5.1Flexibility Service Schemes (“Flex” or “Flexes”) are those which may pay you money to turn up or down your energy consumption at certain times of the day. These times are known as Flexibility Service Scheme Events (“Events”).
To be eligible for this part of our Services, you need to:
5.1.1have a smart meter or if you’re a larger business, an advanced half hourly meter, and give us consent to access your half hourly data;
5.1.2give us permission to share this data with the Flex Provider (this may be the National Energy System Operator (NESO), a District Network Operator (DNO), an energy supplier or any other entity that may be communicated to you when inviting you to opt-in to participate in an Event, in order that they can reconcile any flexibility provided and monies due;
5.1.3agree for us to also share your data with any third parties who we may require to deliver the Service, for the purposes of providing the Service, which may include partners;
5.1.4not be registered with another Flex Provider that you have signed up to after joining our Service; and
5.1.5successfully change your energy consumption as required by the Flex Provider in the Event, as we, or our partner, will communicate with you.
5.2Perse acts as the provider of the Flex Services and you participate directly with us in relation to such services, even if you were introduced by another entity.
5.3As part of this Service, you authorise Perse to:
5.3.1access and process meter and energy data;
5.3.2register assets and meter points;
5.3.3submit bids;
5.3.4communicate with Flex Providers;
5.3.5participate in Flex Services on your behalf;
5.3.6process and share data required for Flex Services.
5.4The date, timing and frequency of any Flex Event is in the sole discretion of the Flex Provider. Eligibility for payment is also in the sole discretion of the Flex Provider.
5.5We will endeavour to give you notice of any Flex Event and to register you to participate but we do not guarantee the same. We also endeavour to provide the Flex Provider with accurate forecasts to optimise the chance of having bids accepted, but we cannot guarantee accuracy nor what the Flex Provider will accept.
5.6We will communicate to you the amount of energy usage that we believe you have saved or used, as applicable, during any Flex Event and the monies that we believe you will be due. However, we rely on the accuracy of industry data and the Flex Provider’s decision on amounts to be paid and the timing of payments.
5.7You are solely responsible for your energy consumption, behaviour and delivery of any flexibility response during a Flex Event. Perse has no control over your behaviour, energy consumption or performance outcomes. Any forecasts, analytics, estimates, recommendations or projections provided by Perse are indicative only, provided on a reasonable endeavours basis and in accordance with good industry practice only.
5.8You shall provide all information and assistance reasonably required for settlement, validation, audit or dispute resolution purposes relating to Flex Services.
5.9Perse makes no representation, warranty or guarantee as to:
5.9.1participation success;
5.9.2acceptance of bids;
5.9.3event frequency;
5.9.4earnings or payments;
5.9.5delivery outcomes; or
5.9.6future savings or revenues.
5.10Perse does not owe any duty of care in relation to forecasts, analytics, bid recommendations or estimated revenues, which are provided for information purposes only.
5.11You acknowledge that you do not rely on Perse for investment, commercial or energy trading decisions and retain full discretion regarding participation in Flex Services.
5.12The timing and method of any payments, once monies are received from the Flex Provider, shall be at our discretion. However, we intend to provide you with the option to choose to draw down funds once minimum levels are reached, from your customer account.
5.13Payments to you are strictly conditional upon:
5.13.1Perse receiving payment from the relevant Flex Provider;
5.13.2successful validation of delivery;
5.13.3absence of clawbacks, penalties or adjustments; and
5.13.4Perse determining, in its reasonable discretion, that the applicable scheme requirements have been satisfied.
5.14You shall indemnify and keep indemnified Perse against any losses, liabilities, claims, penalties, costs or charges arising from:
5.14.1failure to deliver flexibility;
5.14.2inaccurate or incomplete data;
5.14.3failure to obtain or maintain required permissions or consents;
5.14.4breach of applicable Flexibility Service Scheme rules;
5.14.5unlawful data access or use; or
5.14.6any act or omission by you.
5.15You warrant that all data provided to Perse is accurate, complete and not misleading and shall promptly notify Perse of any material changes. You shall not artificially inflate, reduce or distort energy consumption or generation patterns for the purpose of affecting baseline calculations, settlement outcomes or payments. You shall not displace energy consumption or generation between meters or assets in a manner intended to affect flexibility outcomes.
5.16You also warrant that your assets are not registered with another flexibility provider or scheme where this would breach applicable rules.
5.18Our terms are also intended to incorporate the NESO’s Demand Flexibility Service Service Terms also as if they were written herein in full. Please also ensure you are familiar with the same: https://www.neso.energy/document/348106/download 5.19Perse may modify, suspend or terminate Flex Services where required to comply with changes to Flexibility Service Scheme rules, industry requirements or applicable laws.
5.20You shall comply with all applicable Flexibility Service Scheme rules, instructions and requirements as notified by Perse from time to time.