1. The Third Party Intermediary (herein referred to as “The TPI” is defined as NE Utility Consulting Ltd (16632740) or any subsidiaries or trading names of NE Utility Consulting Ltd and any other entity we may legally transfer our rights to under these Terms and Conditions.

2. ‘The Client’ is defined as anyone engaging with The TPI in any capacity and covers incorporated and unincorporated entities. This extends to anyone such as an employee, agent or affiliate regardless whether they have an independent legal status.

3. ‘The Service’ is defined as the provision of comparisons, tenders, contracts or quotes for gas, electricity, water, telecoms, waste or any other product by The TPI across all sites The Client operates from.

4. ‘The Supplier’ is defined as any party whom The TPI may introduce The Client to and may be present on quotes/illustrations with regard to the provision of The Service.

5. ‘The Contract’ is the agreement between The Client and The Supplier which is subject to its own Terms and Conditions between both parties which The TPI has no control of.

6. By using The Service and/or signing this Letter of Authority, The Client accepts The TPI Terms and Conditions and Privacy Policy and understands these represent the Entire Agreement and supersedes any previous understanding.

7. The Client accepts that The TPI will access relevant databases as well as store and retain data associated with providing The Service and/or the operation of this Letter of Authority and may retain data after The Service has been terminated. Any data stored by The TPI will be done so in accordance with the legislations Data Protection Act 1998 and General Data Protection Regulation (GDPR).

8. The TPI can use cookies and store any statistical information about browsing.

9. The Client accepts where any dispute cannot be mutually resolved that this Letter of Authority is subject to English Law and the jurisdiction of the English Courts.

10. The TPI can disclose data where required to do so in accordance with civil or criminal law or by order of a court in each case having authority in England.

11. The TPI is not instructed to act as The Client’s agent or representative in terms of providing The Service by virtue of this Letter of Authority. Any reference to the term Agent at any stage is exclusively restricted to the context of Supplier data collection.

12. The Client consents for The TPI to credit check any entity and/or individual deemed relevant in delivering The Service.

13. The Client will strictly respect The TPI intellectual property including but not limited to Copyright, Trade Marks and confidential information.

14. The TPI does not accept any liability for errors or negligence in providing The Service. The Client will indemnify The TPI and its Partners against claims of loss of income, loss or expense. Where the Client is accessing The Service through a third party such as sub-broker or introducer, The Client will not hold The TPI liable in any circumstance.

15. Should The TPI carry out work such as Change Of Owner, Bespoke Pricing Tender or any other administrative tasks prior to the offer of The Contract, and The Client does not sign a contract offered by the TPI, The TPI may invoice The Client a fee for the works carried out up to the value of five hundred pounds.

16. Should any quote or tender be carried out for The Client and The Client then decides not to sign a supplier contract offered by the TPI, the TPI may charge a fee of £500 to The Client for administrative work carried out.

17. It is The Client’s responsibility to satisfy themselves and carry out sufficient due diligence and suitability of The Supplier and The Contract before committing to The Contract. The Client accepts that early termination fees, minimum spend, and other material conditions may be contained within The Contract which is a separate agreement subject to its own Terms and Conditions between The Client and The Supplier. The Client cannot accept The Contract on any assumption or pledge from The TPI and recognises that any dispute in relation to The Contract with The Supplier does not provide The Client with any redress against The TPI. In no circumstance will The TPI be liable for any failure, or any loss of any kind associated with failure to fulfil the obligations in The Contract with The Supplier.

18. In the event The Client moves or vacates the premises, The TPI must be given notice as soon as reasonably practical. For the avoidance of doubt, The Client must provide The TPI with a minimum of 30 days notice prior to vacating any premises.

19. The Client must provide accurate information and co-operate as required in order for The TPI to fulfil The Service.

20. Management of The Contracts is the responsibility of The Client. The TPI cannot be held liable for failure to notify of The Contract end date, failure to terminate The Contract or failure of The Contract going live with The Supplier.

21. The Client and The TPI are both required to comply with the Bribery Act 2010.

22. The Client accepts that The TPI receive commissions from The Supplier .The commission may take the form of a one-off payment, or a recurring commission, which may be based on volume, consumption, contract term or uplift. The Service is not free of charge, and any commission paid to the TPI will be paid by The Supplier and will be included in your contract prices. The TPI will remain entitled to receive the commission after The Contract expiry or termination of The Service with The TPI. The maximum available renumeration on The Contract would be £30 per MWH and will be clearly displayed on The Contract. Unless The TPI and The Client have agreed in writing, such Commission shall not be shared with the client.

23. Should The TPI not receive expected commission or incur any clawback of commissions after The Client has signed a supply contract offered by The TPI due to actions of The Client, such as non-payment of bills, agreeing another contract with a supplier or another third party, vacating premises without notice, cancelling Direct Debit or any other reason, The TPI may claim the expected total commission as was laid out in the supply contract from The Client.

24. If The Client commits to The Contract with The Supplier, this represents a legally binding document with no cooling off period unless this is otherwise confirmed in The Contract provided by The Supplier. 

25. In the event that a quote or illustration provided to The Client is no longer valid or is inaccurate, The Client will not hold The TPI liable for this. 

26. The TPI does not provide advice on further costs or risks associated with its Services. The Client must carry out their own due diligence on The Supplier and whether to enter into The Contract with The Supplier. Any opinion expressed is that of an individual and does not constitute The TPI’s position on any matter. 

27. The TPI has the authority to opt-out or terminate customers from their existing contracts to provide The Service at renewal. 

28. The TPI has the authority to nominate a Supplier to act as The Client’s DC/DA and MOP without seeking further consent. 29. If any of these terms are deemed to be invalid, unlawful or unenforceable this will not invalidate the enforceability of the other terms. 

30. Either The Client or The TPI can terminate The Service with 30 days notice