I Consultancy NE – Terms & Conditions

Last reviewed: May 2025

Customer attention is drawn in particular to clause 6 – Charges and Repayment.

1. Background

1.1 I Consultancy NE is a private limited company providing commercial energy consultancy and procurement
services to businesses and other entities across the UK.

2. Interpretation

Business Day: A day other than Saturday, Sunday or a public holiday in England, when banks in London are open for business.

Commencement Date: Has the meaning given in clause 3.2.

Commission: The commission payable by a utility supplier, via an increase to the customer’s unit rate or standing charge
(as described in clause 6), to I Consultancy NE in respect of a utility contract.

Conditions: These terms and conditions, as amended from time to time in accordance with clause 12.

Customer: The person or business who obtains the services from I Consultancy NE and enters into a contract.

Contract: The agreement between I Consultancy NE and the Customer in accordance with these Conditions.

Customer Default: Has the meaning set out in clause 5.3.

Data Protection Legislation: All applicable data protection and privacy laws in force from time to time in the UK,
including the UK GDPR, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003.

Letter of Authority: A letter signed by the Customer authorising I Consultancy NE to contact current or previous
suppliers in order to obtain account information, pricing or renewal terms, and/or negotiate contracts on the Customer’s behalf.

Services: The brokering and management of commercial utility contracts including, but not limited to, sourcing rates,
presenting proposals, negotiating terms, arranging contract acceptance, and providing ongoing account support and renewal support.

Utility: Electricity and/or gas.

Utility Contract: A contract entered into by the Customer and a Utility Supplier for the supply of Utilities as a
result of or in connection with the Services provided by I Consultancy NE.

Utility Supplier: The supplier of the relevant Utility under the Utility Contract.

Interpretation:

References to legislation include all amendments, extensions or re-enactments and any subordinate legislation.
Words such as “including”, “for example”, or similar are illustrative and do not limit the wider meaning.

3. Basis of the Contract

3.1 By signing a Letter of Authority, the Customer acknowledges and agrees that they are entering into a
legally binding agreement with I Consultancy NE for the provision of the Services.

3.2 The Contract is deemed to commence on the date the Letter of Authority is signed by the Customer (the
“Commencement Date”).

3.3 Any marketing material, proposal documents, or verbal guidance provided by I Consultancy NE is for
information only, is indicative in nature, and does not form part of the Contract unless expressly confirmed in writing.

3.4 All prices and quotes provided by I Consultancy NE and/or the Utility Supplier are indicative and subject
to confirmation by the Utility Supplier. Rates are only confirmed once the supplier has issued written acceptance.

3.5 These Conditions apply to the Contract to the exclusion of any other terms the Customer seeks to impose
or which may otherwise be implied by custom, practice or previous dealings.

4. Supply of Service

4.1 I Consultancy NE shall carry out the Services with reasonable skill and care.

4.2 Any timelines, target go-live dates, renewal dates or switching windows provided are estimates only.
Time is not “of the essence” unless explicitly stated in writing.

4.3 I Consultancy NE may amend the Services if required to comply with any legal, regulatory or supplier
requirement, or where such amendment does not materially affect the overall nature or quality of the Services.

5. Customer’s Acknowledgement and Obligations

5.1 Customer Acknowledgement

The Customer acknowledges and agrees that:

• I Consultancy NE operates as an independent third-party intermediary between the Customer and Utility Suppliers.
• I Consultancy NE is not a price comparison website or marketplace. It may not work with every possible supplier or tariff in the market.
• No guarantee is given that the rates offered to the Customer are the absolute cheapest available in the UK market at any given time.
• There is no statutory cooling-off period for commercial/business energy contracts.
• Any “savings” figures are indicative and based on the information provided at the time of quote; they are not guaranteed future savings.
• By entering into a Utility Contract, the Customer is contracting directly with the Utility Supplier, not with I Consultancy NE.
• I Consultancy NE does not control the performance or billing behaviour of the Utility Supplier and is not liable for supplier actions, errors or charges.
• Any contract provided by a supplier may be subject to credit checks and approval by that supplier.
• I Consultancy NE may retain the Customer’s contact details and may get in touch prior to contract end/renewal to discuss options.

