TERMS AND CONDITIONS
INTRODUCTION

These Terms and Conditions of business govern the services we provide you. They are particularly important, so we recommend that you read them carefully. They explain what you can expect from us and what we expect from you. We hope that they are self-explanatory; however, if there is anything in the Terms and Conditions that you do not understand, please contact us.

1. DEFINITIONS

In our Terms and Conditions, unless the context otherwise requires, the terms listed below will have the following meanings:

Acceptable Use Policy – also referred to as Improper Use under the Terms and Conditions.

Agreement – reference to the agreed contract or sales order for provision of Services.

Bandwidth – the allocated transmission capacity, measured in bits per second, as specified in the relevant Agreement.

Billing Period – typically referred to as the period covered under a monthly service charge.

Business Hours – defined as Monday to Friday, 9.00 am to 5:00 pm excluding Bank Holidays.

Contract – the contract for the provision of Services between Energy Global Ltd and you, the Customer incorporating these Conditions.

Company – refers to Energy Global Ltd, also referred to within the Conditions as ‘we’ or ‘us’.

Customer – means the person or Company receiving the Services as named on the Sales Order Form or quotation. Also referred to as ‘you’ within the Conditions.

Equipment – refers to the equipment and hardware together with any software provided by Energy Global Ltd, its agents, or contractors, provided to enable the Customer to receive the Services.

Fees – refers to charges made for initial connection to the Service and for continued access.

Force Majeure – means any event outside the reasonable control of either party affecting its ability to perform any of its obligations (other than payment) under the Agreement including Act of God, fire, flood, lightning, volcano, earthquake or other natural disaster; war, revolution, act of terrorism, riot or civil commotion; strikes, lock-outs or other industrial action, whether of the affected party’s own employees or others; failure of supplies of power, fuel, transport, equipment, raw materials or other goods or services; failure of telephone networks; non-performance of suppliers or subcontractors; compliance with any law or governmental order, rule, regulation or direction or any similar event.

Service – refers to the service or services, which you have chosen to select or purchase at the time of sign-up.

Service Level Agreement (SLA) – the Service Level Agreement is the target or contractually agreed service level applicable to the Services being supplied.

Site – means the site/location at which the Customer will receive Services.

Energy Global Ltd – registered Company Energy Global Ltd, Company No: 16696933, trading as Energy Global Ltd. Also referred to as ‘we’ or ‘us’ within the Conditions.

Term – the minimum contracted period for the supply of Services. Also referred to as Minimum Contract Term.

2. ORDERS

2.1 – By issuing a purchase order, sending an email, asking us directly or over the telephone you have been deemed to have accepted and will abide by all related policies and terms and conditions. You will also need to review the Terms and Conditions area of our website at www.energyglobal.com
regularly for any amended versions.

2.2 – When we have processed your order, and received any fees that are due from you, we will provide you with the relevant service. The right to use the Service is personal to you, and you must advise us if you suspect that someone is using your account or has knowledge about your personal details.

2.3 – Orders are subject to acceptance by Energy Global Ltd.

2.4 – Any products supplied by Energy Global Ltd remain property of Energy Global Ltd till full payment has been made. We reserve the right to issue a 1-week notice to collect any goods that have overdue payments.

2.5 – Items purchased come with the standard manufacturer’s warranty, valid from purchase date, unless otherwise stated.

2.6 - Restocking fee - Where applicable you may incur a restocking fee dependant on agreed start dates. If a job is completed and part payment is made you may lose your deposit, and a investigation will be done to determine the outcome of remaining balance.

2.7 - If your order includes installation, you agree that we may begin work before the end of the 14-day cancellation period. By giving this consent, you acknowledge that you will lose your right to cancel once the installation is complete.

3. SUPPLY

3.1 – For us to be able to provide the Service that you have selected, you must have the necessary computer equipment. This may include owning a router, telephone line and computer. You are also required to have suitable access to the Internet, such as is made available by an appropriate Internet Service Provider or ourselves.

3.2 – If your equipment is not compatible, then Energy Global Ltd will not be responsible for any impact on service. The fees that we charge for the Service do not include providing you with any equipment or telephone lines unless specifically included as part of the Contract Agreement for the Service.

3.3 – It is your responsibility to ensure you have the necessary means to access the Service, and that it is the right Service for you. We have no obligation to advise you of new services or upgrades.

3.4 – Energy Global Ltd will not be held responsible for any additional costs incurred by the customer for accessing the Service, howsoever occasioned.

4. ACCEPTABLE USE POLICY

4.1 – Our network and/or service may only be used for lawful purposes. The Service has a finite capacity, and we reserve the right to terminate any use of the Service, which we consider profligate, or to the detriment of our other users. The law relating to Internet use is under continuous development. You agree that you will not use the service for transmission of any material as defined in this section.

