terms and conditions

Terms & Conditions

The following are the terms and conditions of use of the Switchit4u.biz website and call centre. Please read these terms and conditions carefully before you use the Switchit4u.biz website or call centre.

By using the Switchit4u.biz website or call centre you indicate that you accept these terms and conditions. If you do not accept these terms and conditions you must not use the Switchit4u.biz website or call centre.

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Data Verification
Switchit4u.biz needs to validate key data to help provide you with a competitive quote. This includes checking your annual estimated consumption, checking the meter numbers are correct and checking the supply address is correct. We use a resource called ECOES to perform these checks. We only use this to ensure we provide you with the most accurate quote we can.

By agreeing to our terms and conditions you authorise us to use this resource, if necessary, to confirm any of the information above and any additional information needed to provide you with a quote or to ensure the contracts from quotes provided are validated correctly. This will assist in the transfer process to your new supplier.

 

1. Parties

  1. This Agreement is made between you the customer (“Customer”) and Switchit4u Limited, Company No 05921221 registered in the UK having its registered office at Suite 29 Dane St Manchester OL126XB (“Switchit4u.biz”);
  2. In this Agreement, unless the context otherwise requires:

“Internet”

means the global data network comprising interconnected networks using the TCP/IP (“Transmission Control Protocol/Internet Protocol”);

“Law”

means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which Switchit4u.com or the Customer is from time to time subject;

“Save-a-Search”

means the service that the Customer may register to receive on the Switchit4u.biz website, which is designed to enable the Customer to, amongst other things, save the searches that the Customer conducts through the site;

“Service

means the service provided by Switchit4u.biz via the Switchit4u.biz website or call centre whereby the Customer may obtain impartial information on the Suppliers and the services and products they offer and, potentially transact with the Suppliers for the provision of those services and/or products;

“Software”

means any proprietary software utilised by Switchit4u.biz to enable the Customer to use the Service;

“Supplier”

means any supplier of services, products and/or goods selected by Switchit4u.biz from time to time and who is listed on the Switchit4u.biz website.

  1. Switchit4u.biz reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted on-line. The Customer may terminate the Agreement by written notice to Switchit4u.biz if the Customer does not wish to be bound by such new terms and conditions. Continued use of the Service or the Switchit4u.biz website will be deemed to constitute acceptance of the new terms and conditions.

2. Provision of the Service

  1. Use of the Services, the Switchit4u.biz website and the Switchit4u.biz call centre are subject to the terms and conditions set out in this Agreement.
  2. The Service is made available to Customers solely to communicate information and to permit the Customer to obtain quotations from Suppliers or transact with Suppliers. Switchit4u.com will not be party to any such transactions with Suppliers and all such transactions are subject to the terms and conditions of the relevant Supplier and Switchit4u.biz shall in no circumstances have any liability whatsoever in respect of any such transaction. Switchit4u.biz will not be responsible for any loss, cost or damage incurred by Customers arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products or goods).
  3. The Customer acknowledges that where relevant Switchit4u.biz may pass his or her details to Suppliers or potential suppliers for the purpose of attracting offers to supply services from such Suppliers or potential suppliers. Switchit4u.biz will obtain the Customers consent prior to sending such details to Suppliers or potential suppliers.
  4. Switchit4u.biz does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services on or accessed via the Switchit4u.biz website, the Switchit4u.biz call centre or otherwise sent to the Customer and the Customer agrees that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Supplier's information, goods or services shall rest with the Supplier.
  5. Switchit4u.biz will use all reasonable endeavours to ensure that the information relating to Suppliers' services and the cost of such services is updated regularly. However, the Customer acknowledges that the prices are not updated every day and that it is the Customer's responsibility to verify prices with the Supplier.
  6. Switchit4u.biz does not guarantee to provide the Service free of faults. In the event of a fault in the Service, the Customer should report it by telephone on the support number provided to the Customer.
  7. Switchit4u.biz does not warrant that the Customer's use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all. Switchit4u.biz reserves the right to make the Service unavailable at any time, or to restrict access to parts or all of it without notice.
  8. Switchit4u.biz may at any time withdraw any Supplier (or any product or service of a Supplier) from the Service.
  9. Without limitation, the Customer undertakes not to use or permit anyone else to use the Services or Switchit4u.biz website:
    1. to send or receive any material which is grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
    2. to cause annoyance, inconvenience or needless anxiety;
    3. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
    4. other than in conformance with accepted Internet practices and practices of any connected networks; or
    5. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
  10. If the Customer uses (or anyone other than the Customer, with Customer's permission uses) the Service in contravention of this Agreement, Switchit4u.biz may suspend the Customer's use of the Services.
  11. If Switchit4u.biz suspends the Services, it may refuse to restore the Services until it receives an assurance from the Customer, in a form deemed acceptable by Switchit4u.biz that there will be no further breach of the provisions of this Agreement.
  12. Switchit4u.biz reserves the right to block access to and/or to edit or remove any material which in its reasonable opinion may give rise to a breach of Clause 2.
  13. The Customer grants Switchit4u.biz a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any material transmitted by the Customer via the Services, save where such message is transmitted by way of private correspondence.
  14. Title, ownership rights and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner or Supplier and may be protected by applicable copyright or other law. The Agreement gives the Customer no rights to such content.
  15. The following uses of the Services are expressly prohibited:
    1. Resale of the Services and/or the Supplier's services, products and/or goods without the prior written consent of Switchit4u.biz or the relevant Supplier;
    2. Furnishing false data including but not limited to false names, addresses and contact details and fraudulent use of credit/debit card numbers;
    3. Attempting to circumvent Switchit4u.biz's security or network (“cracking”) including, but not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks (such as running a SATAN scan or similar tool);
    4. Executing any form of network monitoring which will intercept data not intended for the Customer;
    5. Sending unsolicited mail messages, including the sending of “junk mail”; or other advertising material to individuals who did not specifically request such material. The Customer is explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail of this nature, the Customer may not send that person any further e-mail;
    6. Creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
    7. Malicious e-mail, including, but not limited to, “mail-bombing” (flooding a user or site with very large or numerous pieces of e-mails); and
    8. Entering into fraudulent transactions with Suppliers (which shall be include but not be limited to entering into transactions purportedly on behalf of a third party where the Customer has no authority to bind that third party or the Customer pretending to be a third party);
    9. Unauthorised use, or forging, or mail header information.

