WeSave Ltd – Terms & Conditions

Introduction

We provide Customers with Our Services for their Business Utilities. The Quotations We provide depend upon the Products available to Us and the Suppliers We work with, along with whether the Customer meets the relevant Supplier Criteria. Customers are required to make their own decision as to which Quotation they wish to pursue, if any. We have a selection of Partners that can assist Customers. We can transfer Customers (in line with Our Privacy Policy) to the relevant Partner, for them to provide a comparison for their specific product/service.

We are not responsible for the performance of Our Partners, Our Suppliers and/or their services. For the terms and conditions of Our Partners’ or Our Suppliers’ services, you should refer to Our Partners or Our Suppliers terms and conditions and ensure that you are happy with them before proceeding.

Key Information About Our Terms

The provisions contained in these terms and conditions (“Terms”) govern your use of any of Our Services and Our Website. It is important you read these Terms carefully, as they set out the full extent of Our obligations and liabilities. The Terms supersede any previous agreements between Us and yourself. These Terms are governed by the laws of England and any disputes will be decided by the English Courts only.

Any failure by Us to enforce any of Our rights under these Terms or provided by law is not to be taken as or deemed to be a waiver of enforceability, and We reserve these rights.

We may transfer Our rights under these terms to another business without your consent, but we will notify You of the transfer and make sure that Your rights are not adversely affected as a result. These Terms are binding on a Customer’s successor.

If any provision of these Terms is deemed invalid by any court having competent jurisdiction, this will not impact the validity of remaining provisions, which remain in full force and effect.

We may amend these Terms from time to time. We will provide notice of the amendments, by updating the Terms available on our Website and/or contacting Customers. By using Our Website and Our Services, you accept Our Terms (including acceptance that any future amendments made are incorporated into the Terms) and our Privacy Policy. For further information on how We process personal data, including carrying out Our marketing, please refer to our Privacy Policy.

If there are any queries or concerns about Our Terms, please get in touch with Us at hello@wesave.co.uk and We will be happy to assist you. If We get things wrong, We encourage you to let us know without delay. This enables Us to work with you to attempt put things right as soon as We can. You can view our complaint process by clicking here. As soon as you become aware of any reason to raise a complaint, you must contact Us without delay (and in any event, no later than 3 months from when you became aware of a reason to complain).

We are a member of the Energy Ombudsman’s independent dispute resolution scheme, and Our registration number is C35WESA01. For complaints relating to Our energy Services, if we are unable to resolve your complaint within 8 weeks of you raising your concerns, you may be able to use the Energy Ombudsman’s services.

1 Our Services

1.1 Our Services are provided to Customers as they have expressed an interest in Our Service, and We have agreed to provide Our Services. We may use Our discretion and reserve the right to refuse or terminate Our Services to a Customer.

1.2 Our Services depend upon:

  • The Products available to Us;
  • The Suppliers and Partners We work with; and,
  • Whether the Customer meets the relevant Supplier Criteria.

1.3 We do not act on a Customer’s behalf other than under the specific authority granted in line with a signed Letter of Authority by the Customer.

1.4 For Our Business Utilities, We work with a panel of selected Suppliers and do not compare the full relevant market.

2 Comparison Service

2.1 We will use reasonable endeavours to negotiate and secure competitive prices for Customers. Quotations are provided by Us in good faith, on the basis the Details given to Us by the Customer are correct, complete, and current. If the Details do not satisfy these requirements, it will impact upon the accuracy and validity of the Quotations and Contract.

2.2 We and Our Suppliers reserve the right to amend or withdraw any Quotations without notice at any time. The Quotation provided does not constitute an offer. The Customer agreeing to the Contract is the Customer agreeing to an offer. Dependent on the Supplier and the type of Customer, the offer agreed may be non-revocable. Whether the offer is or is not revocable will generally be contained within the terms and conditions of the Contract. The Contract will be held directly between the Customer and the Supplier.

2.3 The Comparison Service provided will be restricted to Products based on the Details provided and some potential other options which the Customer may be interested in.

3 Switching Service

3.1 If the Customer chooses to proceed after reviewing a Quotation, the Customer will need to complete a Contract (verbally, electronically or physically) which We will facilitate. Our Switching Service aims to make the change to your new Contract as smooth as possible, by using Our reasonable endeavours to get the Contract Live. We are not responsible for any delay by the Supplier or Current Supplier, and We must be allowed reasonable time to carry out Our processes which form part of Our Switching Service.

