Terms & Conditions

1. Definitions

In these Terms and Conditions, the following terms shall have the meanings assigned to them:

  • “Customer” refers to any individual, corporation, or business entity that engages with our services, encompassing both new and existing customers.
  • “Services” refers to all services provided by our company, which include, but are not limited to:
    • Digital Renewal Service
    • Switching Service
    • Contract Checking Service
    • Consultation Services
    • Any other services offered now or in the future.
  • “Supplier” denotes any third party providing goods or services procured through our platform, including energy suppliers, utilities, and service providers.
  • “Contract” refers to any agreement between the Customer and Supplier facilitated through our Services, which encompasses supply contracts, service agreements, and any other contractual obligations resulting from our Services.
  • “Website” refers to our official online platform, accessible at osbenergy.co.uk, where the Services are detailed and provided.

2. Services Provided

2.1 Overview of Services

We offer a suite of Services designed to assist Customers in making informed decisions regarding their supply options. The main Services include:

– Digital Renewal Service:

The Digital Renewal Service is initiated upon acceptance of these Terms and aims to secure optimal terms for the Customer’s supply needs during contract renewal periods.

The Service involves monitoring the Customer’s current contracts and market conditions to provide timely recommendations. While we strive to secure competitive rates, the Customer acknowledges that we cannot guarantee specific savings or responses from Suppliers.

– Switching Service:

The Switching Service facilitates the transition of the Customer’s supply from one Supplier to another, ensuring a seamless process. The Customer must provide accurate information and necessary permissions to enable us to perform the Switching Service effectively. We are not liable for any delays or complications arising from actions taken by Suppliers during the switching process, nor for any issues arising from the Customer’s failure to provide accurate information.

– Contract Checking Service:

This Service involves evaluating the Customer’s existing contracts to identify potential savings or better terms available in the market. The Customer must provide a signed Letter of Authority (LOA) for us to communicate with their Existing Supplier to obtain contract details. The results of this assessment will be communicated to the Customer along with actionable recommendations.

– Consultation Services:

We may offer personalized consultation services to assist Customers in navigating their energy needs, including strategies for energy efficiency and cost reduction. The scope and availability of consultation services may vary and will be detailed upon request.

2.2 Additional Services

We may introduce additional Services from time to time, with details made available on our Website. Such additional Services will also be governed by these Terms.

3. Charges

3.1 Fees

Except as specified in Clause 3.3, there are no upfront fees charged to the Customer for our Services unless explicitly notified. Any changes to our fee structure will be communicated to the Customer with reasonable notice.

We reserve the right to modify the fees for the Services provided. Changes to fees will be communicated via email and updated on our Website. The Customer will be informed of any changes prior to their effective date.

3.2 Commission

Our company receives commission from Suppliers based on the contracts we secure on behalf of the Customer. This commission is incorporated into the rates presented to the Customer.

The commission structure may include performance-based incentives that depend on the size and profitability of contracts managed. The commission amounts will be transparently communicated to the Customer upon request.

3.3 Administration Fees

In the event of a contract cancellation initiated by the Customer, an administration fee will apply. This fee must be paid within 30 days of receiving the invoice detailing such charges.

The specific amount of the administration fee will be disclosed to the Customer prior to any cancellation request and will reflect the administrative costs incurred by our company.

4. Customer Obligations

The Customer agrees to:

  • Provide Accurate Information: Furnish complete, accurate, and current information as required by us or the Suppliers. This includes business details, contact information, and any other relevant data necessary for service provision.
  • Cooperate with Suppliers: Facilitate all necessary communications and processes related to the Services, including promptly responding to requests for information from us or Suppliers.
  • Maintain Confidentiality: Safeguard the confidentiality of any passwords, user details, and account information. The Customer will be responsible for all activities conducted under their account and must report any unauthorized access immediately to us.
  • Comply with Laws: Adhere to all applicable laws, regulations, and industry standards regarding the use of the Services, including but not limited to data protection laws, consumer protection regulations, and any industry-specific requirements.
  • Notify of Changes: Inform us of any changes in business operations, ownership, or contact information that may affect service delivery or communication.

