Business Savings Guru Limited: terms and conditions
In these terms and conditions Business Savings Guru Limited, company registered number 15832720, whose registered office is 20 Allandale Road, Leicester, LE2 2DA, is referred to as Business Savings Guru Limited.
The customer of Business Savings Guru Limited is referred to as the Customer.
Definitions
- "Agreement": the contractual relationship between Business Savings Guru Limited and the Customer as set out in these terms and conditions and the Letter of Authority.
- "Breach Fee": payment due from the Customer to Business Savings Guru Limited in the event of a Customer Breach.
- "Commencement Date": has the meaning given in clause 1.
- "Commission Payment": the payment Business Savings Guru Limited is entitled to receive from the Supplier as a result of the Customer entering into the Contract.
- "Confidential Information": such information as one party may provide to the other as part of or in relation to this Agreement.
- "Contract": the contract entered into by the Customer (or by Business Savings Guru Limited on the Customer's behalf) with the Supplier for the supply of energy and as part of the Services, and any extensions to this Agreement.
- "Customer Breach": any act or omission of the Customer that represents a breach of the terms of this Agreement by the Customer.
- "Customer Obligations": as set out in clause 2.
- "Data Protection Legislation": all relevant data protection and privacy legislation in force from time to time in England and Wales, a non-exhaustive list of which includes the UK General Data Protection Regulation (as defined in the Data Protection Act 2018), the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426), as amended.
- "Letter of Authority": such letters of authority as the Customer may sign from time to time.
- "Services": the services that Business Savings Guru Limited will provide to the Customer, which include presenting the Customer with details of a proposed supply contract or contracts from one (or a number) of Suppliers from Business Savings Guru Limited's portfolio of suppliers for the Customer to choose to accept, as set out in the Letter or Letters of Authority.
- "Supplier": the supplier that the Customer chooses to enter into a Contract with.
- "Working Day": Monday to Friday other than a public holiday in England.
1. Supply of Services
The Customer agrees that:
(i) the Letter or Letters of Authority constitute a request by the Customer to purchase Services in accordance with these conditions. This Agreement shall come into existence (the Commencement Date) when the Letter of Authority signed by the Customer is received by Business Savings Guru Limited;
(ii) in return for it requesting Business Savings Guru Limited to provide the Services, Business Savings Guru Limited shall do so and shall supply the Services to the Customer as per this Agreement; and
(iii) Business Savings Guru Limited is not a price comparison service. Although Business Savings Guru Limited works with many suppliers of energy, it does not have access to every such supplier.
Business Savings Guru Limited does not guarantee that it will arrange what a third party may claim is the cheapest supply available. Business Savings Guru Limited considers a number of factors when assessing which suppliers and which supply contracts are best suited to the Customer.
Business Savings Guru Limited will seek the option or options that in its opinion are best suited to the Customer, with the price of the supply being just one of the factors to consider.
2. Customer's obligations
The Customer agrees:
(i) to co-operate with Business Savings Guru Limited in all matters relating to the Services and not in any way through acts or omissions hinder, prevent or delay the provision of the Services;
(ii) to comply at all times promptly and completely with both this Agreement and any terms and conditions of the relevant Supplier relating to the Contract, including for the avoidance of doubt the obligation to make all payments promptly to the Supplier under the Contract;
(iii) to provide such information, data or documents as Business Savings Guru Limited may request from time to time;
(iv) to ensure that all information and documents provided to Business Savings Guru Limited are complete, up to date and accurate at all times;
(v) to provide such assistance as Business Savings Guru Limited may reasonably require from time to time in relation to the Services;
(vi) to immediately inform Business Savings Guru Limited in the event there is any change in the Customer's circumstances which may affect the provision of the Services and or impact the Contract or proposed Contract;
(vii) to comply with the provisions of the Bribery Act 2010 and any other applicable legislation;
(viii) not at any time, whether directly or indirectly, to instruct, direct, permit, cause or allow the Supplier to cease or withhold the payment of any Commission Payment to Business Savings Guru Limited; and
(ix) not at any time to have entered into or enter into any other contract (for any reason, including due to a change in tenancy or change in occupancy) for the supply of energy ("Other Contract") for the whole or part of the intended period of the Contract, whereby that Other Contract provides energy and/or the Services, whether in whole or in part, to be provided under the Contract.
3. Customer's breach of the Agreement: suspension and termination
The Customer's attention is drawn to this clause: the consequences of the Customer breaching this Agreement.
Without affecting any other right or remedy available to it, Business Savings Guru Limited may as it sees fit terminate or suspend the Agreement with immediate effect by giving written notice to the Customer if:
(i) the Customer commits a material breach of any term of the Agreement and (if such a breach is remediable) fails to remedy that breach to Business Savings Guru Limited's satisfaction within fourteen days of the Customer being notified in writing to do so;
(ii) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), is subject to a winding up process (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), has a receiver appointed to any of its assets or ceases to carry on business; or
(iii) the Customer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
In the event of such termination or suspension Business Savings Guru Limited is relieved of all its obligations under the Agreement.
