Terms and conditions
THESE TERMS AND CONDITIONS GOVERN THE USE OF OUR DISTRIBUTED ENERGY RESOURCES (DER) PORTAL. BY USING THE DISTRIBUTED ENERGY RESOURCES PORTAL, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE DISTRIBUTED ENERGY RESOURCES PORTAL AND YOU AGREE THAT YOU WILL CEASE TO DO SO IMMEDIATELY.
- Who we are
1.1 In these terms and conditions, "we" and "us" means National Grid Electricity Distribution PLC 09223384; National Grid Electricity Distribution (East Midlands) Plc (company number 02366923); National Grid Electricity Distribution (West Midlands) Plc (company number 03600574); National Grid Electricity Distribution (South West) Plc (company number 02366894); National Grid Electricity Distribution (South Wales) Plc (company number 02366985); National Grid Helicopters Limited (company number 02439215); National Grid Electricity Distribution Property Investments Limited (company number 02373239) and National Grid Telecoms Limited (company number 2386327); (collectively, “NGED”). All are registered to Avonbank, Feeder Road, Bristol BS2 0TB
- The Distributed Energy Resources (DER) Portal is intended for business users only
2.1. You acknowledge and agree that the DER Portal is intended for business users only. You agree that you shall only use and access the DER Portal in your capacity as a business and not as a consumer.
- Definitions and interpretation
3.1. The following defined terms are used in these terms and conditions:
"Constraint" means a temporary reduction in the maximum permitted output of a generation site.
" Distributed Energy Resources (DER) Portal" means this website.
"Intellectual Property Rights" means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Personal Data" has the meaning given to it in the Data Protection Act 1998.
"User Account" means a user account which must be set up by each user in order to access and use the DER Portal.
"User Account Details" has the meaning given to it in Clause 5.1 of these terms and conditions.3.2. Any reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
- Your access and use of the DER Portal
4.1. The DER Portal enables generation site owners and operators to update details about generation sites for which they are responsible. The DER Portal enables site owners and operators to view information about expected curtailment due to planned outages on the EHV and 132kV networks, or which may be required as a result of outages on National Grid's network in the near future. The DER Portal also enables users who are considering connecting a generation site to NGED’s network to request a report showing the indicative curtailment to which the site in question may have been subject. Each user is required to have a valid User Account in order to access and use the DER Portal but not this will not be necessary if you choose to use our online form informing us of a potential new connection of a generation site.
4.2. You agree that you will only use the information, data and materials made available via the DER Portal for your own non-commercial, internal business purposes and that you will not transfer it to, or share it with, any third party except for your own non-commercial, internal business purposes. We will endeavour to allow uninterrupted access to the DER Portal. However access to the DER Portal may be suspended, restricted or terminated by us at any time.
4.3. We reserve the right to change, modify, substitute or remove without notice any information, data or materials on the DER Portal from time to time.
4.4. We assume no responsibility for the contents of any other websites to which the DER Portal has links.
4.5. You agree to use all reasonable endeavours to ensure that any information you upload to the DER Portal is accurate and that you will keep it up-to-date.
- You must keep your User Account details safe
5.1. You must keep your User Account details safe, including without limitation any passwords, usernames, and other security information ("User Account Details"). You must treat such information as confidential and must not disclose it to any third party.
5.2. We have the right to disable any User Account for any reason at any time, including if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
5.3. If you know or suspect that anyone other than you knows your User Account Details you must promptly notify us via our contact details stated below.