5.2 Customer Obligations

The Customer represents, warrants and undertakes that it shall:

• Provide, on request, true, complete and accurate information required to obtain quotations or manage the account.
• Co-operate fully with I Consultancy NE in all matters relating to the Services.
• Where reasonably requested, provide access to premises, meter information, statements, current contract details and consumption data.
• Ensure that any person acting on its behalf has authority to bind the Customer into a Utility Contract.
• Maintain all necessary licences, permissions and consents required for the supply of the relevant Utility.
• Inform I Consultancy NE immediately of any material change in business circumstances (for example change of ownership, insolvency risk, relocation or change of tenancy).

The Customer will not be treated as in breach of certain obligations where they have properly exited a site under a genuine change of tenancy and have supplied reasonable evidence of that change (for example, new tenancy agreement and solicitor confirmation).

5.3 Customer Default

If I Consultancy NE’s performance of the Services is delayed, prevented or made more expensive due to
the Customer’s act or omission (a “Customer Default”), including but not limited to cancellation, failure to
go live, refusal to honour an agreed contract start date, or moving supplier without notice:

• I Consultancy NE may suspend performance of the Services until the Customer remedies the issue; and
• I Consultancy NE shall not be liable for any losses arising from that delay or suspension; and
• The Customer shall be liable to pay I Consultancy NE an amount equivalent to the commission I Consultancy NE would reasonably have earned had the Utility Contract proceeded as agreed (see clause 6).

6. Charges and Repayment

6.1 I Consultancy NE is typically paid by the Utility Supplier, not directly by the Customer. This payment is
our Commission.

6.2 Commission is usually built into the pence-per-kWh unit rate and/or the standing charge that the Customer
agrees with the Utility Supplier. This small uplift funds the brokerage and account management service.

6.3 The uplift (commission element) may be spread across the unit rate and/or the standing charge over the
life of the contract.

6.4 If the Customer cancels, attempts to terminate early, refuses to go live, or otherwise causes a contracted
deal not to complete (Customer Default), I Consultancy NE reserves the right to invoice the Customer for
an amount equivalent to the lost Commission that would otherwise have been received from the Utility Supplier.

6.5 Where I Consultancy NE issues an invoice directly (for example, in the situation described in 6.4), payment
terms are 30 days from invoice. All invoices are payable in full, to the nominated bank account, without set-off.

6.6 Late payment may accrue interest at 4% above the Bank of England base rate from the due date until paid.

6.7 All amounts are exclusive of VAT unless stated otherwise.

7. Data Protection

7.1 Each party shall comply with applicable UK Data Protection Legislation.

7.2 For data processed in order to obtain quotes, manage contracts, and liaise with suppliers, the Customer
is the data controller and I Consultancy NE is the data processor.

7.3 The Customer agrees that its business details, site details, meter information and contact details may
be shared with Utility Suppliers (and credit reference agencies where relevant) for the purposes of obtaining
quotes, arranging or renewing the Utility Contract, and managing queries or billing disputes.

7.4 Contact details for data and compliance enquiries:

Email: info@iconsultenergy.co.uk

8. Limitation of Liability

8.1 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, or
for fraud or fraudulent misrepresentation.

8.2 Except where the law does not allow limitation, the total aggregate liability of I Consultancy NE to the
Customer for any claim arising out of or in connection with the Services or the Contract (whether in contract,
tort, negligence, misrepresentation or otherwise) shall not exceed the total Commission actually received by
I Consultancy NE in respect of the Utility Contract to which the claim relates.

8.3 I Consultancy NE shall not be liable for any:

• loss of profits, revenue or anticipated savings;
• loss of business, contracts or opportunities;
• loss of goodwill or reputation;
• loss of data; or
• indirect, special or consequential loss.

