In this document you will find the detailed terms and conditions of service for The Electric Board (a trading style of Informed Energy Ltd).
The service provided by The Electric Board is one whereby we look to provide Procurement Services by agreeing terms and acquiring goods, services or works from an external source, on your behalf.
If you have any specific questions in relation to our terms and conditions, our Customer Service team will be more than happy to help. Likewise, if you feel that we did not handle your issue in the right way or there is a problem we might be able to fix, please get in touch. Your views are very important to us. If we have not delivered the standard of service you expected, or if we made a mistake, we would like to know. We will investigate the situation and set about putting it right as quickly as we can, if we can. We don’t want to make the same mistake again, so your feedback is very important to us.
The Electric Board’s Customer Service Team can be reached on 0800 254 5054
TERMS AND CONDITIONS OF SERVICE
These Terms govern the use by the Customer of any of the Services that The Electric Board (TEB) agrees to provide to the Customer from time to time, whether via the Site, the Call Centre or otherwise. Please read these Terms carefully before accepting these Terms and using the Services. By using the Services, you signify that you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
The Customer’s attention is specifically drawn to the provisions of clauses 6 and 10.
The following definitions apply to these Terms and Conditions of Service (the “Terms”):
Call Centre: means the call centre operated by TEB for the purposes of providing the Services.
Contract Checking Service: means the contract checking service that TEB agrees to provide to the Customer whereby TEB obtains, on the Customer’s behalf, information about the Customer’s existing contractual position with the Customer’s Existing Supplier.
COT: means, in respect of premises to which energy/utilities supply services are supplied under a Supply Contract made between the Customer and a Supplier following provision of the Procurement Service by TEB, any change in the occupancy of those premises such that the new occupier is entitled to change supplier of energy/utilities supply services.
Credit Score Criteria: means the credit rating requirements as may be determined and required by TEB and/or the Supplier from time to time in order for a Customer to qualify to use the Services and contract with a Supplier.
Customer: means any non-domestic commercial customer who satisfies the eligibility requirements set out in clause 3.2 and to whom TEB agrees to supply any of the Services from time to time.
Existing Supplier: means the Customer’s existing third-party energy/utilities supplier.
Intellectual Property Rights: means any and all intellectual property rights, including without limitation; copyright, patents, rights in inventions, design rights, trademarks, service marks (in each case whether registered, unregistered or the subject of an application to register), moral rights, database rights, rights in computer programs, semi-conductor topographies, confidential information, trade secrets, know-how, business, trade and domain names, rights in goodwill and rights to bring a claim for passing off, unfair competition rights and all similar, like and analogous rights wherever held in the world and all extensions revivals and reversions thereof and, in each case, all equivalent forms of protection which subsist now or which subsist in the future.
Letter of Authority: means a letter that you sign authorising TEB to approach your current supplier(s) directly, without your having to do so, as may be required in the course of TEB providing the Services. Signing the Letter of Authority does not give TEB authority to act as your agent in any way, nor does it authorise TEB to agree new supply agreements on your behalf.
Procurement Service: means, where the Customer has accepted a Supplier’s Quotation presented to it, the procurement service that TEB agrees to provide to the Customer whereby TEB agrees to either: (i) facilitate the switching of the Customer to the Supplier; or (ii) assist in the renegotiation of the Customer’s arrangements with its Existing Supplier.
Quotation: means a quotation provided to the Customer by TEB on behalf of a Supplier which sets out the terms and prices upon which a Supplier may be prepared to supply the Supplier Services to the Customer.
Quote Acceptance Form: means a document containing a breakdown of your quotation. This document will provide details of the quotations your account manager will have discussed with you. In order for TEB to request contracts from the suppliers, for you to agree, we require you to indicate on the document which option(s) you would like to agree, sign the document and return to your account manager who will have the supplier draw up the relevant paperwork.
Services: the services provided by TEB whether via the Site, the Call Centre or otherwise, to which the Customer chooses to subscribe from time to time.
Site: means the website hosted at www.theelectricboard.co.uk
Supplier: means any third-party energy/utilities supplier of services and/or products as may be selected by TEB and/or listed on the Site from time to time.
Supplier Services: means the energy/utilities supply services and/or products as may be agreed to be provided by a Supplier to a Customer from time to time.
Supply Contracts: means contracts with energy Suppliers for the supply of electricity and/or gas.
