LEGAL
Terms & Conditions
Terms & Conditions
Terms & Conditions
The terms governing Trust Genie’s services and our relationship with customers.
The terms governing Trust Genie’s services and our relationship with customers.
About these terms
About these terms
These terms govern the relationship between Green Genie Energy Solutions Ltd (company number 15140046), registered at Offices 5 & 6 Esh Space, Bowburn North Industrial Estate, Durham, Co. Durham, England, DH6 5PF, trading as Trust Genie, and its customer.
These terms govern the relationship between Green Genie Energy Solutions Ltd (company number 15140046), registered at Offices 5 & 6 Esh Space, Bowburn North Industrial Estate, Durham, Co. Durham, England, DH6 5PF, trading as Trust Genie, and its customer.
Definitions
Definitions
Agreement means these terms together with the Letter of Authority. Breach Fee means a payment due following a Customer Breach. Commission Payment means the payment Trust Genie receives from a Supplier when a Customer enters a Contract. Contract means the energy supply contract entered with the Supplier. Services means presenting proposed supply contracts from Trust Genie’s supplier portfolio. Working Day means Monday to Friday excluding public holidays in England.
Agreement means these terms together with the Letter of Authority. Breach Fee means a payment due following a Customer Breach. Commission Payment means the payment Trust Genie receives from a Supplier when a Customer enters a Contract. Contract means the energy supply contract entered with the Supplier. Services means presenting proposed supply contracts from Trust Genie’s supplier portfolio. Working Day means Monday to Friday excluding public holidays in England.
1. Supply of services
1. Supply of services
The signed Letter of Authority is the Customer’s request for Trust Genie to supply the Services and the Agreement starts when Trust Genie receives it. Trust Genie will present suitable energy supply options from its supplier portfolio. Trust Genie is not a price-comparison service, does not cover every supplier and does not guarantee the cheapest available supply; price is one of several factors considered.
The signed Letter of Authority is the Customer’s request for Trust Genie to supply the Services and the Agreement starts when Trust Genie receives it. Trust Genie will present suitable energy supply options from its supplier portfolio. Trust Genie is not a price-comparison service, does not cover every supplier and does not guarantee the cheapest available supply; price is one of several factors considered.
2. Customer obligations
2. Customer obligations
The Customer must cooperate with Trust Genie, comply with this Agreement and the Supplier’s terms, make payments due under the Contract, provide complete and accurate information and documents, promptly report changes affecting the Services or Contract, comply with applicable anti-bribery laws, not interfere with Commission Payments and not enter another energy contract covering the intended Contract period.
The Customer must cooperate with Trust Genie, comply with this Agreement and the Supplier’s terms, make payments due under the Contract, provide complete and accurate information and documents, promptly report changes affecting the Services or Contract, comply with applicable anti-bribery laws, not interfere with Commission Payments and not enter another energy contract covering the intended Contract period.
3. Breach, suspension and termination
3. Breach, suspension and termination
Trust Genie may suspend or terminate immediately by written notice following a material breach not remedied to its satisfaction within 14 days, insolvency-related action, or cessation or threatened cessation of a substantial part of the Customer’s business. Following termination or breach of a Customer obligation, the Customer must pay the higher of the unpaid Commission Payment or £750 per meter. The fee reflects Trust Genie’s loss and is payable regardless of the Supplier’s original commission payment dates.
Trust Genie may suspend or terminate immediately by written notice following a material breach not remedied to its satisfaction within 14 days, insolvency-related action, or cessation or threatened cessation of a substantial part of the Customer’s business. Following termination or breach of a Customer obligation, the Customer must pay the higher of the unpaid Commission Payment or £750 per meter. The fee reflects Trust Genie’s loss and is payable regardless of the Supplier’s original commission payment dates.
4. Change of tenancy
4. Change of tenancy
If the Customer permanently vacates the premises before or during supply, the Contract may end as a change of tenancy. The Customer must give Trust Genie written notice and satisfactory supporting evidence at least 14 Working Days before vacating. Failure to do so may result in a fee equal to the higher of £750 per meter or the Commission Payment Trust Genie would otherwise have received, adjusted for commission already received.
If the Customer permanently vacates the premises before or during supply, the Contract may end as a change of tenancy. The Customer must give Trust Genie written notice and satisfactory supporting evidence at least 14 Working Days before vacating. Failure to do so may result in a fee equal to the higher of £750 per meter or the Commission Payment Trust Genie would otherwise have received, adjusted for commission already received.
5. Consumption tolerance
5. Consumption tolerance
If actual energy consumption confirmed by the Supplier is more than 20% below the anticipated consumption in the Contract, the Customer must on demand pay the balance of Commission Payment Trust Genie would have received had the decrease not exceeded 20%.
If actual energy consumption confirmed by the Supplier is more than 20% below the anticipated consumption in the Contract, the Customer must on demand pay the balance of Commission Payment Trust Genie would have received had the decrease not exceeded 20%.
