Important Information About Our Service
Flame Energy is an independent energy intermediary. We arrange energy contracts with Energy Suppliers and provide ongoing contract management and support throughout the duration of Supply Contracts arranged through us.
We work with a panel of Energy Suppliers. When undertaking a procurement tender, we seek quotations from all suppliers on our panel that offer relevant contractual terms and products appropriate to your requirements and are available to participate in the procurement at that time. Our panel does not necessarily include every Energy Supplier or every energy product available in the wider market.
Flame Energy may receive Commission from an Energy Supplier when we arrange a Supply Contract. Where Commission applies, we will explain how we are paid, the applicable Commission rate or calculation method and, where reasonably calculable, the estimated total Commission before you enter into the Supply Contract.
Our Commission remunerates us for the Services we provide, including procurement and ongoing contract management and support throughout the contract term.
The Supply Contract itself is between you and the Energy Supplier. The Energy Supplier remains responsible for supplying energy and performing its obligations under that contract.
These Terms and Conditions govern the relationship between Flame Energy and the Customer.
1. Definitions
1.1 In these Terms and Conditions:
Agreement: means the agreement between Flame Energy and the Customer comprising these Terms and Conditions, any applicable Letter of Authority and any other document expressly stated to form part of the agreement between the parties.
Authorised Representative: means any director, employee, officer or other person whom the Customer has authorised, or represents to Flame Energy as being authorised, to provide instructions or make decisions on behalf of the Customer.
Commencement Date: means the date on which this Agreement commences in accordance with clause 3.2.
Commission: means any commission, fee or other remuneration payable to Flame Energy by an Energy Supplier in connection with a Supply Contract arranged through Flame Energy.
Customer: means the business, organisation, partnership, sole trader or other entity entering into the Agreement with Flame Energy.
Energy Supplier: means an energy supplier or other provider from whom Flame Energy may obtain quotations, pricing or contractual terms for the Customer.
Flame Energy: means Flame Energy Limited, company number 12025193, whose registered office is White House, Wollaton Street, Nottingham, United Kingdom, NG1 5GF.
Letter of Authority or LOA: means a letter or other form of authority provided by the Customer authorising Flame Energy to undertake specified activities on the Customer’s behalf.
Services: means the energy procurement, ongoing contract management and related services provided by Flame Energy under this Agreement.
Supply Contract: means a contract between the Customer and an Energy Supplier for the supply of electricity, gas or other energy related products or services.
Working Day: means Monday to Friday, excluding public holidays in England.
2. Flame Energy’s Services
2.1 Flame Energy is an independent energy intermediary providing energy procurement and ongoing energy contract management services. Flame Energy does not itself supply electricity or gas.
2.2 Depending upon the Services requested, Flame Energy may:
a. obtain and review information relating to the Customer’s existing energy arrangements
b. obtain energy consumption, meter, contract and supply information
c. obtain quotations and contractual proposals from Energy Suppliers
d. present and explain available energy procurement options
e. assist with the negotiation and arrangement of Supply Contracts
f. support contract renewals and future procurement
g. assist with objections, terminations, change of tenancy, change of occupancy and contract commencement issues
h. provide ongoing contract management and supplier liaison
i. maintain energy contract and supply information within Flame Energy’s systems or customer portal
j. arrange or assist with metering, MOP, DC, DA, communications, new connections or temporary supplies where agreed
k. assist with solar generation, renewable energy, export, Power Purchase Agreement or Smart Export Guarantee arrangements where agreed
l. provide energy monitoring, data management, KVA or capacity reviews where agreed
m. provide energy efficiency, carbon reduction, water management or other related consultancy where agreed
n. provide other agreed energy related services
2.3 Flame Energy works with a panel of Energy Suppliers. When undertaking a procurement tender, Flame Energy will seek quotations from all suppliers on its panel that offer relevant products and contractual terms appropriate to the Customer’s requirements and are available to participate at that time. Flame Energy does not represent that its panel includes every Energy Supplier or every energy product available in the wider market.
2.4 Flame Energy is not a whole of market price comparison service and does not guarantee that a quotation obtained through Flame Energy will be the lowest price available.
2.5 When presenting procurement options, Flame Energy may consider factors in addition to price, including contract structure, payment terms, supplier service, credit requirements, contract duration, the Customer’s requirements and other relevant commercial considerations.