Supply Number: means electricity or gas meter points with administration or reference numbers.
TEB: means The Electric Board which is a trading style of Informed Energy Ltd. Informed Energy Ltd is a company which is registered in England and Wales under company number 11576492 and which has its registered office at Swallow House, Parsons Road, Washington, NE37 1EZ.
2. Application of Terms
2.1 These Terms shall apply between TEB and the Customer immediately upon the Customer returning a completed Quote Acceptance Form to TEB.
2.2 these Terms shall apply to the provision of any Service by TEB to a Customer and shall apply in place of, prevail over and supersede any other terms or conditions contained or referred to elsewhere (whether in correspondence or otherwise) or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by TEB or a TEB authorised representative.
3. Subscribing to the Services
3.1 In order to use any of the Services, the Customer will need to register with TEB via the Call Centre. TEB may, in their sole discretion, refuse to register any business as a Customer.
3.2 In order to be eligible to register to use the Services, the Customer must:
a) be a business that is resident in the UK or The Republic of Ireland;
b) be aged eighteen years or over (if a sole trader);
c) meet any Credit Score Criteria required by TEB and/or any Supplier; and
d) be able to provide TEB with all such relevant information as TEB may require in order to provide the Services to the Customer.
4. Provision of Services
4.1 If the Customer makes an offer based on a Quotation and if the Supplier accepts the Customer’s offer, TEB will provide the Procurement Service which will include organising the contract between the Supplier and the Customer for the supply and purchase of the Supplier Services. TEB shall not be responsible for any delay or failure caused by any Supplier or Existing Supplier in relation to affecting any transfer.
4.2 TEB will arrange the Supply Contract based on the information provided by the Customer to TEB. Prior to completion of the Supply Contract, the Customer’s information will be confirmed by TEB with the Customer by email, via the Call Centre or by letter. It is the Customer’s responsibility to ensure at this point that all the Customer information is true, accurate, complete, reliable and current in all respects and to inform TEB promptly if there are any errors and/or if any amendments are required. If any of the Customer information needs to be amended or rectified, this may result in the transfer being delayed or rejected by the Supplier.
4.3 Once the Supply Contract is in final form, TEB will send a summary of the key terms of the Supply Contract to the Customer. The Customer must check that all the details are correct and must inform TEB of any errors and/or amendments within 24 hours of receipt.
4.4 The Customer agrees that within reasonable time and by no later than 15 days prior to the last day upon which notice to terminate the Supply Contract can be served by the Customer, the Customer shall contact TEB so as to enable TEB to provide options again on behalf of the Customer. TEB shall also be entitled, but not obliged to, contact the Customer for the same purpose.
4.5 The Customer acknowledges that by entering into a Supply Contract with a Supplier, the Customer will be contracting directly with the Supplier and not with TEB. The Customer agrees that TEB is not liable in any way in relation to any transactions, dealings or arrangements of any kind made between the Customer and any Supplier and that any such transaction, dealing or arrangements (including, without limitation, any payment obligations of the Customer thereunder) are the Customer’s sole risk and responsibility.
4.6 TEB operates as a service provider and nothing in these Terms is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
Except as set out in clause 6 below, TEB will not charge the Customer for the Services. This is because TEB is remunerated directly by the Suppliers and receives a commission for securing and finalising the Supply Contract between the Customer and the Supplier. This is usually by way of an uplift that is applied within your unit cost for energy.
The cost of TEB’s service is therefore included within the cost of the Supply Contract that you agree with the Supplier.
By way of example we may secure a price for electricity at 16 pence per KWH and apply a 0.4p uplift. The contracted price we would offer would therefore be 16.4p. Our commission would be calculated as 0.4p multiplied by your annual energy consumption and multiplied by the contract term. This uplift is highlighted within the Quote Acceptance Form and is displayed in £’s per kwh (i.e. the above example of 0.4p would be displayed as £0.004).
Our uplifts depend on several factors such as, the size of the Supply Contract, the term and credit risks.
Because we get paid by Suppliers, we only offer prices from those Suppliers on our panel. Our panel does not include all suppliers and the suppliers we do work with can change from time to time.
For further information on how we get paid please contact our customer services team on 0800 254 5054.
