This privacy policy applies between you, the User of this Website, and Switch4Savings.com (herein S4S), the owner and provider of this Website. S4S takes the privacy of your information very seriously.

This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at: www.Switch4Savings.com/termsandconditions

Please read this privacy policy carefully.

Please send all data and privacy communication to privacy@Switch4Savings.com

To opt out/unsubscribe from marketing please use privacy@Switch4Savings.com 

Definitions and interpretation

In this privacy policy, the following definitions are used:

Data	Collectively all information that you submit to S4S via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies	A small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws	Any applicable law relating to the processing of personal Data, including but not limited to the UK GDPR, and any national implementing and supplementary laws, regulations and secondary legislation
GDPR	The UK General Data Protection Regulation (2018), Data Protection Act (2018)
S4S we or us	S4S, a company incorporated in England and Wales with registered number 16792108 whose registered office is at Unit 1, Ground Floor, Millbank House, Bollin Walk, Wilmslow, England, SK9 1BJ
UK and EU Cookie Law	The Privacy and Electronic Communications Regulations (PECR) 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 & the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2018;
User or you	Any third party that accesses the Website and is not either (i) employed by S4S and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to S4S and accessing the Website in connection with the provision of such services;
Website	The website that you are currently using, www.Switch4Savings.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

In this privacy policy, unless the context requires a different interpretation:

1. the singular includes the plural and vice versa;
2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
4. “including” is understood to mean “including without limitation”;
5. reference to any statutory provision includes any modification or amendment of it;
6. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

This privacy policy applies only to the actions of S4S and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

For purposes of the applicable Data Protection Laws, S4S is the “data controller”. This means that S4S determines the purposes for which, and the manner in which, your Data is processed.

Data collected

We may collect the following Data, which includes personal Data, from you:

1. Name;
2. Job title;
3. Contact Information such as email addresses and telephone numbers;
4. Company Address
5. Site Addresses
6. Companies House number (for credit checks)
7. All MPAN Top Line and Bottom Line (to get Smart Meter readings)
8. Invoice Picture (to capture MPAN numbers, consumption)
9. Letter of Authority (so we can represent you)
10. IP address (automatically collected);
11. Web browser type and version (automatically collected);

     in each case, in accordance with this privacy policy.

How we collect Data

We collect Data in the following ways:

1. data is given to us by you; and
2. data is collected automatically.

Data that is given to us by you

S4S will collect your Data in a number of ways, for example:

1. when you contact us through the Website, by telephone, post, e-mail or through any other means;
2. when you register with us and set up an account to receive our products/services;
3. when you complete surveys that we use for research purposes (although you are not obliged to respond to them);
4. when you enter a competition or promotion through a social media channel;
5. when you logon to our Portal, use our Website or otherwise;
6. when you use our services;

     in each case, in accordance with this privacy policy.

Data that is collected automatically

To the extent that you access the Portal or Website, we will collect your Data automatically, for example:

1. we automatically collect some information about your visit to the Portal or Website. This information helps us to make improvements to Portal or Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Portal or Website and the way you use and interact with its content.
2. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.

Our use of Data

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

1. internal record keeping;
2. improvement of our products / services;
3. transmission by email to you of marketing materials that may be of interest to you;
4. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Portal or Website;

     in each case, in accordance with this privacy policy.

We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).

For the delivery of direct marketing to you via e-mail via the PECR approved soft opt-in:

1. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out by sending an email to privacy@Switch4Savings.com 
2. if you are not satisfied with our PECR approved approach to marketing, you have the right to withdraw consent at any time by sending an email to privacy@Switch4Savings.com 

When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

We may use your Data to show you S4S adverts and other content on other websites. If you do not want us to use your data to show you S4S adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed “Cookies” below).

Who we share Data with

We may share your Data with the following groups of people for the following reasons:

1. any of our group companies or affiliates – to ensure the proper administration of your website and business;
2. our employees, agents and/or professional advisors – to obtain advice from professional advisers;
3. relevant authorities – to facilitate the detection of crime or the collection of taxes or duties;
4. transmission by email to you with links to your Quotes, Contract and Invoicing

in each case, in accordance with this privacy policy.

Keeping Data secure

We will use technical and organisational measures to safeguard your Data, for example:

1. access to your account is controlled by a password and a user name that is unique to you.
2. we store your Data on secure servers.

Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: privacy@Switch4Savings.com

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention

1. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
2. Your account will be accessible for a period of 6 + 1 years from the date of contract termination so you have real time access to your Invoices for HMRC purposes.
3. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

You have the following rights in relation to your Data:

1. Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
2. Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
3. Right to erase – the right to request that we delete or remove your Data from our systems.
4. Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
5. Right to data portability – the right to request that we move, copy or transfer your Data.
6. Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.

To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: privacy@Switch4Savings.com

If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.

It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it., do this using the e-mail address; privacy@Switch4Savings.com

Links to other websites

This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

S4S may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of S4S. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

We may also disclose Data to a prospective purchaser of our business or any part of it.

In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies

What are cookies?

Cookies are small text files placed on your device when you visit our website. They are widely used to make websites work, or work more efficiently, and to provide information to the site owner. Similar technologies (such as pixels, SDKs and local storage) are treated as cookies in this policy.

Our use of cookies (legal basis)

We use:

• Strictly necessary cookies – needed to operate the site (e.g., page navigation, secure login, fraud prevention). Legal basis: our legitimate interests in running a secure, functioning website. Consent is not required for these.
• Non-essential cookies such as analytics, functional, and advertising/targeting cookies – used only with your consent under the Privacy and Electronic Communications Regulations 2003 (PECR). You can withdraw consent at any time (see “Manage your cookie preferences”).

We do not set non-essential cookies until you have given us permission via our cookie banner or settings panel.

Types of cookies we use

• Strictly necessary – enable core features like security, network management, and accessibility.
• Functional – remember choices (e.g., language or region) to personalise your experience.
• Analytics/Performance – help us understand how visitors use our site so we can improve it. Data is aggregated and does not identify you directly.
• Advertising/Targeting – used to deliver adverts more relevant to you and to measure campaign performance (may be set by us or our partners).

Third-party cookies

Some cookies are set by third parties (e.g., analytics providers or advertising networks). Where third parties place cookies, they will process your personal data as described in their own privacy/cookie policies. We take steps to ensure any third-party cookies are only loaded after you consent to them.

Manage your cookie preferences (consent & withdrawal)

You can manage or change your cookie settings at any time by clicking “Cookie Settings” in the website footer or banner and updating your preferences. Your changes will take effect immediately.

You can also block cookies via your browser settings; however, doing so may affect the functioning of the site. Guidance on managing cookies is available at aboutcookies.org and allaboutcookies.org.

Do Not Track: Our site does not currently respond to “Do Not Track” signals because there is no industry standard for DNT compliance. You can still control cookies using the methods above.

Cookie retention

Cookies are either:

• Session cookies – deleted when you close your browser; or
• Persistent cookies – remain on your device for the period stated below unless you delete them sooner or withdraw consent.

We keep records of your consent for compliance purposes and will re-prompt for consent periodically or when we materially change our cookies.

Cookies we use

Fill or amend this table to reflect your actual cookies before publishing.

Name	Provider	Purpose	Type	Duration
__cf_bm (example)	Cloudflare	Bot management / security	Strictly necessary	30 minutes
ASP.NET_SessionId (example)	S4S	Maintains session state across pages	Strictly necessary	Session
_ga (example)	Google Analytics	Distinguish users for analytics	Analytics	13 months (EU/UK)
_gid (example)	Google Analytics	Session analytics	Analytics	24 hours
gat* (example)	Google Analytics	Throttle request rate	Analytics	1 minute
cookie_consent (example)	S4S	Stores your cookie preferences	Functional	6–12 months
_fbp (example)	Meta	Ad delivery & retargeting	Advertising/Targeting	90 days
IDE (example)	Google Ads/DoubleClick	Ad personalisation/measurement	Advertising/Targeting	13 months (EU/UK)*

* Where a third party has shorter default durations in the UK/EU, their policy prevails.

Changes to this Cookies section

We may update this section to reflect changes to the cookies we use or legal requirements. We will ask for your consent again where required (for example, if we add new non-essential cookies).

Contact

Questions about cookies or this policy? Contact privacy@Switch4Savings.com.

This Website may place and access certain Cookies on your computer. S4S uses Cookies to improve your experience of using the Website and to improve our range of products and services. S4S has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling S4S to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

This Website may place the following Cookies:

Type of Cookie	Purpose
Strictly necessary cookies	These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/ Performance cookies	They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies	These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). By using the Website, you agree to our placement of functionality cookie.
Targeting cookies	These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please see the help menu in your internet browser. You can switch off Cookies at any time, however, you may lose any information that enables you to access the Website more quickly and efficiently.

