Energy Broker Services
Terms & Conditions
Terms and Conditions of Business for Energy Link Gas Connections Limited for Business Energy Broker Services
1.0 DEFINITIONS
1.1 “Terms and Conditions” means the Terms and Conditions of supply of the Services as set out in this document and subsequent terms and conditions agreed by us;
1.2 “Agreement” means an agreement whether verbal or otherwise for the provision of services incorporating these Terms and Conditions;
1.3 “Customer” means any person aged 18 or over or authorised company representative that requests Services from Us;
1.4 “Letter of Authority” means the document issued for signature by Us to the Customer for authorisation to carry out the Services on behalf of the Customer;
1.5 “Energy Supplier” means a company or entity that is licenced by the applicable government regulator to supply gas and/or electricity and/or water to individuals and businesses within the mainland United Kingdom;
1.6 “Energy Supply Contract” means a contract document provided by the Energy Supplier and signed by the Customer for the purposes of supplying gas, electricity or water to the Customer’s premises;
1.7 “Services” means Energy Broker Services, which may include advice, and/or the procurement of gas and/or electricity and/or water prices from Energy Suppliers and/or renewal Energy Supply Contract prices from Energy Suppliers and/or new or renewal Energy Supply Contract documents from Energy Suppliers and/or metering services provided by Energy Suppliers and/or providing Change of Tenancy/Occupier Services and/or billing query Services and/or metering query Services;
1.8 “Us”, “We” or “Our” means Energy Link Gas Connections Ltd registered in England & Wales, Trading as E. L. Gas Connections Ltd.
2.0 GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by Us to the Customer and shall supersede any other documentation or communication between the Us and the Customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by Us.
2.3 Except as expressly provided herein, nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which We may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3.0 SERVICES AND DELIVERY
3.1 The Agreement between Us and the Customer, incorporating these Terms and Conditions, shall only come into force when Customer signs our Letter of Authority and We confirm the same in writing to the Customer. Prior to any confirmation We shall not be under any obligation to provide any Services until the Customer has accepted these Terms and Conditions.
3.2 We may use the services of a third-party aggregator to provide the Services.
3.3 We shall at no time be acting as an agent for the Customer.
3.4 The Customer must fully and accurately provide information to Us to enable the production of the Services. Failure to provide full and accurate information may result in the requirement for Us to repeat the Services which may incur charges. The Customer shall take all reasonable steps to inform Us of any new information or changes to their requirements that may affect the delivery of the Services.
4.0 PRICE AND PAYMENT
4.1 We shall be remunerated directly by the successful Energy Supplier that we may introduce or re-introduce and from which the Customer may elect to accept and sign an Energy Supply Contract.
4.2 The remuneration shall be equal to a fractional uplift applied to the unit rate per kilowatt hour (kWh), charged to the Customer by the Energy Supplier and the rate specified on the Energy Supply Contract. All other Energy Supplier charges including standing charges are unaffected.
4.3 The precise uplift applied to the Energy Supply Contract unit rate shall be by agreement between Us and the Energy Supplier and shall be based upon market conditions at the time and the estimated annual kWh consumption at the start of the Energy Supply Contract term. The fractional uplift shall be multiplied by the number of kWh expected to be consumed by the Customer throughout the term of the Energy Supply Contract and as estimated by the Energy Supplier.
4.4 Our remuneration shall be subject to reconciliation by the Energy Supplier at the end of the contract and full or partial repayment by Us to the Energy Supplier.
4.5 The payment to Us by the Energy Supplier may or may not continue if the Customer subsequently exceeds the estimated annual kWh consumption, accepts a renewal offer directly from that Energy Supplier, or the customer allows the contract to automatically renew as applicable.
5.0 CUSTOMER OBLIGATIONS
5.1 By signing the Letter of Authority, the Customer is deemed to have appointed Us to search for and obtain gas and/or electricity and/or water contract prices on their behalf.
5.2 The Customer is not obligated to accept any Energy Supply Contract price quotation that We shall obtain. However, where the Customer agrees an Energy Supply Contract with an Energy Supplier directly, using pricing information that We have provided to the Customer, We reserve the right to charge the Customer, costs up to the value of commission that We would reasonably have expected to receive from that Energy Supplier, had We obtained the said Energy Supply Contract.
5.3 When the Customer accepts and signs an Energy Supply Contract obtained by Us from an Energy Supplier, the Customer shall be deemed to have accepted the remuneration arrangement as explained in 4.0 of these Terms and Conditions. The unit rate fractional uplift applied to the Energy Supply Contract shall be revealed to the Customer upon any reasonable request.
5.4 Where the Customer accepts and signs an Energy Supply Contract document provided by an Energy Supplier, whether or not We have procured the document on behalf of the Customer, the contract formed shall be exclusively between the Energy Supplier and the Customer. We shall not be party to any Energy Supply Contract.
5.5 The Customer shall cooperate with all reasonable requests from Us.
5.6 The Customer shall apply for, obtain and meet the cost of all necessary approvals and permissions required to complete the Services prior to the commencement of the work.
5.7 The Customer shall keep us informed of their intentions in a timely manner including the appointment of another energy broker or Energy Supplier that we have not introduced.
5.8 The Customer shall be liable for any expenses incurred by the Us as a result of the Customer’s failure to comply with the obligations as defined by these Terms and Conditions.
6.0 OUR OBLIGATIONS
6.1 We shall not act as agent for the Customer.
6.2 We shall provide and co-ordinate the Services with reasonable skill, care, impartiality and to a reasonable standard. The overriding principle shall be to achieve financial savings for the Customer where possible.
6.3 We shall be under no obligation to research the energy marketplace in its entirety when providing the Services.
6.4 We shall comply with all relevant health and safety obligations.
6.5 We shall take all reasonable steps to co-ordinate the Services within the time agreed with the Customer.
6.6 We shall handle all data provided to us by the Customer in the strictest confidence and in accordance with current and applicable legislation.
7.0 LIMITATION OF LIABILITY
7.1 Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury. We shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
7.2 We shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
7.3 For the avoidance of doubt, time shall not be of the essence and We shall incur no liability to the Customer
in respect of any failure to complete the Services by any agreed completion date.
8.0 INDEMNITY
8.1 The Customer shall indemnify Us against all claims, costs and expenses which We may incur and which arise
directly or indirectly from the Customer’s breach of any obligations under these Terms and Conditions.
9.0 FORCE MAJEURE
9.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10.0 ASSIGNMENT
10.1 The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without Our prior written consent.
11.0 SEVERANCE
11.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12.0 WAIVER
12.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
13.0 NOTICES
13.1 Any notice given Us to the Customer may be served by email, fax, personal service or by post and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
14.0 ENTIRE AGREEMENT
14.1 These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
15.0 GOVERNING LAW
15.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Version 1.1 16th November 2023.
Company Details
E. L. Gas Connections is a trading name of Energy Link Gas Connections Limited. Company registered in England & Wales, Number: 07732715. VAT Number: 123001684.
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