5. Intellectual Property Rights

All intellectual property rights associated with our Services, including trademarks, service marks, content on our Website, and any materials provided to the Customer, shall remain the sole property of our company and/or our licensors.

Unauthorized use, reproduction, or distribution of our intellectual property may result in civil or criminal liability. The Customer shall not use our trademarks or other intellectual property without prior written consent from our company.

The Customer may not create derivative works based on our intellectual property without express written permission.

6. Limitation of Liability

6.1 General Liability

While we strive to provide accurate and reliable Services, we do not guarantee the performance of third-party Suppliers or the accuracy of information provided by them. The Customer acknowledges that our role is to facilitate connections and services rather than to act as a Supplier.

Our total liability to the Customer for any direct financial loss resulting from our Services shall be limited to the lesser of:

  • The amount the Customer would have saved had our Services been performed correctly; or
  • The total commission received by us from the Supplier as a result of the Contract.

6.2 Exclusions

We shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, data, contracts, or goodwill. This includes, but is not limited to:

  • Any loss incurred by the Customer as a result of relying on our Services.
  • Any damages arising from the Customer’s use of or inability to use the Services.
  • Any claims arising from the actions of Suppliers or third parties, including failures to fulfill contractual obligations.
  • Any losses arising from changes in market conditions or Supplier rates.

6.3 Non-excludable Liability

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury resulting from our negligence;
  • Fraud or fraudulent misrepresentation; or
  • Any other liability that cannot be excluded or limited by law.

7. Data Protection

We take the privacy and protection of the Customer’s personal data seriously. Personal data will be processed in accordance with our Privacy Policy, which is available on our Website.

The Customer agrees to provide necessary information for compliance with data protection laws, including consent for us to access relevant industry databases to facilitate quotes and services.

8. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms if such failure is due to events beyond our reasonable control, including but not limited to:

  • Natural disasters (e.g., floods, earthquakes, storms)
  • Acts of terrorism, war, or civil unrest
  • Strikes or labor disputes
  • Breakdowns of machinery or equipment
  • Government actions or regulatory changes
  • Other events of force majeure

In such cases, we will be entitled to a reasonable extension of time for performing our obligations.

9. No Waiver

Any failure or delay by us in enforcing any of our rights under these Terms does not constitute a waiver of those rights. Any waiver must be made in writing and signed by both parties.

10. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be deemed to be deleted from these Terms. The validity, legality, and enforceability of the remaining provisions shall not be affected.

11. Third Party Rights

Except as expressly provided herein, these Terms are intended solely for the benefit of the parties and do not confer any rights on third parties to enforce any of their provisions.

12. Transfer of Rights and Obligations

These Terms are binding on the Customer and our company and on each party’s respective successors and assigns. The Customer may not transfer, assign, or otherwise dispose of these Terms without our prior written consent. We may transfer, assign, or subcontract any of our rights or obligations under these Terms without restriction.

13. Entire Agreement

These Terms, along with our Privacy Policy and any other documents referred to herein, constitute the entire agreement between the parties concerning the subject matter and supersede any prior agreements or understandings, whether written or oral. Any amendments or modifications to these Terms must be made in writing and signed by both parties.

14. Governing Law

These Terms shall be governed by the laws of England and Wales. Both parties agree to submit to the non-exclusive jurisdiction of the English courts for the resolution of any disputes arising out of or in connection with these Terms.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our Website. The Customer is encouraged to review the Terms regularly to stay informed of any updates. Continued use of our Services following any changes constitutes acceptance of the revised Terms.

16. Contact Information

For any questions regarding these Terms or any other inquiries, please contact us through the contact information provided on our Website.