1. THESE TERMS AND CONDITIONS
1.1. These are the terms and conditions on which we provide a Utility Service and arrange the supply of goods and services to you in relation to your utility package.
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will arrange and provide goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are UniHomes and Bills Limited, a company registered in England and Wales. Our company registration number is 09618272 and our registered office is at 6th Floor, 1 New Era Square, Sheffield, South Yorkshire, S2 4RB. Our registered VAT number is 218500925.
2.2. You can contact us by telephoning our consumer service team at 0330 822 0266 or by writing to us at [email protected] or at our registered office address (as set out above).
2.3. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. Our acceptance of your order will take place when we email you to accept it.
3.2. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods and services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods and/or services or because we are unable to meet a delivery deadline you have specified.
3.3. Our website is solely for the promotion of goods and services to addresses in the UK.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the goods and services you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the goods and services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. OUR RIGHTS TO MAKE CHANGES
5.1. We may change the goods and services:
5.1.1. to reflect changes in relevant laws and regulatory requirements; and
5.1.2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the goods and services.
5.2. In addition, we may make further changes to these terms or the goods and services, but if we do so we will notify you and you may then contact us to end the contract. There may be changes to the provision of goods and services as determined by the principal provider of the goods and services (the “Principal Provider”). Such changes may include price adjustments.
6. UTILITY SERVICES
6.1. If you choose to sign up for a Utility Service, you appoint us as your agent to conclude and enter into the contract with the Principal Provider on your behalf. That means that you authorise UniHomes to sign you up directly with the Principal Provider to receive the Utility Service and, if relevant, to switch the House over from an existing supplier of the same service. The contract for the Utility Service is between you and the Principal Provider and you are responsible for paying all costs which accrue to you as a result of your use of the Utility Service. We will begin providing our Utility Service and arrange the goods and services to be provided by the Principal Provider to you from the date set out in the order, for the time period set out in the order.
As your agent, you authorise us to:
· contract with Principal Providers in your name;
· receive bills and correspondence from the Principal Providers;
· access information about your House account with the Principal Provider;
· manage and make changes to your House account's payment plan with the Principal Provider;
· inform the Principal Provider where the relationship between you and UniHomes comes to an end and/or you leave the House to which the Utility Service is provided; and
· to take any other reasonable actions as may reasonably be required in order ensure the Utility Service is provided to the House.
UniHomes will be a named contact and/or agent on your House account with the Principal Provider so we can liaise with the Principal Provider on your behalf.
6.2. You and each of the other tenants residing at the property to which we are providing our Utility Service and arranging the goods and services are jointly and severally liable and responsible for each payment made to us which is due to us for the goods and services at that property. If a tenant ceases to live at the property during the term of the contract, we shall re-calculate and re-apportion the contribution payable by each of the tenants who continue to live at the property for the remaining term of the contract, to ensure that our charges are paid in full until such time as we agree to release and discharge such a tenant under these terms.
6.3. If our delivery of the goods or performance of the services is affected by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods and services you have paid for but not received.
6.4. If you have asked us to arrange the goods and services to you at your property and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 7.7 will apply.
6.5. We will need certain information from you so that we can provide our service and arrange the goods and services to you, for example, monthly meter readings, contact details and/or payment details. We will contact you in writing to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see Clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for not providing any part of the goods and services if this is caused by you not giving us the information we need within a reasonable time of us asking for it. If you do not provide monthly meter readings, you are agreeing to allow us (or a third party authorised by us) to access the property from time to time upon reasonable notice to obtain the meter readings required.
6.6. We may have to suspend the delivery of the goods and services to:
6.6.1. deal with technical problems or make minor technical changes;
6.6.2. update the goods and services to reflect changes in relevant laws and regulatory requirements; or
6.6.3. make changes to the goods and services as requested by you or notified by us to you (see Clause 5).
6.7. We will contact you in advance to tell you we will be suspending the goods or services, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend the goods or services, or tell you we are going to suspend them, in each case for a period of more than one month and we will refund any sums you have paid in advance for goods or services not provided to you.
6.8. If you do not pay us for the goods and services when you are supposed to (see Clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the goods and services with the Principal Provider until you have paid us the outstanding amounts. As well as suspending the goods and services we can also charge you interest on your overdue payments (see Clause 11.5).
6.9. You agree to pay the Fixed Charge as set out when placing your order and agree that the UniHomes Service Cost is calculated based on the difference between the Fixed Charge and the amount due to the Principal Providers.
