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© 2026 Flex Assure Ltd.
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Flex Assure Code of Conduct Version 4 (CC005) for Industrial and Commercial flexibility services providers
Published -- February 2023
Customer Notice: Eligible Customers should refer to Rule 1.3.1 of the Code, the Disclaimer and Terms & Conditions available on the Flex Assure website.
The UK is committed to achieving net-zero by 2050. This requires fundamental changes to the way our energy system works, from the way energy is generated, to the way it is distributed and used. To achieve net-zero, we need to move towards a more responsive, flexible, smart energy system.
While this poses many new challenges, it also presents new opportunities. The rapid development and growth of energy flexibility markets and services in the UK is one example. The need for new sources of flexibility in the energy system presents a wide range of opportunities for energy users of all shapes and sizes to engage with, contribute to and benefit from the transition to a net-zero society. Ofgem defines energy flexibility as:
"modifying generation and/or consumption patterns in reaction to an external signal (such as a change in price) to provide a service within the energy system"
By engaging in flexibility markets, energy users are paid to turn non-essential processes down or off at times of high demand and low generation -- or conversely, to increase electricity use at times of excess generation -- thereby helping the network operator to balance the electricity system. Thus, energy flexibility offers opportunities for businesses to earn revenue and reduce energy bills, while reducing their carbon footprint and helping to reduce the carbon intensity and improve resilience of the wider energy system.
The transition to a net-zero poses new challenges for network operators to balance supply and demand on the electricity networks. Maintaining a careful balance at all times between electricity generation and use is vital for the secure operation of electricity networks, to prevent equipment failures and blackouts.
In the past, fossil fuel generators have provided the bulk of balancing services by switching generation on or off in response to patterns of demand. As the electricity grid decarbonises, with increasing low-carbon generation from variable sources (e.g. wind and solar) grid operators need new sources of flexibility to help maintain that crucial balance.
Energy flexibility will become ever more important for the decarbonisation of heating and transport by helping manage the growth and changing pattern of electricity demand caused by increasing use of heat pumps and the shift to electric vehicles.
The rapid growth and development of flexibility markets demonstrates the ability of flexibility services to deliver benefits both for network operators and for business energy users. As the UK strives to meet the 2050 net-zero goal, the potential of energy flexibility is projected to grow, as is the value of flexibility markets. National Grid ESO forecasts an increasing need for energy flexibility under any future energy scenario, with greater net-zero ambition and action leading to faster and higher increases in levels of flexibility. By 2050, it is estimated that industrial and commercial energy users, alone, could provide 13GW of demand side flexibility, up from around 1 GW in 2020.
Research suggests that energy flexibility could deliver savings of around 8 billion pounds per year up to 2030, rising to over 16 billion pounds per year by 2050.
Companies across the country and across sectors are realising the benefits of participating in and providing energy flexibility, including cost savings, new sources of revenue and improving the sustainability of operations. Supermarkets, industrial manufacturers, universities, commercial and public buildings, and hospitals are just some examples of businesses which are providing energy flexibility.
As energy is not their primary business, commercial and industrial sites that want to take advantage of these opportunities can choose to work with Flexibility Services Providers, who specialise in coordinating, aggregating or optimising sources of flexibility from individual consumers to more effectively deliver services to the grid and generate revenue for their customers. Flexibility Services Providers have technical and policy expertise, which can help sites fully capture the benefits of flexibility, providing a route to market for those businesses that do not have the time and capital to invest into energy specialisation.
As Flexibility Services Providers are largely unlicensed and unregulated, the Flex Assure Code of Conduct and Compliance Scheme has been set up to facilitate trust in the market by setting standards and encouraging best practice.
With many energy users new to energy flexibility, it is important they feel confident about the service they will receive from Flexibility Services Providers. Trust in how Flexibility Services Providers communicate with and deliver solutions to customers is essential.
To achieve this trust, customers need to have a common set of standards by which they can compare Flexibility Services Providers and their proposals. With a growing marketplace and increasing numbers of new entrants, it is equally important that customers can quickly understand which companies meet those standards.
The Flex Assure Code of Conduct (this document) and the Flex Assure Scheme are designed to address this need, by setting out rules by which Scheme Members must agree to abide. The Code of Conduct is an open-source document, available for anyone to use and refer to. This is accompanied by the Flex Assure Scheme, a compliance scheme through which Flexibility Services Providers commit to the standards of the Code of Conduct, and agree to regular monitoring and auditing of their business activities to confirm compliance.
The Code applies to Flexibility Services Providers who contract with commercial, industrial and public-sector energy users. The market for domestic energy flexibility is currently less developed and will likely require different kinds of standards to those set out here for business-to-business activities. Flex Assure and the ADE are monitoring the development of the domestic flexibility market and any potential need for a Code of Conduct to be developed specific to that market.
