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Terms and Conditions

Terms and Conditions

INTRODUCTION

These terms and conditions are for visitors to the website: https://mcscertified.com/ and for those accessing the MCS Installations Database: https://certificate.microgenerationcertification.org

The website and MCS Installations Database (MID) are owned by The MCS Service Company Ltd, trading as MCS.

Your use of the MCS website and MID is subject to the following terms and, by using our sites, you agree to be legally bound by them. This applies whether you register your details with us or not. Please read these terms carefully and also our Privacy Policy and Cookies Policy before using the website and/or MID.

 

INTERPRETATION

In these Terms and Conditions, unless the context otherwise requires:

“Administrator” means a User account with full administration access to the MID;

“Affiliate” means in relation to a body corporate, any subsidiary, subsidiary undertaking or holding company of such body corporate, and any subsidiary or subsidiary undertaking of any such holding company for the time being;

“The Department for Energy Security and Net Zero” is the successor to BEIS, the Department for Business, Energy and Industrial Strategy;

“Certification Body” means the UK Accreditation Service accredited body issuing MCS certification that is granted a User account with read and write access to MID data for the maintenance of installer and product certification and partial reporting access in order to view installations and information input by installers they have certified, to allow them to assess and investigate complaints and compliance issues, perform audits and data checks, review performance and volume, assist installers with administrative tasks, provide MCS with accurate data, and assess extended access requests;

“Consumer Codes” means a User account with read only access to MID data and partial reporting access, usually assigned to the Trading Standards Institute approved Consumer Codes associated with the Scheme, which are able to view installations and information input by installers, to allow them to assess and investigate complaints and compliance issues, perform audits and data checks, review performance and volume, and manage insurance-backed warranty details;

“Content” means data, mode of expression, or other material and services found in the MID;

“Data Controller” means the entity which collects data and/or determines the purposes and means of the Processing of Personal Data;

“DPA” means Data Processing Agreement;

“Data Processor” means the entity which processes personal data under the instructions of the Data Controller;

“Data Subject” means the identified or identifiable person to whom Personal Data relates;

“Data Subject Access Request” means any request made by a Data Subject to assert its rights under UK GDPR, in particular the right to access, correct, amend, restrict, terminate, transfer or delete its Personal Identifiable Data;

“Installation Certificate” means a certificate issued on registration of an installation on the MID;

“Installation Owner” means the owner of an installation registered on the MID where an Installation Certificate has been generated;

“Installer Master Admin User” or “MAU” means the principal User account assigned to the named Installer contact, this account allows the user to add additional installer accounts;

“Installer” means a User account authorised by the Installer MAU and granted to administrators within an MCS certified installation company. These accounts allow their users to submit and amend MCS certificates, purchase credits and review credit transaction history, run reporting related to the installations performed by the company, and review and amend certain account details;

“Intellectual Property” means copyright and related rights, moral rights, trademarks and service marks, business names and domain names, 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;

“FIT” means the Feed-in Tariff scheme. The FIT is a government programme designed to promote the uptake of renewable and low-carbon electricity generation technologies. The scheme requires participating licensed electricity suppliers to make payments on both generation and export from eligible installations. The scheme was closed to new applicants in March 2019;

“Market Operator” (includes the Department for Energy Security and Net Zero and DESNZ) means a User account with read only access to MID data and partial reporting access, usually assigned to energy providers, which are able to run limited reporting and view MCS certificates, for the purposes of administering the FIT and Smart Export Guarantee, including installation details and compliance checks;

“MID” means the MCS Installation Database, which sets out details of microgeneration installations which have been installed by MCS certified installers;

“MCS” means the Microgeneration Certification Scheme;

“MCS Email Address” means mcshelpdesk@mcscertified.com;

“Personal Data” means any information relating to (i) an identified or identifiable natural person and (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under UK GDPR), for the purposes of this document personal data and personal identifiable data will be interchangeable;

“PID” means personal identifiable data;

“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; “process” and “processes” will be construed accordingly;

“Ofgem” means a User account with read only access to MID data and partial reporting access, usually assigned to employees of Ofgem, who are able to run limited reporting and view MCS certificates, for the purposes of administering the FIT, RHI and other Government incentives, including details and compliance checks;

“Registration Form” means the form used to register an MCS compliant installation;

“Reporting User” means a user account with reporting only access to the MID;

“RHI” means Domestic Renewable Heat Incentive;

“UK GDPR” means United Kingdom General Data Protection Regulation;

“User” means an individual or a body who is authorised to access and use the MID, including an Administrator, Certification Body, Installer, Market Operator, Consumer Code, and Ofgem;

“Website” means the MCS website with its homepage at www.mcscertified.com

The following text outlines the Terms and Conditions of service. The User should read this carefully before using the MID.

