EAL Service Terms
- Details of the Service and Use of EAL Website Content
- Registration Process
- Provision of Your Requests (and Information) to Third Parties and to Any Potential Supplier
- No Warranty in relation to EAL Service
- No Incidental or Consequential Damages
- Governing Law
- Non Assignment
- Events Beyond Control and Use of Content
- Customer Conduct
- Customer Communication
- Time and Place for Conclusion of Contract Between the Customer and EAL
- E-Commerce Regulations Information
1.1 EAL is an information website which provides a service to EAL’s business customers (“Customers”) in relation to business-to-business energy supplies by third parties (“Supplier”).
1.2 EAL is not a supplier of energy and is not authorised to sell energy.
1.3 EAL is or may be authorised as a non-exclusive and non-sole agent or broker of various energy suppliers to pass on quotations and/or offers and/or acceptance of offers (or contract confirmations) between a Customer and a Supplier.
2.1 “Customer” or “you” means the commercial business customer located in the UK and using the EAL Service (transacting only through an authorised signatory).
2.2 “EAL Registered User” mean the persons authorized by and acting on behalf of the Customer in using the EAL Service.
2.3 “EAL Service” means the service that business users agree to in completing the Online Quotation Process and submitting a Service Enquiry containing their information to EAL in order to obtain and view Supplier price comparisons, information or other guidance in relation to third party energy suppliers.
2.4 “EAL Relax Renewal Service” compliments the EAL Service but offers the Customer the additional benefit of giving EAL the authority to terminate supply contracts as well as agree to supply contracts with the third party Supplier on the Customers behalf.
2.5 “EAL Service and/or EAL Relax Renewal Service Reference Number” means the alpha/numeric reference provided to the Customer at end of the Online Quotation Process and/or Registration Process or any subsequent supplier quotations sent by EAL to the Customer.
2.6 “EAL Relax Renewal Service Document” is the eSign document sent to the customer by email and subsequently signed by the Customer giving EAL authority to proceed with the EAL Relax Renewal Service. The EAL Relax Renewal Service Authority will typically last for 12 calendar months from the date the document is signed and will have be renewed for the service to be maintained.
2.7 “Content” means information stored on the EAL Website or information sent to the Customer by EAL by email.
2.8 “Registration Process” means the EAL Service and/or EAL Relax Renewal Service consisting of completing an enquiry form on the EAL Website and submitting a Service Enquiry.
2.9 “EAL Website” means www.energyadviceline.org.uk.
2.10 “Energy” means any gas and/or electricity or similar energy.
2.11 “MPAN” or “Metering Point Administration Number” means a unique number/reference given to a specific electricity supply point at specified premises in the United Kingdom (“UK”).
2.12 “MPRN” or “Meter Point Reference Number” means a unique number/reference given to a specific gas supply point at specified premises in the UK.
2.13 “Online Quotation Process” is the process followed to obtain a quotation online by the customer on the EAL Website.
2.14 “Service Enquiry” is the information that you provide by filling in forms on our site or by post or over the telephone. This includes information provided in the course of expressing an interest in, subscribing to and/or using our EAL Service and/or EAL Relax Renewal Service and/or to enable us to contact you in relation to our services.
2.15 “Supplier” means a/the third-party company or organisation which supplies or may supply Energy or Energy services to the Customer or which supplies Energy generally as a separate contractual arrangement.
2.16 “Transfer” means the physical industry audited and regulated switch of an electricity MPAN or gas MPRN from one supplier to another.
3.2 With exception to the Customer agreeing to take the EAL Relax Renewal Service, EAL is not authorised to enter into any contract for the supply of Energy or to enter into any contract on behalf of any Supplier; save that it may be authorised to pass on to and from a Customer and/or Supplier information, offers, quotations and/or acceptances of orders.
3.3 With exception to a Customer taking the EAL Relax Renewal Service, EAL will hold information provided by the EAL Registered User and contact the Customer by phone, email, fax or letter on approach to the Customers business utilities contract expiry date to remind them of their renewal date and offer prices from all relevant third party Suppliers.
