Energy 4 Businesses Terms and Conditions

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1. ​Introduction
    

Welcome to Energy 4 Businesses ("Energy 4 Businesses," "we," "us," or "our"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Energy 4 Businesses regarding your use of our services. By accessing or using our services through our website, call center, email, or other means, you agree to comply with and be bound by these Terms.

If you do not agree with any part of these Terms & Conditions, please do not use our services.

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   2. Definitions

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For the purposes of these Terms:
 

"Services" refers to the price comparison, switching, facilitation, and renewal services for energy (gas and electricity) and water supply contracts provided by Energy 4 Businesses, including presenting you with details of a proposed supply contract from one (or more) of Suppliers from our portfolio of suppliers.
 

"Supplier" refers to any energy or water supplier that partners with Energy 4 Businesses within our portfolio of suppliers that you choose to enter into a Contract with.
 

"Contract" refers to the legally binding agreement entered into between you, the Customer, and the Supplier for the supply of energy or water as part of the Services.
 

"Commission" refers to the payments received by Energy 4 Businesses from Suppliers for introducing Customers to their services as a result of the Customer entering into the Contract.
 

"Customer Data" refers to any information provided by the Customer to Energy 4 Businesses, including but not limited to business details, charity details, Meter Details, MPAN, MPRN, director details, direct debit details, address details, energy usage, contract end dates, and contact information, etc.

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  3. Eligibility Criteria

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To utilize our Services, Customers must meet the following criteria:

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1. Business Status: Must be a business operating within the United Kingdom.

2. Charity Status: Must be a registered charity operating within the United Kingdom.

3. Age Requirement: Sole traders must be at least 18 years old.

4. Credit Requirements: Must satisfy any credit scoring requirements by potential Suppliers.

5. Operational Location: Businesses and Charities must operate within the geographic boundaries of the United Kingdom.
   
   4. Scope of Services
    

Energy 4 Businesses provides price comparison, switching, renewal, and contract facilitation services for gas, electricity, and water supplies to UK-based businesses and registered charities.

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Our Services include, but are not limited to:

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• Price Comparison: Analyzing and comparing offers from our panel of energy and water Suppliers to present options to Customers.
   

• Switching Facilitation: Assisting Customers in transitioning from their current Supplier to a new one, or agreeing to a new contract with their existing Supplier, including handling necessary paperwork.
   

• Contract Renewals: Managing the renewal process of existing Customers to ensure continuity and competitive rates.
   

Supplier Panel Limitation: While Energy 4 Businesses works with many energy suppliers, it does not have access to every supplier in the market. As we get paid by suppliers , we only present prices from those Suppliers on our panel, which may change periodically. We do not guarantee securing what a third party might claim as the cheapest supply available. We evaluate various factors when determining which energy Suppliers and Contracts are most suitable for the customer, with supply price being just one of the considerations.

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Service Declination: We reserve the right to decline service to any Customer at our sole discretion without providing a reason.

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    5. Commission and Fees

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Energy 4 Businesses is compensated by all the business energy Suppliers on our panel for introducing our Customers to their gas and/or electricity and associated services.

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• Commission: We receive our Commission from the Supplier; you as the Customer will never be asked to pay this to us directly.
   

• Service Coverage: The Commission we receive pays for our Services, including securing competitive tariffs, price comparison, sales support, switch management, processing, customer service, and account management. The Commission earned by Energy 4 Businesses balances the cost to provide these Services, in line with providing good Customer outcomes and retaining our standing within the market in order to continue to provide Customers with competitive deals for their Business or Charity.
   

• Commission Structure: By agreeing to use our Service, you are agreeing for Energy 4 Businesses to receive Commission from Suppliers for this Service as follows:
   

  • Inclusion in Unit Cost: The Commission is included within your unit cost of energy usage by way of an uplift (i.e., within the cost of the energy Contract you agree with your chosen Supplier).

  • Variable Uplift: This uplift can differ across Contracts and is determined by Energy 4 Businesses.

  • Forecast-Based Calculation: Because our Commissions are based on estimated future usage, they are forecast amounts.

