The terms below are applicable to customers where Guild Energy Ltd (Guild Energy) has provided advice, prices, quotations or other documentation whether verbally or written to that customer or customers.
Guild Energy Ltd is a company registered in England and Wales with company registration number 3086905 and who’s registered office is situated at 4 Croft Court, Whitehills Business Park, Blackpool, Lancashire FY4 5PR.
In these Terms and Conditions, the following words shall have the following meanings:
‘Agreement’ shall mean the Terms of Business and the right and obligations contained within, the agreement between the parties for the provision of the Services by GUILD ENERGY LTD to the Client.
‘Client’ means the Client for whom GUILD ENERGY LTD is providing the Services.
‘Confidential Information’ means confidential information relating to the business of the Client, GUILD ENERGY LTD, their customers, suppliers, contractors, personnel and know how; or to their financial, marketing or other commercial activities; or to their intentions or plans relating to any of these matters; and to technical information relating to its computer systems, networks and databases, including computer or other machine readable data, logic diagrams, flow charts, algorithms, source code or other codes, listings, test data, test routines, diagnostic programs, or similar information;
‘Control’ the ability to direct the affairs of another, whether by virtue of the ownership of shares, contract or otherwise;
‘Fees’ means all fees and costs due to GUILD ENERGY LTD from the Client in respect of GUILD ENERGY LTD providing the Services to the Client under the terms of the Agreement;
‘Information’ means information provided in oral, documentary, magnetic, electronic, graphic or digitised form, or by way of models or other tangible forms, or by demonstration to or observation made by or on behalf of GUILD ENERGY LTD at the Client Premises or elsewhere;
‘Intellectual Property’ means inventions (whether patentable or not), discoveries, letters patent or the right to apply for letters patent or similar protection anywhere in the world; utility models, copyright, design right, topography rights, registered designs and know how;
‘GUILD ENERGY LTD’ means Guild Energy Limited;
‘Premises’ means the premises of the Client;
‘Services’ means the services to be provided by GUILD ENERGY LTD to the Client pursuant to the Agreement and as detailed in the Service Level Agreement, including but not limited to consultancy, training and the provision of know-how and other information relating thereto which GUILD ENERGY LTD provides or is to provide to the Client pursuant to the Agreement;
‘Working Day’ means each day on which GUILD ENERGY LTD is open for business.
‘Annual Consumption’ is the actual or estimated gas, electricity or water consumption at the Customer’s Supply Point(s) per year.
‘Contract End date’ is the expiry date of the Customers current Supply Contract at the time they engage Guild Energy by means of signing an LOA.
‘Contract Renewal date’ is the day after the Customer’s Contract End date.
‘Current Supplier’ is the Supplier to the Customer’s Supply Points at the time they engage Guild Energy by means of signing an LOA.
‘Customer’, ‘You’, Your’ means the Company and/or the individual (in cases of a sole trader or Partnership) who has signed the LOA.
‘HH Consumption data’ is the Half Hourly consumption data of electricity for the Customer’s Supply Point(s).
‘Infrastructure Provider’ means the provider of the infrastructure and or services for any New Connection.
‘Procurement Services’ are the actions and services provided by Guild Energy to you in order to present electricity, gas and water quotations (as appropriate) to you, including but not limited to requesting consumption data from relevant parties, requesting Supply Contract quotations from Suppliers, Supplier negotiation, provision and presentation of Supply Contract offers and securing the agreed Supply Contract with your elected Supplier.
‘More competitive’ means being of lower cost on a pro rata basis, with all relevant electricity and/or gas costs taken into account and using the same consumption calculations.
‘MPAN‘ means an electricity Meter Point Administration Number or ‘Supply Number’.
‘MPR’ means a gas Meter Point Reference Number.
‘New Connection’ means any new gas mains supply or new electricity mains supply to a property.
‘New Supply’ means any gas MPR or electricity MPAN that has been created as a result of a New Connection.
‘Renewal Contract’ means any Supply Contract which is for any Supply Point which is subsequent to any previous Supply Contract for the same Supply Point.
