Terms and Conditions
The following document sets out the terms and conditions of service for BGS Energy. We have set out below the principal terms which come into effect once a customer uses the BGS Energy switching service.
If you have any further questions about these terms and conditions, or anything else, please contact our Customer Services team who will be more than happy to help you further.
These terms and conditions govern the use of the services BGS Energy provides to customers. It is important that you read these terms and conditions carefully before accepting these terms and conditions. By using the BGS Energy service/s you signify that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these terms – DO NOT use our service.
Price Comparison / Switching Service
BGS Energy provides a price comparison / switching service to UK businesses. To be eligible to use this service you must be;
A business that is resident in the UK;
Eighteen years or older (if a sole trader);
Meet the credit scoring requirements of any supplier (if applicable).
We reserve the right to refuse to provide our services to any customer at our discretion.
If the customer agrees to use our services, BGS Energy will use its reasonable endeavors to identify, negotiate and secure competitive energy prices. Energy prices are obtained from a panel of energy suppliers using price books provided by suppliers.
The customer agrees to provide BGS Energy with accurate information to allow accurate quotations to be obtained – including estimated or actual usage of energy, contract end dates and other known factors that may influence prices and quotations.
The provision of a quotation by a supplier via BGS Energy does not constitute an offer to the customer and offers will each have their own supplier’s terms and obligations attached. If the customer accepts a quotation and a contract is executed between the customer and the supplier, the contract is binding, and the customer will not be permitted to revoke such an acceptance. The supplier shall be entitled at any time to refuse to accept a customer’s offer of acceptance at their discretion.
If the customer and supplier wish to enter into a contract, BGS Energy will provide a switching service (or renewal service) which will include organising the contract between the customer and the energy supplier for the purchase and supply of the energy services.
Delays and advice provided by BGS Energy
BGS Energy will not be responsible for any delays or failures caused by either the customer, BGS Energy, the proposed supplier or any existing supplier in relation to effecting either a transfer of supply or renewal of supply. BGS Energy makes no guarantees as to either the quality of the service suppliers operates, or the prices obtained at quotation.
Energy prices fluctuate on a daily basis and, whilst we attempt to help secure competitive rates to enable switching or renewal, we cannot guarantee any quote is the cheapest due to market movement.
BGS Energy will provide advice on prices, suppliers and contract lengths based on our own market analysis and by considering supplier and other third-party data and insights. The customer agrees not to hold BGS Energy liable in any way for any changes in market conditions or for the accuracy of any advice provided – this indemnity includes making claims to ADR providers or the Energy Ombudsman. The customer agrees that our advice is in no way underwritten and that energy prices can go up and go down.
The customer is reminded that ultimately it is their responsibility to validate the accuracy of any quotations presented, and it is the customers decision on what supplier, contract length and product type to select It is also the customer’s responsibility to ensure that the contract(s) have been submitted to the supplier/s and will go live. This is usually represented by receiving/accepting communication from either the new or old supplier to confirm that the switch/ renewal is occurring.
The customer acknowledges that they are entering into a contract with a supplier for the provision of energy supply and not with BGS Energy. The customer agrees that BGS Energy is not liable in any way for any dealings, contracts or transactions between the customer and the supplier and that any such transactions, contracts, dealings or payment obligations are the customers responsibility and risk.
The customer agrees by using the service that BGS Energy is an independent energy brokerage, and thatBGS Energy is not instructed by the customer to act as their agent or representative.
The customer agrees that BGS Energy are not responsible for the provision of any supplier services.
Charges
BGS Energy is remunerated directly by the suppliers and receives a commission for securing and finalising the contract between the customer and the energy supplier. This is usually by way of an uplift that is applied within your unit cost for energy. The cost of BGS Energy’s service is therefore included within the cost of the energy contract that you agree with the supplier.
By way of example, we may secure a price for electricity at 26 pence per KWH and apply a 0.9p uplift. The contracted price we would offer would therefore be 26.9p. Our commission would be calculated as 0.9p multiplied by your annual energy consumption and multiplied by the contract term. Our uplifts depend on the size of contract, length and other factors such as credit risks. Our average uplift is a few percent of your total energy cost and typically around 1p. We benchmark our average uplift against our competitors. Because we get paid by suppliers, we only offer prices from those suppliers on our panel. Our panel currently consists of over 90% of the UK business energy suppliers (by customer numbers) so we have a very wide range to price from.
Further information on how much commission we expect to receive or have received on a contract can be found by contacting our Customer Services team.
Duplicate contract fees
Where the customer enters into a contract with a supplier and uses the BGS Energy service, this contract must be accepted as legally binding. In the event the customer enters into another contract with another supplier, and the contract facilitated by BGS Energy fails to proceed to live status,BGS Energy will receive no fee for its services from a supplier and will have incurred time and loss
In those circumstances,BGS Energy reserves the right to charge the customer a one off “failed contract” fee of £750 per meter plus VAT, or the total value of commission we would have earnt on the contract introduction (per meter) – whichever is the higher figure. This is in addition to any charges the supplier may also attempt to recover for the failed contract. It is important that once you have entered into a contract with a supplier that you honor that contract and do not enter into duplicate contracts with other suppliers.
A “Win Back” is where we introduce you back to your incumbent supplier (renew) after beating another price from another supplier you have agreed to move too. By winning back the contract you are effectively cancelling the contract you have agreed to leave your incumbent supplier and renew again with them.
Change of Tenancy Notifications and Fees
Where a customer enters into an energy contract through BGS Energy but decides to move premises mid contract the contract will terminate. This is called a “change of tenancy” or “COT”. BGS Energy fees are adjusted by supplier if a COT occurs. Its therefore important that you notify BGS Energy at least 14 days before the end of your energy contract in the event that you are moving premises, and a COT will occur. COT reasons include but are not limited to change of business name, debt, meter removal, paid to leave contract and novation.
Failure to notify BGS Energy will incur a fee for the loss / reduction in commission the supplier pays us. In those circumstances, BGS Energy reserves the right to charge the customer a one off “failed contract” fee of £750 per meter plus VAT, or the total value of commission we would have earnt on the contract introduction (per meter) – whichever is the higher figure. BGS Energy will discount the % of the contract that’s been fulfilled from the failed contract fee.
Failure to go live
If a contract fails to go live (commence supply) due to the customer failing to provide us with information or documentation requested by either us or the supplier, or through a failure of a supplier / supplier refusing to accept supply, BGS Energy reserves the right to charge the customer a one-off fee of £750 per meter plus VAT. Critical information required, but not limited too includes – signed letters of authority, current supplier information, meter numbers, contract start or end dates, termination notifications, supplier ceasing to trade / onboard contracts and banking details including setting up direct debits or standing orders with a new supplier.
Failure of a supplier
If your current supplier fails, and you enter a supplier of last resort (SOLR), BGS Energy fees may not be paid by the supplier that fails. In those circumstances we will charge a fee of £750 per meter plus VAT (if our fees are not already paid by more than 80%) to cover our lost fees incurred. We may at our discretion agree to waive those fees if the customer instructs BGS Energy to introduce another supplier to take over their SOLR contract.
Auto Renew
If you have provided us with delegated authority (DA) to renew your energy contract on your behalf, our Auto Renewal terms and conditions also apply and are binding.
Guaranteed Energy Renewal Savings Terms and Conditions
BGS Energy’s “Guaranteed Energy Renewal Saving” will save you money on the initial renewal contract offered by your current supplier for the gas and/ or electricity of your business on 1,2 or 3 year terms. Should the initial renewal quote from your existing supplier be cheaper than the agreement secured through BGS Energy, you will be paid up to £1000.
We’ll aim to beat the forecast annual cost of any 1, 2 or 3-year fixed electricity or gas initial renewal offer, based on your annual consumption that you provide to us. Where we decide not to offer a lower priced plan, we’ll pay up to £1000 per customer. The offer is only valid for new customers of BGS Energy who are small or medium enterprises and excludes any other promotion offered by a competing supplier, e.g. cashback. Your energy tariff or fixed price contract must be in the renewal window. If we can’t beat the price you tell us and you’d like to claim the £1000 promotion, we’ll need to see the competing initial supplier renewal offer either in writing or by email issued by your existing supplier. The contract start date must be within 120 days of the date on the renewal letter or email. The renewal letter or email must be dated after the date that a contract was agreed through BGS Energy. Any renewal offer received prior to the agreement date of does not qualify. A new contract must not have been previously agreed for the meter being quoted.
We’ll review our offer and the competing offer from your existing supplier using information you provide to us such as your annual consumption as well as any additional costs or charges you’ll pay in the competing offer over the contract period, e.g. distribution/transportation, VAT, Climate Change Levy (CCL) or CCL equivalent charge and government environmental charges or costs. If the competing offer is for a 2 or 3-year term, we’ll use the same annual consumption for each year. Incumbent supplier initial renewal offer must have been made within 180 days before the contract is due to end and this must be supplied to BGS Energy
All details of the property and decision maker must be like for like on the quotes gained from BGS Energy. If customer is unable to take the cheapest rate offered by our consultants the “Guaranteed Energy Renewal Saving” offer will not apply.
The promotion is available to small and medium enterprises with less than 10 non-half hourly electricity or non-daily metered gas site and the Individual meter consumption must be below 100,000 annual usage to apply
. Alternative offers through third-party intermediaries are not eligible for this promotion. Any offer of a contract is subject to a credit check. If we can’t beat the initial renewal offer sent in writing from the current supplier, then we’ll send a £1000 cheque made out to the business name within 28 days, following receipt of the written/email offer and of our declining to beat the offer from your existing supplier.
The “Guaranteed Energy Renewal Saving” is up to the value of £1,000. The price guarantee value will be calculated by the annual cost difference between your agreed contract with BGS Energy and your initial renewal offer from your current supplier.
The offer made by BGS Energy must be identical to the incumbent supplier initial renewal – Fully fixed, the term of contract, annual consumption of the business, meter number and business name.
BGS Energy has the right to withdraw or amend the “Guaranteed Energy Renewal Saving” offer at any time.
All contractual agreements offered are subject to a credit check.