EnerBiz Ltd: Terms and Conditions
In these terms and conditions EnerBiz Ltd, company number 16712101 whose registered office is 128 City Road, London, EC1V 2NX, is referred to as EnerBiz. The customer of EnerBiz is referred to as the Customer.
Definitions
Agreement: the contractual relationship between EnerBiz and the Customer as set out in these terms and conditions and Letter of Authority.
Breach Fee: payment due from the Customer to EnerBiz in the event of a Customer Breach.
Commencement Date: has the meaning given in clause 1.
Commission Payment: the payment EnerBiz is entitled to receive from the Supplier as a result of the Customer entering into the Contract.
Confidential Information: information one party provides to the other in relation to this Agreement.
Customer Breach: any act or omission of the Customer that represents a breach of the terms of this Agreement.
Contract: the contract entered into by you (or by us on your behalf) with the Supplier for the supply of energy and as part of the Services and any extensions to this Agreement.
Customer Obligations: as set out in clause 3.
Data Protection Legislation: all relevant data protection and privacy legislation in force from time to time in England and Wales, including the UK GDPR and the Data Protection Act 2018.
Fees: the payment EnerBiz is entitled to receive from the Customer as a result of the provision of Other Services.
Goods Supplier: supplier of goods relating to Other Services.
Letter of Authority: such letters of authority signed by the Customer from time to time.
Management Fee: such monthly fee as may be agreed between the parties and as confirmed in EnerBiz’s quotation in return for the provision of Services and/or Other Services.
Services: the services that we will provide to you including presenting you with details of a proposed supply contract(s) from one or more Suppliers from our portfolio of suppliers for you to choose to accept and as set out in the Letter(s) of Authority.
Other Services: the services that we will provide to you, besides energy procurement, which include but are not limited to energy reduction and monitoring applications and devices, energy efficiency products and compliance proposals.
Supplier: the supplier you choose to enter into a Contract with.
Working Day: Monday to Friday other than a public holiday in England.
Supply of Services and Other Services
The Customer agrees that the Letter(s) of Authority constitutes a request by the Customer to tender Services in accordance with these conditions. This Agreement shall come into existence (Commencement Date) when the Letter(s) of Authority signed by the Customer is received by EnerBiz. In return for it requesting EnerBiz to provide the Services and/or Other Services, EnerBiz shall do so in accordance with this Agreement. EnerBiz may operate as a sub-broker under Omnium’s licence agreements with suppliers. EnerBiz may also use secure platforms such as Tickd to process and register contracts. EnerBiz is not a price comparison service. Although EnerBiz works with many suppliers of energy and goods, it does not have access to every such supplier. EnerBiz does not guarantee that it will arrange what a third party may claim is the cheapest supply available. EnerBiz will seek the option(s) that in its opinion are best suited to the Customer, with price being one factor among others.
Customer’s Obligations
The Customer agrees to cooperate with EnerBiz in all matters relating to the Services and Other Services, and not in any way hinder, prevent or delay the provision of the Services and Other Services. The Customer agrees to comply at all times with this Agreement and with any terms of the relevant Supplier and/or Goods Supplier. The Customer must provide complete and accurate information, documents, permissions, and consents when requested. The Customer must immediately inform EnerBiz of any changes in circumstances that may affect the Services. The Customer must not at any time enter into any other contract for the supply of energy covering the same premises and period as the Contract arranged through EnerBiz. Domestic Customers are entitled to a statutory 14-day cooling-off period for new contracts.
Customer’s Breach of the Agreement: Suspension and Termination
EnerBiz may terminate or suspend the Agreement with immediate effect if the Customer commits a material breach, fails to pay any sums due, or enters insolvency proceedings. In such cases EnerBiz is relieved of its obligations under the Agreement. In the event of termination, suspension, or any Customer Breach, the Customer will pay EnerBiz a Breach Fee, being the higher of: (i) the Commission Payment EnerBiz would have received; (ii) the Management Fee EnerBiz would have received; or (iii) £750 plus VAT.
Cancellation and Amendments
EnerBiz may withdraw, cancel or amend a quotation prior to acceptance. Customers wishing to amend Services or Other Services must do so in writing. EnerBiz will use reasonable endeavours to accommodate requests. Any additional costs will be invoiced to the Customer.
Change of Tenancy
If a Customer vacates premises before or during the Contract (a Change of Tenancy), EnerBiz must be notified at least fourteen Working Days in advance with evidence of the change. Failure to notify EnerBiz may result in a fee equal to lost Commission Payments, subject to a minimum of £750 per meter.
Commission Payments to EnerBiz
The Commission Payment is included in the unit rate of the Contract. The timing and amount of Commission Payments vary between Suppliers. For larger or bespoke contracts, commission levels may differ but will always be disclosed in writing. If Commission Payments are stopped or withheld, the Customer shall be liable to pay EnerBiz the total lost Commission Payment for the remaining duration of the Contract.
Fees
Fees for Other Services are set out in quotations and are on a time and materials basis. In addition to Fees, EnerBiz may recover reasonable expenses and third-party costs. All Fees are exclusive of VAT.
Payment
Invoices must be paid within 7 days unless otherwise agreed. Time for payment is of the essence. EnerBiz may charge interest at 4% per annum above the Bank of England base rate on overdue sums. All payments must be made in full without deduction, set-off, or counterclaim. Payments must be made in GBP unless otherwise agreed in writing.
Intellectual Property
EnerBiz reserves all copyright and intellectual property rights in any materials supplied in connection with the Services and Other Services.
Limitation of Liability
EnerBiz shall not be liable for delays or failures caused by the Customer. By entering into a Contract, the Customer contracts directly with the Supplier. EnerBiz has no liability arising from the Customer’s obligations under that Contract. EnerBiz does not limit its liability for fraud, dishonesty, or death/personal injury caused by negligence. EnerBiz’s total liability shall not exceed the Commission Payment received and/or the Fees payable under this Agreement. EnerBiz shall not be liable for loss of profits, business, contracts, savings, goodwill, or any indirect or consequential loss.
Data Protection
EnerBiz complies with UK GDPR and the Data Protection Act 2018. ICO Registration ZB990081. Personal data may be shared with Suppliers, Omnium, Tickd, or regulators as required. For data enquiries, contact admin@enerbiz.co.uk.
Confidentiality
Neither party shall disclose any Confidential Information of the other without prior written consent, except as required by law.
Notices
Notices must be in writing and delivered by hand, first-class post, or equivalent service to the registered office or principal place of business. Notices are deemed received on delivery, on the second Working Day after posting, or the tenth Working Day after airmail posting.
Circumstances Beyond Control
Neither party is liable for delay or failure caused by events beyond their reasonable control, including industrial action, civil unrest, fire, flood, terrorism, war, or government action.
Dispute Resolution
Parties will attempt to resolve disputes amicably. If unresolved, disputes may be referred to mediation. If still unresolved, disputes may be referred to litigation in the courts of England and Wales.
General
If any term of this Agreement is held invalid, the remainder shall continue in full force. This Agreement constitutes the entire agreement between the parties. No waiver of rights shall be deemed effective unless in writing. This Agreement does not create any partnership or agency. This Agreement shall be governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts.