Terms of Service
Effective from February 1st 2023
Definitions
Supplier Contract – the contract setting out the terms and conditions on which the Supplier provides the Supplier Services to the Customer.
Supplier Services – the utilities supply services and/or products as may be agreed to be provided by a Supplier to a Customer.
Terms – these terms and conditions setting out the basis on which the Services are provided by I Consultancy NE Limited.
Letter of Authority – the Letter of Authority provided to you by I Consultancy NE Limited and executed by you the customer to authorize I Consultancy NE Limited to negotiate on behalf of the customer with utility suppliers.
1. I Consultancy NE Limited Terms of Business
1.1 The following “Terms” are set out to provide the customer (“you”) with a summary of the main terms that apply to your use of I Consultancy NE Limited (“I Consultancy NE Limited”, “US” OR “WE”) Including how we work with utility suppliers.
1.2 These terms will apply when I Consultancy NE Limited provides you with a service and no other specific written agreement has been presented and accepted. The written agreement may be a signed agreement or terms & conditions sent to you by I Consultancy NE Limited in a welcome letter, email or any other written communication regarding the services supplied to you by I Consultancy NE Limited.
1.3 By using I Consultancy NE Limited you are agreeing to these terms and that they will apply unless and until you have a written agreement in place with I Consultancy NE Limited, in which case the terms of the written agreement will prevail.
1.4 I Consultancy NE Limited works with numerous utility suppliers which provide us services to broker. We can provide a list of suppliers on request. You can request said list from your account manager.
3. Charges and Payment
3.1 Unless you agree to pay a fee directly to us, I Consultancy NE Limited is typically remunerated for the services that it supplies to you via a payment from a utility supplier as a “commission” for securing your utility supply contract. This is usually included by way of an uplift applied within the costs charged to you under your utility supply contract. Your charges for I Consultancy NE Limited provision of services are therefore typically included in the supply contract charges that you pay.
3.2 I Consultancy NE Limited will only earn a commission if it is successful in brokering a utility supply contract on the customer’s behalf
3.3 in order to calculate the estimated total commission you need to take the uplift and multiply by number of units.
3.4 I Consultancy NE Limited will disclose to the customer, on request, the estimated amount of commission at the point of contracts being agreed. You are then entitled to request commission amount any time after the contract has gone live.
3.5 I Consultancy NE Limited will remain entitled to collect commission under your utility supply contract until the agreed contract end date, despite the expiry or withdrawal of your services with I Consultancy NE Limited.
3.6 the customer will not pay I Consultancy NE Limited any additional fees on top of commission built into supply contracts unless there have been prior alternative commercial agreements made between I Consultancy NE Limited and the customer.
3.7 The utility contract supplier shall pay any commissions direct to I Consultancy NE Limited. Entering a supply contract brokered by I Consultancy NE Limited hereby confirms that you, the customer, is aware that commission is payable direct to I Consultancy NE Limited and waives any rights you may have to challenge such commissions now or in the future.
5. Limitations of Liability
The customer’s attention is particularly drawn to this clause
5.1 Nothing in these Terms shall limit or exclude I Consultancy NE Limited’s liability for:
5.1.1 – death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
5.1.2 – fraud or fraudulent misrepresentation; or
5.1.3 – breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession)
5.2 Subject to clause 5.1:
5.2.1 – I Consultancy NE Limited shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms or the supply of the Services by I Consultancy NE Limited;
5.2.2 – I Consultancy NE Limited’s total liability to the Customer in respect of all other losses arising under or in connection with these Terms or the supply of the Services to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £5000.
5.2.3 – breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession)
5.3 I Consultancy NE Limited will take reasonable care and skill in the provision of Services. The Services are, however, dependent upon third parties, including Suppliers and Existing Suppliers. I Consultancy NE Limited is, therefore, unable to guarantee any time for completion of the Services or to accept I Consultancy NE Limited.
2. Provision of Services
2.1 When authorised by you under I Consultancy NE Limited’ Letter of Authority (LOA) we will contact all relevant utility suppliers to gather information and provide you with suitable and available options for you to select your preferred utility supplier.
