Version 1. 04/19

Flexi-Orb User Guide

A - Introduction

A1

The Body operates to provide oversight for energy generating, energy storing or energy saving installations carried out in properties in the United Kingdom. The Body maintains a Database of information which assists Users to ensure the safe and controlled sale, deployment, decommissioning and recycling of installed Products, provide a platform on which any safety issues can be raised, to raise consumer safety where an energy generating, energy storing or energy saving Product has been installed and to assist more generally in the overall management and understanding of the use of Products.

A2

The Body recruits Installer Members on the basis of a Membership Agreement, which ensures that they provide details of energy generating, energy storing or energy saving Products that they install.  The requirements on Installer Members allow the Body to provide details for the UsersUsers agree to follow this User Guide when they join the BodyUsers may have differing levels of access to the Body.

A3

Additional requirements will apply to some Users and these will be set out in this User Guide or specifically agreed.  Manufacturers and Energy Aggregators who are Users have additional provisions set out in Section E and Section F.

A4

The Body provides access to the Database and this contains information relating to properties which may belong to individuals.  The maintenance of the Database is also important to ensure that the Body’s safety aims are met.  This User Guide ensures that Your use of the Database will comply with legal obligations on the use of data and will protect the Database’s integrity.  You must not use the Database other than in the way permitted in this User Guide.

A5

We want to ensure that You can use the Database and if You have any concerns or queries please contact Us via email info@flexi-orb.com

B - Definitions

B1

The following words or phrases are used throughout this User Guide and unless the context dictates otherwise, shall have the following meanings:

Database

Means the database maintained by Us in which We hold the records of energy generating, energy storing or energy saving installations provided to the Body.

Installer Member

Means a firm or individual trader engaged in the installation of Products who has entered a Membership Agreement with Us to comply with the Standard Terms of Membership of the Body.

Intellectual Property

Means patents, rights to inventions, copyright and related rights, rights in software, trade marks (including Licensed Logos), business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), 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.

Membership Agreement

Means the agreement between Us and Installer Members under which they register with the Body.

Products

The products or classes of retail products which Our Installer Members sell to consumers under the Body and which We confirm are recognised under the Body. Mainly energy generating, energy storing or energy saving products.

Body

Means The Flexible Energy Oversight Registration Body.

We, Us, Our

Means The Flexible Energy Oversight Registration Body Limited.

You, Your, User

Means the person or organisation We have permitted to access the Database and the Body.

C - Operation

C1

You must only use the Body and the Database on the following basis:

  • For the purposes specified in the Database section below;
  • No information may be taken from the Database other than as set out in the Database section below;
  • Notify Us of any issues You may experience when using the Body;
  • Not used other than as intended by the Body and must protect Our Intellectual Property in the Database and any elements of the Body;
  • Not to bring the Body into disrepute; and
  • To comply with all Data Protection Laws.

C2

We will provide You access to the Body/Database based on:

  • Our reasonable endeavours to provide access to the Body and the Database, although We are not bound to provide access at any time. From time to time the Database may not be available for operational issues or if We determine that the Body should end;
  • Our compliance with all laws applicable to the operation of the Body.

C3

You agree to comply at all times with any additional requirements We set for the use of the Body or the Database and shall ensure that You or anyone We provide access to the Body or the Database at Your request complies with the Terms of Use for the Body.

C4

You shall not bring Us or the Body into disrepute.

C5

You shall comply with all relevant laws, codes and regulations relevant to Your use of the Body.

D - Database

D1

You agree to use the Database provided by the Body in accordance with this User Guide.  The terms are provided to protect You when using the Database, to protect those whose information is held on the Database and to protect the Body.  It is important You comply with the details in this section.

D2

Once You have been successfully granted access to the Database by the Body, You may access the Database via the Body website login.flexi-orb.com using the login credentials provided by the Body. It is Your responsibility to keep the login credentials secure from use by anyone other than You. Should You become aware that Your login credentials have been used by an unauthorised individual or individuals, You must immediately contact the Body and arrange for the login credentials to be amended.  