3.2 Following on from the completion of the Contract by the Customer, We will carry out the Checks required prior to the Contract being Processed to the Supplier. The Checks completed by Us are based on the Details provided. If the Contract is unable to be Processed as it does not meet the requirements for the Checks, We will look to contact the Customer.

3.3 Even though We carry out Checks prior to a Contract being Processed, Suppliers reserve the right to carry out additional checks (Supplier Checks). This can mean a Contract has been Processed by Us but is not accepted by the Supplier. Suppliers reserve the right to not accept a Customer’s Contract and may use their sole discretion to reject a Customer’s Contract. If this occurs, We will endeavour to contact the Customer as soon as possible.

3.4 Suppliers might be in a position where a Contract can be accepted, however, they might require an amendment to the Contract or further information from the Customer. If this occurs, We will endeavour to contact the Customer as soon as possible.

4 How We Get Paid

4.1 We are proud of the value Our Service provides to Customers. The Commission earned by Us balances the cost to provide Our Services, in line with providing good customer outcomes and retaining our standing within the market to continue to provide Customers with competitive deals for their Business Utilities. Customers are not required to make any direct payment to Us for Our Services. By agreeing to use Our Services, Customers are agreeing for Us to receive this remuneration for Our Services as set out below. If a Customer would like to find out the Commission that We expect to receive from their Contract please contact Us.

4.2 Energy

We receive a Commission for Our Service directly from the Supplier when an energy Contract procured via Us goes Live. The Commission is included within the Customer’s unit cost of energy usage as pence per kWh, by way of a small uplift to the Customer’s unit rate. An estimate of the total Commission we will receive is always shown on the Contract provided by the Supplier to the Customer. The calculation for Our total Commission estimate is uplift multiplied by the Estimated Annual Energy Consumption and multiplied by the Contract term.

Due to the way We are remunerated, We only offer business energy prices from the Suppliers who are live on our panel, rather than the whole market. 

4.4 Water

We receive a Commission directly from Our Partners for the introduction of Customers to their water retail services. This is included within the cost of the Customer’s water retail service fee by way of a small uplift applied to usage over the life of the Contract, which is included within the cost of the Contract the Customer agrees via Us.

4.5 Merchant Services

We receive a Commission directly from Our Partners for the introduction of Customers to their merchant services. This is included within the cost of the Customer’s merchant services Contract. The Commission is paid per Contract and the amount may vary dependent on the package taken.

5 Your Obligations

5.1 In addition to any obligations and responsibilities noted above, you must:

  • Ensure all Details for the Contract are accurate, complete, and current;
  • Ensure you understand the terms and conditions of the Contract before proceeding, as the terms and conditions of each Product vary by Supplier, even if the Product relates to the provision of the same type of Business Utilities;
  • Take responsibility to ensure decisions you make are suitable and in the best interest of you and/or your business – by ensuring the Contract, Product and Supplier chosen meets the needs of your business;
  • Return all of Our attempted contact without delay and notify Us (without delay) if there are any issues relating to the Contract or Our Services, or if any information We hold about you is incorrect;
  • Without delay, sign and return the Letter of Authority;
  • Notify Us without delay if you have not received correspondence relating to your Contract from Us or your Supplier/s within a reasonable timeframe;
  • Ensure Termination has been provided to your Current Supplier, in line with your current contract requirements;
  • Provide all reasonable cooperation to Us in the provision of Our Services and the Supplier in relation to the Contract;
  • Must also comply with the terms of the Contract;
  • You must use Our Service in good faith, by ensuring you have relevant authority to make decisions on behalf of the business you are purporting to represent. You must agree to Contracts in good faith, and should not by act or omission mislead Us;
  • Use best endeavours to mitigate actual or potential losses; We will not be liable for resulting losses or consequences; and,
  • Treat Our staff with respect.

5.2 If you have not fulfilled your obligations in line with Our Terms, We reserve the right to make a claim against you for any losses suffered by Us.

6 Website

6.1 The use of Our Website is subject to the following terms and conditions of use:

  • The content of the pages of Our Website is for general information and use only. It is subject to change without notice. Our Websites uses cookies for essential, analytical, and marketing purposes. Further information on Our cookies, please refer to our Cookie Policy;
  • Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Our Website for any particular purpose. The User acknowledges that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law;
  • The User acknowledges that the use of any information or materials on Our Website is entirely at the User’s own risk, for which We shall not be liable. It shall be the User’s own responsibility to ensure that any products, services, or information available through Our Website meet their specific requirements;
  • Our website contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with these Terms;
  • From time to time, Our Website may also include links to other websites. These links are provided for the User’s convenience to provide further information. We do not endorse these website(s) and we have no responsibility for the content of the linked website(s); and,
  • Unauthorised use of Our Website may give rise to a claim for damages and/or be a criminal offence. Users of Our Website acknowledge any dispute arising out of such use of Our Website is subject to the laws of England only.

