TERMS & CONDITIONS
In this document, you will find the detailed terms and conditions of service for Honest Electricals.
The service provided by Honest Electricals is one whereby we look to provide Procurement Services by agreeing to terms and acquiring goods, services or works from an external source, on your behalf.
If you have any specific questions in relation to our terms and conditions, our Customer Service team will be more than happy to help. Likewise, if you feel that we did not handle your issue in the right way or there is a problem we might be able to fix, please get in touch.
Your views are very important to us. If we have not delivered the standard of service you expected, or if we made a mistake, we would like to know. We will investigate the situation and set about putting it right as quickly as we can, if we can. We don’t want to make the same mistake again, so your feedback is very important to us.
TERMS AND CONDITIONS OF SERVICE
These Terms govern the use by the Customer of any of the Services that Honest Electricals agrees to provide to the Customer from time to time, whether via the Site, the Call Centre or otherwise. Please read these Terms carefully before accepting these Terms and using the Services. By using the Services, you signify that you have read, understand and agree to be bound by these Terms.
If you do not agree to these Terms, do not use the Services.
The Customer’s attention is specifically drawn to the provisions of clauses 5, 6 and 10.
1. DEFINITIONS
The following definitions apply to these Terms and Conditions of Service (the “Terms”):
Call Centre: means the call centre operated by Honest Electricals for the purposes of providing Services.
Contract Checking Service: means the contract checking service that Honest Electricals agrees to provide to the Customer whereby Honest Electricals obtains, on the Customer’s behalf, information about the Customer’s existing contractual position with the Customer’s Existing Supplier.
COT: means, in respect of premises to which energy/utilities supply services are supplied under a Supply Contract made between the Customer and a Supplier following provision of the Procurement Service by Honest Electricals, any change in the occupancy of those premises such that the new occupier is entitled to change supplier of energy/utilities supply services.
Credit Score Criteria: means the credit rating requirements as may be determined and required by Honest Electricals and/or the Supplier from time to time in order for a Customer to qualify to use the Services and contract with a Supplier.
Customer: means any non-domestic commercial customer who satisfies the eligibility requirements set out in clause 3.2 and to whom Honest Electricals agrees to supply any of the Services from time to time.
Customer Default: has the meaning given in clause 6.
Existing Supplier: means the Customer’s existing third-party energy/utilities supplier.
Intellectual Property Rights: means any and all intellectual property rights, including without limitation; copyright, patents, rights in inventions, design rights, trademarks, service marks (in each case whether registered, unregistered or the subject of an application to register), moral rights, database rights, rights in computer programs, semi-conductor topographies, confidential information, trade secrets, know-how, business, trade and domain names, rights in goodwill and rights to bring a claim for passing off, unfair competition rights and all similar, like and analogous rights wherever held in the world and all extensions revivals and reversions thereof and, in each case, all equivalent forms of protection which subsist now or which subsist in the future.
Letter of Authority: means a letter that you sign authorising Honest Electricals to approach your current supplier(s) directly, without your having to do so, as may be required in the course of Honest Electricals providing the Services. Signing the Letter of Authority does not give Honest Electricals authority to act as your agent in any way, nor does it authorise Honest Electricals to agree new supply agreements on your behalf.
Procurement Service: means, where the Customer has accepted a Supplier’s Quotation presented to it, the procurement service that Honest Electricals agrees to provide to the Customer whereby Honest Electricals agrees to either: (i) facilitate the switching of the Customer to the Supplier; or (ii) assist in the renegotiation of the Customer’s arrangements with its Existing Supplier.
Quotation: means a quotation provided to the Customer by Honest Electricals on behalf of a Supplier which sets out the terms and prices upon which a Supplier may be prepared to supply the Supplier Services to the Customer.
Quote Acceptance Form: means a document containing a breakdown of your quotation. This document will provide details of the quotations your account manager will have discussed with you. In order for Honest Electricals to request contracts from the suppliers, for you to agree, we require you to indicate on the document which option(s) you would like to agree, sign the document and return to your account manager who will have the supplier draw up the relevant paperwork.
Services: the services provided by Honest Electricals whether via the Site, the Call Centre or otherwise, to which the Customer chooses to subscribe from time to time.
Site: means the website hosted at www.honestelectricals.co.uk
Supplier: means any third-party energy/utilities supplier of services and/or products as may be selected by Honest Electricals and/or listed on the Site from time to time.