The Flex Assure Scheme is a voluntary Scheme where participating Flexibility Services Providers (Scheme Members) agree to work with customers in an honest and transparent manner, providing evidence of product benefits and fair contracts.
The Scheme is open to all Eligible Scheme Members (being those businesses set out in 1.1.1(a) to 1.1.1(c)).
Just as important as the commitments set out by the Code are the mechanisms available to the Compliance Panel to assess whether members are complying with the provisions of the Code. It is vital that customers have assurance that a flexibility service provider is meeting the Code standards when they are advertising themselves as a Scheme Member.
The Scheme Administrator is responsible for enforcing the Code of Conduct against Scheme Members in the manner permitted by the Code, the Bye-Laws and the requisite Scheme Membership Agreement. Please refer to section 1.3 titled "Compliance with the Code and Sanctions".
The Code of Conduct covers the behaviour that ought to be ordinarily expected from Scheme Members in business activities, which affect customer service, including:
These Business Activities are dealt with under five main categories in the Code:
In adopting these standards, the Flex Assure Code of Conduct aims to build customer trust in the energy flexibility sector.
A relationship between aggregators and customers must be initiated in an honest and technically proficient manner. Accordingly, sales materials must be accurate, and sales representatives must behave with honesty and integrity.
The Code requires sales staff to be properly trained to communicate technicalities to customers and provide reliable data to back up product claims. Additionally, staff must behave in a manner that does not deceive, pressure, or harass potential customers. To assure that these rules are followed, aggregators must keep up to date records of customer communications.
These minimum requirements help ensure that sales materials and representatives enable customers to make decisions based on accurate information, thereby driving high performance throughout the industry.
Cybercrime is a significant threat to the security of the electricity grid and energy supply. The Code ensures that best practices to protect electronic data and assets are considered as systems are implemented. Similarly, protection of customer data is one of the most important aspects of a business-to-business relationship. Scheme Members must strictly adhere to rules and regulations relevant to the handling and protection of customer data.
Additionally, the Code sets standards to help members prevent electronic invasion or theft of data, as well as procedures to react and strengthen systems in the event of cyber attack. Regular review of the Code of Conduct will ensure that Scheme Members keep up with the rapidly changing needs around cyber security.
Equally important, the Code requires that member installations are built to ensure protection of employees and that liability coverage is provided in the unlikely event of an accident.
The marketing period leading up to final agreement is a critical time for customers to weigh the benefits and value of proposals. Accordingly, the Code places emphasis on the development of proposals that are fair and accurate and do not deceive customers into signing up for services that they do not want or need.
The Code, therefore, requires that all relevant benefits are clearly laid out, any fees are clear and thoroughly explained and the delivery requirements for providing relevant flexibility services are clearly presented to customers.
A customer must be presented with a Contract that clearly states the terms and makes the customer aware of their risks, liabilities, and obligations. This ensures that aggregators and customers enter into agreements that are mutually beneficial.
Finally, Scheme Members will provide customers with continued support after a Contract has been agreed to. By providing standards for members to process, respond to and register complaints, the Code aims to create mechanisms to resolve any disputes between these parties in a timely and attentive manner. Continued adherence to the standards of the Code helps to ensure that it remains a foundational part of members' business operations.
The Code of Conduct was developed through a steering committee made up of Flexibility Services Providers, energy suppliers, and industrial customers and their representatives. Ofgem and BEIS attended these committee meetings as observers. The maintenance and regular review of the Code of Conduct and the Scheme Bye-Laws are overseen by the Flex Assure Oversight Committee, with representation of flexibility services customers, Scheme Members, National Grid, as well as the ADE, DESNZ, and Ofgem as observers.
1.1.1 The aim of the Code is to set, basic, generally acceptable standards in relation to the Business Activities of:
1.1.2 The Code covers Non-Domestic Energy Flexibility Customers only (which shall exclude Micro Business Customers), who are supplied or require to be supplied with electricity at premises other than Domestic Premises.
1.1.3 As the domestic energy flexibility market develops and if a market need is identified, the Code may be reviewed by the Scheme Administrator to establish whether it should be modified to cover the elements of the domestic market and Domestic Customers or align with a separate domestic code of conduct. Where the Scheme Administrator determines that the Code should be so extended, it will publish a notice of such determination on the Scheme Website and, if applicable, a new version of the Code.
1.1.4 The Code is governed by, and should be read in conjunction with, the Bye-Laws which set out the terms and basis of the relationship between the Scheme Administrator, Board, Scheme Committee, Compliance Panel, Appeals Panel, Flex Assure and Scheme Members.