7 Intellectual Property

7.1 You accept that all Intellectual Property Rights relating to Our Services, Our Website (including any content, and the look/feel of Our Website), any information and/or materials provided to you, shall remain owned by Us. Any use or attempted use of any the above is an infringement of Our Intellectual Property Rights, which may result in you being liable under civil and criminal law.

8 Limited Liability

8.1 We will exercise reasonable care and skill in the provision of Our Services and Our Website. However, the provision of Our Services is often dependent upon third parties (for example, but not limited to, Suppliers, Current Suppliers, and industry database providers). We are not able to guarantee or accept any responsibility for any failure or delay caused by such third parties or for any inaccurate, incomplete, or unreliable information provided to the Customer by such parties via Us. As such, We do not warrant, and We exclude all liability in respect of, the accuracy, completeness, fitness for purposes or legality of any information accessed because of your use of Our Services, Our Website or otherwise communicated by Us to you.

8.2 Our Services are provided without representation or warranty of any kind, and to the fullest extent permissible, pursuant to applicable law We disclaim all other conditions, representations, statements, and warranties, either express or implied (whether by common law, custom, statute or otherwise).

8.3 Subject to the foregoing, if by any mistake, act or omission of Us in the performance of Our Services or Our Website, you suffer a direct financial loss as a direct result, We will work with you to remedy this, on the basis you must submit any claim within 3 months of identifying the issue and must follow Our complaints process (which is on Our Website). Furthermore, Our total liability for all losses of whatever nature suffered by you because of such a complaint is strictly limited to the lesser of either the cost incurred by Our mistake, act or omission; or the Commission earned by Us from the Supplier in relation to the Contract your concern relates to. If you delay in contacting Us, We will not be liable for any resulting and following loss.

8.4 You acknowledge and agree that We shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with your claim; (b) any loss of profit or savings; (c) loss or corruption of data or information; (d) loss of contracts, business or opportunity; (e) damage to goodwill or reputation(s); in each case whether direct or indirect and in each case whether based in contract, tort (including without limitation negligence), strict liability, or otherwise, arising out of or in connection with these Terms, Our Services, Our Website and/or any use thereof, in each case even if We have been forewarned or is aware of the possibility of such loss or damage.

8.5 We do not exclude or limit its liability (if any) in any way: a) for death or personal injury caused by Our negligence; b) for fraud or fraudulent misrepresentation; or c) for any matter from which it is unlawful to exclude, or attempt to exclude, Our liability.

8.6 We are unable to provide all information relating to the Products available from Our Suppliers. Suppliers determine the key information We provide to Customers. However, this may not necessarily cover all information which is important to that individual Customer. If in doubt as to the suitability of a product, the Customer should look to obtain the necessary information prior to agreeing the Contract.

8.7 We are not liable if the Customer is able to obtain cheaper Products anywhere else on the market. We are unable to guarantee exclusivity of Products, unless otherwise stated. Customers are free to obtain comparisons elsewhere on the market to assess the competitiveness of the Products available via Us.

9 Force Majeure

9.1 We shall have no liability to you if We are prevented from or delayed in performing any of Our obligations in relation to the provision of any of Our Services and/or Our Website, or from carrying on Our business, in an event or sequence of events beyond Our reasonable control. This includes acts, events, omissions, or accidents beyond Our reasonable control. Including (without limitation) strikes, lockouts, or other industrial disputes (whether involving the workforce of Us or any other party), failure of a utility service or transport network, act of God, fire, flood, storm, any other natural disaster, war, riot, civil unrest, malicious damage, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, or default of suppliers or subcontractors. We shall be entitled to a reasonable extension of the time for performing such obligations in the event of any such occurrence.

Should you have any questions regarding our Terms and Conditions and/or our services, please email us at hello@wesave.co.uk or call 01872 495 111.

Definitions

The below definitions apply to these Terms:

“Accepted” means acceptance of a Customer by a Supplier to receive a Business Utility from the Supplier pursuant to a Contract;

“Amendment” means changes required to a Contract to allow the Contract to meet the relevant Checks;

“Business Utility” refers to business supply/service for energy and/or water and/or merchant services;

“Checks” means the information on the Contract verified (where possible and within reason) by Us prior to the Contract being Processed by Us, they are determined by Us or the relevant Supplier;

“Comparison Service” means the impartial delivery of key information (as determined by the Supplier) by Us to the Customer, relating to the Supplier Product;

“Commission” refers to how we get paid for our Services. The Commission can vary based on Product and the type of Business Utilities Contract the Customer has agreed.

