Terms and Conditions | Lloyd Energy

These Terms and Conditions apply to your use of our website. By using this website you agree to be bound by these Terms and Conditions and agree that you have read and understood them. If you do not agree to be bound by the Terms and Conditions and by any other guidelines or rules applicable to particular services or schemes set out below you should not use this website.

Definition

The following words have the following meanings: “Conditions” means these terms and conditions; “Product Provider” means the provider of products, services, or goods listed on, and potentially able to offer its product and services through this website; “Great Britain” means England, Wales and Scotland; “Us/Our and we” means A Cube Utilities Ltd (trading as Lloyd Energy) of Kemp House 152 - 160 City Road London EC1V 2NX, England; “You” means the user of the website.

Intellectual property

You acknowledge and accept that all copyright, trademarks and all other intellectual property rights in all material or content provided as part of the website belong to us and the Product Providers. You may download material from this site for your own use only. No right, title or interest in any downloaded materials is transferred to you by such downloading. Any other use of the material and content of the website is strictly prohibited and you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material except for the purpose of applying for energy services or with our written consent.

Our liability to you

While we will use all reasonable endeavours to ensure the accuracy of any information placed on the website, we make no representations or give any warranties of any kind with respect to this site or its contents and we disclaim all representations, except where fraudulently made, and warranties. In addition we make no representations or warranties about the accuracy or the information contained on this website. The information provided to you in connection with the products is provided by the Product Provider and you acknowledge that we have no liability to you with respect to the accuracy of such information. These disclaimers do not attempt to disclaim liability for matters which cannot be excluded under any applicable English law. We make no warranty that the website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be liable to you for any loss of content or material uploaded or transmitted through the website. We cannot guarantee that a Product Provider will be able to provide a particular product at any particular time or that a product will be available from day to day. We do not accept any liability in the event of withdrawal of any product or for rejection of your application by the Product Provider for any reason whatsoever. We cannot be responsible for the services offered by us as agents for third parties (including but not limited to Product Providers) or for any aspect of the relationship between you and that third party. We will not be responsible for any loss or damage suffered as a result of a dispute between yourself and any third party due to the use of our Service. Neither we or any of our directors, agents or employees will be liable for damages arising out of or in connection with your use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including, without limitation, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties. We do not exclude any liability for death or personal injury resulting from our negligence or that of our directors, agents or employees. This website is designed to provide you with general information only and does not attempt to give you advice on any particular product or to recommend any particular product to you. The information on this website may not include all products available on the market.

Indemnity

You agree to fully indemnify us immediately on demand from and against all claims, actions, liability, losses, costs and expenses, including legal fees arising from any breach by you of any of these Conditions or any other liabilities arising out of your use of our website.

Our rights

We reserve the right at any time to modify or withdraw, temporarily or permanently, the website or any part of it without notice to you and we will not be liable to you in any way for any modification or withdrawal of the website. We also reserve the right to modify these Conditions without reference to you. We reserve the right at any time to refuse to process a transaction for any reason. We will not be liable to you or any third party by reason of our refusing to process a transaction. In the event that your application is refused on five separate occasions in any six month period you will not be able to apply again via our website for a further six month period. We accept no liability for any loss that this may cause you of whatever nature. By making an application for energy services you expressly authorise us to transmit information or to obtain information about you from third parties from time to time, including but not limited to your credit reports, in order to authenticate your identity.

Third party links

In the event that there are third party links to other websites for your convenience, you acknowledge and agree that we are not responsible for the availability or functionality of such external sites. We do not endorse the content of any external sites and are not responsible or liable, directly or indirectly, for any loss however caused to you by your use of any external site.

General

The information on this website is for residents of Great Britain only. We shall not be liable to you where performance of any of our obligations to you is prevented, frustrated or impeded by any circumstance or cause beyond our control. If any part of these Conditions is found to be unenforceable as a matter of law, all other parts of these Conditions shall not be affected and shall remain in force. These Conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction over any disputes between us.

Commission

In common with all energy supplier comparison websites & energy brokers, Lloyd Energy receives a commission from suppliers when you switch your energy supply through us. That charge is factored by the supplier in the price you pay to them. We show all suppliers, regardless of our relationship with them, and will always provide you with all the latest available products.

Additional Terms and Conditions for Website Use and Utility Contract Services Arranged by Us

Definitions

• Business Day: a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.
• Commencement Date: has the meaning given in clause 2.1.
• Commission: means the commission payable by the Utility Supplier to Lloyd Energy in respect of the Utility Contract.
• Conditions: these terms and conditions as amended from time to time in accordance with clause 10.6.
• Contract: the contract for Services between Lloyd Energy and the Customer in accordance with these Conditions.
• Customer: the person or business who obtains the Services from Lloyd Energy and enters into a Utility Contract.
• Customer Default: has the meaning set out in clause 4.3.
• Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK.
• Lloyd Energy: A Cube Utilities Ltd T/A Lloyd Energy, a company registered in England and Wales with Company number 10826506.
• Services: means the brokering of Utility supply contract(s) including presenting the customer with details of proposals and rates for the supply of the relevant Utility and providing Utility account management.
• Utility: electricity and/or gas.
• Utility Contract: a contract entered into by the Customer and the Utility Supplier for the supply of the relevant Utility as part of the Services.
• Utility Supplier: the supplier of the relevant utility under the Utility Contract.