  • Example: We may secure an electricity unit rate of 20 pence per kWh (kilowatt hour) from a Supplier, to which we may apply an uplift of 0.8 pence per kWh so the price presented and contracted would be 20.8 pence per kWh. The calculation for our Commission is therefore our uplift multiplied by your total energy consumption (in kWh) over the Contract term.

  • Payment Terms: The payment terms and period over which the Commission is actually paid vary by Supplier; therefore, these Commissions may also be subject to amendments over time by Suppliers.
    
    6. Role of Energy 4 Businesses
     

Supplier Panel: Upon agreeing to use our Services, Energy 4 Businesses will make reasonable efforts to identify, negotiate, and secure competitive energy rates. These rates are sourced from a panel of energy Suppliers that we work with using their provided price books.

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Contract Facilitation: If both the Customer and Supplier agree to enter into a Contract, Energy 4 Businesses will facilitate the switching or renewal process, including organizing the Contract for the purchase and supply of energy services.

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Supplier Information: The accuracy and reliability of Suppliers’ information, goods, or Services are the sole responsibility of the respective Suppliers and the Customer.

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No Ongoing Liability: Energy 4 Businesses is not liable for any delays or failures caused by the Customer, Energy 4 Businesses, the proposed Supplier, any existing Supplier, or any third party service providers we use in relation to the transfer or renewal of supply. We do not guarantee the quality of service provided by Suppliers or the prices quoted.

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Brokerage Role: Energy 4 Businesses acts solely as an independent broker. We facilitate the Contract between you and the Supplier but are not involved in the ongoing management of the Contract once your supply / contract is Live with the supplier. Consequently, we cannot assist with billing issues, customer service inquiries, payment queries, direct debit issues, meter readings, or any other supply-related concerns.

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For any such issues, you will need to contact the supplier directly. It is essential to address any matters with the supplier directly if required, to ensure they are resolved promptly and effectively.

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    7. Customer Obligations

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As a Customer of Energy 4 Businesses, you agree to:

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1. Provide Accurate Information: Ensure that all data provided is truthful, accurate, and complete.

2. Timely Updates: Inform Energy 4 Businesses promptly of any changes that may affect quotations or Contracts.

3. Choose Suppliers Wisely: Make informed decisions regarding Suppliers and Contract terms based on the provided quotations and your business needs. It is the Customer’s responsibility to decide on the Supplier, Contract length, and product type.

4. Honor Contracts: Once a Contract is signed with a Supplier, adhere to its terms and conditions without attempting to revoke or duplicate Contracts with other Suppliers.

5. Validate Quotations: It is the Customer’s responsibility to validate the accuracy of any quotations and ensure that Contracts are submitted and will go live, typically confirmed by communication from the new / old or existing Supplier.

6. Maintain Communication: Respond promptly to any requests for additional information or clarification from Energy 4 Businesses to facilitate the provision of Services.
   
   8. Provision of Accurate Information
    

To ensure the provision of accurate and competitive quotations, Customers agree to:
 

1. Provide Complete and Accurate Information: Supply accurate business details, including Meter details, MPAN, MPRN, estimated or actual energy usage, current Contract end dates, and any other relevant information that may affect pricing and quotations.

2. Update Information Promptly: Inform Energy 4 Businesses of any changes in business operations, energy consumption, or contact details that may affect quotations or Contracts.

3. Verify Data Accuracy: Ensure that all information provided is truthful and precise to avoid discrepancies in quotations or Contracts.

4. Authority Confirmation: You hereby confirm that all information provided by you will be accurate, complete, and up-to-date. Furthermore, you represent and warrant that you possess the necessary authority and legal capacity to enter into the Supplier Contract of your choice on behalf of the business or charity.
    

Consequences of Inaccurate Information:
 

Incorrect or incomplete information may result in inaccurate quotations, failed Contract executions, additional charges from the supplier, or suboptimal service offerings. Energy 4 Businesses reserves the right to withdraw services if provided information is found to be misleading or false.
 

