Standard Service Terms & Conditions for Energy Consultancy Services
Introduction
These Standard Service Terms & Conditions (“Terms”) set out the basis on which Better Connections Ltd (“we”, “us” or “our”) will provide Energy Consultancy services (“Services”) to you (“you” or “your”). By engaging our Services, you agree to be bound by these Terms.
Scope of Services
We will provide Energy Consultancy services to you in accordance with the terms of any engagement letter or proposal that we agree with you. Our Services may include, but are not limited to, energy audits, energy management plans, renewable energy assessments, energy supply contract proposals and advice on energy efficiency measures. We will use our reasonable endeavours to provide the Services in a timely and professional manner, and in accordance with applicable laws and regulations.
Fees and Payment
The fees for our Services will be set out in the proposal/letter of consent or supply contract that we agree with you. The Service Provider will receive a commission directly from the energy supplier selected for the placement of energy supplies. For alternative works; unless otherwise agreed, fees will be charged on a time and materials basis, and will be invoiced monthly in arrears. All fees are exclusive of VAT and any other applicable taxes, which will be added at the prevailing rate. Payment of our fees is due within 20 days of the date of the invoice. We reserve the right to charge interest on any overdue payments on a daily basis at 3% above the Bank of England's base rate until payment is made in full.
As part of our letter of authority fees for our services that are applicable to be paid directly to Better Connections from the energy supplier will be broken down for your agreement as follows:
[We/I] acknowledge and agree that
- Better Connected will receive commission from [our/my] appointed energy supplier in consideration for introducing [our/my] energy supply contract(s);
- such commission shall be incorporated into the energy supply unit rates [we/I] agree with the energy supplier as a p per kWh price uplift and/or as a fixed price (£) uplift to the standing charge, for the duration of the energy supply contract;
- the applicable uplift for our energy supply contract(s) [is [£XX.XX] per kWh] or [£XX.XX [per month/quarter/annum]] for the duration of the energy supply contract]; and
- details of the applicable uplift(s), including how they are calculated, have been confirmed to [us/me] separately by Better Connected and are agreed by [us/me].
Intellectual Property
All intellectual property rights in any materials, reports or other deliverables that we produce as part of the Services will remain the property of Better Connections Ltd. We grant you a non-exclusive, non-transferable licence to use such materials, reports or other deliverables solely for your own internal business purposes.
Confidentiality
We will keep confidential all information and data that we receive from you in connection with the Services and will only disclose such information or data to third parties with your prior written consent, or where we are required to do so by law or regulation.
Limitation of Liability
Our liability to you in respect of any breach of these Terms, negligence or otherwise, shall be limited to the fees paid by you to us for the Services in question. We shall not be liable to you for any indirect, special or consequential loss or damage, including but not limited to loss of profits or business interruption. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
Termination
Either party may terminate our engagement on written notice to the other party. If you terminate our engagement, you will be liable for all fees and expenses incurred up to the date of termination. If we terminate our engagement, we will refund any fees paid by you for Services that have not been provided.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English law, and any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
Entire Agreement
These Terms constitute the entire agreement between you and Better Connections Ltd and supersede all prior agreements, understandings and representations, whether oral or written, relating to the Services. No amendment or variation to these Terms shall be effective unless it is in writing and signed by both parties.
Third Party Rights
Nothing in these Terms shall confer any rights on any person or entity other than you and Better Connections Ltd
By engaging our Services, you agree to be bound by these Standard Service Terms & Conditions.