The definitions in this clause apply to these Terms:
- Bill Management Services: the services that we agree to provide to you as set out in the Order and confirmed on the Welcome Email (and each a Service).
- Contract: the contract formed between you and us pursuant to clause 2.6 on the basis of these Terms.
- Contract Term: has the meaning given in clause 5.
- 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 6.2, such sum(s) representing each Tenant's contribution to the Utility Charges.
- Equipment: has the meaning given in clause 2.8.
- Final Statement: the statement issued to you by us pursuant to clause 7.1.
- Management Fee: the weekly fee (which is per tenant) specified by us to you in writing from time to time as the management fee for the provision of the Bill Management Services.
- 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.
- Start Date: the date specified in the Welcome Email.
- 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: those other individuals living at the Property who have entered into a Tenancy Agreement in respect of 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 (Utility Providers) 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.
- We/us/our: STB 2016 Limited (Company No. 10267040) of Crucible Work, 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: includes 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 you to these Terms.
- If we choose to accept your Offer, we will issue a Welcome Email confirming the Bill Management Services to be provided to the e-mail address provided in your Offer, at which point these Terms 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. We will confirm your cancellation in writing to you. If you cancel an Order under this clause 2.8 you must immediately return to us any materials, broadband hardware, equipment, documents and other property we have provided to you (Equipment).
Bill Management Services
- You acknowledge 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 agreements with Utility Providers in your name; receive your bills and other related documentation for the Property; contact Utility Providers to discuss your account without restriction; vary the Utilities; handle payment for the Utilities and/or terminate agreements 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.
- You agree that we may, in our absolute discretion, include our name as a party to any agreement between you and a Utility Provider where necessary to enable us to perform the Bill Management Services PROVIDED THAT you shall indemnify us and hold us harmless against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with us contracting directly with the Utility Provider(s) on your behalf in respect of any of the Bill Management Services.
- We will provide the Bill Management Services to you with reasonable care and skill.
- You agree that we may take our instructions in relation to the Bill Management Services from any of the Tenants.
- You must provide us, in sufficient time, with any information relating to the Bill Management Services that is necessary to enable us to provide the Bill Management Services.
You must provide us with meter readings in respect of each of the Utilities on or within 5 days of the Start Date, at the end of the Contract and every calendar month during the Contract Term and at such other times as we reasonably request in writing. In the event that you fail to provide such meter readings to us you must allow us or any person authorised by us to access the Property from time to time upon reasonable notice to obtain such meter readings. In relation to meter readings
- If you do not give Us a meter reading before we start to supply the Bill Management Services, you agree to allow Us (or one of Our agents) to take one. If you do not give us a meter reading and We are not able to take one, We 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 are 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.
- We may send a meter operator or member of staff to read your meters and we will request access from you.
- We will not refund any monies until all necessary actual meter readings have been obtained.
- If you do not provide us with the information as requested pursuant to clause 3.6 and/or clause 3.7 above, 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 to us after we have requested it.
- We will make every effort to complete the Bill Management Services on time. However, there may be delays due to an Force Majeure Event. See clause 11 for Our responsibilities when an 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 agreed between you and Us in writing to the Bill Management Services. 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 4 but this does not affect your obligation to pay for any Bill Management Services you have already received.
- In relation to TV Licences, We buy TV licences in 12 month periods. If the Contract period is greater than 12 months, after the Minimum Term ends, We will automatically extended your TV Licence for another 12 months.
In relation to Gas and Electric
- If We do not already supply gas or electricity (or both) to your 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 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 next.
- We can refuse to supply you with gas or electricity services (or both) under these Terms or we can stop 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 want to leave prevents Us from supplying your gas or electricity (or both);
- We, the gas transporter, the network operator or another Utility Provider have stopped your supply, and We do not have to reconnect or continue your supply (for example if you have interfered with your meter);
- it is not reasonable for Us to continue to supply you in all circumstances which can include where you do not pay our bills when we have sent you several reminders. If We are already supplying the Property, We will give you at least 7 days' notice before We stop your supply;
- 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);
- 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 appears to Us more likely that not that the metering equipment has been tampered with;
- If We supply you with Bill Management Services for electricity, you are also 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.
- As a consumer, you have legal rights in relation to services not 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 warrant 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 contractual obligations and liabilities to such Utility Providers remain obligations and liabilities of the Tenants to perform and/or discharge as appropriate and accordingly you warrant to us that you will comply with the terms of your agreement with each Utility Provider, together with such reasonable instructions, protocols and standards issued by such 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.
- You warrant that, where you give us instructions in relation to the Bill Management Services, you have notified and obtained the agreement of all of the Tenants.
- You agree to fully 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 the tenancy is renewed or extended, or becomes a Periodic Tenancy.
- If, at any time during the Minimum Term, you decide to move from the Property but any other tenants at the property 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 also be your responsibility to continue paying the fees unless: the other tenants at the Property 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 email all of the tenants at the Property to confirm any changes.
- If you and the other tenants at the Property cannot agree on what will happen to your portion of the fees after you leave the Property, you will continue to be responsible for the fees until the end of the Minimum Term.
