The 
Energy
Business

The Energy Business Terms and Conditions (“Terms”) Your attention is expressly drawn to clause 19
(Limitation of Liability) and clauses 8, 10 and 15.
1. These Terms, together with our Privacy Notice, set out the services we provide to you
and how we process your personal data. In these Terms, we refer to The Energy Business (company
number 08441980) as “The Energy Business”, “we”, “us” and “our” etc. and to you, the customer, as
“you” and “your” etc. “Party” shall mean either us or you and “Parties” shall mean both us
and you.
2. By signing our Permission Letter, using our website, or otherwise receiving the benefit of
any services we provide to you, you agree to be bound by these Terms and our Privacy
Policy which together form an agreement (“Agreement”) between us and you. They shall
continue to apply until the later of:
a)24 months from the date you agreed to them; and
b)24 months following the termination date of the last Supply contract
procured by us; and
c)24 months from the date of the Letter of Authority
We may amend these Terms and our Privacy Policy from time to time and we will notify
you of any material changes. You can always find the most recent version available on
our website (www.theenergybusiness.uk) and your continuing use of our services will be subject
to the most current Terms on our website.
Description of services
3. We act as a Third-Party Intermediary (“TPI”), defined by Ofgem as an organisation that
can give business utilities-related information and advice with the aim of helping
customers buy business utilities and/or manage their business utility needs. Whether
you have contacted us directly or we have contacted you, you are under no obligation to
use our services. However, as a TPI we can support you when getting business utilities
quotations from certain UK based third party utility suppliers (“Suppliers”, each a
“Supplier”). We may also act as a Third-Party Intermediary (“TPI”) for other business-
related services including, but not exclusively, Water, Telecommunications and Green
energy solutions such as Solar PV installations.
4. Provision of Services
o We have direct access to the energy distribution networks databases,
including Electralink and the Retail Energy Code (REC), which we use to
check information about your meters, including usage. As part of our
procurement and ongoing customer support processes, you agree to allow
us to check this information and continue to do so for the duration, as
outlined in clause 2 above.
o We may obtain quotes from a number of different suppliers on your behalf,
and we may contact you from time to time regarding your current energy
requirements.
o Where you decide to proceed with a particular Supplier and purchase
products or services from that Supplier, you acknowledge that you will
enter into a separate contract with that Supplier, which is completely
separate from our Agreement with you. We are not a party to any such
contract between you and the Supplier, nor will we have any liability
thereof.
o As a provider of business-to-business services, your agreement to our
terms and conditions includes your consent to communication through
various methods, which may include but are not limited to email, postal
mail, and telephone. These communication channels will be utilised for
various purposes such as providing our services, marketing products or
services potentially beneficial to your business, and delivering relevant
updates. You can update your preferences at any time by calling us at
01163668333 or by emailing us at documents@theenergybusiness.uk
5. Many Suppliers do not offer a cooling-off period after you agree to a contract with them.
Many contracts will have an early termination fee applied if you wish to change Supplier
before the contract end date. It is important that you read, understand, and accept the
terms and conditions of any Supplier that you agree to contract with.
6. You should be aware that there is no obligation for any Supplier to supply you and this is
down to the Supplier. Each Supplier may determine which customers they choose to
supply based on factors such as, but not limited to, the size of supply or your credit
rating and even business type. Some Suppliers may refuse to accept or offer a contract
with or to businesses in what that supplier deems a ‘high-risk’ sector or business type.
What constitutes ‘high-risk’ will vary across Suppliers but may include takeaway
businesses, pubs, restaurants, etc.).
Your and our responsibilities
7. We act as an intermediary broker between you and Suppliers, and we do not assume
any wider obligations to you other than those expressly set out in these Terms. We do
not recommend or endorse any products or services and we are reliant on the
information you give us to provide you with different energy tariffs and options. We may
arrange contracts on behalf of Suppliers based on the prices we have quoted to enable
you to enter into a contract directly with that Supplier. Upon completing a contract either
verbally or in writing, we will then send that contract to the Supplier, and we shall use
reasonable endeavours to facilitate a smooth energy switch where practicable.
