Terms & Conditions

Terms and Conditions

January 2026 – June 2026 Utility Bidder

The following document sets out the terms and conditions of service for Utility Bidder Limited. We have set out below the principal terms which come into effect once a customer uses the Utility Bidder switching service.

If you have any further questions about these terms and conditions, or anything else, please contact our Customer Services team who will be more than happy to help you further. Our Customer Services team can be contacted on 0800 007 4001.

These terms and conditions govern the use of the services Utility Bidder provides to customers. It is important that you read these terms and conditions carefully before accepting these terms and conditions. By using the Utility Bidder service/s you signify that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these terms – DO NOT use our service.

 

Price Comparison / Switching Service
Utility Bidder provides a price comparison / switching service to UK businesses. To be eligible to use this service you must be;

1. A business that is resident in the UK;
2. Eighteen years or older (if a sole trader);
3. Meet the credit scoring requirements of any supplier (if applicable).

We reserve the right to refuse to provide our services to any customer at our discretion.

If the customer agrees to use our services, Utility Bidder will use its reasonable endeavors to identify, negotiate and secure competitive energy prices. Energy prices are obtained from a panel of energy suppliers using price books provided by suppliers.

The customer agrees to provide Utility Bidder with accurate information to allow accurate quotations to be obtained – including estimated or actual usage of energy, contract end dates and other known factors that may influence prices and quotations.

The provision of a quotation by a supplier via Utility Bidder does not constitute an offer to the customer and offers will each have their own supplier’s terms and obligations attached. If the customer accepts a quotation and a contract is executed between the customer and the supplier, the contract is binding, and the customer will not be permitted to revoke such an acceptance. The supplier shall be entitled at any time to refuse to accept a customer’s offer of acceptance at their discretion.

If the customer and supplier wish to enter into a contract, Utility Bidder will provide a switching service (or renewal service) which will include organising the contract between the customer and the energy supplier for the purchase and supply of the energy services.

Delays and advice provided by Utility Bidder
Utility Bidder will not be responsible for any delays or failures caused by either the customer, Utility Bidder, the proposed supplier or any existing supplier in relation to effecting either a transfer of supply or renewal of supply. Utility Bidder makes no guarantees as to either the quality of the service suppliers operates, or the prices obtained at quotation.

Energy prices fluctuate on a daily basis and, whilst we attempt to help secure competitive rates to enable switching or renewal, we cannot guarantee any quote is the cheapest due to market movement.

Utility Bidder will provide advice on prices, suppliers and contract lengths based on our own market analysis and by considering supplier and other third-party data and insights. The customer agrees not to hold Utility Bidder liable in any way for any changes in market conditions or for the accuracy of any advice provided. The customer agrees that our advice is in no way underwritten and that energy prices can go up and go down.

The customer is reminded that ultimately it is their responsibility to validate the accuracy of any quotations presented, and it is the customers decision on what supplier, contract length and product type to select It is also the customer’s responsibility to ensure that the contract(s) have been submitted to the supplier/s and will go live. This is usually represented by receiving/accepting communication from either the new or old supplier to confirm that the switch/ renewal is occurring.

The customer acknowledges that they are entering into a contract with a supplier for the provision of energy supply and not with Utility Bidder. The customer agrees that Utility Bidder is not liable in any way for any dealings, contracts or transactions between the customer and the supplier and that any such transactions, contracts, dealings or payment obligations are the customers responsibility and risk.

The customer agrees by using the service that Utility Bidder is an independent energy brokerage, and that Utility Bidder is not instructed by the customer to act as their agent or representative.

The customer agrees that Utility Bidder are not responsible for the provision of any supplier services.

Charges
Utility Bidder is remunerated directly by the suppliers and receives a commission for securing and finalising the contract between the customer and the energy supplier. This is usually by way of an uplift that is applied within your unit cost for energy. The cost of Utility Bidder’s service is therefore included within the cost of the energy contract that you agree with the supplier.