2.6 Unless expressly agreed otherwise in writing, Flame Energy does not provide legal, tax, accounting or financial advice. The Customer remains responsible for deciding whether a Supply Contract is suitable for its business.
2.7 Flame Energy will provide the Services with reasonable care and skill.
2.8 Where Flame Energy arranges a Supply Contract, its Services will continue throughout the duration of that Supply Contract unless otherwise agreed in writing.
2.9 During the Supply Contract term, the Services may include:
a. maintaining contract records and key dates
b. supplier liaison
c. assistance with commencement and administration
d. assistance with objections and transfer issues
e. assistance with billing, meter and account queries where reasonably required
f. monitoring contract end dates and renewal requirements
g. assistance with changes of tenancy, occupancy or ownership
h. maintaining information within Flame Energy’s customer portal or other systems
i. providing consumption, contract or management information where available
j. supporting the ongoing administration of the Customer’s energy arrangements
2.10 Flame Energy’s contract management service does not transfer to Flame Energy any responsibility of an Energy Supplier under a Supply Contract.
2.11 Flame Energy will use reasonable endeavours to assist with supplier related queries but cannot guarantee the actions, response times or performance of an Energy Supplier or other third party.
3. Appointment and Letter of Authority
3.1 The Customer appoints Flame Energy to provide the Services in accordance with this Agreement.
3.2 The Agreement commences when the Customer signs, electronically accepts or otherwise agrees to a Letter of Authority or these Terms and Conditions, or instructs Flame Energy to commence the Services following receipt of these Terms and Conditions.
3.3 The Customer may provide Flame Energy with a Letter of Authority permitting Flame Energy to communicate with existing or prospective Energy Suppliers, network operators, meter operators, data providers and other relevant industry parties.
3.4 The scope of Flame Energy’s authority is determined by the applicable Letter of Authority and any additional written authority provided by the Customer.
3.5 A Letter of Authority may permit Flame Energy to obtain information including:
a. existing contract details
b. contract start and end dates
c. meter and supply information
d. consumption data
e. billing information
f. termination requirements
g. other information reasonably required to provide the Services.
3.6 Unless expressly authorised, a Letter of Authority permitting Flame Energy to obtain information or negotiate with Energy Suppliers does not, by itself, authorise Flame Energy to enter into a Supply Contract on behalf of the Customer.
3.7 The Customer must notify Flame Energy promptly in writing if it wishes to withdraw or change any authority granted to Flame Energy. Withdrawal will not affect any Supply Contract already entered into or rights or obligations which arose beforehand.
3.8 Where Flame Energy arranges a Supply Contract, the Customer appoints Flame Energy as its energy intermediary and contract management provider in relation to that Supply Contract for its duration.
3.9 The Customer authorises Flame Energy during that period to communicate with the relevant Energy Supplier and other industry parties to the extent reasonably necessary to provide the Services.
3.10 The Customer will maintain any Letter of Authority reasonably required for Flame Energy to provide the ongoing Services.
3.11 If an updated or replacement Letter of Authority is reasonably required, the Customer will provide it within a reasonable period following Flame Energy’s request.
3.12 The Customer acknowledges that Flame Energy’s ongoing Services form part of the commercial arrangement under which Flame Energy receives Commission.
4. Customer Authority and Instructions
4.1 The Customer must ensure that anyone providing instructions to Flame Energy on its behalf has sufficient authority to do so.
4.2 Flame Energy may rely upon instructions from an Authorised Representative unless notified in writing that the person is no longer authorised.
4.3 Where the Customer expressly authorises Flame Energy to enter into a Supply Contract on its behalf, Flame Energy may rely upon that authority.
4.4 Approval may be provided through an authorised method accepted by Flame Energy, including electronic signature, email, recorded telephone confirmation or an approved electronic system.
4.5 Before accepting a Supply Contract, the Customer is responsible for reviewing the principal terms provided to it, including:
a. Energy Supplier
b. energy product or tariff
c. pricing and charges
d. contract duration
e. proposed commencement date
f. termination and renewal provisions
g. applicable early termination or exit provisions
h. Flame Energy’s Commission or other fees.
4.6 The Customer must promptly notify Flame Energy if information within a quotation, proposal or Supply Contract appears incorrect.
4.7 Once validly accepted, a Supply Contract may be legally binding and there may be no cancellation or cooling off period.
5. Customer Responsibilities
5.1 The Customer must cooperate with Flame Energy and provide information and assistance reasonably required to provide the Services.