1.1.5 The Rules of the Code apply as basic requirements for the Business Activities of a Scheme Member. If any part of the Code shall become or be declared illegal, invalid, prohibited or unenforceable for any reason whatsoever or is in breach of applicable law or regulation, such part shall be deemed to be deleted and the remainder of the Code shall remain in full force and effect.
1.1.6 Compliance with the Code is a key obligation of each Scheme Member pursuant to its requisite membership agreement between it and the Scheme Company (the "Scheme Membership Agreement") which sets out membership terms of Scheme Members. The Code is the overarching document and in the event of a conflict between it and the Scheme Membership Agreement, the Code shall take precedence.
1.1.7 On joining the Scheme (the date of joining, the "Joining Date"), Scheme Members undertake and agree to abide by:
1.1.8 Flex Assure reserves the right to unilaterally and without any liability whatsoever (to the fullest extent permitted by law) terminate its Scheme Membership Agreement (with immediate effect) with Scheme Members who cannot demonstrate to the reasonable satisfaction of Flex Assure, adherence to the Code, the Bye-Laws and/or their Scheme Membership Agreement.
1.1.9 The Code requires certain standards of conduct (as they apply to the Business Activities) that cover the lifecycle of the relationship between customers and Scheme Members. Neither the Code, Bye-Laws or Scheme Membership Agreement will apply to:
1.1.10 The Code provides for an additional framework for dealings between Energy Flexibility Customers and Scheme Members. The Code does not override the existing provisions of UK and European competition Law. In particular, the provisions relating to unconscionable conduct, misleading or deceptive conduct and misuse of market power continue to apply.
1.1.11 Eligible Scheme Members are those businesses set out in 1.1.1(a) to 1.1.1(c) above, who have a contract with Non-Domestic customer(s) for the provision of energy flexibility services ("Scheme Members").
1.1.12 Scheme Members agree to comply with the requirements of the Code when they join the Scheme and every time they renew their membership.
1.2.1 A reference to writing or written includes letter, email and fax.
1.2.2 Any reference to a definition shall include any reference whether singular or plural.
1.2.3 Guidance (marked G under the requisite Rule directly above it to which that guidance shall relate) in the Code is mainly used to:
1.2.4 Where a Rule requires compliance to a legal or regulatory requirement, the Scheme Member must demonstrate that they have fully adhered to the relevant law or regulation.
1.3.1 Flex Assure is willing to work together with Scheme Members to ensure that they comply with the standards set out in the Code. Flex Assure reserves the right to monitor whether the Code is complied with by Scheme Members using the following methods: (i) Scheme Member self-declaration, (ii) declaration from Non Domestic customers who have a contract entered into after the Joining Date with a Scheme Member for the provision of Energy flexibility services ("Eligible Customer"), and (iii) the right to conduct audits (including onsite audits). Eligible Customers should refer to the Disclaimer and Terms & Conditions available on the Flex Assure website before submitting a declaration form. The Scheme is not an alternative dispute resolution service to, inter alia, settle complaints between Eligible Customers and Scheme Members. Furthermore, neither the Scheme nor its bodies are in a position to give or assist with reconciliation.
1.3.2 Scheme Members must inform (in writing) their customers (which are Eligible Customers) that:
1.3.3 The Compliance Panel may investigate reported alleged breaches of the Code in accordance with it, the Bye-Laws and Scheme Membership Agreement.
1.3.4 Following a hearing of the Compliance Panel, upon the Compliance Panel issuing a determination that considering the evidence put forward a Scheme Member has failed to comply with any part of the Code (a "Non-Compliance Determination") (and, if applicable, an unsuccessful appeal to such Non-Compliance Determination to the Appeals Panel), the Compliance Panel will have the power to impose any (or a combination) of the following sanctions:
A Non-Compliance Determination is binding upon the person or categories of person to whom they are addressed. Details of the levels of violations and accompanying suspension are set out in Schedule 3 and may be varied from time to time along with the Code.
1.3.5 No person (including but not limited to a Scheme Member and/or Eligible Customer) may insist on a specific sanction being imposed by the Compliance Panel. The Compliance Panel has complete (sole) discretion over what sanction it may or may not impose.
1.4.1 Without prejudice to 1.5, where a Scheme Member contracts with a third-party (including but not limited to a sub-contractor) for the provision of energy flexibility services to a customer, the Scheme Member is responsible for ensuring compliance of that third-party with the Code. There is no difference in the standards and requirements applied to contracted third parties and their employees from those applied to a Scheme Member and its employees.
1.5.1 If someone other than the Scheme Member will install or supply other services under the Contract (the "Contractor"), the Scheme Member must provide the customer, in writing, the name of the Contractor and describe what scope of work they will do.