‘Supplier‘ is a supplier of Gas, Electricity and/or Water.
‘Supply Capacity’ is the Allocated Supply Capacity of electricity to a Customer’s Supply Point(s) measured in KVA as agreed with the Distribution Network Operator (DNO).
‘Supply Contract’ is an agreement between the Customer and a Gas, Electricity and/or water supplier for the supply of Gas, Electricity and/or Water as applicable.
‘Supply Point’ is defined as an electricity Meter Point Administration Number (MPAN), gas Meter Point Reference (MPR) or water Supply Point ID (SPID).
‘Supply Quotations’ are the quotes, offers or contract documents produced by Suppliers detailing their charges for gas, electricity or water as the case may be.
‘Terms’ means all the terms included within this document.
‘Third Party’ means any party which is not Guild Energy, the Customer or a Supplier.
In the event that any provision of the Agreement conflicts with the Terms and Conditions the Agreement shall prevail.
1.0 THE SERVICES
GUILD ENERGY LTD shall provide the Services, in accordance with the Agreement and these Terms and Conditions. The Agreement shall be subject to these Terms and Conditions and not any other terms and conditions which have not been expressly accepted in writing by both parties.
GUILD ENERGY LTD’s personnel shall at all times remain under the direction and control of GUILD ENERGY LTD. Notwithstanding GUILD ENERGY LTD’s overall control, GUILD ENERGY LTD recognises that the services may require GUILD ENERGY LTD to perform work in relation to a Client managed activity and that, in this event, the Client shall be responsible for and shall supervise and manage such activity.
GUILD ENERGY LTD undertakes to procure that each of GUILD ENERGY LTD’s personnel shall:
- perform his/her work with the appropriate level of skill, care and technical ability;
- perform his/her work within a reasonable timescale, and comply with all lawful directions given by authorised personnel of the Client and on request within a reasonable timescale give a full account of all matters with which he/she is entrusted;
- keep sufficient records of his/her work (which shall remain at all times the property of GUILD ENERGY LTD) to enable other individuals to carry on that work without interruption at the end of the period of supply of the Services or if he/she is unable at any time to work whether through ill health, injury or otherwise, and keep at least one employee of GUILD ENERGY LTD informed of any know-how used, learned or developed in the course of his/her work to enable that employee to carry on with such work alone and use his/her best endeavours to transfer or otherwise teach his/her skills to such employee.
- OBSERVANCES OF REGULATIONS
GUILD ENERGY LTD agrees to procure that its personnel, when they are engaged in activities on the Client’s Premises, shall comply with such regulations and restrictions in respect of access, restricted areas, dress, conduct, safety and working conditions as apply to the Client staff as notified separately to GUILD ENERGY LTD in writing by the Client.
Any information or advice provided by Guild Energy, its employees or any of its colleagues, affiliates, peers or associates should remain confidential between the disclosing party and the receiving party.
Any documentation created by Guild Energy, including any attachments to an email created by Guild Energy remain the intellectual property of Guild Energy and may not be copied, amended, used or distributed for business purposes by any other party without the written permission of Guild Energy. Customers should be aware that signed contracts, direct debit forms and other material in our possession may be retained. Please see our document retention policy here.
Opinions expressed in correspondence between Guild Energy and any other party whether verbally or in writing are those of the writer/speaker and may not represent the views of Guild Energy and the Company, its Directors or Employees make no representation or accept any liability for its accuracy or completeness unless expressly stated to the contrary.
Any correspondence sent within or outside the premises of Guild Energy is intended solely for the addressee(s). Guild Energy take no responsibility for the actions of any third-party including Customers, Suppliers or otherwise.
Any prices or quotations Guild Energy may send to customers may include commission payable to Guild Energy by the energy supplier if the Customer accepts and agrees to enter into a contract with an energy supplier. Customers are also aware that and understand that when signing a supply agreement provided by Guild Energy that:
- they’re agreeing a legally binding contract with the supplier;
- the supplier might not accept the contract, if it doesn’t meet their conditions (for example if they fail the credit check);
- they have to end their current contract and arrange payment of any outstanding balances and/or penalties they owe; and
- the supplier may contact them directly.
