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Terms & Conditions

**A. ABOUT US**

 

**1. Welcome**

Thank you for choosing SMEnergy Partners Ltd. If you need to contact us about anything related to the SMEnergy Website, please use any contact method available on the SMEnergy Website, or contact us by email at info@SMEnergy.co.uk.

 

**2. About SMEnergy**

The SMEnergy Website is owned and operated by SMEnergy Partners Ltd (referred to as “SMEnergy, we, us, or our”). We are a company registered in England and Wales with company registration number 15439340. Our registered office is located at 86-90 Paul Street, EC2A 4NE, London, United Kingdom.

 

**3. About This Document**

This document contains the terms that apply between you and SMEnergy governing your use of the SMEnergy Website and our services (whether as a visitor or account holder) and your account with SMEnergy (where you have registered for an account). These terms are Version 1, dated 2nd February 2024. By visiting the SMEnergy Website, requesting a quote, or registering for an account with the SMEnergy Website, you agree to be bound by these terms, forming a contract between you and SMEnergy Partners Ltd. When we refer to “you” or “your” in these terms, we mean the business, organization, individual, or other person who has visited, used, or registered with the SMEnergy Website, as well as the person on whose behalf they may be doing so.

 

**4. About the SMEnergy Website**

The “SMEnergy Website” is a website at http://www.SMEnergy.com and/or http://www.SMEnergy.co.uk that enables you to obtain comparison quotes from suppliers of products and services partnered with the SMEnergy Website. Registering for an account with the SMEnergy Website enables you to make an offer to your chosen partner supplier to enter into a supply contract with them. Your account also lets you see details of your supply contracts taken from the partner supplier’s CRM systems (if an integration has been set up with the partner supplier). Further details are provided in the section ‘Our Services’ below. As of these terms, we only support quotes for gas and electricity supplies from a limited number of suppliers, but we plan to grow the range of products and services and partnered suppliers. We do not provide advice, recommendations, or endorsements of any of the products and services on the SMEnergy Website, and quotes are provided and listed impartially. YOU MUST ONLY USE THE SMENERGY WEBSITE FOR THE PURPOSES OF OBTAINING QUOTES FOR PRODUCTS AND SERVICES YOU ARE LOOKING TO PROCURE FOR YOURSELF. YOU MUST NOT USE THE SMENERGY WEBSITE FOR THE PURPOSES OF HARVESTING, OBTAINING, OR VERIFYING DATA FOR ANY OTHER PURPOSE, AND WE MAY BLOCK YOUR IP ADDRESS IF WE SUSPECT THAT THIS IS HAPPENING.

 

**5. How are we paid?**

We do not take payment from you, our customer, for our services. Instead, we receive from our partner suppliers a commission for each supply contract (including a renewal or extension agreement) you enter into with a partner supplier. Depending on our agreement with the partner supplier, this commission may also apply to future supply contracts, renewals, and extensions that you agree directly with the partner supplier. Accordingly, the prices quoted to you by our partner suppliers may take account of such commission. We may choose to publish on the SMEnergy Website the commission rates we charge to our partner suppliers, which may vary from time to time.

 

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**B. OUR CUSTOMERS**

 

**1. Business Customers**

The SMEnergy Website is only for use by businesses, organizations, and other persons seeking to procure products and services for their own use and consumption, solely for business or other non-domestic use and purposes.

 

**2. Domestic Customers**

The SMEnergy Website is not yet intended for use by consumers in obtaining quotes for products and services wholly or partly for domestic use, and you should not use it for this purpose.

 

**3. Intermediaries**

The SMEnergy Website is not yet intended for and does not support use by brokers, agents, or other intermediaries. You should not use the SMEnergy Website if you are visiting, using, or registering in that capacity.

 

**4. Territory**

The SMEnergy Website is only for use in England, Wales, and Scotland. We are not making any offer or promotion outside of those countries.

 

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**C. OUR SERVICES**

 

**1. QUOTATIONS**

 

**Scope**

You can request comparison quotations for products and services from our partner suppliers using the forms and processes on the SMEnergy Website. For some types of quotes, the SMEnergy Website may not offer an automated quotation journey, such as for multiple sites. In such a case, please get in touch, and we would be happy to discuss your requirements and to see if we can support your requirements in another way outside the normal SMEnergy Website quotation journey.

