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Terms and Conditions of Use for EAL Services

  1. Scope and Terms of Use
  2. Details of the Service and Use of EAL Website Content
  3. Registration Process
  4. Provision of Your Requests (and Information) to Third Parties and to Any Potential Supplier
  5. No Warranty in relation to EAL Confidence Code
  6. No Incidental or Consequential Damages
  7. Limitation
  8. Links
  9. Governing Law
  10. Jurisdiction
  11. Non Assignment
  12. General
  13. Account Management Service Upgrade
  14. Events Beyond Control and Use of Content
  15. Customer Conduct
  16. Customer Communication
  17. Time and Place for Conclusion of Contract Between the Customer and EAL
  18. E-Commerce Regulations Information

Background

EAL is an information website and this provides a service to EAL's business customers ("Customers") in relation to business-to-business energy supplies by third parties.

EAL is not a supplier of energy and is not authorised to sell energy.

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.

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"Customer" or "you" means the commercial business customer located in the UK and using the EAL Service (transacting only through an authorised signatory).

"EAL Registered User" mean the persons authorized by and acting on behalf of the Customer in using the EAL Service.

"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.

"EAL Service Reference Number" means the alpha/numeric EAL Service reference provided to the Customer at end of the Online Quotation Process.

"Quotation Process" means the EAL Service consisting of the Online Quotation Process on the EAL Website.

"EAL Website" means www.energyadviceline.org.uk.

"Energy" means any gas and/or electricity or similar energy.

"Energy Advice Line Confidence Code" means EALs confidence code published from time-to-time being a non-legally binding code of conduct applicable to EALs method of Supplier ratings and applicable to the way in which the EAL Service is made available.

"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").

"MPRN" or "Meter Point Reference Number" means a unique number/reference given to a specific gas supply point at specified premises in the UK.

"Online Quotation Process" is the process followed to obtain a quotation online by the customer on the EAL Website.

"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 services and/or to enable us to contact you in relation to our services.

"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.

"Transfer" means the physical industry audited and regulated switch of an electricity MPAN or gas MPRN from one supplier to another.

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  1. Scope & Terms of Use
    1. These terms and conditions apply in respect of any Service Enquiry and apply in addition to EALs standard terms and conditions for use of its website and privacy policy.

      By using the EAL Service you will be bound by these terms and conditions.

      EAL has the right to amend or vary these terms and conditions at any time by posting revised terms on the EAL Website.

    2. 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. 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.
    4. 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 as set out below.
    5. EAL does not make any charge for Customers to, through their EAL Registered Users, access the EAL Website.
    6. 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.
    7. Processing of Personal Data: Individual representatives or personnel of the Customers (EAL Registered Users) may, in using the EAL Service, provide certain individual contact details or personal data such personal data will or may be used by EAL in providing the EAL Service and are likely to be passed on to potential third party Suppliers. Therefore, before proceeding any individual who will provide their contact details or other personal data to EAL must carefully read these terms and the EAL Privacy Policy. By accepting these terms the EAL Registered User is consenting to the processing of his or her personal data in this way.
    8. 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:
      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 use of the EAL Website the level of this fee may differ from Supplier to Supplier however these fees will be included within EALs price matrix/comparison charts;
      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 the EAL model/price matrix.
      3. In the event that you cancel the contract with the new third party supplier after the contract has been concluded by verbal contract recording 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. For the avoidance of any doubt the verbal contract recording is concluded as soon as the EAL sales agent completes the verbal contract sign up over the telephone with you on behalf of your new supplier. Evidence of the verbal contract recording will be provided on request.

        Any quotation or price matrix information that the Customer receives from using the EAL Service will have such commissions or introductory fees included.

