City-energy

1	Interpretation
1.1	In these terms and conditions (these “terms”) the following expressions shall be given the following meanings (unless the context otherwise requires). The headings in these terms and conditions are for convenience only and shall not affect their interpretation:-
	“client”	Means the company or an individual, being the company or individual stated in the order confirmation.
	“consultants”	Means employees, energy assessors, independent consultants and/or associates engaged by city energy group for the performance of services.
	“contract”	Means the contract for the provision of the service.
	“Instruction ”	Means the order received for the provision of the energy assessment.
	“charges”	Means the charges for the services on the order confirmation payable by the client in accordance with the provisions of clause 5 hereof.
	“employees”	Means a city energy group employee, agents and substitutes where appropriate.
	“City Energy”	Means city energy group limited (registered in England & Wales: registration no. 6328314).
	“order confirmation”	Means the order confirmation sent by City Energy to the client by e-mail following acceptance of the client’s order containing various details relating to the client and the services.
	"dwelling”	Means any property stated in the order at which the services are to be performed (whether in whole or in part).
	“services”	Means the services details of which are set out on the website and on order confirmation.
	“website”	Means www.cityenergy.net
	“writing”	Includes email, facsimile transmission and other comparable means of communication.
2	Conditions of Sale
2.1	These terms shall govern the sale and purchase of the services between City Energy and the client. Any changes or addition to these terms or those details must be agreed in writing between the client and City Energy.
2.2	The instruction placed by the client is an offer to purchase the services from City Energy. The services will be made available to the client once the client’s payment has been authorised. There will be no contract of any kind between the client and City Energy unless and until the client makes or agrees to make authorised payment for the services. At any point up until then, City Energy may decline to supply the services to the client without giving any reason, unless the instruction received falls outside the scope of the energy assessor.
2.3	The instruction is subject to the client’s right of cancellation (see clause 3 below).
2.4	City Energy may change these terms and conditions without notice to the client in relation to the provision of future services.
3	Right of cancellation
3.1	Subject always to the following provisions of this clause 3, the client has the right to cancel the instruction at any time prior to the date of assessment. Any instructions cancelled on the day of the service will be subject to a full charge.
3.2	The client does not have the right to cancel the instruction if the supply of the services begins with the client’s agreement. A full payment will be charged if any instruction is cancelled.
3.3	To exercise the right of cancellation, the client must give written notice to City Energy by hand, telephone, post, fax or e-mail at the City Energy address, phone & fax numbers, e-mail address shown on the website and order confirmation.
3.4	Once the client has notified City Energy that the client is canceling the instruction, provided that clause 3.2 does not apply, City Energy shall within 30 days refund or re-credit to the client any sum that has been paid by the client or debited from the client’s credit card for the services.
4	Supply of the services
4.1	Details of the services are set out on the website and order confirmation.
4.2	City Energy subscribe to the code of conduct and National Occupational Standards as required as part of their accreditation and ensure to follow procedures set out in the guidelines for energy assessments. .
4.3	City Energy will at all times work professionally and ethically to ensure privacy of information is maintained
4.4	City Energy will at all times notify the Client, prior to undertaking a survey, if there is a potential conflict of interest arising out of the instruction.
4.5	City Energy hold Professional Indemnity and Public Liability Insurance as per the requirements laid down for Energy Assessors.City Energy also hold insurance for HIPs.
4.6	It is the client’s responsibility to provide City Energy, in sufficient time, with any information and instructions relating to the services that is or are necessary to enable City Energy to provide the services in accordance with the contract including but without limitation, the client shall make available to City Energy and/or the consultants and/or the employees all facilities within sufficient time to enable City Energy to provide the services in accordance with these terms.
4.7	If the client fails to do so, or provides City Energy with incomplete, incorrect or inaccurate information or instructions, City Energy reserves the right to cancel the contract by giving written notice to the client or make an additional charge of a reasonable sum to cover any extra work that is required.
4.8	If the services requested by the client are not available for any reason beyond City Energy reasonable control, City Energy will promptly notify the client in writing or by e-mail and endeavour to provide an alternative service which is reasonably acceptable to the client, but if it is not able to do so City Energy shall be entitled to cancel the order or (if the order has been accepted by City Energy), cancel the contract, in which case City Energy will promptly notify the client in writing or by e-mail and refund or re-credit to the client any sum that has been paid by the client or debited from the client’s credit card for the services.
4.9	The services are supplied for energy assessment, home information packs or as stated in order confirmation.
4.10	The client acknowledges and agrees that City Energy shall be entitled to:-
	4.10.1	Use the services of the employees and/or the consultants in the performance of the services; and
	4.10.2	Make any changes to the services (at any time without notifying the client) which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the services;
	4.10.3	Exercise control as to the method of the performance of the services; and
	4.10.4	Use such facilities as City Energy and/or the consultants deem necessary to carry out the performance of the services.
5	Charges
5.1	The charges for the services will be agreed prior to the use of service and are inclusive of any applicable value added tax (vat).
5.2	The full sum is payable by the client at the time of placing the order. If the payment is not made within the required time, City Energy reserves the right to cancel the order. If the client cancels the contract otherwise than as permitted under clause 6, City Energy shall be entitled to forfeit any sums paid by the client. The client’s credit/debit card details will be encrypted to minimize the possibility of unauthorized access or disclosure. Authority for payment must be given at the time of placing the order.
5.3	Payment of the charges can be made by cheque or bank transfer in the name of city energy group, at the time the client places the order for the services.
5.4	If payment is not made on the due date, City Energy shall without prejudice to any other right or remedy available to it, be entitled to charge interest on the unpaid balance of the charges at 2% per month.