Supplier Services: means the energy/utilities supply services and/or products as may be agreed to be provided by a Supplier to a Customer from time to time.
Supply Contracts: means contracts with energy Suppliers for the supply of electricity and/or gas.
Supply Number: means electricity or gas meter points with administration or reference numbers.
2. Application of Terms
2.1 These Terms shall apply between Honest Electricals and the Customer immediately upon the Customer returning a completed Quote Acceptance Form to Honest Electricals.
2.2 these Terms shall apply to the provision of any Service by Honest Electricals to a Customer and shall apply in place of, prevail over and supersede any other terms or conditions contained or referred to elsewhere (whether in correspondence or otherwise) or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Honest Electricals or a Honest Electricals authorised representative.
3. Subscribing to the Services
3.1 In order to use any of the Services, the Customer will need to register with Honest Electricals via the Call Centre. Honest Electricals may, in their sole discretion, refuse to register any business as a Customer.
3.2 In order to be eligible to register to use the Services, the Customer must:
- a) be a business that is resident in the UK or The Republic of Ireland;
- b) be aged eighteen years or over (if a sole trader);
- c) meet any Credit Score Criteria required by Honest Electricals and/or any Supplier; and
- d) be able to provide Honest Electricals with all such relevant information as Honest Electricals may require in order to provide the Services to the Customer.
4. Provision of Services
Procurement Service
4.1 Honest Electricals does not work with all suppliers. Honest Electricals works with a panel of energy suppliers selected by us. Each supplier on our panel, which varies from time to time, has been selected based on a number of criteria such as price, appetite for credit risk, green energy offering, contractual terms, and customer service.
4.2 Honest Electricals will not obtain quotations from all suppliers on their panel and so do not offer any assurances that any quotation presented represents the best value.
4.3 If the Customer makes an offer based on a Quotation and if the Supplier accepts the Customer’s offer, Honest Electricals will provide the Procurement Service which will include organising the contract between the Supplier and the Customer for the supply and purchase of the Supplier Services. Honest Electricals shall not be responsible for any delay or failure caused by any Supplier or Existing Supplier in relation to effecting any transfer.
4.4 Honest Electricals will arrange the Supply Contract based on the information provided by the Customer to Honest Electricals. Prior to completion of the Supply Contract, the Customer’s information will be confirmed by Honest Electricals with the Customer by email, via the Call Centre or by letter. It is the Customer’s responsibility to ensure at this point that all the Customer information is true, accurate, complete, reliable and current in all respects and to inform Honest Electricals promptly if there are any errors and/or if any amendments are required. If any of the Customer information needs to be amended or rectified, this may result in the transfer being delayed or rejected by the Supplier.
4.5 Once the Supply Contract is in final form, Honest Electricals will send this contract to the customer. The Customer must check that all the details are correct and must inform Honest Electricals of any errors and/or amendments within 24 hours of receipt.
4.6 The Customer agrees that within a reasonable time and by no later than 15 days prior to the last day upon which notice to terminate the Supply Contract can be served by the Customer, the Customer shall contact Honest Electricals so as to enable Honest Electricals to provide options again on behalf of the Customer. Honest Electricals shall also be entitled, but not obliged to, contact the Customer for the same purpose.
4.7 The Customer acknowledges that by entering into a Supply Contract with a Supplier, the Customer will be contracting directly with the Supplier and not with Honest Electricals. The Customer agrees that Honest Electricals is not liable in any way in relation to any transactions, dealings or arrangements of any kind made between the Customer and any Supplier and that any such transaction, dealing or arrangements (including, without limitation, any payment obligations of the Customer thereunder) are the Customer’s sole risk and responsibility.
4.8 Honest Electricals operates as a service provider and nothing in these Terms is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
5. Charges
Except as set out in clause 6 below, Honest Electricals will not charge the Customer directly for the Services. This is because Honest Electricals is remunerated directly by the Suppliers and receives a commission for securing and finalising the Supply Contract between the Customer and the Supplier. This is usually by way of an uplift that is applied within your unit cost for energy.
The cost of Honest Electricals service is therefore included within the cost of the Supply Contract that you agree with the Supplier.
By way of example, we may secure a price for electricity at 16 pence per kwh and apply a £0.004 per kwh uplift. The contracted price we would offer would therefore be 16.4p per kwh. Our commission would be calculated as £0.004 per kwh, multiplied by your annual energy consumption and multiplied by the contract term.
