DIVINE TECH LTD
Legal

Terms and Conditions

The agreement that governs how DIVINE TECH AND SOLUTIONS LTD works for you. Please read it carefully before signing your Letter of Authority.

For the avoidance of doubt

DIVINE TECH AND SOLUTIONS LTD (referred to as "we", "us" or "the Company") acts purely as an intermediary. We are not a supplier and we do not provide the energy, water, telecoms or payment services you switch to. Nothing can or will be done to your existing supplies unless we have been instructed to act on your behalf by you, an authorised representative or an appointed agent, given either in writing or verbally.

We exercise no direct control over the suppliers you contract with. Once you accept a quote and complete the process we manage on your behalf, your supply agreement — including every term, price and condition attached to it — is made with the supplier directly, not with us.

In the interest of impartiality and transparency

Impartiality

To stay genuinely impartial we keep working relationships with the vast majority of the market (90% or more of the suppliers available for any one service). Where helpful we also support newly licensed suppliers working their way through the regulated application process.

Transparency

Like every broker, we receive an introductory and/or ongoing commission from the suppliers we introduce you to. Our aim is to give you the most effective service available — reducing the time, effort and admin your bills currently drain from your team — while still delivering an overall saving on the services you switch.

Not all promotions are available to both new and existing customers.

Services we can provide

  • Business electricity and gas
  • Card payment services — Chip & PIN, online payments (Virtual Terminal), e-commerce, EPOS
  • Cash advances and lease/loan facilities
  • Telephone lines, PSTN, VoIP and PBX systems
  • Broadband, ADSL, fibre and leased lines
  • Mobile phone contracts
  • Business water
  • Renewable energy technologies
  • Business insurance
  • Business waste management
  • Business rates reviews
  • Residential energy switching

Buyouts — merchant services

As part of winning your business, we or one of our appointed agents may agree to cover the termination costs charged by your current card-payment provider so you can move across to our services faster than you otherwise could.

Buyouts — telecoms products

Similarly, for telecoms we or one of our appointed agents may agree to cover the early-termination costs your current supplier would otherwise charge, so you can switch to our services sooner.

If you break your obligations to us

You may be liable for a fee. We may suspend or end the services we provide, and you will pay us a fee reflecting the commission we would have received from the supplier had you not breached your obligations.

Moving in or out of a commercial property

There is no universally published guide to moving into or out of a commercial site in the UK — the industry does not make clear rules easy to find. We take pride in knowing the process inside out and in being responsive on every point of contact.

And one caution: there is no rush. You may receive calls from brokers claiming a supplier passed them your details to register your meter. That is simply not how it works — suppliers do not share customer data in that way. Such firms often pay offshore researchers to harvest your details from public posts, which is how they reached you.

Moving into a new location

  1. 1

    Photograph your meters the moment you pick up the keys

    Make sure all four corners of the meter are visible and the image is sharp. If your meter shows more than one reading, keep pressing the display button (orange, blue, red — whatever colour yours uses) until you find the screens labelled R1/H1, R2/H2, R3/H3 and so on. Photograph each of them.

  2. 2

    Send those photos to the landlord yourself

    Provide the landlord with the photos directly. This protects you in case the previous supplier has already been contacted and the wrong readings were passed across.

  3. 3

    Find out which supplier has inherited the site

    You need to identify who is currently supplying the premises. Any energy consultancy can do this quickly, and it can often be faster to appoint a consultant at this stage.

  4. 4

    Include your meter photographs with everything you submit

    Whenever you send proofs to the supplier, attach the photos you took as supporting evidence as a matter of good practice.

  5. 5

    Ask the supplier how they run their change of tenancy

    Every supplier has its own route. Most will accept details over the phone first but then request proof in writing. Typical evidence includes a fully signed copy of your purchase or lease agreement (make sure every party has signed — partial signatures slow things down), a business rates bill and/or an insurance certificate. Occasionally suppliers ask for more.

  6. 6

    Then it is a waiting game

    Completion times vary by supplier, but most transfers take between 30 and 60 days from the date they hold all of the supporting evidence.

Can I set up a new contract while the changeover is pending?

In short, yes. Most people prefer to wait for written confirmation from the supplier before switching, and you should understand that acting early can create out-of-contract priced usage. If you do secure a new contract with your chosen supplier, tell them you have done everything needed to put the supply in your name but have not yet received confirmation that the changeover is complete.