 

**Range of Products and Services**

You will only be able to request quotes on the SMEnergy Website for the products and services supported by the SMEnergy Website from time to time. We are aiming to expand over time the range of products and services we support, but at the time of writing, it is limited to electricity and gas supplies in Great Britain.

 

**Partner Suppliers**

Quotations will come from (and only from) suppliers who have chosen to partner with the SMEnergy Website from time to time. The SMEnergy Website does not offer whole-of-market comparisons.

 

**Prices**

Quotations will be based on the range of prices and products which the partner suppliers have authorized the SMEnergy Website to quote, which may depend on the credit score returned by the credit check below. We work with our partner suppliers to keep the prices presented accurate and up to date. We accept no responsibility for any loss you may suffer if this is not the case. It is possible that not every partner supplier will provide you with a quote. Also, if the integration between a partner supplier’s systems and the SMEnergy Website is not functioning, it is possible that we may not be able to obtain their latest quote, and we may instead provide a quote based on older prices we have agreed with the partner supplier to store on the SMEnergy Website (a cached quote).

 

**Validity**

Quotes provided on the SMEnergy Partners Ltd website are valid at the time of issuance and are subject to change upon subsequent visits. There is no guarantee that a partner supplier will proceed with a quote if you decide to enter into a supply contract, and partner suppliers reserve the right to withdraw quotes for any reason.

 

**Information Checks**

Before obtaining quotes, SMEnergy Partners Ltd may conduct various checks on the information you provide to obtain comparison quotes. For example, in the case of electricity and gas supplies, address and other validation checks on the site and meter details may be carried out. By requesting a quote, you authorize these checks. Quotes may not be provided if the website is unable to validate the information you provided. You may be requested to correct or re-submit your information to continue. Further information about our use of validation information is outlined in our privacy policy.

 

**Credit Checks**

To obtain a quote, you may be required to undergo a credit check by SMEnergy Partners Ltd. A new credit check will be conducted each time you request a new quote. Quotes will only be provided after the credit check has been submitted and returned by the credit reference agency. The current credit reference agency used by SMEnergy Partners Ltd is Experian – www.experian.co.uk, but this may be changed from time to time. The score and backing information returned by the credit reference agency will be used by us with the partner suppliers to decide which of our partner suppliers’ prices and products available to SMEnergy Partners Ltd will be included in the quotes to you. Further information about our use of credit check information is detailed in our privacy policy.

 

**Legal Status**

Quotes are provided on behalf of partner suppliers 'subject to contract'. Any quote received is not a legal offer from the supplier to enter into a contract with you. To proceed with a quote, you need to register for an account and follow the offer journey on the SMEnergy Partners Ltd website. SMEnergy Partners Ltd acts as the agent of the partner supplier only for the purpose of communicating the quotes to you. We are not authorized to make any legal offer to you on behalf of our partner suppliers or enter into any supply contract on behalf of any partner supplier.

 

**OFFER JOURNEY**

 

**Scope**

If you find a quote you wish to proceed with, you need to register for an account to enter into a supply contract with the partner supplier based on that offer. SMEnergy Partners Ltd will provide you with the following services to facilitate your entering into a contract with the relevant partner supplier based on that quote. For some types of quotes, the website may not offer an automated offer journey. In such a case, please get in touch, and we would be happy to discuss your requirements and explore alternative ways to support that offer journey outside the SMEnergy Partners Ltd website.

 

**Supply Contract Terms**

Each partner supplier provides SMEnergy Partners Ltd with a template supply contract and their standard terms and conditions of supply. The website will populate that template with the terms of the offer you wish to proceed with and present this to you along with their standard terms of supply for consideration. We strongly recommend that you consider these carefully and check that you are comfortable with them. You can then decide whether to make a legal offer to the partner supplier to enter into the supply contract based on the quote.