3.4 When a Customer agrees to the EAL Relax Renewal Service by signing the EAL Relax Renewal Service Authority Document, the following conditions will apply:
3.4.1 EAL will hold information provided by the EAL Registered User and contact the Customer by email on approach to the Customers business utilities contract expiry date.
3.4.2 EAL will agree and enter into a contract for the supply of energy on behalf of the Customer with the third party Supplier on the recommend price from EAL unless the Customer chooses an alternative from the prices available from EAL at the time of quotation and confirms which price they would like to opt for before the window closes. For the avoidance of any doubt the recommended price will be clearly displayed on the email and/or EAL Website and be specific to the Customer energy meter.
3.4.3 Although it is EAL’s intention to provide a sensible window of time for the customer to make a decision on which price they would like to opt for this will be driven by Supplier retail price volatility at the time of quotation. EAL will assume renewal on the recommended price if the customer does not choose an alternative before the quotation window closes.
3.4.4 EAL will send a pre-quote email to the Customer in advance of the quotation being emailed letting them know which date their renewal quotation will be emailed to them.
3.4.5 The Customer has the right to opt out of the EAL Relax Renewal Service at any time prior to the quotation window closing. Instructions on how to opt-out will be clearly displayed on the pre-quote and quote email.
3.4.6 EAL will agree and sign the Supplier contract on the Customers behalf and will send this together with the signed EAL Relax Renewal Service Authority Document to the third party Supplier. A copy of this document will be emailed to the Customer for their information and records.
3.4.7 If the Customer is required to serve advanced termination notice to the Supplier before they switch to the new contract, EAL will serve this termination notice together with the signed EAL Relax Renewal Service Authority Document to the third party Supplier. A copy of this document will be emailed to the Customer for their information and records.
3.4.8 EAL will contact the Customer for time to time by email if the letter of Authority they hold on account needs to be renewed to allow for the EAL Relax Renewal Service to be maintained.
3.5 Any contract entered into by the Customer for the supply of Energy will not be a contract with EAL but will be a contract with the relevant third party Supplier and the Suppliers terms will apply.
3.6 The EAL Website is an information website only and EAL does not sell Energy or any goods or services but provides only the EAL Service and/or EAL Relax Renewal Service as set out below:
3.6.1 EAL does not make any charge for Customers to, through their EAL Registered Users, access the EAL Website.
3.6.2 EAL reserves the right to suspend or terminate your access and use of the EAL Website as a whole or part at any time. It may exercise the right with or without notice. If applicable notice will be given to your email address as notified to EAL. In that event notice will be deemed to be served one hour after transmission or posting.
3.7 How EAL Gets Paid: EAL receive commission or introducers fees from the relevant third party Supplier in the event that such Supplier concludes a contract with the Customer. Not every third party Supplier operates in the same way. However there are two main methods in which EAL receives such commissions or fees, namely:
3.7.1 The third party Supplier could provide a set introductory fee for a Transfer (ie. a fixed introducer fee) that is brought about through the Customers using the EAL Service and/or EAL Relax Renewal Service. The level of this fee may differ from Supplier to Supplier however these fees will be included within EAL’s price matrix/comparison charts;
3.7.2 EAL may have discretion to set its own commission or fees within certain guidelines/parameters in such cases EAL will always operate within the Supplier’s given guidelines or parameters and again these fees will be included within EAL’s price matrix/comparison charts.
3.8 There is no cooling off period in Business Energy. In the event that you cancel the contract with the new third party supplier after the contract has been concluded on the basis that you have accepted another contract with another supplier EAL reserve the right to charge you an early termination fee of £150.00 to compensate EAL for the service rendered to help you switch supplier.
3.9 Any quotation or price matrix information that the Customer receives from using the EAL Service and/or EAL Relax Renewal Service will have such commissions or introductory fees included.
3.10 EAL Registered User: The Customer warrants and agrees that it shall only permit its EAL Registered User to use the EAL Service and/or EAL Relax Renewal Service. The EAL Registered User warrants that he or she is duly authorized as such and is duly authorized to accept these Terms and Conditions on behalf of the Customer.