“Contract” refers to the individual agreements for each meter, supply point identification number or merchant services account between the Customer and the Supplier, agreed via Us, for Business Utilities;

“Credit Criteria” means the financial criteria set by the Supplier, which a Customer must meet to be accepted by them for the Customer’s chosen Product;

“Current Supplier” refers to the Supplier who the Customer currently is being serviced by for their Business Utilities;

“Customer” means any non-domestic commercial customer over the age of 18 who has expressed an interest in or uses our Services and to whom We agree to provide Our Services. It refers to the business itself and those who act on its behalf in relation to negotiating and communicating about Business Utilities;

“Details” refers to any and all relevant information provided by Customers to allow us to carry out Our Services and contact Customers. Examples can include (but is not limited to) contact details, business details, usages, relevant supply reference, business type, credit history etc;

“Estimated Annual Energy Consumption” refers to the amount of energy the Customer is expected to use during their Contract. It is taken from industry sources where available or provided by the Customer. In limited scenarios, an average might be used in the absence of a confirmed usage.

“Intellectual Property Rights” means any and all intellectual property rights, including (but not limited to) all information, data, patents, design rights, software, trademarks, trade names, logos and domains, trade secrets, know-how, confidential information, right to sue for passing off, copyright material and all equivalent material and, in each case:

  1. whether registered or not;
  2. including any applications to protect or register such rights;
  3. including all renewals and extensions of such rights or applications;
  4. whether vested, contingent or future;
  5. to which We are or may be entitled, and
  6. in whichever part of the world existing;

“Letter of Authority” refers to verbal or written authority which provides Us with authority to carry out certain activities on behalf of the Customer in relation to our Services. For example, liaising with your Current Supplier or issuing Termination. The Letter of Authority will never provide Us with the authority to agree contracts on your behalf. The Letter of Authority will last for the length of the Contract or from 12 months from the date if stated within or signature if this date is specified in the authority;

“Live” means a Contract where the utility supply or service agreed has started;

“Partners” means our selected panel of third-party partners who provide comparison services for other products, which Customers have expressed an interest in;

“Privacy Policy” refers to the policy on Our Website, which explains how We use personal data;

“Processed” means the act of sending the Contract to the relevant Supplier, for them to conduct their final checks prior to the Contract being Accepted by the Supplier;

“Product” means offerings available from a Supplier via Us for Business Utilities, where it is reasonably evident the Customer might or is likely to meet the relevant Supplier Criteria;

“Quotations” refers to providing key information (including prices and determined by Suppliers) to a Customer about Products during Our Comparison Services. The Quotations provided are based upon the Details given to Us by the Customer. The availability and validity of Quotations varies by Supplier;

“Services” means Our Comparison Service, Switching Service and Referral Service;

“Switching Service” means providing a Comparison on prices and/or products we have been provided with by our Suppliers in relation to Business Utilities which is based on the information provided by the Customer/Consumer;

“Supplier” refers to service providers and or suppliers of Business Utilities that We work with to provide our Services;

“Supplier Criteria” refers to criteria, including Credit Criteria, which the Supplier has in place and checks a Customer meets before the Contract becomes accepted by the Supplier;

“Supplier Welcome Pack” means the written communication that can be sent by the Supplier confirming the details of the Contract, once the Supplier has accepted it;

“Termination” is the notice sent to the Current Supplier of the Customer’s intent to cancel their current contract at the end of the fixed term period and is required by some suppliers for certain Business Utilities. The rules around Termination vary by Business Utility and Current Supplier;

“User” refers to anyone who uses or browses Our Website. This can include Customers;

We”, “Us”, “Our” means WeSave Ltd, incorporated in England and Wales (our registered office address is Lower Ground Floor, 22 Lemon Street, Truro, TR1 2LS, Company number: 15364271;

Website” refers to www.wesave.co.uk;

you”, ”your”, “yourself” refers to all Customers and Users.

OFFICE ADDRESS

22 Lemon Street
Truro
Cornwall
TR1 2LS

GET IN TOUCH

01872 495 111

hello@wesave.co.uk

Contact Form

Energy Ombudsman

© WeSave 2024. All rights reserved.
WeSave Ltd is registered in England & Wales: 15364271