By way of example, we may secure a price for electricity at 26 pence per KWH and apply a 0.9p uplift. The contracted price we would offer would therefore be 26.9p. Our commission would be calculated as 0.9p multiplied by your annual energy consumption and multiplied by the contract term. Our uplifts depend on the size of contract, length and other factors such as credit risks. Our average uplift is a few percent of your total energy cost and typically around 1p. We benchmark our average uplift against our competitors. Because we get paid by suppliers, we only offer prices from those suppliers on our panel. Our panel currently consists of over 90% of the UK business energy suppliers (by customer numbers) so we have a very wide range to price from.

Further information on how much commission we expect to receive or have received on a contract can be found by contacting our Customer Services team.

Duplicate contract fees
Where the customer enters into a contract with a supplier and uses the Utility Bidder service, this contract must be accepted as legally binding. In the event the customer enters into another contract with the same supplier or with another supplier, and the contract facilitated by Utility Bidder fails to proceed to live status, Utility Bidder will receive no fee for its services from a supplier and will have incurred time and loss

In those circumstances, Utility Bidder reserves the right to charge the customer a one off “failed contract” fee of £750 per meter plus VAT, or the total value of commission we would have earnt on the contract introduction (per meter) – whichever is the higher figure. This is in addition to any charges the supplier may also attempt to recover for the failed contract. It is important that once you have entered into a contract with a supplier that you honor that contract and do not enter into duplicate contracts with other suppliers.

A “Win Back” is where we introduce you back to your incumbent supplier (renew) after beating another price from another supplier you have agreed to move too. By winning back the contract you are effectively cancelling the contract you have agreed to leave your incumbent supplier and renew again with them.

Change of Tenancy Notifications and Fees
Where a customer enters into an energy contract through Utility Bidder but decides to move premises mid-contract the contract will terminate. This is called a “change of tenancy” or “COT”. Utility Bidders fees are adjusted by supplier if a COT occurs. Its therefore important that you notify Utility Bidder at least 14 days before the end of your energy contract in the event that you are moving premises, and a COT will occur. COT reasons include, but are not limited to, closure of the business, change of business owner, change of business name, debt, meter removal, paid to leave contract and novation.

Failure to notify Utility Bidder will incur a fee for the loss / reduction in commission the supplier pays us. In those circumstances, Utility Bidder reserves the right to charge the customer a one off “failed contract” fee of £750 per meter plus VAT, or the total value of commission we would have earnt on the contract introduction (per meter) – whichever is the higher figure. Utility Bidder will discount the % of the contract that’s been fulfilled from the failed contract fee.

Failure to go live
If a contract fails to go live (commence supply) due to the customer failing to provide us with information or documentation requested by either us or the supplier, or through a failure of a supplier / supplier refusing to accept supply, Utility Bidder reserves the right to charge the customer a one-off fee of £750 per meter plus VAT. Critical information required, but not limited too includes – signed letters of authority, current supplier information, meter numbers, contract start or end dates, termination notifications, supplier ceasing to trade / onboard contracts and banking details including setting up direct debits or standing orders with a new supplier.

Failure of a supplier
If your current supplier fails, and you enter a supplier of last resort (SOLR), Utility Bidders fees may not be paid by the supplier that fails. In those circumstances we will charge a fee of £750 per meter plus VAT (if our fees are not already paid by more than 80%) to cover our lost fees incurred. We may at our discretion agree to waive those fees if the customer instructs Utility Bidder to introduce another supplier to take over their SOLR contract.

Auto Renew
If you have provided us with delegated authority (DA) to renew your energy contract on your behalf, our Auto Renewal terms and conditions also apply and are binding.

Terms and Conditions

June 2026 Onwards – Business Essentials Services Terms and Conditions of Service

TERMS & CONDITIONS FOR THE PROVISION OF SERVICES RELATED TO BUSINESS ENERGY

21/05/2026

Business Essential Services Limited trading as Utility Bidder. Registered in England & Wales Registered No: 05949018

Registered company address: 5th Floor, 9 Appold Street, London, EC2A 2AP.

Phone number: 01858452584

In this document you will find the detailed terms and conditions of service for Business Essential Services Limited trading as Utility Bidder.

For your benefit and ease of use, we have highlighted the following conditions to explain how we will put things right if we have done something wrong, the circumstances in which you may be charged directly, and how we as a business earn our money.

1.

