The definitions in this clause apply to these Terms:
- Bill Management Services: the services that we agree to provide to you in respect of the Property as set out in the Order and confirmed on the Welcome Email (and each Service).
- Contract: the contract formed between you and us pursuant to clause 2.6 on the basis of these Terms.
- Contribution(s): the amount(s) which we shall notify you of from time to time and which you are required to pay to us in accordance with clause 7.2, such sum(s) representing each Tenant's contribution to the Utility Charges.
- Equipment: any materials, broadband router, hardware, equipment or other property we have provided to you in the course of delivering the Bill Management Services.
- Final Statement: the statement prepared and issued to you by us pursuant to clause 13.1.
- Management Fee: the weekly fee of £1.50 including VAT (per tenant), payable monthly in advance, for the provision of the Bill Management Services.
- Minimum Term: the later of either; a period of 6 months commencing on the Start Date; or the period between the Start and End date specified in your Order.
- Order: the online order for Bill Management Services submitted by you to us.
- Property: the address you specify in your Order Form as the address to which the Utilities should be supplied.
- Setup Fee: the one off fee of £14.99 including VAT (per tenant), payable in advance, for the provision of the Bill Management Services.
- Start Date: the later of the date specified in the Order and the date specified in the Welcome Email for the commencement of the Bill Management Services.
- Tenancy Agreement: the tenancy agreement entered into by each of the Tenants in relation to the Property including any relevant sub-tenancy agreement and any renewals of it.
- Tenants: the individuals who have entered into a Tenancy Agreement in respect of the Property for the purposes of occupying the Property.
- Terms: the terms and conditions set out in this document.
- Utilities: the utility services you specify on the Order Form that you would like us to arrange for you with third party providers and/or us (Utility Providers) in respect of the Property and whose bills you would like us to manage for you as part of our Bill Management Services.
- Utility Charges: the amount you are liable to pay to the Utility Providers for the Utilities. If this is us, a schedule of current charges can be found on the tariffs page of our website.
- We/us/our: Split Living Limited (Company No. 10267040) of Crucible Works, Darnall, Road, Sheffield, S9 5AB.
- Welcome Email: our acceptance emailed by us to you confirming our acceptance of the Order upon these Terms.
- Writing/written: any form of correspondence in a durable medium including e-mail.
- You/your: the persons who are listed as the Tenants in the Tenancy Agreement and whose details are set out in the Order.
- Headings do not affect the interpretation of these Terms.
- Unless expressly provided otherwise, each of the Tenants shall be jointly and severally liable for their obligations under these Terms.
- We may take action against, or release or compromise the liability of, a Tenant, without affecting the liability of any other Tenant.
- The definitions in this clause apply to these Terms:
Basis Of Sale
- These Terms set out the whole agreement between you and us for the supply of the Bill Management Services.
- Please ensure that you read these Terms before you submit an Order to us, because you will be bound by the Terms once a contract comes into existence between you and us in accordance with clause 2.6.
- Any quotation provided by us for the Bill Management Services shall not constitute an offer and is given on the basis that a binding contract shall only come into existence in accordance with clause 2.6.
- Submission of an Order to us is an offer by you to enter into a binding contract with us on these Terms for the provision of Bill Management Services, which we are free to accept or decline at our absolute discretion.
- The person submitting the Order warrants his or her authority to bind all the Tenants to these Terms.
- If we choose to accept your Order, we will issue a Welcome Email confirming the Bill Management Services to be provided to the e-mail address provided in your Order, at which point the Contract shall become binding on you and us.
- If any of these Terms conflict with any term of the Order, the Order will take priority.
- In accordance with your statutory rights, you may cancel the Order within 14 days of us issuing you with a Welcome Email by giving notice to us in writing. You may electronically fill in and submit the model cancellation form (available in request) but this is not obligatory. We will confirm your cancellation in writing to you without delay. If you cancel an Order under this clause 2.8 we shall send to you a returns envelope for you to promptly return to us any Equipment.
- If you ask us to supply and we subsequently begin providing any of your Utilities within the 14 days of us issuing you with a Welcome Email, you agree that you will lose your statutory right to cancel.
