The following “Terms” are designed to provide you with a high level summary of the main terms that apply to your use of Inenco Group Ltd (“Inenco”,“we” or “us”) including how Inenco works with utility providers; they are designed to be consistent with Inenco standard terms and conditions of business.
These Terms will apply where Inenco provides you with services in the absence of any other specific “Written Agreement” between you and Inenco; which may be in a signed agreement and/or terms and conditions sent by Inenco to you in a welcome letter, email or other confirmatory communication relating to the services supplied by Inenco .
By using Inenco you understand and agree that these Terms will apply unless and until you have a Written Agreement in place with Inenco, in which case, the terms of the Written Agreement will apply and prevail.
You are welcome to request a Written Agreement from your Account Manager.
i. Inenco works with numerous selected utility providers to support service provision to you. Your Account Manager will be able to supply a list of utility providers that we work with on request.
ii. When authorised by you under Inenco’s Letter of Authority (“LoA”), we will contact the relevant utility providers to enable us to provide you with available options for you to select your preferred utility supply. We try to maximise our buying power with utility providers for the benefit of our clients.
iii. Any “Utility Supply Contract” that you enter into will be between the relevant “Utility Provider” and you; we will not be responsible for the terms of the Utility Supply Contract or performance under it.
iv. Entering into a Utility Supply Contract is subject to various dependencies, such as you providing us and/or the Utility Provider with accurate and timely information and/or site access; satisfactory pre-contract checks being undertaken; and you signing the LoA. We will not be responsible for failures/delays to provide services because you do not fulfil the above or other communicated dependencies.
v. Unless you agree to pay us a fee directly, Inenco is typically remunerated for the services that it supplies to you via a payment from the Utility Provider as a “commission” for securing your Utility Supply Contract. This is usually included by way of an uplift applied within the unit costs charged to you under your Utility Supply Contract. Your charges for Inenco provision of services are therefore typically included in the Utility Supply Contract charges that you pay.
vi. Inenco will remain entitled to receive the commission under your Utility Supply Contract despite the expiry or termination of your services with Inenco.
vii. Inenco’s income per Utility Supply Contract varies dependant on market conditions at the time and the characteristics of your consumption pattern, thus is only fully known once the Utility Supply Contract has ended.
viii. If you would like to know the level of the commission received/estimated to be received in relation to services provided to you please contact your Account Manager.
ix. All documents, products and materials produced by Inenco or on its behalf in connection with providing services to you are owned by Inenco.
x. Subject to xi and xii below, the total liability of Inenco in relation to the services provided to you; in tort (including negligence), contract or otherwise, will be the greater of 100% of the charges paid by you in relation to those services during the 12 month period immediately preceding the event giving rise to the first claim OR £10,000.
xi. Nothing in these Terms limits or excludes Inenco liability for any matter that cannot be limited or excluded by law including death or personal due to its negligence or fraudulent misrepresentation.
xii. Inenco will not be liable to you in tort (including negligence), contract or otherwise for consequential incidental or indirect damage, loss or expense or for wasted management time, business interruption, lost profits, loss of or damage to reputation business goodwill or revenue, lost data or lost savings even if we have been advised of their possible existence.
xiii. Neither party will be responsible for any delay or failure to perform its obligations resulting from circumstances or causes beyond its reasonable control.
xiv. If any part of these Terms is or becomes invalid or unenforceable it will be deemed deleted and this will not affect the validity and enforceability of the remaining Terms.
xv. Both parties agree that nothing in this agreement or by virtue of Inenco providing services to you is intended to, or will be deemed to, create a partnership or joint venture; establish any party as the agent of another party or give you or Inenco the authority to make or enter into any commitments on behalf of another party.