Ireland Gas Emergency number, 0800 002 001
7.2 You agree to comply with all requests from us where, in our opinion, action is required to avert or reduce danger to any person or property or to ensure the safe transportation of gas through the Evolve System.
7.3 You shall at all times use gas in a proper, safe and sensible way and in accordance with all applicable law, and shall not do anything, or allow anything to be done which interferes with the supply of gas to the Property or any other connected premises. Failure to do so may result in disconnection of the property without notice.
7.4 Evolve shall be responsible for maintaining and repairing its Assets. You must notify us of any defect in the Assets or if any alteration or other attention is required.
7.5 You must not and must ensure no other person interferes or tampers with, misuses or damages
the Assets or the Meter cabinet. You are responsible for any theft or damage to the Assets and the Meter cabinet save in respect of normal wear and tear and may be liable for criminal or civil proceedings in addition to the costs incurred by Evolve or its agents for repairing or replacing the Assets or the Meter cabinet. Further, you acknowledge that damage which compromises the integrity or safety of the Assets may result in the property being permanently disconnected from the Evolve system without notice.
7.6 You must provide Evolve or anyone acting on its behalf safe, unrestricted access to the property at reasonable times, or at any time in the case of a network emergency, to do anything required under or in connection with the Contract including without limitation, installing, testing, maintaining or repairing the Assets, meter reading, disconnecting or reconnecting the supply of gas to the property or siteworks without charge.
7.7 If Evolve is given a direction under any applicable law or by the Authority or any other regulatory body prohibiting or restricting the supply of gas to specified properties or persons, then for so long as the direction is in force and so far as it is necessary or expedient for the purposes of, or in connection with the direction, we are entitled to discontinue or restrict the conveyance of gas to the property and you shall refrain from using, or restrict its use in so far as possible, gas immediately on being told by us or the supplier that you should do so.
7.8 For as long as any network emergency lasts we will be entitled to stop conveying gas to the property.
7.9 The customer must comply with all requests by the company regarding the Assets or any related matters including without limitation for the purposes of avoiding or reducing danger to life or property securing the safe transport of gas through the Evolve System, or undertaking Siteworks, as soon as reasonably practicable.
7.10 We shall, where practicable, endeavour to consult you in respect of the positioning of the meter at the property. However, the meter must be sited in accordance with applicable law. If you plan to commence any construction works at the property which could affect the integrity or safety of the Assets or the Evolve system or the siting of the meter, you must inform us as soon as reasonably practicable and, in any event not less than 60 days prior to commencement of the works. Failure to comply with this clause 7.10 may result in the property being disconnected from the Evolve System if we determine that the works could present a risk to the integrity or safety of the Assets or the Evolve system or affect the siting of the meter. In the event of disconnection, the property will remain disconnected until we are satisfied that the risk has been resolved or mitigated against. You may be charged for any work undertaken by us in connection with this clause 7.10.
7.11 Whilst we may supply a meter cabinet, you will own the meter cabinet thereafter as it will form part of the fabric of the property. Repairs and maintenance to the meter cabinet are the sole responsibility of the owner of the property (and ownership of the meter cabinet will transfer to any new owner of the property). Anti-vandal covers and padlocks are available upon request at a charge as detailed in the Connection Policy.
8. Disconnecting the property
8.1 The property may be disconnected by us or our duly authorised offices or agents in the following circumstances:
8.1.1 Where permitted or required by law or any relevant licence, code or agreement
8.1.2 At the request of the supplier or
8.1.3 In accordance with clause 7
8.2 If you would like gas to be reconnected to the property, we may charge you in accordance with the Connection Policy.
8.3 Where we are required to disconnect the property or take such other action as is required for any reason of Evolve system security, a network emergency or to comply with any requirement of
any applicable law or regulation, we shall not to the fullest extent permitted by law have any liability in respect of any loss or damage arising as a result.
9. Cancellation and compensation
9.1 If you would like to cancel this Contract, you can do so without any cost within 10 days of the date of the Acceptance Acknowledgement by written notice to Evolve. Your right to cancel will cease if we have already commenced the connection works within 10 days of the date of the Acceptance Acknowledgement. In the event you cancel the Contract, we will refund you the amount you have already paid to us within 14 days of Evolve receiving your cancellation notice.