Guild Energy withhold the right to not provide the services to a customer if they believe they have a legitimate reason to withhold such services. Services include the analysis of energy supplies, tendering and obtaining energy prices, securing energy prices with the customer’s chosen supplier, resolving any supply issues including but not limited to transfer objections and invoicing issues.
Any prices or quotations sent to customers are provided in goodwill using information provided by the customer or supplier or any other reputable source. In all cases it is the customer’s responsibility to ensure they have read, understood and agree to the energy supplier’s terms and conditions prior to signing a supply agreement or providing Guild Energy the permission to sign a supply agreement on the customers behalf. If a supply agreement does not match the customer requirements it is the customers responsibility to highlight such issues to Guild Energy prior to them signing a supply agreement or providing Guild Energy the permission to sign a supply agreement on the customer’s behalf.
The Confidential Information is confidential to the parties and in consideration of the parties entering into the Agreement and disclosing the Confidential Information to each other they hereby undertake to each other to:
Keep the Confidential Information confidential;
- Use the Confidential Information solely for the purposes of carrying out and complying with the terms of the Agreement and for no other purpose whatsoever without the prior written consent of the other party;
- allow access to the Confidential Information only to those persons who need to see and use it for the purposes of supplying the Services and to notify each of such employees of the confidential nature of the Confidential Information before allowing them such access and to ensure that they comply with the provisions of this Clause;
- wherever possible, or whenever requested to do so by an officer of the disclosing party, obtain from any third party to whom the other party intends to disclose Confidential Information, a written obligation of confidence on no less onerous terms than are contained in the Agreement, and shall, if required, give all such
- assistance as may be required by the disclosing party to enforce any such obligations to protect its Confidential Information;
- strict unauthorised access to the Confidential Information and keep it secret by adopting appropriate security measures in accordance with the disclosing party’s reasonable guidelines as published from time to time;
- make copies of any documents containing any Confidential Information only to the extent necessary for the purposes of undertaking the supply of the Services and complying with the terms of the Agreement and;
- deliver up to the disclosing party at its request at any time all documents, copies of documents and other materials in the possession, custody or control of the other party which contain any Confidential Information or which are produced or received by the other party in connection with the supply of the Services.
- The obligations of confidentiality assumed by the parties under the Agreement shall not apply to any information which a party can show (and it shall be for that party to show):
- Was known to the party before such Confidential Information was imparted to the party by or acquired by the party from the disclosing party; is in or subsequently comes into the public domain other than by a breach by the party of its obligations under the Agreement;
- Is lawfully received by the party from a third party who is lawfully entitled to possess and impart such Information.
If customers have a complaint regarding our services please contact us in the first instance by calling 01772 365 365 or writing to us at Guild Energy, 4 Croft Court, Whitehills Business Park, Blackpool, Lancashire FY4 5PR. A copy of our complaint’s procedure is available upon request.
If customers have any queries regarding to the terms of service or Guild Energy ’s business practices they should contact the office by calling 01772 365 365 or writing to us at Guild Energy, 4 Croft Court, Whitehills Business Park, Blackpool, Lancashire FY4 5PR or by emailing suppliers@Guildenergy.co.uk
Guild Energy may record and monitor all calls to and from its offices for training, monitoring and compliance purposes.
- Suppliers we work with
Suppliers we work with include British Gas, British Gas Lite, Crown, D-ENERGi, Drax, EDF, Engie, E-ON, E-ON Next, N Power, National Gas, OPUS, SSE Energy Solutions, Scottish Power, SEFE Energy, Smartest Energy, TotalEnergies, United Gas and Power, Urban Chain, Utilita, Valda Energy, Yorkshire Gas And Power, Yu Energy. We may however work with other suppliers that are not on this list.
We will endeavour to always compare prices as fairly as possible and will not skew any supplier quotations by adding more or less commission into prices to favour one supplier over another.