5.2 Information supplied must be complete, accurate and up to date.
5.3 This includes, where applicable:
a. meter and supply details
b. consumption information
c. bills
d. existing Supply Contracts
e. contract dates
f. termination notices
g. existing broker arrangements
h. proposed energy procurement arrangements
i. planned changes of tenancy, occupancy, ownership or use.
5.4 Flame Energy may rely upon information supplied by the Customer, an Energy Supplier or another industry party and will not be responsible for losses arising from inaccurate, incomplete or outdated information, except where Flame Energy knew or reasonably should have known that it was incorrect.
5.5 The Customer must promptly inform Flame Energy of changes which may affect the Services or a Supply Contract.
5.6 The Customer must not knowingly enter into another Supply Contract for the same supply point and supply period after entering into a binding Supply Contract arranged through Flame Energy.
5.7 If another broker, intermediary or Energy Supplier attempts to arrange a conflicting Supply Contract, the Customer must promptly notify Flame Energy.
5.8 The Customer remains responsible for complying with its Supply Contracts.
5.9 The Customer is responsible for paying charges due to its Energy Supplier.
5.10 The Customer must act reasonably and in good faith and must not deliberately take action intended to prevent Flame Energy receiving Commission properly due in respect of a Supply Contract arranged through Flame Energy.
5.11 The Customer will permit Flame Energy to continue providing its Services for the duration of Supply Contracts arranged through Flame Energy.
5.12 The Customer must not, without reasonable cause, remove, replace or bypass Flame Energy for the primary purpose of preventing or reducing Commission which would otherwise be payable to Flame Energy.
5.13 Nothing in clause 5.12 prevents the Customer from raising a complaint, exercising a statutory or contractual right or changing its arrangements for a legitimate reason.
5.14 If another energy intermediary is appointed during an existing Supply Contract, the Customer must inform that intermediary of Flame Energy’s existing appointment and ensure that the new appointment does not interfere with Flame Energy’s rights in relation to the existing Supply Contract.
6. Energy Procurement and Quotations
6.1 Where Flame Energy undertakes a procurement tender on behalf of the Customer, Flame Energy will seek quotations and proposals from all Energy Suppliers on its panel that offer relevant products and contractual terms appropriate to the Customer’s requirements and are available to participate in the procurement at that time.
6.2 Flame Energy works with a panel of Energy Suppliers. While Flame Energy will include all relevant Energy Suppliers on its panel in a procurement tender in accordance with clause 6.1, Flame Energy does not represent that its panel includes every Energy Supplier or every energy product available in the wider market.
6.3 The Customer is not required to appoint Flame Energy on an exclusive basis in order to obtain quotations or participate in a procurement tender. The Customer may obtain quotations independently or through other energy intermediaries. The Customer must, however, notify Flame Energy of any existing or proposed arrangements which could result in conflicting Supply Contracts for the same supply point and supply period.
6.4 Quotations may be based upon the Customer’s consumption, meter information, credit status, existing contracts, proposed contract duration and commencement date, market conditions, supplier information and other relevant factors.
6.5 Energy prices and terms may change at short notice. Unless expressly stated otherwise, quotations do not guarantee that prices or terms will remain available.
6.6 Quotations remain subject to supplier acceptance, credit approval, eligibility requirements and other supplier conditions.
6.7 Flame Energy will take reasonable steps to ensure quotations presented are accurate and current when provided.
6.8 Flame Energy is not responsible for a quotation becoming unavailable because of market movements, supplier pricing changes, credit decisions, Customer delay or circumstances outside Flame Energy’s reasonable control.
6.9 Before entering into a Supply Contract, Flame Energy will provide or make available the principal terms supplied to it, including where applicable the supplier, pricing, duration, commencement date, renewal provisions, termination conditions, exit provisions and Flame Energy’s Commission or fee arrangements.
6.10 The Customer must review the information provided and promptly identify anything which appears incorrect.
6.11 Where more than one option is presented, the Customer remains responsible for selecting which option to proceed with.
6.12 Any savings, costs, consumption forecasts, generation estimates or financial projections provided by Flame Energy are estimates unless expressly stated otherwise in writing. Actual outcomes may vary because of changes in consumption, weather, network charges, government charges and levies, supplier pricing, metering arrangements, taxes, regulation, market conditions and information supplied by the Customer or third parties.
