Terms and conditions of BetterUtilities’ services

The following document outlines the terms and conditions of services acquired from BetterUtilities Limited.

The following principle terms listed below become effective once the BetterUtilities switching service is used by a customer.

The terms and conditions below determine the use of services that BetterUtilities provides to customers. It is essential that, as a potential customer, you carefully read the terms and conditions outlined below in their entirety before accepting. Through the use of BetterUtilities services, you are declaring that you have read, understood, and agreed, as a customer, to be legally bound by our terms and conditions. If you do not agree with these terms and conditions in their entirety, do not use our services, as use of service will be seen legally as acceptance of any and all terms and conditions.

Contact our customer support team on 0191 249 8035 if you require further information about our terms and conditions or have any queries.

BetterUtilities Price Comparison and Switching Service

BetterUtilities supply both price comparison and switching services to businesses located within the UK. Eligibility for our services is as follows:

• The customer must be a business located in the UK only.
• The customer must be eighteen years of age or older.
• The customer must meet the credit score requirements outlined by any of our suppliers. BetterUtilities reserves the right to refuse services to any customer. These decisions are made at BetterUtilities’ discretion.

Once a customer agrees to the use of BetterUtilities’ services, our team will identify, negotiate, and secure your business’s competitive energy prices within our capabilities. Our team will take reasonable steps to acquire the best energy prices available for your business, within the realms of our ability.

BetterUtilities will supply quotes on your energy price based on our available panel of energy suppliers; these prices are set through price books that are provided by our suppliers.

By agreeing to our terms and conditions, you are agreeing to provide BetterUtilities with up-to-date and accurate information. This information includes approximate or actual usage of energy, the current contract ending date, or any other factors that may have an impact on your quotation or pricing. This information will be provided to allow BetterUtilities to obtain accurate quotations for your business’s energy prices.

BetterUtilities always looks to provide the best competitive rates for your energy through switching or renewal. Due to the fact that energy prices fluctuate daily, there is no guarantee that any quote is the absolute cheapest.

BetterUtilities considers numerous factors when seeking supplier quotes for your business. Contracts offered from potential suppliers are best suited to these factors, with price just one of the many factors used in seeking the best-suited contract for you.

Quotations provided for your business will be from our supplier through BetterUtilities. These quotations do not constitute an offer to the customer.

Offers from suppliers will have their own terms and conditions attached. It is essential that, before accepting services from a supplier, you thoroughly read and agree to their terms and conditions, as these are legally binding. Through the use of the supplier’s services, you are agreeing to the terms and conditions they have listed.

In some instances, BetterUtilities is able to offer a business a “Win Back”. A “Win Back” is when BetterUtilities will reintroduce your business back to your current supplier through the occurrence of your current supplier beating a price from another supplier that you had agreed to switch to or considered switching to. Through the occurrence of a “Win Back” you are agreeing to cancel your contract with the supplier you had agreed to move to, instead renewing your contract with your previous supplier at the new rate quoted.

Suppliers have the ability to, at any time or for any reason, refuse an offer of acceptance from a customer. Refusal to accept an offer of acceptance is solely at the discretion of the supplier.

In the event that both a customer and supplier wish to enter into a contract, BetterUtilities will provide a switching or renewal service. BetterUtilities’ switching or renewal services include organising the contract between the supplier and customer for the supply and purchase of energy services.

Through the acceptance of a quotation, the customer is creating a contract between themselves and the supplier that is legally binding. Once the offer has been accepted, the customer is not permitted to overturn their acceptance. It is vital that, due to these terms, customers not enter into any duplicate contracts with any other suppliers.

The customer acknowledges that the contract that they are entering into is not with BetterUtilities but with their chosen supplier of their energy supply.

The customer accepts that the provision of any energy provider and their services are not the responsibility of BetterUtilities.

BetterUtilities takes no responsibility as to the quality of the supplier’s service or service prices.