1.5.2 The Scheme Member will inform the customer (in writing) that the Scheme Member is responsible for the activities of Contractors appointed by it, and that the customer should inform the Scheme Member if there are any problems.
Guidance: Scheme Members will be deemed to have complied with Rule 1.5.2, if the Scheme Member follows one of the following procedures:
Procedure 1:
Procedure 2:
Rule 1.5.2 does not apply to contractors appointed by the customer only.
1.6.1 The Code is divided into the five parts, as follows: sales and marketing, technical due diligence and site visits, proposal and pre-contractual information, customer contracts, and complaints.
1.6.2 Schedules 1-3 appended to the Code form part of it and should be read in conjunction.
1.7.1 If a Change in Law occurs, or is shortly to occur, and that Change in Law requires any changes to be made to the Code the Flex Assure Administrator shall:
and the Bye-Laws and Scheme Membership Agreement shall be deemed to be varied to incorporate the updated Code, and the Scheme Member shall unconditionally and fully accept such variations (such acceptance being effective from the date of publication).
1.7.2 Where a change to the Code is required in accordance with 1.7.1, the Flex Assure Administrator must obtain prior written approval from the Scheme Committee and the Board.
1.7.3 Changes to the Code shall not apply retrospectively, unless required to by law.
1.7.4 Any changes to the Code not associated with the conditions described in 1.7.1 above shall be made in accordance with the procedures set out in section 15 (Modification of the Scheme Documentation) of the Scheme Bye-Laws.
1.8.1 Should an Eligible Customer wish to report a breach of the Code by a Scheme Member, it should complete the Eligible Customer Complaint form attached to the Code at Schedule 2, appending any relevant evidence to it which is not subject to a duty of confidentiality, and submit both to Flex Assure via the Scheme Website. Eligible Customers must also ensure that such submission complies with any applicable instructions detailed on the Scheme Website in force at the time.
1.8.2 Eligible Customers reporting a breach of the Code ("Reporting Customer") must not be discriminated against by any Scheme Member. Any investigation of reported Code Violations will be conducted with utmost confidentiality. Details of the information will only be forwarded to the Scheme Member if the Reporting Customer agrees or if, at the sole discretion of Flex Assure, it is deemed necessary to do so to clarify the situation.
Guidance: Scheme Members will be deemed to have complied with Rule 1.8.2, if they:
The Code recognises that Scheme Members may not continuously offer the same contract terms and pricings, therefore, if a Reporting Customer does not receive an offer equally as good as that received by it previously, this will not be considered as unfair discrimination if the Scheme Member can demonstrate to the Compliance Panel that other customers in the same category as the Reporting Customer and who have similar energy flexibility requirements, have been offered terms and pricing not materially divergent than those offered to the Reporting Customer.
1.8.3 Should you have any questions, or wish to bring up any issue relevant to the Code, please contact the Scheme Administrator on email info@flexassure.org or on phone 020 8059 6566.
2.1.1 Scheme Members must ensure that their advertising does not infringe:
Each Scheme Member must, in periodic or risk based Audits, provide details to the Scheme Administrator, on the amount of its violations of this Rule, solely in relation to the Scheme members activities in the United Kingdom, including Northern Ireland, non-domestic energy flexibility services market, which have occurred in the period to which the Audit relates. If within such period, over 4 violations have occurred, the Compliance Panel, as soon as reasonably practicable, must issue a written warning to that Scheme Member and will request the Flex Assure to post such warning on the Scheme Website.
2.1.2 Scheme Members must ensure that any representations (which shall include but are not limited to verbal statements, advertising and sales materials) are accurate, current to the best of their knowledge and do not intentionally deceive customers into making decisions under false pretences.
Guidance -- Do Not:
Guidance -- Do:
2.1.3 Scheme Members must ensure that any use of the Scheme Logo in advertising materials is in good faith. When practical, advertising materials including the Scheme Logo should refer to or include a copy of the Code.
Guidance: Scheme Members must not abuse the Scheme Logo, and should:
2.1.4 All performance claims, testimonials and claims about energy savings, technical performance, financial payback or income from Energy flexibility services in advertisements and sales promotions must:
2.2.1 Scheme Members will be held responsible for all sales-related actions of their employees and of third parties contracted to sell on their behalf.