You can choose to delete Cookies at any time; however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

General

You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

S4S reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact S4S by email at privacy@Swith4EnergySavings.com

Data Protection Officer (DPO)

Name: Mark Adamson

Contact details: privacy@Swith4EnergySavings.com

This privacy policy was created on 03/11/2025.

Terms and Conditions

Switch4Savings.com (herein S4S) terms and conditions

In these terms and conditions Switch4Savings.com LIMITED, Companies House Number 16792108 whose registered office is Unit 1, Ground Floor, Millbank House, Bollin Walk, Wilmslow, England, SK9 1BJ is referred to as S4S.

The customer of S4S is referred to as the Customer

DEFINITIONS

“Agreement”: the contractual relationship between S4S and the Customer as set out in these terms and conditions and Letter of Authority.

“Breach Fee”: payment due from the Customer to S4S in the event of a Customer Breach.

“Commencement Date”: has the meaning given in clause 1.

“Commission Payment”: the payment S4S is entitled to receive from the Supplier as result of the Customer entering into the Contract.

“Confidential Information”: means such information as one party may provide to the other as part of or in relation to this Agreement.

“Customer Breach”: any act or omission of the Customer that represents a breach of the terms of this Agreement by the Customer.

“Contract”: the contract entered into by you (or by us on your behalf) with the Supplier for the supply of energy and as part of the Services and any extensions to this Agreement.

“Customer Obligations”: as set out in clause 3.

“Data Protection Legislation”: all relevant data protection and privacy legislation in force from time to time in England and Wales a non-exhaustive list of which includes the UK General Data Protection Regulation (GDPR 2018); the Data Protection Act 2018; and the Privacy and Electronic Communications Regulations (PECR) 2003.

“Fees”: the payment S4S is entitled to receive from the Customer as a result of the provision of Other Services.

“Goods Supplier”: supplier of goods relating to Other Services.

“Letter of Authority”: such letters of authority being as the Customer may sign from time to time. 

“Management Fee”: such monthly Fee as  may be agreed between the parties and as confirmed in S4S’s quotation in return for the provision by S4S of Services and or Other Services.

“Services”: the services that we will provide to you including presenting you with details of a proposed supply contract(s) from one (or a number) of Suppliers from our portfolio of suppliers for you to choose to accept and as set out in the Letter(s) of Authority.  

“Other Services”: the services that we will provide to you, besides energy procurement, which include but is not limited to energy reduction and monitoring applications and devices, energy efficiency products and compliance proposals.

“Supplier”: the supplier that you chose to enter into a Contract with.

“Working Day”: Monday to Friday other than a public holiday in England.

1. SUPPLY OF SERVICES AND OTHER SERVICES

The Customer agrees that:

• the Letter(s) of Authority constitutes a request by the Customer to tender Services in accordance with these conditions. This Agreement shall come into existence on the Commencement Date when the Letter(s) of Authority signed by the Customer is received by S4S; 

• in return for it requesting S4S to provide the Services and/or Other Services S4S shall do so and shall supply the Services and/or Other Services to the Customer as per this Agreement; and
• Where amendment (including cancellation) to Services and or Other Services is required by any law, regulatory or other requirement S4S will endeavour to so notify the Customer immediately; and
• S4S is not a price comparison service. Although S4S works with many suppliers of energy and goods, it does not have access to every such supplier.
• S4S does not guarantee that it will arrange what a third party may claim is the cheapest supply available.  S4S considers a number of factors when assessing which suppliers and which supply contracts, or material goods, are best suited to the Customer.  
• S4S will seek the option(s) that in its opinion is/are best suited to the Customer with price of the supply and/or goods being just one of the factors to consider.

