Terms and conditions for the Boiler Upgrade Scheme installer portal

Guidance

Your personal data and privacy 

1. The Boiler Upgrade Scheme portal (‘the BUS portal’) includes but is not limited to the user sign-up process, the BUS installer account area and submitting a BUS voucher application. Your use of the BUS portal is subject to the following terms and conditions (the ‘terms and conditions’). The BUS portal is managed by Ofgem, the Office of Gas and Electricity Markets, on behalf of the Gas and Electricity Markets Authority, both of which are collectively referred to herein as 'we'. 

2. Please read these terms and conditions carefully before using the BUS portal. Your use of the BUS portal indicates your agreement to be bound by these terms and conditions.  

3. The terms and conditions should be read in conjunction with Ofgem’s BUS privacy notice for installers. This privacy notice sets out how we collect, store and use personal information relating to installers. This personal information is provided to Ofgem by authorised representatives and additional users when creating or changing user details on a BUS installer account. The privacy notice tells you what to expect when we collect and process your personal information under the BUS. By accepting the terms and conditions, you’re also accepting the terms of the BUS privacy notice for installers. 

4. Where there are any differences between this privacy notice and the Ofgem privacy policy, this privacy notice takes precedence.    

Your responsibilities 

5. When you register as a user of the BUS portal, as an employee of an organisation, you are registering on behalf of that organisation. You must only access the BUS portal in this capacity. It is your responsibility to ensure you have appropriate authority to act on behalf of that organisation, and do not exceed that authority. 

6. Your use of the portal and any dispute arising from its use will be governed by and construed in accordance with the laws of England and Wales, including - but not limited to - the: 

  • Computer Misuse Act 1990 
  • Data Protection Act 2018 
  • UK General Data Protection Regulation 
  • Mental Capacity Act 2005 

Security 

7. Your username (which is your email address) and password for this portal are personal to you and you must not disclose them or permit them to be used by anyone else. It is your responsibility to keep secure any information that might identify you and allow access to your account on the BUS portal. If you lose or accidentally reveal your username and password details, you must contact us immediately. You must also change your password using the ‘Forgot your password?’ link on the BUS portal. You must notify us immediately if you become aware of any loss or theft or any unauthorised use of a password or your account on the BUS portal. 

8. The email address used for the portal must be an individual’s email account and not one that is accessed by multiple people, such as a team or general inbox.  

9. There are risks in using a shared computer (for example, in a shared office) to access the BUS portal. It’s your responsibility to be aware of these risks and to avoid using any computer which may leave your personal information accessible to others. You’re responsible if you choose to leave a computer unprotected while using the BUS portal. 

10. You must take your own precautions to ensure that the way you access the BUS portal does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your computer system. 

11. You must not misuse the BUS portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the BUS portal, the system on which it is stored, or any server, computer or database connected to it. You must not attack this site using a denial-of-service attack or a distributed denial-of-service attack. 

12. You must take all reasonable steps to ensure that any information entered into the BUS portal is accurate at the time of entry and to only enter information which is, to the best of your knowledge, accurate at the time of entry. Knowingly or recklessly providing information which is materially false is a breach of the Boiler Upgrade Scheme Regulations (England and Wales) 2022 and could result in a criminal prosecution. 

13. Where information entered by you, or another user of the BUS portal registered on behalf of the same organisation as yourself, and held on the BUS database, is no longer accurate, you must contact us to ensure that the information on the BUS portal is updated with accurate information as soon as possible and within 14 days, as per the Boiler Upgrade Scheme Regulations (England and Wales) 2022. 

14. You must make sure we always have your current correct contact details to reduce security risks as far as possible. 

15. You must comply with the operational procedures, as amended from time to time, set out in guidance documents available on the Ofgem website. 

16. You must not commit any act or engage in conduct which is likely to bring Ofgem into disrepute or cause inaccurate information to be placed on the BUS portal. 

17. It is the responsibility of the authorised representative of the account to ensure that they maintain the list of those registered as users of the account, removing access where it is no longer required by individuals. 

Our responsibilities 

18. We’ll try to ensure that the BUS portal is available during working hours (9:00am to 5:00pm) Monday to Friday. However, there may be occasions when it is temporarily unavailable from time to time for maintenance or other reasons.  

19. We will endeavour to ensure that the information available on the BUS portal is accurate. However, we do not guarantee that the information on the BUS portal is at all times accurate. 

20. We reserve the right to change, suspend or discontinue any aspect of the BUS portal, and impose limits on the BUS portal at any time. Any variations to these terms and conditions will be carried out in accordance with the ‘Variations’ paragraph here. 

21. The failure of Ofgem to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision or any other instance. 

Termination

22. If for any reason we believe that you’ve not complied with any of the responsibilities set out above - in all or in part - we may at our discretion suspend your access to the BUS portal, immediately and without giving you notice.   

23. We reserve the right, without notice and at our discretion, to terminate the agreement and cancel your access to the BUS portal or portions of it for any reason.

Error 

24. Where application information has been provided on the BUS portal in error, please contact Ofgem at BUS.application@ofgem.gov.uk so we can correct the situation.

Fraud 

25. Where we identify that information on the BUS portal has been provided fraudulently, we will reject an application or revoke the voucher and contact you and the property owner regarding the application. We may refer the case of fraud to the police.

Audits 

26. To help ensure public money has been used correctly, Ofgem run a comprehensive audit programme. We will be conducting audits on installers and installations that have made a BUS application or received a BUS grant and you, as an installer, will be responsible for engaging with our audit regime. For more information see chapter nine of the BUS guidance for installers

Force majeure 

27. We’ll try to provide you with constant uninterrupted access to the portal. However, we do not guarantee it. We accept no responsibility or liability and cannot be deemed to be in default for any interruption or delay, resulting directly or indirectly from any cause or circumstance beyond our reasonable control. 

Governing law and jurisdiction 

28. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. 

Severability 

29. If any provision of this agreement is held to be invalid by a court of competent jurisdiction or is deemed to be unlawful, void or for any reason unenforceable, then that provision shall be severed from these terms and the remaining provisions shall remain in full force and effect. 

Variations 

30. These terms and conditions may be varied from time to time. Please ensure that you review these terms and conditions regularly, as you will be deemed to have accepted a variation if you continue to use the BUS portal after it has been posted.