6. Cancellation charges
6.1 At any time that these Terms are in effect between TEB and the Customer, in the event that:
a) a Supply Contract has been made between the Customer and a Supplier following provision of the Procurement Service by TEB; and
b) the Supply Contract is cancelled or terminated (howsoever such cancellation or termination arises) at any time before the end of the supply period set out in it,
the Customer shall, subject to clause 6.3 below, immediately become liable to pay TEB a cancellation fee (the “Cancellation Fee”) as set out in clause 6.2.
6.2 The Cancellation Fee shall be calculated as follows:
|Meter estimated annual consumption||Cancellation Fee|
|Up to 49,999 kwh||£2,000 per meter|
|50,000 kwh to 99,999 kwh||£3,000 per meter|
|100,000 kwh to 499,999 kwh||£5,000 per meter|
|500,000 kwh or more||£7,000 per meter|
If the Supply Contract is terminated at any time after the supply of energy under it has commenced the Cancellation Fee shall be pro-rated for the period after such termination until the Supply Contract end date.
6.3 For the avoidance of doubt, no Cancellation Fee will be due and payable if a Supply Contract is terminated in consequence of or in connection with a COT unless:
a) a Supply Contract is terminated in consequence of or in connection with a COT that has not been notified to TEB in accordance with clause 7.2; or
b) the proposed new occupier is connected to the Customer,
in which case a Cancellation Fee shall be due and payable in accordance with clause 6.1. For these purposes “connected”, in relation to a person, has the meaning given to it in section 1122 of the Corporation Tax Act 2010.
6.4 TEB shall be entitled to invoice the Customer for the Cancellation Fee at any time after it becomes aware that it is due, and the Customer shall pay the Cancellation Fee to the specified bank account within 30 days after the date of invoice. Time for payment of the Cancellation Fee shall be of the essence of the contract for Services.
6.5 If the Customer fails to pay the Cancellation Fee by the due date, then, without limiting TEB’s remedies under clause 9 (Termination) the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each date at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when the base rate is below 0%.
6.6 All amounts due under this clause 6 from the Customer to TEB shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
6.7 The Customer confirms that the Cancellation Fee is reasonable and proportionate to protect TEB’s legitimate interest in the Supply Contract reaching full term.
7. Customer’s obligations
7.1 In addition to the Customer’s other obligations set out in these Terms, the Customer warrants, represents and undertakes:
a) to co-operate with the Supplier(s) in all matters relating to the Services including, without limitation, providing all relevant information in a timely manner as the Supplier(s) and/or TEB may require from time to time and that all such Customer information will be true, accurate, complete, reliable and current in all respects; and
b) to comply at all times with these Terms and any applicable terms and conditions imposed by a Supplier in relation to the supply of the Supplier Services.
7.2 The Customer shall give TEB not less than 14 days’ notice in writing of any proposed COT, which notice shall summarise the nature and details of the proposed COT and in particular, full details of any proposed occupant of the relevant premises.
8. Intellectual property rights
The Customer agrees that any and all Intellectual Property Rights in or to the Services, any information and/or materials provided the Customer, the Site and any content therein (including, without limitation, the look and feel of the Site) shall remain owned by TEB and/or its licensors and any use or attempted use of any of the same shall constitute an infringement of TEB’s (and/or its licensors’) Intellectual Property Rights and may expose the Customer to both civil and criminal liability.
9.1 Without prejudice to the foregoing and any other rights and remedies that TEB may have, TEB shall be entitled to terminate or suspend the Services immediately upon written notice to the Customer in the event that: (a) the Customer is in breach of any of the provisions of these Terms and that in the case of a breach capable of remedy, such breach shall not have been remedied within 7 days of the date of a written notice from TEB to the Customer specifying such breach; or (b) TEB suspects on reasonable grounds that the Customer may have committed or attempted to have committed any fraud against TEB and/or any Supplier.
9.2 The Customer hereby agrees to indemnify, keep indemnified, defend and hold TEB and its parent companies, subsidiaries, affiliates and each of their respective officers, directors, employees, owners, agents, suppliers, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with any use by or conduct of the Customer in relation to any of the Services, any transactions, dealings or arrangements made with any third party as a result of using the Services or any breach of any of the provisions of these Terms or of any law or the rights of any third party.
10. Limitation on Liability
10.1 TEB will exercise all reasonable skill and care in providing the Services. However, the performance of the Services by TEB may be dependent upon third parties (including, without limitation, Suppliers and Existing Suppliers) and TEB is not able to guarantee or accept any responsibility for any failure or delay caused by such third parties or for any inaccurate, incomplete or unreliable information provided to the Customer by such parties via TEB.