Bill Management Services
You acknowledge and confirm that upon submission of an Order you shall be granting us full authority to contact Utility Providers for the purposes of making preparations to transfer and/or commence the Utilities with effect from the Start Date. You further acknowledge and confirm that by entering into the Contract you give us full authority to act on your behalf from the date of the Welcome Email for the purposes of providing the Bill Management Services including (but not limited to) the authority to:
- enter into contracts with Utility Providers in your name;
- receive utility bills and other related documentation for the Property;
- contact Utility Providers to discuss your account without restriction;
- vary the Utilities; and
- handle payment for the Utilities and/or terminate contracts with Utility Providers.
- You shall not for the duration of the Contract appoint another person, firm or company to provide Bill Management Services for the Property.
- We will make every effort to perform the Bill Management Services on time, however, there may be delays due to events beyond our control. See clause 11 for Our responsibilities when a Force Majeure Event happens.
- We may have to suspend the Bill Management Services if We have to deal with technical problems, or to make improvements to the Bill Management Services agreed between you and Us in writing. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Bill Management Services while they are suspended under this clause 3 but this does not affect your obligation to pay for any Bill Management Services you have already received and/or Utility Charges incurred.
- As a consumer, you have legal rights in relation to the Bill Management Services not being carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- You acknowledge and confirm that upon submission of an Order you shall be granting us full authority to contact Utility Providers for the purposes of making preparations to transfer and/or commence the Utilities with effect from the Start Date. You further acknowledge and confirm that by entering into the Contract you give us full authority to act on your behalf from the date of the Welcome Email for the purposes of providing the Bill Management Services including (but not limited to) the authority to:
- You confirm that you have obtained all necessary consents and permissions for us to perform the Bill Management Services on your behalf, including (but not limited to) permission from the landlord of the Property to change utility providers where required under the Tenancy Agreement.
- You acknowledge and agree that we are only providing you with management services for the payment of your Utilities and therefore all obligations and liabilities to any utility providers to the Property are your obligations and liabilities to perform and/or discharge as appropriate and accordingly you confirm to us that you will comply with the terms of the contract with each Utility Provider, together with such reasonable instructions, protocols and standards issued by any Utility Provider from time to time in connection with your Utilities.
- You shall keep and maintain Equipment at the Property in safe custody at your risk, keep the Equipment in good condition until returned to us and not dispose of or use the Equipment other than in accordance with our written instructions or authorisations from time to time.
- For the duration of the Contract you agree to provide us with the meter readings and other information and materials specified in clause 5 of these Terms.
- You agree that we may take instructions in relation to the Bill Management Services from any of the Tenants. Each Tenant confirms that, when giving us instructions in relation to the Bill Management Services, he has notified and obtained the agreement of all of the Tenants.
- You agree that we may, in our absolute discretion, include our name as a party to any contract with a Utility Provider where necessary to enable us to perform the Bill Management Services at the Property and in doing so you acknowledge and agree that we will be acting as agent on your behalf and shall not incur any personal liability.
- You agree to indemnify us on demand against all reasonable costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) that arise directly or indirectly from any breach by you of this clause 4 and we reserve the right from time to time to pass on to you any charges levied against us by any Utility Provider in respect of your Utilities.
- You must notify us of the tenancy end date in the Tenancy Agreement and when your occupation of the Property is renewed or extended, or becomes a periodic tenancy.
- This clause 4 shall survive termination of the Contract.
Information and Meter Readings
- You shall promptly provide us with 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 this information.
You must provide us with meter readings in respect of each of the Utilities:
- on or within 5 days of the Start Date;
- on the last day of each calendar month during the Contract;
- within 5 days after expiry of the Contract (for any reason); and
- at such other times as we reasonably request in writing.
In relation to meter readings you acknowledge and agree that:
- If you do not give us a meter reading and We are not able to take one, the Utility Provider will estimate your meter reading when We start to supply the Bill Management Services;
- We are not responsible for obtaining meter readings if you do not give them to Us;
- We will be unable to conduct a review of your credit/debt position until you provide all required meter readings;
- We may ask for photographic evidence of meter readings; and
- We may not refund any monies until all meter readings have been obtained.
- If you do not provide us with the information as requested pursuant to this clause 5, or you provide us with incomplete, incorrect or inaccurate information, we may 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 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.
Gas and Electric Services
- If We do not already supply gas or electricity (or both) to the Property, We will start to provide them from the date on which each service transfers from the existing utility provider or in the case of a new supply, when it starts. The transfer date may be delayed beyond the Start Date if the existing utility provider objects to Us taking over the supply. If this happens We will let you know as soon as possible and We will let you know what steps need to be taken.