Further, in the event of:
(i) termination (that may conclude suspension); or
(ii) any breach of a Customer Obligation for whatever reason,
the Customer will on receipt of demand pay to Business Savings Guru Limited the Breach Fee. The Breach Fee shall be a payment of whichever is higher of:
(i) the Commission Payment (or such balance of the Commission Payment yet to be paid to Business Savings Guru Limited) which Business Savings Guru Limited would have received from the Supplier but has not received or will not receive due to the Customer Breach; or
(ii) a fixed amount of £750 per meter.
The Customer agrees that the Breach Fee, whether fixed or Commission Payment based, represents the reimbursement of loss suffered by Business Savings Guru Limited resulting from the Customer Breach. It does not represent an unfair gain or windfall on the part of Business Savings Guru Limited that is in the nature of, or is capable of falling within the definition of, a penalty.
The Commission Payment for the purposes of this clause is calculated on the basis of the consumption as set out in the Contract or related documents.
The Breach Fee is due to be paid as per this clause irrespective of any date or dates the Supplier may have been due to make the Commission Payment to Business Savings Guru Limited.
4. Change of tenancy
The Customer's attention is drawn to this clause: the requirement to notify Business Savings Guru Limited of a change of tenancy (as defined) and the consequences of failing to do so.
Where a Customer enters into a Contract through Business Savings Guru Limited but permanently vacates the relevant premises, either before the supply of energy commences or during the period of supply under that Contract, the Contract will terminate. This is called a change of tenancy ("a COT").
A COT involves either (i) a party not connected to or associated with the Customer taking over the premises (a party is connected to the Customer if it falls within the definition set out in sections 1122 and 1123 of the Corporation Tax Act 2010) or (ii) the premises becoming vacant for a minimum period of three months following the Customer's departure.
Business Savings Guru Limited's fees are adjusted by a Supplier if a COT occurs. It is therefore important that Business Savings Guru Limited receives from the Customer, at least fourteen Working Days before the date of vacating the premises, written confirmation of the change together with evidence of the COT satisfactory to Business Savings Guru Limited. This may include (a non-exhaustive list by way of example only) a land sale contract or TR1, or an assignment or surrender of a lease certified by the Customer's solicitor.
The written notice from the Customer must include a letter from the Customer's solicitor confirming that the vacation of the premises is a COT as set out above, and provide sufficient detail to enable Business Savings Guru Limited to satisfy itself as to the nature of the COT.
Failure to notify Business Savings Guru Limited in this way in the event of a COT will incur a fee for the loss or reduction in the commission the Supplier pays to Business Savings Guru Limited. In those circumstances Business Savings Guru Limited reserves the right to charge the Customer a one-off fee of £750 per meter or the total value of the Commission Payment Business Savings Guru Limited would have received in relation to the Contract, whichever is the higher figure. In calculating that fee, Business Savings Guru Limited will apply a discount percentage to reflect Commission Payment that has actually been received (subject to a minimum failed Contract fee of £750 per meter).
5. Litigation costs
The Customer's attention is drawn to this clause: should the Customer and Business Savings Guru Limited become involved in court proceedings, the Customer shall reimburse Business Savings Guru Limited's legal costs and expenses.
In the event of the Customer and Business Savings Guru Limited becoming party to any court proceedings, for whatever reason and howsoever commenced or caused, the Customer shall reimburse Business Savings Guru Limited on demand on an indemnity basis for all legal costs and expenses incurred by Business Savings Guru Limited directly or indirectly in connection with those court proceedings.
6. Consequences of termination
Termination or expiry of the Agreement shall not affect:
(i) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry;
(ii) the liability of the Customer to Business Savings Guru Limited in the event of a Customer Breach; and
(iii) in any event, any liability of the Customer to make a payment to Business Savings Guru Limited under this Agreement.
7. Commission Payments to Business Savings Guru Limited
The Customer's attention is drawn to this clause: the commission payments that will be made to Business Savings Guru Limited.
At Business Savings Guru, we believe customers should understand how their energy broker is paid. Our commission is clearly disclosed on the energy contract you sign, so you know how BSG is remunerated before you commit.
The Customer agrees and acknowledges that the Commission Payment will be due to be made to Business Savings Guru Limited. The timing and amount of the Commission Payment varies from Supplier to Supplier. The Commission Payment is included within the price charged per unit of energy in the Contract. By way of example, if the Commission Payment for the supply of energy was 0.5p per unit, then the amount payable per unit under the Contract by the Customer would be (i) the base price of the unit plus (ii) 0.5p per unit.
Therefore a supply of 40,000 units per year over a two-year period would result in a total Commission Payment of £400 for that two-year supply.
Should the Customer at any time wish to be provided with more information about the Commission Payment, it should contact Business Savings Guru Limited.
8. Limitation of liability
The Customer's attention is drawn to this clause: limits to the liability of Business Savings Guru Limited to the Customer.
The Customer acknowledges and agrees that by entering into the Contract the Customer contracts directly with the Supplier, and not Business Savings Guru Limited, for the supply of energy. The Customer therefore further acknowledges that Business Savings Guru Limited incurs no liability arising from or in connection with the Customer's obligations and liabilities arising under the Contract.