2. CUSTOMER’S OBLIGATIONS

The Customer agrees:

(i) to co-operate with S4S in all matters relating to the Services and Other Services and not in any way through acts or omissions hinder, prevent or delay the provision of the Services and Other Services;
(ii) to comply at all times promptly and completely with both this Agreement and any terms and conditions of the relevant Supplier and/or Goods Supplier relating to the Contract;
(iii) to provide such information, data or documents as S4S may request from time to time, along with any relevant permissions, consents, licenses or otherwise;
(iv) to ensure that all information and documents provided to S4S is complete, up to date and accurate at all times;
(v) to provide such assistance as S4S may reasonably require from time to time in relation to the Services and Other Services;
(vi) to immediately inform S4S in the event there is any change in the Customer’s circumstances which may affect the provision of the Services and Other Services;
(vii) to comply with the provisions of the Bribery Act 2010 and any other applicable legislation; and
(viii) not at any time to have entered into or enter into any other contract (for any reason including due to a change in tenancy or change in occupancy) for the supply of energy (“Other Contract”) for the intended period of the Contract whereby that Other Contract provides energy and/or the Other Services, whether in whole or in part, to be provided under the Contract.

3. CUSTOMER’S BREACH OF THE AGREEMENT: SUSPENSION AND TERMINATION

The Customer’s attention is drawn to this clause: the consequences of the Customer breaching this agreement

Without affecting any other right or remedy available to it S4S may as it sees fit terminate or suspend the Agreement with immediate effect by giving written notice to the Customer if:

(i) the Customer commits a material breach of any term of the Agreement and (if such a breach is remediable) fails to remedy that breach to S4S’s satisfaction within fourteen (14) days of the Customer being notified in writing to do so;
(ii) the Customer fails to make pay any amount under the Contract on the due date for payment;
(iii) the Customer fails to make pay any amount for any Fees on the due date for payment;
(iv) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), is subject to a winding up process (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), has a receiver appointed to any of its assets or ceasing to carry on business; or
(v) the Customer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.  

In the event of such termination or suspension S4S is relieved of all its obligations under the Agreement. 

Further in the event of:

• termination (that may conclude suspension); or
• any breach of a Customer Obligation for whatever reason the Customer will on receipt of demand pay to S4S the Breach Fee.  The Breach Fee shall be a payment of whichever is higher either:  

(i) representing the Commission Payment (or such balance of the Commission Payment yet to be paid to S4S) which S4S would have received from the Supplier but is not received due to the Customer Breach;
(ii) representing the Management Fee (or such balance of the Management Fee yet to be paid to S4S) which S4S would have received from the Customer under the current Agreement, but is not received due to the Customer Breach; or
(iii) a fixed amount of £750 + VAT is due to be paid on a Breach Fee.

• The Customer agrees that the Breach Fee is due to be paid within seven (7) days of receiving demand for the same and that it enjoys no right of set off, defence, counter claim or other reason to withhold or delay payment. 
• The Customer agrees that the Breach Fee, whether fixed or Commission, or Management based, represents the reimbursement of loss suffered by S4S resulting from the Customer Breach.  It does not represent an unfair gain or windfall on the part of S4S that is in the nature of or is capable of falling within the definition of a penalty. 
• The Commission Payment for the purposes of this clause is calculated on the basis of the consumption as set out in the Contract or related documents.  
• The Breach Fee is due to be paid as per this clause irrespective of any date or dates the Supplier may have been due to make the Commission Payment to S4S.

4. CANCELLATION AND AMENDMENTS

The Customer’s attention is drawn to this clause: the requirements for both the Customer and S4S to amend or cancel aspects of the Services and/or Other Services.

S4S can at any time, and at its absolute discretion withdraw, cancel or amend a quotation prior to acceptance of the same by the Customer if it has not been accepted by the Customer.

Where a Customer wishes to amend Services and/or Other Services it shall make such request in writing, or electronic mail, as soon as possible. S4S will use its reasonable endeavours to make any requested changes. Any additional costs as a result of such amendments will be included in the Fees and invoiced to and payable by the Customer.

5. CHANGE OF TENANCY (COT)

The Customer’s attention is drawn to this clause: the requirement to notify S4S of a change of tenancy in the event of a change of tenancy (as defined) and the consequences of failing to do so.

Where a Customer enters into a contract through S4S but vacates the relevant premises either before the supply of energy commences or during the period of supply under that Contract the Contract will terminate. This is called a “change of tenancy” or “COT”.

A COT involves either:

(i) a party not connected to or associated with the Customer taking over the premises (a party is connected to the Customer if it falls within the definition set out in sections 1122 and 1123 Corporation Tax Act 2010) or 

(ii) the premises becoming vacant for a minimum period of three months following the Customer’s departure.