    9. EAL Registered User: The Customer warrants and agrees that it shall only permit its EAL Registered User to use the 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.
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  2. Details of the Service and Use of EAL Website Content
    1. The EAL Service essentially consists of EAL (through the EAL Website) 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.
    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, trade marks, service marks, patents or other proprietary rights and laws.
    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. All Content on the EAL Website remains the property of EAL or its licensors.
    5. The Customer may retrieve and display Content on a computer screen, pda 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.
    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.
    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):
      • redistribute any of the Content (including by using it as part of any library, archive or similar service);
      • remove the copyright or trade mark notice from any copies of Content made under these terms and conditions;
      • create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
    8. You acknowledge that "EAL", "Energy Advice Line Limited", "Energy Advice Line", "energyadviceline.org.uk", "energyadviceline.com", "energyadviceline.co.uk", "businesselectricityrates.org.uk", "businesselectricitypricecomparison.co.uk", "commercialgasprices.org.uk", "commercialelectricitysuppliers.co.uk" and "commercialelectricityrates.co.uk" 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.
    9. All other rights not expressly granted in these terms and conditions are reserved to EAL.
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  3. Quotation Process
    1. When entering informationfor the purpose of using the EAL 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 (including in particular its EAL Registered Users email address) by emailing administrator@energyadviceline.org.uk.
    2. On completion of the Quotation Process the Customer will be provided with a user name and password which are to be used by the Customer's EAL Registered User only. Your password will be sent to you by email.
    3. 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 unauthorised use of its ID or any payment information it must notify EAL immediately be emailing administrator@energyadviceline.org.uk.
    4. On completion of the Quotation Process, where a mobile telephone number has been provided by the Customer EAL will send a text reminder 24 hours after the quotation has been sent by email.
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  4. Provision of Your Requests (and Information) to Third Parties and to any Potential Supplier
    1. By submitting any order for Services, using the EAL 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.
    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.
    3. No warranty as to accuracy, completeness or timing of EAL Service:
      1. Whilst EAL endeavours to provide accurate and useful information to Customers it does not warrant or guarantee the accuracy of any information provided 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.
      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, terms and conditions, performance records, financial standing etc may not be available or may not be up-to-date.
      3. The level and amount of information that the EAL Service can provide to Customers is often dependent on the amount of information that is provided by the Customer to EAL during the Registration Process. In general the more information that is provided by the Customer during the Registration Process the more likely the Customer will obtain relevant information.
      4. EAL shall not be liable in the event that
        1. any information that it (EAL) provides to a Customer is deemed to be inaccurate;
        2. any information provided by the Customer is deemed by a Supplier to be inaccurate.
        In particular Customers should be aware that inaccurate information could cause, without limit:
        • delays to a Customer's Transfer;
        • the Customer's current supply company to block or raise an objection against the proposed transfer;
        • the Customer's future Supplier to withdraw any offer or terms of business.
      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 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 express notice of such authority will be given to the Customer. In the absence of such express notice no such authority shall be deemed to exist.
      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. In the event that the Customer has a legitimate complaint regarding the EAL 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 EAL does not warrant that the EAL Website will be available at all times or generally.
      8. Whilst EAL will endeavour to provide information on a timely basis; it is anticipated that any Supplier quotation may take up to 24 hours to be provided and this time is not guaranteed. Each Supplier may have different "alid until" dates for any quotations or offers and Customers are advised to note any such limitations.
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  5. No Warranty in relation to EAL Confidence Code
    1. The EAL Confidence Code is a non-legally binding document, does not form part of any contract between EAL and the Customer (or any other EAL contract) and EAL shall not be liable in any way for any inaccuracies therein (without limitation in the event that any Supplier does not provide the level of service anticipated therein).
    2. 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 supply 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 Service are not warranted or necessarily endorsed by EAL.

    3. 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.
    4. 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.
    5. 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 Services, 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.
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  6. No Incidental or Consequential Damages
    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 Services or to any breach of these terms and conditions by EAL.
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  7. Limitation
    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 effect the Customer's statutory rights.

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  8. Links
    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 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.
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  9. Governing Law
    1. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
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  10. Jurisdiction
    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.
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  11. Non Assignment
    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.
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  12. General
    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.
    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.
    3. Headings in these terms and conditions are for convenience only.
    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.
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  13. Account Management Service Upgrade
    1. In the event that a Customer qualifies for and the parties agree to an Account Management Service Upgrade, EALs conditions for such Service as published from time to time on the EAL Website shall apply thereto.
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  14. Events Beyond Control and Use of Content
    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.
    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.
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  15. Customer Conduct
    1. The Customer agrees that in using the EAL Website or any EAL Services it will not:
      • upload, post or otherwise transmit 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;
      • 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;
      • 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;
      • restrict or in any way inhibit any person from using the EAL Website;
      • 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.
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  16. Customer Communication
    1. Any notices, third party Supplier offers, Transfer updates, Supplier information, quotations and any other information 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.
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  17. Time and Place for Conclusion of Contract Between the Customer and EAL
    1. Any user or person accessing or using the EAL Website is subject to the general EAL Website terms and conditions and privacy policy. In the event that you, a Customer, complete the Registration Steps you, in addition to the above terms, agree to be bound by these terms and conditions and the contract between you and EAL on these terms will be concluded once you check the box "I agree with EAL Service Terms and Conditions" and press continue or submit.
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  18. E-Commerce Regulations Information
    1. EAL's contact information is as set out above and as follows.
    2. EAL will acknowledge receipt of the completion of the Registration Process and EAL Service by issuing an EAL Service Reference Number.
    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.
    4. The geographic business address of EAL is as set out above and it's email contact address is info@energyadviceline.org.uk.
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