Schedule 2 – Cancellation Fees and Miscellaneous Charges 25
STB2 Limited trading as Split The Bills registered in England and Wales under company number: 13017311 whose registered office is at: Split the Bills, Daisy Spring Works, 3 Dun Street, Sheffield, England, S3 8DW (STB) has agreed to provide, and the Client (Client/You/Your) as specified on Schedule 1 has agreed to take and pay for, the Bill Management Services, subject to the terms and conditions of this agreement.
The definitions and rules of interpretation in this clause apply in this agreement.
Management Services, including any information derived from such information.
Clause and schedule headings shall not affect the interpretation of this agreement.
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to a statute or statutory provision is a reference to it as amended, extended or re- enacted from time to time.
A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
A reference to writing or written includes faxes and e-mail.
Any phrase introduced by the words including, or includes, or any similar phrase, shall be construed as illustrative and shall not limit the generality of the related general words.
References to clauses and schedules are to the clauses and schedules of this agreement.
Bill Management Services include the following managed services;
Provider(s) on the Client’s behalf in respect of any of the Bill Management Services.
receive the Client’s bills and other related documentation issued by any Utility Providers for the Client Sites; contact Utility Providers to discuss the Client’s accounts in relation to the Client Sites without restriction; vary the provision of the Utilities; handle payments and refunds for the Utilities; and/or terminate agreements with Utility Providers.
The Client shall for the duration of this agreement:
establish and maintain with its bankers a direct debit instruction in favour of STB (to such bank account as STB shall notify to the Client in writing from time to time) for the payment of all sums and charges which are or become due and payable under this agreement;
cooperate with STB, its agents and employees in relation to this agreement and the delivery and performance of the Bill Management Services;
provide to STB, its agents and employees all necessary access to any Client Sites as may be reasonably required by STB from time to time;
any information relating to the Bill Management Services that we consider is reasonably necessary to enable us to provide the Bill Management Services. We will contact you in writing to ask you for such information as and when required by Us.
(iii) the Client Data together with any amendments to the Client Data from time to time;
keep the Equipment in good condition until returned to STB and not dispose of or use the
Equipment other than in accordance with STB’s written instructions or authorisations from time to
time;
comply with all applicable laws and regulations with respect to its activities under this agreement; and
carry out all other Client responsibilities set out in this agreement or in any of the schedules in a
timely and efficient manner. In the event of any delays in the Client’s provision of such assistance as
agreed by the parties, STB may adjust any timetable or delivery schedule set out in this agreement as reasonably necessary.
You must provide us with meter readings in respect of each of the Utilities:
In relation to meter readings you acknowledge and agree that:
we are not responsible for obtaining meter readings if you do not give them to us; and
we may ask for photographic evidence of meter readings.
If you do not provide us with the information as requested pursuant to this clause 3, or you provide us with incomplete, incorrect or inaccurate information, we may delay or suspend the Bill Management Services or cancel the Contract by giving you written notice, or we may make an additional charge of a reasonable sum, as set out on our website www.splitthebills.co.uk, to cover any extra work that is required in order to obtain the information ourselves. We will not be liable for any delay or non-performance where you have not provided this information within a reasonable time of us having requested it.
This clause 3 shall survive termination of this agreement.
STB undertakes to the Client that:
it shall process the Client Personal Data in such a manner as is reasonably necessary to supply the Bill Management Services in accordance with this agreement or as is required by any applicable law;
in respect of Client Personal Data which is in the possession or under the control of STB, it shall implement the technical and organisational measures to protect this Client Personal Data against unauthorised or unlawful processing and accidental loss, destruction, alteration or disclosure;
it shall not transfer Client Personal Data outside the European Economic Area without the prior written consent of the Client; and
it shall use reasonable endeavours to assist the Client with any subject access request that the Client receives relating to Client Personal Data processed by STB under this agreement.
entitled to charge the Client the equivalent of 1 month’s Payment Plan per Client Site as specified in the Schedule 1 by way of a deposit payable by the Client to STB. Any deposit paid by the Client shall be held by STB until termination of this agreement at which point it shall be included by STB as a credit to any Final Statement.
If the Bill Management Services provided are in respect of the Unlimited Energy Package, the Fee payable will be a monthly Payment Plan, subject to our negligent use policy, regardless of the actual Utility Charges from the Utility Provider for the provision of Utilities at the Property. No refund or credit will be payable at any time during the agreement or following termination.
The Bill Management Service in this respect is for minimum periods of 12 months;
We reserve the right to increase or decrease your Contributions at any time and will provide a
minimum of 30 days’ notice prior to any change;
difference to be paid immediately if your account is in debit. We aim to give you 10 days’ notice of any payment plan adjustments. If the Utility Provider’s price or tariff of any service changes, you accept that we can automatically update the fees and adjust the Contribution accordingly to the new price.
All sums payable by you under these Terms shall be paid in full to us on their due date:
You agree to being held liable for any additional fees applicable which can be found on our website www.splitthebills.co.uk. Such fees are subject to change, dependent on the Utility Providers terms, upon written notification to you.
All amounts and Fees stated or referred to in this agreement are exclusive of value added tax,
which shall be added to STB’s invoice(s) at the appropriate rate.