9.2 If we fail to meet the standards of service set out in The Gas Individual Standards of Performance Regulations (Northern Ireland) 2014 (“Regulations”) we will pay you compensation in accordance with the Regulations. Our Notice of Rights, which is on our website, sets out the compensation payable and any refund/payment arrangements.
10. Our liabilities to business customers
10.1 Nothing in this Contract limits or excludes either party’s liability for:
10.1.1 Death or personal injury caused by its negligence
10.1.2 Fraud or fraudulent misrepresentation
10.2 Subject to Clause 10.3 in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, Evolve’s maximum liability to the customer under this Contract will be limited to a full refund of the price paid to Evolve by the customer, or £1,000, whichever is less.
10.3 Subject to Clause 10.1, Evolve 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 Agreement for:
10.3.1 The cost of repairing any pre-existing faults or damage to the Property or surrounding property that Evolve discovers in the course of installation and/or performance by Evolve
10.3.2 Any loss of profits, sales, business, or revenue
10.3.3 Loss or corruption of data, information or software
10.3.4 Loss of business opportunity
10.3.5 Loss of anticipated savings
10.3.6 Loss of goodwill
10.3.7 Any indirect or consequential loss
10.4 Evolve will not be liable or responsible for any of your losses arising from any delay in performance of the connection works that is caused by:
10.4.1 Incorrect information provided by the customer in the Application
10.4.2 Unforeseen ground conditions which cause the connection works to be re-planned
10.4.3 Requirements and timings of the relevant local authority that are unilaterally imposed on Evolve
10.4.4 Force Majeure
10.5 Except as expressly stated in these Terms and Conditions, Evolve does not give any representation, warranties or undertakings in relation to the connection works. Any representation, condition or
warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, Evolve will not be responsible for ensuring that the connection works are suitable for your purposes.
11. Data protection
11.1 We may use your data collected under, or in connection with the Contract to:
11.1.1 Inform the supplier you will be connecting to the Evolve System in order that they may contact you in respect of the supply of gas to the property
11.1.2 Assist with the transfer of your account from one supplier to another supplier
11.1.3 Inform any replacement gas conveyance licence holder
11.1.4 Provide the services detailed in the Contract
11.1.5 Help detect or prevent crime, fraud or loss
11.2 In the event you do not let us know who the supplier is by the date the connection work is completed and your estimate annual consumption is equal to or less than 732,000 kWh, we will inform the default supplier you will be connecting to the Evolve system in order that they may contact you in respect of the supply of gas to the property.
11.3 We may disclose your data to our group companies, agents and/or those organisations who are obliged to process your data solely in accordance with our instructions and to adhere to the data security standards required under data protection law.
11.4 You acknowledge and agree that your name, address and payment record may be submitted to a credit reference agency, and your personal data will be processed by and on behalf of Evolve in connection with the connection works.
11.5 You also acknowledge and agree that Evolve shall be entitled to send your name and address to any of our contractors who may carry out the connection works on our behalf, pursuant to the right set out in clause 12.1.
11.6 Your personal data may also be shared with third parties to determine whether or not you qualify for financial assistance for the connection works. If you qualify for financial assistance the third party may contact you directly.
12. Use of contractors
12.1 Evolve is entitled to sub-contract the whole or any part of the connection works or siteworks (as applicable) without your consent.
13. Title, risk and damage
13.1 Subject to Clauses 13.3 and 13.4, any products (i.e. meter cabinet) supplied by Evolve (excluding any Assets) will be at the risk and responsibility of Evolve until they have been delivered to you, at which point title and risk in these products will pass to you.
13.2 In the event that any defect in the connection works arises from:
13.2.1 Wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party or
13.2.2 Any alteration or repair by you or by a third party who is not one of Evolve’s authorised repairers we will charge you for the cost of repairing such defects.
13.3 The Assets will at all times belong to Evolve and you should be aware of certain statutory rights that Evolve may need to exercise during the lifetime of the Assets.
