Terms of Service

The following definitions apply to these Terms and conditions of service:

• Contract Cancellation Administration Fee:has the meaning set out in clause 4.7.
• Call Centre:means the call centre operated by Ecosave Gas and Power LTD for the purposes of providing the services.
• Commission or Referral Fee:the sum Ecosave Gas and Power LTD receives from a supplier should a customer enter into a contract.

3.1 In order to use any of the Services, the Customer will need to register with Ecosave Gas and Power LTD via the Call Centre or the Site. Ecosave Gas and Power LTD may, in their sole discretion, refuse to register any business as a Customer.

5.1 Save for clauses 5.2, 5.3 and 6 below, Ecosave Gas and Power LTD will provide the Services free of charge.

5.2 Ecosave Gas and Power LTD reserves the right to be entitled to charge for any of the Services and/or impose charges at any time in its sole discretion, upon reasonable notification to the Customer. If the Customer does not agree to such charges, the Customer shall be entitled to opt out of receiving the Services to which it had subscribed.

5.3 Any Administration Fee payable under clause 4.7 above shall be payable to Ecosave Gas and Power LTD by no later than 30 days from the date of the invoice for the same.

5.4 Without prejudice to Ecosave Gas and Power LTD's other rights and remedies, if the Customer fails to pay when due any amount payable by it under or in connection with these Terms, it shall forthwith on demand pay interest on the overdue amount from the due date until the date of actual payment at the rate of 8 per cent per annum.

6.1 As a result of using the Services the Customer acknowledges and agrees that Ecosave Gas and Power LTD may receive a Referral Fee or Commission payment from the Supplier should a Customer enter into a Contract. The Commission payment will be paid by the Supplier and will be calculated by applying a nominal fee to the Supplier's base costs.

6.2 The Commission payment may vary dependent upon the Supplier and the type of Contract entered into.

6.3 The Commission payment may be paid to Ecosave Gas and Power LTD in full and/or in instalments from the date when the Customer enters a Contract with a Supplier.

7.1 In addition to the Customer's other obligations set out in these Terms, the Customer warrants, represents and undertakes:

• •to co-operate with the Supplier(s) in all matters relating to the Services including, without limitation, providing all relevant information in a timely manner as the Supplier(s) and/or Ecosave Gas and Power LTD may require from time to time;
• •to comply at all times with these Terms and any applicable terms and conditions imposed by a Supplier in relation to the supply of the Supplier Services;
• •that any password, user details and/or account number allocated to or created by the Customer shall be kept confidential by the Customer at all times.

The Customer agrees that any and all Intellectual Property Rights in or to the Services, any information and/or materials provided to the Customer, the Site and any content therein shall remain owned by Ecosave Gas and Power LTD and/or its licensors and any use or attempted use of any of the same shall constitute an infringement of Ecosave Gas and Power LTD's (and/or its licensors') Intellectual Property Rights and may expose the Customer to both civil and criminal liability.

9.1 Without prejudice to the foregoing and any other rights and remedies that Ecosave Gas and Power LTD may have, Ecosave Gas and Power LTD shall be entitled to terminate or suspend the Services immediately upon written notice to the Customer in the event that:

• a)the Customer is in breach of any of the provisions of these Terms and that in the case of a breach capable of remedy, such breach shall not have been remedied within 7 days of the date of a written notice;
• b)Ecosave Gas and Power LTD suspects on reasonable grounds that the Customer may have committed or attempted to have committed any fraud against Ecosave Gas and Power LTD and/or any Supplier.

10.1 Ecosave Gas and Power LTD will exercise all reasonable skill and care in providing the Services. However, the performance of the Services by Ecosave Gas and Power LTD may be dependent upon third parties and Ecosave Gas and Power LTD is not able to guarantee or accept any responsibility for any failure or delay caused by such third parties.

10.2 Ecosave Gas and Power LTD shall use its reasonable endeavours to ensure that all pricing information provided by Ecosave Gas and Power LTD to the Customer as part of the Pricing Comparison Service is accurate, current and reliable in all material respects.

10.3 Except as expressly provided in these Terms, the Services and the Site are provided on an "as is" basis without representation or warranty of any kind and to the fullest extent permissible pursuant to applicable law.

The Customer acknowledges and agrees that details of the Customer's name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Customer in accordance with Ecosave Gas and Power LTD's Privacy Policy, as is more particularly set out inwww.ecosavegasandpower.com/privacy-policy

Ecosave Gas and Power LTD shall have no liability to the Customer if it is prevented from or delayed in performing any of its obligations in relation to the provision of any of the Services, or from carrying on its business, by acts, events, omissions or accidents beyond Ecosave Gas and Power LTD's reasonable control, including (without limitation):

• •Strikes, lock-outs or other industrial disputes
• •Failure of a utility service or transport network
• •Acts of God, war, riot, civil commotion
• •Compliance with any law or governmental order, rule, regulation or direction

Any failure or delay by Ecosave Gas and Power LTD to enforce any of its rights under these Terms is not to be taken as or deemed to be a waiver of that or any other right unless Ecosave Gas and Power LTD acknowledges and agrees to such a waiver in writing.

If any clause or part of a clause of these Terms is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms.

Except as expressly provided in clause 9.2, the parties agree that the provisions of these Terms are personal to them and are not intended to confer any rights of enforcement on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract or to any of its provisions, other than clause 9.2.

16.1 These Terms are binding on the Customer and Ecosave Gas and Power LTD and on each parties' respective successors and assigns.

16.2 The Customer may not transfer, assign, charge or otherwise dispose of these Terms, or any of its rights or obligations arising under them, without Ecosave Gas and Power LTD's prior written consent.

16.3 Ecosave Gas and Power LTD may at any time transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of its rights or obligations arising under them.

The warranties, exclusions and other express provisions of these Terms, the Privacy Policy and the Terms of Use set out the full extent of our obligations and liabilities concerning the subject matter and supersede any previous agreements between the parties relating thereto.

These Terms are governed by the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.