3. Payment

  1. Use of the Switchit4u.biz website is currently free. However, Switchit4u.biz reserves the right to charge the Customer for certain services or impose charges for use of services that were free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied.
  2. The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier and Switchit4u.biz shall have no responsibility for transmission of payments to a Supplier.
  3. Certain Suppliers will require details of the Customer's credit or debit card and the Customer hereby agrees to provide such details to Switchit4u.biz where necessary and to the forwarding of such details by Switchit4u.biz to the relevant Supplier.

4. Customer's obligations

  1. Switchit4u.biz will inform the Customer of any applicable terms and conditions imposed by a Supplier, in relation to the supply of its services, products and/or goods and the Customer agrees to abide by those terms and conditions.
  2. The Customer acknowledges that the Customer will be required to fully and accurately complete a registration process, which will include the creation of a password, in order to have access to Save-a-Search.
  3. The Customer warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform Switchit4u.biz of any changes to such information.
  4. Any password allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer and the Customer shall immediately notify switchit4u.biz if any authorised third party becomes aware of that password. The Customer agrees that any person to whom its user name or password is disclosed is authorised to act as the Customer's agent for the purposes of transacting via the Service. The Customer shall take reasonable steps to prevent unauthorised access to its account via any computer the Customer uses to access its account.

5. Intellectual property rights

  1. All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Switchit4u.biz website, information and content on the Switchit4u.biz website, any database operated by Switchit4ubiz and Software shall remain the property of Switchit4u.bizand the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.
  2. No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions.
  3. Switchit4u.biz, Switchit4u, Switchit4u.com, Switchit4u.co.uk and the Switchit4u logo are registered trade marks of Switchit4u.Limited. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of Switchit4u.biz.
  4. Switchit4u.biz grants the Customer a non-exclusive non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.

6. Termination

  1. Switchit4u.biz shall be entitled to suspend the Services and/or terminate this Agreement if:
    1. the Customer commits a breach of Clauses 2.9, 2.10, 2.11 and 2.15 which in Switchit4u.biz's reasonable opinion is serious enough to merit immediate termination; or
    2. the Customer commits any breach of these terms and in the case of a breach which is capable of remedy, fails to remedy the same within 7 days after receipt of a notice giving particulars of the breach requiring it to be remedied; or
    3. Switchit4u.biz suspects on reasonable grounds that the Customer may have committed or be committing any fraud against Switchit4u.biz or any Supplier.
  2. The right to terminate this Agreement shall not prejudice any other right or remedy of Switchit4u.biz in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

7. Customer Breach

  1. The Customer shall compensate Switchit4u.biz in full for each loss, liability or cost incurred by Switchit4u.biz arising out of:
    1. any claims or legal proceedings arising from the Customer's use of the Services or use of the Services through the Customer's password which are brought or threatened against Switchit4u.biz by any other person; or
    2. any breach of this Agreement by the Customer.

8. Limitation of Liability

  1. Nothing in these terms and conditions shall affect Switchit4u.biz's liability in respect of:
    1. death or personal injury arising from its own negligence or that of its employees, agents or contractors while acting in the course of their employment by Switchit4u.biz; or
    2. any liability of Switchit4u.biz which cannot by Law be excluded or restricted.
  2. In performing any obligation under this Agreement, Switchit4u.biz's only duty is to exercise reasonable care and skill.
  3. Switchit4u.biz does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services and Switchit4u.biz excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
  4. Except as provided in section 8.1 above, Switchit4u.biz shall not be liable in contract, tort (including liability for negligence), or otherwise for any loss or damages suffered as a result of any use of the Services, including but not limited to direct, indirect or consequential loss or damage and loss of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data.

9. Data Protection

  1. Switchit4u.biz shall comply with all applicable data protection laws in the UK. For a description of how Switchit4u.biz uses personal data the Customer should refer to Switchit4u.biz’s privacy policy. Switchit4u.biz  is registered with the Information Commissioner's Office under the Data Protection Act 1998. Our registration number is Z9613289. Further information on our actual registration is obtainable from the Information Commissioner's Office..

10. No Partnership / Agency

  1. Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and Switchit4u.biz and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

11. Assignment

  1. The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. Switchit4u.biz shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.

12. Force majeure

  1. Switchit4u.biz shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

13. Entire Agreement and No Waiver

  1. This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.
  2. No waiver by Switchit4u.biz of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by Switchit4u.biz to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.

14. Notices

  1. Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than for the purpose of legal process) sent by fax or pre-paid post to the Customer at the address supplied to Switchit4u.biz or to Switchit4u.biz at its address as specified on the Switchit4u.biz website.

15. Governing Law

  1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.