- Intellectual Property Rights in the DER Portal
6.1. The copyright in the material contained in the DER Portal, together with the DER Portal design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) and all other Intellectual Property Rights which subsist in the DER Portal belong to us, our subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
6.2. We own the trademark National Grid Electricity Distribution. Other product and company names mentioned on the DER Portal may be the trademarks of their respective owners. You are not entitled to use the logos and brand names owned by us without our express prior written permission
- 7. Information about Curtailment may vary from time to time
7.1. You acknowledge and agree that:
(a) the information about Curtailment provided by NGED via the DER Portal is based on information available to NGED at the time it is uploaded to the DER Portal, and as such, is subject to change and updating from time to time;
(b) the information about proposed Curtailment provided by NGED via the DER Portal only includes information about planned outages and that additional Curtailment may be required in the event of outages which are unplanned; and
(c) NGED may need to implement other curtailment, or make changes to proposed curtailment, depending on prevailing system conditions at any time. This curtailment may be implemented by NGED at any time without notice. - 8. You should contact us before relying on any information provided via the DER Portal
8.1. The information provided via the DER Portal is provided for general information only. It is not intended to amount to advice on which you should rely. You should contact us before taking, or refraining from taking, any action on the basis of any information made available via the DER Portal. If you have any questions about a planned Constraint or any information made available via the DER Portal, you may contact us using the details set out below.
- 9. Exclusions of liability
9.1. Although we make reasonable efforts to update the information, data and materials on the DER Portal, we make no representations, warranties or guarantees, whether express or implied, that the DER Portal is accurate, complete or up to date.
9.2. We do not monitor, verify or endorse any information that may be submitted by third parties for posting on the DER Portal and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the DER Portal. We do not guarantee that the DER Portal will be fault free and do not accept liability for any errors or omissions.
9.3. We do not give any warranty that the DER Portal is free from viruses or anything else which may have a harmful effect on any technology.
9.4. Our liability to you, whether in contract, tort or otherwise, arising in connection with these terms and conditions and/or your use of the DER Portal is excluded to the fullest extent permissible by law.
9.5. To the extent that our liability is not excluded under Clause 9.5 of these terms and conditions, you agree we shall not be liable to you for any of the following types of liability, whether in contract, tort or otherwise arising out of or in connection with these terms and conditions and/or your use of the DER Portal:
(a) loss of profits, revenue or turnover;
(b) loss of business or business opportunities;
(c) loss of anticipated savings or wasted expenditure;
(d) loss of goodwill or reputation;
(e) loss of data; or
(f) any indirect or consequential loss or damage. - 10. Data protection
10.1. In using the DER Portal we may collect certain Personal Data about you (for example, Personal Data which identifies you as a generation site owner or operator or which relates to your User Account). You agree that we may:
(a) process such Personal Data in accordance with our Privacy Policy;
(b) use such Personal Data for the purpose of operating and maintaining a safe and efficient electricity network or for the purpose of operating and maintaining the DER Portal;
(c) use such Personal Data to contact you about our services; and
(d) pass such information on to certain third parties: (i) in order to help us operate and maintain a safe and efficient electricity network; (ii) for the purpose of operating, improving and maintaining the DER Portal; (iii) where we need to do so in order to comply with any regulatory or legal obligation to which we may be subject; or (iv) otherwise in accordance with our Privacy Policy.10.2. If you have any concerns or questions about our use of your Personal Data please contact us via the details below.
- 11. Cookies
11.1. A cookie is a small text file written to your hard drive that contains information about you. Cookies do not contain any Personal Data about users. Once you close your browser, the cookie simply terminates. We use cookies in accordance with our Cookies Policy so that we can personalise your experience of the DER Portal. If you set up your browser to reject the cookie, you may still use the DER Portal.
- 12. Termination
12.1. We may terminate or suspend your access to the DER Portal and the services within it at any time for any reason (including without limitation if you breach these terms and conditions), including terminating or suspending access to your User Account.
12.2. All disclaimers and exclusions and limitations of liability in these terms and conditions shall survive termination of these terms and conditions for any reason.
- 13. General
13.1. If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
13.2. We may modify these terms and conditions at any time by publishing the modified terms and conditions on the DER Portal. Any modifications shall take effect 3 days after posting on the DER Portal.
- 14. Governing law
14.1. These terms and conditions shall be governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
- 15. Our contact details
15.1. If you have any questions about this DER Portal, or about any planned Curtailment, please contact us via email using the contact details set out below.
NGED contact details: