1. Terms of Business
1.1 Tyne Energy Limited is an energy consultancy which provides procurement services,
contract brokering, sustainability services, and bureau services.
1.2 We offer you an initial discussion (without charge)
at which we will describe our services more fully.
1.3 There is no obligation to proceed with any of the quotations provided,
nor is there any cost implication should you wish to not proceed.
1.4 If you decide to go ahead, we will gather and analyse energy information
about you and your aims and objectives and with your agreement arrange relevant solutions for you.
1.5 Tyne Energy Limited does not operate as an agent, and this document does not create such a relationship.
1.6 For security, we will validate any changes of authority with the individual named on this document directly.
1.7 We reserve the right to contact the named account holder/site contact named on the account in the event that we deem
it necessary to ensure the correct running of your account.
2. Provision of Services
2.1 When authorised by you under Tyne Energy' Letter of Authority (LOA) we will contact all relevant utility suppliers
to gather information and provide you with suitable and available options for you to select your preferred utility supplier.
2.2 Tyne Energy Ltd will endeavour to negotiate and secure competitive and favourable quotations on behalf of the
customer and will provide relevant quotations obtained from the suppliers to the Customer.
2.3 All of Tyne Energy proposals provided to the customer contain indicative rates and therefore does not constitute a contract and there is no guarantee of rates.
Tyne Energy proposal is only guaranteed once contacts have been agreed by the customer and the rates have been confirmed as secured by the chosen utility supplier.
2.4 Any quotation offered by a utility’s supplier to a customer via Tyne Energy shall not constitute an offer, the quotation is only valid for the
period that the supplier dictates and can be changed at any point by the supplier until the contract is agreed and secured by the supplier.
2.5 Where a customer wishes to proceed with a quotation from a supplier, Tyne Energy will complete the provision of the Services by organising the
written contract between the supplier and customer for the supply and purchase of the Suppliers Service
2.6 To enable Tyne Energy Ltd to provide the Services, the Customer responsible for ensuring that all information provided by them is true and accurate.
Any errors must be promptly made known to Tyne Energy Ltd.
2.7 Any utility supply contract you enter into is between you, the customer,
and the utilities supplier; we are not responsible for the terms of the utility supply contract or performance under it.
3. Charges and Payment
3.1 Unless you agree to pay a fee directly to us, Tyne Energy is typically remunerated for the services
that it supplies to you via a payment from a utilities supplier as a “commission” for securing your utility supply contract. This is usually included by way of an uplift
applied within the costs charged to you under your utility supply contract.
Your charges for Tyne Energy provision of services are therefore typically included in the supply contract charges that you pay.
3.2 Tyne Energy will only earn a commission if it is successful in brokering a utility supply contract on the customer’s behalf
3.3 In order to calculate the estimated total commission you need to take the uplift and multiply by number of units.
3.4 Tyne Energy will disclose to the customer, on request, the estimated amount of commission at the point of contracts being agreed.
You are then entitled to request commission amount any time after the contract has gone live.
3.5 Tyne Energy will remain entitled to collect commission under your utility supply contract despite the expiry or withdrawal of your services with Tyne Energy.
3.6 The customer will not pay Tyne Energy any additional fees on top of commission built into supply contracts unless there have been prior alternative commercial agreements made between Tyne Energy and the customer.
3.7 The utility contract supplier shall pay any commissions direct to Tyne Energy. By entering into a supply contract brokered by Tyne Energy hereby confirms that you, the customer,
is aware that commission is payable direct to Tyne Energy and waives any rights you may have to challenge such commissions now or in the future.
4. Customer Obligations
4.1 The customer will reimburse Tyne Energy on written demand any loss or cots sustained by
Tyne Energy arising directly from the customer default.
4.2 If the customer uses Tyne Energy services to obtain a utility supply contract, which then fails to go live, or is cancelled,
terminated or otherwise transferred away from the customer or utility supplier, or the customer chooses not to proceed with the utility supply contract for any reason,
then Tyne Energy are entitled to charge the customer a fee up to the total value of the utility contract commission to Tyne Energy.
4.3 The Customer agrees that Tyne Energy Ltd is not liable in any way for or in relation to any transaction, dealing or arrangements of any kind made between the Customer and a Supplier.
Any transactions or dealing are at the Customers sole risk and responsibility.
5. Limitations of Liability
The customer’s attention is particularly drawn to this clause
5.1 Nothing in these Terms shall limit or exclude the Tyne Energy Ltd 's liability for:
- 5.1.1 - death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- 5.1.2 - fraud or fraudulent misrepresentation;
- 5.1.3 - breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession)
5.2 Subject to clause 5.1:
- 5.2.1 - Tyne Energy Ltd shall under no circumstances whatever be liable to the Customer, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms or the
supply of the Services by Tyne Energy Ltd;
- 5.2.2 - Tyne Energy total liability to the Customer in respect of all other
losses arising under or in connection with these Terms or the supply of the Services to the Customer,
whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £5000.
- 5.2.3 - breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession)
5.3 Tyne Energy Ltd will take reasonable care and skill in the provision of Services. The Services are, however, dependent upon third parties, including Suppliers and Existing Suppliers.
Tyne Energy Ltd is, therefore, unable to guarantee any time for completion of the Services or to accept Tyne Energy Ltd.
6. Data Protection
6.1 Tyne Energy do not anticipate receiving any personal data, as defined in the Data Protection Legislation, from the customer pursuant to this agreement,
other than contact details of the relevant personnel who are responsible for dealing with utilities, which Tyne Energy shall process as a separate controller.
6.2 The customer agrees that Tyne Energy may share contact details of relevant personal with the utility supplier.
6.3 Each party shall comply with the obligations imposed on a controller under the Data Protection Legislation.
The parties acknowledge that for the purposes of Data Protection Legislation,
the customer is the controller and Tyne Energy are the processor.
7. Complaints
7.1 Customers can submit a complaint using one of the following methods:
- 7.1.1 - Via the contact form on the Tyne Energy website (www.tyneenergy.com)
- 7.1.2 - Via email, by emailing the complaint to [email protected]
- 7.1.3 - By calling 07944463224
- 7.1.4 - Writing to Tyne Energy Limited, Horton Park, Berwick Hill Road, Newcastle Upon Tyne, NE13 6BU
7.2 Tyne Energy will contact you, the customer, within 2 working days to acknowledge receipt of the complaint. We will then investigate and try to resolve the complaint,
where possible, we aim to do this in 14 working days.
7.3 If you, the customer, doesn't find our outcome satisfactory,
you will need to appeal our resolution within 21 days of our response.
7.4 If after 8 weeks your complaint is still unresolved, or you are unsatisfied with our final response or we are deadlocked,
then you can refer your case to the Ombudsman Services for an impartial and free review of your case if you meet the below criteria:
- 7.4.1 Your business is registered in the UK
- 7.4.2 You are categorised as a microbusiness by Ofgem
- 7.4.3 You've received a deadlock response from Tyne Energy Limited or
8 weeks has elapsed since you first registered your complaint