2.2.2 Scheme Members must deal with customers politely and promptly.
Guidance: No Scheme Member should wilfully or flagrantly disregard customer communications and should respond to these without undue delay. Scheme Members should be aware that when a customer feels strongly enough that his or her customer expectations have not been met, he or she may make a Complaint. Scheme Members must respond to any Energy Flexibility Customer Complaints in as positive a manner as soon as practicable and always aim to find a solution acceptable to both parties. This includes for instance:
2.2.3 Scheme Members whose employees (including but not limited to sales representatives) or any third parties contracted by it make unsolicited contact with customers by telephone must:
2.2.4 All Scheme Members should, by no later than 10 Working Days following receipt of a written demand from Scheme Administrator, produce to the Scheme Administrator, a copy of all (to the extent permissible by law) written communication (including email, letters, contractual information and marketing materials) which shall be kept on file for the minimum period of 2 years, in order to enable Flex Assure to determine compliance with the requirements of Rule 2.2.3. In addition, each Scheme Member must, in periodic or risk-based Audits, provide details to the Scheme Administrator on the amount of its violations of these regulations which have occurred in the period to which the Audit relates. If within such period, over 4 violations have occurred, the Compliance Panel, as soon as reasonably practicable, must issue a written warning to that Scheme Member and will request Flex Assure to post such warning on the Scheme Website.
2.2.5 Scheme Members must ensure that all Energy Flexibility Customer-facing employees, in particular sales representatives acting on their behalf, are given training to ensure that any contact with customers complies with the Code and the law.
Guidance: Scheme Members shall be deemed to have complied with Rule 2.2.4, if they establish and periodically (and not less than every three years from the Scheme Member joining the Scheme) run an internal compliance-training program (which may be delivered through assigned learning) for customer-facing employees (including, but not limited to sales representatives), pursuant to which such employees are educated on laws and the Rules of the Code that apply to their day-to-day job responsibilities. To demonstrate that these employees have a firm understanding of the matters set out in this guidance, such compliance-training program may require the employees to answer multiple choice questions on the program content and achieve an adequately high pass mark (over 90%).
Scheme Members may maintain a record showing:
The Code recognises that Scheme Member employees who are not customer-facing employees may not require training and, as such, no training is expected nor required for this category of employees.
2.2.6 Scheme Members shall ensure that all customer-facing employees (including but not limited to sales representatives) and any third parties contracted by it are subject to the Rules of the Code.
Guidance: Scheme Members may require customer-facing employees and third parties contracted by it to sign an acknowledgement that they:
2.2.7 Scheme Members must keep records (for a minimum of 2 years) of all applicable sales training that individual staff undertake and be able to supply all records of training to the Scheme Administrator, as and when requested (and no later than 10 Working Days from written request). All sales training materials must adhere to the Code.
2.2.8 A copy of the Code (including any updated versions), must be provided or made available to employees and sales representatives acting on behalf of the Scheme Member.
2.2.9 Scheme Members are responsible for the behaviour of anyone visiting a customer's site on their behalf.
2.3.1 Scheme Members must comply with current Competition and Markets Authority regulations and not engage in any form of communication or establish an implicit or explicit agreement with a competitor (which may or may not be another Scheme Member) which has the effect or attempts to:
Each Scheme Member must, in periodic or risk based Audits, provide details to the Scheme Administrator, on the amount of its violations of this Rule. If within such period, over 4 violations have occurred, the Compliance Panel, as soon as reasonably practicable, must issue a written warning to that Scheme Member and will request Flex Assure to post such warning on the Scheme Website.
Guidance -- Do Not work with a competitor to:
Guidance -- Do:
2.4.1 Scheme Members must keep a record, for a minimum of 2 years from any sales activity, or (where a Contract has been entered into) 1 year after the end of the term of the Contract howsoever arising, of the written information provided to a customer during a sales visit including but not limited to printed or electronic sales communication with customers that they or their representatives make. This record may be kept in printed form, digitally or in any other format and must include all site-specific performance calculations on which they have based predictions of savings or periods of recovery.
2.4.2 Scheme Members must supply all relevant records to the Scheme Administrator as and when requested, and in any event, no later than 10 Working Days from written request.
3.1.1 Scheme Members must comply with their obligations under the Data Protection Laws in the collection and processing of the data of customers. Each Scheme Member must, in a periodic Audit, provide details to the Scheme Administrator, on the amount of its judicially determined violations of the laws and regulations referred to in this Rule. If within such period, over 4 violations have occurred, the Compliance Panel, as soon as reasonably practicable, must issue a written warning to that Scheme Member and will request Flex Assure to post such warning on the Scheme Website.
3.1.2 Each Scheme Member shall inform each Energy Flexibility Customer within each Contract that information concerning that Energy Flexibility Customer may be disclosed to the Scheme Administrator for the purpose of determining that Scheme Member's compliance with the Code, Contracts and requisite Scheme Membership Agreement.