We can refuse to supply you with gas or electricity services (or both) or we can suspend your supply or tell you to stop using your supply if any of the following apply and if We are legally allowed to do so:
- the Utility Provider you nominate to prevents Us from supplying your gas or electricity (or both);
- We, the gas transporter, the network operator or another utility provider has stopped your supply, and We do not have to reconnect or continue your supply (for example if you have interfered with your meter);
- We are told to stop supplying you by Ofgem, the gas transporter, the network operator or our licensed suppliers, or We can legally stop supplying you under any energy legislation (including licences or any other agreements, authorisations and codes or procedures that relate to Us and the Utility Providers); or
- We are not happy with the way your meter is set up. This includes when We or our agents cannot read the meter and if, having carried out the appropriate checks (such as inspecting your meter), it is discovered that there is a prepayment meter installed at the Property and/or it appears to Us more likely that not that the metering equipment has been tampered with.
- You acknowledge and agree that if We supply you with Bill Management Services for electricity, you will also be entering into a standard connection agreement for your electricity with your local electricity network operator. There is no similar agreement for Bill Management Services for gas.
We will object to any request by another supplier to switch your gas or electricity services (or both) and we will stop you switching if;
- we do not have written consent from you or your housemates;
- if your new supplier asks us to;
- if you have not paid us for the gas and electricity that you have used and these charges have been outstanding for more than 28 days.
Price and Payment
In consideration for the provision of the Bill Management Services you shall pay to us:
- the Setup Fee and Management Fee(s) for the duration of the Contract; and
- the Contribution(s) which we shall apply to discharge your liability in respect of the Utility Charges to each Utility Provider on your behalf.
- Unless otherwise agreed in writing, we shall collect the Management Fee and Contribution from you monthly in advance by direct debit on the date notified to you by us in writing. Without limiting any other remedies or rights that we may have, if you do not pay us the Management Fee and/or the Contribution on the date required by us, we may cancel or suspend our performance of all or part of the Bill Management Services until you have paid the outstanding amounts in full.
- We may adjust the Contribution in order to bring your payments in line with charges to your account and the actual cost or charges of the Utility Providers. We may also ask for any 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.
- Notwithstanding your Contribution, you hereby acknowledge that each Tenant shall be jointly and severally liable for payment of the ultimate balance of the Utility Charges due and payable.
- If you miss a direct debit payment or a direct debit payment is late, an administrative charge will be applied to your account, at the rate detailed on our website and be payable in addition to the Management Fee. If you cancel your direct debit payment agreement without our consent an administrative charge, at the rate specified on our website, will be applied to your account and be payable in addition to the Management Fee.
- You agree that we shall be entitled to keep any commission received by us during the course of providing the Bill Management Services.
All sums payable by you under these Terms shall be paid in full to us on their due date:
- without any set-off, condition or counterclaim whatsoever; and
- free and clear of any deductions or withholdings whatsoever except as may be required by law or regulation which is binding on any Tenant.
- Without affecting any of our other rights if you do not make any payment due to us by the due date for payment we may charge interest to you on the overdue amount at the rate of 3% per annum above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- We may at any time ask you to pay a deposit of up to £50 (Deposit), unless we agree otherwise in writing. Following termination of these terms we may use your Deposit to pay off any money you owe. Your Deposit will be returned to you if your Final Statement shows your account is in credit, excluding your Deposit.
- In consideration for the provision of the Bill Management Services you shall pay to us:
Duration and Cancellation
We will supply the Bill Management Services to you from the Start Date until the later of:
- the expiry or other termination of the Your occupation of the Property (please refer to clause 11 for further detail);
- the expiry of the Minimum Term; and
- the Contract being terminated in accordance with these Terms.
You may cancel the Contract with immediate effect by giving Us written notice if:
- We breach this contract in any material way and We do not correct or remedy the breach within 14 days of you asking Us to in writing; or
- We go into liquidation or a receiver or an administrator is appointed over Our assets.