When searching the market for customers we will use the above suppliers to select the most appropriate and competitive product for you. Suppliers may be excluded from the price search if they do not provide services which the customer requires such as Direct Debit only payment if the customer requires Bacs. Guild Energy do not have to present offers from all suppliers and may exclude them if Guild Energy do not feel the supplier or product to be suitable for that particular customer.
- Letter of Authority (‘LOA’)
- Comparison of offers
It is the ultimate responsibility of the Customer to ensure any supply offer accepted via Guild Energy is suitable for the Customer and meets their requirements.
This responsibility is particularly relevant where the Customer may be obtaining quotations from additional TPIs, and the Customer is therefore comparing offers from multiple parties.
- Administration Fees
Guild Energy shall only be able to charge the Customer, and the Customer accepts to pay Administration Fees ONLY in the following circumstances;
- i) Prior to securing electricity, gas or water agreements either directly with suppliers or via another third party, the Customer requests any suppliers to disregard the Letter of Authority held by Guild Energy, purposefully prevents Guild Energy from obtaining quotations from any suppliers or in any way acts to place Guild Energy at a competitive disadvantage in providing a fair opportunity in presenting competitive quotations to the Customer.
- ii) Where we understand the quotations presented by us to the Customer are more competitive than those obtained via another third party however the Customer has still elected to secure the less competitive agreement via another third party, or where the Customer fails to perform a like-for-like comparison of prices from an alternative third party and agrees a supply contract via the other third party (whether or not the information provided to the Customer by the other third party allowed a like-for-like comparison or not). For the avoidance of doubt, it is the Customer’s responsibility to ensure that any price comparison is carried out on a like-for-like basis and should seek advice if they are unsure of the specific structure of any offer provided by another third party. If you are in doubt about any offers received from other third parties, we will help you compare offers received to ensure a like-for-like comparison is undertaken.
- iii) Where Guild Energy present prices to the Customer, and the Customer subsequently enters into negotiations directly with any Suppliers which appear on the quotation documents provided by Guild Energy. For the avoidance of doubt, nothing in these terms will prevent Customers from obtaining quotations from alternative Suppliers which Guild Energy either i) do not have a commercial relationship with, or ii) do not present to the Customer on any quotation documents. The Customer is still bound by clause 4.x) to give Guild Energy the final opportunity to match or beat any offer they obtain directly or via another third party before proceeding with a Supply Contract.
- iv) Where the Customer is obtaining quotations from another third party and does not give Guild Energy fair and ample opportunity to provide quotations defined below.
|Supply type||Annual usage (kWh)||Number of supplies (MPANs or MPRs)||Fair and ample timescale for gathering information& initial quotations||Fair and ample timescale for subsequent refreshed quotations|
|Non Half-Hourly electricity||Any||1||3 full working days||1 full working day|
|Non Half-Hourly electricity||Any||2 or more||10 full working days||2 full working days|
|Half-Hourly electricity||Any||1 or more||10 full working days||2 full working days|
|Gas||<73,268||1||3 full working days||1 full working day|
|Gas||>73,268||1||5 full working days||2 full working days|
|Gas||Any||2 or more||10 full working days||2 full working days|
- v) Where it transpires that the Customer already has an exclusive arrangement with another third party at the time of signing the Guild Energy Letter of Authority, or during the validity period of the Guild Energy Letter of Authority signed by the Customer (usually 12 months) agrees to enter into an exclusive arrangement with another third party, and are therefore unable or unwilling to secure electricity/gas/water supply contracts via Guild Energy.
- vi) Where the Customer ultimately secures a Supply Contract directly with a Supplier or via another Third Party and refuses to or is unwilling to provide detailed and accurate feedback regarding the Supply Contact Secured within 14 calendar days after being requested to do so by Guild Energy. For the avoidance of doubt ‘detailed and accurate feedback’ shall entail the name of the Supplier, any and all rates including standing charges, contract duration, supplier product name (where applicable) and where applicable the details of any Non Commodity Costs which may or may not be included in such Supply Contract.