8. Customer Obligations
o In addition to the Customer’s other obligations set out in these Terms you
warrant that you:
1. Are acting in the course of business and that we are entitled to
treat you as a business customer.
2. Have full authority to enter into the Agreement.
3. Once the Supply contract is locked in with the Supplier, you
will use your best endeavours to ensure that the Supply
Contract goes live and remains live for its entire duration; and
4. Will make prompt payments to the Supplier(s) in respect of the
Supply Contract as a condition of this Agreement; and
5. Will always comply with these Terms and any applicable terms
and conditions imposed by a Supplier in relation to the supply
of the Supplier Services.
6. Will ensure a valid permissions letter (LOA) is held by The Energy Business throughout the term of any agreed supply contract and
complete any permissions letter (LOA) within 14 days of its
receipt or request.
o The Customer shall give The Energy Business not less than 60 days’ notice in writing of
any proposed change in the occupant of the property we have previously
agreed to assist you with or in respect of which we helped you procure a
Supply contract (being a ‘Change of Tenancy’, (‘COT’).
o Notice of COT must:
1. Summarise the nature and details of the proposed COT and
provide full details of any proposed new occupant of the
relevant premises; and
2. be provided at least 7 working days before the relevant
Supplier is notified of the COT.
3. be accompanied by documentation in accordance with clause
8.3 to verify that the COT is genuine.
o As soon as possible prior to or after completion of the COT, the Customer
shall provide The Energy Business with sufficient documentation to reasonably satisfy
The Energy Business that the COT is genuine. Such documentation may include the
following:
a) a Certified copy of a signed and executed lease agreement;
b) a Certified copy of a signed and executed Assignment of
Lease agreement;
c) a copy of the signed and executed TR1 or LPE1; or
d) a letter from a solicitor who has acted on behalf of the
Customer in the property transaction confirming the COT is
genuine
o Any breach of customer obligations may result in a cancellation fee being
due as outlined in section 15.
9. Whilst we have commercial partnerships with certain Suppliers, we are not appointed
representatives or agents for any Suppliers. We act completely independently when
choosing which suppliers to present to you and any information provided by us in any
form is on an “as is” basis. When performing our services, we take many factors into
account. Whilst price is a key factor in our criteria when selecting energy options for you,
the offers we present to you may not be the cheapest on the market at any given time.
While we will do our best to provide you with the most competitive pricing options that
we identify for your business in the market, we cannot guarantee that the prices that we
present are the cheapest available in the market at any particular time. The prices
offered by Suppliers will depend on a number of factors, including your credit score,
payment history, preferred payment method, suppliers’ levels of customer service,
energy usage profile or your personal preference (for example, green energy).
10. We will assist you in arranging a business utility contract based on the information
provided by you. Any information you provide to us will be confirmed by us with you by
email, by telephone or by letter. It is your responsibility to ensure that all the information
is true, accurate, complete, reliable, and current in all respects. You must inform us
promptly if there are any errors and/or if any amendments are required. If any of the
information needs to be amended or rectified, this may result in your utility supplier
transfer being delayed or rejected by the Supplier which may be deemed to be a
cancellation of the supply contract by you for the purposes of clause 15 below. You
acknowledge and agree that in order to provide our services we may pass the
information including your personal data to Suppliers for the purpose of obtaining
quotations from such Suppliers. We will obtain your consent prior to sending any such
information to any Supplier. More information on how we process your personal data is
set out in our Privacy Notice.
11. You agree that any documents/market insights, reports, supplier, or pricing information
supplied to you in connection with providing our services to you are owned by us or our
third-party licensor’s. We may agree to provide you with copies of some or all of these
documents upon written request, subject to your written agreement not to disclose any
such documents and/or the information contained within them to any third parties without
our prior written consent. Depending on the nature of your request this may incur an
administration fee.