4 Details of the Service and Use of EAL Website Content
4.1 The EAL Service and/or EAL Relax Renewal Service essentially consists of providing to the Customer information that EAL has obtained from third party sources and from its own database about various Energy Suppliers in order that Customers can search and evaluate options or opportunities for a Transfer. The EAL Relax Renewal Service has all of the provisions of the EAL Service but with the addition of the Customer giving authority to EAL to agree the renewal on the Customers behalf to help avoid the Customer moving onto variable or standard Supplier prices at the end of their fixed term.
4.2 The Customer acknowledges and agrees that the entire content design and the selection and arrangement of the content and material contained on the EAL Website, including but not limited to its database, text, software (including applets), music, sound, photographs, graphics, video, page layout, newsletters sent by email (collectively the “Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
4.3 The Customer acknowledges and agrees that it is permitted to use this material and information only on the basis expressly set out in these terms and conditions and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of EAL.
4.4 All Content on the EAL Website remains the property of EAL or its licensors.
4.5 The Customer may retrieve and display Content on a computer screen, tablet or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disc or on its mobile telephone (but not on any server or other storage device connected to a network) for commercial use only.
4.6 Except as expressly set out herein the Customer may not reproduce modify store archive or in any way commercially exploit any of the Content.
4.7 In particular but without limiting the general application of the restrictions contained herein the Customer may not do any of the following without prior written permission of EAL (and neither may it allow a third party to do any of the same):
4.7.1 Redistribute any of the Content (including by using it as part of any library, archive or similar service);
4.7.2 Remove the copyright or trade mark notice from any copies of Content made under these terms and conditions;
4.7.3 Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
4.8 You acknowledge that “EAL”, “Energy Advice Line Limited”, “Energy Advice Line”, “energyadviceline.org.uk”, “energyadviceline.com”, “energyadviceline.co.uk”, “energyadviceline.org” are trademarks or names the goodwill of which belongs to EAL and that you (the Customer) may not use them without written permission from EAL. All other rights not expressly granted in these terms and conditions are reserved to EAL.
5 Registration Process
5.1 When entering information for the purpose of using the EAL Service and/or EAL Relax Renewal Service the Customer must provide EAL with accurate, complete information and it is the Customer’s responsibility to inform EAL of any changes to that information subsequently (including in particular its EAL Registered Users email address) by emailing firstname.lastname@example.org. EAL will confirm by email to the EAL Registered User when the change has been reflected in the EAL database.
5.2 The Customer is responsible for all use of the EAL Website made by it or anyone else using its EAL Register User username and password (collectively “ID”) and for preventing unauthorised use of its ID. If the Customer believes there has been breach of any security such as disclosure, theft or unauthoriseduse of its ID or any payment information it must notify EAL immediately be emailing email@example.com.
5.3 On completion of the Registration Process and/or Online Quotation Process, where a mobile telephone number has been provided by the Customer EAL may send a text reminder 24 hours after the quotation has been sent by email.
6 Provision of Your Requests (and Information) to Third Parties and to any Potential Supplier
6.1 By using the EAL Service and/or EAL Relax Renewal Service or by submitting any information or any request for comparative information or potential quotations the Customer expressly authorises EAL to provide such information and details (including personal details) of the Customer and/or its EAL Registered User and metering point electricity MPAN and gas MPRN to any potential Supplier.
6.2 EAL will not (unless agreed otherwise) pass on to a potential Supplier any offer prices or renewal offer prices supplied by the Customer to it in its use of the EAL Service and/or EAL Relax Renewal Service.
7 No warranty as to accuracy, completeness or timing of the EAL Service:
7.1 Whilst EAL endeavours to provide accurate and useful information to Customers it does not warrant or guarantee the accuracy of any information provided by EAL or on the EAL Website or otherwise by it, or the accuracy or terms of any possible offer (by any third party) for the supply of Energy or other products or services to the Customer.
