INDEPENDENT ENERGY BROKERAGE & CONSULTANCY SERVICES
1. DEFINITIONS
For the purposes of this Agreement:
"Agreement" means the contractual relationship between the Company and the Customer as set out in these Terms and Conditions and the Letter of Authority.
"The Company" means Quality Care Utilities Ltd, an independent energy broker and consultancy.
"The Customer" means the business, sole trader, partnership or corporate entity engaging the Company's services.
"Commission Payment" means the remuneration payable to the Company by the Supplier as a result of the Customer entering into an energy supply Contract facilitated by the Company.
"Contract" means the energy supply agreement entered into between the Customer and the Supplier following the Company's brokerage services.
"Customer Breach" means any act or omission by the Customer that constitutes a breach of this Agreement.
"Letter of Authority (LOA)" means the written authorisation signed by the Customer permitting the Company to act on its behalf in relation to energy procurement and associated services.
"Supplier" means a licensed UK energy supplier with whom the Customer enters into an energy supply Contract.
"Brokerage Services" means the Company's services in sourcing, negotiating, arranging and facilitating commercial energy supply agreements.
"Consultancy Services" means the Company's advisory services relating to energy procurement, consumption, costs, contract reviews and energy management.
2. SUPPLY OF BROKERAGE SERVICES
2.1 This Agreement shall come into existence when the Letter of Authority signed by the Customer is received by the Company.
2.2 The Company acts as an independent energy broker and intermediary, assisting business customers in sourcing and arranging commercial electricity and gas supply contracts.
2.3 The Company works with a range of licensed UK energy suppliers but does not have access to every supplier or tariff available in the market. The Company is not a comprehensive price comparison service.
2.4 The Company does not guarantee that it will arrange the cheapest energy supply available. When assessing suitable contracts, the Company considers various factors, including price, contract duration, supplier reputation, commercial terms and the Customer's requirements.
2.5 The Company will use reasonable skill and care when providing its services and will seek to identify an energy supply option that, in its professional opinion, is suitable for the Customer.
2.6 The final energy supply agreement is entered into between the Customer and the chosen Supplier. The Supplier remains responsible for the actual supply of energy and the performance of its obligations under that agreement.
3. ENERGY CONSULTANCY SERVICES
3.1 In addition to its energy brokerage services, the Company may provide energy consultancy services to business customers. These services may include:
3.2 The Company shall use reasonable skill and care when providing consultancy services and shall endeavour to provide recommendations based on the information available to it at the time.
3.3 Any recommendations or advice provided by the Company are based on the information, consumption data, market conditions and circumstances made available to the Company. The Customer acknowledges that energy prices, market conditions, supplier terms, technological advancements, and regulatory requirements may change.
3.4 The Company does not guarantee that any recommendation, procurement strategy, compliance support, or consultancy advice will result in a particular level of financial saving, reduction in energy costs, carbon reduction, or commercial benefit.
3.5 Save for the explicit scope of energy management, carbon data reporting, and sustainability advisory services outlined in Section 3.1, and unless expressly agreed otherwise in writing, the Company's consultancy services do not constitute formal legal, financial, tax, structural engineering, or statutory corporate law advice. The Customer remains responsible for its own commercial decisions and for entering into any energy supply or technology installation agreement.
3.6 Where consultancy services are provided without a separate written fee agreement, they shall be considered part of the Company's standard brokerage service. Any additional consultancy fees, compliance auditing charges, or project management fees for renewable installations must be agreed with the Customer in writing before the relevant services are undertaken.
4. COMMISSION & FEE DISCLOSURE
4.1 The Company does not charge the Customer a direct upfront fee for its standard brokerage services. The Company's remuneration is earned through commission payments made by the chosen energy Supplier.
4.2 Commission is incorporated into the unit rate of the energy supply contract, expressed in pence per kilowatt-hour (p/kWh).
4.3 The Company contractually guarantees that its commission uplift shall not exceed a maximum of 1.0p per kWh on any energy supply contract facilitated by the Company.
4.4 The Company is committed to transparency regarding its remuneration. Before the Customer formally enters into an energy supply Contract, the Company shall disclose in writing:
This information shall be provided alongside the relevant Principal Terms or contract quotation before the Customer signs the energy supply agreement.
4.5 The Customer acknowledges that the Supplier is responsible for paying the agreed Commission Payment to the Company in accordance with the relevant commercial arrangements between the Company and the Supplier.
4.6 The Company shall not seek to conceal or misrepresent its commission arrangements and shall provide reasonable clarification regarding its remuneration upon request.