   9. Nature of Relationship
 

• Independent Broker Status:

  • We are not agents, representatives, or employees of any Supplier or Customer

  • We do not have the authority to bind Customers or Suppliers to any agreements.

• No Agency Relationship:

  • Energy 4 Businesses does not act on behalf of Customers in negotiations with Suppliers.

  • All contractual obligations are directly between the Customer and the Supplier.

• Supplier Autonomy:

  • Suppliers retain full control over their service offerings, pricing, and Contract terms.

  • Energy 4 Businesses is not responsible for the provision of any Supplier services.

  • Suppliers may accept or reject any Contract or an offer of acceptance at their discretion.
    
    10. Quotations
     

• Indicative Quotes: Any quotations provided by Energy 4 Businesses are indicative and based on the information provided by the Customer.
   

• Energy Price Fluctuations: Energy prices fluctuate daily. While we strive to secure competitive rates for switching or renewal, we cannot guarantee that any quote will be the cheapest due to market volatility.
   

• Advice Basis: Our advice on prices, Suppliers, and Contract lengths is based on our market analysis and third-party data. The Customer agrees not to hold Energy 4 Businesses liable for any market changes or the accuracy of our advice. The Customer acknowledges that energy prices can rise and fall.
   

•  A quotation from a supplier via Energy 4 Businesses is not an official offer. Each offer will have its own specific terms and conditions as defined by the supplier.
   

• Please note that quoted prices are valid at the time of issuance but are subject to change without prior notice. All pricing is contingent upon availability, and suppliers reserve the right to adjust or withdraw prices at any time without notice.
   

• In the event you choose to proceed with a contract after prices have changed, we will provide you with an updated quote based on the current available rates, which may vary from the original quote. Price adjustments are influenced by market conditions and set by the supplier, over which we have no control.

 

    11. Acceptance of Quotes:
 

Binding Agreement: Once a Customer accepts a quote and signs a Contract with a Supplier, the agreement becomes legally binding. There is no cooling-off period for energy or water Contracts.
 

Supplier's Right: The Supplier shall be entitled at any time to refuse to accept an offer of acceptance at their discretion.
 

Direct Contracting: The customer acknowledges that they are entering into a contract directly with the energy supplier, not with Energy 4 Businesses. Energy 4 Businesses is not liable for any transactions, dealings, or arrangements between the customer and the supplier. Any obligations arising from such transactions (including, without limitation, any payment obligations of the Customer thereunder) are the sole responsibility and risk of the customer.

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    12. Supplier Validation:
 

Signed Contracts are subject to validation and approval by the Supplier.
 

12.1. Supplier Actions:
 

No Control Over Suppliers: We do not control the actions or omissions of Suppliers and are not liable for any failures or delays caused by them.
 

12.2 Supplier Rejections: Suppliers retain the right to refuse any Customer acceptance of a quote and Contract, and we are not liable for any such rejections or for Contracts that do not become active.
 

12.3. Supplier Contracts: By entering into a Contract with a Supplier, the Customer agrees that any obligations or liabilities arising from that Contract are solely between the Customer and the Supplier. Energy 4 Businesses bears no responsibility for fulfilling these obligations.
 

    13. Review of Supplier Contracts
 

Before entering into any Contract with a Supplier, it is imperative that you thoroughly review all the Supplier’s Terms and Conditions. The Contract facilitated by us is strictly between you and the Supplier. We strongly recommend that you read through the entire Contract meticulously. This diligence is crucial to avoid any potential financial or contractual complications.
 

    14. Important Clauses in Supply Contracts
 

When entering into a supply Contract, it is crucial to be aware of several key clauses that are increasingly being enforced by many Suppliers. These provisions can significantly impact your experience and financial obligations. Please review them carefully:
 

1. Volume Tolerance: Some Suppliers strictly enforce volume tolerance clauses, which specify the allowable range of volume deviation from the contracted amount. Exceeding or falling short of these limits may result in penalties or price adjustments.
    

2. Charge for Meter Not Going Live with a New Supplier: Be aware that Suppliers impose charges if a meter does not go live at all or within the agreed-upon time frame when switching to a new Supplier. Failing to consider this could lead to unexpected expenses.
    