The circumstances under which Utility Bidder will compensate the Customer for any loss occurring as a result of an act or omission made by Utility Bidder in carrying out the Services are set out at Clause 9.4.

2.

There is no fee due from the Customer directly to Utility Bidder for its Switching Service (or any other Service), except when the Customer subsequently decides not to continue with the transfer to the new energy Supplier after having agreed upon a Supply Contract, in which case Utility Bidder may charge an administration fee. See Clause 4.18 for more information.

3.

Utility Bidder makes its money through receiving commission from the energy Supplier we switch you to, or your Existing Supplier if we renew your existing contract for you. Utility Bidder receives its commission directly from the Supplier based on the estimated consumption for the term of that contract and the commission agreement in place between Utility Bidder and the Supplier.

This commission is included in the prices we arrange for you with the Supplier, there are no extra payments that you have to pay directly to us.

Some Suppliers may make additional payments to us based on the size and/or profitability of our account with them, or new initiatives; for instance if we place more than one of your meters, or arrange a certain volume of Supply Contracts and/or repeat Supply Contracts with a Supplier, they may pay us more commission than for a single switch.

Additionally, we may continue to receive commission with the Supplier we place you with after your Supply Contract has ended, but you haven’t renewed your Supply Contract or switched elsewhere.

We are happy to share with you how much commission we are entitled to receive related to any Supply Contracts we arrange on your behalf, and you can request this at any time by contacting us at commissions@utilitybidder.co.uk

See clauses 5.2 and 5.3 for more information.

4.

Utility Bidder will arrange the energy Supply Contract based on the information provided by the Customer to Utility Bidder. Prior to completion of the Supply Contract, the Customer’s information will be confirmed by Utility Bidder 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’s information is true, accurate, complete, reliable and current in all respects and to inform Utility Bidder promptly if there are any errors and/or if any amendments are required. If any of the Customer’s information needs to be amended or rectified, this may result in the transfer being delayed or rejected by the Supplier.

See clause 4.16 for more information.

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.

Utility Bidder’s customer support hub can be found at www.utilitybidder.co.uk/contact-us/ which is the quickest way to get answers to any queries you might have – with members of our team on hand to help if you can’t find the answer you’re looking for. Alternatively, you can reach the Customer Service team on 0185 845 2581

TERMS AND CONDITIONS OF SERVICE

These terms and conditions govern the use by the Customer of any of the Services that Utility Bidder agrees to provide to the Customer from time to time, whether via the Site, the Call Centre or otherwise. Please read these carefully before accepting them and using the Services. By using the Services you signify that you have read, understand and agree to be bound by these terms and conditions as well as the terms and conditions set out in our Privacy Policy – https://www.utilitybidder.co.uk/privacy-policy/ . If you do not agree to these terms and conditions and the Privacy Policy, please do not use the Services.

1.

DEFINITIONS

The following definitions apply to these Terms and Conditions of Service (the “Terms”):

Utility Bidder: means Business Essential Services Limited, which is a company registered in England and Wales under company number 05949018 and which has its registered and trading office at 5th Floor, 9 Appold Street, London, EC2A 2AP trading as Utility Bidder

Contract Cancellation Administration Fee: has the meaning set out in clause 4.18.

Call Centre: means the call centre operated by Utility Bidder for the purposes of providing the Services.

Contract Checking Service: means the contract checking service that Utility Bidder agrees to provide to the Customer whereby Utility Bidder obtains, on the Customer’s behalf, information about the Customer’s existing contractual position with the Customer’s Existing Supplier.

Credit Score Criteria: means the credit rating requirements as may be determined and required by Utility Bidder 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 Utility Bidder 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 the letter that the Customer signs authorising Utility Bidder to act on its behalf, to contact and liaise with the Customer’s Existing Supplier, as may be required in the course of Utility Bidder providing the Services.

Price Comparison Service: means the price comparison service that Utility Bidder agrees to provide to the Customer whereby the Customer is provided with impartial information on Suppliers’ prices in relation to the services and products offered by the Suppliers.

Quotation: means a quotation provided to the Customer by Utility Bidder on behalf a Supplier which sets out the terms and prices upon which a Supplier may be prepared to supply the Supplier Services to the Customer.