6.13 Flame Energy does not guarantee a particular level of saving unless expressly agreed in writing.
6.14 Any market commentary, pricing information, forecasts or recommendations provided by Flame Energy are provided for general information and commercial decision making purposes. Energy markets can change rapidly and historical prices or market performance do not guarantee future prices. The Customer remains responsible for its final commercial decision.
7. Entering into a Supply Contract
7.1 The Supply Contract is between the Customer and the Energy Supplier. Flame Energy is not a party to it unless expressly stated otherwise.
7.2 A Supply Contract may be entered into by signature, electronic acceptance, permitted recorded verbal acceptance, approved electronic contracting system, written or electronic authority to proceed, or through Flame Energy where expressly authorised.
7.3 The Customer must ensure the person accepting or authorising the Supply Contract has authority to bind it.
7.4 Flame Energy may submit a Supply Contract in reliance upon the Customer’s instruction to proceed.
7.5 Acceptance remains subject to the Energy Supplier’s approval and applicable credit and eligibility requirements.
7.6 Once validly entered into, a Supply Contract may be legally binding and business energy contracts may not have a cooling off or cancellation period.
7.7 The Customer is responsible for complying with its Supply Contract.
7.8 Where these Terms and Conditions and a Supply Contract conflict concerning the Energy Supplier’s provision of energy, the Supply Contract governs the supply of energy. These Terms and Conditions continue to govern the relationship between Flame Energy and the Customer.
8. Commission and Remuneration
8.1 Flame Energy is remunerated for its Services, including energy procurement and ongoing contract management and support.
8.2 Flame Energy may receive Commission from an Energy Supplier with whom the Customer enters into a Supply Contract.
8.3 Commission may be incorporated into prices or charges paid by the Customer to the Energy Supplier. The Energy Supplier may collect those amounts through the Customer’s energy charges and pay the agreed Commission to Flame Energy.
8.4 Before the Customer enters into a Supply Contract, Flame Energy will disclose:
a. how Flame Energy will be remunerated
b. the applicable Commission rate or calculation method
c. where reasonably calculable, the estimated total Commission over the anticipated Supply Contract term
d. how the Commission is funded by the Customer, including where incorporated into energy prices or charges.
8.5 The precise Commission ultimately received may vary from an estimate where dependent upon actual consumption, supply volume, contract duration or other variables.
8.6 Where Commission is consumption based, Flame Energy will explain the applicable rate, which may be expressed in pence per kilowatt hour or another applicable charging mechanism.
8.7 Commission remunerates Flame Energy for its overall Services, including procurement and ongoing management and support during the Supply Contract.
8.8 Flame Energy will seek to ensure its Commission and fees are reasonable having regard to the nature, extent and anticipated duration of its Services.
8.9 Any separate fee payable directly by the Customer will be disclosed and agreed before becoming payable.
8.10 The Customer may request further information concerning Flame Energy’s remuneration.
8.11 Commission structures may differ between Energy Suppliers. Flame Energy will not knowingly recommend or present a Supply Contract as more suitable solely because it generates higher Commission.
8.12 Flame Energy will maintain appropriate records of Commission arrangements.
9. Energy Supplier and Third Party Responsibilities
9.1 Flame Energy is an energy intermediary and contract management provider and does not itself supply electricity or gas.
9.2 The Energy Supplier is responsible for performing its obligations under the Supply Contract.
9.3 Supplier or third party responsibilities may include physical energy supply, billing, metering, meter readings, industry data, networks, supply interruptions, credit requirements, contract acceptance and application of supplier contractual terms.
9.4 Flame Energy will use reasonable endeavours to assist with supplier communication and queries relating to Supply Contracts it arranges.
9.5 Flame Energy cannot guarantee the performance, conduct, financial stability or response times of an Energy Supplier or other third party.
9.6 Flame Energy will not be responsible for acts or omissions of Energy Suppliers or other third parties except to the extent that loss is caused by Flame Energy’s own breach.
9.7 Where an Energy Supplier ceases trading, withdraws a product, changes acceptance criteria or cannot proceed, Flame Energy will use reasonable endeavours to assist in identifying an alternative arrangement where reasonably practicable.
9.8 Where Flame Energy arranges or assists with metering, MOP, DC, DA, communications, new connections, temporary supplies or other third party services, those services may be provided by independent contractors or service providers and may be subject to separate terms and charges. Flame Energy will use reasonable endeavours to coordinate such services but cannot guarantee the availability, performance, timescales or actions of those third parties.