BetterUtilities does not accept responsibility for any failures or delays caused by the customer, new supplier, or existing supplier in relation to the transfer or renewal of their existing energy supply.

The customer acknowledges that BetterUtilities accepts no liability to the customer, in any capacity, for the dealings, contracts, or transactions between the supplier and customer.

BetterUtilities states that responsibility for dealings, transactions, contracts, or payment obligations is the customer’s responsibility. All risk and responsibility for these dealings are with the customers alone.

Charges for BetterUtilities’ service

BetterUtilities does not take payment from the customer for our services. BetterUtilities is paid for their services by the suppliers through commissions. Commissions are paid to BetterUtilities for the service we provide to the supplier; this includes securing contracts from customers and finalising deals. The unit cost of your energy from the supplier will usually have an uplift to reflect this. This means that our services will be included in the unit cost that you agree to with your chosen supplier via your contract.

The uplift charges are automatically applied to your unit rate. An example of this is if we quote your contracted price of 17.7 pence per KWH for your electricity, 17 pence of this is the price of the electricity, and 0.7 pence of this is the added uplift to cover our commission. This means that our total commission for securing your contract would be 0.7 pence multiplied by your annual energy consumption and your contract term.

The amount of uplift added to your unit cost is based on the size of your contract, which will include other factors such as contract length and credit risk, amongst other things.

Uplift chargers are usually under 1 pence, which is generally a low percentage of your energy cost. BetterUtilities is paid directly by the suppliers, which means that we only offer energy contracts from suppliers that are on our panel. Our panel presently consists of over 90% of UK suppliers of business energy.

BetterUtilities does not provide a free service; our service price is included within the unit price quoted. If you would like more information about the commissions paid to BetterUtilities through your contract, please contact our customer care team.

BetterUtilities customer obligations

The Customer agrees:
(i) to co-operate with BetterUtilities in all matters relating to the Services and not in any way through acts or omissions hinder, prevent, or delay the provision of the services;

(ii) to comply at all times promptly and completely with both these terms and conditions and any terms and conditions of the relevant Supplier, including, for the avoidance of doubt, the obligation to make all payments promptly to the Supplier;

(iii) to provide such information, data, or documents as BetterUtilities may request from time to time;

(vi) to ensure that all information and documents provided to BetterUtilities are complete, up-to-date, and accurate at all times;

(v) to provide such assistance as BetterUtilities may reasonably require from time to time in relation to the services.

(vi) to immediately inform BetterUtilities in the event there is any change in the customer’s circumstances which may affect the provision of the services or impact the contract or proposed contract;

(vii) to comply with the provisions of the Bribery Act 2010 and any other applicable legislation;

(viii) not at any time, whether directly or indirectly, instruct, direct, permit, cause, or allow the supplier to cease or withhold the payment of any commission to BetterUtilities; and

(ix) not at any time to have entered into or enter into any other contract (for any reason including due to a change in tenancy or change in occupancy) for the supply of energy (“Other Contract”) for the intended period of the Contract whereby that Other Contract provides energy and/or the Services, whether in whole or in part, to be provided under the Contract.

Duplicate contracts and customer breach fees

The consequences of the customer breaching these terms and conditions are as follows:

Without affecting any other right or remedy available to it, BetterUtilities may, as it sees fit, terminate or suspend this agreement with immediate effect by giving written notice to the customer if:

(i) the customer commits a material breach of any term of these terms and conditions and (if such a breach is remediable) fails to remedy that breach to BetterUtilities’ satisfaction within fourteen days of the customer being notified in writing to do so;

(ii) the customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), is subject to a winding up process (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), has a receiver appointed to any of its assets or ceasing to carry on business; or

(iii) the customer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.

In the event of such termination or suspension, BetterUtilities is relieved of all its obligations under the agreement.