8.4 The Customer agrees to indemnify and hold I Consultancy NE harmless against any claims, costs or
liabilities arising out of (a) the Customer’s use of the Services; (b) any dealings between the Customer and a
Utility Supplier; or (c) any breach by the Customer of these Conditions.

8.5 This clause 8 survives termination of the Contract.

9. Termination

9.1 I Consultancy NE may suspend Services immediately and/or terminate the Contract by written notice if:

• The Customer commits a material breach and does not remedy it within 7 days of written notice;
• The Customer provides false, misleading or incomplete information;
• A Customer Default occurs (as described in clause 5.3);
• The Customer ceases, or threatens to cease, to carry on business; or
• In I Consultancy NE’s reasonable opinion, the Customer is or may soon be unable to meet its payment or contractual obligations.

10. Consequences of Termination

10.1 Termination does not affect any rights or obligations that have already built up before termination,
including the right to claim damages.

10.2 Any clause which by its nature is intended to survive termination (including charges, limitation of
liability, confidentiality and data protection) shall continue in full force and effect.

11. Intellectual Property

11.1 All intellectual property rights in I Consultancy NE’s materials, documentation, tools, processes and
communications remain the property of I Consultancy NE.

11.2 You must not reproduce, distribute or repurpose any materials provided by us, other than for the
purpose of reviewing or entering a Utility Contract for your own business.

11.3 You must not copy or reuse our wording, tools, data extracts, brochures or website content for your
own commercial use without written consent.

12. General

12.1 Force Majeure. Neither party is liable for failure or delay caused by events beyond reasonable
control (including outages, strikes, supplier failure, extreme weather, or changes in law).

12.2 Assignment. I Consultancy NE may assign or subcontract its rights and/or obligations under the
Contract. The Customer may not assign or transfer its rights or obligations without written consent.

12.3 Confidentiality. Both parties agree to keep confidential all non-public commercial, pricing,
and supplier information disclosed during the Contract, except where disclosure is required by law or a
regulatory authority.

12.4 No Partnership. Nothing in these Conditions creates a partnership, joint venture, agency
relationship or exclusive arrangement between I Consultancy NE and the Customer.

12.5 Entire Agreement. These Conditions form the entire agreement between the parties and
replace all previous proposals, statements, negotiations or understandings relating to the Services.

12.6 Variation. Any change to these Conditions must be confirmed in writing by a director of
I Consultancy NE.

12.7 Waiver. A delay in enforcing any right under the Contract does not waive that right, and
part-enforcement does not prevent full enforcement later.

12.8 Severance. If any provision of these Conditions is found to be invalid or unenforceable, that
provision shall be treated as removed, and the rest of the Conditions shall continue in force. The parties
will work in good faith to replace any invalid clause with something lawful that reflects the commercial
intention of the original wording.

12.9 Notices. Formal notices must be sent in writing either:

• by hand delivery; or
• by first-class post / next working day delivery service; or
• by email to cancel@iconsultenergy.co.uk.

A notice is deemed received:

• if delivered by hand, at time of delivery;
• if posted first-class, at 9:00am on the second Business Day after posting; and
• if emailed, at the time of transmission (or 9:00am next Business Day if sent outside normal UK business hours).

12.10 Third Party Rights. No one other than the Customer and I Consultancy NE has any right
to enforce any of these terms under the Contracts (Rights of Third Parties) Act 1999.

12.11 Governing Law. These Conditions and any dispute or claim (including non-contractual
disputes or claims) are governed by the laws of England and Wales.

12.12 Jurisdiction. The courts of England and Wales shall have exclusive jurisdiction over any
dispute arising out of or in connection with these Conditions or the Services.

12.13 Complaints Support. While I Consultancy NE is not responsible for supplier performance,
billing, service delivery, outages or conduct, we may assist you in communicating with your Utility Supplier
to help progress a resolution where possible.

12.14 Website and Email Security. I Consultancy NE does not guarantee that its website or email
communications are free from viruses, interception or errors. You are responsible for using appropriate
security, backups and virus protection.