12. As a result of you using our energy procurement services, you acknowledge that we may
be paid a commission by energy suppliers. We will receive a set fee per kWh which for a
typical supply of 10,000 kWh would mean a commission payment of £100 per year
of the supply contract. You acknowledge and understand that you may pay additional
fees and energy charges to your Supplier as a result of engaging us to provide services
to you. Our commission is typically 100% fixed and based on energy consumed
during a contracted period.
o Upon using our procurement services, commission amounts will be specified within
the T’s and C’s and provided to you digitally or included within your welcome pack.
13. As a result of you using our water procurement services, you acknowledge that we may
be paid a commission by Suppliers. We typically receive a commission from water
suppliers based on the volume of water consumed for the duration of your contract. The
average typical commission for an SME business is £250. You acknowledge and
understand that you may pay additional fees and water charges to your Supplier as a
result of engaging us to provide services to you.
14. As a result of you using our telecommunications procurement services, you
acknowledge that we may be paid a commission by Suppliers. We typically receive a
commission from telecommunications suppliers based on the value of the contract for
the duration of your contract. The average typical commission for an SME business is
between £20 and £300 per product. You acknowledge and understand that you may pay
additional fees and charges to your Supplier as a result of engaging us to provide
services to you.
15. Cancellation
o 15.1 In the event that a Supply Contract has been made between the Customer and a
Supplier and either:
a) the Supply Number (Either - Meter Point Access Number,
(MPAN) for Electricity; Meter Point Reference, (MPR/MPRN)
for Gas; Supply Point Identifier, (SPID) for water or equivalent
type reference for other services) does not successfully
transfer to the new Supplier within 90 days of the contracted
start date, other than because of an error or omission by the
Supplier;
b) the Supply Contract is cancelled or terminated (howsoever
such cancellation or termination arises) at any time after the
supply under it has commenced; or
c) the Customer breaches any of their obligations under
section 8 of these terms,
each a “Cancellation Event”)
The Customer shall, subject to clause 15.3 below, immediately become
liable to pay The Energy Business a cancellation fee (the “Cancellation Fee”) calculated
in accordance with clause 15.2. The Cancellation Fee will be levied for
each separate Supply contract which does not commence or is cancelled
or terminated for one of the reasons set out above.
o 15.2 The Cancellation Fee shall be calculated as being the greater of :
Our commission plus VAT; or
1. If the Supply Contract is terminated at any time after the
supply under it has commenced the Cancellation Fee shall be
pro-rated for the period after such termination until the Supply
Contract end date, but be a minimum of £750 plus VAT.
2. If the contract termination is due to the failure of a supplier or
you are subject to the Supplier of Last Resort process (SOLR)
we may at our discretion agree to waive the cancellation fee if
the customer instructs The Energy Business to introduce another supplier
to take over their SOLR contract.
o 15.3 For the avoidance of doubt, no Cancellation Fee will be due and
payable if a Supply Contract is terminated in consequence of or in
connection with a verified Change of Tenancy, (COT) unless:
a) a Supply Contract is terminated in consequence of or in
connection with a COT that has not been notified to UK Utility
in accordance with clause 8.2.
b) the cancellation arises as a result of the Customer taking
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), obtaining a moratorium, being wound
up (whether voluntarily or by order of the court, unless for the
purpose of a solvent restructuring) or having a receiver
appointed to any of its assets; or
c) the proposed new occupier is connected (directly or
indirectly) to the Customer; in which case a Cancellation Fee
shall be due and payable in accordance with clause 15.1. In
relation to a person, “connected” for the purposes of clause
15.3(b) has the meaning given to it in section 1122 of the
Corporation Tax Act 2010.
o 15.4 The Customer shall immediately notify The Energy Business if any event occurs
which give rise to a Cancellation Fee becoming due and shall provide The Energy Business with full, complete and accurate details of any such event.
