Terms and Conditions

Utility Deal Maker Limited, company registered number 15857321, whose registered office is 289 Blackpool Road, Preston, Lancashire, United Kingdom, PR1 6XD.

The customer of Utility Deal Maker is referred to as the Customer.

Definitions

• “Agreement”: the contractual relationship between the Utility Deal Maker and the Customer as set out in these terms and conditions and Letter of Authority.
• “Breach Fee”: payment due from the Customer to Utility Deal Maker in the event of a Customer Breach.
• “Commencement Date”: has the meaning given in clause 1.
• “Commission Payment”: the payment Utility Deal Maker is entitled to receive from the Supplier as a result of the Customer entering into the Contract.
• “Confidential Information”: means such information as one party may provide to the other as part of or about this Agreement.
• “COT”: a change of tenancy whereby once the supply of energy under the Contract has commenced the Customer permanently vacates the premises that the Contract relates to and if another party takes over the energy supply in whole or in part at those premises that party is not connected to or associated with the Customer (a party is connected to the Customer if it falls within the definition set out in sections 1122 and 1123 Corporation Tax Act 2010).
• “Customer Breach”: any act or omission of the Customer that represents a breach of the terms of this Agreement by the Customer.
• “Contract”: the contract entered into by the Customer (or by Utility Deal Maker on the Customer’s behalf) with the Supplier for the supply of energy and as part of the Services and any extensions to this Agreement.
• “Customer Obligations”: as set out in clause 2.
• “Data Protection Legislation”: all relevant data protection and privacy legislation in force from time to time in England and Wales a non-exhaustive list of which includes the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
• “Letter of Authority”: such letter(s) of authority being as the Customer may sign from time to time.
• “Services”: the services that Utility Deal Maker will provide to the Customer including presenting the Customer with details of a proposed supply contract(s) from one (or a number) of Suppliers from Utility Deal Maker. Utility Deal Maker's portfolio of suppliers for the Customer to choose to accept and as set out in the Letter(s) of Authority.
• “Supplier”: the supplier that the Customer enters into a Contract with.
• “Working Day”: Monday to Friday other than a public holiday in England.

1. Supply of Services

The Customer agrees that:

• (i) the Letter(s) of Authority constitutes a request by the Customer to purchase Services by these conditions. This Agreement shall come into existence (Commencement Date) when the Letter(s) of Authority signed by the Customer is received by Utility Deal Maker;
• (ii) the Customer agrees that in return for Utility Deal Maker receiving the Commission, Utility Deal Maker shall supply the Services to the Customer as per this Agreement; and
• (iii) Utility Deal Maker is not a price comparison service. Although Utility Deal Maker works with many suppliers of energy it does not have access to every such supplier.

Utility Deal Maker does not guarantee that it will arrange what a third party may claim is the cheapest supply available. Utility Deal Maker considers several factors when assessing which suppliers and which supply contracts are best suited to the Customer.

Utility Deal Maker will seek the option(s) that in its opinion is/are best suited to the Customer with the price of the supply being just one of the factors to consider.

2. Customer’s Obligations

The Customer’s attention is drawn to this clause: the Customer’s obligations under the Agreement

The Customer agrees:

• (i) to co-operate with Utility Deal Maker 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 all the provisions of the Agreement;
• (iii) to take up the supply of energy under the Contract and comply with all of its obligations under the Contract;
• (iv) to provide such information, data or documents as Utility Deal Maker may request from time to time;
• (v) to ensure that all information and documents provided to Utility Deal Maker is complete, up to date and accurate at all times;
• (vi) to provide such assistance as Utility Deal Maker may reasonably require from time to time to the Services;
• (vii) to immediately inform Utility Deal Maker in the event there is any change in the Customer’s circumstances which may affect the provision of the Services;
• (viii) to comply with the provisions of the Bribery Act 2010 and any other applicable legislation; and
• (ix) not to 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.

2.2 In the event of a COT the Customer must inform Utility Deal Maker in writing twenty-eight days before the COT occurring of the intended COT and provide with such written notice a letter from the Customer’s solicitor confirming that the vacation of the premises is a COT and provide sufficient evidence to enable Utility Deal Maker to satisfy itself as to the nature of the COT; 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.

3. Customer’s Breach of the Agreement: Suspension and Termination

The Customer’s attention is drawn to this clause: the consequences of the Customer breaching the Agreement

Without affecting any other right or remedy available to it, Utility Deal Maker may as it sees fit terminate or suspend the Agreement with immediate effect by giving written notice to the Customer if:

• (i) the Customer commits a material breach of any term of the Agreement and (if such a breach is remediable) fails to remedy that breach to Utility Deal Maker's 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 about a solvent restructuring), is subject to a winding up process (whether voluntarily or by order of the court, unless for a solvent restructuring), has a receiver appointed to any of its assets or ceases 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 Utility Deal Maker is relieved of all its obligations under the Agreement.

Further in the event of:

• termination (that may conclude suspension); or
• any breach of a Customer Obligation for whatever reason

the Customer will on receipt of demand pay to Utility Deal Maker the Breach Fee. The Breach Fee shall be a payment of whichever is higher either:

• (i) £150 (or the equivalent amount in any currency); or
• (ii) 10% of the Commission Payment.

4. Limitation of Liability

Utility Deal Maker’s total liability for any claim arising out of or related to this Agreement is limited to the Breach Fee.

Utility Deal Maker will not be liable for any loss of profit, loss of business or loss of goodwill (whether arising out of the breach of contract, tort (including negligence), misrepresentation or otherwise) or for any other indirect or consequential loss or damage suffered by the Customer arising out of or in connection with the provision of the Services.

Nothing in this Agreement excludes or limits Utility Deal Maker’s liability for fraud or for death or personal injury caused by its negligence.

5. Confidentiality

Each party agrees to keep confidential all Confidential Information of the other party which it receives in connection with the Agreement and to only use the Confidential Information for the purposes of performing its obligations under the Agreement.

The obligations of confidentiality do not apply to information which:

• (i) is or becomes publicly available (other than as a result of a breach of the Agreement);
• (ii) was already known to the receiving party before the date of disclosure; or
• (iii) is disclosed with the prior written consent of the disclosing party.

6. Data Protection

Each party shall comply with Data Protection Legislation in the performance of its obligations under the Agreement.

Utility Deal Maker shall process Customer data in accordance with the Data Protection Legislation and in accordance with its Privacy Policy.

7. General

The Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, understandings and negotiations between the parties in relation to its subject matter.

No amendment or variation of this Agreement shall be effective unless it is in writing and signed by the parties.

Any notice given under or in connection with this Agreement shall be in writing and shall be delivered personally or sent by pre-paid first class post or by email to the address of the relevant party as set out in the Agreement.

This Agreement and any disputes or claims arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of United kingdom.