 

**Your Offer**

If you confirm through the SMEnergy Partners Ltd website that you wish to make an offer, then you authorize us as your agent to communicate that offer to the partner supplier on your behalf. You will be subject to the terms of that supply contract and the partner supplier’s standard terms and conditions presented to you by the website, and you agree to be bound by the same in making that offer. NO LEGALLY BINDING CONTRACT WITH THE PARTNER SUPPLIER IS FORMED AT THIS POINT. Your offer will be a legal offer to the partner supplier, capable of acceptance by the partner supplier as detailed below. Your confirmation of the offer may be through such methods as are offered by the partner supplier through the SMEnergy Partners Ltd website. For instance, you may be required to electronically sign the supply contract terms through a service such as DocuSign or equivalent, to which you will be redirected by the website. Alternatively, you may be required to tick a box and click a button on the website to confirm your offer and agreement to pay, actions that may be captured and stored by the website along with any other relevant evidential information. We will then pass details of your offer through to the partner supplier for consideration.

 

**Withdrawing Your Offer**

If you wish to withdraw your offer before it is accepted by the partner supplier, then you must contact the partner supplier directly. SMEnergy Partners Ltd is not authorized to receive or handle any withdrawals of offers through the website.

 

**Acceptance of Offer**

YOUR OFFER ONLY BECOMES A LEGALLY BINDING SUPPLY CONTRACT WHEN THE PARTNER SUPPLIER ACCEPTS IT. It is up to the partner supplier to decide when and how they communicate acceptance to you. For instance, it may be through electronic counter-signature of the supply contract terms or through an email or other communication directly from the partner supplier to you.

 

**Rejection of Offer**

While every effort is made during the sign-up journey to present quotes that you are eligible for with the partner suppliers (based on information and credit score received), all partner suppliers have the right to refuse the supply contract. If a partner supplier rejects your offer, this would be communicated directly to you by the partner supplier. In such a case, you would need to start a new quotation journey if you wanted to proceed with a different quote.

 

**Legal Status**

 

The supply contract terms you access through the SMEnergy Partners Ltd website are not a legal offer from the supplier to enter into a contract with you. A SUPPLY CONTRACT IS ONLY FORMED WHEN THE PARTNER SUPPLIER ACCEPTS ANY OFFER FROM YOU. THE SUPPLY CONTRACT IS BETWEEN YOU AND THE PARTNER SUPPLIER, AND WE ARE NOT PARTY TO IT. We are the agent of the partner supplier only for the purposes of communicating the supply contract terms to you, for you to decide whether to make an offer. We are not authorized to make any legal offer to you on behalf of the partner suppliers or to enter into any supply contract with you on behalf of our partner suppliers. Any supply contract you enter into with a partner supplier through or facilitated by the SMEnergy Partners Ltd website is a contract between you and the partner supplier only.

 

 

YOUR SMEnergy ACCOUNT

 

**Scope**

When you register with the SMEnergy Website, we will provide you with an online account. The online account will have features as determined by us from time to time.

 

**Log-In**

You will be required to specify a username and a strong password as the log-in to your account. The SMEnergy Website will require these for access to your account.

 

**Your Authority**

You agree that any individual accessing and using your account through your log-in is fully authorized to request quotes and submit offers on your behalf. We reserve the right to ask for evidence of such individual and their authority but are not required to do so.

 

**Supply Contract Information**

The SMEnergy Website may integrate with partner supplier systems and provide the ability to view selected information related to each supply contract you enter into via the SMEnergy Website with the partner supplier and any other permitted supply contracts. The range of information will be as decided by the SMEnergy Website, subject to what is available from the partner supplier. You hereby authorize the partner supplier to grant access to their systems to SMEnergy and for the SMEnergy Website to retrieve data concerning you and your supply contracts. To use this feature, you may also need to confirm such authority directly to the partner supplier.

 

**Meter Readings etc**

The SMEnergy Website may integrate with partner supplier systems, and some features of your account may enable you to submit information to your partner supplier, such as meter readings. You authorize us to submit such information as you provide through your account to the partner supplier on your behalf through such integration.

 

**Renewals**

By having an account with us, you permit us to monitor the expiry dates of your supply contracts and to contact you with an invitation to obtain renewal quotes through SMEnergy. These communications may be in addition to any renewal communications sent to you by the partner supplier.

 

**Duration and Termination**

Your account with us will start when we confirm your registration. You shall be entitled to terminate your account at any time by giving us 30 days’ written notice. We shall be entitled to terminate your contract at any time by giving you 30 days’ written notice. See our privacy policy for details of our data retention policy.