7.2 Whilst every effort is made by EAL to provide the most up-to-date information EAL shall not be responsible for any information supplied to it (by any potential Supplier or otherwise) that is misleading, inaccurate or incomplete. In particular information about certain energy Suppliers and about their current offers, prices, terms and conditions, performance records, financial standing etc may not be available or may not be up-to-date.
7.3 The level and amount of information that the EAL Service and/or EAL Relax Renewal Service can provide to Customers is often dependent on the amount of information that is provided by the Customer to EAL. In general the more information that is provided by the Customer to EAL the more likely the Customer will obtain relevant information.
7.4 EAL shall not be liable in the event that:
7.4.1 any information that it (EAL) provides to a Customer is deemed to be inaccurate;
7.4.2 any information provided by the Customer is deemed by a Supplier to be inaccurate.
7.4.3 The potential financial loss if the Customer’s Supplier fails to process the Customers termination notice which results in the Customer moving onto Variable or Standard contract prices at the end of their fixed term.
7.4.4 In particular Customers should be aware that inaccurate information could cause, without limit:
126.96.36.199 delays to a Customer’s Transfer;
188.8.131.52 the Customer’s current Supplier block or raise an objection against the proposed Transfer;
184.108.40.206 the Customer’s future Supplier to withdraw any offer or terms of business.
7.5 EAL does not warrant or guarantee that a Supplier will be prepared to enter into any contract with the Customer or the terms of that Supplier contract unless and until it is authorised by the relevant Supplier to communicate an offer/ quotation to the Customer or to communicate an acceptance of offer by the Supplier to the Customer, in which event an email notice of will be given to the Customer.
7.6 EAL is committed to providing the highest quality standards in delivering information services to Customers. EAL is committed to provide an efficient and effective service and takes a serious view of any problems which arise. EAL aims to ensure that any complaints which the Customer identifies are, so far as reasonably within the control of EAL, dealt with and addressed in a timely manner.
7.7 In the event that the Customer has a legitimate complaint regarding the EAL Service and/or EAL Relax Renewal Service, EAL will use reasonable endeavours to remedy any fault; however there may be routine down-time or other unexpected down-time or delays or problems in delivery of the EAL Service and/or EAL Relax Renewal Service and EAL does not warrant that the EAL Website will be available at all times or generally.
7.8 Whilst EAL will endeavour to provide information on a timely basis and will provide a quote window for the Customer on the EAL Relax Renewal Service renewal quotation; it is anticipated that any Supplier quotation will only be valid until 4pm on the day of the quotation. Each Supplier may have different “valid until” dates for any quotations or offers and Customers are advised to note any such limitations.
8 No Warranty in relation to EAL Service
8.1 EAL acts as an intermediary between the Customer and the Supplier. EAL shall not be liable for the supply of any goods or services or for the quality or quantity or suitability or otherwise in respect of any goods or services. The Customer is therefore strongly advised to check and consider the relevant Supplier terms and conditions of a Supplier before entering into any contract with a Supplier. Any third party opinions, comments or information provided on the EAL Website or as part of the EAL Service and/or EAL Relax Renewal Service are not warranted or necessarily endorsed by EAL.
8.2 Due to the number of sources from which EAL obtains Content and the nature of electronic distribution via the internet and mobile telephones or other portable electronic devices EAL does not give any warranties in respect of the EAL Website, Content, software or services available through the EAL Website (collectively the “EAL Site Services”). In particular the EAL Site Services are provided on an “as is”, “with all faults” and “as available” basis.
8.3 To the extent allowed by applicable law EAL hereby disclaims all warranties, conditions or duties of every nature whatsoever, including without limitation any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack of negligence or of workmanlike effort.
8.4 Whilst EAL endeavours to ensure that the EAL Website is normally available 24 hours a day, EAL will not be liable if for any reason the EAL Website is unavailable at any time or for any period. EAL does not guarantee the functions contained in the EAL Website will be uninterrupted or error free or that defects will be corrected even if EAL is aware of them. Additionally EAL makes no warranty that any of the EAL Service and/or EAL Relax Renewal Service, the EAL Website server or any information, files, documents, programmes or material available for download on the EAL Website are free from infection by viruses or anything else that has contaminating or destructive properties.