4.1.1 – It is up to you to check whether you might be infringing any law or regulation, and if in doubt you should take legal advice.

4.2 – For this purpose, it will be irrelevant whether you are aware of the content of the material transmitted.

4.3 – Alternatively, we may suspend the service without notice, if in our reasonable opinion you are in breach of this clause.

4.3.1 – Please remember that material unlikely to cause offence in the United Kingdom may cause offence in other countries, and the Service does give you access to computer networks worldwide. With respect to the service, we reserve the right to suspend its use after abuse or continuous non-adherence to British laws and policies of Internet use.

4.4 – You agree not to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, and menacing or promotion of inequality, or any objectionable material of any kind, which could cause distress or is perceived to distress any user who is subscribed to Energy Global Ltd.

4.5 – You will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, defamation, copyright, trademark, software licences and any rules that are applied to you as a user when visiting a third party website for which you are solely responsible and agree to indemnify Energy Global Ltd from any claims that may arise due to your competence whether intentional or not.

4.6 – Energy Global Ltd will fully cooperate with all applicable law enforcement authorities in investigating suspected lawbreakers and reserve the right to report to such authorities any suspect activity of which it becomes aware.

4.7 – Energy Global Ltd reserves the right to access and disclose any information data, graphics, video, sound, files and other content created by, provided by, or accessed by you in order to comply with applicable laws and lawful government requests, to operate its business properly, and to protect itself and its users.

4.7.1 – This may also include disclosing users’ licensees’ names, which have been nominated by you. 
. Energy Global Ltd reserves the right in its sole discretion, but will not be obligated, to remove any content from its system.

4.8 – Your account will be classed as a business account and therefore prohibits the use for any other reason than Business. Improper use of the account(s) will be monitored and action taken dependent on the abuse. By using the account, you are agreeing to abide by this restriction and understand that we will monitor your use of the account.

4.9 – We reserve the right to suspend any account suspected of such infringement whether direct or indirectly caused, pending investigation. If the investigation subsequently shows the account to be in breach of the Acceptable User Policies and/or Terms and Conditions of Service, we reserve the right to deactivate said account and recover costs that may have been incurred because of the breach.

5. PASSWORDS & SECURITY

5.1 – Where the Service requires, we will provide you (the customer) with a user identification, password and login. These must be kept secret.

5.2 – You must notify us immediately if you think that anyone else knows your User Identification, password and/or login. In the event of any suspected security breach, we reserve the right to change your password. If that happens, we will notify you of this as soon as we operationally can, normally by an automated email.

5.3 – Please remember that, when using the Service and sending data to other people, your communication link may not be secure. It could be unsafe to submit your credit card or debit card details, or other personal information, over the Internet.

6. MAINTENANCE/SUPPORT

6.1 – We will provide ongoing maintenance in respect of the Service supplied to you.

6.2 – Routine maintenance is carried out during off-peak hours to reduce the impact on your service.

6.3 – You may experience some downtime during these periods, and you acknowledge that this is a necessary aspect of maintaining a stable and secure network.

6.4 – We will attempt to give prior notification where possible of such routine maintenance, via email or notification on our website.

6.5 – Our support services are available during Business Hours. Any issues arising outside of these times may not be addressed until the next working day.

6.6 – Energy Global Ltd offers various levels of support which will be detailed in your Service Level Agreement or Contract.

7. CHARGES AND PAYMENT

7.1 – Charges for the Service will be set out in the Agreement or Sales Order. All charges are exclusive of VAT, which will be added to invoices where applicable.

7.2 – You agree to pay all fees and charges as set out in the Agreement.

7.3 - 14 day cooling-off period. Unless job is installed and customer is satisfied when engineer leaves property.

7.4 – Failure to pay invoices by the due date may result in suspension or termination of your Service.

7.5 – We reserve the right to recover any reasonable costs incurred in the collection of overdue debts.

8. TERMINATION

8.1 – You may terminate the Agreement by giving the Company written notice in accordance with the terms agreed in the Contract.

8.2 – We may terminate the Agreement immediately if you breach any material term of the Agreement or the Terms and Conditions.

8.3 – On termination, you will pay any outstanding charges and return any equipment provided by Energy Global Ltd.

8.4 – Early termination fees may apply as specified in your Agreement.

9. LIMITATION OF LIABILITY

9.1 – To the maximum extent permitted by law, Energy Global Ltd excludes all liability for any loss or damage arising from your use or inability to use the Service, including but not limited to indirect or consequential loss.

9.2 – We do not guarantee continuous or error-free Service.

9.3 – Our total liability under or in connection with these Terms shall not exceed the charges paid by you for the Service during the six months prior to the claim.

10. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including acts of God, government restrictions, wars, natural disasters, strikes, or any other event of Force Majeure as defined.

11. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and any disputes arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.