5 Rings Energy Terms & Conditions
“5 Rings Energy” “We” “Us” and “Our” means 5 Rings Energy LLP, a limited liability partnership incorporated in England and Wales, under registration number OC367929 whose registered office is 14 Triangle Business Centre 95 Commerce Way, Lancing Business Park, Lancing, West Sussex, England, BN15 8UP and by whatever trading name(s) may be used from time to time. We are also registered with the Information Commissioner in compliance with the Data Protection Act 2018 under registration number ZA267068.
“Agreement” means these terms and conditions,, the Letter of Authority and any other documents referred to in these terms or the Order Form.
“Customer” means the person contracting with 5 Rings Energy for the provision of the Services as specified in the Order Form.
“Letter of Authority” means the Letter of Authority signed by the Customer in our favour.
“Order Form” means the order form attached specifying the Customer’s details, the Services to be provided, details of the Provider and the Rates which have been agreed to be paid by the Customer to our approved Energy Provider.
“Provider” means the energy supplier 5 Rings Energy have sourced for the Customer.
“Publication” means either by issuance of advertisements or notices in any format or by the posting of the relevant material on the 5 Rings Energy website.
“Rates” means the prices charged by 5 Rings Energy for the brokerage services or as otherwise later agreed between the parties from time to time and as varied by 5 Rings Energy in accordance with this Agreement.
“Services” means the procurement of quotations and prices for the supply of energy services by the Provider to the Customer and any other ancillary services agreed to be provided by the Provider to the Customer as specified in the Order Form.
“Set up Charges” means the charges for setting up the Services as specified in the Order Form.
“Term” means the a period of 12 months from the date of receipt by us of the Letter of Authority completed by the Customer or until terminated by 5 Rings Energy or the Customer in accordance with the provisions of clause 10 (Termination).
“Working Day” means Monday to Friday (inclusive) in any week excluding all English bank and public holidays.
- This Agreement
2.1 The customer accepts the quote, charges and minimum term by checking the “I accept this Quote & Approve Terms & Conditions” The customer enters their name and this is a binding contract.
2.3 The Customer also acknowledges that data will be used the purposes set out in the Letter of Authority.
- Credit Checks and Deposits
3.1 The Customer hereby authorises us to check their credit status by whatever means we reasonably require and as specifically set out in the Letter of Authority.
- The Services
4.1 5 Rings Energy shall source an appropriate energy Provider who will provide quotations and rates to provide energy to the Customer during the Term of this Agreement in return for payment by the Customer of the Rates to us and the Subscription Charge and any other sums agreed between the Customer and the Provider as payable for the supply of the energy.
4.2 5 Rings Energy shall provide a reasonable level of skill and care when an appropriate energy Provider to the Customer.
4.3 We will make the Services available to the Customer as soon as reasonably practicable after we have accepted their order and subject to any industry processes to which we are subject.
- Support for the Services
5.1 5 Rings Energy will use all reasonable endeavours to ensure that the Services are available subject to the terms of this Agreement. 5 Rings Energy does not warrant that the Services will be available at any particular time or continuously but we will use our reasonable endeavours to ensure this is the case.
5.2 5 Rings Energy shall use reasonable endeavours to answer any call to 0333 2200 555 within 5 rings provided that the call is received by 5 Rings Energy between 8.30 a.m. and 8.30 p.m. on a Working Day.
5.3 The Customer acknowledges that 5 Rings Energy has not contracted to provide any equipment (unless any equipment is referred to in the Order Form) or maintain any equipment under the terms of this Agreement and therefore that 5 Rings Energy shall not be responsible for the supply or maintenance of any equipment.
6.1 The Customer hereby authorises both us and any Provider to exchange any information required by us or the Provider relating to the Customer or the services provided to the Customer or to be provided by us to the Customer. Further the Customer hereby grants 5 Rings Energy authority to act on the Customer’s behalf as per the Letter of Authority.
- Rates, Charges, Taxes, Subscription Charges and Payments
7.1 Our Rates include normal processing and brokerage fees for the sourcing of energy Services. The Rates quoted are calculated to two decimal places and will be rounded up to the nearest penny unless otherwise agreed between 5 Rings Energy and the Customer. All rates are exclusive of VAT for which the Customer shall be additionally liable.
7.2 We reserve the right to modify our Rates and for such modification to take effect upon Publication. Such Publication may be by any reasonable means we deem appropriate including, but not limited to publication on our web site. Nothing in this Agreement shall oblige 5 Rings Energy to retain its Rates, or any other charges at any specific level for any specific period.
8.1 This Agreement shall be regarded as terminated once 5 Rings have provided the Services to the Customer
- Limitation of Liability
9.1 We cannot guarantee and do not warrant that the energy supply provided by the Provider will be free of interruptions or will be fault-free at all times and we will not be liable for any loss or damages should the provision of energy be interrupted from time to time.
9.2 We will not be liable to the Customer for the Provider failing to provide the Customer with the supply of energy in a timely, uninterrupted and error-free way except as expressly set out in this Agreement.
9.3 Nothing in this Agreement excludes or restricts our liability for death or personal injury resulting from our negligence in the provision of the Services nor seeks to exclude statutory rights which it is not possible by law to exclude.