9.9 Where Flame Energy assists with solar generation, renewable energy, export arrangements, Power Purchase Agreements, Smart Export Guarantee arrangements or other related services, the terms of the relevant supplier, purchaser, network operator, installer or other third party will also apply.
9.10 Export prices, generation forecasts, savings calculations and other projections may change and are subject to market conditions, consumption, generation, weather, equipment performance, export volumes and other relevant factors. Unless expressly guaranteed in writing, any such figures provided by Flame Energy are indicative only.
10. Contract Objections, Transfers and Commencement
10.1 Flame Energy will provide reasonable assistance with commencement and transfer of Supply Contracts it arranges.
10.2 Commencement and transfer may depend upon Energy Suppliers, incumbent suppliers, network operators and other industry participants.
10.3 A transfer may be delayed or prevented by an objection, debt, incorrect meter or industry data, existing contractual commitment, outstanding termination requirement, credit requirement, change of tenancy, system issue or other circumstances outside Flame Energy’s reasonable control.
10.4 The Customer must promptly provide information reasonably requested to investigate or resolve such issues.
10.5 Flame Energy will use reasonable endeavours to identify the cause and seek resolution.
10.6 Flame Energy does not guarantee that an objection can be removed or a Supply Contract will commence on a particular date where dependent upon a third party.
10.7 Flame Energy will not be responsible for additional charges or losses resulting from incorrect Customer information, Customer failure to comply with an existing contract or Customer failure to provide reasonably requested information.
10.8 Where an issue results from Flame Energy’s error, Flame Energy will take reasonable steps to correct it. Liability will be subject to clause 12.
10.9 Where a proposed Supply Contract cannot proceed, Flame Energy may, with Customer agreement, seek alternative arrangements.
10.10 The Customer must continue complying with and paying under existing energy arrangements until the new Supply Contract validly commences.
11. Change of Tenancy, Occupancy or Ownership
11.1 The Customer must notify Flame Energy as soon as reasonably practicable of a proposed change of ownership, tenancy, occupation or responsibility for energy supply at premises covered by a Supply Contract arranged through Flame Energy.
11.2 Where reasonably practicable, at least 12 Working Days’ notice should be provided.
11.3 The Customer must provide reasonable information or evidence confirming the change, which may include the effective date, incoming or outgoing occupier details, meter readings, sale documentation, lease documentation, landlord confirmation, business rates information or other reasonable evidence.
11.4 Flame Energy will use reasonable endeavours to assist with notifying the Energy Supplier and administering the change.
11.5 The Customer remains responsible for complying with its Supply Contract requirements concerning the change.
11.6 Flame Energy cannot guarantee that an Energy Supplier will accept a change or release the Customer from a Supply Contract.
11.7 Where a genuine change results in lawful termination of a Supply Contract, Flame Energy will not impose a charge merely because the Customer ceases occupying or owning the premises.
11.8 Clause 11.7 does not apply where a purported change has been deliberately arranged or misrepresented for the primary purpose of avoiding a Supply Contract, Commission properly due to Flame Energy or this Agreement.
11.9 Flame Energy may request further reasonable evidence where it reasonably believes a purported change is not genuine.
12. Duration
12.1 The Agreement commences in accordance with clause 3.2.
12.2 Where Flame Energy arranges a Supply Contract, this Agreement continues for the duration of that Supply Contract, including ongoing contract management and support.
12.3 Where multiple Supply Contracts are arranged, this Agreement continues while at least one remains in force or Flame Energy continues providing agreed Services.
12.4 Expiry of one Supply Contract does not terminate the Agreement in relation to another.
12.5 Where Flame Energy arranges a renewal or replacement Supply Contract, this Agreement continues in relation to that contract.
12.6 Additional Services agreed between the parties will be governed by these Terms and Conditions unless otherwise agreed in writing.
13. Termination
13.1 Either party may terminate where the other commits a material breach and, where capable of remedy, fails to remedy it within 12 days after written notice.
13.2 Flame Energy may terminate immediately where the Customer commits fraud, acts unlawfully, becomes insolvent or engages in conduct making continued provision of the Services unlawful or materially impracticable.
13.3 The Customer may terminate immediately where Flame Energy commits a serious breach incapable of remedy.
13.4 The Customer may request that Flame Energy cease ongoing contract management Services.
13.5 Where such a request has a legitimate basis, including an unremedied material service failure, Flame Energy will deal with it reasonably and in accordance with the Customer’s rights.