3.1.3 Notwithstanding paragraph 3.1.2 above, any information concerning an Energy Flexibility Customer disclosed by the Scheme Member to the Scheme Administrator may be disclosed on a redacted basis where:
3.1.4 Each Scheme Member will not prohibit or otherwise impede the Scheme Administrator from contacting its customers for the purpose of ascertaining that Scheme Member's compliance with the Code.
3.2.1 Scheme Members must take appropriate and proportionate technical and organisational measures to manage cyber risks to their systems to ensure security of their cyber systems and provide proper response in the event of a system failure.
Guidance -- In relation to security of the cyber system: Scheme Members will be deemed to have complied with Rule 3.2.1, if they:
In relation to security of the electricity network:
In relation to proper response in the event of a system failure:
3.2.2 Scheme Members must provide their cybersecurity measures and the steps they take to ensure that data is secure on their website, making it accessible for new and existing customers, with an overview (in writing) of the precautions referred to in Rule 3.2.1.
3.2.3 Scheme Members should apply best practices to protect customer information.
Guidance: Scheme Members must take consideration of best practices to protect information and are encouraged to use hardware that:
Scheme Members must also consider and ensure the hardware used is adequate to meet the objectives referred to in Rule 3.2.4.
3.2.4 In order to prevent future cyber-attacks, Scheme Members must apply best practices following a cyber-security event.
Guidance: Scheme Members will be deemed to have complied with Rule 3.2.4, if they:
3.3.1 Scheme Members must comply with relevant laws and regulations governing health and safety at work. Each Scheme Member must, in periodic or risk based Audits, provide details to the Scheme Administrator, on the amount of its judicially determined violations. If within such Audit period, over 4 violations have occurred, the Compliance Panel, as soon as reasonably practicable, must issue a written warning to that Scheme Member and will request Flex Assure to post such warning on the Scheme Website.
Guidance: Scheme Members must be committed to creating an environment which is safe, healthy and secure for its employees, customers and third parties and should identify any dangers and remove or eliminate them. If a Scheme Member cannot remove or eliminate something dangerous, it should put suitable controls in place. Scheme Members must give its employees suitable equipment and protective clothing free of charge (if appropriate) and have safety procedures in place to protect them.
Scheme Members are encouraged to use internationally recognised safety-management systems and safe work systems. Scheme Members must not take disciplinary action against its employees for informing about any safety concerns they have. Scheme Member employees have the right to refuse to work in any unsafe conditions until the Scheme Member has dealt with their concerns.
3.3.2 Scheme Members must also comply with laws and regulations governing the carriage, storage and disposal of waste. Each Scheme Member must provide details in periodic or risk based Audits of its judicially determined violations. If within such period, over 4 violations have occurred, the Compliance Panel must issue a written warning.
3.4.1 Scheme Members must ensure that insurance is in place to cover liabilities to customers which may arise under that customer's Contract, to a minimum of the value of that Contract or as required by law.
3.4.2 A Scheme Member's insurance provider must be FCA regulated.
3.4.3 When requested by customers, Scheme Members must provide customers (in writing) with clear and accurate information about the insurance coverage they have in place including the extent of the coverage, the contact details of the provider and any relevant limits to its territorial coverage.
3.5.1 When visiting customer sites, Scheme Members must:
3.6.1 Scheme Members must:
4.1.1 Scheme Members must provide the customer with a thorough written proposal before the arrangement is agreed to and the Contract signed that includes, at a minimum:
4.1.2 Scheme Members will provide the customer with a written estimate that is based on the information the customer has given them and make clear whether the numbers used in the estimate are definite figures or assumptions.
4.1.3 Scheme Members must follow a transparent and understandable quotation process, which, at a minimum, should:
4.1.4 The quotation referred to in Rule 4.1.3 must also contain the following:
4.2.1 For a minimum of 2 years from date of submission or (where a Contract has been entered into) one year after the end of the term of the Contract howsoever arising, Scheme Members must keep a secure record of the proposal and quotation provided to a customer, including all site-specific performance calculations on which they have based predictions of savings or periods of recovery. This record could be kept in printed form, digitally or in any other format.
4.2.2 Following receipt of a written request, Scheme Members must supply all records it is required to keep under the Code to the Scheme Administrator (and no later than 10 Working Days from such written request).
5.1.1 Before the customer enters into the Contract, the Scheme Member must, in writing:
5.2.1 All terms of the Contract must be communicated in writing to the customer in a clear and concise manner and use industry recognised terms.
5.2.2 The Contract must state:
5.2.3 The terms of Contract must include:
5.3.1 For a minimum of 2 years from the date that a copy of the draft Contract was sent to the customer or (where a Contract has been entered into) 1 year after the end of the term of the Contract howsoever arising, Scheme Members must keep a record of the Contract, including:
5.3.2 Scheme Members must supply all relevant records to the Scheme Administrator, as and when requested (and no later than 10 Working Days from such written request), subject to prior customer consent for such disclosure being in place.