o 15.5 The Energy Business shall be entitled to invoice the Customer for the Cancellation
Fee at any time after The Energy Business becomes aware that a Cancellation Event
has occurred and a Cancellation Fee is due under these Terms.
o The Customer shall pay the Cancellation Fee to the specified bank account
within 30 days after the date of invoice (. Time for payment of the
Cancellation Fee shall be of the essence.
o If the Customer fails to pay the Cancellation Fee by the due date, then,
without limiting The Energy Business remedies under clause 22 regarding Termination,
the Customer shall pay interest on the overdue sum from the due date until
payment of the overdue sum, whether before or after judgment. Interest
under this clause will accrue each date at 4% a year above the Bank of
England’s base rate from time to time, but at 4% a year for any period
when the base rate is below 0%.
o All amounts due under this clause 15 from the Customer to The Energy Business shall
be paid in full without any set-off, counterclaim, deduction or withholding
(other than any deduction or withholding of tax as required by law).
o The Customer agrees, accepts, and hereby confirms that the Cancellation
Fee is reasonable and proportionate to protect The Energy Business's legitimate
interest in the Supply Contract reaching full term.
o The Customer acknowledges that any Cancellation Fee charged by or paid
to The Energy Business are entirely separate from any cancellation charges that the
Supplier may be contractually entitled to charge the Customer on
cancellation of its Supply contract. Nothing in this clause 15 will relieve the
Customer of its obligations to the Supplier under their Supply contract.
o The Customer acknowledges and agrees that the Cancellation Fees
payable under these terms are reasonable and proportionate to protect The Energy Business's legitimate interest in investing time and resources to arranging
Supply Contracts on behalf of the Customer.
o This clause 15 shall survive the expiry or termination of this Agreement
between The Energy Business and the Customer.
16. From time to time, you may be able to benefit from other products available from
suppliers within the The Energy Business Utilities portfolio in which case these Terms shall also
apply but any references to energy are substituted for that product or service.
17. We will provide our services using reasonable care and skill and in compliance with
applicable law. Except as expressly provided in these Terms, all warranties of any kind
for the services are expressly excluded to the fullest extent permitted by law. Any time or
date given for performance is indicative only and time shall not be of the essence of the
Agreement.
Intellectual property
18. All trademarks, service marks and all other intellectual property rights are the property of
their respective owners, including, without limitation, The Energy Business. The ownership of all
intellectual property rights relating to our services shall remain with The Energy Business, its
licensors or partners. You agree not to take any action to jeopardise, limit, or interfere in
any manner with any of our or a third party’s intellectual property rights.
Limitation of liability
19. Nothing in these Terms shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of
our employees, agents, or subcontractors.
b) fraud or fraudulent misrepresentation; or
c) anything else that cannot be excluded by law.
20. Subject to clause 19:
a) We shall under no circumstances whatsoever be liable to you, whether
in contract, tort (including negligence), breach of statutory duty, or
otherwise, for any loss of profit (whether direct or indirect) or for any
indirect or consequential loss arising under or in connection with our
Agreement with you and
b) Our total liability to you in respect of all other losses arising under or in
connection with our Agreement with you shall in no circumstances exceed
£1,000 (one thousand pounds sterling).
21. To the fullest extent permitted by law, all implied terms and warranties are excluded from
the Agreement.
High standards and contacting us
22. In the unlikely case that you need to make a complaint about the services provided by
us, such complaint must be made to us in the first instance by contacting your account
manager or emailing: documents@theenergybusiness.uk You acknowledge that if you have any
complaint about our services that you will in the first instance follow our complaints
procedure.
23. If you have a complaint about your energy supplier or supply contract in the first instance
you should contact us and then if you are dissatisfied you should contact the Supplier
directly and then, if necessary, the Energy Ombudsman. Your account manager may be
able to assist you with this process.