- vii) Where the Customer has not provided to Guild Energy Supply Point information, Contract End dates, Current Supplier, Annual Consumption, Supply Capacity, HH Consumption Data, or any other information required to be submitted to Suppliers in order to obtain Supply Quotations, and Guild Energy have been requested to find/obtain by their own means, or Guild Energy have to obtain via their own means in order to tender to Suppliers in a full and proper manner, and any or all of such information is sent by the Customer to another third party or is sent by the Customer to a Supplier directly to request or obtain Supply Quotations.
- viii) Where at any time prior to the Customer’s Contract End date(s), the Customer requests from Guild Energy Supply Point information, Contract End dates, Current Supplier, Annual Consumption, Supply Capacity, HH Consumption Data, or any other information required to be submitted to Suppliers in order to obtain Supply Quotations, and the Customer does not enter into a new Supply Contract via Guild Energy to commence from the Contract Renewal date for a minimum period of 12 months and/or arranges a Supply Contract via another third party or with a Supplier directly.
- ix) In conjunction with Clause 7 – New Connections, the Customer arranges a Supply Contract for a New Supply whereby Guild Energy have assisted with the New Connection.
- x) Where the Customer provides an LOA to use the Services of Guild Energy, but during the validity period of that LOA (which is normally 12 months from the signature date) they agree a Supply Contract directly with a Supplier or via another party before providing Guild Energy ample opportunity to match or beat that offer. Ample opportunity shall be defined by the durations in clause 4-iv) referring to either initial quotations or refreshed quotations as applicable. Any alternative offers obtained by the Customer shall be forwarded to Guild Energy un-edited and be in writing by the Supplier and/or other third party as the case may be so a full, proper and fair comparison can be made.
The Administration Fees applicable in the above circumstances are confirmed in the below table:
|Supply type||Annual usage (kWh)||Number of supplies (MPANs or MPRs)||Admin Fee per supply point|
|Non Half-Hourly electricity||Any||Any||£50.00 plus Vat|
|Half-Hourly electricity||Any||Any||£150.00 plus Vat or 0.2p/kWh (whichever is the greatest). **|
|Gas||<73,268||1||£50.00 plus Vat|
|Gas||>73,268||Any||£100.00 plus Vat or 0.1p/kWh (whichever is the greatest). **|
** the kWh usage figure will be calculated as the clients actual usage over the last 12 months as confirmed by the current supplier.
For the avoidance of doubt, a ‘Supply Point’ is defined as an electricity Meter Point Administration Number (MPAN), gas Meter Point Reference (MPR) or water Supply Point ID (SPID).
The Customer agrees to pay such Administration Fees within 14 days of the date of the invoice from Guild Energy.
- Formation and termination of contract:
- i) When agreeing to a Supply Contract via Guild Energy, you agree and understand that you are entering into an exclusive arrangement to use the Procurement Services of Guild Energy during, and up to the end of the term of the Supply Contract. A Supply Contract will be deemed to have been agreed via Guild Energy where the signed or verbally agreed Supply Contract documentation has been returned to Guild Energy and in turn Guild Energy send that documentation to the Supplier in order to secure the Supply Contract, and the Supply Contract commences with the Supplier.
- ii) Either Guild Energy or the Customer may terminate this Agreement by providing no less than ninety (90) days written notice before the Renewal Date of the relevant gas, electricity or water Supply Contract referred to in clause 5.i. Termination notices to Guild Energy will only be accepted if they are in writing by: a) email to suppliers@GuildEnergy .co.uk or b) recorded postal delivery to Termination Notices, Guild Energy, 4 Croft Court, Whitehills Business Park, Blackpool, Lancashire FY4 5PR. Termination notices from Guild Energy to the Customer will be made in writing by a) email to the email address we hold on your account or b) in writing to the correspondence address we hold on your account.
- iii) Should this Agreement not be terminated in accordance with clause 5.ii you agree and understand that you are bound under the terms of this Agreement to continue to use Guild Energy for Procurement Services for a duration a) of 12 months if the Customer elects to secure a Renewal Contract for a duration of less than 12 months or b) to expire at the Contract Renewal Date of the Renewal Contract.