Without prejudice to clause 2.8, you may terminate the Contract at any time prior to the expiry of the Minimum Term by providing Us with 30 days' prior notice in writing or such shorter period as We may agree in writing. Any termination under this clause 8.3 is subject to clause 8.4 and conditional upon:
- You having paid Us all charges and fees due under the Contract;
- You transferring the Utilities to new service providers prior to the expiry of the 30 day notice period and receiving all utilities from such new providers at the time of cancellation. It shall be your responsibility to transfer the Utilities prior to the expiry of the notice period, failing which we shall continue to provide the Bill Management Services pursuant to these Terms; and
- you having paid any cancellation fees specified by any Utility Provider.
- If you cancel the Contract during the Minimum Term other than pursuant to clause 2.8 then you shall be liable to pay us a cancellation fee equal to 50% of the aggregate amount of the Management Fee for the remainder of the Minimum Term.
- After the Minimum Term, if you wish to cancel any of the Bill Management Services you must provide Us with at least 30 days’ notice in writing.
In relation to the cancellation of any gas and/or electric Service, We will continue to charge you until:
- you transfer your gas and electricity to another supplier; or
- you agree a contract directly with our Utility Providers (for gas and electric); or
- you sell the Property; or
- the earlier of the date upon which all of the Tenants have vacated the Property and the date of termination of the Tenancy Agreement,
- We will supply the Bill Management Services to you from the Start Date until the later of:
Termination by Us
- We may terminate the Contract at any time by giving you 30 days’ notice in writing.
We may cancel the Contract at any time with immediate effect by giving you written notice if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days’ of us reminding you that payment is due. This does not affect Our right to charge you interest under clause 7.8; or
- you breach the Contract in any other material way and you do not correct or remedy any breach within 14 days of Us asking you to do so in writing.
Consequences of Termination
- Immediately following termination of this Contract the provisions of clause 13 of these Terms shall apply in connection with the preparation of a final statement and any financial reconciliation.
- On termination of the Contract for any reason we shall supply a returns envelope to enable you to promptly return any Equipment. If you fail to do so within a reasonable time you agree that we may enter the Property and take possession of the Equipment.
- Termination of the Contract will not affect either party's accrued rights, duties or remedies, including our right to recover from you any money that you owe Us pursuant to these Terms and clauses which expressly or by implication have effect after termination shall continue in full force and effect.
- If you are moving to another supplier, you will need to pay Us for any gas or electricity used until the date your energy transfers to your new supplier. You are required to provide your new supplier with meter readings which they will pass on to us. We will bill you your final bill to these readings.
Vacating the Property
- If, at any time you decide to move from the Property but any other Tenants do not then you must tell Us the date of your move as soon as possible but in any event at least 30 days before the day you move. It will be your responsibility to continue paying your Contribution and proportion of the Management Fee unless: the remaining Tenants agree with Us to pay your portion of the fees after you leave the Property; or a replacement tenant agrees to enter into these Terms and pay your portion of the fees after you leave the Property. In either case we will request that all of the remaining Tenants confirm any changes to us in writing.
- If you and the other Tenants cannot agree on what will happen to your portion of the Contribution and/or the Management Fees after you vacate the Property, you will continue to be responsible for such payments until the end of the Minimum Term.
- In the event that any Tenant ceases to live at the Property and the remaining Tenants are in agreement, we will reapportion the amount of the Contribution(s) payable by each of the remaining Tenants to ensure that the Utility Charges for the Property can be paid in full by us on your behalf, however, for the avoidance of doubt, the liability under these Terms shall continue in full force and effect in relation to any exiting Tenant until such time as we agree to release and discharge such Tenant.
Changes To Terms
We may revise these Terms from time to time before the expiry of the Minimum Term in the following circumstances:
- changes in how we accept payment from you;
- changes in relevant laws and regulatory requirements; and
- changes in fees and costs payable to the Utility Providers in accordance with clause 7.3.
- We may revise these Terms from time to time after the expiry of the Minimum Term. If we do revise these Terms we will give you at least 30 days’ written notice of any changes to these Terms before they take effect. You can choose to cancel the Contract in accordance with clause 8.
- You may make a change to the Order for Bill Management Services by contacting Us. Where this means a change in the total price of the Bill Management Services we will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 8 in these circumstances.
- We may revise these Terms from time to time before the expiry of the Minimum Term in the following circumstances:
- Upon expiry of the Contract for any reason, we will obtain a final bill on your behalf from each Utility Provider which will show any outstanding Utility Charges together with details any early cancellation fees or other administrative fees which a Utility Provider may seek to charge. We will then supply you with a final reconciliation statement in respect of the Bill Management Services and the Utility Charges (Final Statement).