The Agreement does not seek to avoid Business Savings Guru Limited's liability to the Customer where such liability arises from dishonesty on the part of Business Savings Guru Limited or death or personal injury on the part of the Customer.
Business Savings Guru Limited's total liability (including any principal, interest, costs and charges whatsoever and howsoever arising) to the Customer shall not in any event exceed the amount of the Commission Payment received by Business Savings Guru Limited.
The Customer acknowledges and agrees that Business Savings Guru Limited, its representatives, agents and employees shall incur no liability to the Customer by virtue of the Agreement or in relation to it, save where such liability is incapable of being excluded by law.
Subject to the above, Business Savings Guru Limited incurs no liability to the Customer that arises under or in connection with this Agreement in respect of:
(i) loss of profits;
(ii) loss of sales or business;
(iii) loss of agreements or contracts;
(iv) loss of anticipated savings;
(v) loss of or damage to goodwill; or
(vi) indirect or consequential loss.
Should the Customer assert liability on the part of Business Savings Guru Limited, then it must notify Business Savings Guru Limited in writing to that effect:
- within six calendar months of the first event said to give rise to such liability coming to the attention of the Customer, its agents or representatives; or
- within six calendar months of the first event said to give rise to such liability which ought reasonably to have come to the attention of the Customer.
The notice must be in writing, must identify the event and the grounds for the claim in reasonable detail, and must provide copies of all relevant documents and information.
In the absence of such timely notification, Business Savings Guru Limited shall have no liability to the Customer.
Business Savings Guru Limited makes no express warranties and specifically disclaims any implied warranties with respect to the performance of the Services, to the extent permissible by law.
This clause survives termination of the Agreement.
9. Data protection
Business Savings Guru Limited does not anticipate receiving any personal data (as defined in the Data Protection Legislation from time to time) from the Customer other than contact details of the relevant personnel who are responsible for dealing with the Agreement, and any personal data contained in the bills, information and documents the Customer provides for the purpose of the Services.
The Customer agrees that Business Savings Guru Limited may share such contact details with the Supplier, its agents and representatives.
Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation. Our privacy policy explains how Business Savings Guru Limited uses personal data.
10. Confidentiality
Neither party shall disclose to any third party any Confidential Information in respect of the other at any time acquired in connection with the Agreement, and no reference is to be made to this Agreement by either party in any advertising, publicity or promotional material without the prior written consent of the other party.
11. Notices
Any notice given to a party under or in connection with the Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next Working Day delivery service at its registered office (if a company) or its principal place of business (in any other case), or by email (to such email address as the parties notify each other from time to time).
Any notice shall be deemed to have been received:
(i) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
(ii) if sent by pre-paid first-class post or other next Working Day delivery service, at 9.00am on the second Working Day after posting or at the time recorded by the delivery service; or
(iii) if sent by email, on the Working Day after the email was sent.
12. Dispute resolution
The parties will each use their reasonable efforts to negotiate in good faith and settle any major or material dispute that may arise out of or relate to the Agreement. The dispute shall be referred to representatives (internal or external) nominated by the parties, who will communicate in good faith in order to try to resolve the dispute.
If the parties fail to reach agreement in the structured negotiations within twenty-one days, either party may then refer any dispute to litigation.
This clause does not affect any right the Customer may have to refer a complaint to the Energy Ombudsman, as explained in our complaints policy.
13. General matters
- The Customer agrees that any payment it is due to make to Business Savings Guru Limited under the Agreement or otherwise shall be paid within seven days of receiving demand for the same, and that it enjoys no right of set-off, defence, counterclaim or other reason to withhold or delay payment.
- VAT is due to be paid on any amount owed by the Customer to Business Savings Guru Limited.
- If any term or provision of the Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions shall continue in full force and effect as if the Agreement had been agreed with the invalid, illegal or unenforceable provisions eliminated.
- The Agreement constitutes the entire agreement between the parties and supersedes any previous agreement or understanding. The Agreement may not be varied except in writing between the parties.
- No failure or delay by either party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
- The parties acknowledge and agree that the Agreement shall not establish or constitute any relationship of partnership, joint venture, franchise or agency between the parties and, except as otherwise expressly provided or agreed, neither party shall have the power to bind the other without the other's prior written consent.
- The Customer agrees not to assign, mortgage, charge, transfer, subcontract, delegate, declare a trust over or deal otherwise with any of its rights and obligations under this Agreement.
- The Customer grants Business Savings Guru Limited a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials and information provided by the Customer to a Supplier in relation to a potential Contract.
- Business Savings Guru Limited will use its reasonable endeavours to deliver the Services in a timely manner, but time shall not be of the essence for performance of the Services.
- The Customer agrees that Business Savings Guru Limited does not incur any liability for delay in performing, or failure to perform, any of its obligations under this Agreement where such delay or failure results, wholly or partly, from events, circumstances or causes beyond Business Savings Guru Limited's reasonable control.
- Unless it expressly states otherwise, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
- This Agreement shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Last updated: November 2026
