Terms & Conditions
Last Modified: 21st August 2020
1. Services
a. We will provide you with the Services subject to the Conditions. The Conditions apply to our agreement with you to the exclusion of any terms or conditions put forward by you or on your behalf.
b. When providing the Services we will exercise reasonable skill and care. Time for provision of the Services shall not be of the essence.
c. The Services are personal to you and any report, comparison or other document prepared as part of the Services may not be relied upon by any third party unless first agreed in writing by us.
d. You understand and agree that we may contact credit reference agencies and carry out credit checks against you on behalf of a potential Supplier.
2. Provision of information and data protection
a. In order for us to provide you with the Services we will require access to your billing and consumption data and other relevant information. We may, therefore, ask you to sign a letter of authority authorising your current Supplier to disclose this information to us. So that we might provide the Services efficiently and within a reasonable time we would ask you provide such authority and/or information promptly.
b. As we rely on information provided by you or third parties we accept no responsibility for any losses or damage you might suffer in connection with our Services as a result of any error made by you or any third party in the information provided to us.
c. We will be a Data Controller of your Personal Data and will comply, at all times with the Data Protection Laws.
d. We are registered with the Information Commissioner`s Office: ZA264637.
e. We record telephone calls for training, monitoring and verification purposes.
f. For more information on how we use and store your Personal Data, please see our Privacy Notice.
3. Status
a. We are an independent utility broker, but only work with Suppliers who are on our panel
b. We are not acting as your agent and nothing in these Conditions gives us the authority to enter into any obligations on your behalf.
4. Payment for our Services
a. We will either charge you an agreed management fee or, more commonly, we will receive the Fee direct from the Supplier.
b. If we charge you a management fee, our invoice becomes payable within 14 days of the date of invoice.
c. We shall be entitled to charge interest at the rate of 4% above the base rate of Barclays Bank Plc from time to time on any overdue amount.
d. We will provide details of the Fee upon request.
5. Limitation of liability
a. Nothing in these Conditions shall limit or exclude our liability for personal injury, death, fraud, fraudulent misrepresentation or any other liability which cannot be excluded or restricted by law.
b. Without prejudice to 5a:
i. our liability to you for any Losses (howsoever arising) shall not exceed £10,000 in the aggregate; and
ii. we shall not be liable for loss of profit, loss of revenue, loss of contract, loss of anticipated savings, loss of business opportunity whether or not such losses are direct or indirect and/or consequential.
6. Jurisdiction and applicable law
a. These Conditions shall be governed by and construed in accordance with the laws of England.
b. Any dispute will be subject to the exclusive jurisdiction of the courts of England.
7. Definitions
In these Conditions the following terms shall have the following meanings:
“Conditions”: these terms and conditions;
“Data Protection Laws”: the General Data Protection Regulation (GDPR) (EU 2016/679) and the Data Protection Act 2018 together with all secondary legislation, order, regulation made under them and any legislation (whether enacted in the UK or by the EU) which replaces, amends or complements them (whether in whole or in part) and all other laws applicable to the processing of personal data.
“Data Controller” and “Personal Data”: as defined in the Data Protection Laws;
“Fee”: a commission being an uplift expressed in pence per kilowatt hour and/or pence per day or a fixed sum, applied to the Supplier`s base rates, included in your utility charges, collected by the Supplier and paid to us. The level of our uplift varies and depends on a number of factors, including contract length and credit risk.
“Losses”: every liability and/or loss arising under or in connection with our provision of the Services to you including (without limitation) liability in contract, tort (including without limitation negligence), misrepresentation, restitution or otherwise.
“Privacy Notice” notice setting out our obligations and your rights under the Data Protection Laws which can be found on our website: www.exchangeutility.co.uk
“Services”: utility procurement advice, installation and new connections.
“Supplier”: utility supplier or utility installation company.