Example
Consumption of 50,000kwh over 2 years = 100,000kwh contracted consumption.
100,000 x £0.004 per kwh = £400 per year (£800 commission paid to Honest Electricals via the supplier).
This uplift is highlighted within the Quote Acceptance Form and is displayed in £’s per kwh.
Our uplifts depend on several factors such as the size of the Supply Contract, the term and credit risks.
For further information on how we get paid please contact our customer services team on 0800 254 5054.
6. Cancellation charges
The Customer agrees to reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default, the “Default Fee”.
This includes any Commission which we would have received from the Energy Supplier, but we do not receive from the Energy Supplier due to the Customer Default. The amount of the Commission will vary and will depend on certain factors including the intended term of the New Energy Supply Contract, energy usage, tariffs and number of meters.
VAT is due to be paid on a Default Fee.
7. Customer's obligations
7.1 In addition to the Customer’s other obligations set out in these Terms, the Customer warrants, represents and undertakes:
- a) to co-operate with the Supplier(s) in all matters relating to the Services including, without limitation, providing all relevant information in a timely manner as the Supplier(s) and/or Honest Electricals may require from time to time and that all such Customer information will be true, accurate, complete, reliable and current in all respects; and
- b) to comply at all times with these Terms and any applicable terms and conditions imposed by a Supplier in relation to the supply of the Supplier Services.
7.2 The Customer shall give Honest Electricals not less than 14 days’ notice in writing of any proposed COT, which notice shall summarise the nature and details of the proposed COT and in particular, full details of any proposed occupant of the relevant premises.
8. Intellectual property rights
The Customer agrees that any and all Intellectual Property Rights in or to the Services, any information and/or materials provided the Customer, the Site and any content therein (including, without limitation, the look and feel of the Site) shall remain owned by Honest Electricals and/or its licensors and any use or attempted use of any of the same shall constitute an infringement of Honest Electricals (and/or its licensors’) Intellectual Property Rights and may expose the Customer to both civil and criminal liability.
9. Termination
9.1 Without prejudice to the foregoing and any other rights and remedies that Honest Electricals may have, Honest Electricals shall be entitled to terminate or suspend the Services immediately upon written notice to the Customer in the event that:
- (a) the Customer is in breach of any of the provisions of these Terms and that in the case of a breach capable of remedy, such breach shall not have been remedied within 7 days of the date of a written notice from Honest Electricals to the Customer specifying such breach; or
- (b) Honest Electricals suspects on reasonable grounds that the Customer may have committed or attempted to have committed any fraud against Honest Electricals and/or any Supplier.
9.2 The Customer hereby agrees to indemnify, keep indemnified, defend and hold Honest Electricals and its parent companies, subsidiaries, affiliates and each of their respective officers, directors, employees, owners, agents, suppliers, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with any use by or conduct of the Customer in relation to any of the Services, any transactions, dealings or arrangements made with any third party as a result of using the Services or any breach of any of the provisions of these Terms or of any law or the rights of any third party.
10. Limitation on Liability
10.1 Honest Electricals will exercise all reasonable skill and care in providing the Services. However, the performance of the Services by Honest Electricals may be dependent upon third parties (including, without limitation, Suppliers and Existing Suppliers) and Honest Electricals is not able to guarantee or accept any responsibility for any failure or delay caused by such third parties or for any inaccurate, incomplete or unreliable information provided to the Customer by such parties via Honest Electricals.
10.2 Honest Electricals shall use its reasonable endeavours to ensure that all pricing information provided by Honest Electricals to the Customer as part of the Pricing Comparison Service is accurate, current and reliable in all material respects. However, save in respect of the foregoing, Honest Electricals does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purposes or legality of any information accessed as a result of the Customer’s use of the Services, the Site or the Call Centre or otherwise communicated by Honest Electricals to the Customer.
10.3 Except as expressly provided in these Terms, the Services and the Site are provided on an “as is” basis without representation or warranty of any kind and to the fullest extent permissible pursuant to applicable law Honest Electricals disclaims all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
10.4 Honest Electricals does not exclude or limit its liability (if any) in any way:
- a) for death or personal injury caused by Honest Electricals negligence;
- b) for fraud or fraudulent misrepresentation; or
- c) for any matter from which it is unlawful to exclude or attempt to exclude, Honest Electricals liability.