The Fees for each Extended Term shall be determined in accordance with clauses 5.23, 5.24 and 5.25.
the likely time required to implement the change;
any variations to the Fees arising from the change; and any other impact of the change on the terms of this agreement.
the Utility Provider you nominate prevents us from supplying your gas or electricity (or both);
licences or any other agreements, authorisations and codes or procedures that relate to us and the Utility Providers); or
In respect of the Unlimited Energy Package:
In respect of Flex Energy Package:
the likely time required to implement the change;
any variations to the Fees arising from the change; and
any other impact of the change on the terms of this agreement.
If the Client wishes STB to proceed with the change, STB has no obligation to do so unless and until the parties have agreed in writing the necessary variations to its charges and any other relevant terms of this agreement to take account of the change.
the Client provides written evidence to STB that the Client has sold or otherwise disposed of a Client Site;
a third-party notifying STB that it has acquired a Client Site.
The provisions of this clause shall not apply to any Confidential Information that:
is or becomes generally available to the public (other than as a result of its disclosure by the receiving party or its Representatives in breach of this clause);
was available to the receiving party on a non-confidential basis before disclosure by the disclosing party;
was, is or becomes available to the receiving party on a non-confidential basis from a person who, to the receiving party’s knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party;
was known to the receiving party before the information was disclosed to it by the disclosing party; or
the parties agree in writing is not confidential or may be disclosed.
Each party shall keep the other party’s Confidential Information confidential and shall not:
use such Confidential Information except for the purpose of exercising or performing its rights and obligations under this agreement; or
disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this clause.
The provisions of this clause 9 shall continue to apply after termination of this agreement.
any breach of this agreement;
any use made by the Client of the Bill Management Services; and
any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
Except as expressly and specifically provided in this agreement:
STB shall have no liability for any damage caused by errors or omissions in any information or
instructions provided to STB by the Client, or any actions taken by STB at the Client’s direction; and
all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
Nothing in this agreement excludes or limits the liability of STB for:
death or personal injury caused by STB’s negligence;
fraud or fraudulent misrepresentation; or
any other liability which cannot lawfully be excluded or limited.
STB shall not be liable whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, depletion of goodwill or similar losses, or pure economic loss, or for any indirect or consequential loss, costs, damages, charges or expenses however arising; and
STB’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the Fees paid during the 12 months preceding the date on which the claim arose.
the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment;
the other party commits a material breach of any material term of this agreement and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
the other party suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
an order is made, for or in connection with the winding up of that other party;
an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company);
the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
a receiver is appointed over the assets of the other party;
a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party’s assets and such attachment or process is not discharged within 14 days;
any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 11.2(c) to clause 11.2(i) (inclusive); or
the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
On termination of this agreement for any reason:
STB shall immediately cease provision of the Bill Management Services, save for any Gas and/or Electric, which the Client will continue to be responsible to STB for until the expiry of the relevant Term or until the Client switches to a new energy supplier;
each party shall return and make no further use of any equipment, property, materials and other items (and all copies of them) belonging to the other party; and
Where STB is providing the Client with Flex Energy Package, STB shall obtain a final invoice of the Utility Charges from each Utility Provider which will show any outstanding charges due and payable to any such Utility Provider in respect of each Client Site together with any early cancellation fees or other administrative fees which a Utility Provider may seek to charge and STB shall submit a consolidated statement of all such charges to the Client after receiving such charges from the relevant Utility Providers (Final Statement).
Where the Final Statement shows that:
the Client is in credit; STB shall pay to the Client such amount of credit as is shown on the Final Statement to such bank account as the Client shall notify STB in writing; or
STB requires additional sums to discharge any outstanding Utility Charges, the Client shall pay to STB such additional sums immediately upon demand following which STB will apply such sums to discharge the Client’s liability to the relevant Utility Providers.
the Client is notified of such an event and its expected duration; and
STB uses all reasonable endeavours to mitigate, overcome or minimise the effects of the Force Majeure Event concerned, and that if the period of delay or non-performance continues for 2 months or more, the party not affected may terminate this agreement by giving 14 days’ written notice to the other.
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
No one other than a party to this agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
This agreement has been entered into on the date it was accepted.
We agree that we will only use any personal data that you provide to us in accordance with our Privacy Policy, which is available on our website. We may run checks on you (and anyone else responsible for payment) at Credit Reference and Fraud Prevention agencies, initially and periodically to help us assess your ability to pay our bills. When we run this check, the credit reference agency will record the fact that a check was made (even in the event that you do not become a Split The Bills customer).
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Experian
Equifax Plc
It may be necessary to share your data with third parties in order to process your data and comply with industry obligations. Please see our Privacy Policy on our website for details on who we share your information with.
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Service | Cancellation Fee |
Gas | £50.00 per remaining month of the Term per Client Site |
Electric | £50.00 per remaining month of the Term per Client Site |
Water | £25.00 per remaining month of the Term per Client Site |
Broadband | During the Term, the client shall be liable for all fees payable up to and including the contract end date, in addition to any cease fees charged by the supplier. |
TV Licence | The full value of the annual TV Licence, minus any payments the Client has made to STB in respect of such Licence at each Client Site |
Details of miscellaneous fees can be found on our website at www.splitthebills.co.uk/business/fees