USER RESPONSIBILITIES FOR MID

The User shall:

  • Only use the Content in accordance with these Terms and Conditions and the MID User Guide;
  • Supervise and control use of the Content in accordance with these Terms and Conditions;
  • Not display any Content on a public bulletin board, File Transfer Protocol Site, website, chat room or by any other unauthorised means;
  • Receive and hold the password in the strictest confidence and take all reasonable security precautions in the safekeeping of the password and in preventing its unauthorised disclosure to third parties without prior written consent from MCS;
  • Safeguard the confidential nature of all Content.

The User warrants that:

  • It will not use or permit or condone the use of the Content or parts thereof for sale, resale, loan, transfer, hire or other form of exploitation for monetary reward; and

Before the User records PID on the MID, the User will:

  • Notify the persons to whom such PID relates that such information is recorded on the MID; and
  • Provide those persons with details of the information entered.

Where the User processes PID which is recorded on the MID, the obligations relating to PID under UK GDPR will at all times be complied with.

All Users are responsible for ensuring the correct use of the MID User account. Any suspected misuse by the User or a non-authorised person (being a person who does not have a MID User account) must be reported immediately by email to MCS email address: mcshelpdesk@mcscertified.com

User accounts may temporarily be suspended until the suspected misuse is investigated.

USER ACCOUNTS MID

Installer MAUs may authorise additional Installers within the certified company.

Further guidance on accessing the MID is available via the MCS Helpdesk.

User account details must not be shared between more than one User. The Installer MAU is responsible for ensuring the integrity and security of the account.

User accounts may be suspended or terminated without prior notice at the discretion of MCS.

MCS may suspend or terminate a User account with immediate effect in the event of a material breach by the User of these Terms and Conditions following instruction by the Certification Body.

MID REGISTRATION

By registering an account, the User confirms that the data entered is complete and accurate.

If the User is an Installer who registers an installation, the User must confirm that the installation is fully compliant with the requirements of the appropriate MCS Standards and that the data entered in the Registration Form is complete and accurate.

If Data is found to be incomplete, inaccurate or non-compliant with the MCS Standards then the registration may be removed from the MID, the User’s MID access may be removed and the non-compliance investigated by the User’s MCS Certification Body

MCS Service Company Ltd will report potentially fraudulent activity to the appropriate authorities.

Users are responsible for keeping their contact details up-to-date on the MID and must have a valid email address registered with MCS at all times. If an email that MCS sends to the User should prove undeliverable, the User’s account may be temporarily suspended until the User contacts the Certification Body with a verifiable email address.

The User’s PID is processed in accordance with the MCS Privacy Policy. The User is asked to read the Privacy Policy.

MCS Service Company Ltd may make changes to or update these Terms and Conditions at any time and will endeavour to give adequate notice of such changes. The User’s continued use of the MID means that the User accepts any new or modified terms.

INSTALLATION CERTIFICATE

The Installation Certificate is a statement by the Installation Company of compliance with the relevant MCS Standards. The User is liable for ensuring all the Data is correct and accurate as of the date of system commissioning and registration on the MID.

Fraudulent use of Content or an Installation Certificate may result in the User’s account being suspended or terminated.

DATA PROTECTION

A MID User is granted specific data access rights for the User account, depending on its type and data usage purposes.

By accepting these Terms and Conditions, the User agrees to be acknowledged as a Joint Data Controller for the processing of Installation Owner PID for the purposes of MID access and usage.

The User commits to comply with all the obligations imposed on a Data Controller under UK GDPR including but not limited to the processing of personal data only for legitimate purposes, to transfer personal data under applicable lawful grounds for specified purposes, not to disclose or allow access to personal data to anyone than permitted recipients, to ensure that permitted recipients are subject to written contractual obligations for confidentiality of personal data and have received appropriate training on their responsibilities, to ensure that appropriate technical and organisational measures are in place for protection of the security (including protection against unauthorised or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorised disclosure of, or access to, personal data), confidentiality and integrity of personal data, and not to transfer any PID obtained from the MID outside the UK or EEA without the explicit consent of MCS and subject to compliance with the safeguards set forth in Articles 26, 45, 46 or 49.

Where installation records are created or updated concerning Installation Owners (householders and commercial entities), you must inform any contacts about any PID (Personal Identifiable Data) that you are entering on the MID and that the management of this PID is through the MCS Service Company Ltd, (the MCS Privacy Policy can be found at www.mcscertified.com)

There may be occasions when MCS needs to share with you, sensitive personal details (known as Special Categories of personal data) concerning certain installation owners, who have health and/or other related issues. MCS will only do this on a case-by-case basis where we have obtained the prior consent from the Data Subject. To share these details MCS will first require you to sign a onetime, MCS Sensitive Information Sharing Agreement. This requires you to keep the information provided secure, as due to the sensitive content it cannot be shared with unconnected parties or entered on the MID.