Further, in the event of:

(i) termination (that may conclude suspension); or

(ii) any breach of a customer obligation for whatever reason

The customer will, on receipt of demand, make payment to BetterUtilities (“the Breach Fee”). The Breach Fee shall be a payment of whichever is higher, either:

(i) representing the commission payment (or such balance of the commission payment yet to be paid to BetterUtilities) which BetterUtilities would have received from the supplier but is not received or will not be received due to the customer’s breach; or

(ii) a fixed amount of £750 per meter.

VAT is due to be paid on a Breach Fee.

The customer agrees that the Breach Fee is due to be paid within seven days of receiving demand for the same and that it enjoys no right of set off, defence, counterclaim, or other reason to withhold or delay payment.

The customer agrees that the Breach Fee, whether fixed or commission-based, represents the reimbursement of loss suffered by BetterUtilities resulting from the customer’s breach of these terms and conditions. It does not represent an unfair gain or windfall on the part of BetterUtilities that is in the nature of or is capable of falling within the definition of a penalty.

The commission payment for the purposes of this clause is calculated on the basis of the consumption as set out in the contract or related documents.

The breach fee is due to be paid as per this clause, irrespective of any date or dates the supplier may have been due to make a commission payment to BetterUtilities.

Liability to pay a Breach Fee is in addition to any charges the supplier may seek to recover from the customer.

Change of Tenancy Notifications and Fees

The requirement to notify BetterUtilities of a change of tenancy in the event of a change of tenancy (as defined) and the consequences of failing to do so.

Where a customer enters into an energy supply contract through BetterUtilities but permanently vacates the relevant premises either before the supply of energy commences or during the period of supply under that contract, the contract will terminate. This is called a change of tenancy (“a COT”).

A COT involves either (i) a party not connected to or associated with the customer taking over the premises (a party is connected to the customer if it falls within the definition set out in sections 1122 and 1123 Corporation Tax Act 2010) or (ii) the premises becoming vacant for a minimum period of three months following the customer’s departure.

BetterUtilities’ fees are adjusted by a supplier if a COT occurs. It is therefore important that BetterUtilities receive from the customer, at least fourteen business days notice before the date of vacating the premises, written confirmation of the change together with evidence of the COT satisfactory to BetterUtilities, this may include (a non-exhaustive list by way of example only) a land sale contract/TR1, assignment, or surrender of a lease certified by the customer’s solicitor.

The written notice from the customer must include a letter from the customer’s solicitor confirming that the vacation of the premises is a COT as set out above, and provide sufficient detail to enable BetterUtilities to satisfy itself as to the nature of the COT.

Failure to notify BetterUtilities in the event of a COT will incur a fee for the loss/reduction in the commission the supplier pays to BetterUtilities. In those circumstances, BetterUtilities reserves the right to charge the customer a one-off fee of £750 per meter or the total value of the commission payment BetterUtilities would have received in relation to the contract, whichever is the higher figure. In calculating the said fee, BetterUtilities will apply a discount percentage to reflect the commission payment it has actually received (subject to a minimum failed contract fee of £750 per meter).

Failure to go live

Irrespective of and in addition to any other rights of BetterUtilities under these terms and conditions, should a contract fail to go live (commence supply) due to the customer failing to provide BetterUtilities with the necessary information or documentation requested by either BetterUtilities or the supplier, or through a failure of a supplier refusing to accept supply, BetterUtilities reserves the right to charge the customer a one-off fee of £700. Critical information required, but not limited to, includes signed letters of authority, current supplier information, meter numbers, contract start and/or end dates, termination notifications, supplier ceasing to trade/onboard contracts, and banking details, including the set-up of direct debits or standing orders with a new supplier.

Failure of contract due to insolvency

If the customer or its current supplier fails and the customer enters insolvency or the supplier enters the supplier of last resort (SOLR), BetterUtilities fees may not be paid by the supplier. This is due to commission being clawed back for the length of any contract that has not been fulfilled. In those circumstances, BetterUtilities will charge a fee of £700, or the total value of commission it would have earned on the contract introduction (per meter) – whichever is the higher figure, credit being given for commission paid for the part of the contract that has been fulfilled. BetterUtilities may, at its discretion, waive those fees if the customer enters into another contract arranged by BetterUtilities.