D3

Access to the Database is permitted for the following purposes only:

  • UK Fire Service are permitted to use the Database to identify Products which may cause danger in an emergency. The Database should only be used to protect individuals from harm.
  • Manufacturers to allow Product warranties to be registered, audit installations and/or notify of important Product recalls and safety announcements.
  • Energy Providers and Aggregators may use Our data for oversight and key management purposes.
  • CTSI Code Sponsors to allow them to confirm their member installers are meeting their Code requirements to register works with Us and audit Your registration information.
  • Distribution Network Operators, Independent Distribution Network Operators, National Grid and the Energy Network Association who need to be notified about or authorise the connection of Products to the electricity grid.
  • Certification Bodies who require notifications about the installation of Products in order to comply with appropriate building regulations.
  • Insurance Backed Guarantee Providers require access to the Database to audit installations and ensure that the appropriate protection has been registered.
  • UK Government departments and organisations require anonymised information to assist with oversight statistics to help raise industry safety standards and ensure safe and controlled deployment.
  • Trade Associations operating in the energy sector so that they can provide feedback and advice on the UK energy network infrastructure.
  • Finance Lenders & Brokers so that they can check that appropriate protection is in place.
  • Product Certification Schemes to enable audits on the Products provided by the Installer Members.
  • Organisations who are wanting to check an installer is a member of Flexi-Orb or to find a Flexi-Orb member.

D4

You must only use the Database for the purposes set out in D3 and to the extent specified in that provision where it relates to You, unless You are authorised to do so elsewhere.  If You use the information for any other purpose or in any other way You will be in breach of this User Guide.  A breach of the User Guide may result in You being in breach of Your legal obligations to any data subject.

D5

Use of the Database and the Body is by invitation only and You are therefore not permitted to assign, transfer, charge, grant rights to any other person.

E - Manufacturer Obligations

E1

You shall notify Us of any faults or recalls of Your Products.

E2

You may use the Manufacturer Permissions on the Database in accordance with any directions We provide.

F - Energy Aggregator Obligations

F1

You shall notify all new and existing installers that have a relationship with You, that they must become members of the Body.

F2

You shall notify all installers that have a relationship with You, that they must register all of Your customer’s installations with the Body.

F3

You shall notify all installers that they must maintain membership with the Body in order for them to continue their relationship with You.

G - Licence of Intellectual Property Rights

G1

We grant to You a non-exclusive, non-transferrable license, to use Our Intellectual Property solely in accordance with operation of the Body. You shall not alter, deface or modify the Intellectual Property in any way nor shall You seek to create any derivative, developed or improved rights (improvements). In the event that any improvements are created then ownership of these shall automatically vest in Us.

G2

For the avoidance of doubt all ownership rights vesting in Our Intellectual Property shall remain Our exclusive property (or where applicable, the third party from whom the right to use the Intellectual Property has derived). We make no warranties as to the validity or enforceability of the Intellectual Property, nor do We warrant that it does not infringe the rights of any third party.

G3

You shall promptly give Us notice in writing if You become aware of any infringement or suspected infringement of the Intellectual Property or any other rights relating to Your Membership.

H - Variation

H1

We may vary the contents of this User Guide with immediate effect without the provision of any notice of the change to You.

I - Termination

I1

We may terminate any persons right to use the Database and the Body with immediate effect in the event that they fail to comply with this User Guide or any cause any other breach of the provisions of the Body which We reasonably deem to be material.

I2

We may terminate any persons right to use the Database and the Body on 30 days’ notice.

I3

You may terminate Your use of the Body at any time by ceasing to use the Body.

I4

Termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach.

J - Data Protection and Information Security

J1

We will use Your data if You are an individual or an individual in a partnership to administer the Body. This is necessary to meet the obligations of the Bodies agreement with You. We will also use the data of Your employees for the purposes of the Body. This is part of Our legitimate interest in administering the Body. You agree to confirm to Your employees that We may use their data.

J2

Full details of Our use of data and data protection can be found in Our Privacy Policy which is available at www.flexi-orb.com/privacy-policy.

J3

Both You and Us agree and confirm we shall comply with the requirements of the data protection laws.

K - Liability and Indemnity

K1

Our liability for the Body and the Database shall not limit or exclude liability to the death or personal injury by Our negligence, any fraud or fraudulent misrepresentation or willful default and any other matter in respect of which it would be unlawful to exclude or limit liability.

K2

Subject to clause K1 and to the extent permitted by law We shall under no circumstances whatsoever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any losses howsoever arising.

L - Governing Law and Jurisdiction

L1

All matters relating to the Body shall be governed by, and construed in accordance with, the law of England and Wales.