Pursuant to these Terms and Conditions, the User will promptly provide information about the personal data processing to Installation Owners.

User accounts may be suspended if the User, following a written notice from MCS, within 30 days does not rectify any material breach of UK GDPR or any other Data Protection Legislation.

The User will promptly inform MCS about the receipt of a Data Subject Access Request submitted by an Installation Owner and will provide MCS with reasonable assistance in complying with such request. The User must not disclose or release any PID of an Installation Owner in response to a Data Subject Access Request without first consulting MCS.

The User will assist MCS in responding to any request from a Data Subject and in ensuring compliance with its obligations under UK GDPR and with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.

 The User will notify MCS within 24 hours of becoming aware of any breach of UK GDPR and/or the DPA.

INTELLECTUAL PROPERTY

The User acknowledges and agrees that as between MCS Service Company Ltd and the User, Intellectual Property and other rights subsisting in or used in connection with any Content as a whole and in the components of the MID or Data do not belong to the User and the User shall not acquire any interest in Intellectual Property or any rights in it other than the rights granted to the User in these Terms and Conditions.

Any copying, distribution, storing or transmission of any kind, or any sort of commercial use of the Content is strictly prohibited without the MCS Service Company Ltd’s prior written permission.

The User understands that they may not re-sell nor make available to any third party the whole or any part of the information or services which are provided by the MCS Service Company Ltd to the User, including access to the MID and copies of the Data held in the MID. Any copying of PID without permission will be treated by the MCS Service Company Ltd as a data breach, which could lead to civil and criminal proceedings. The maximum civil penalty is an £18 million fine or 4% of worldwide turnover and for criminal activities eight years in prison.

The User must not remove or obscure the MCS logos, or make any alterations to any documents or printouts provided by the MCS Service Company Ltd or from the MID, such as the MCS Certificates. 

MCS WEBSITE

The MCS website has third party website links which are provided solely for your convenience. If you use these links, you will leave our website. MCS has not reviewed all of these third party websites and does not control and is not responsible for them or their content or availability. MCS does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our website, you do so entirely at your own risk.

LIMITATION OF LIABILITY

Nothing in these Terms and Conditions shall restrict or exclude MCS Service Company Ltd liability for:

  • Death or personal injury resulting from negligence by MCS Service Company Ltd;
  • Fraud committed by MCS Service Company Ltd; or
  • Any liability which may not be lawfully excluded or limited.

Nothing in these Terms and Conditions affects the User’s statutory rights.

MCS Service Company Ltd shall not be liable to the User for consequential, special or indirect losses, or the following losses whether direct or indirect: loss of profits; loss of revenue; economic loss; loss of business or contracts; loss of anticipated savings or goodwill; loss of data; (or any losses arising from a claim by a third party for any of the above losses) whether arising under contract, tort (including without limitation, negligence), or otherwise.

INDEMNITIES

The User agrees to indemnify, defend, and hold harmless MCS Service Company Ltd, its Affiliates, directors, officers, employees, contractors and the Department for Energy Security and Net Zero and its predecessor BEIS from and against any claim, liability, cost, damage or loss MCS may incur (including, without limitation, legal fees) as a result of any non-performance by the MID User of the obligations set out in these Terms and Conditions.

The User agrees to indemnify MCS Service Company Ltd against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of UK GDPR by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.

NATURE OF SERVICES AND INFORMATION PROVIDED

MCS Service Company Ltd may change the specification of the MID from time to time and will endeavour to provide reasonable notice to affected parties.

ENTIRE AGREEMENT

These Terms and Conditions and the content on our MID and Website contain the entire agreement between the User and MCS Service Company Ltd with respect to the subject matter of the Terms and Conditions and shall supersede all other written or oral communications between the User and MCS. The express Terms and Conditions in these Terms and Conditions are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. You hereby confirm that the User has not relied upon any representations, communications or other matters which have not been expressly stated in these Terms and Conditions. Notwithstanding any provision to the contrary, nothing in these Terms and Conditions limits or excludes our liability for fraudulent misrepresentations.

CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision in these Terms and Conditions, these Terms and Conditions are not intending to, and do not, give any person who is not a party to it any right to enforce any of its provisions.

SEVERABILITY, GOVERNING LAW AND JURISDICTION

If any provision in these Terms and Conditions is invalid or unenforceable, the remaining provisions will continue in full force and effect.

These Terms and Conditions shall be governed by, and construed in accordance with, English law and any matter claim or dispute arising out of or in connection with this Agreement whether contractual or non-contractual, shall be governed by and determined in accordance with English law.

The MCS Service Company Ltd and the User irrevocably submit to the exclusive jurisdiction of the English courts in respect of any claim or dispute arising out of or in connection with these Terms and Conditions.