13.4 You confirm and consent to and agree that from time to time Evolve may need to pass and re-pass
over the property and surrounding properties (if owned by the customer) as is necessary with or without vehicles, plant and equipment at all reasonable times (and at any time in cases of emergency) for all proper purposes connected with the exercise of the following rights:
13.4.1 To lay, construct, use, inspect, maintain, protect, repair, relay, replace, renew, supplement, connect into, operate, remove, or render unusable the service pipe
13.4.2 To excavate so much of the Property and surrounding properties as is reasonably necessary for the purpose of exercising the rights set out above, causing as little damage as reasonably possible and making good.
14. Communications between us
14.1 When we refer, in these Terms and Conditions, to "in writing", this will include post and email, but not fax.
14.2 You may contact Evolve by telephoning our customer service team on 0800 975 774 or by emailing us at info@evolvenetwork.co.uk, or by post to the address set out in the Quotation.
14.3 Any notice or other communication given by you to Evolve, or by Evolve to you, under or in connection with the Contract will be in writing and will be either delivered personally, sent by pre-paid post or email.
14.4 A notice or other communication will be deemed to have been received if:
14.4.1 Delivered personally; when left at the registered office
14.4.2 Sent by pre-paid post, at 9.00 am on the second business day after posting or 14.4.3 Sent by email, one business day after transmission
14.5 To prove you have sent a notice by letter you will need to show the letter was properly addressed, stamped and placed in the post. In the case of an email, you will need to prove that the email was sent to the specified email address.
14.6 The provisions of Clauses 14.3 to 14.5 (inclusive) will not apply to the service of any proceedings or other documents in any legal action.
15. General
15.1 Neither party shall be in breach of this Contract nor be liable for delay in performing, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (“Force Majeure”). The Party affected shall be released from its obligations hereunder to the extent to which they are affected by Force Majeure for the period during which those circumstances exist. The parties acknowledge that Force Majeure shall not release any party from any obligation to pay amounts due under this Contract.
15.2 This Contract, any document referred to in this Contract or incorporated by reference in any such document constitutes the entire agreement, and supersedes any previous agreement, arrangements, proposals and undertakings, between the parties relating to the subject matter of this Contract (whether written or oral) except in respect of any fraudulent misrepresentation made by a party.
15.3 Evolve will be entitled to transfer its rights and responsibilities under this Contract to another company who is entitled to convey gas to the property without your consent. You shall not without the prior written consent of Evolve, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under this Contract.
15.4 No waiver of any default or delay in enforcing rights under this Contract by any party shall be construed as a waiver of any rights of remedy.
15.5 Any notice we are required to give under this Contract shall be accepted by you as properly given if published on our website, sent to the email address provided by you on the Application form or sent to the property or such other address as you may notify to us. It is your obligation to ensure that all contact information provided to us by you is correct and up to date. Any notice you give to us under this Contract shall be accepted as properly given if delivered to the Head of Finance and Regulation at Evolve Limited, Blackwater House, 14 Silverwood Industrial Estate, Lurgan, BT66 6LN.
15.6 Save as otherwise provided in the Contract, a person who is not a party to the Contract shall not have any rights to enforce any Term of this Contract.
15.7 If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable it shell be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
15.8 Any complaints that you may have will be dealt with in accordance with the Connection Policy.
15.9 The customer will not, without the prior written consent of Evolve, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under this Contract.
15.10 In the event of any conflict or ambiguity between the Quotation, these Terms and Conditions, the Application form and Acceptance Acknowledgement, the following order of precedence shall apply:
15.10.1 Quotation;
15.10.2 Terms and Conditions
15.10.3 Application Form and
15.10.4 Acceptance Acknowledgement
15.11 This Contract and any dispute or claim arising out of it, or in connection with it or its subject matter or formation, shall be governed by and constructed in accordance with the laws of Northern Ireland and the courts of Northern Ireland shall have exclusive jurisdiction in relation to such disputes or claims.
In an era characterised by increasing environmental concerns and the pressing need for sustainable energy solutions, the injection of biomethane into the Northern Ireland gas grid at Dungannon in October 2023 stands as a ground-breaking milestone.
At Evolve, we are proud to spearhead this transformative journey for the industry in Northern Ireland. This is not a token connection, it is just the start of a journey to fully decarbonise our entire network.