Interpretation

(a) A reference to legislation or a legislative provision is a reference to it as amended, extended, or re-enacted from time to time and includes all subordinate legislation made under that legislation.
(b) Expressions such as including, include, in particular, for example, or any similar expression shall be illustrative and not limit the sense of the words, description, definition, phrase, or term preceding those expressions.

2.Basis of Contract

2.1 By signing these conditions, the Customer acknowledges and accepts entering into a legally binding Contract to obtain the Services. The Contract comes into existence on the date these Conditions are signed by the Customer ("Commencement Date").
2.2 Samples, drawings, or advertising issued by Lloyd Energy do not form part of the Contract. Quotations by Lloyd Energy and/or the Utility Supplier may contain indicative rates, subject to confirmation.
2.3 These Conditions apply exclusively to the Contract, and any other terms sought to be imposed by the Customer are excluded.

3. Supply of Services

3.1 Lloyd Energy shall supply the Services to the Customer with reasonable skill and care.
3.2 Any performance dates are estimates, and time is not of the essence.
3.3 Lloyd Energy reserves the right to amend the Services to comply with laws or regulatory requirements.

4. Customer's Acknowledgment and Obligations

4.1 The Customer acknowledges that Lloyd Energy operates as a third-party intermediary, and Lloyd Energy's role is not that of a price comparison service.
4.2 The Customer undertakes responsibilities, including providing accurate information, cooperating in matters relating to the Services, and ensuring continued Utility supply.
4.3 The Customer is not in breach if they provide written notice and required documentation 30 days before moving out ("Change of Tenancy").
4.4 Customer Default empowers Lloyd Energy to suspend Services, and the Customer must pay Lloyd Energy the Commission as per clause 5.4.

5. Charges and Payment

5.1 Lloyd Energy receives Commission only upon successfully brokering a Utility Contract.
5.2 The fixed rate uplift (Uplift) in the unit rate proposed shall not exceed £0.04 per kWh.
5.3 Lloyd Energy may transfer Uplift to the standing charge at its discretion.
5.4 The Customer shall pay amounts due within 30 days or as per agreed credit terms, in full and to the specified bank account.
5.5 Amounts are exclusive of VAT, added at the relevant rate.
5.6 Late payments incur interest at 4% above the Bank of England's base rate.
5.7 Payments are without set-off, counterclaim, deduction, or withholding, except as required by law.

6. Data Protection

6.1 Both parties shall comply with Data Protection Legislation.
6.2 The Customer is the controller, and Lloyd Energy is the processor under Data Protection Legislation.
6.3 Customer data may be shared with Utility suppliers for obtaining quotes and assessing creditworthiness.

7. Limitation of Liability

7.1 This clause covers all kinds of liability under or in connection with the Contract.
7.2 This clause covers all kinds of liability under or in connection with the Contract.
7.3 Liability exceptions include death, personal injury, fraud, or fraudulent misrepresentation.
7.4 Lloyd Energy's total liability is capped at the Commission received for the relevant Utility Contract.
7.5 Certain types of loss are fully excluded..
7.6 The Customer indemnifies Lloyd Energy against claims arising from the Customer's use of Services or breaches of the Contract.
7.7 Certain terms implied by law are excluded.
7.8 Notice and details are required for making a claim, and the period is 6 months from awareness.
7.9 This clause survives termination.

8. Termination

8.1 Lloyd Energy may terminate for material breach, Customer Default, or financial deterioration.

9. Consequences of Termination

9.1 On suspension or termination, clause 4.4(b) and clause 4.4(c) apply.
9.2 Termination or expiry does not affect accrued rights or obligations.
9.3 Provisions intended to continue after termination remain in force.

10. General

10.1 Force Majeure:Neither party is liable for delays due to events beyond its control.
10.2 Assignment: Lloyd Energy can assign rights; the Customer cannot without consent..
10.3 Confidentiality: Parties must keep confidential information private.
10.4 Partnership or Agency: No partnership or agency is established.
10.5 Entire Agreement: The Contract is the entire agreement between the parties, superseding all prior agreements.
10.6 Variation: No variation is effective unless in writing and signed by Lloyd Energy's Managing Partner.
10.7 Waiver: Waivers are effective in writing only.
10.8 Severance: Invalid provisions are deemed deleted, and the parties negotiate a replacement.
10.9 Notices: Notices must be in writing and delivered as specified.
10.10 Third-Party Rights: The Contract does not confer rights on third parties.
10.11 Governing Law: The Contract is governed by English law.
10.12 Jurisdiction: The courts of England and Wales have exclusive jurisdiction.

Important Note: This document outlines the terms and conditions for Lloyd Energy's services. Customers entering into a contract with Lloyd Energy agree to be bound by these conditions. It is crucial to read and understand these terms. If clarification is needed, customers should seek further information before proceeding.

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