13.6 Termination of this Agreement does not itself terminate, cancel or vary a Supply Contract.
13.7 The Customer remains responsible for complying with Supply Contracts following termination.
13.8 Nothing prevents the Customer from making a complaint, accessing applicable dispute resolution or exercising a statutory right.
14. Consequences of Termination
14.1 Termination or expiry does not affect rights, obligations or liabilities which arose beforehand.
14.2 Amounts properly due before termination remain payable.
14.3 Supply Contracts remaining in force continue under their own terms.
14.4 Commission payable to Flame Energy by an Energy Supplier may continue following termination where Flame Energy remains contractually entitled to receive it.
14.5 Termination does not require Flame Energy to repay Commission properly earned or received unless legally required or agreed otherwise.
14.6 The parties will provide reasonable cooperation to facilitate an orderly handover where required.
14.7 Flame Energy may retain relevant records for legal, regulatory, accounting, dispute resolution and legitimate business purposes, subject to applicable data protection law.
14.8 Provisions intended by their nature to continue after termination will survive, including accrued payments, Commission, financial loss, confidentiality, data protection, liability, dispute resolution and governing law.
15. Liability
15.1 Nothing excludes or limits liability where unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
15.2 Subject to clause 15.1, Flame Energy will not be liable for losses arising from matters outside its responsibility, including Energy Supplier or third party acts, supply interruption, third party billing or data errors, supplier insolvency, withdrawn quotations, Customer credit decisions, objections or delayed transfers not caused by Flame Energy, inaccurate information supplied by others or circumstances outside Flame Energy’s reasonable control.
15.3 Flame Energy will not be liable for indirect or consequential loss.
15.4 Subject to clause 15.1, Flame Energy will not be liable for loss of profit, anticipated savings, business, opportunity, goodwill or anticipated revenue except where such exclusion would be unlawful.
15.5 Where Flame Energy makes an error, it will use reasonable endeavours to correct it and minimise its effect.
15.6 Subject to clause 15.1, Flame Energy’s total aggregate liability relating to a particular Supply Contract will not exceed the total Commission and fees received or receivable by Flame Energy in connection with that Supply Contract.
15.7 For claims unrelated to a particular Supply Contract, aggregate liability will not exceed Commission and fees received from the Customer during the 12 months immediately preceding the event giving rise to the claim.
15.8 Nothing affects rights which cannot lawfully be excluded or restricted.
16. Data Protection and Confidentiality
16.1 Each party will comply with applicable data protection law, including UK GDPR and the Data Protection Act 2018.
16.2 Flame Energy may process personal data where reasonably necessary to provide the Services, procure and manage Supply Contracts, communicate with relevant parties, administer accounts and systems, maintain records, comply with legal obligations and establish or defend legal claims.
16.3 Flame Energy processes personal data in accordance with its Privacy Notice.
16.4 The Customer must ensure it is entitled to provide any personal data supplied to Flame Energy.
16.5 Flame Energy may share relevant information with Energy Suppliers, industry participants, technology providers and service providers where reasonably necessary.
16.6 Each party will keep commercially sensitive or confidential information received from the other confidential, except where disclosure is reasonably required for the Services, to professional advisers or service providers, by law or regulation, for legal claims, or with consent.
16.7 Confidentiality does not apply to information lawfully in the public domain, previously lawfully known or lawfully obtained from another source without confidentiality restrictions.
16.8 Confidentiality obligations survive termination.
17. Complaints and Dispute Resolution
17.1 Flame Energy aims to provide its Services fairly, professionally and with reasonable care and skill.
17.2 Customers dissatisfied with the Services should raise the matter with Flame Energy as soon as reasonably practicable.
17.3 Flame Energy maintains a complaints procedure explaining how complaints can be made, handled and escalated.
17.4 The current complaints procedure and contact details will be available on Flame Energy’s website or on request.
17.5 Flame Energy will investigate complaints fairly, objectively and within a reasonable period and maintain appropriate records.
17.6 Where a complaint cannot be resolved, Flame Energy will explain further escalation options.
17.7 Where the Customer qualifies for access to Flame Energy’s applicable Alternative Dispute Resolution scheme, Flame Energy will provide information concerning the scheme and how it can be accessed.