6	Termination
6.1	The contract will commence on the date specified on the order confirmation and subject to clause 4.4 the services shall be performed on the date specified on the order confirmation subject to payment of City Energy standard charges at the time, as notified in writing to the client.
6.2	Either party may, without limiting any other right, terminate the contract by giving written notice to the other party if (i) the other party breaches any provision of this agreement and fails to remedy the breach within 7 days after receipt of a notice giving details of the breach and requiring it to be remedied; or (ii) the other party becomes bankrupt, goes into liquidation or administration, makes any arrangement or composition with his or its creditors, or a receiver or administrative receiver is appointed over any of the assets of the other party.
6.3	A delay by either party in acting on a breach of this agreement will not be regarded as a waiver of the breach. If either party waives a breach of the contract by the other, the waiver is limited to the particular breach.
6.4	Termination of the contract will not affect either party’s outstanding rights or duties, including City Energy right to recover any money owing to it under these terms.
7	Warranty and liability
7.1	City Energy warrants to the client that the services will be provided using reasonable care and skills and as per the guidelines set out in energy assessor code of practice, unless City Energy is prevented by circumstances beyond its reasonable control.
7.2	City Energy shall have no liability to the client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by and/or on behalf of the client who is or are incomplete, incorrect or inaccurate.
7.3	City Energy shall not be liable to the client for any unforeseeable loss or damages arising from the provision (or non-provision) of the services, including loss of profit or consequential loss or damage.
7.4	City Energy shall not be liable to the client by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the services, if the delay or failure was due to an act of nature, war, terrorism, power failure, or any other cause beyond City Energy’s reasonable control.
7.5	To enable City Energy to deal with any complaint that may arise relating to the services, the client must provide full details of any complaint within 7 days of the supply of the relevant services.
7.6	Nothing in these terms affects any liability for death or personal injury caused by City Energy negligence or for fraudulent misrepresentation, or the client’s statutory rights.
8	Data protection
8.1	City Energy will only use any personal information provided by the client for the purpose of providing the services, or for informing the client of the availability of similar services, unless the client agrees otherwise.
8.2	The client can correct any information, or ask for information about the client to be deleted, by giving written notice to City Energy at the address, fax number or email address shown on the order confirmation.
9	Copyright etc.
9.1	The copyright, design right and all other intellectual property rights in any materials and other documents or items prepared or produced for the client by or on behalf of City Energy in connection with the contract shall belong to City Energy absolutely and any such materials, documents or items shall be or remain the sole property of City Energy.
9.2	The client shall be entitled to use any such materials, documents or other items as are referred to in clause 9.1 in connection with the services but shall not be entitled to copy any such items or use them for any commercial purpose.
10	General
10.1	The company may assign or sub-contract the contract if this is necessary for operational reasons or in connection with a business transfer or reorganization. Otherwise, the contract is not transferable by either party.
10.2	Nothing in the contract gives any right to any third party to enforce any provision under the contracts (rights of third parties) act 1999 or otherwise.
10.3	City Energy will at all times ensure Safety and Security are maintained for themselves and others.
10.4	These terms and the contract will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
	ENERGY DRAW Terms and Conditions: 1. Entrants to this draw are bound by the entry instructions and these terms and conditions. 2. This draw is open to UK & NI residents aged 18 and over, with the exception of employees of City Energy Group Limited, their immediate families, agents and anyone else professionally associated with this promotion. 3. There will be ONE “Energy” Draw winner per month. Each winner is entitled to an upgrade to their existing boiler including energy performance survey and certificate and boiler benchmark certificate upon successful completion of the commissioning. 4. The draw for the “Winner” will take place on 28/05/10. The winner will be chosen independently and at random from all valid & correct entries received from 26/04/10 until 28/05/10. The judge’s decision is final and no correspondence will be entered in to. The winner will be notified free of charge. 5. All valid entries will be entered into a free draw every month until the closing date of 30/07/10. All winners will be chosen independently and at random from all valid & correct entries received each month. 6. The monthly winner will be drawn and communicated every Monday throughout the promotion. Winners will be contacted by telephone and by entering the draw; City Energy automatically reserves the right to contact winners on their mobile number. 7. Winners will be contacted free of charge. 8. The prizes are as stated and no full cash or other alternatives are available. The prizes can only be awarded to persons, other than the winners, with the written permission of the promoter. The promoter reserves the right to substitute the draw prize for another prize if it is necessary to do so. 9. Entries will only be accepted by Text. Text the word “ENERGY” followed by your name to: 82727 from the UK & NI. All entries must be complete to validate the entry. No responsibility will be accepted for entries which are incomplete, incorrectly completed or not received for whatever reason. Winners will receive a reply within two working days of each draw with details of how to claim your reward. No responsibility will be accepted by the promoter for any technical or other error that may arise with any entry. 10. No purchase is necessary to enter and text entries cost £1.00 from the UK, plus your standard Network Rate. Number of entries per entrant is unlimited. 11. Closing date for all entries: 30/07/10 midnight. 12. By entering the prize draw, winners agree to participate in any reasonable publicity required. 13. Name, address and town of all winners will be available from www.cityenergy.net or to anyone sending a stamped address envelope to “RESULTS, Energy Efficiency, Marketing Department, City Energy Group Limited. 14. Consumer data will not be used to send entrants ongoing news and offers. 15. By entering this promotion all entrants will be deemed to have accepted to receive one text message following their text entry. 16. City Energy Group Limited may withdraw this draw where necessary if circumstances arise that are beyond its control. 17. Winners will be randomly selected from text entrants.