Moving out of a location

Follow steps 1, 2 and 3 above, then contact your supplier, tell them the date you moved out, ask how they want the meter readings delivered and request written confirmation of the account close date and of the readings used. They will also want the landlord's details (or those of the incoming occupants).

Change of tenancy, new or re-connected meters

If you instruct us — or one of our subsidiaries — to handle a change of tenancy, new connection, meter re-connection or any other matter related to getting supply on at your site, we will act on receipt of: a signed Letter of Authority; the lease, signed by all parties; and evidence of the meter readings (photos of a single-rate meter, or of every rate shown on a multi-rate meter). Once we have those, we will progress your change of tenancy as quickly as possible. (Industry guidance allows up to 60 days.)

If you instruct us to handle a change of tenancy, new connection, meter re-connection or any related matter and then do NOT place the supply contracts (electricity, gas and/or water) through us or our subsidiaries, the time we invested in your behalf represents a loss to us, and a fee will be charged to the client/company who appointed us.

The standard fee for handling a change of tenancy, new or re-connected meters, or any related supply matter is up to £750 + VAT as a one-off charge, payable by the party that appointed us. Signing and returning the Letter of Authority counts as your acceptance of these Terms and Conditions.

DIVINE TECH AND SOLUTIONS LTD — full Terms and Conditions

Registered in England and Wales under company number 15768634. Registered office: 30 Ivy Square, Derby, Derbyshire, England, DE23 8LG. In these terms we are referred to as "the Company"; the business we work for is referred to as "the Customer".

Definitions

  • "Agreement" — the contractual relationship between us and you, formed by these terms together with any Letter of Authority you sign.
  • "Breach Fee" — the amount you owe us if you break the terms of this Agreement.
  • "Commencement Date" — the date this Agreement starts, as described in clause 1.
  • "Commission Payment" — the payment we are entitled to receive from a supplier as a result of you entering into a supply contract.
  • "Confidential Information" — information shared between the parties in connection with this Agreement.
  • "Contract" — the supply contract you (or we, on your behalf) enter into with a supplier.
  • "Customer Breach" — any act or omission by you that breaks this Agreement.
  • "Letter of Authority" (LOA) — the authority letter you sign to instruct us.
  • "Services" — the work we carry out for you, primarily presenting and arranging proposed supply contracts from our panel of suppliers for you to accept.
  • "Supplier" — the supplier you choose to contract with.
  • "Working Day" — Monday to Friday, excluding public holidays in England.

1. Supply of Services

  • The Letter of Authority you sign serves as your instruction to purchase the Services under these terms. This Agreement and the Commencement Date take effect when we receive your signed LOA.
  • In return for those instructions we will provide the Services described in the LOA.
  • We are not a price comparison site in the classic sense. Although we work with a broad panel of suppliers, we do not hold contracts with every provider in the market, and we cannot guarantee that a third party will not quote cheaper than the deal we arrange.
  • When recommending suppliers we weigh up a range of factors — price is only one of them. We recommend the option that, in our judgement, best suits your business.

2. Your obligations

  • To co-operate with us on everything connected to the Services, and not to hinder, delay or prevent those Services from being delivered.
  • To follow, promptly and in full, both this Agreement and the supplier's own terms for your Contract — including paying your supplier bills on time.
  • To provide any information, data or documents we reasonably request.
  • To keep all information you give us complete, up to date and accurate.
  • To provide the assistance we reasonably need from time to time.
  • To tell us immediately if anything changes in your circumstances that could affect the Services or the Contract.
  • To comply with the Bribery Act 2010 and all other applicable legislation.
  • Not to instruct, encourage or allow a supplier, directly or indirectly, to stop or withhold any Commission Payment due to us.

3. Breaching the Agreement — suspension and termination

  • For the intended duration of the Contract — including after a change of tenancy — you must not enter into any other contract for the supply of energy that would provide supply and/or services covered by the Contract, in whole or in part.
  • Meter readings when you leave a site: a final closing read is required by both your supplier and us. If you do not tell us you have left a property (with supporting evidence — ideally time-and-date-stamped photos showing the meter serial number and each reading) and we only hear about it through the supplier, you agree to pay an admin fee of £250 + VAT.
  • Without losing any other right or remedy we may have, we may suspend or terminate this Agreement immediately, in writing, if: you commit a serious breach and (where it can be fixed) you fail to put it right to our satisfaction within 14 days of being asked in writing; you enter administration, provisional liquidation or any arrangement with your creditors, go into winding up, have a receiver appointed over any of your assets, or stop trading; or you suspend, threaten to suspend, cease or threaten to cease all or a substantial part of your business.
  • On termination or suspension we are released from all obligations under the Agreement.
  • If the Agreement is terminated, or you breach it for any reason, we may demand the Breach Fee, which is the higher of: the Commission Payment (or the unpaid balance of it) we would have received from the supplier had the Contract continued; or a fixed £750 per meter.
  • The Breach Fee is a genuine pre-estimate of our loss — it is not a penalty. It is payable regardless of when the supplier would otherwise have paid us the Commission Payment.

