This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.smarterbusiness.co.uk (“our site” or “the site”), or our services (the “services”) whether as a guest or a registered user. Please read these terms of use carefully before you start to use the
site or our services

By accessing or using the Website or Call Centre, you agree to be bound by these Terms of Use. Our privacy policy is an essential part of these Terms of Use and by accepting these Terms of Use you also accept and consent to our Privacy Policy. If you do not accept these Terms of Use you must not use the
Website or Call Centre.

We reserve the right to amend these Terms of Use at any time.

1. Information about us

We are registered in England and Wales under company number 07076039 and have our registered office at Green Farm, Smeeth Road, Marshland, St James, Cambridgeshire, PE148EP.Our main trading address is 34 Basepoint, Bridge Road, Haywards Heath. We are a limited company. Our VAT number is 202614555.

2. Services

The site and/or services are aimed at businesses operating in the UK for commercial price comparison services between various energy and other service providers and overseeing the change of one provider to another (the “Services”). The site coupled with our service enables you to compare prices, and other information relating to the Suppliers and products and services offered by them. You may also choose to change supplier and such change will be completed either by dealing with our team or by completing an online application form.

The Services described on our site are aimed at businesses in the UK. We cannot guarantee that the site complies with local laws in other jurisdictions. You are responsible for compliance with laws in your own jurisdiction if outside the UK. The Services are provided to you free of charge. We receive a fee from our suppliers (“Suppliers”) for introducing new customers. This does not compromise our providing you with an impartial service.

You confirm that you will provide us with the relevant information such as (and not limited to) copies of relevant bills in order for us to carry out the relevant searches and where appropriate contact your existing suppliers, MPAS and/or TRANSCO on your behalf. You agree to allow us to retain copies of this relevant information.

We will not be party to any agreements or arrangements you enter into with any Supplier. Any agreements or arrangements that you enter into with any Supplier will be subject to the terms and conditions of the relevant Supplier. We shall in no circumstances be liable for any loss, cost or damage incurred by you in respect of such agreements or arrangements. We will inform you of any applicable terms and conditions imposed by a Supplier, in relation to the supply of its Services, products and/or goods and you agree to abide by those terms and conditions.

You acknowledge that where relevant we may pass your details to Suppliers or potential Suppliers for the purpose of attracting offers to supply services from such Suppliers or potential Suppliers.

3. Payment

Access to our Website is currently free of charge (although you will be charged to purchase products or services from a Supplier). We reserve the right to stop offering the Website free of charge at any time but will notify you of any applicable charges before any such charges are levied.

You acknowledge and agree that you will be responsible for the payment of any amounts payable to any Supplier in accordance with the terms of any agreement entered into with such Supplier and that we will not be liable for any such payment.

4. Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. If appropriate, we have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You may only use our site for lawful purposes. You agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms of use and you shall not access, without authority, or interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms and that they comply with them.

5. Intellectual property rights

All Intellectual Property Rights in and to the Website and content and information available on the Website shall remain our property and you acknowledge and agree that you shall not obtain, nor shall you attempt to obtain, any title to any such Intellectual Property Rights.

You will neither use nor reproduce nor will you attempt to use or reproduce, any part of the Service otherwise than in accordance with these Terms of Use.

You may view, download and print any content, Software, materials and/or information made available to you through the Website, subject to the following conditions:

The content, Software, material, and information may only be used for Your personal and non-commercial purposes; save as expressly permitted by us in these Terms of Use, the content, Software, material, and information shall not be reproduced or included in any other work or publication in any medium; the content, Software, material and information may not be modified, decompiled, reverse engineered, disassembled or altered in any way; save as expressly permitted by us in these Terms of Use, the content, Software, material, and information may not be distributed or sold to any third party; you will not remove any copyright or other proprietary notices contained in the content, material or information.

6. Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. In the event we choose to show information relating to Suppliers’ services and/or the cost of such services, we will use all reasonable endeavours to ensure that such information is updated regularly.

7. Our site changes regularly

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

8. Our liability

The material displayed on our site and our services are provided without any guarantees, conditions or warranties as to their accuracy, completeness, fitness for purpose or legality. You agree that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Suppliers’ information, goods or services shall rest with each Supplier and you. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly
exclude:

All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts (whether direct or indirect);
  • loss of anticipated savings;
  • indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including, but not limited to, any lost savings or loss or corruption of data);
  • direct loss, claim or damage;
  • loss of goodwill;
  • wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including
    negligence), breach of contract or otherwise, even if foreseeable.

The above does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

9. Information about you and your visits to our site

We process information about you in accordance with our privacy policy and all applicable data protection laws in the UK. See our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate, complete and true and that you will promptly notify us of any changes in such information held by us.

You warrant that all information provided on registration and during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information.

10. Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching the above provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

11. Linking to our site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your
request to info@smarterbusiness.co.uk

12. Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. Termination

We reserve the right to immediately terminate our agreement with you if you commit a breach of this agreement; or you fail to remedy a breach within 7 days of receipt of notice of the breach; we suspect reasonable grounds to suspect that the information you have provided to us or a Supplier is untrue or fraudulent. The right to terminate this agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

14.Indemnity

You shall indemnify us against each loss, liability or cost incurred by us arising out of clause 13 above and any claims or legal proceedings arising from your use of the Services or use of the Services through your the password which is brought or threatened against us by any other person.

15. Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use are governed by English law.

17. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

18. Your concerns

If you have any concerns about material, which appears, on our site, please contact us: info@smarterbusiness.co.uk

Thank you for visiting our site.