- If all of the tenants at the Property move out and the Tenancy Agreement has ended or if you own and sell the Property, you must give Us at least 30 days notice of either the tenancy end date or sale date. If you give Us 30 days notice, their services will end on the date that (unless they own the Property and no one else has taken a new tenancy for the Property). If you do not give Us notice as required by this clause, the Bill Management Services will continue as follows: Gas and electricity: until one working day after they tell us that they have moved out or sold the Property or until another owner, landlord or tenant receives gas or electricity services from Us at the Property. All other services: until the day on which you let Us know that you have moved out or let us know that you have sold the Property.
- If you move out or sell during the Minimum Term or if you don't provide the required 30 days notice, cancellation fees will apply.
- If you move out of the Property and do not wish to receive the Bill Management Services at your new property, then Our standard cancellation terms will apply.
- This clause 4 shall survive termination of the Contract.
We will supply the Bill Management Services to you from the date specified in the Welcome Email until the later of
- the expiry or other termination of the Your occupation of the Property under Tenancy Agreement;
- the date falling six months after the date specified in the Welcome Email and
- the Contract being terminated in accordance with these Terms; ("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.
- If you cancel without giving Us 30 days notice, a notice cancellation fee as set out in the Contract will apply.
- In addition, if you cancel before the expiry of the Minimum Term, the cancellation fees as set out in the Contract will apply.
- In relation to Gas and Electric Cancellations, We will continue to charge you until either:
- you transfer your gas and electricity to another supplier
- you sell the Property
- you are no longer responsible for the energy at your Property (your Tenancy Agreement has been terminated)
- We may ask you for proof of the above.
- 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.
- We will supply the Bill Management Services to you from the date specified in the Welcome Email until the later of
Price And Payment
- In consideration for the provision of the Bill Management Services you shall pay to us:
- the Management Fee for the duration of the Contract Term; and
- the Contribution(s) which we shall hold on your behalf and 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. Without limiting any other remedies or rights that we may have, if you do not pay us the Management Fee or the Contribution on the date required by us, we may cancel or suspend our performance of the Bill Management Services until you have paid the outstanding amounts in full.
- We may adjust the monthly 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. 14 days notice will be given 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.
- In the event that any Tenant ceases to live at the Property, we will reapportion the Contribution(s) payable by each of the Tenants who continue to live at the Property to ensure that the Utility Charges 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.
- If you miss a direct debit payment or a direct debit payment is late, a charge of £5 will be applied to your account and be payable in addition to the Management Fee. If you cancel your direct debit payment agreement without Our agreement, a charge of £10 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.
- In consideration for the provision of the Bill Management Services you shall pay to us:
Changes To Terms
We may revise these Terms from time to time in the following circumstances:
- changes in how we accept payment from you; and
- changes in relevant laws and regulatory requirements
- changes in fees and costs payable to the Utility Providers.
- If we do revise these Terms we will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the Contract in accordance with clause 12.
- 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 12 in these circumstances.
- We may revise these Terms from time to time in the following circumstances:
- Upon expiry of the Contract Term, we will obtain a final bill on your behalf from each Utility Provider which will show any outstanding Utility Charges together with 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 (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 endeavors to review your account within 16 weeks of receiving final meter readings and all final bills from all of your suppliers, 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.
- Where your Final Statement shows that we require a Contribution from you to discharge any outstanding Utility Charges, you shall pay to us the amount of any such Contribution immediately upon demand which we will then apply in discharging your liability to the relevant Utility Providers.
- You should not cancel Your direct debit agreement with Us until all payments due to Us on termination have been paid in full.
- 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.
- This clause 8 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 10.2:
- 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 sum of 12 months' Management Fees.
- 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 10.2:
Events Outside Our Control
- For the purposes of the Contract, 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 an 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.
- We may terminate the Contract at any time by giving you notice in writing. Any advance payment on account of the Bill Management Services shall be refunded to you.
- Subject to clause 2.7, you may terminate the Contract at any time after the Minimum Term by providing Us with 30 days' prior notice in writing or such shorted period as We may agree in writing. Any termination under this clause 12.2 is conditional upon:
- You having paid Us all charges and fees due under the Contract; and
- 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.
- We may cancel the Contract at any time with immediate effect by giving you written notice if:
- you do not pay Us when you are supposed to as set out in these Terms. This does not affect Our right to charge you interest under clause 8.5; or
- you break the Contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.
- Once We have begun to provide the Bill Management Services to you, you may cancel the contract for Bill Management Services with immediate effect by giving Us written notice if:
- We break this contract in any material way and We do not correct or fix the situation 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.
- On termination of the Contract for any reason you shall immediately return all Equipment. If you fail to do so we may enter the Property and take possession of it.
- Upon termination of the Contract, we will obtain final bills and charges from each Utility Provider together with any early cancellation fees or other administrative fees, which a Utility Provider may seek to charge. You will pay to Us the amount of any such charges immediately upon demand, which we will then apply in discharging your liability to the relevant Utility Providers.
- 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.
- 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.
- All notices sent by you to Us must be sent to firstname.lastname@example.org. We may give notice to you 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; or
- inform you about other services which we provide.
- You agree that we may pass your Personal Information to each of the other Tenants at the Property and to such Utility Providers as we consider reasonable for the purpose of delivering the Bill Management Services and to ensure that they are aware of any additional needs which you may have.
- 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 the UK.
- We are a 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 124 2033 or by e-mailing Us at email@example.com.