The Simply Business Energy Terms and Conditions
1.1 By accessing any part of the Website or using the Service, you shall be deemed to have accepted the Terms in full which shall take effect immediately on your first use of the Website or Service. If you do not accept the Terms in full, you must leave the Website immediately.
1.2 The Company reserves the right to revise or supplement the Terms with terms which are relevant to the provision of the Website or Service at any time by updating www.simplybusinessenergy.co.uk/. You agree that any such revised or supplemented terms are hereby incorporated into these Terms. You should check the Website from time to time to review published Terms.
1.3 Any amendments, modifications, enhancements or changes to the Service made available by the Company from time to time shall be subject to these Terms.
2. RIGHTS GRANTED
2.1 You are permitted to use the Website and Service for the purpose of managing your own electricity and gas requirements.
2.2 If you provide or otherwise make available the Website or Service in whole or in part in any form to any person including your employees, (“Invitees”) you undertake to ensure that all Invitees comply with these Terms.
2.3 Subject to the provisions of clause 2.4, all copyright and other intellectual property rights in the Service and material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. Any use of extracts from the Website for any purpose is prohibited.
2.4 No part of the Website or Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.5 Any rights not expressly granted in these Terms are reserved.
3.1 Service Access
3.1,1 Whilst the Company endeavours to ensure that the Website and Service is normally available during normal business hours, the Company shall not be liable if for any reason the Website or Service is unavailable at any time or for any period.
3.1.2 Access to the Website and the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
3.2 Use of Service
Supplier means a company licenced by OFGEM to supply gas and/or electricity to consumers in the UK.
Contract Offer means the prices and associated contract terms including but not limited to credit terms, payment terms, variation in prices, termination terms, of a Supplier displayed on the Website.
Suppliers Services means the actions required to enable registration of the customer site to a Supplier, including but not limited to credit checking and the supply of electricity or gas to the customers site.
3.2.1 The Company, at their sole discretion, can refuse to provide the Service to any business and can suspend access to the Website via IP restrictions at any time.
3.2.2 In order to proceed with any contract provided by the Service, you must: (a) be a business that is resident in the UK; (b) be aged eighteen years or over (if a sole trader); (c) meet any Credit Score Criteria required by the chosen Supplier; and (d) be able to provide the Company with all such relevant information required to fulfil the Service
3.3.3 A Contract Offer is formed from the information you provide. It is your responsibility to ensure that all this information is accurate. If any of your information needs to be amended or rectified, this may result in the transfer being delayed or rejected by the Supplier.
3.3.4 You understand that by accepting a Contract Offer with a Supplier, you will be contracting directly with the Supplier and not with the Company. The Company is not liable in any way in relation to any transactions, dealings or arrangements of any kind made between you and any Supplier.
4. ACCEPTABLE CONDUCT
4.1 You are prohibited from posting or transmitting to or from the Website and/or the Service any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences, consents and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.2 You may not use the Website or the Service:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way; or
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
4.3 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.1, or 4.2.
5.1 Where a customer sets up an account for the purpose of the renewal service, or in connection with the Service, “Registered Account “the use of the Registered Account is for either a single legal entity (e.g. a company or a partnership) or an individual user. The Company does not permit you to share your Registered Account user name and password with any other person nor with multiple users on a network.
5.2 Responsibility for the security of any Registered Account usernames and passwords issued rests with you.
6.1 While the Company endeavours to ensure that the information provided on the Website and the information provided in connection with the Service is correct, the Company does not warrant the accuracy and completeness of such material. The Company may make changes to the material on the Website or to the Service, or to the products and prices described on the Website, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
6.2 The material on the Website and the Service is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with access to the Website and the Service on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website or the Service.
6.3 The Company does not accept responsibility for any failure or delay or in any respect guarantee the performance of any third party involved in the provision of the Website or Service.
7.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website or Service), and any of the Company's officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website or Service in any way or in connection with the use, inability to use or the results of use of the Website or Service, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or Service or your downloading of any material from the Website, the Service or any websites linked to the Website or Service.
7.2 Nothing in this legal notice shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
7.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
7.4 Subject to clauses 7.1 and 7.2, the Company maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to the value of the commission fee earned by the Company from any third party arising from the provision of the Service.
Without prejudice to the foregoing and any other rights and remedies that We may have, the Company shall be entitled to terminate or suspend the Service immediately upon providing notice as described in Clause 11.
10. TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 These Terms are binding on you and us, and on our respective successors and assigns.
10.2 You may not transfer, assign, charge or otherwise dispose of these Terms or any of your rights or obligations arising hereunder, without our prior written consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising hereunder, at any time.
11.1 All notices given by you to us must be given to Simply Business Energy Limited at email@example.com or. 7 -11 Lowesmoor, Worcester, WR1 2RS, UNITED KINGDOM. We may give notice to you at either the e-mail or postal address you provided to us when registering. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
13.1 If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these Terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14.1 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. ENTIRE AGREEMENT
15.1 These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Website and the provision of the Services and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
16. GOVERNING LAW AND JURISDICTION
16.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English Courts.