Flexi-Orb User Guide

A - Introduction

A1

The Body operates to provide oversight for energy generating, energy storing or energy saving installations carried out in properties in the United Kingdom. The Body maintains a Database of information which assists Users to ensure the safe and controlled sale, deployment, decommissioning and recycling of installed Products, provide a platform on which any safety issues can be raised, to raise consumer safety where an energy generating, energy storing or energy saving Product has been installed and to assist more generally in the overall management and understanding of the use of Products.

A2

The Body recruits Installer Members on the basis of a Membership Agreement, which ensures that they provide details of energy generating, energy storing or energy saving Products that they install.  The requirements on Installer Members allow the Body to provide details for the UsersUsers agree to follow this User Guide when they join the BodyUsers may have differing levels of access to the Body.

A3

Additional requirements will apply to some Users and these will be set out in this User Guide or specifically agreed.  Manufacturers and Energy Aggregators who are Users have additional provisions set out in Section E and Section F.

A4

The Body provides access to the Database and this contains information relating to properties which may belong to individuals.  The maintenance of the Database is also important to ensure that the Body’s safety aims are met.  This User Guide ensures that Your use of the Database will comply with legal obligations on the use of data and will protect the Database’s integrity.  You must not use the Database other than in the way permitted in this User Guide.

A5

We want to ensure that You can use the Database and if You have any concerns or queries please contact Us via email info@flexi-orb.com

B - Definitions

B1

The following words or phrases are used throughout this User Guide and unless the context dictates otherwise, shall have the following meanings:

Database

Means the database maintained by Us in which We hold the records of energy generating, energy storing or energy saving installations provided to the Body.

Installer Member

Means a firm or individual trader engaged in the installation of Products who has entered a Membership Agreement with Us to comply with the Standard Terms of Membership of the Body.

Intellectual Property

Means patents, rights to inventions, copyright and related rights, rights in software, trade marks (including Licensed Logos), business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), 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.

Membership Agreement

Means the agreement between Us and Installer Members under which they register with the Body.

Products

The products or classes of retail products which Our Installer Members sell to consumers under the Body and which We confirm are recognised under the Body. Mainly energy generating, energy storing or energy saving products.

Body

Means The Flexible Energy Oversight Registration Body.

We, Us, Our

Means The Flexible Energy Oversight Registration Body Limited.

You, Your, User

Means the person or organisation We have permitted to access the Database and the Body.

C - Operation

C1

You must only use the Body and the Database on the following basis:

  • For the purposes specified in the Database section below;
  • No information may be taken from the Database other than as set out in the Database section below;
  • Notify Us of any issues You may experience when using the Body;
  • Not used other than as intended by the Body and must protect Our Intellectual Property in the Database and any elements of the Body;
  • Not to bring the Body into disrepute; and
  • To comply with all Data Protection Laws.

C2

We will provide You access to the Body/Database based on:

  • Our reasonable endeavours to provide access to the Body and the Database, although We are not bound to provide access at any time. From time to time the Database may not be available for operational issues or if We determine that the Body should end;
  • Our compliance with all laws applicable to the operation of the Body.

C3

You agree to comply at all times with any additional requirements We set for the use of the Body or the Database and shall ensure that You or anyone We provide access to the Body or the Database at Your request complies with the Terms of Use for the Body.

C4

You shall not bring Us or the Body into disrepute.

C5

You shall comply with all relevant laws, codes and regulations relevant to Your use of the Body.

D - Database

D1

You agree to use the Database provided by the Body in accordance with this User Guide.  The terms are provided to protect You when using the Database, to protect those whose information is held on the Database and to protect the Body.  It is important You comply with the details in this section.

D2

Once You have been successfully granted access to the Database by the Body, You may access the Database via the Body website login.flexi-orb.com using the login credentials provided by the Body. It is Your responsibility to keep the login credentials secure from use by anyone other than You. Should You become aware that Your login credentials have been used by an unauthorised individual or individuals, You must immediately contact the Body and arrange for the login credentials to be amended.  