6.1.1 Scheme Members must inform customers in writing about their Complaints procedure and either:
6.1.2 Scheme Members shall ensure that as a minimum, the following information is available in the Scheme Member's Complaints procedure:
6.2.1 Scheme Members must co-operate fully with the customer throughout the Complaints procedure.
6.2.2 Scheme Members must, within 40 Working Days after the Complaint has been raised, take all reasonable steps to:
6.2.3 If the customer does not agree with the action taken under 6.2.2 by the Scheme Member to resolve the Complaint, the Scheme Member must provide details, in writing, of the next steps to resolve the Complaint by reference to the provisions set out in the Contract to the extent that those provisions apply to such Complaint.
6.2.4 A customer is not required to participate in independent mediation or arbitration unless mutually agreed and may choose to deal with the matter in other ways, including by taking legal action.
6.2.5 If the customer and Scheme Member agree to refer the dispute through independent mediation or arbitration, the Scheme Member must co-operate fully with the process by reference to the rules and/or agreement governing it.
6.3.1 A customer may nominate a representative to deal with their Complaint by notifying the Scheme Member (in writing) of the nominee's name and contact details.
6.3.2 Scheme Members shall deal with the representative as if they are the customer. All communications usually addressed to the customer relating to the Complaint will be addressed to the representative directly using the contact details they provide and copied to the customer.
6.4.1 For a minimum of 2 years after the Complaint was raised or (where a Contract has been entered into) 1 year after the end of the term of the Contract howsoever arising, Scheme Members must keep a record with the following information:
6.4.2 Scheme Members shall supply all records of complaints to the Scheme Administrator as and when requested (and no later than 10 Working Days following receipt of a written request from the Scheme Administrator to do so).
Any Audit evidence required to be provided to the Scheme Administrator pursuant to this Code must be true and accurate in all respects and not materially misleading at the date of its submission.
"Aggregator" means a company that contracts with individual demand sites to provide a single Energy flexibility service. Within the scope of the Code this includes a third-party company assisting a single demand site to provide Energy flexibility services as well as companies contracting with multiple demand sites.
"Appeals Panel" means a panel set up by the Scheme to evaluate appeals undertaken by Scheme Members against penalties and sanctions imposed upon them by the Compliance Panel, as defined in the Bye-Laws.
"Audit" means the assessment by an auditor of Scheme Members energy flexibility activities (as may be required by the Scheme Administrator under the Scheme Bye-Laws) against the criteria laid down in the Scheme to check whether a Scheme Member is acting in accordance with the Scheme's requirements.
"Board" means the board of directors of the Scheme Company as appointed from time to time in accordance with the Articles of Association.
"Bye-Laws" shall mean the latest version of the Flex Assure Code of Conduct Bye-Laws available on the Scheme Website. The Bye-Laws comprise Scheme Bye-Laws and Company Bye-Laws.
"Business Activities" shall have the meaning given to it in Part 1.
"Change in Law" means the coming into effect of a new law or a change in law or a fundamental change in the judicial interpretation of law after the date of publication of the version of this Code.
"Code" or "Flex Assure Code of Conduct" means this code or a later version of it as shall be published on the Scheme Website.
"Code Violation" means the infringement of the requirements of this Code or any later version of the Code that is published on the Scheme website by a Scheme Member.
"Complaint" means any formal complaint submitted by an Eligible Customer to the Scheme Administrator against a Scheme Member, where such expression of dissatisfaction is related a breach of the Code in any one or more of the Scheme Member's flexibility service products or the manner in which it has dealt with the Customer in its provision or proposed provision of energy flexibility services.
"Compliance Panel" means a panel set up by the Scheme Administrator from time to time for the purpose of evaluating Eligible Customer Complaints against Scheme Members and Audits of Scheme Members' energy flexibility related activities, as defined in the Bye-Laws.
"Contract" means the contract for the provision of Energy flexibility services entered into between an Eligible Customer and a Scheme Member.
"Contractor" shall have the meaning given to in Rule 1.5.1.
"Corporate Telephone Preference Service" means a free service operated by the Direct Marketing Association on behalf of the Information Commissioner's Office enabling businesses to register their wish not to receive unsolicited sales and marketing telephone calls.
"Data Protection Laws" means the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 1998, The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
"Disclaimer" means a notice on the Scheme Website limiting liability for any outcomes from the use of the Website and the Scheme materials.
"Domestic Customers" shall have the meaning given to it in Condition 1 of the Standard Conditions of Electricity Supply Licence.
"Domestic Premises" shall have the meaning given to it in Condition 6 of the Standard Conditions of Electricity Supply Licence.