 

**YOUR RESPONSIBILITIES**

 

**Account Log-In**

You are responsible for selecting a strong password as the log-in to your account. You must not reuse a password used for any other website. Keep your log-in details safe and secure.

 

**Authority**

Ensure that any individual obtaining quotes via SMEnergy on your behalf is fully authorized. Provide sufficient evidence of their authority on request.

 

**Information From You**

Ensure that all information entered into the SMEnergy Website, especially for the quotation journey, is true, honest, complete, and accurate. Authorize us to supply that information to a credit reference agency for credit checks and to a third party for verification. Authorize us to supply that information to the partner supplier whose quote you decide to proceed with.

 

**Information Provided To You**

Acknowledge that information presented by the SMEnergy Website from partner suppliers is used at your own risk. Check quotes and supply contract terms carefully.

 

**Performance of Supply Contract**

You are responsible for performing each supply contract entered into with a partner supplier. Contact the partner supplier for any contract issues directly. We do not provide customer service on behalf of our partner suppliers.

 

**Confidentiality**

All quotes and supply contract terms supplied to you on behalf of partner suppliers are confidential. Use the SMEnergy Website, supply contract terms, or information obtained through it only for the procurement of products and services for your own use. Keep them confidential and do not disclose them to any other person.

 

**Co-Operation**

Co-operate with us in connection with the provision of any services and the operation of your account on the SMEnergy Website.

 

**Intellectual Property**

Acknowledge that the name ‘SMEnergy’ and our logos belong to us. The copyright and other intellectual property in the SMEnergy Website and its content are and shall remain the sole property of SMEnergy. The only license granted is to access and use our services on the SMEnergy Website.

 

**Consent to Communication**

Consent to SMEnergy communicating with you via any contact details provided by you for the operation of the SMEnergy Website, performance of services, account maintenance, alerts about terms, and information in your online account.

 

**Security and Integrity**

Agree not to do anything affecting the integrity, security, or operation of the SMEnergy Website. Do not use automated systems to access the website on a large scale or mass basis. Do not gather, extract, download, reproduce, or display material on or from the SMEnergy Website without permission.

 

**Links to Third Parties**

Acknowledge that SMEnergy is not responsible for the content of partner supplier websites or other third-party websites linked on the SMEnergy Website. SMEnergy does not endorse these websites.

 

**SERVICES**

 

**Provision**

When you have an account with us, SMEnergy agrees to provide the services as described in these terms.

 

**Standard**

When you have an account with us, we agree to provide the services with reasonable care and skill, and in accordance with the description set out in these terms.

 

**Downtime**

The SMEnergy Website may be unavailable during periods of scheduled downtime for maintenance, repair, and upgrade.

 

**Block Access**

We shall be entitled to immediately (and without notice) terminate and block access to the SMEnergy Website or any account for any person or IP address without notice if we have any ground to suspect that it is being accessed and used contrary to these terms.

 

**COMPLIANCE**

 

**Anti-Bribery**

Where applicable, you and we each agree to comply with applicable anti-bribery and anti-corruption laws, including the Bribery Act 2010, and not to cause the other to be guilty of an offense under those laws.

 

**Criminal Finances Act**

Where applicable, neither you nor we shall commit an offense under section 45 and/or section 46 of the Criminal Finances Act 2017, or a UK Tax Evasion Offense or a Foreign Tax Evasion Offense, as construed in accordance with Part 3 of the Criminal Finances Act 2017.

 

**Modern Slavery**

Where applicable, SMEnergy will comply with the Modern Slavery Act 2015 and not commit any offense under the same.

 

**CONFIDENTIALITY**

 

**Undertaking**

You and we each undertake to keep confidential any information of the other disclosed in connection with the contract or services or through the SMEnergy Website. This includes information in or about the SMEnergy Website, quotes obtained through it, supply contract terms of partner suppliers, information obtained or verified by the SMEnergy Website, and our commission rates. In your case, this is any information you provide to us, including through the SMEnergy Website, and any information concerning your supply contracts obtained from the partner suppliers.

 

**Non-Disclosures**

You and we each undertake not to disclose any confidential information of the other except as provided in these terms or with the express written permission of the other.

