Terms and Conditions
For the avoidance of doubt
Business Utility Services Ltd (BUS) are a 3rd party intermediary and as such have no direct intervention between yourselves or the suppliers, without expressed permission from yourself, an authorised representative and/or an agent representing their customers in written and/or verbally BUS cannot do anything with your supplies.
In the interest of impartiality and transparency
Impartiality – To achieve true impartiality the group have set the threshold that it maintains relations with a minimum of 90% of the total market available to any one service, they often help “new to market” energy suppliers to achieve their supplier license under a governed regulatory body.
Transparency – All businesses make introductory fees and/or residual incomes from their suppliers for the services they offer those who choose to work via them. BUS always aim to offer the best service available to reduce the time, demand and resource drain on its customers whilst achieving an overall saving across the services they provide.
**Not all promotions are available to both new and existing business customers of BUS**
Terms and Conditions – Business Utility Services Ltd – Services we can provide
Electric and Gas, Merchant Services – Chip and Pin, VT, E-Commerce, EPOS, Cash Advance and/or Lease/Loans, Telephone Lines PSTN, VOIP, PBX Solutions, Broadband, ADSL, Fibre and lease lines, Mobile Phones, Water, Renewable Technologies, Business Insurances, Business Waste Management, Business Rates Relief and residential energy switching.
The £500 Challenge - Card Machines ONLY
**To activate the £500 challenge, we can only accept liability if we can’t beat the % rates that are being paid to your current provider, across all types of cards. This does not cover your rental nor any additional charges that are applied to your account. To claim the £500, you must provide UKCardline with the last 6 months statements from your current provider, clearly showing what rental, you pay and the rates of each type of card and any other charges that may be applied on a regular monthly basis.**
BUYOUTS
From time to time, it is understood that as part of the sale Business Utility Services Ltd or one of its appointed agents may offer to cover the termination costs to your current merchant provider, in order to bring you over to their services in a faster timeframe, than you may have available.
Terms and Conditions – Telecoms products ONLY
From time to time, it is understood that as part of the sale Business Utility Services or one of its appointed agents may offer to cover the termination costs to your current supplier, in order to bring you over to their services in a faster timeframe than you may have available.
YOUR OBLIGATIONS TO US – ALL SERVICES
You agree to:
(a) provide such information, data or documents as we may request from time to time to.
(b) ensure that all information and documents provided to us is complete, up to date and accurate at all times.
(c) inform us without delay if there is any change in your circumstances which may affect the services we provide.
(d) not to enter any other contract (for any reason including due to a change in tenancy or change in occupancy) for the supply of energy for the period of the energy contract we arrange.
IF YOU BREACH YOUR OBLIGATIONS TO US
You may be liable to pay a fee to us. We may choose to terminate or suspend the services we provide, and you will pay to us a fee reflecting the amount of commission we would have received from the supplier but for your breach of your obligations.
CHANGE OF TENANCY/NEW METER CONNECTIONS/MOVING IN OR OUT – ALL UTILITIES!!!!
This is when you move in or out of a new site or simply have a new business due to increased turnover from sole trader to limited company etc. but is not exclusive to:
(a) provide such information, data or documents as we may request from time to time to.
(b) ensure that all information and documents provided to us is complete, up to date and accurate at all times.
(c) inform us without delay if there is any change in your circumstances which may affect the services we provide.
(d) not appoint, agree or sign any other paperwork or appoint any other 3rd parties to address the change of tenancy on your behalf.
(e) agree to ALL fees listed for Business Utility Services LTD to be paid to the company by the client, should the need arise.
The Do's and Don'ts of moving in or out of a commercial property in the UK
Sadly, the energy industry doesn’t seem to have any clear guidelines readily available, when it comes to the best practices of how to move yourself in or out of a commercial site in the UK. here at Business Utility Services, we pride ourselves at providing a heightened level of knowledge, being readily available on all our correspondence.
