Savings as a Service - 36 months
Terms and Conditions.
Last updated: 24th March 2021
The Hub Controller cost covers the Works. Where required, Additional Works will be quoted by Us before commencement of the Works. Any Additional Works and costs thereof will be agreed prior to commencement of the Works and/or Additional Works.
To avail of the savings guarantee after the first year:
- Automated Energy Reduction ("Eco-mode") must be activated at all times.
- Monthly savings will be calculated on an annual basis.
- Savings can only be verified on a like-for-like basis. Utility providers may increase prices or may offer discounts which will distort savings generated from the Hub Controller.
- Calculations will be based on the annual cost which would have been incurred had the Hub Controller not been installed
No warranty is provided regarding the functionality of the Product, including;
- the compatibility with your smart phone and home internet network; and
- whether the Product will meet your own specific requirements.
These Terms & Conditions are in addition to Hub Controls General Terms & Conditions.
The subscription fee for the Hub Controller service will be charged to your Payment Method once the Hub has been installed. Billing and payment collection will occur on monthly anniversary of the date of installation. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month.
Payment Methods. To use the Hub Controller service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. You must pay all the Charges for which we bill you, together with any Value Added Tax and any other taxes (at applicable rates from time to time) which apply in relation to any Charges payable under this Agreement. We will bill you one monthly period in advance for the Services.
Updating your Payment Methods. You can update your Payment Methods by updating your details via our payment portal or contacting Hub Controls on email@example.com. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Cancellation. You can cancel your Hub Controller subscription at any time (after minimum period has ended), and you will continue to have access to the full Hub Controller service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods. To cancel call our Customer Service contact number at +353 1 908 1771. If you cancel your membership, your account will automatically close at the end of your current billing period.
Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
Charges means charges to be paid by you for the Services set out in the Order or otherwise notified to you.
You must pay all the Charges for which we bill you, together with any Value Added Tax and any other taxes (at applicable rates from time to time) which apply in relation to any Charges payable under this Agreement. We will bill you one monthly period in advance for the services.
You must pay your monthly fee by the date specified in your bill. You will be liable for the Charges from the day on which we first make the Services available to you unless we notify you otherwise.
You agree that you are liable for any Charges incurred on your account irrespective of whether those Charges were incurred by you or anybody else with or without your consent. Unless stated otherwise, all prices quoted by us are inclusive of VAT and all Charges that appear on your bill are inclusive of VAT. We may vary our Charges from time to time upon notice in accordance with this Agreement.
Late Fees: If you do not make your payments on time we may withdraw any discount we may have given to you for payment in advance or for any other reason and we may also charge you a Late Fee.
If you want to change any of the Services agreed to, we may charge you a reasonable administration fee. Any such fees will appear in the documentation that we provide to you. To the extent permissible by law, we may charge you a fee for not using a particular payment method or provide you with a discount for using a particular payment method.
Direct Debit: Unless otherwise determined by us in our absolute discretion and notified to you, you will be required to pay your monthly fee by Direct Debit. This Agreement gives us authority to alter your variable Direct Debit instructions according to the Charges from time to time applicable to the Services. We shall notify your relevant bank or building society each month of the sums due to us from your account. We are entitled to charge you a reasonable administration fee if your Direct Debit order fails or you otherwise default in making payments to us. If your bank or building society is unable to make payment in any one month we reserve the right to immediately suspend any Direct Debit facility and demand a different method of payment.
We are entitled to calculate charges for any period in order to bring your account into line with our billing cycle, and for that purpose we reserve the right to add the whole or part of any month's (or other billing period's) Charges to future bills.
After the Minimum Period has expired, if you terminate this Agreement or any of the Services between the dates when we issue to you, you must pay all Charges which have accrued since the last bill was calculated and the proportion of any Access Charges and/or Rental Charges which has accrued on a pro-rata daily basis up to the date of termination or cancellation of the Services.
Unless otherwise stated in the documentation that we provide to you, the minimum period of the Services, is thirty-six (36) months starting on the date we activate the Services. Where you during the term of your Agreement with us request additional Services, the Minimum Period will be extended for a further period of thirty-six (36) from the date we activate the additional Services. A change for the purpose of this paragraph includes any modification, enhancement or upgrade to your Services requested by you. You can only terminate this Agreement during the Minimum Period where specifically detailed in this Agreement, otherwise we may charge you a cancellation charge that will not be more than the charges you would have paid for the Services for the remainder of the minimum period less any costs we save, including the cost of no longer providing you with the Services. If you ask to end part or all of your Services you will be advised of the cancellation charge that may apply. If you want to terminate this Agreement after the Minimum Period, one month's written notice is required.