 

**Permitted Disclosures – Mutual**

You and we can disclose confidential information to affiliated companies, directors, employees, professional advisors, those of affiliated companies, and any permitted assignee of the contract where they have a legitimate reason to know the same with reference to the permitted use under these terms.

 

**Permitted Disclosures – Legal**

You and we can disclose confidential information to any person where required by any applicable legislation or rules of any stock exchange (which may be a non-confidential disclosure where required by such legislation). You and we can disclose confidential information where necessary to enforce the terms of the contract, but such disclosure shall be in confidence except where this is not possible to enforce the contract. We shall be entitled to disclose your information to any person, including any legal or regulatory body, not in confidence, where we have grounds to suspect misuse of the SMEnergy Website and we are doing so to investigate, prevent, mitigate, and obtain compensation for such misuse.

 

**Permitted Disclosures – SMEnergy**

You and we can disclose confidential information in confidence to the credit reference agency for credit checks, to a third-party validation service for validating any information you provide, to the providers of the software and systems that make up the SMEnergy Website, to a partner supplier to whom you make an offer in respect of a quote, and to a partner supplier where you use features in the SMEnergy Website to obtain or submit information from or to a partner supplier’s systems.

 

**Security**

We and you shall each take appropriate technical and organizational measures against unauthorized access to or use of, and against loss or theft of, the confidential information of the other.

 

**Permitted Use**

Neither you nor we shall use the other’s confidential information for any purpose other than the following, which are hereby permitted: (a) to perform the contract; (b) to enforce the contract; (c) to administer its business using or providing the services under the contract; (d) to provide the services and operate the SMEnergy Website; (e) to obtain credit scores, and such usage as a credit reference agency would normally make when a credit search is made with them; (f) to verify any of your information; (g) to exercise any rights under these terms.

 

**Excluded Information**

The following information shall not be covered by this section ‘Confidentiality‘ or be considered as confidential: (a) information already known to the recipient on a non-confidential basis before disclosure; (b) information in the public domain, unless it got there from a person entitled to make a non-confidential disclosure of the same; (c) information obtained from a third party entitled to make a non-confidential disclosure of the same; or (d) is duplicated in information independently created by the recipient without knowledge of the confidential information disclosed to it.

 

**LIMITATIONS AND EXCLUSIONS OF SMENERGY LIABILITY**

 

**Claims Covered**

This section ‘Limitations and Exclusions of SMEnergy Liability‘ covers claims you may have against us under or relating to or arising out of the contract, services, and/or SMEnergy Website, including: (a) for breach of contract or contractual negligence; (b) under any indemnity or other express term; (c) for any non-contractual negligence or other tort, including negligent misstatement; (d) under any legislation or common law, including any breach of statutory or common law duty; (e) for any misrepresentation in connection with the contract, services, or SMEnergy Website.

 

**Not Affected – Fraud**

Claims for fraud or fraudulent misrepresentation are not covered by any limitation or exclusion below.

 

**Not Affected – Personal Injury**

Claims for personal injury or death caused by negligence are not covered by any limitation or exclusion below.

 

**Not Affected – Legally Prohibited**

Claims that the law prohibits from being limited or excluded are not covered by the limitations or exclusions below.

 

**Limited – Confidentiality**

Claims for breach of a contractual, common law, or statutory duty of confidentiality are not covered by any limitation or exclusion below, except for the limit in section ‘Second Limit – Aggregate‘ below.

 

**Excluded – Consequential Loss**

SMEnergy shall not be liable for any unforeseeable, consequential, indirect, or special loss or damage caused by or arising out of a claim.

 

**Excluded – Your Breach**

SMEnergy shall not be liable for any claim or loss resulting from your failure to comply with these terms or from any information you provided. If you misuse the SMEnergy Website, then we shall have no liability for any claim or loss arising out of or in the course of such misuse.

 

**Excluded – Partner Suppliers**

We shall not be liable for any claim or loss caused by a breach by the partner supplier of any supply contract.

 

**Excluded – Misrepresentation**

You shall have no remedies in misrepresentation for representations relied on in entering into the contract or any supply contract.