9.4 Subject to clause 9.3 above, our liability in contract, tort or otherwise including any liability for negligence howsoever arising out of or in connection with the performance of our obligations under this Agreement is limited to the total charges paid by the Customer in the 12 calendar months preceding any claim.
9.5 We will not be liable to the Customer in contract, tort or otherwise (including negligence) for any loss of revenue, business, contracts, anticipated savings, or profits or any indirect or consequential losses whatsoever and howsoever arising.
9.6 5 Rings Energy shall not be liable for any charges by the Customer in respect of any alternative services being implemented as a consequence of temporary interruption to the supply of energy and this shall be a matter for the Customer to take up with the Provider.
9.7 Without prejudice to the generality of the above, we shall not be liable to the Customer for any losses suffered by the Customer as a result of any third party interference The Customer shall remain liable to pay the Rates in respect of the Services provided in any such circumstances.
- Liability for Matters Outside Our Control
10.1 We will not be obliged to perform any obligation under this Agreement where performance of such obligation is prevented due to any cause beyond our reasonable control. Further we shall have no liability to the Customer for any non-performance of the Services in such circumstances.
- Intellectual Property
11.1 All intellectual property rights or any rights of a like nature (“Intellectual Property”) shall remain the property of 5 Rings Energy and nothing in this Agreement is intended grant or otherwise imply the grant of any transfer, licence or right to use any 5 Rings Energy Intellectual Property in any manner whatsoever in the absence of express written agreement.
11.2 The Customer agrees that damages may not always be a suitable remedy and agrees that 5 Rings Energy shall be entitled to seek injunctive relief should a breach of this Clause 11 be proven.
12.1 Our address for any notices or complaints is Unit 14 Triangle Business Centre 95 Commerce Way, Lancing Business Park, Lancing, West Sussex, England, BN15 8UP or such other address as 5 Rings Energy notifies the Customer of in writing.
12.2 the Customer’s address for service of any notice under this Agreement shall be the address stated in the Order Form.
12.3 Unless stated otherwise in this Agreement, any notice shall be in writing and shall be sent by hand, first class prepaid post or Facsimile. For the avoidance of doubt we will not accept notice by email.
12.4 A notice sent by post will be deemed to be received by the receiving party 48 hours after it was sent by the sending party
12.5 A notice sent by facsimile transmission will be deemed to received by the receiving party
- in the case of notice sent prior to 4 p.m. on a Working Day, on the day the notice was sent; or
- in the case of a notice sent after 4 p.m. on a Working Day or otherwise than on a Working Day, on such date which is the following Working Day.
12.6 A notice delivered by hand will be deemed to have been received by the receiving party
- In the case of a notice delivered by hand prior to 4 p.m. on a Working Day, that day; or
- in the case of a notice delivered by hand after 4 p.m. on a Working Day or otherwise than on a Working Day, the following Working Day
13.1 Notwithstanding any other provision of this Agreement, we may vary the terms of this Agreement, including the Rates at any time. We will give the Customer at least two weeks’ notice of such change. Such notice may be by any reasonable means we deem appropriate including, but not limited to, publication on our web site at https://www.5ringsgroup.co.uk/. We will use our reasonable endeavours to ensure that any variation to the Agreement does not result in any deterioration in the Services.
13.2 The Customer is not entitled to assign or otherwise deal with any of their rights and obligations under this Agreement without the prior consent in writing of 5 Rings Energy. We shall be entitled to assign or transfer our rights and obligations under this Agreement or any part of it to any third party.
13.3 Failure by us to enforce any of our rights under this Agreement is not to be taken as or deemed to be a waiver of that right unless we acknowledge the waiver (if necessary) in writing.
13.4 Part or all of any clause of this Agreement that is held by a court of competent jurisdiction to be unenforceable or illegal will be severed from this Agreement and will not affect the enforceability of the remaining provisions of this Agreement.
13.5 In the event of any inconsistency, discrepancy or ambiguity between these terms and conditions, and any other documentation referred to herein, such inconsistency, discrepancy or ambiguity will be resolved by giving priority to these terms and conditions.
13.6 Any Clauses relating to use of information, equipment, end of use and limitation of liability will survive the termination of this Agreement as will any other clause which, by its context, is intended to survive the termination of this Agreement.
13.7 This Agreement is governed by the laws of England and Wales and the parties agree to that all disputes in connection with this Agreement will be governed by the exclusive jurisdiction of the courts of England and Wales.
13.8 These terms and conditions and any other documentation referred to or referenced herein constitutes the entire understanding between the parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently.
13.9 The Customer confirms that the Customer has not relied on any representation or warranty provided by or on behalf of 5 Rings Energy whether provided in writing or orally to the Customer prior to the Customer entering into this Agreement.
13.10 Nothing in this Agreement is intended to give any right to any third party and any rights which would have arisen as a result of the Contracts (Rights of Third Parties) Act 1999 is hereby expressly excluded.
13.11 Nothing in this Agreement is intended to create a relationship of agency between 5 Rings Energy and any Provider or between 5 Rings Energy and the Customer.