Terms & Conditions

Standard Terms and Conditions – Investment Management Energy (UK) Ltd T/A iM Energy

1. Definitions and Interpretation

1.1 The following definitions apply:

Business Day: Any day (except Saturday, Sunday, or public holidays in England) when London banks are open.
Client: The person or organisation receiving services from iM Energy.
Client Materials: Any tools, data, equipment, drawings, or specifications the Client provides to iM Energy.
Conditions: These terms and conditions.
Contract: The agreement between iM Energy and the Client for services, made via phone, email, or written communication (typically through the Welcome Letter).
Deliverables: All documents, materials, or products created by iM Energy in connection with the Services.
DPA: Data Protection Act 2018.
GDPR: General Data Protection Regulation (EU) 2016/679.
Intellectual Property Rights (IPRs): All rights relating to patents, copyrights, trademarks, designs, databases, trade secrets, etc., whether registered or not.
iM Energy: Investment Management Energy (UK) Ltd, registered in England (Company No. 08072984), with its office at Aldgate House, 1-4 Market Place, Hull, HU1 1RS.
Parties: The Client and iM Energy collectively.
Services: The appointment of iM Energy as a third-party intermediary for arranging Utility Supply Contracts, and any associated services listed in the Welcome Letter.
Utilities: Gas, electricity, or both.
Utility Provider: Any supplier of gas or electricity.
Utility Supply Contract: The agreement between the Client and the Utility Provider for the provision of Utilities.
Welcome Letter: The welcome or confirmation sent by iM Energy via email or other written format.

1.2 References to legislation include updates and any related secondary laws.

1.3 Terms like “including”, “for example” etc. are illustrative and not limiting.

1.4 “Writing” includes emails.

1.5 A reference to a “company” includes any type of corporate entity.

1.6 Holding and subsidiary companies are defined by the Companies Act 2006, Section 1159.

1.7 If a party must not do something, it also must not allow it to happen.

2. General Terms

2.1 These Conditions govern all Services provided. Use of the Services indicates the Client agrees to these terms.

2.2 iM Energy acts only as an intermediary. Any Utility Supply Contract is between the Client and the Utility Provider. iM Energy is not responsible for the content or performance of those contracts.

2.3 The Client acknowledges that entering into a Utility Supply Contract depends on:

Providing complete and accurate data,
Passing pre-contract checks (like credit checks),
Submitting a signed Letter of Authority in time.

Delays or issues caused by the Client not meeting these conditions are not iM Energy’s responsibility.

2.4 The Client understands that Utility Providers have their own separate terms and conditions. These apply directly between the Client and the provider. It is the Client’s responsibility to review and accept those terms. If the Client qualifies for VAT or CCL relief, they must submit the appropriate forms (PP10/PP11, VAT declarations) to the Utility Provider and HMRC.

3. Client Responsibilities

3.1 The Client agrees to:

Work cooperatively with iM Energy;
Provide necessary access to premises and facilities when required;
Share all documents and data needed to perform the Services;
Comply with any additional responsibilities as outlined;
Obtain any licences or approvals needed for iM Energy to deliver the Services.

3.2 If iM Energy cannot perform services due to the Client’s actions (or inactions), iM Energy:

Is not liable for any resulting losses,
Can still charge for Services as agreed,
May recover additional costs caused by such delays.

4. Intellectual Property

4.1 Client Materials:

The Client retains all IP rights in materials they provide.
The Client grants iM Energy a non-exclusive, royalty-free licence to use these materials to deliver the Services.

4.2 Deliverables:

iM Energy retains all IP rights in the Deliverables (excluding Client Materials).
iM Energy gives the Client a non-exclusive, royalty-free licence to use the Deliverables internally.

5. Fees and Payments

5.1 iM Energy is paid via commission from the Utility Provider, typically included in the Client’s Utility unit rate. There are no additional charges for the Services.

5.2 This commission continues even after the end of the Contract, as long as the Utility Supply Contract remains active.

6. Liability

6.1 Nothing excludes liability for death, personal injury from negligence, fraud, or anything else that can’t be legally excluded.

6.2 iM Energy is not liable for:

Lost profits, data, revenue, or goodwill,
Any indirect or consequential losses.

6.3 Total liability is limited to £10,000.

6.4 All other warranties and conditions (implied by law or otherwise) are excluded.

7. Data Protection

7.1 Definitions follow the Data Protection Act 2018 and GDPR.

7.2 Both parties must comply with all applicable Data Protection laws.

7.3 Each party is responsible for how it processes personal data (such as contact details of representatives) and must follow its own privacy policy.

7.4 If the Client is a sole trader or partnership, personal data will be handled per iM Energy’s privacy policy at www.im-energy.co.uk.

7.5 If one party needs to process data for the other (as a processor), a separate agreement will be required in line with Article 28 of the GDPR.

8. General Provisions

8.1 Force Majeure: Neither party is liable for delays due to circumstances beyond their control.

8.2 Assignment: Neither party may transfer this Contract without consent.

8.3 Confidentiality: Both parties agree to keep each other’s information confidential during the Contract and for two years after it ends. This does not apply to public information.

8.4 Anti-Bribery & Modern Slavery: Both parties must comply with relevant laws including the Bribery Act 2010 and the Modern Slavery Act 2015.

8.5 Entire Agreement: This Contract replaces all previous agreements and understandings.

8.6 No Reliance on Representations: Parties cannot rely on any representation not included in this Contract.

8.7 Complaints: iM Energy values customer feedback. If you have a complaint, contact the Client Services team. A formal complaint process is available at Complaints Handling Procedure – iM Energy Unresolved complaints can be escalated to the Ombudsman Services (visit: ombudsmanservices.org).

8.8 Waiver: If a party delays enforcing rights, it doesn’t mean those rights are waived.

8.9 Severance: If a part of this Contract is found to be unenforceable, the rest remains valid.

8.10–8.11 Notices: Must be sent by post, hand delivery, or email to the agreed address. Email notices count as received at the time they are sent (unless outside business hours).

8.12 Legal documents must be served in accordance with legal procedures.

8.13 No Partnership: This Contract doesn’t create a partnership or agency.

8.14 No Third-Party Rights: Only the parties to this Contract can enforce its terms.

8.15 Governing Law: English law applies.

8.16 Jurisdiction: Disputes must be resolved in the courts of England.