There is no immediate rush, you may get calls from brokers claiming that they have been given your details by the supplier to register your meter. (This is a lie; NO supplier provides such information to anyone. They pay someone offshore to gather the data from the internet, yes thats right, that post you did to shout loud and proud you have a new site, thats how they got you)
Moving Into a New Location
Step 1 – Take a photo of the meter readings the minute you have the keys, making sure all four corners of the meter itself are visible in the picture and it is a clear picture. (Some meters have more than one read, press the Orange/Blue/Red or whatever colour you have until you see a screen that says something like R1/H1, R2/H2, R3/H3……)
Step 2 – Provide these reads to the Landlord yourself, give them the photos. (This covers you in case the supplier has already been told and the wrong reads were given at that stage)
Step 3 – You need to locate who the supplier you have inherited is, any consultancy can do this with ease, and it may be faster for you to choose a consultant to work with at this stage.
Step 4 – Whilst sending in your proofs, it is also best practice to send them the photos you took.
Step 5 – Contact the supplier and ask them what their usual process is to start the change of tenancy, different suppliers have different routes. Most will accept information over the phone but will then want you to send proof in. (Proofs they will need – Copy of proof of purchase or lease, fully signed by all parties involved. (It will delay things if you send one that only has your signatures on it) and/or Business Rates bill and/or Insurance certificate) In some circumstances they may ask for more.
Step 6 – Waiting game, suppliers vary in time they take to complete the change of tenancy. Most, average anything between 30-60 days from the date they have ALL supporting evidence.
Can I set up a new contract, whilst waiting for the changeover to happen?
In short, yes. Whilst it is preferred by most that you wait until you have had written confirmation from the supplier you have done it with, you need to be aware that by doing so it may well create an out of contract priced usage cost. (All you can do is secure a new contract with your chosen supplier and tell them that you have done everything to have it in your name but not received confirmation of it being done, yet.
Moving Out of a Location
Follow Steps 1, 2 and then Step 3 – Contact your supplier and advise them of the date you moved out, asking for the best way to get the reads to them and asking them to provide written confirmation of the date they closed your account and to what reads. (They will also want to have the landlord or new incoming occupants’ details for the site)
FOR THE AVOIDANCE OF DOUBT
If you agree or action Business Utility Services Ltd or any of its subsidiaries to address the Change of Tenancy/New Connection or re-connection of meters or any other matter relating to gaining utility supplies to your site (Change of Occupancy/Name Change) then it will be done upon provision of – LOA (Letter of Authority), Lease with all parties involved, having signed it, evidence of the meter reads (Photos of either, single rate or all other rates shown on the meter). Once we have receipt of these items, we will endeavour to get your change of tenancy asap. (Industry guidelines are up to 60 days)
If you appoint/agree for Business Utility Services Ltd to do the Change of Tenancy/New Connection or re-connection of meters or any other matter relating to gaining utility supplies to your site and then DON’T go on to place the contracts for your supplies (Electric, Gas and/or Water) via Business Utility Services Ltd or any of its subsidiaries, this creates a loss to the company for the time to address it on your behalf and as such a fee will be incurred by the client/company that agreed/appointed Business Utility Services Ltd to act on their behalf.
The standard fee applied to addressing a Change of Tenancy/New Connection or re-connection of meters or any other matter relating to gaining utility supplies to your site and under these conditions is up to £750+vat as a one-off fee, payable by the party that nominated Business Utility Services Ltd to do the Change of Tenancy on their behalf. (Signing and providing the LOA to Business Utility Services Ltd or any of its subsidiaries, this will be taken as your agreement to the T&Cs)
BUSINESS UTILITY SERVICES LTD: terms and conditions
In these terms and conditions Business Utility Services Ltd company registered number 10428730 whose registered office is The Hive, Derby House, 12, Winckley Square, Preston, Lancashire, PR1 3JJ is referred to as BUS LTD.
The customer of BUS LTD is referred to as the Customer.
Definitions
“Agreement”: the contractual relationship between BUS LTD and the Customer as set out in these terms and conditions and Letter of Authority.
“Breach Fee”: payment due from the Customer to BUS LTD in the event of a Customer Breach.
“Commencement Date”: has the meaning given in clause 1.
“Commission Payment”: the payment BUS LTD 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 in relation to this Agreement.
“Contract”: the contract entered into by the Customer (or by BUS LTD 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 Breach”: any act or omission of the Customer that represents a breach of the terms of this Agreement by the Customer.
“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 letters of authority being as the Customer may sign from time to time.