24. If you are a Micro-Business*, and do not accept the outcome of our internal review
regarding your complaint or, your complaint remains unresolved for more than eight
weeks we will write to you with further information regarding the Energy Ombudsman’s
‘Alternative Dispute Resolution’ (ADR) Service. The ADR is a free service provided by
the Energy Ombudsman, which we are a member of,(Membership
Number:C35THEE19), which you must use as outlined in our complaints procedure and
which you agree to follow. We may charge a £750 administration fee to cover
reasonable costs if the Ombudsman agrees with the outcome of our internal review or
finds in our favour regarding any complaint.
Data Privacy and Call Recording
25. We take protecting our clients’ data seriously. We will not pass information to third
parties other than the business utility suppliers to which you are either currently
contracted with or have chosen to move your business utilities to. We will not engage
with other Third-Party Intermediaries.
26. We will record all telephone calls with you for legitimate business purposes including so
that we can improve the services we offer. All calls are encrypted for security and
integrity purposes and to ensure that we comply with our requirements under data
protection laws. Records of all calls will be kept by us for 7 years from the date of the
particular call. Suppliers may retain your personal data in line with their own retention
periods and privacy notices and you should ensure you familiarise yourself with any
relevant documents or notices before agreeing to their terms and contracting with them.
27. Each party undertakes that it shall not disclose to any person any confidential
information, except as permitted by clause 29.
28. Each party may disclose the other party’s confidential information:
a) to its employees, officers, representatives, or advisers who need to know
such information for the purposes of exercising the party’s rights or carrying
out its obligations under or in connection with this Agreement. Each party
shall ensure that its employees, officers, representatives, or advisers to
whom it discloses the other party’s confidential information comply with the
confidentiality obligations under these Terms.
b) as may be required by law, a court of competent jurisdiction or and
governmental or regulatory authority.
29. Neither party shall use any other party’s confidential information for any purpose other
than to exercise its rights and perform its obligations under or in connection with the
Agreement.
General
30. The Parties are independent businesses and are not partners or employer and
employee and the Agreement does not establish any joint venture, trust, agency,
fiduciary, or other relationship between them, other than the contractual relationship
expressly provided for in these Terms. Save as expressly provided for these Terms,
none of the Parties shall have, nor shall represent that they have, any authority to make
any commitments on the other party’s behalf.
31. Any failure or delay in us enforcing our rights under these Terms with you shall not
constitute a waiver.
32. Transfer of rights and obligations
o These Terms are binding on the Customer and The Energy Business and on each parties’
respective successors and assigns.
o You will not assign any of your rights under these Terms without our prior
written consent.
o The Energy Business may at any time transfer, assign, charge, sub-contract or
otherwise dispose of these Terms, or any of its rights or obligations arising
under them.
33. If at any time any provision of these Terms is or becomes illegal, invalid, or
unenforceable in any respect, the remainder of these Terms shall remain valid and
enforceable.
34. We will not be liable for a breach of these Terms to the extent that any such breach was
beyond our reasonable control.
35. These Terms are not for the benefit of any third party who is not a party to the
Agreement.
36. These Terms and any Permission Letter are the entire agreement between us and you.
37. These Terms and our Agreement with you shall be governed by and construed in
accordance with the laws of England and Wales and both Parties agree to submit to the
exclusive jurisdiction of the courts of England and Wales (including in relation to any
non-contractual disputes or claims).
*Micro Business Definition. A micro business is defined as one that: employs fewer than
ten employees (or FTE equivalent) and their annual turnover or balance sheet is not
greater than €2 million or consumes not more than 293,000 kWh of gas per year, or
consumes not more than 100,000 kWh of electricity per year.
A business will qualify as a micro-business for both gas and electricity if it meets the
employee and turnover or balance sheet criteria. If it doesn’t meet those criteria but uses
no more than the defined usage for either gas or electricity, it will qualify as a micro-
business for that fuel.