9 No Incidental or Consequential Damages
9.1 To the full extent allowed by applicable law the Customer agrees that EAL will not be liable to it and/or any third party for any consequential or incidental damages (including but not limited to loss of profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or for any other indirect, special or consequential losses or damages whatsoever that arise out of or are related to the EAL Website, the EAL Service and/or EAL Relax Renewal Service or to any breach of these terms and conditions by EAL.
10.1 Any Customer claims for losses or damages will be limited to the direct damages actually suffered by the Customer in reasonable reliance on the applicable Service. EAL does not limit its liability for death or personal injury directly caused by its negligence. Their terms and conditions do not affect the Customer’s statutory rights.
11.1 In the event that the EAL Website contains links to other websites provided by independent third parties (“Third Party Sites”), either directly or through I-frames then EAL will, where reasonably practicable, make it clear that such links are being made. EAL is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.
12 Governing Law
12.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
13.1 The Customer agrees that the Courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute that may arise out of or in connection with these terms and conditions.
14 Non Assignment
14.1 The Customer may not assign, sub-licence or otherwise transfer any of its rights (including any rights to access and use any Content) under these terms and conditions.
15.1 If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or any country then to the extent which that term is illegal, invalid or unenforceable it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
15.2 Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.
15.3 Headings in these terms and conditions are for convenience only.
15.4 In the event of any conflict between these terms and conditions and any other terms on the EAL Website these terms and conditions shall prevail.
16 Events Beyond Control and Use of Content
16.1 Without limitation to the above provisions EAL is not liable for any matters beyond its reasonable control. EAL does not control third party communications networks or the internet or the acts of third parties.
16.2 If a Customer uses any Content for any purpose other than the Services it shall be fully responsible for it. Use of Content is at your own risk.
17 Customer Conduct
17.1 The Customer agrees that in using the EAL Website or any EAL Service and/or EAL Relax Renewal Service it will not:
17.1.1 upload, post or otherwise transmit any content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive or offensive;
17.1.2 harvest Content or upload, post or otherwise transmit any content which contains software viruses or any other files or programmes that may interrupt, destroy or limit the functionality of the EAL Website;
17.1.3 upload, post or otherwise transmit any content for any commercial or business purpose including, without limitation, any content which contains any advertising or promotional materials;
17.1.4 restrict or in any way inhibit any person from using the EAL Website;
17.1.5 use the EAL Website in a manner that is inconsistent with these terms and conditions and/or any relevant laws and regulations in force from time to time.
18 Customer Communication
18.1 Any notices, third party Supplier offers, Transfer updates, Supplier information, quotations and any other information stored on the EAL Website or sent by EAL to the Customer by email, mail or facsimile is deemed to have been received, in the case of email, one hour after it has been sent by EAL, mail sent in the post by EAL is deemed to have been received the next working day, and a facsimile sent by EAL is deemed to have been received on acknowledgement by the addressee’s facsimile receiving equipment, unless such acknowledgement occurs after 1730 hours on any day, in which case receipt shall be deemed to have occurred at 0900 hours on the next working day following the day of acknowledgement.
19 Time and Place for Conclusion of Contract Between the Customer and EAL
20 E-Commerce Regulations Information
20.1 EAL’s contact information is as follows:
20.1.1 Address: 1a Crimea Road, Bournemouth. BH9 1AP
20.1.2 Telephone: 0800 915 1800
20.1.3 Email: firstname.lastname@example.org
20.2 EAL will acknowledge receipt of the completion of the Registration Process and Online Quotation Process and EAL Service by issuing an EAL Service and/or EAL Relax Renewal Service Reference Number.
20.3 It is only possible to conclude a contract with EAL in the English language. A copy of these terms and conditions together with your order process information will be archived and maintained by EAL for up to seven years after the Services have been provided.