In these terms and conditions Energy Geeks Ltd company registered number 12951803 whose registered office is 133 Tame Road, Birmingham B6 7DG is referred to as Energy Geeks. The customer of Energy Geeks is referred to as the Customer
Updated 09/12/22
Energy Geeks joins Ombudsman Services as a member of The Energy Broker Alternative Dispute Resolution (ADR) Scheme
Agreement: the contractual relationship between Energy Geeks and the Customer as set out in these terms and conditions and Letter of Authority.
Breach Fee: payment due from the Customer to Energy Geeks in the event of a Customer Breach.
Commencement Date: has the meaning given in clause 1.
Commission Payment: the payment Energy Geeks 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.
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 you (or by us on your 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 letters of authority being as the Customer may sign from time to time.
Services: the services that we will provide to you including presenting you with details of a proposed supply contract(s) from one (or a number) of Suppliers from our portfolio of suppliers for you to choose to accept and as set out in the Letter(s) of Authority.
Supplier: the supplier that you chose 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 Energy Geeks;
(ii) in return for it requesting Energy Geeks to provide the Services Energy Geeks shall do so and shall supply the Services to the Customer as per this Agreement; and
(iii) Energy Geeks is not a price comparison service. Although Energy Geeks works with many suppliers of energy it does not have access to every such supplier. Energy Geeks does not guarantee that it will arrange what a third party may claim is the cheapest supply available. Energy Geeks considers a number of factors when assessing which suppliers and which supply contracts are best suited to the Customer. Energy Geeks 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.
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2. CUSTOMER’S OBLIGATIONS
The Customer agrees:
(i) to co-operate with Energy Geeks 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 Energy Geeks may request from time to time;
(vi) to ensure that all information and documents provided to Energy Geeks is complete, up to date and accurate at all times;
(v) to provide such assistance as Energy Geeks may reasonably require from time to time in relation to the Services
(vi) to immediately inform Energy Geeks 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; and
(viii) 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 Energy Geeks 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 Energy Geeks’ 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 Energy Geeks 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 Energy Geeks 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 Energy Geeks) which Energy Geeks 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. VAT is due to be paid on a Breach Fee. The Customer agrees that the Breach Fee is due to 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.
The Customer agrees that the Breach Fee, whether fixed or Commission based, represents the reimbursement of loss suffered by Energy Geeks resulting from the Customer Breach. It does not represent an unfair gain or windfall on the part of Energy Geeks 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 Energy Geeks.
4. CHANGE OF TENANCY
The Customer’s attention is drawn to this clause: the requirement to notify Energy Geeks of a change of tenancy in the event of a change of tenancy (as defined) and the consequences of failing to do so where a Customer enters into a contract through Energy Geeks but 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 ten-ancy” or “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.Energy Geeks’ fees are adjusted by a Supplier if a COT occurs. It is therefore im-portant that Energy Geeks 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 Energy Geeks, this may include (a non ex-haustive list by way of example only) a land sale contract/TR1,assignment of a lease or surrender certified by the Customer’s solicitor.The written notice from the Customer must include a letter from the Customer’s solicitor confirming the vacation of the premises is a COT as set out above and provide sufficient detail to enable Energy Geeks to satisfy itself as to the nature of the COT.Failure to so notify Energy Geeks in the event of a COT will incur a fee for the loss/re-duction in commission the supplier pays Energy Geeks. In those circumstances Energy Geeks reserves the right to charge the Customer a one off fee of £750 per meter or the total value of Commission Payment Energy Geeks would have received in relation to the Contract per meter, whichever is the higher figure. In calculating the said fee En-ergy Geeks 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. 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; and
(ii) the liability of the Customer to Energy Geeks in the event of a Customer Breach.
6. COMMISION PAYMENTS TO ENERGY GEEKS
The customer's attention is drawn to this clause: the commission payments that would be made to Energy geeks
The Customer agrees and acknowledges the Commission Payment will be due to be made to Energy Geeks. 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 Energy Geeks
Contact Information:
Phone: 01218271637
Email: customercare@energygeeks.co.uk
Address: Energy Geeks, 11 Brindley Place, Birmingham B1 2LP