7. YOUR RIGHTS TO END THE CONTRACT
7.1. You may contact us at any time to end the contract for the goods and services, but in some circumstances, we may charge you certain sums for doing so, as described below. You must return to us any equipment provided to you. Such equipment must: (i) be sent to us at our registered office address; and (ii) be in good working order (or we reserve the right to charge a fee for its replacement).
7.2. If you are ending the contract for a reason set out at Clauses 7.2.1 to 7.2.3 below the contract will end immediately and we will refund you in full for any goods and services which have not been provided by the Principal Provider. The relevant reasons are:
7.2.1. we have told you about a significant upcoming change to the goods and services or these terms which you do not agree to (see Clause 5.2);
7.2.2. we have told you about an error in the price or description of the goods and services you have ordered and you do not wish to proceed;
7.2.3. you have a legal right to end the contract because of something we have done wrong.
7.3. You have a legal right to change your mind within 14 days and receive a refund (if applicable). These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4. You do not have a right to change your mind in respect of goods or services, once the supply of goods and services have started, even if the cancellation period is still running.
7.5. You have 14 days after the day that you sign and date the order. However, once the supply of goods or services has started, you cannot change your mind, even if the period is still running.
7.6. It may be possible to end the contract before it is completed. The contract will not end until 60 days after the day on which you contact us. We will only charge you for the goods or services up to the date that is 60 days after you have contacted us to cancel the goods or services. We will charge you an early termination fee of £25 per tenant, in addition to any other amounts due or that we incur from the Principal Provider(s) as a result of your instructions to terminate the contract. This can include but is not limited to internet charges for the remainder of the term.
8. HOW TO END THE CONTRACT WITH US
If you are considering ending the contract with us, please let us know by calling us on 0330 822 0266 or emailing [email protected]
9. OUR RIGHTS TO END THE CONTRACT
9.1. We may end the contract at any time by writing to you if:
9.1.1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due. If you miss a Direct Debit payment, a charge of £12 will be applied to your account and will be payable in addition to the utilities package charges;
9.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our Utility Service and arrange the supply of goods and services, for example, meter readings; or
9.1.3. you do not, within a reasonable time, allow us access to your premises to supply the goods or services.
9.2. If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for goods or services that we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract together with a £25 cancellation fee per tenant.
9.3. We may write to you to let you know that we are going to stop providing our Utility Service and arranging supply of the goods and services with the Principal Provider. We will let you know at least 4 weeks in advance and will refund any sums you have paid in advance for goods and services which will not be provided. In any event, upon the cessation of us providing the service under these terms, you must return to us any equipment provided to you (e.g. a router). Such equipment must: (i) be sent to us at our registered office address; and (ii) be in good working order or we reserve the right to charge a fee for its replacement.
9.4. It is your responsibility to transfer the supply of utilities to another provider if we stop providing our Utility Service and the goods and services with the Principal Provider. If you fail to do this, we may continue to provide the goods and services (and charge an appropriate fee for them) in accordance with these terms. There may be an early cancellation fee payable outstanding which will be applied to the cancellation of the goods and services by the Principal Provider. We will pass on any such charges directly to you.
10. IF THERE IS A PROBLEM WITH THE GOODS OR SERVICES
If you have any questions or complaints about the goods or services, please contact us. You can contact us by calling our customer service team on 0330 822 0266 or by writing to us at [email protected] or Floor 6, 1 New Era Square, Sheffield, South Yorkshire, S2 4RB.
11. PRICE AND PAYMENT
11.1. The price of the goods and services (which includes VAT) will be the price set out on the order. We take all reasonable care to ensure that the price of the goods and services advised to you is correct.
11.2. If the rate of VAT changes between your order date and the date we supply the goods and services, we will adjust the rate of VAT that you pay, unless you have already paid for the goods and services in full before the change in the rate of VAT takes effect.
11.3. You must make an advance payment of the price of the goods and services on the first working day of each month by Direct Debit, before they are provided.
11.4. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
12.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
12.2. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the goods and services including the right to receive goods and services which are as described and supplied with reasonable skill and care.
12.3. Our total liability to you shall not exceed the amount payable by you to us for the term of this agreement. This includes our liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract.
12.4. We only provide our services for domestic and private use. If you use the goods and services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within one month of us telling you about it and we will refund you any payments you have made in advance for goods and services not provided.
14.2. You may only transfer your rights or your obligations under these terms to another person with our prior written consent. We may withhold our consent if it would be reasonable for us to do so.
14.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need the consent of any person acquiring rights under our guarantee to end the contract or make any changes to these terms.
14.4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide our services, we can still require you to make the payment at a later date.
14.6. These terms are governed by English law and you can bring legal proceedings in respect of the goods and services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods and services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.