Terms and Conditions
The following document sets out the terms and conditions of service that apply to the Smart Renew Service (as defined below) provided by Utility Bidder, and apply to the exclusion of any other terms that the Customer may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
These terms and conditions apply in addition to Utility Bidder’s Standard Terms. In the event of any conflict between these terms and conditions and the Standard Terms, these terms and conditions shall apply.
If the Customer has any questions about these terms and conditions or otherwise, it can contact Utility Bidder’s Customer services team who will be more than happy to help. The Customer services team can be contacted on 0800 007 4001 (or such other number as is notified by Utility Bidder to the Customer from time to time).
In these terms and conditions, the following terms shall have the following meanings:
“Utility Bidder” means Utility Bidder Limited (company number 06954978);
“Customer” means you;
“Duplicate Energy Contracts” means duplicate/multiple contracts being entered into by or on behalf of the Customer, in respect of the same energy supply;
“Energy Contract(s)” the contract(s) to be entered into on the Customer’s behalf with the applicable supplier, for the supply of energy to the Customer;
“Letter of Authority” means a delegated letter of authority to be provided to Utility Bidder, substantially in the form annexed to these terms and conditions;
“Opt Out Period” means the 72 hour period following receipt by the Customer of the quote(s);
“Price Comparison Services” means the price comparison services provided by Utility Bidder, which help to facilitate the sale or energy contract(s);
“Smart Renew Service” means the service through which Utility Bidder manages the contractual process for the Customer’s applicable energy contract(s) during its renewal period (prior to the Customer’s contract expiring and its account being placed on to deemed rates with potential additional administrative costs);
“Renewal Window” means the renewal window that is available for the Customer’s Energy Contract(s), which will usually commence on the date falling 12 months before the expiry date of the contract (or as otherwise determined by the applicable energy supplier(s));
“Smart Renew Renewal Period” means the period within the Renewal Window within which Utility Bidder shall provide the Smart Renew Services;
“Standard Terms” means Utility Bidder’s standard terms and conditions available here: www.utilitybidder.co.uk/terms-and-conditions/ , as updated from time to time, which apply to the Customer’s overarching relationship with Utility Bidder (including the provision of the Price Comparison Services);
Commencement and duration
Utility Bidder’s provision of the Smart Renew Service is dependent upon the Customer providing a signed Letter of Authority to Utility Bidder.
The Customer returning a duly signed and completed Letter of Authority to Utility Bidder constitutes an offer by the Customer to acquire the Smart Renew Services from Utility Bidder in accordance with these terms and conditions; the Customer’s offer shall be deemed accepted on the earlier of Utility Bidder (i) confirming the same to the Customer and (ii) commencing provisions of the Smart Renew Service. Utility Bidder shall be entitled to refuse a Customer’s offer at its sole discretion.
The Customer shall be entitled to revoke and terminate the Letter of Appointment, and therefore terminate the provision of the Smart Renew Services, at any point by providing no less than seven days’ notice to Utility Bidder [prior to commencement of the Smart Renew Renewal Period (as defined below) using the following address: Corby Innovation Hub, Bangrave Road South, Corby, NN171NN. Such notice will be deemed received when received.
Utility Bidder shall be entitled to terminate the provision of the Smart Renew Services at any time on notice without liability.
The Customer maybe required to provide an updated Letter of Authority on an annual basis, as notified by Utility Bidder, if it wishes to renew the Smart Renew Service or at the request of an energy supplier.
The provision of the Smart Renew Services shall automatically terminate in the event the agreement for Price Comparison Services is terminated.
Smart Renew Services and Utility Bidder’s authority
The Smart Renew Service is provided to the Customer in addition to the Price Comparison Services provided by Utility Bidder, pursuant to the additional Letter of Authority.
In signing the Letter of Authority, the Customer appoints Utility Bidder to act as its exclusive agent and authorises Utility Bidder to conclude Energy Contract(s), in accordance with these terms and conditions.