S4S’s fees are adjusted by supplier if a COT occurs. Its therefore important that S4S receives from the Customer at least fourteen (14) Working Days before the date of vacating the premises written confirmation of the change together with evidence of the COT satisfactory to S4S, this may include (a non-exhaustive list by way of example only) a land sale contract/TR1,assignment of a lease or surrender certified by the Customer’s solicitor.

The written notice from the Customer must include a letter from the Customer’s solicitor confirming the vacation of the premises is a COT as set out above and provide sufficient detail to enable S4S to satisfy itself as to the nature of the COT. Failure to so notify S4S in the event of a COT will incur a fee for the loss/reduction in commission the supplier pays S4S. In those circumstances S4S reserves the right to charge the Customer a one off fee of £750 per meter or the total value of Commission Payment S4S would have received in relation to the Contract per meter, whichever is the higher figure.  In calculating the said fee S4S will apply a discount percentage to reflect Commission Payment that has actually been received (subject to a minimum failed Contract fee of £750 per meter).

6. CONSEQUENCES OF TERMINATION

Termination or expiry of the Contract shall not affect:

• any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry; and
• the liability of the Customer to S4S in the event of a Customer Breach.

7. COMMISSION PAYMENTS TO S4S

The Customer’s attention is drawn to this clause: the commission payments that will be made to S4S.

The Customer agrees and acknowledges the Commission Payment will be due to S4S.  The timing and amount of the Commission Payment varies from Supplier to Supplier. The Commission Payment is included within the price charged per unit of energy in the Contract.  

By way of example if the Commission Payment for the supply of energy was 0.5 per unit then the amount payable per unit under the Contract by the Customer would be: 

(i) base price of the unit plus 

(ii) 0.5p per unit.

Therefore a supply of 40,000 units per year over a two year period would result in total commission payment of £400 for that two year supply.

Should at any time the Customer wish to be provided with more information as to the Commission Payment then it should contact S4S enquiries@Switch4Savings.com 

Should the Customer at any time and for whatever reason directly or indirectly instruct or cause the Supplier to cease the Commission Payments to S4S the Customer shall be liable to pay S4S that lost total Commission Payment which S4S would have received from the Supplier for the remaining duration of the Contract on demand.

7.1 FEES

The Customer’s attention is drawn to this clause: the fees payable to S4S for Other Services.

The Customer agrees that the Fees for Other Services are set out in the quotation and are on a time and materials basis.

In addition to the Fees, S4S can recover the following costs from the Customer:

(i) reasonable incidental expenses, including but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses;
(ii) the cost of services provided by third parties and required by us for the performance of Other Services; and
(iii) the cost of any materials required for the provision of Other Services.

The Fees are exclusive of any applicable VAT and other taxes or levies. 

7.2 PAYMENT

The Customer’s attention is drawn to this clause: the payment terms for S4S’s delivery of Other Services.

S4S will invoice for the payment of Fees either:

(i) When S4S have completed the Other Services; or
(ii) On the invoice dates set out in the quotation.

The Customer agrees:

(i) To pay any and all Fees due within seven (7) days of the invoice, or otherwise in accordance with any credit terms agreed between the parties;
(ii) Time for payment shall be of the essence of the Agreement;
(iii) Without limiting any other right or remedy S4S has for statutory interest, if payment is not made within the period set out above, S4S will charge the Customer interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full;
(iv) All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law. Neither party can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part;
(v) Receipts for payment will be issued only at the request of the Customer; and
(vi) All payments must be made in Great British Pounds unless otherwise agreed in writing between both parties.

8. INTELLECTUAL PROPERTY

The Customer agrees and acknowledges that S4S reserve all copyright and intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services and Other Services. S4S reserves the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

9. LIMITATION OF LIABILITY

Nothing in this Agreement limits or excludes either Party’s liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d) any other liability which cannot lawfully be limited or excluded.

9.1 The Client acknowledges that the S4S acts as a commercial intermediary and does not supply energy itself. The S4S does not warrant or guarantee:

(a) the pricing, performance, financial standing, or ongoing supply position of any third-party energy supplier;

(b) that any quoted tariffs or projected savings will be achieved; or

(c) the accuracy of future market prices, forecasts or regulatory changes.

The Client is responsible for its final decision to enter into any supply contract.