“Services”: the services that BUS LTD will provide to the Customer include presenting the Customer with details of a proposed supply contract(s) from one (or a number) of Suppliers from BUS LTD’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 choses to enter 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 in accordance with these conditions. This Agreement shall come into existence (Commencement Date) when the Letter(s) of Authority signed by the Customer is received by BUS LTD;
(ii) in return for it requesting BUS LTD to provide the Services BUS LTD shall do so and shall supply the Services to the Customer as per this Agreement; and
(iii) BUS LTD is not a price comparison service. Although BUS LTD works with many suppliers of energy it does not have access to every such supplier.
BUS LTD does not guarantee that it will arrange what a third party may claim is the cheapest supply available. BUS LTD considers a number of factors when assessing which suppliers and which supply contracts are best suited to the Customer.
BUS LTD will seek the option(s) that in its opinion is/are best suited to the Customer with price of the supply being just one of the factors to consider.
2. CUSTOMER'S OBLIGATIONS
The Customer agrees:
(i) to co-operate with BUS LTD 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 this Agreement and any terms and conditions of the relevant Supplier relating to the Contract including for the avoidance of doubt the obligation to make all payments promptly to the Supplier under the Contract;
(iii) to provide such information, data or documents as BUS LTD may request from time to time;
(iv) to ensure that all information and documents provided to BUS LTD is complete, up to date and accurate at all times;
(v) to provide such assistance as BUS LTD may reasonably require from time to time in relation to the Services;
(vi) to immediately inform BUS LTD in the event there is any change in the Customer’s circumstances which may affect the provision of the Services and 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 Payment to BUS LTD; 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.
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 this agreement
Without affecting any other right or remedy available to it BUS LTD 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 BUS LTD’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 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 BUS LTD 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 pay to BUS LTD 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 BUS LTD) which BUS LTD would have received from the Supplier but is not received or will not be received due to the Customer Breach; or
(ii) a fixed amount of £750 per meter.
The Customer agrees that the Breach Fee, whether fixed or Commission Payment based, represents the reimbursement of loss suffered by BUS LTD resulting from the Customer Breach. It does not represent an unfair gain or windfall on the part of BUS LTD 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 the Commission Payment to BUS LTD.
4. CHANGE OF TENANCY
The Customer’s attention is drawn to this clause: the requirement to notify BUS LTD of a change of tenancy (as defined) and the consequences of failing to do so
Where a customer enters into a contract through BUS LTD 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.
BUS LTD’s fees are adjusted by a Supplier if a COT occurs. It is therefore important that BUS LTD receives from the Customer at least fourteen Working Days before the date of vacating the premises written confirmation of the change together with evidence of the COT satisfactory to BUS LTD, 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 BUS LTD to satisfy itself as to the nature of the COT.
Failure to so notify BUS LTD in the event of a COT will incur a fee for the loss/reduction in the commission the supplier pays to BUS LTD. In those circumstances BUS LTD reserves the right to charge the Customer a one off fee of £750 per meter or the total value of the Commission Payment BUS LTD would have received in relation to the Contract, whichever is the higher figure. In calculating the said fee BUS LTD will apply a discount percentage to reflect Commission Payment that has actually been received (subject to a minimum failed Contract fee of £750 per meter).
5. CONSUMPTION TOLERANCE
The Customer’s attention is drawn to this clause: in the event the Customer’s consumption of energy under the Contract falls below a certain level it will be liable to make a payment to BUS LTD
The Contract provides an estimate of the Customer’s consumption. BUS LTD’s Commission Payment is calculated by reference to such anticipated consumption.
In the event the actual consumption under a Contract as confirmed by the relevant Supplier is more than 20% less than the anticipated consumption as per the Contract over the term of the Contract the Customer shall on demand pay to BUS LTD an amount equal to the balance of the Commission Payment BUS LTD would have received had the consumption de-crease not exceeded a 20% decrease of the total anticipated consumption under the Contract.
6. LITIGATION COSTS
The Customer’s attention is drawn to this clause: should the Customer and BUS LTD become involved in court proceedings then the Customer shall reimburse BUS LTD’s legal costs and expenses
In the event of the Customer and BUS LTD becoming party to any court proceedings for whatever reason and howsoever commenced or caused the Customer shall reimburse BUS LTD on demand on an indemnity basis for all legal costs and expenses incurred by BUS LTD directly or indirectly in connection with those court proceedings.
7. CONSEQUENCES OF TERMINATION
Termination or expiry of the Agreement shall not affect:
(i) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry;
(ii) the liability of the Customer to BUS LTD in the event of a Customer Breach; and
(iii) in any event any liability of the Customer to make a payment to BUS LTD of this agreement.