"Eligible Customer" means an Energy Flexibility Customer or potential Energy Flexibility Customer of a Scheme Member with whom sales or marketing activities have taken place since the Scheme Members Joining Date into membership of the Scheme.
"Energy Flexibility Customer" means a customer of a Flexibility Services Provider to whom that Flexibility Services Provider provides, or is to provide, Energy Flexibility Services.
"Energy Flexibility Services" means the coordination, aggregation or optimisation of Flexible Energy Assets.
"FCA" means the Financial Conduct Authority.
"Flexibility Services Provider" means any actor providing Energy Flexibility Services to one or more Energy Flexibility Customer(s).
"Flexible Energy Assets" means assets capable of modifying energy generation and/or consumption in response to an external request, signal or price.
"Joining Date" means the date on which the Scheme accepts an application to join the Scheme from an Energy flexibility service provider and the Flexibility Provider signs the Membership Agreement and is listed on the Scheme Website as a Scheme Member.
"Law" means any applicable statute or proclamation or any delegated or subordinate legislation; any applicable guidance, direction or determination with which the Scheme, Scheme Member and/or the Eligible Customer is bound to comply to the extent that the same are published and publicly available or the existence or contents of them have been notified to them; and any applicable judgement of a relevant court of law which is binding in England, Wales, Scotland or Northern Ireland.
"Micro Business Customer" shall have the meaning given to it in standard condition 7A of the Standard Conditions of Electricity Supply Licence.
"Non-Compliance Determination" shall have the meaning given to it in Rule 1.3.4 and means a determination by the Compliance Panel that considering the evidence put forward, on a balance of probabilities, a Scheme Member has failed to comply with any part of the Code.
"Non-Domestic" shall have the meaning given in and is to be interpreted in accordance with standard condition 6 (Classification of premises) of the Standard Conditions of Electricity Supply Licence.
"Ofcom's Persistent Misuse Policy" means Ofcom's policy towards silent and abandoned calls.
"Reporting Customer" shall have the meaning given to it in Rule 1.8.2 and means Eligible Customers reporting a breach of the Code to the Scheme Administrator.
"Scheme" means the scheme operated and administered by Flex Assure Limited to which the Code and the Bye-Laws apply.
"Scheme Administrator" means the administrator assigned by the Board to administer the Scheme.
"Scheme Committee" means a committee established by the Scheme as defined in the Bye-Laws and is to provide independent oversight of the operation of the Scheme.
"Scheme Company" means Flex Assure Limited which is an independent company sponsored by the Association for Decentralised Energy, established to operate the Scheme.
"Scheme Logo" means a branded logo owned by the Scheme which is provided to Scheme members to indicate active membership of the Scheme, subject to the Bye-Laws and Scheme Membership Agreement.
"Scheme Member" shall have the meaning given to it in Rule 1.1.1 and means businesses active in the energy flexibility sector who have agreed to comply with the Code as a member of the Scheme.
"Scheme Membership Agreement" shall have the meaning given to it in Rule 1.1.4 and means an agreement which sets out membership terms of Scheme Members.
"Scheme Website" shall mean the website of the Scheme at www.flexassure.org.
"Standard Conditions of Electricity Supply Licence" means the Electricity Supply Licences which set out the conditions that all electricity suppliers must adhere to in order to supply energy to domestic and non-domestic consumers.
"Suspension Period" shall have the meaning given to it in Rule 1.3.4 and means a period of time, as it deems fit, that the Compliance Panel suspends the Scheme Member from the Scheme for breaching the Code.
"Terms and Conditions" means the standard provisions for use of the Scheme complaints mechanism as listed on the Scheme Website.
"Working Day" means a day (other than a Saturday or Sunday) on which banks are open for general business in London.
Eligible Customers are reminded to refer to the guidance for submitting this form as available on the Scheme Website.
Please attach any relevant documents, which are not subject to any confidentiality undertaking and which may be shared with us by law.
Submitted by email to Flex Assure (info@flexassure.org).
Please note, the suspension periods set out below are without prejudice to any other sanctions which the Compliance Panel may impose under the Code, Scheme Bye-Laws or Scheme Membership Agreement.
Description: First confirmed violation.
Minimum penalty: Written warning to Scheme Member from the Scheme Administrator (recorded) and demand for corrective action plan.
Description: Second confirmed violation or first flagrant violation.
Minimum penalty:
Description: Three confirmed open violations or flagrant violation.
Minimum penalty: Twelve months minimum expulsion from the Scheme. "Member Expelled" posted on Scheme website. Site audit to be carried out at Scheme Members expense to confirm compliance prior to re-instalment, as defined in the Scheme Bye-Laws.