9.2 Subject to Clause 1, the S4S shall not be liable for any:

(a) loss of profit, revenue or anticipated savings;

(b) loss of business, opportunity or contracts;

(c) loss of reputation or goodwill;

(d) loss or corruption of data;

(e) indirect, special or consequential loss;

whether arising in contract, tort (including negligence) or otherwise.

9.3 Capped Liability

Subject to Clauses 1 and 3, the S4S’s total aggregate liability arising out of or in connection with this Agreement (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to:

the total commission or fees received by the S4S under this Agreement in the 12 months immediately preceding the event giving rise to the claim.

9.4 Dependency on Third Parties

The S4S shall not be liable for any delay, loss, interruption or failure in performance that results from the acts, omissions, insolvency, price changes, capacity decisions or contractual failures of any third-party energy supplier.

10. DATA PROTECTION

S4S Privacy Policy describes what data (personal or otherwise) will be captured and how it will be processed.

Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation.  

11. CONFIDENTIALITY

Neither party shall disclose to any third party any Confidential Information in respect of the other at any time acquired in connection with this Agreement and no reference is to be made to this Agreement by either party in any advertising publicity or promotional material without prior written consent of the other party.  

12. NOTICES

Any notice given to a party under or in connection with the Agreement shall be in writing and signed by, or on behalf of, the party giving notice. Any written notice shall be delivered by hand or by pre-paid first-class post or other next Working Day delivery service at its registered office (if a company) or its principal place of business (in any other case).

Any notice shall be deemed to have been received:

(i) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and

(ii) if sent by pre-paid first-class post or other next Working Day delivery service, at 9.00 am on the second Working Day after posting or at the time recorded by the delivery service; or
(iii) if sent by air mail, at 09:00 am on the tenth Working Day after posting.

13. CIRCUMSTANCES BEYOND A PARTY’S CONTROL

The Customer agrees that neither party (the Customer and S4S) is liable for any failure or delay in performing the obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.

Such causes include, but are not limited:

(i) industrial action;
(ii) civil unrest;
(iii) fire;
(iv) flood;
(v) storms;
(vi) earthquakes;
(vii) acts of terrorism;
(viii) acts of war;
(ix) governmental action; or
(x) any other event that is beyond the control of the party in question

14. DISPUTE RESOLUTION

The parties will each use their reasonable efforts to negotiate in good faith and settle any major or material dispute that may arise out of or relate to the Agreement. If any such dispute cannot be settled amicably through ordinary negotiations by the respective representatives the dispute shall be referred to the senior representatives nominated by the parties who will meet (physically or virtually) in good faith in order to try and resolve the dispute.

If the dispute or difference is not resolved as a result of such meetings either party may (at such meeting or within fourteen (14) days of its conclusion) propose to the other in writing that structured negotiations be entered into with the assistance of a neutral adviser or mediator (the Adviser) before resorting to litigation with costs shared equally.

If the parties fail to reach agreement in the structured negotiations within twenty-one (21) days of the Adviser being appointed, either party may then refer any dispute to litigation.

15. GENERAL MATTERS

If any term or provision of the Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions shall continue in full force and effect as if the Agreement had been agreed with the invalid, illegal or unenforceable provisions eliminated.

The Agreement constitutes the entire agreement between the parties and supersedes any previous agreement or understanding.  The Agreement may not be varied except in writing between the parties.

No failure or delay by either party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

The parties acknowledge and agree that the Agreement shall not establish or constitute any relationship of partnership, joint venture, franchise or agency between the parties and except as otherwise expressly provided or agreed neither party shall have the power to bind the other without the other’s prior written consent. 

The Customer agrees not to assign, mortgage, charge, transfer, subcontract, delegate, declare a trust over or deal otherwise with any of its rights and obligations under this Agreement.  

The Customer grants S4S a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials and information provided by the Customer to a Supplier in relation to a potential Contract.

S4S will use its reasonable endeavours to deliver the Services in a timely manner, but time shall not be of the essence for performance of the Services.

The Customer agrees that S4S does not incur any liability for delay in performing, or failure to perform, any of its obligations as per this Agreement in the event such delay or failure result from partially or entirely events, circumstances or causes beyond S4S’s reasonable control.

Unless it expressly states otherwise this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

This Agreement shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales

Data Protection Officer (DPO)

Name: Mark AdamsonContact details: privacy@Swith4EnergySavings.com