6. Litigation costs
6. Litigation costs
If Trust Genie and the Customer become parties to court proceedings, the Customer must reimburse Trust Genie on an indemnity basis for legal costs and expenses incurred directly or indirectly in connection with those proceedings.
If Trust Genie and the Customer become parties to court proceedings, the Customer must reimburse Trust Genie on an indemnity basis for legal costs and expenses incurred directly or indirectly in connection with those proceedings.
7. Consequences of termination
7. Consequences of termination
Termination or expiry does not affect rights, remedies, obligations or liabilities accrued beforehand, including liability arising from a Customer Breach or any payment already due to Trust Genie.
Termination or expiry does not affect rights, remedies, obligations or liabilities accrued beforehand, including liability arising from a Customer Breach or any payment already due to Trust Genie.
8. Commission payments
8. Commission payments
The Customer acknowledges that Trust Genie receives Commission Payments from Suppliers. Timing and amount vary by Supplier and the commission is included in the unit price under the Contract. For example, commission of 0.5p per unit on 40,000 units per year over two years would total £400. Customers may contact Trust Genie for further information about commission.
The Customer acknowledges that Trust Genie receives Commission Payments from Suppliers. Timing and amount vary by Supplier and the commission is included in the unit price under the Contract. For example, commission of 0.5p per unit on 40,000 units per year over two years would total £400. Customers may contact Trust Genie for further information about commission.
9. Limitation of liability
9. Limitation of liability
The energy supply Contract is directly between the Customer and Supplier. Nothing excludes liability that cannot lawfully be excluded, including liability arising from dishonesty, death or personal injury. Otherwise, Trust Genie’s total liability will not exceed Commission Payments received and excludes loss of profit, sales, business, agreements, anticipated savings, goodwill, and indirect or consequential loss. Claims must be notified in writing with supporting detail within six months of the relevant event becoming known, or when it reasonably should have become known.
The energy supply Contract is directly between the Customer and Supplier. Nothing excludes liability that cannot lawfully be excluded, including liability arising from dishonesty, death or personal injury. Otherwise, Trust Genie’s total liability will not exceed Commission Payments received and excludes loss of profit, sales, business, agreements, anticipated savings, goodwill, and indirect or consequential loss. Claims must be notified in writing with supporting detail within six months of the relevant event becoming known, or when it reasonably should have become known.
10. Data protection
10. Data protection
Each party must comply with applicable data-protection legislation. Trust Genie may share relevant business contact details with the Supplier and its representatives where needed to provide the Services and administer the Agreement.
Each party must comply with applicable data-protection legislation. Trust Genie may share relevant business contact details with the Supplier and its representatives where needed to provide the Services and administer the Agreement.
11. Confidentiality
11. Confidentiality
Neither party may disclose the other’s confidential information to third parties or refer to the Agreement in advertising, publicity or promotional material without prior written consent, except where disclosure is legally required.
Neither party may disclose the other’s confidential information to third parties or refer to the Agreement in advertising, publicity or promotional material without prior written consent, except where disclosure is legally required.
12. Notices
12. Notices
Notices must be in writing and delivered by hand, prepaid first-class or next-Working-Day post to the proper business address, or by email to the address notified by the parties. Hand delivery is received on signature or delivery; post at 9:00am on the second Working Day after posting; email on the Working Day after sending.
Notices must be in writing and delivered by hand, prepaid first-class or next-Working-Day post to the proper business address, or by email to the address notified by the parties. Hand delivery is received on signature or delivery; post at 9:00am on the second Working Day after posting; email on the Working Day after sending.
13. Dispute resolution
13. Dispute resolution
The parties will use reasonable efforts to negotiate material disputes in good faith through nominated representatives. If no agreement is reached within 21 days, either party may refer the dispute to litigation.
The parties will use reasonable efforts to negotiate material disputes in good faith through nominated representatives. If no agreement is reached within 21 days, either party may refer the dispute to litigation.
14. General matters
14. General matters
Payments due to Trust Genie must be made within seven days of demand without set-off; VAT applies where chargeable. Invalid provisions are severed without affecting the remainder. The Agreement is the entire agreement and changes must be in writing. Delay in exercising rights is not a waiver. No partnership, joint venture, franchise or agency is created. The Customer may not assign or transfer its rights or obligations. Trust Genie is not liable for delay caused by events beyond reasonable control. The Agreement is governed by the laws of England and Wales and subject to the exclusive jurisdiction of its courts.
Payments due to Trust Genie must be made within seven days of demand without set-off; VAT applies where chargeable. Invalid provisions are severed without affecting the remainder. The Agreement is the entire agreement and changes must be in writing. Delay in exercising rights is not a waiver. No partnership, joint venture, franchise or agency is created. The Customer may not assign or transfer its rights or obligations. Trust Genie is not liable for delay caused by events beyond reasonable control. The Agreement is governed by the laws of England and Wales and subject to the exclusive jurisdiction of its courts.