(d) VolDEC reports are issued with a specific period of validity. You agree not to continue to
refer to a VolDEC rating on a building as being current beyond the stated period of validity.
You may continue to refer to it as a historical rating, and act upon any recommendations for
energy performance improvement actions beyond that date.
(e) Energy consumption data varies with many factors including the level of activity inside a
building, external weather conditions, employee or occupant behaviour, and any changes
made to the building or its services during the period of data collection. The VolDEC rating is
based on historical data for a defined period, so cannot be guaranteed to be representative of
energy use in that building or as an indicator of future energy consumption.
(f) We will audit 5% of the VolDECs generated through the online VolDEC portal, in order to
ensure that data input to the system is accurate. This audit may require you, the user of the
VolDEC portal, to provide us with additional data or supporting evidence. This might also
involve us carrying out a site visit to any building recorded on the VolDEC online system. By
agreeing to these terms and conditions you agree to take part, cooperate with and support us
in the execution of any such audits that involve you. Should an audit indicate incorrect inputs
or use of the VolDEC platform then NEF/BES will work with the organisation to resolve any
issues and re-issue the certificate with a normal certificate cost to the client. NEF/BES reserve
the right to block organisations that continue to submit poor data or misuse the VolDEC
platform. Any appeal will be referred to an independent energy expert at a joint cost to the
client.”
3. We will not sell data relating to your properties to third parties for the purpose of marketing
energy performance improvement actions without your explicit consent. We may sell
aggregated data (as in condition 2 above) to interested parties, including government
agencies, but with the same proviso that we shall use reasonable endeavours to prevent
data relating to your individual properties being identifiable, without your explicit consent.
4. Any actions taken by you following the completion of a VolDEC, including (but not restricted
to) your undertaking any recommendations for energy performance improvement actions,
are undertaken by you at your own risk and we cannot be held liable for the failure of such
actions to achieve anticipated (or any) energy savings, or for any consequential losses as a
result of such actions, howsoever caused.
5. The detailed VolDEC methodology and processes are owned by us, and you agree not to
seek to reverse engineer them or to otherwise produce VolDEC outputs without using our
systems or services. If, during the conduct of a VolDEC process, you identify potential
improvements to the methodology, system or service, then you may offer it to us as an
improvement and we may, at our absolute discretion, decide whether to seek to create a
similar improvement through our own efforts or to negotiate with you for incorporation of
your specific improvement into our system.
6. We agree to provide the certificate providing payment has been agreed in accordance with
our terms of business and reserve the right to withhold provision of VolDEC results until
such time as we have been paid. Where certificates need to be subsequently revised or
updated due to either incorrect or poor quality source data provided by you, extra charges
may need to be applied.
7. These terms and conditions form the basis of the legal agreement between you and us for
the provision of VolDEC services, including the production of any certificates or reports as
may be agreed. They are applicable to the extent that they may be applied; if any terms
become illegal or unable to be delivered, the remaining terms shall stay in force and be
construed in the light of the changed circumstances. If necessary, they shall be interpreted
according to English law and subject to the jurisdiction of English courts.
8. NEF, BES and the software developers (Carbon Descent) accept no liability for the use of
the VolDEC online tool and benchmarks both of which are to be used entirely at the user's
risk. The VolDEC tool should not be used for any application with potential liabilities unless
the user has first established to their own satisfaction the tool's functionality and
appropriateness."
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