8. COMMISSION PAYMENTS TO BUS LTD
The Customer’s attention is drawn to this clause: the commission payments that will be made to BUS LTD
The Customer agrees and acknowledges the Commission Payment will be due to be made to BUS LTD. The timing and amount of the Commission Payment varies from Supplier to Supplier. The Commission Payment is included within the price charged per unit of energy in the Contract. By way of example if the Commission Payment for the supply of energy was 0.5 per unit then the amount payable per unit under the Contract by the Customer would be (i) base price of the unit plus (ii) 0.5p per unit.
Therefore a supply of 40,000 units per year over a two year period would result in total commission payment of £400 for that two year supply.
Should at any time the Customer wish to be provided with more information as to the Commission Payment then it should contact BUS LTD
9. LIMITATION OF LIABILITY
The Customer’s attention is drawn to this clause: limits to the liability of BUS LTD to the Customer
The Customer acknowledges and agrees that by entering into the Contract the Customer contracts directly with the Supplier and not BUS LTD for the supply of energy. The Customer therefore further acknowledges that BUS LTD incurs no liability arising from or in connection with the Customer’s obligations and liabilities arising under the Contract.
The Agreement does not seek to avoid BUS LTD’s liability to the Customer where such liability arises from dishonesty on the part of BUS LTD or death or personal injury on the part of the Customer.
BUS LTD’s 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 BUS LTD.
The Customer acknowledges and agrees that BUS LTD, its representatives, agents and employees shall incur no liability to the Customer by virtue of the Agreement or in relation to it save where such liability is incapable of being excluded by law.
Subject to the above BUS LTD incurs no liability to the Customer that arises under or in connection with this Agreement 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 BUS LTD then it must notify BUS LTD 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 and must 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 BUS LTD shall have no liability to the Customer.
BUS LTD 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 termination of the Agreement.
10. DATA PROTECTION
BUS LTD 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 who are responsible for dealing with the Agreement.
The Customer agrees that BUS LTD may share such contact details with the Supplier, its agents and representatives.
Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation.
11. CONFIDENTIALITY
Neither party shall disclose to any third party any Confidential Information in respect of the other at any time acquired in connection with the Agreement and no reference is to be made to this Agreement by either party in any advertising publicity or promotional material without prior written consent of the other party.
12. NOTICES
Any notice given to a party under or in connection with the Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next Working Day delivery service at its registered office (if a company) or its principal place of business (in any other case) or by email (to such email address as the parties notify each other from time to time)
Any notice shall be deemed to have been received: (i) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; (ii) if sent by pre-paid first-class post or other next Working Day delivery service, at 9.00 am on the second Working Day after posting or at the time recorded by the delivery service; or
(iii) if sent by email the Working Day after the email was sent.
13. DISPUTE RESOLUTION
The parties will each use their reasonable efforts to negotiate in good faith and settle any major or material dispute that may arise out of or relate to the Agreement. The dispute shall be referred to representatives (internal or external) nominated by the Parties who will communicate in good faith in order to try and resolve the dispute.
If the parties fail to reach agreement in the structured negotiations within twenty one days either party may then refer any dispute to litigation.
14. GENERAL MATTERS
The Customer agrees that any payment it is due to make to BUS LTD under the Agreement or otherwise shall be paid within seven days of receiving demand for the same and that it enjoys no right of set off, defence, counter claim or other reason to withhold or delay payment.
VAT is due to be paid on any amount owed by the Customer to BUS LTD.
If any term or provision of the Agreement 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 the Agreement had been agreed with the invalid, illegal or unenforceable provisions eliminated.
The Agreement constitutes the entire agreement between the parties and supersedes any previous agreement or understanding. The Agreement may not be varied except in writing between the parties.
No failure or delay by either party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
The parties acknowledge and agree that the Agreement 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 this Agreement.
The Customer grants BUS LTD a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials and information provided by to the Customer to a Supplier in relation to a potential Contract.
BUS LTD will use its reasonable endeavours to deliver the Services in a timely manner but time shall not be of the essence for performance of the Services.
The Customer agrees that BUS LTD 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 BUS LTD’s reasonable control.
Unless it expressly states otherwise this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
This Agreement 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.