D3

Access to the Database is permitted for the following purposes only:

  • UK Fire Service are permitted to use the Database to identify Products which may cause danger in an emergency. The Database should only be used to protect individuals from harm.
  • Manufacturers to allow Product warranties to be registered, audit installations and/or notify of important Product recalls and safety announcements.
  • Energy Providers and Aggregators may use Our data for oversight and key management purposes.
  • CTSI Code Sponsors to allow them to confirm their member installers are meeting their Code requirements to register works with Us and audit Your registration information.
  • Distribution Network Operators, Independent Distribution Network Operators, National Grid and the Energy Network Association who need to be notified about or authorise the connection of Products to the electricity grid.
  • Certification Bodies who require notifications about the installation of Products in order to comply with appropriate building regulations.
  • Insurance Backed Guarantee Providers require access to the Database to audit installations and ensure that the appropriate protection has been registered.
  • UK Government departments and organisations require anonymised information to assist with oversight statistics to help raise industry safety standards and ensure safe and controlled deployment.
  • Trade Associations operating in the energy sector so that they can provide feedback and advice on the UK energy network infrastructure.
  • Finance Lenders & Brokers so that they can check that appropriate protection is in place.
  • Product Certification Schemes to enable audits on the Products provided by the Installer Members.
  • Organisations who are wanting to check an installer is a member of Flexi-Orb or to find a Flexi-Orb member.

D4

You must only use the Database for the purposes set out in D3 and to the extent specified in that provision where it relates to You, unless You are authorised to do so elsewhere.  If You use the information for any other purpose or in any other way You will be in breach of this User Guide.  A breach of the User Guide may result in You being in breach of Your legal obligations to any data subject.

D5

Use of the Database and the Body is by invitation only and You are therefore not permitted to assign, transfer, charge, grant rights to any other person.

E - Manufacturer Obligations

E1

You shall notify Us of any faults or recalls of Your Products.

E2

You may use the Manufacturer Permissions on the Database in accordance with any directions We provide.

F - Energy Aggregator Obligations

F1

You shall notify all new and existing installers that have a relationship with You, that they must become members of the Body.

F2

You shall notify all installers that have a relationship with You, that they must register all of Your customer’s installations with the Body.

F3

You shall notify all installers that they must maintain membership with the Body in order for them to continue their relationship with You.

G - Licence of Intellectual Property Rights

G1

We grant to You a non-exclusive, non-transferrable license, to use Our Intellectual Property solely in accordance with operation of the Body. You shall not alter, deface or modify the Intellectual Property in any way nor shall You seek to create any derivative, developed or improved rights (improvements). In the event that any improvements are created then ownership of these shall automatically vest in Us.

G2

For the avoidance of doubt all ownership rights vesting in Our Intellectual Property shall remain Our exclusive property (or where applicable, the third party from whom the right to use the Intellectual Property has derived). We make no warranties as to the validity or enforceability of the Intellectual Property, nor do We warrant that it does not infringe the rights of any third party.

G3

You shall promptly give Us notice in writing if You become aware of any infringement or suspected infringement of the Intellectual Property or any other rights relating to Your Membership.

H - Variation

H1

We may vary the contents of this User Guide with immediate effect without the provision of any notice of the change to You.

I - Termination

I1

We may terminate any persons right to use the Database and the Body with immediate effect in the event that they fail to comply with this User Guide or any cause any other breach of the provisions of the Body which We reasonably deem to be material.

I2

We may terminate any persons right to use the Database and the Body on 30 days’ notice.

I3

You may terminate Your use of the Body at any time by ceasing to use the Body.

I4

Termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach.

J - Data Protection and Information Security

J1

We will use Your data if You are an individual or an individual in a partnership to administer the Body. This is necessary to meet the obligations of the Bodies agreement with You. We will also use the data of Your employees for the purposes of the Body. This is part of Our legitimate interest in administering the Body. You agree to confirm to Your employees that We may use their data.

J2

Full details of Our use of data and data protection can be found in Our Privacy Policy which is available at www.flexi-orb.com/privacy-policy.

J3

Both You and Us agree and confirm we shall comply with the requirements of the data protection laws.

K - Liability and Indemnity

K1

Our liability for the Body and the Database shall not limit or exclude liability to the death or personal injury by Our negligence, any fraud or fraudulent misrepresentation or willful default and any other matter in respect of which it would be unlawful to exclude or limit liability.

K2

Subject to clause K1 and to the extent permitted by law We shall under no circumstances whatsoever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any losses howsoever arising.

L - Governing Law and Jurisdiction

L1

All matters relating to the Body shall be governed by, and construed in accordance with, the law of England and Wales.