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Customer’s obligations The Customer agrees:
(i) to cooperate with Prime Business Energy in all matters relating to the Services and not in any way through acts or omissions hinder, prevent or delay the provision of the Services;
(ii) to comply at all times promptly and completely with both this Agreement and any terms and conditions of the relevant Supplier relating to the Contract;
(iii) to provide such information, data or documents as Prime Business Energy may request from time to time;
(vi) to ensure that all information and documents provided to Prime Business Energy are complete, up-to-date and accurate at all times;
(v) to provide such assistance as Prime Business Energy may reasonably require from time to time in relation to the Services
(vi) to immediately inform Prime Business Energy in the event there is any change in the Customer’s circumstances that may affect the provision of the Services;
(vii) to comply with the provisions of the Bribery Act 2010 and any other applicable legislation; and
(viii) not to enter into any other contract (for any reason including due to a change in tenancy or change in occupancy) for the supply of energy (“Other Contract”) for the intended period of the Contract whereby that Other Contract provides energy and/or the Services, whether in whole or in part, to be provided under the Contract. Customer’s breach of the Agreement: suspension and termination The Customer’s attention is drawn to this clause: the consequences of the Customer breaching this agreement 3.1 Without affecting any other right or remedy available to it, Prime Business Energy may, as it sees fit, terminate or suspend the Agreement with immediate effect by giving written notice to the Customer if:
(i) the Customer commits a material breach of any term of the Agreement and (if such a breach is remediable) fails to remedy that breach to Prime Business Energy's satisfaction within fourteen days of the Customer being notified in writing to do so;
(ii) the Customer takes any step or action in connection with its entering administration, provisional liquidation, or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), is subject to a winding-up process (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), has a receiver appointed to any of its assets, or ceases to carry on business; or
(iii) the Customer suspends or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
In the event of such termination or suspension, Prime Business Energy is relieved of all its obligations under the Agreement.3.2 Further in the event of:
(i) termination (that may conclude suspension); or
(ii) any breach of a Customer Obligation for whatever reason, the customer will, on receipt of demand, pay to Prime Business Energy the Breach Fee. The Breach Fee shall be a payment of whichever is higher either:
(i) representing the Commission Payment (or such balance of the Commission Payment yet to be paid to Prime Business Energy) which Prime Business Energy would have received from the Supplier but is not received due to the Customer Breach; or
(ii) a fixed amount of £650.00 3.3 VAT is due to be paid on a Breach Fee. 3.4 The Customer agrees that the Breach Fee is due to be paid within seven days of receiving demand for the same and that it enjoys no right of set off, defence, counterclaim,
or other reason to withhold or delay payment.
Services:
1.1 The Customer agrees that:
(i) the Letter(s) of Authority constitutes a request by the Customer to purchase Services in accordance with these conditions. This Agreement shall come into existence (Commencement Date) when the Letter(s) of Authority signed by the Customer is received by Prime Business Energy;
(ii) the Customer agrees that in return for Prime Business Energy receiving the Commission Prime Business Energy shall supply the Services to the Customer as per this Agreement; and
(iii) Prime Business Energy is not a price comparison service. Although Prime Business Energy works with many suppliers of energy, it does not have access to every such supplier.1.2 Prime Business Energy does not guarantee that it will arrange what a third party may claim is the cheapest supply available. Prime Business Energy considers a number of factors when assessing which suppliers and which supply contracts are best suited to the Customer. Prime Business Energy will seek the option(s) that in its opinion is/are best suited to the Customer with the price of the supply being just one of the factors to consider.
Data Protection Legislation:
All relevant data protection and privacy legislation in force from time to time in England and Wales a non-exhaustive list of which includes the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.Letter of Authority: such letters of authority being as the Customer may sign from time to time.
Customer Obligations: as set out in clause 2.
Contract:
The contract entered into by you (or by us on your behalf) with the Supplier for the supply of energy and as part of the Services and any extensions to this Agreement.
Customer Breach
Any act or omission of the Customer that represents a breach of the terms of this Agreement by the Customer.
Confidential Information:
Means such information as one party may provide to the other as part of or in relation to this Agreement.
Commission Payment:
The payment Prime Business Energy is entitled to receive from the Supplier as a result of the Customer entering into the Contract.
Commencement Date:
Has the meaning given in clause 1.
Breach Fee:
Payment due from the Customer to Prime Business Energy in the event of a Customer Breach.
Agreement:
the contractual relationship between Prime Business Energy and the Customer as set out in these terms and conditions and Letter of Authority.
Definitions
Prime Business Energy Terms and Conditions For the supply of energy procurement services to business customers.
In these terms and conditions, Prime Business Energy Limited company registered number 15194803 whose registered office is Unit 5 St Georges Business Park Kirkham Lancashire PR4 2EF. The customer of Prime Business Energy is referred to as the Customer and is the individual, firm, company, or other organisation as per the Letter of Authority or other document or communication agreed between us.