Renewals

If you have provided BetterUtilities with delegated authority (DA) which allows us to renew your energy contract on your behalf, our auto-renewal terms and conditions apply and are legally binding.

Limitation of liability

limits to the liability of BetterUtilities to the customer

The customer acknowledges and agrees that by entering into the contract, the customer contracts directly with the supplier and not BetterUtilities for the supply of energy. The customer therefore further acknowledges that BetterUtilities incurs no liability arising from or in connection with the customer’s obligations and liabilities arising under the contract.

These terms and conditions do not seek to avoid BetterUtilities’ liability to the customer where such liability arises from dishonesty on the part of BetterUtilities or death or personal injury on the part of the customer.

BetterUtilities’ total liability (including any principal, interest, costs, and charges whatsoever and howsoever arising) to the customer shall not, in any event, exceed the amount of the commission payment received by BetterUtilities in respect of the contract in question.

Subject to the above, BetterUtilities incurs no liability to the customer that arises under or in connection with these terms and conditions in respect of:

(I) loss of profits;
(ii) loss of sales or business;
(iii) loss of agreements or contracts;
(iv) loss of anticipated savings;
(v) loss of or damage to goodwill; or
(vi) indirect or consequential loss.

Should the customer assert liability on the part of BetterUtilities, then it must notify BetterUtilities in writing to that effect:

within six calendar months of the first event said to give rise to such liability coming to the attention of the customer, its agents, or representatives; or

within six calendar months of the first event said to give rise to such liability, which ought reasonably to have come to the attention of the customer.

The notice must be in writing, identify the event and the grounds for the claim in reasonable detail, and provide copies of all relevant documents and information.

In the absence of such timely notification, BetterUtilities shall have no liability to the customer.

BetterUtilities makes no express warranties and specifically disclaims any implied warranties with respect to the performance of services, to the extent permissible by law.

This clause survives the termination of the contractual relationship between BetterUtilities and the customer.

Data protection

BetterUtilities does not anticipate receiving any personal data (as defined in data protection legislation from time to time) from the customer other than contact details of the relevant personnel.

The customer agrees that BetterUtilities may share such contact details with suppliers, their agents, and representatives.

Each party shall comply with all the obligations imposed on a controller under data protection legislation from time to time.

General matters

If any provision of these terms and conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions shall continue in full force and effect as if these terms and conditions had been agreed upon with the invalid, illegal, or unenforceable provisions eliminated.

These terms and conditions constitute the entire agreement between the parties and supersede any previous agreement or understanding. These terms and conditions may not be varied except in writing between the parties.

No failure or delay by BetterUtilities in exercising any of its rights under these terms and conditions shall be deemed to be a waiver of that right, and no waiver by BetterUtilities of any breach by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

The parties acknowledge and agree that these terms and conditions shall not establish or constitute any relationship of partnership, joint venture, franchise, or agency between the parties, and except as otherwise expressly provided or agreed, neither party shall have the power to bind the other without the other’s prior written consent.

The customer agrees not to assign, mortgage, charge, transfer, subcontract, delegate, declare a trust over, or deal otherwise with any of its rights and obligations under these terms and conditions.

The customer grants BetterUtilities a fully paid-up, non-exclusive, royalty-free, non-transferable license to copy and modify any materials and information provided by the customer to a supplier in relation to a potential contract.

BetterUtilities will use its reasonable endeavours to deliver the services in a timely manner, but time shall not be of the essence for the performance of the services.

The Customer agrees that BetterUtilities does not incur any liability for delay in performing, or failure to perform, any of its obligations as per this Agreement in the event such delay or failure result from partially or entirely events, circumstances, or causes beyond BetterUtilities’ reasonable control.

Unless it expressly states otherwise, these terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these terms and conditions.

These terms and conditions shall be governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.