- iv) If termination is not provided according to clause 5.ii and you cease to use the Procurement Services of Guild Energy by agreeing a Supply Contract via another Third Party or directly with a Supplier, Guild Energy will charge, and you hereby agree to pay Administration Fees described in clause 4.
- v) If you are provided with a Bona Fide alternative Supply Quotation from another third party, Guild Energy shall have the option, and you shall grant Guild Energy the option of matching the prices and terms of the Supply Quotation provided by the third party prior to you agreeing the alternative Supply Quotation. If Guild Energy are unable or unwilling to match the alternative Supply Quotation provided by the third party (or parties) Guild Energy
will waive the Administration Fees referenced in clause 5.iv. For the avoidance of doubt the Customer shall disclose any and all information relating to the alternative Supply Quotation provided by the other third party (or parties) including any written correspondence, Supply Contract documentation or other relevant documentation in order for Guild Energy to make a fair and accurate comparison. If Guild Energy are able to match or beat the alternative Supply Quotation provided by the other third party (or parties) the Customer agrees to either a) secure the Supply Contract via Guild Energy or b) agree to pay the Administration Fees referenced in clause 4 and 5.iv.
- Lost income:
Where Guild Energy arrange a Supply Contract for the Customer, but that Supply Contract does not commence due to any of the following, Guild Energy shall be able to charge the Customer, and the Customer agrees to pay Guild Energy for Lost Income;
- i) It transpires the Customer had already entered into a Supply Contract with a Supplier and Guild Energy were not made aware of such Supply Contract (including the same supplier which Guild Energy arranged a Supply Contract);
- ii) The Customer subsequently enters into a separate Supply Contract with any Supplier after entering into a Supply Contract via Guild Energy;
- iii) It transpires the Customer had already agreed to give authority to a third party to arrange Supply Contracts on the Customer’s behalf, and Guild Energy were not aware of such relationship or authority;
- iv) The Customer subsequently agrees to an exclusive relationship with a third party which may or may not give the third party the authority to agree Supply Contracts on the Customer’s behalf.
- v) The Customer is required to inform Guild Energy of any potential Change of Tenancy (COT) situations that may occur. It will be at Guild Energy’s sole discretion on whether the Lost Income calculation will be used to recover lost revenue directly from the Customer. Failure to notify Guild Energy of a COT will automatically result in a lost income charge becoming payable.
For the avoidance of doubt, the ‘Lost Income’ will be calculated as follows:
EAC x Ckwh x T / 100 where:
EAC is the Estimated Annual Consumption of gas or electricity (as applicable) as shown on the Supply Contract secured by Guild Energy, or the annual consumption shown on any Guild Energy quotation sheet, whichever is the greater.
Ckwh is the £ per kWh Commission value built into the Supply Contract secured via Guild Energy.
T is the Term (duration) of the Supply Contract in years arranged via Guild Energy.
- New Connections
- i) Where Guild Energy assist the Customer with any New Connection the Customer agrees to exclusively engage Guild Energy for the Procurement Services for the New Supply for a minimum period of 12 months, commencing on the date the Supply Contract goes live with the Supplier.
- ii) For the avoidance of doubt, assistance in this matter shall include, but not be limited to requesting quotations for the New Connection, discussing or liaising with the Infrastructure Provider, discussing or liaising with the Gas Transporter regarding the New Connection or New Supply, discussing or liaising with the Distribution Network Operator regarding the New Connection or New Supply, discussing or liaising with any other party such as electricians, meter operators, site contacts or otherwise in relation to the New Connection or New Supply.
- iii) Any Supply Contract arranged for a New Supply shall also be subject to the Terms.
- iv) If the Customer engages the services of any Third Party to arrange a Supply Contract for the New Supply, Guild Energy shall charge the Customer, and the Customer agrees to pay the Administration Fee as described in clause 4 plus an additional one-off charge of £250 plus Vat.
The Customer agrees to pay any invoices for Lost Income issued by Guild Energy within 14 days of the date of the Invoice.