The Smart Renew Services will be carried out during the applicable Renewal Window. The Customer shall be entitled to select the Smart Renew Renewal Period within which it would like the Smart Renew Services to be carried out, being either 12 months, 9 months, 6 months or 3 months before expiry of the Renewal Window. Unless the Customer notifies Utility Bidder of its selection, the Smart Renew Renewal Period shall be 9 months. Utility Bidder may amend the Customer’s Smart Renew Renewal Period In the event that the Customer’s current energy supplier opens its Renewal Window at a later date, so that the Smart Renew Services are provided in line with the Customer’s current energy supplier’s renewal process, unless instructed otherwise by the Customer.
In the event that the Customer appoints Utility Bidder and selects a Smart Renew Renewal Period with a duration that exceeds the amount of time available within the Renewal Window, the Smart Renew Renewal Period shall be deemed to commence within 14 days of Utility Bidder’s appointment pursuant to the Letter of Authority and shall run for the remainder of the available Renewal Window.
Following commencement of the Smart Renew Renewal Period, Utility Bidder shall generate quotes from the energy suppliers participating in the Smart Renew Service and shall provide these to the Customer.
The Customer acknowledges that (i) Utility Bidder is only able to introduce the Customer to the contractual arrangements that are made available by the energy supplier, based on the Customer’s information, consumption and other requirements that have been notified to Utility Bidder; (ii) Utility Bidder does not make or give any representations, warranties or other promises concerning the suitability of the available contractual arrangements for the Customer; and (iii) the participation of energy suppliers in the renewal process may be impacted by factors such as the Customer’s credit score, over which Utility Bidder has no control.
Following provision of the quote(s) by the participating energy supplier(s), the Customer shall be entitled to instruct Utility Bidder not to proceed with entering into an Energy Contract, during the Opt Out Period.
The Energy Contract
Unless the Customer instructs Utility Bidder within the Opt Out Period not to proceed, Utility Bidder shall enter into (on the Customer’s behalf) the Energy Contract based on the following process:
- Utility Bidder shall select the Energy Contract offering the lowest price for the Customer;
- unless instructed otherwise by the Customer, the Customer’s existing supplier will be afforded an allowance in that their Energy Contract will be deemed to offer the lowest price where the price is no more than 5% more expensive than the lowest price available (to accommodate the risks and costs of transferring suppliers) – in the event the prices increase beyond this threshold, Utility Bidder will reissue updated quotes;
- Utility Bidder allows for a tolerance threshold of 2.5% by which the originally quoted prices are able to increase, without preventing Utility Bidder from entering into the Energy Contract – in the event the prices increase beyond this threshold, Utility Bidder will reissue updated quotes,
and (subject to the above terms) Utility Bidder shall use reasonable endeavours to execute the Energy Contract with the lowest price, promptly following expiry of the 72 hour review period, although this may be impacted by events outside of Utility Bidder’s control.
If a supplier rejects Utility Bidder’s proposal to enter into the Energy Contract, Utility Bidder shall either (at its discretion) provide updated quotes to the Customer or select the energy supplier providing the second cheapest price.
The Energy Contract will be on the applicable supplier’s terms and conditions and Utility Bidder shall not be required to propose amendments or enter into any negotiations of such standard terms and conditions as part of the Smart Renew Service. Utility Bidder does not make or give any representations, warranties or other promises concerning the applicable energy supply or the provisions, validity or enforceability of the Energy Contract.
Unless (i) the Customer otherwise instructs Utility Bidder or (ii) the applicable term is unavailable, the term of the Energy Contract shall be determined according to the duration of the Customer’s expiring contract, as follows:
|Expiring contract’s term
||New Energy Contract term
In the event the applicable term is not available, Utility Bidder shall select the next available term with a shorter duration.
Utility Bidder’s charges for the Smart Renew Services
Utility Bidder recovers its charges for the Smart Renew Services indirectly, through the appointed energy supplier applying an uplift to the Customer’s unit cost of energy under the Energy Contract; this uplift is then paid directly to Utility Bidder by the energy supplier(s) by way of commission for securing and finalising the Energy Contract.
The uplift applied under the Energy Contract will be (i) for gas Energy Contracts, 1.25 pence per KWh, and (ii) for electricity Energy Contracts, 1.5 pence per KWh. Utility Bidder will disclose its calculated fees using the current consumption levels on the “opt out” notification issued to the Customer prior to Utility Bidder entering into the applicable Energy Contract(s) on the Customer’s behalf.