5. CUSTOMER OBLIGATIONS
5.1 The Customer agrees to cooperate with the Company in all matters relating to the provision of Brokerage Services and Consultancy Services.
5.2 The Customer shall ensure that all consumption data, meter information, business details and documentation provided to the Company are complete, accurate and up to date.
5.3 The Customer agrees to notify the Company promptly of any changes that may affect an energy supply Contract, including changes to business ownership, tenancy, occupancy, site requirements or meter arrangements.
5.4 The Customer is responsible for reviewing the Principal Terms, contract duration, pricing, commission disclosure and other relevant contractual information before signing an energy supply agreement.
5.5 The Customer acknowledges that once an energy supply Contract has been accepted by the Supplier, the Customer shall be bound by the terms and conditions of that separate supply agreement.
5.6 The Customer agrees not to knowingly provide false or misleading information or take deliberate action intended to interfere with the Company's legitimate contractual entitlement to commission.
6. CUSTOMER BREACH, TERMINATION & PROTECTION OF COMMISSION
6.1 Without affecting any other right or remedy available to it, the Company may suspend or terminate this Agreement where the Customer commits a material breach of its obligations under this Agreement, becomes insolvent, enters administration or liquidation, or ceases trading.
6.2 The Customer agrees to comply with its obligations under this Agreement and to provide all necessary information and documentation to enable the energy supply Contract arranged through the Company to commence and remain in force.
6.3 Where a breach of this Agreement by the Customer directly results in the failure of an energy supply Contract to commence, or its premature termination, the Company reserves the right to seek recovery of any demonstrable financial losses directly arising from that breach, subject to applicable law.
6.4 Any compensation sought by the Company shall be reasonable, proportionate and based on the actual financial loss suffered. The Company shall take reasonable steps to mitigate any such loss.
6.5 Nothing in this Agreement shall limit or exclude any rights or remedies available to either party under applicable law.
7. CONFIDENTIALITY & DATA PROTECTION
7.1 The Company shall treat all commercially sensitive information, energy consumption data, pricing information and business documentation received from the Customer as confidential.
7.2 The Company shall only use Customer information for purposes connected with the provision of Brokerage Services, Consultancy Services, contract administration and other legitimate business purposes.
7.3 The Company shall take appropriate technical and organisational measures to protect Customer information against unauthorised access, loss, misuse or disclosure.
7.4 The Company shall process personal data in accordance with applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018.
7.5 Customer information may be shared with relevant energy Suppliers and other necessary third parties where required to obtain quotations, arrange energy supply contracts or provide the agreed services.
7.6 Further information regarding the Company's handling of personal data shall be provided in its Privacy Notice.
8. COMPLAINTS HANDLING & REGULATORY REDRESS
8.1 If the Customer is dissatisfied with any aspect of the Company's services, the Customer should submit a formal complaint to the Company's customer care team using the contact details provided by the Company.
8.2 The Company shall acknowledge complaints within 48 hours and aim to provide a full response and resolution within eight weeks.
8.3 The Company is registered with the Energy Ombudsman under ADR Scheme Registration Number: C35QUAL01.
8.4 If the Company is unable to resolve a complaint within eight weeks, or an official deadlock status is reached, eligible microbusiness and SME customers may have the right to escalate their complaint to the Energy Ombudsman free of charge, subject to the applicable scheme eligibility requirements.
8.5 The Company shall cooperate with any applicable alternative dispute resolution process and comply with relevant regulatory requirements.
9. INDEPENDENCE & SUPPLIER RELATIONSHIPS
9.1 The Company operates as an independent energy brokerage and consultancy and may maintain commercial relationships with multiple licensed energy Suppliers.
9.2 The Company may receive commission from Suppliers for contracts successfully arranged on behalf of Customers.
9.3 The Company shall disclose its commission arrangements in accordance with Section 4 of this Agreement.
9.4 The Customer acknowledges that the Company does not own, operate or control the energy distribution networks or the actual supply of electricity or gas.
9.5 The Supplier remains responsible for billing, meter administration, energy delivery, customer accounts and the fulfilment of its obligations under the energy supply Contract.
10. GOVERNING LAW & JURISDICTION
10.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.
10.2 Both parties submit to the jurisdiction of the courts of England and Wales in relation to any dispute arising out of or in connection with this Agreement.
11. GENERAL PROVISIONS
11.1 This Agreement, together with the relevant Letter of Authority and any applicable written service agreements, constitutes the agreement between the Company and the Customer in relation to the services provided.
11.2 Any amendment to these Terms and Conditions shall be made in writing and communicated to the Customer.
11.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11.4 No failure or delay by the Company in exercising any right or remedy shall constitute a waiver of that right or remedy.
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