- Appointment of AU
By either returning a signed Letter of Authority (LOA) to AU or by continuing to engage with AU’s products, services, or associated offerings after being informed of these Terms of Agreement, the Customer agrees to be bound by these terms.
- Customer’s Obligations
The Customer shall promptly inform AU of significant operational changes that may affect the supply contract or the provision of AU’s services. This includes, but is not limited to, changes in tenancy, significant alterations in energy requirements, and changes in business ownership or financial status.
- Fees and Commissions
AU’s remuneration comes from commissions paid by Suppliers, which are factored into the unit rates charged to the Customer. AU commits to transparency regarding commission amounts upon the Customer’s request. For micro-businesses, commission values will be clearly detailed in accordance with Ofgem guidelines.
- Procurement Process
AU commits to using reasonable efforts to secure advantageous Supply Contracts for the Customer, based on the comprehensive portfolio information provided by the Customer.
- Market Volatility: The energy market is volatile, and prices/rates can change within hours. Suppliers may withdraw offered rates at any time.
- Transfer to Different Supplier: A request to transfer the supply to a different Supplier will be objected to by the current Supplier if there are still outstanding payments to be made. The Customer undertakes to settle any outstanding payments with the incumbent Supplier as soon as possible.
- Limitation of Liability
General Liability: AU shall not be liable for any loss or damage suffered by the Customer, except where such loss or damage arises from AU’s negligence or wilful misconduct. This includes direct, indirect, or consequential losses arising in connection with the services provided under this Agreement.
- Cap on Liability: The total liability of AU to the Customer for any and all claims shall not exceed the amount of commission received by AU for the Supply Contract in question or £1000, whichever is lower. This cap does not apply to liabilities that cannot lawfully be limited, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
- Acknowledgement of Risks: The Customer acknowledges that energy markets are volatile and that AU’s role is to facilitate the best possible contract terms based on information available at the time. AU cannot guarantee specific outcomes from its services.
- Good Faith and Reasonable efforts: AU will act in good faith and use reasonable efforts in providing its services to the Customer. AU’s liability for misrepresentations, missed communications, or unclear instructions is limited to situations of negligence or failure to act according to professional standards.
- Force Majeure: AU shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of nature, government actions, labour strikes, or other force majeure events.
- Data Accuracy:
10.1 – AU relies on data provided by the Customer or third-party sources for procurement decisions. AU shall not be liable for inaccuracies or errors in such data, and the Customer acknowledges that data accuracy is subject to limitations.
10.2 – AU acts as a messenger, conveying information from suppliers such as Statements of Account (SOA) and debt reports without creating or modifying the content. Consequently, we bear no responsibility for the accuracy of the information provided. Customers are responsible for supplying actual meter readings to their suppliers to guarantee precise billing. Affiliated Utilities cannot be held liable for any billing inaccuracies arising from delayed or estimated readings.
- Supplier Actions: AU shall not be liable for any actions or failures to act by Suppliers, including but not limited to billing errors, disruptions in energy supply, or changes in contract terms. AU is an intermediary between the Customer and Suppliers and does not control Supplier actions.
- Market Fluctuations: AU shall not be liable for any financial losses incurred due to market fluctuations, changes in energy prices, or economic conditions. The Customer acknowledges that energy markets are subject to volatility.
- Interruptions and Delays: AU shall not be liable for interruptions or delays in the procurement process, which may impact the timing of Supply Contracts. AU will use reasonable efforts to minimize such interruptions or delays. Suppliers charge excessive out-of-contract rates from the date a contract ends. We cannot be responsible for any consequences arising from terminating or failing to give notice of termination of your supply contract. There may be occasions where, despite submitting the contract, the supply transfer is delayed or not transferred, and the contract does not ‘go live on its start date. Once AU has submitted the contract, the execution of the contract or part thereof is the responsibility of you and the Supplier. We cannot be held responsible for any action or omission by the Supplier, delay or non-transfer of the supply, or failure for the contract not going live for whatever reason or howsoever caused.
- Third-Party Claims: AU shall not be liable for claims or disputes arising from interactions between the Customer, AU, and third parties, such as energy Suppliers or regulatory authorities. The Customer is responsible for resolving such claims or disputes.
- Unauthorized Actions: AU shall not be liable for any unauthorized actions or decisions made AU, the Customer or any third parties acting on their behalf.
- Regulatory Changes: AU shall not be liable for any adverse consequences resulting from changes in energy regulations, tariffs, or government policies beyond AU’s control. The Customer is responsible for adapting to regulatory changes.
- Disclaimer of Warranty: AU makes no warranties or representations, whether express or implied, regarding the results or outcomes of the procurement process or the suitability of specific Supply Contracts. AU provides services based on available information and market conditions. We do not warranty the accuracy or completeness of the content, data, or information in any communication.
- Regulatory Compliance and Additional Provisions:
The Customer is responsible for ensuring their compliance with applicable laws and regulations relating to energy supply. AU agrees to conduct its business in accordance with all relevant laws and regulations.
- Severability: If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity or unenforceability without invalidating the remainder of such provision or the remaining provisions of this Agreement.
- Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Amendment of Agreement: This Agreement may be amended only in writing and with the mutual consent of both parties. AU will notify the Customer of any proposed changes and will not implement such changes without the Customer’s agreement.