- The Final Statement will show any deposit taken for any Equipment provided by Us in connection with the Bill Management Services and provided the Equipment is returned in the condition it was provided in (fair wear and tear excluded), this will be added to the Final Statement. If the Equipment is not returned or is not returned in the condition required by these Terms, it will be deducted from the Final Statement and retained by Us.
- We will use our best endeavours to review your account within 16 weeks of receiving final meter readings and all final bills from all of your Utility Providers, or you providing Us with a final read.
- Where your Final Statement shows that you are in debt with Us, you will need to pay Us the final balance (which will include any cancellation fees) and any direct debit mandate will remain in force until all outstanding payments have been made.
- Where your Final Statement shows that you are in credit with Us, you can make a claim for the surplus funds to be returned to you by using our online portal available on our website. We shall not be responsible for the apportionment of any surplus funds amongst the Tenants.
- This clause 13 shall survive termination of the Contract until such time as all payments due and owing pursuant to the Final Statement have been paid in full.
- For the avoidance of doubt any certificate or determination issued by us to you, shall (in the absence of manifest error) conclusive evidence of the matter to which it relates.
Intellectual Property Rights
- All registered and unregistered intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Bill Management Services will belong to us absolutely.
- You may not use any Equipment for any commercial purpose.
- You acknowledge that the Equipment is our exclusive property.
Limitation Of Liability
- Subject always to clause 15.2:
- if we fail to comply with these Terms, we shall only be responsible for those losses you suffer which are a direct result of our failure to comply with these Terms and which we could reasonably foresee would result from our failure to comply with these Terms but We are not responsible for any loss or damage that is not foreseeable;
- we only supply Bill Management Services for domestic and private use. You agree not to use the Bill Management Services for any commercial, business or resale purpose and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity; and
- our total liability to you, howsoever arising including in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount of the Management Fees paid by you to us.
- Nothing in these Terms is intended to exclude or limit in any way our liability for:
- death or personal injury caused by our negligence; or
- fraud; or
- any matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- Subject always to clause 15.2:
Events Outside Our Control
- For the purposes of the Contract, a Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- We shall not be liable to you as a result of any delay or failure to perform our obligations under the Contract as a result of a Force Majeure Event.
- If a Force Majeure Event takes place that affects the performance of Our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects Our performance of the Bill Management Services to you, We will restart the Bill Management Services as soon as reasonably possible after the Force Majeure Event is over.
- If the Force Majeure Event prevents us from providing any of the Services for more than 6 weeks, either party shall, without limiting any other rights or remedies, have the right to terminate the Contract immediately by giving written notice to the other.
- You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms. We will write and tell you if this happens.
- All notices sent by you to Us must be sent in writing to firstname.lastname@example.org or to our registered office address specified on our website. We may give notice to you in writing at either the e-mail address you specify in the Order or at the Property.
- We will only use the personal information you provide to Us and such other personal and financial information we otherwise obtain about you (together your Personal Information) to:
- provide the Bill Management Services
- process your payments for the Bill Management Services.
- We may share your personal information with other companies that are part of our group of companies so that they can provide you with products and services that are likely to be suited to you. Split Living Limited is part of the STB Group Limited group of companies. By group we mean STB Group Limited and its subsidiaries.
- You agree that we may pass your Personal Information to each of the other Tenants at the Property and to such Utility Providers, credit reference agencies and debt collection agencies as we consider reasonable for the purpose of delivering the Bill Management Services to ensure that they are aware of any additional needs which you may have and in enforcing our rights under this Contract.
- You accept that we may, in accordance with our legal requirements, have to disclose your Personal Information to any regulatory, governmental or similar body in respect of your use of the Bill Management Services. Subject to any legal obligations to the contrary we shall notify you of such disclosure as soon as reasonably possible.
- We will only use the personal information you provide to Us and such other personal and financial information we otherwise obtain about you (together your Personal Information) to:
- If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations.
- If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you.
- No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
- A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts. We do not accept orders from addresses outside of England, Scotland, Wales and Northern Ireland.
- We are a private limited company registered in England and Wales. Our company registration number is 10267040 and Our registered office is at Crucible Works, Darnall Road, Sheffield, S9 5AB. Our registered VAT number is 246520418.
- If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 0330 053 9350 or by e-mailing Us at email@example.com.