Services: the services provided by Utility Bidder whether via the Site, the Call Centre or otherwise, to which the Customer chooses to subscribe from time to time, which shall include the Price Comparison Service the Switching Service and the Contract Checking Service.

Site: means the website www.utilitybidder.co.uk

Supplier: means any third-party energy/utilities supplier of services and/or products as may be selected by Utility Bidder 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 Contract: 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.

Switching Service: means the switching service that Utility Bidder agrees to provide to the Customer whereby Utility Bidder 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; in each case if the Customer has accepted a Supplier’s Quotation presented to it as part of the Price Comparison Service.

2.

Application of Terms

2.1 Subject to clause 2.2 below, these Terms shall apply to the provision of any Service by Utility Bidder to the 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 Utility Bidder or a Utility Bidder authorised representative.

2.2 From time to time Utility Bidder may supplement these Terms with additional terms relevant to the provision of our Services These additional terms may be placed on the Site and/or sent to you and you agree that any such additional terms are hereby incorporated into these Terms.

3.

Subscribing to the Services

3.1 In order to use any of the Services, the Customer will need to register with Utility Bidder via the Call Centre or the Site. Utility Bidder may, in its 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:

1. a) be a business that is resident in the UK;
2. b) be aged eighteen years or over (if a sole trader);
3. c) meet any Credit Score Criteria required by Utility Bidder and/or any Supplier; and
4. d) be able to provide Utility Bidder with all such relevant information as Utility Bidder may require in order to provide the Services to the Customer.

4.

Provision of Services

Price Comparison Service

4.1 If the Customer opts for and Utility Bidder agrees to provide the Price Comparison Service, Utility Bidder will use its reasonable endeavours to provide the Customer with any relevant Quotations obtained by the Suppliers for consideration by the Customer. Utility Bidder reserves the right to revise, amend or withdraw any Quotation at any time upon informing the Customer.

4.2 The provision of any Quotation by a Supplier via Utility Bidder does not constitute an offer to the Customer and the terms of a Quotation and duration for which any Quotation will be valid will vary depending on the Supplier. The Customer’s acceptance of a Quotation constitutes a non-revocable offer by the Customer to engage the Supplier to provide the Supplier Services and once such an offer has been made by the Customer, the Customer shall be committed to such offer and shall not be entitled to revoke the offer.

4.3 All offers made by Customers shall be subject at all times to the Supplier’s acceptance and the Supplier shall be entitled at any time to refuse to accept a Customer’s offer for any reason at the Supplier’s sole discretion. No offer placed by the Customer shall be accepted by the Supplier other than: (a) by a written acknowledgement issued and executed by the Supplier; or (b) (if earlier) by the Supplier starting to provide any of the Services.

Switching Service

4.15 If the Customer makes an offer based on a Quotation and if the Supplier accepts the Customer’s offer, Utility Bidder will provide the Switching Service which will include arranging the contract between the Supplier and the Customer (the “Contract”) for the supply and purchase of the Supplier Services. Utility Bidder shall not be responsible for any delay or failure caused by any Supplier or Existing Supplier in relation to effecting any transfer.

4.16 Utility Bidder will arrange the Supply Contract based on the information provided by the Customer to Utility Bidder. Prior to completion of the Supply Contract, the Customer’s information will be confirmed by Utility Bidder 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 Utility Bidder 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.

4.17 Once the Supply Contract is in final form, Utility Bidder will send the Supply Contract to the Customer. The Customer must check that all the details are correct and must inform Utility Bidder of any errors and/or amendments within 24 hours of receipt.

4.18 If a Customer subsequently decides to not proceed with providing its custom to the Supplier in respect of which Utility Bidder has performed the Price Comparison Service and the Switching Service, Utility Bidder shall be entitled to charge the Customer an administration fee of £150 plus VAT (the “Contract Cancellation Administration Fee”).

4.19 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 Utility Bidder so as to enable Utility Bidder to perform the Price Comparison Service again on behalf of the Customer. Utility Bidder shall also be entitled, but not obliged to, contact the Customer for the same purpose.