3. Termination Fees for Change of Tenancies: Suppliers are imposing termination fees in cases of tenancy changes. If you switch Suppliers or terminate Contracts prematurely due to occupancy changes, fees may apply.
    

4. Important Note: There is no cooling-off period for energy or water Contracts. Therefore, please proceed with signing only if you are fully satisfied and ready to commit.
   
   15. Our Recommendation
    

Before signing any Contract, thoroughly review ALL the Supplier Terms and Conditions. Pay close attention to the clauses mentioned above, among others. This diligence will help you avoid potential financial or contractual complications.
 

15.1. Reasonable Skill and Care:
 

Energy 4 Businesses will exercise reasonable skill and care in providing the Services. However, our performance may depend on third parties (including, but not limited to, Suppliers and existing Suppliers and third party service providers we use), and we cannot guarantee or accept responsibility for any failure or delay caused by such third parties or suppliers or for any inaccurate, incomplete, or unreliable information provided by them to the Customer or us.
 

15.2. Duplicate Contracts:
 

Prohibition: Once a Contract is entered into with a Supplier through Energy 4 Businesses, Customers must refrain from entering into duplicate Contracts with multiple Suppliers for the same supply period.
 

Administrative Fee: If a Customer enters into another Contract after accepting a Contract facilitated by Energy 4 Businesses, and the Contract facilitated by Energy 4 Businesses does not become active, we reserve the right to charge a one-time administrative fee of £400 per meter, or the total Commission that would have been earned from the initial Contract per meter, whichever is higher. This fee is in addition to any charges the Supplier may impose for the failed Contract.
 

      16. Exclusions to Liability:
 

• The Customer acknowledges that Energy 4 Businesses shall not be held liable for any delays or failures in the performance of its obligations under this Agreement when such delays or failures are caused by events, circumstances, or factors beyond its reasonable control.
   

• The Customer agrees that Energy 4 Businesses' representatives, agents, and employees shall not bear any liability to the Customer under this Agreement, except where such liability cannot be excluded by law.
  
  17. Business Water Services - Commission Structure:
   

Business Water: Energy 4 Businesses receives a Commission from our water partners for the introduction of Customers to their Service. This is included within the cost of your water retail Service fee by way of a small uplift applied to usage over the life of the Contract, which therefore would be included within the cost of the water Contract you agree via Energy 4 Businesses. You are not required to make any direct payment to Energy 4 Businesses. This Commission balances the cost of Service, including quoting, sales support, and switch management with providing good Customer outcomes and retaining our standing within the market, in order to continue to provide Customers with competitive deals for their business or charity. By agreeing to use our Service, you are agreeing for Energy 4 Businesses to receive this remuneration for our Service.
 

     18. Complaints Procedure
 

18.1. Internal Complaints:
 

If you have any complaints regarding our Services, please follow our internal Complaints Procedure by visiting the following page on our website: https://www.energy4businesses.co.uk/complaints.
 

18.2. Complaints to the Ombudsman:

Ombudsman Outcome: Should the Customer choose to escalate a complaint to the Ombudsman, and the Ombudsman subsequently rules in favor of Energy 4 Businesses based on the same reasons we provided, we reserve the right to seek reimbursement for all associated fees and costs. This includes Ombudsman fees as well as any internal or external expenses incurred.
 

      19. Disclaimer
 

19.1. "As Is" Basis:
 

Service Provision: Our website and our Services are provided "as is" without any guarantees, conditions, or warranties regarding their accuracy, completeness, fitness for purpose, or legality.
 

Supplier Responsibility: The accuracy and reliability of Suppliers’ information, goods, or Services are the sole responsibility of the respective Suppliers and the Customer.
 

19.2. Exclusion of Liability:
 

Extent Permitted by Law: To the fullest extent permitted by applicable law, Energy 4 Businesses, its affiliates, and any connected third parties expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or equity whether express or implied (whether by common law, custom, statute, or otherwise).
 