Notwithstanding the above, you are entitled to cancel your order for Services under S.I. No. 484/2013 - European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 as amended as outlined in more detail in paragraph Cancellation Rights.
As well as our other rights under law and in this Agreement, we have the right to terminate this Agreement or suspend our provision of Services to you without notice, and to be compensated by you for any losses or expenses incurred by us, if;
- (i) you do not make payments to us when they are due or your Account Limit is exceeded; or
- (ii) you do not perform or observe any other obligation under this Agreement (a 'breach') and where you have breached this Agreement and that breach can be remedied, you fail to remedy the breach within the reasonable time specified by us in our written notice requiring you to do so;
- (iii) a voluntary arrangement between you and your creditors is proposed, or a bankruptcy petition is presented or a bankruptcy order is made against you or you are sequestrated or a receiver or trustee is appointed in respect of your estate;
- (iv) we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services and/or the Product from us or at any time during the provision of the Services and/or the Product;
- (v) you or another person at your premises commits, or is suspected in our reasonable opinion of committing, fraud or attempted fraud in connection with the use of the Services or the Product (including the use of the Services or the Product to commit or attempt to commit fraud);
- (vi) we are legally required to do so;
- (vii) in our reasonable opinion it is otherwise necessary or desirable to do so for security, technical or operational reasons or to protect our customers, or our employees.
Any exercise of our right to suspend the Services shall not exclude our right to later terminate this Agreement. We may refuse to restore the Services to you until we receive an acceptable assurance from you that there will be no further breach.
If, for reasons outside our control, the provision or maintenance of the Services to you proves impracticable, as determined in our sole discretion, we may discontinue the provision of the Services to you and refund you any Charges paid in advance by you to us.
If the Services are suspended as a result of a breach of this Agreement by you, we may impose a Charge to reflect our costs incurred in connection with suspending and/or recommencing the Services. In normal circumstances such Charge must be paid before the Services will be recommenced. You will continue to be liable to pay all Charges which are due for the Services and the Equipment during the period of suspension and any period in which you do not comply with this Agreement. Prior to restoring the Services following a breach of this Agreement by you (which restoration shall be at our absolute discretion), we may require assurances from you, a deposit from you or restrict the provision of the Services to you, in any form that we deem acceptable to ensure to our satisfaction that there will be no further breaches of this Agreement.
As well as your other rights, you shall have the right to terminate this Agreement by notice to us in writing if we fail to perform or observe any material obligation under this Agreement and (in the case of a breach capable of remedy) we fail to remedy the breach within a reasonable time from receiving from you a written notice specifying such breach and requiring us to remedy it.
After the Minimum Period expires this Agreement will continue until it is terminated by either of you or us giving the other one month's prior notice. You must pay all relevant Charges up to the end of that one month notice period.
If you terminate this Agreement before the end of the Minimum Period other than in the circumstances outlined in Paragraph Cancellation Rights you must pay us a cancellation charges as per Paragraph Duration above.
Other than a termination or cancellation pursuant to paragraph Cancellation Rights, where this Agreement is terminated for any reason or if any of the Services are cancelled we will be entitled to retain any money (including deposit monies and/or advance payments) held by us, and to apply that money towards any obligation or debt which you may owe to us the balance of any such deposit will then be returned to you.
Termination or suspension of this Agreement for whatever reason may result in the deletion of your remaining data, and the closure of your accounts and the removal of the Product, and we will be under no liability to you in respect of such deletion, closure and removal.
You have the right to cancel your contract within 14 days from the day of the conclusion of your contract, the delivery of your equipment or activation of your services, whichever is the later, under S.I. No. 484/2013 - European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 as amended or any other legislation. To exercise the right to cancel, please contact us by post to Hub Controls Ltd, Synergy Centre, ITT Dublin, Tallaght, D24 A386 or via our Customer Service contact number at +353 1 908 1771 within the 14 day period.
Please note that if you request the commencement of the performance of the services during the cancellation period, you shall be liable for an amount which is in proportion to what has been provided up to the point you cancelled your order in comparison with your full contract, together with any chargeable usage. Any refund due to you (less deductions due to Hub Controls) shall be discharged within 14 days of the date of return of the Product to Hub Controls. If you have any queries regarding the return of any equipment you have received from us please contact customer care at +353 1 908 1771.