 

**Excluded – Types of Loss**

We shall not be liable for any of the following (whether direct or indirect) caused by or arising out of a claim: loss of opportunity; loss of profit; loss of revenue; loss of contract; loss of bargain or expected savings; increased costs; excess of costs over income; increased costs of borrowing; liability to a third party; loss of contract; harm to reputation; or loss of goodwill.

 

Excluded – Force Majeure

We shall have no liability for any non-performance of our services, failure of the SMEnergy Website, or claims, to the extent that they are caused by or result from any event or circumstance of force majeure or otherwise outside our reasonable control.

 

Limit – Per Quote

Our liability for any claim arising out of or connected with any quote or associated supply contract is limited to the lesser of: (a) £1,000; and (b) if it can be ascertained, the amount of the commission we were paid in respect of the same (or would have been paid in respect of the same had a supply contract resulted).

 

Limit – Aggregate

Without prejudice to the previously stated limit, our liability is limited to £100,000 for all claims in aggregate, whenever arising or made, except for any claims to which only section ‘Second Limit – Aggregate‘ is applied by any term of the contract.

 

Second Limit – Aggregate

Without prejudice to any previously stated limit, our liability is limited to £500,000 for all claims in aggregate, whenever arising or made.

 

Indemnity – Third Parties

If you are accessing the SMEnergy Website on behalf of a third party, then we shall have no liability to that third party for any loss suffered by that third party or for any claims of that third party, and you agree to indemnify and hold us harmless against any such claims.

 

MISCELLANEOUS

 

Assignment

You and we shall not assign, transfer, declare a trust over, or charge or otherwise dispose of the benefit of the contract. However, you and we may each assign the benefit of the contract to a person who is acquiring all or substantially all of our business and assets.

 

Agency

We are not your agent except as expressly stated in the description of the services above.

 

Partnership

The contract does not create any legal partnership or joint venture between us. We are also not in any legal partnership with any partner supplier of the SMEnergy Website, and the term ‘partner‘ is just used informally.

 

Third Party Rights

Only you and we shall have any rights and benefits under the contract. The Contracts (Rights of Third Parties) Act 1999 is hereby excluded.

 

Notices

Notices under the contract from you to us must be given by email to info@smenergy.co.uk. Notices by us under the contract may be given by email or post to any of the addresses listed in your SMEnergy account on the SMEnergy Website.

 

Law

The law of England and Wales governs the contract and any related contractual and non-contractual disputes and claims.

 

Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction to settle any contractual or non-contractual dispute or claim relating to the contract.

 

Interpretation

Headings shall not be used in interpreting the terms. A “person” includes an individual, company, or other legal entity. “company,” “subsidiary,” and “holding company” have the meanings in Section 1159 of the Companies Act 2006. The singular includes the plural and vice versa. Words that follow any of “including,” “such as,” and “for example” shall not limit the meaning of what came before. A reference to any legislation is to it, and any secondary legislation under it, as amended, extended, or re-enacted from time to time. “Writing” or “written” includes e-mail or publication on the SMEnergy Website. “Law” means any law in force from time to time in all or any part of England and Wales.

 

MANAGEMENT OF AND CHANGES TO THESE TERMS

 

Entire Terms

These terms, and the implied terms below, are the entire terms of the contract between you and us.

 

Implied Terms

Except for the following, all terms implied under statute, common law, custom and practice, usage, or previous dealings are hereby excluded to the fullest extent permitted by law. Any terms that are implied by a court to give the contract business efficacy,

 

Severance

The terms are separate and severable. If any term is invalid or unenforceable, it shall be deleted, but the rest of the terms shall stay in force.

 

Waiver

Any failure or delay in exercising any right or remedy shall not constitute a waiver.

 

Variation

Without prejudice to any unilateral rights of variation set out in these terms, no variation which you consider has been agreed shall be effective unless agreed in a written communication from us or signed by us.

 

Our Right to Change

We shall be entitled to vary and amend these terms at any time and from time to time by updating them on the SMEnergy Website, or by email to you, or by a general notice placed in your online account home page. Your continued use of the SMEnergy Website following any such change shall constitute your acceptance of the revised terms, which will apply to any future use made by you of the SMEnergy Website. You must monitor the SMEnergy Website for any changes to these terms.

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