2.2 I Consultancy NE Limited will endeavour to negotiate and secure competitive and favourable quotations on behalf of the customer and will provide relevant quotations obtained from the suppliers to the Customer.
2.3 All of I Consultancy NE Limited’s proposals provided to the customer contain indicative rates and therefore does not constitute a contract and there is no guarantee of rates. I Consultancy NE Limited’s proposal is only guaranteed once contacts have been agreed by the customer and the rates have been confirmed as secured by the chosen utility supplier.
2.4 Any quotation offered by a utility supplier to a customer via I Consultancy NE Limited shall not constitute an offer, the quotation is only valid for the period that the supplier dictates and can be changed at any point by the supplier until the contract is agreed and secured by the supplier.
2.5 Where a Customer wishes to proceed with a quotation from a supplier, I Consultancy NE Limited will complete the provision of the Services by organising the written contract between the supplier and customer for the supply and purchase of the Suppliers Service.
2.6 To enable I Consultancy NE Limited to provide the Services, the Customer responsible for ensuring that all information provided by them is true and accurate. Any errors must be promptly made known to I Consultancy NE Limited.
2.7 Any utility supply contract you enter into is between you, the customer, and the utility supplier; we are not responsible for the terms of the utility supply contract.
4. Customer Obligations
4.1 The customer will reimburse I Consultancy NE Limited on written demand any loss or costs sustained by I Consultancy NE Limited arising directly from the customer default.
4.2 If the customer uses I Consultancy NE Limited’s services to obtain a utility supply contract, which then fails to go live, or is cancelled, terminated or otherwise transferred away from the customer or utility supplier, or the customer chooses not to proceed with the utility supply contract for any reason, then I Consultancy NE Limited are entitled to charge the customer a fee up to the total value of the utility contract commission to I Consultancy NE Limited.
4.3 The Customer agrees that I Consultancy NE Limited is not liable in any way for or in relation to any transaction, dealing or arrangements of any kind made between the Customer and a Supplier. Any transactions or dealing are at the Customer’s sole risk and responsibility.
6. Data Protection
6.1 I Consultancy NE Limited do not anticipate receiving any personal data, as defined in the Data Protection Legislation, from the customer pursuant to this agreement, other than contact details of the relevant personnel who are responsible for dealing with utilities, which I Consultancy NE Limited shall process as a separate controller.
6.2 the customer agrees that I Consultancy NE Limited may share contact details of relevant person with the utility supplier.
6.3 Each party shall comply with the obligations imposed on a controller under the Data Protection Legislation. The parties acknowledge that for the purposes of Data Protection Legislation, the customer is the controller and I Consultancy NE Limited are the processor.
7. Complaints
7.1 Customers can submit a complaint using one of the following methods:
7.1.1 – Via the contact form on the I Consultancy NE Limited website (https://iconsultancyne.com/contact)
7.1.2 – Via email, by emailing the complaint to complaints@iconsultancyne.com
7.2 I Consultancy NE Limited will contact you, the customer, within 3 working days to acknowledge receipt of the complaint. We will then investigate and try to resolve the complaint. Where possible, we aim to do this in 10 working days.
7.3 If you, the customer, does not find our outcome satisfactory, you will need to appeal our resolution within 28 days of our response. You will need to do this in writing stating your reasons for the appeal and requesting us to re-evaluate. This will then be passed to a member of the leadership team to investigate.
7.4 Within 8 weeks, from when you first raised the complaint, we will send you, the customer, a deadlock letter. This will contain our final offer and proposed resolution.
7.5 If you still feel our response is unreasonable and would like to take the complaint further, you can use Ombudsman services. They are an impartial organization which will handle the complaint without bias. This service is free for customers.
If you wish to escalate your complaint to the Ombudsman services you can use the following contact details:
By Telephone: 0330 440 1624
By Post: Ombudsman Services: Energy, P.O. Box 966, Warrington, WA4 9DF
By Email: enquiry@ombudsman-services.org