4.20 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 Utility Bidder. The Customer agrees that Utility Bidder 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.

Contract Checking Service

4.21 If the Customer opts for and Utility Bidder agrees to provide the Contract Checking Service, the Customer will be required to sign a Letter of Authority authorising Utility Bidder to contact and liaise directly with the Customer’s Existing Supplier and the Customer agrees to promptly provide to Utility Bidder all such information and assistance as Utility Bidder may require in order to carry out the Contract Checking Service.

4.22 Upon receipt of a signed Letter of Authority Utility Bidder will send to the Customer’s Existing Supplier a questionnaire requesting details of the key terms of the Customer’s arrangements with the Existing Supplier, including the contract end date, notice period, termination process, current prices and details of the Customer’s energy consumption.

4.23 Once Utility Bidder has received a response to the questionnaire from the Existing Supplier, Utility Bidder will use its reasonable endeavours to forward such response to the Customer. However, Utility Bidder shall not be responsible for any delay or failure by the Existing Supplier to respond to the questionnaire and/or to cooperate with Utility Bidder in relation to any request Utility Bidder may make whilst performing the Contract Checking Service.

4.24 For the avoidance of doubt, Utility Bidder shall not be responsible for the provision of any Supplier Services.

5.

Charges

5.1 Save in respect of clause 4.18 above, there is no fee due from a Customer to Utility Bidder for providing the Services. However, Utility Bidder reserves the right to be entitled to charge for any of the Services and/or impose charges at any time in its sole discretion, upon reasonable notification to the Customer. If the Customer does not agree to such charges, the Customer shall be entitled to opt out of receiving the Services to which it had subscribed.

5.2 Utility Bidder is remunerated by commission from the Supplier as a result of Utility Bidder securing and finalising the Supply Contract between the Customer and the Supplier. This commission is included in the rates Utility Bidder arranges for the Customer and is based on the estimated consumption for the term of the Supply Contract. There are no extra payments that the Customer has to pay directly to Utility Bidder.

Some Suppliers may make additional payments to Utility Bidder based on the size and/or profitability of its account with that Supplier or new initiatives; for instance if Utility Bidder places more than one meter for a Customer, or arranges a certain volume of contracts and/or repeat contracts with a Supplier, that Supplier may pay Utility Bidder more commission than for a single switch.

Additionally, Utility Bidder may continue to receive commission from the Supplier Utility Bidder places a Customer with after their contract has ended, but the Customer has not renewed their contract or switched elsewhere.

5.3 The Customer can request the amount of commission that Utility Bidder has received as a result of arranging the Supply Contract, by emailing their Utility Bidder Customer ID to commissions@utilitybidder.co.uk.

5.4 Any Administration Fee payable under clause 4.18 above shall be payable to Utility Bidder by no later than 30 days from the date of the invoice for the same.

5.5 Without prejudice to Utility Bidder’s other rights and remedies, if the Customer fails to pay when due any amount payable by it under or in connection with these Terms, it shall forthwith on demand by Utility Bidder pay interest on the overdue amount from the due date until the date of actual payment (after as well as before judgment) at the rate of 8 per cent per annum or such percentage equivalent to the statutory rate of interest prescribed for judgments from time to time in place. In the alternative and where appropriate, Utility Bidder reserves the right to claim interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

Complaints

If a Customer is dissatisfied with the Services provided by Utility Bidder, they can make a complaint by contacting the Utility Bidder customer service team on 0185 845 2581 Our full complaints procedure is available on our Site at https://www.utilitybidder.co.uk/complaints-procedure/.

6.

Customer’s obligations

6.1 In addition to the Customer’s other obligations set out in these Terms, the Customer warrants, represents and undertakes:

1. 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 Utility Bidder may require from time to time and that all such Customer information will be true, accurate, complete, reliable and current in all respects;
2. 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;
3. c) that any password, user details and/or account number allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer at all times. Utility Bidder will be entitled to assume that any person using the Customer’s password, user details and/or account number is the Customer or someone doing so with the Customer’s permission. The Customer shall be responsible and liable for any actions of any person using the Customer’s password, user details and/or account number and shall immediately notify Utility Bidder of any unauthorised use of the same.

7.