No Liability for Losses: We disclaim any liability for any direct, indirect, incidental, or consequential loss, or punitive damages, or damage incurred by any User in connection with our website or services we offer, including but not limited to:
 

• Loss of income or revenue

• Loss of business or profits

• Loss of data or information

• Loss of anticipated savings

• Loss of Contracts

• Loss of goodwill or reputation

• Wasted management or office time

• Any other loss or damage of any kind, including negligence, breach of Contract, or otherwise, even if foreseeable, however arising.
  
  20. Limitation of Liability
   

20.1. Total Liability:
 

Cap on Liability: To the extent permitted by law, our total liability to the Customer (including any principal, interest, costs, and charges), whether in contract, tort (including negligence), or otherwise, shall not exceed the amount of Commission payment received for the relevant Contract to Energy 4 Businesses.
 

20.2. Force Majeure:
 

Exemption from Liability: Energy 4 Businesses is not liable for any delays or failures in performing its obligations under these Terms if such delays or failures result from events beyond our control, including but not limited to:
 

• Regulatory changes or government actions

• Failures of Energy Suppliers

• Failures of third-party service providers we use

• Incorrect information provided by Customers or Suppliers or third-party service providers

• Delay in transfer or Contract start date

• Contracts that do not go Live

• Loss or corruption of data or information

• Any loss of profit, loss of business, interruption to business, or loss of business opportunity.
  
  21. Privacy Policy
   

21.1. Data Collection and Use:
 

Purpose of Data Collection: We collect and process Customer Data to provide and improve our Services, including facilitating Contracts with Suppliers and conducting price comparisons.
 

Lawful Basis for Processing: Data is processed based on the Customer’s consent and the necessity to fulfill contractual obligations.
 

21.2. Data Sharing:
 

With Suppliers: We may share Customer Data with Suppliers and their agents to facilitate the provision of Services in relation to a potential Contract.
 

Third-Party Providers: Data may be shared with third-party service providers for operational purposes in relation to a potential Contract.
 

21.3. Credit Reference and Supply Details Access:
 

Credit Reference: The Customer acknowledges and consents to Energy 4 Businesses submitting all details, including but not limited to, their name, date of birth, contact, address and payment details to a credit reference agency. A credit check may be carried out against the business or charity (and/or directors/partners/owners).
 

Supply Details Access: Additionally, the Customer authorizes Energy 4 Businesses to access and investigate their supply details through relevant industry databases (including but not limited to Transco, Xoserve, ECOES, Companies House, and The Charity Commission for England and Wales) to provide quotations or facilitate Contracts.
 

21.4. Data Retention:
 

We retain Customer Data only for as long as necessary to fulfill the purposes for which it was collected.
 

      22. Relationship of the Parties
 

No Partnership or Employment: These Terms do not establish a partnership, joint venture, or employment relationship between the Customer and Energy 4 Businesses.
 

Autonomy and Independence: Both parties retain full autonomy and independence. Neither party has the authority to bind or incur liabilities on behalf of the other.
 

No Agency Authority: Energy 4 Businesses does not act as an agent for the Customer, and the Customer does not act as an agent for Energy 4 Businesses.
 

      23. Governing Law
 

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
 

       24. Severability
 

Invalid Provisions: If any provision of these Terms & Conditions is found to be unlawful, invalid, or unenforceable, that provision will be severed from the Terms & Conditions.
 

Continued Validity: The remaining provisions of the Terms & Conditions will continue to be valid and enforceable to the fullest extent permitted by law and effect as if the agreement had been agreed with the invalid, illegal, or unenforceable provisions eliminated.
 

       25. Entire Agreement
 

Superseding Previous Agreements: These Terms & Conditions constitute the entire agreement between the Customer and Energy 4 Businesses regarding the use of our Services.
 

No Other Agreements: All prior agreements, understandings, and representations, whether oral or written, relating to the subject matter of these Terms & Conditions are superseded by these Terms & Conditions.
 

       26. Changes to Terms
 

Right to Modify: Energy 4 Businesses reserves the right to update or modify these Terms & Conditions at any time without prior notice.
 

Use: Use of our Services constitutes acceptance of the revised Terms.