11. Data protection
The Customer acknowledges and agrees that details of the Customer’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Customer in accordance with Honest Electricals Privacy Policy, as is more particularly set out in our Privacy Policy The Customer also grants Honest Electricals permission to investigate their supply details on the relevant industry databases (including but not limited to Transco, Xoserve, ECOES, Companies House, HRMC, The Charity Commission for England and Wales) in order to provide any quotation or facilitate any contract or transfer.
12. Force majeure
Honest Electricals shall have no liability to the Customer if it is prevented from or delayed in performing any of its obligations in relation to the provision of any of the Services, or from carrying on its business, by acts, events, omissions or accidents beyond Honest Electricals reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Honest Electricals or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, and Honest Electricals shall be entitled to a reasonable extension of the time for performing such obligations in the event of any such occurrence.
13. No Waiver
Any failure or delay by Honest Electricals to enforce any of its rights under these Terms is not to be taken as or deemed to be a waiver of that or any other right unless Honest Electricals acknowledges and agrees to such a waiver in writing.
14. Severability
If any clause or part of a clause of these Terms is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms.
15. Third Party Rights
Except as expressly provided in clause 9.2, the parties agree that the provisions of these Terms are personal to them and are not intended to confer any rights of enforcement on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract or to any of its provisions, other than clause 9.2.
16. General
16.1 Each Party agrees that it is an independent contractor and is entering into the Contract as principal and not as agent for or for the benefit of any other person.
16.2 Save as expressly provided otherwise, nothing in the Contract and no action taken by the Parties in connection with it or them will create a partnership or joint venture between the Parties or give either Party authority to act as the agent of or in the name of or on behalf of the other Party or to bind the other Party or to hold itself out as being entitled to do so.
16.3 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
17. Dispute Resolution
17.1. In the event of a dispute under the Agreement and prior to initiating any legal proceedings, the parties shall follow the following dispute resolution process procedure:
- a. in the first instance, either party may call a dispute resolution meeting of the parties by the service of not less than ten days' written notice, and each party agrees to procure that a senior member of its staff shall attend all dispute resolution meetings called in accordance with this clause;
- b. the attendees of a meeting called in accordance with 17.1 (a) above shall use their best endeavours to resolve disputes arising out of this agreement:
- c. if the dispute is not resolved within ten Business Days of it being considered at a dispute resolution meeting, it shall be referred to the managing director of each of the parties for resolution, who shall co¬ operate in good faith to resolve the dispute amicably: and
- d. if the dispute is not resolved within further ten Business Days. either party shall be free to instigate an alternative dispute resolution procedure with the assistance of a mediator agreed by the parties, or in the absence of such agreement, a mediator appointed by the Centre for Dispute Resolution or such other similar body (a "Mediation");
- e. if the parties reach a settlement as a result of the Mediation, such settlement shall be reduced to writing, and once signed by a duly authorised representative of each party, the settlement shall be binding:
- f. the parties shall bear their own legal costs associated with the dispute resolution procedure, save that the costs and expenses of a Mediation shall be borne equally by the parties.
17.2. Subject to clause 17.3, and provided that the right to issue proceedings is not prejudiced by delay, neither party may commence court proceedings in relation to any dispute arising out of the Agreement until:
- a. it has attempted to settle the dispute by the dispute resolution procedure set out in clause 17.1 above and;
- b. either the Mediation has terminated, or the other party has failed to participate in the Mediation.
17.3. Nothing in clause 17.1 shall restrict the right of either party to seek urgent or injunctive relief from a court.
18. Transfer of rights and obligations
18.1 These Terms are binding on the Customer and Honest Electricals and on each parties’ respective successors and assigns.
18.2 The Customer may not transfer, assign, charge or otherwise dispose of these Terms, or any of its rights or obligations arising under them, without Honest Electricals prior written consent.
18.3 Honest Electricals 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.
19. Entire Agreement
The warranties, exclusions and other express provisions of these Terms, the Privacy Policy and the Terms of Use set out the full extent of our obligations and liabilities concerning the subject matter and supersede any previous agreements between the parties relating thereto.
20. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
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Honest Electricals
Unit 3
Kingsway House
Team Valley Industrial Estate
Gateshead
NE11 0HW
Honest Electricals Ltd is a company registered in England and Wales. Registered number: 14770816. Registered office: Honest Electricals Ltd, Unit 3 Kingsway House, Team Valley Industrial Estate, Gateshead, NE11 0HW.
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