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 Utility Bidder and/or its licensors and any use or attempted use of any of the same shall constitute an infringement of Utility Bidder’s (and/or its licensors’) Intellectual Property Rights and may expose the Customer to both civil and criminal liability.

8.

Termination

8.1 Without prejudice to the foregoing and any other rights and remedies that Utility Bidder may have, Utility Bidder 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 Utility Bidder to the Customer specifying such breach; or (b) Utility Bidder suspects on reasonable grounds that the Customer may have committed or attempted to have committed any fraud against Utility Bidder and/or any Supplier.

8.2 The Customer hereby agrees to indemnify, keep indemnified, defend and hold Utility Bidder 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.

9.

Limitation on Liability

9.1 Utility Bidder will exercise all reasonable skill and care in providing the Services. However, the performance of the Services by Utility Bidder may be dependent upon third parties (including, without limitation, Suppliers and Existing Suppliers) and Utility Bidder 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 Utility Bidder.

9.2 Utility Bidder shall use its reasonable endeavours to ensure that all pricing information provided by Utility Bidder 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, Utility Bidder 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 Utility Bidder to the Customer.

9.3 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 Utility Bidder disclaims all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).

9.4 Subject to the foregoing,

Utility Bidder’s total liability for all losses of whatever nature suffered by the Customer as a result of such mistake, act or omission is strictly limited to the lesser of: (i) the amount that the Customer would have saved but for Utility Bidder’s mistake, act or omission; or (ii) the commission fee earned by Utility Bidder from the Supplier as a result of Utility Bidder securing and finalising the Contract between the Supplier and the Customer, which can be found by emailing the customer ID to commissions@utilitybidder.co.uk

9. c) Subject to clause 9.5, the Customer acknowledges and agrees that Utility Bidder shall not be liable for:

(a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the Customer’s claim;

(b) any loss of profit or savings;

(c) loss or corruption of data or information;

(d) loss of contracts, business or opportunity;

(e) damage to goodwill or reputation(s); in each case whether direct or indirect and in each case whether based in contract, tort (including without limitation negligence), strict liability, or otherwise, arising out of or in connection with these Terms, the Services, the Site and/or any use thereof, in each case even if Utility Bidder has been forewarned or is aware of the possibility of such loss or damage.

9.5 Utility Bidder does not exclude or limit its liability (if any) in any way:

1. a) for death or personal injury caused by Utility Bidder’s negligence;
2. b) for fraud or fraudulent misrepresentation; or
3. c) for any matter from which it is unlawful to exclude, or attempt to exclude, Utility Bidder’s liability.

10.

Data protection

We will handle any personal data you provide to us in accordance with applicable data protection laws, including the UK GDPR and the Data Protection Act 2018. We will use your personal data to provide our Services to you, manage your account, and carry out any activities necessary as a broker. Further details about how we collect, use, store and share personal data, and your rights in relation to it, are set out in our Privacy Policy, which forms part of these terms and conditions and is available on our Site at https://www.utilitybidder.co.uk/privacy-policy/

11.

Force majeure

Utility Bidder 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 Utility Bidder’s reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Utility Bidder 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 Utility Bidder shall be entitled to a reasonable extension of the time for performing such obligations in the event of any such occurrence.

12.

No Waiver

Any failure or delay by Utility Bidder 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 Utility Bidder acknowledges and agrees to such a waiver in writing.

13.

Severability

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.

14.

Third Party Rights

Except as expressly provided in clause 8.2, 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 8.2.

15.

Transfer of rights and obligations

15.1 These Terms are binding on the Customer and Utility Bidder and on each parties’ respective successors and assigns.

15.2 The Customer may not transfer, assign, charge or otherwise dispose of these Terms, or any of its rights or obligations arising under them, without Utility Bidder’s prior written consent.

15.3 Utility Bidder 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.

16.

Entire Agreement

The warranties, exclusions and other express provisions of these Terms, the Privacy Policy and the Terms of Use set out the full extent of our obligations and liabilities concerning the subject matter and supersede any previous agreements between the parties relating thereto.

17.

Governing Law and Jurisdiction

These terms and conditions and any dispute or claim (including non‑contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.