ENERGY PRICE SAVER TERMS OF BUSINESS 01/2020
Terms & Conditions
These Conditions apply to all Services provided by Energy Price Saver Ltd or our authorised representatives or subcontractors (us/our/we/Energy Price Saver) to the recipient of such supplies (you/your).
The following definitions and rules of interpretation apply in this Agreement.
Agreement: the agreement between the Customer and Energy Price Saver Ltd for the supply of Services in accordance with the Letter Of Authority (LOA) and these Conditions;
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
Commencement Date: will be the date on which the LOA is signed;
Conditions: these terms and conditions as amended from time to time in accordance with Clause 2.3;
Data Protection Legislation: all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the UK, including the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK);
Existing Contract: the contract which is binding between yourself and your energy supplier at the Commencement Date;
LOA: your signed Letter Of Authority (LOA) appointing Energy Price Saver Ltd to supply the Services;
Services: the services, including monitoring, providing quotations, recommending and advising and any other services we may supply as part of this Agreement including those expressly stated within the LOA.
Supply of Services
2.1 We shall use all reasonable endeavours to supply the Services to you in accordance with the LOA.
2.2 We shall use all reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
2.3 We reserve the right to amend the LOA and these Conditions if necessary to comply with any applicable law or regulatory requirements, or if the amendment will not materially affect the nature or quality of the Services, and we shall notify you in any such event.
Termination of Existing Contract
3.1 If you intend to change your energy supplier notice of termination must be given to your current supplier. A new contract cannot be entered into with a new energy supplier whilst there is an Existing Contract with another energy supplier.
3.2. If authorised to do so by the LOA we will take reasonable steps to give notice to terminate your Existing Contract.
3.3 We cannot attempt to issue termination of your Existing Contract on your behalf without a valid LOA.
3.4 If you have opted out of giving authority to us to terminate then you accept full responsibility for terminating your Existing Contract.
3.5 Failure to terminate your Existing Contract may result in a contract extension and an increased price change by your current supplier. We will not be liable for any direct or indirect loss, cost, damage or expense that may occur from a failure to terminate your Existing Contract.
4.1 You shall:
4.1.1 Ensure that any information you provide is complete and accurate;
4.1.2 Cooperate with us in all matters relating to the Services; and
4.2 If you elect to terminate your Existing Contract yourself it is your sole responsibility to notify your current supplier of your intention to go to tender to all suppliers and terminate should you proceed with a new supplier.
Data protection and data processing
5.1 We each will comply with all applicable requirements of the Data Protection Legislation. This Clause 5 is in addition to, and does not relieve, remove or replace, either of our obligations under Data Protection Legislation.
5.2 You acknowledge that for the purposes of the Data Protection Legislation, you are the data controller and the Energy Price Saver Ltd is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
5.3 Without prejudice to the generality of Clause 5.1, you will ensure that you have all necessary and appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) to us for the duration and purposes of the Agreement.
5.4 We may collect Personal Data from our correspondence with you for the purpose of providing you with the Services and/or for identification purposes. If Personal Data is needed to meet legal obligations after the Agreement has expired then this will be kept for a period of 3 years. After 3 years any Personal Data not needed will be deleted.
5.5 We may on occasion pass your Personal Data to third parties exclusively to process work on our behalf. We require all third parties to process this data based on our instructions and requirements consistent with this Clause 5 and the Data Protection Legislation. We will not pass on any Personal Data gained under the Agreement without your consent.
5.6 We may be required to disclose your Personal Data in order to comply with legal requirements.
GDPR Compliance Statement
Energy Price Saver Ltd (“Energy Price Saver”) respects and complies with the EU General Data Protection Regulations (GDPR).
6.1 Some of the key ways we comply with these regulations are:
We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.
In the event of a breach we will notify affected users within 5 working days of first having become aware of the breach.
Right to Access
Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, free of charge, in an electronic format.
Right to be Forgotten
Once we have compared your (the subjects') rights to "the public interest in the availability of the data", we may delete your personal data where you have requested this.
We allow you to receive the personal data concerning you, which we will provide in a 'commonly used and machine readable format' and you have the right to transmit that data to another ‘controller’.
Privacy by Design
We implement appropriate technical and organisational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of data subjects'. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.
6.2.1 - What do we do with your information?
If you choose to fill in a contact form on our website, we will store that information for 12 months and only use it for the purpose of contacting you in relation to that enquiry.
Email marketing: With your explicit permission, we may send you emails about our products and other updates.
6.2.2 - Consent
How do you get my consent?
When you provide us with personal information we ask you to explicitly consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
6.2.3 - Disclosure
We may disclose your personal information if we are required by law to do so.
6.2.4 - Data Storage
Your data is stored through Energy Price Saver’s data storage and databases. We store your data on a secure server behind a firewall.
6.2.5 - Third-party services & links
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
When you click on links on our site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
6.2.6 - Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your personal information, the information is encrypted using secure socket layer technology (SSL) and stored with industry-standard encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we implement generally accepted industry standards.
6.3 How do I withdraw my consent? Questions and contact information.
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at the address below. Or if you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at :-
Help@EnergyPriceSaver.com or mailing us at: Energy Price Saver Limited, 37, Pinewood Ave., Bolton Le Sands, Carnforth, United Kingdom.
Limitation of liability
7.1 Nothing in these Conditions limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation.
7.2 Subject to Clause 6.1 and Clause 6.3, Energy Price Saver’s total liability to you shall not exceed £1,000,000. The total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising in connection with the provision of the Services.
7.3 Subject to Clause 6.1, Energy Price Saver Ltd shall not be liable to you for any of the following:
(i) Loss of profits
(ii) Loss of sales or business
(iii) Loss of agreements or contracts
(iv) Loss of anticipated savings
(v) Loss of use or corruption of software, data or information
(vi) Loss of or damage to goodwill
(vii) Indirect or consequential loss
7.4 Except as is set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
7.5 This Clause 6 shall continue to have full effect following the expiry or termination of the Agreement.
8.1 Energy Price Saver Ltd shall have the right to subcontract any of our obligations under the Agreement but Energy Price Saver Ltd shall remain liable for the performance of the Services subject to the terms of these Conditions.
9.1 The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
10.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the provision of Services to you by Energy Price Saver Ltd.