10.2 TEB shall use its reasonable endeavours to ensure that all pricing information provided by TEB to the Customer as part of the Pricing Comparison Service is accurate, current and reliable in all material respects. However, save in respect of the foregoing, TEB does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purposes or legality of any information accessed as a result of the Customer’s use of the Services, the Site or the Call Centre or otherwise communicated by TEB to the Customer.
10.3 Except as expressly provided in these Terms, the Services and the Site are provided on an “as is” basis without representation or warranty of any kind and to the fullest extent permissible pursuant to applicable law TEB disclaims all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
10.4 TEB does not exclude or limit its liability (if any) in any way:
a) for death or personal injury caused by TEB’s negligence;
b) for fraud or fraudulent misrepresentation; or
c) for any matter from which it is unlawful to exclude, or attempt to exclude, TEB’s liability.
11. Data protection
12. Force majeure
TEB shall have no liability to the Customer if it is prevented from or delayed in performing any of its obligations in relation to the provision of any of the Services, or from carrying on its business, by acts, events, omissions or accidents beyond TEB’s reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of TEB or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, and TEB shall be entitled to a reasonable extension of the time for performing such obligations in the event of any such occurrence.
13. No Waiver
Any failure or delay by TEB to enforce any of its rights under these Terms is not to be taken as or deemed to be a waiver of that or any other right unless TEB acknowledges and agrees to such a waiver in writing.
If any clause or part of a clause of these Terms is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms.
15. Third Party Rights
Except as expressly provided in clause 9.2, the parties agree that the provisions of these Terms are personal to them and are not intended to confer any rights of enforcement on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract or to any of its provisions, other than clause 9.2.
16.1 Each Party agrees that it is an independent contractor and is entering into the Contract as principal and not as agent for or for the benefit of any other person.
16.2 Save as expressly provided otherwise, nothing in the Contract and no action taken by the Parties in connection with it or them will create a partnership or joint venture between the Parties or give either Party authority to act as the agent of or in the name of or on behalf of the other Party or to bind the other Party or to hold itself out as being entitled to do so.
16.3 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
17. Dispute Resolution
17.1. In the event of a dispute under the Agreement and prior to initiating any legal proceedings, the parties shall follow the following dispute resolution process procedure:
in the first instance, either party may call a dispute resolution meeting of the parties by the service of not less than ten days’ written notice, and each party agrees to procure that a senior member of its staff shall attend all dispute resolution meetings called in accordance with this clause;
the attendees of a meeting called in accordance with 17.1 (a) above shall use their best endeavours to resolve disputes arising out of this agreement:
if the dispute is not resolved within ten Business Days of it being considered at a dispute resolution meeting, it shall be referred to the managing director of each of the parties for resolution, who shall co¬ operate in good faith to resolve the dispute amicably: and
if the dispute is not resolved within further ten Business Days. either party shall be free to instigate an alternative dispute resolution procedure with the assistance of a mediator agreed by the parties, or in the absence of such agreement, a mediator appointed by the Centre for Dispute Resolution or such other similar body (a “Mediation”);
if the parties reach a settlement as a result of the Mediation, such settlement shall be reduced to writing, and once signed by a duly authorised representative of each party, the settlement shall be binding:
the parties shall bear their own legal costs associated with the dispute resolution procedure, save that the costs and expenses of a Mediation shall be borne equally by the parties.
17.2. Subject to clause 17.3, and provided that the right to issue proceedings is not prejudiced by delay, neither party may commence court proceedings in relation to any dispute arising out of the Agreement until:
it has attempted to settle the dispute by the dispute resolution procedure set out in clause 17. 1 above;
either the Mediation has terminated, or the other party has failed to participate in the Mediation.
17.3. Nothing in clause 17.1 shall restrict the right of either party to seek urgent or injunctive relief from a court.
18. Transfer of rights and obligations
18.1 These Terms are binding on the Customer and TEB and on each parties’ respective successors and assigns.
18.2 The Customer may not transfer, assign, charge or otherwise dispose of these Terms, or any of its rights or obligations arising under them, without TEB’s prior written consent.
18.3 TEB may at any time transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of its rights or obligations arising under them.
19. Entire Agreement
20. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.