Utility Bidder reserves the right to lower its applicable fees but will never exceed those fixed levels stated above for Energy Contract executed under the Smart Renew Services.
Further information or any queries or complaints relating to the commission Utility Bidder expects to receive on an Energy Contract can be found by contacting Utility Bidder’s Customer services team.
Customer warranties and obligations
The Customer warrants that it shall not, whilst there is a valid Letter of Authority in place pursuant to these terms and conditions:
- enter into Energy Contract(s) on its own behalf; or
- appoint any other agent(s) to undertake the renewal of its Energy Contract(s),
and acknowledges that doing so may lead to Duplicate Energy Contracts (which may have financial consequences).
The Customer acknowledges that (i) Utility Bidder shall not be liable for any losses, costs and/or expenses suffered or incurred by the Customer, and (ii) the Customer shall fully reimburse Utility Bidder for any losses, costs and/or expenses suffered or incurred by Utility Bidder, in connection with Duplicate Energy Contracts being entered into. The Customer shall inform Utility Bidder immediately in the event it becomes aware of any circumstance that gives rise to, or is likely to give rise to, a Duplicate Energy Contract being entered into.
The Customer warrants that it shall promptly (i) provide all information and cooperation reasonably requested by Utility Bidder, including informing Utility Bidder of all relevant information and updates to such information relating to its energy requirements and consumption; (ii) provide up to date contact details to Utility Bidder and notify Utility Bidder of any changes to such details without delay; (iii) notify Utility Bidder of any change to its premises, in any event with no less than 14 working days’ notice; and (iv) notify Utility Bidder without delay in the event it is reasonably likely that the Customer will suffer an insolvency event or otherwise cease to trade.
The Customer acknowledges that it is responsible for ensuring the continuity of its energy supply and ensuring that the Energy Contract(s) have been submitted to the energy supplier and that all associated requirements have been satisfied in order to ensure that the energy supply will commence/continue (usually represented by receiving/accepting communication from either the new or old supplier to confirm that the switch/ renewal is occurring).
Following entry into the Energy Contract, the Customer shall fully perform its obligations under its terms and shall fully reimburse Utility Bidder for any losses, costs and/or expenses suffered or incurred by Utility Bidder in the event the Customer fails to comply with the Energy Contract.
Each party shall comply with all applicable laws and regulations relating to its activities under these terms and conditions, including those relating to anti-bribery and corruption (including but not limited to the Bribery Act 2010).
Utility Bidder shall not be liable for any failure or delay in performing its obligations under these terms and conditions where it results from events, circumstances or causes beyond its reasonable control.
The Customer acknowledges that all intellectual property rights used or arising in connection with the Smart Renew Services are the property of Utility Bidder.
The Customer authorises Utility Bidder to use its intellectual property rights solely to the extent required to perform its obligations in providing the Smart Renew Services pursuant to these terms and conditions.
Other than those matters for which it would be unlawful to exclude or restrict liability:
- in no event shall Utility Bidder have any liability to the Customer (whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any (a) loss of profit, (b) loss of anticipated savings; (c) loss or damage to goodwill; (d) loss of agreements of contacts); (e) loss of use of data or information; (f) any loss arising out of the lawful termination of the RIFY Service or any decision not to renew its term; or (g) any indirect or consequential loss; and
- subject to the above, Utility Bidder’s total liability arising out of or in connection with the Smart Renew Services shall in no event exceed £5,000.
Termination of the Smart Renew Services shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of these terms and conditions which existed at or before the date of termination and including any financial reimbursement required pursuant to the Standard Terms. Following termination of the Smart Renew Services, Utility Bidder shall continue to be entitled to receive its commission pursuant to Energy Contract(s) entered into prior to such termination.
If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
These terms and conditions, together with the Standard Terms and the Letter(s) of Authority, constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
No variation of these terms and conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No one other than the Customer and Utility Bidder (and their successors and permitted assignees) shall have any right to enforce any of these terms.
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not: (i) waive that or any other right or remedy; or (ii) prevent or restrict the further exercise of that or any other right or remedy.
These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).