17.8 An eligible Customer may refer an unresolved complaint to the applicable ADR provider once the relevant escalation requirements have been satisfied.
17.9 The complaints procedure does not prevent the Customer exercising other legal rights.
17.10 Complaints concerning an Energy Supplier’s performance may need to be raised directly with that supplier. Flame Energy will provide reasonable assistance where it arranged the relevant Supply Contract.
18. Events Outside Reasonable Control
18.1 Neither party will be responsible for failure or delay caused by circumstances outside its reasonable control.
18.2 These may include energy industry system failures, telecommunications or technology disruption, third party cyber incidents, failure of industry participants, industrial disputes, government or regulatory action, changes in law, natural events, war, terrorism, civil disturbance or other events which could not reasonably have been prevented.
18.3 The affected party will take reasonable steps to minimise the effect and resume performance as soon as reasonably practicable.
18.4 This clause does not excuse payment of amounts which became properly due beforehand.
19. General Provisions
Notices and Communications
19.1 Communications may be made by email, telephone, electronic system, customer portal or another agreed method.
19.2 Formal notices concerning termination, breach or legal rights must be in writing and may be delivered by email or post to the most recent contact details provided.
19.3 The Customer must keep its contact details and Authorised Representative information current.
Electronic Records
19.4 Electronic signatures, electronic acceptance, permitted recorded telephone acceptance and electronic records may evidence instructions and agreements.
19.5 Electronic records maintained by Flame Energy may be used as evidence of communications, instructions and acceptance, subject to applicable law.
Assignment
19.6 The Customer may not assign its rights or obligations without Flame Energy’s prior written consent, such consent not to be unreasonably withheld or delayed.
19.7 Flame Energy may assign or transfer its rights and obligations as part of a genuine business sale, restructuring or transfer of its energy services business, provided this does not materially reduce the Customer’s rights.
Subcontracting
19.8 Flame Energy may use employees, contractors, technology providers and other service providers to deliver the Services but remains responsible for its own obligations.
Entire Agreement
19.9 This Agreement constitutes the agreement between the parties concerning the Services and supersedes previous discussions, representations or understandings except where expressly incorporated.
19.10 Nothing excludes liability for fraud or fraudulent misrepresentation.
Variation
19.11 Flame Energy may update these Terms and Conditions to reflect changes in law, regulation, industry requirements, technology or its Services.
19.12 Changes will not retrospectively alter agreed commercial terms or Commission arrangements relating to an existing Supply Contract unless expressly agreed.
19.13 Flame Energy will provide reasonable notice where a change materially affects the Customer’s rights or obligations concerning ongoing Services.
Waiver and Severability
19.14 Failure or delay in exercising a right does not waive that right.
19.15 If a provision is invalid, unlawful or unenforceable, it will be modified to the minimum extent necessary or removed, with the remainder continuing in effect.
Third Party Rights
19.16 Unless expressly stated otherwise, a person who is not a party to this Agreement has no right to enforce its terms under the Contracts (Rights of Third Parties) Act 1999.
Relationship
19.17 Nothing creates a partnership, joint venture or employment relationship between Flame Energy and the Customer.
19.18 Flame Energy acts as an independent intermediary and service provider except to the limited extent expressly authorised to act on the Customer’s behalf.
Order of Priority
19.19 Where documents forming the Agreement conflict, the order of priority will be:
a. specific written commercial terms expressly agreed between Flame Energy and the Customer
b. the applicable Letter of Authority, solely in relation to the scope of authority granted
c. these Terms and Conditions.
Intellectual Property
19.20 All reports, calculations, documents, templates, methodologies, systems, materials and other intellectual property created or supplied by Flame Energy remain the property of Flame Energy unless expressly agreed otherwise in writing.
19.21 The Customer may use materials supplied by Flame Energy for its own internal business purposes in connection with the Services.
19.22 The Customer must not reproduce, distribute, resell or commercially exploit Flame Energy’s proprietary materials without Flame Energy’s prior written consent.
20. Governing Law and Jurisdiction
20.1 This Agreement and any dispute or claim arising from it, including non contractual disputes or claims, are governed by the laws of England and Wales.
20.2 Subject to any applicable right to Alternative Dispute Resolution, the courts of England and Wales have exclusive jurisdiction.
20.3 Nothing prevents the parties attempting to resolve a dispute through negotiation, mediation or another agreed dispute resolution process before court proceedings.