4. Change of tenancy

  • If you take out a Contract through us but permanently leave the premises — before supply starts or during the term of the Contract — the Contract ends. This is called a change of tenancy ("COT").
  • A COT exists where (i) a party connected to you takes over the premises ("connected" as defined in sections 1122 and 1123 of the Corporation Tax Act 2010), or (ii) the premises stay vacant for at least three months after you leave.
  • Because a COT alters the commission a supplier pays us, you must give us written notice at least 14 Working Days before you vacate, together with evidence of the COT acceptable to us — for example a contract for sale/TR1, or a solicitor-certified assignment or surrender of the lease.
  • The notice must include a letter from your solicitor confirming the move qualifies as a COT and enough detail for us to verify it. If you do not notify us, we may charge a one-off fee equal to the higher of £750 per meter or the full Commission Payment we would have received. We will apply a discount to reflect any commission already paid (subject to a minimum failed-Contract fee of £750 per meter).

5. Consumption tolerance

  • Your Contract is built on an estimate of your consumption and our commission is calculated on that basis. If the actual consumption confirmed by the supplier turns out to be more than 20% below the estimate over the life of the Contract, you must, on demand, pay us the balance of the commission we would have earned had consumption not fallen by more than that 20%.

6. Litigation costs

  • Should we and you become involved in court proceedings of any kind, whatever the cause, you will reimburse us on demand, on an indemnity basis, for all legal costs and expenses we incur in connection with those proceedings.

7. What happens when the Agreement ends

  • Termination or expiry does not affect: rights, remedies, obligations and liabilities that accrued before termination; your liability for a Customer Breach; or any payment you owe us under this Agreement.

8. Commission payments to us

  • You accept that a Commission Payment will be paid to us. Its amount and timing vary by supplier. With energy, the commission is built into the unit price of your Contract. For example, if the commission were 0.5p per unit, the price you pay per unit would be (i) the base unit price plus (ii) 0.5p. A business using 40,000 units a year over a two-year contract would therefore generate £400 of commission across those two years. Contact us at any time if you would like more detail on the commission applicable to your Contract.

9. Limitation of liability

  • By entering into the Contract you contract directly with the supplier, not with us. We therefore assume no liability for your obligations or liabilities under the Contract. Nothing in this Agreement limits our liability for dishonesty, or for death or personal injury caused by our negligence.
  • Our total liability to you (including principal, interest, costs and charges of any kind) will never exceed the amount of commission we have actually received.
  • Other than where liability cannot be excluded by law, we — and our representatives, agents and employees — accept no liability arising under or in connection with this Agreement for: loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; or indirect or consequential loss.
  • If you intend to assert liability against us you must notify us in writing within six calendar months of the first event giving rise to the claim coming to your attention (or where it reasonably should have). The notice must set out the event and the grounds of the claim in reasonable detail and include copies of the relevant documents. Without that notice we will have no liability.
  • We make no express warranties and, to the extent permitted by law, exclude all implied warranties about the performance of the Services. This clause survives termination of the Agreement.

10. Data protection

  • We do not expect to receive any personal data from you beyond the contact details of the people responsible for managing this Agreement. You agree that we may share those contact details with the supplier, its agents and representatives. Each party will comply with its obligations as a data controller under applicable data protection legislation.

11. Confidentiality

  • Neither party will disclose to any third party the other's Confidential Information, and neither party will refer to this Agreement in any advertising, publicity or promotional material without the other party's prior written consent.

12. Notices

  • Notices under this Agreement must be in writing and delivered by hand, by pre-paid first-class post or next-Working-Day courier to the registered office (if a company) or principal place of business (otherwise), or by email to the address notified for the purpose. A notice is treated as received: by hand — when a delivery receipt is signed or the notice is left at the correct address; by post or courier — at 9:00am on the second Working Day after posting (or at the time the courier records); by email — on the Working Day after sending.

13. Dispute resolution

  • Both parties will use reasonable efforts to settle any material dispute arising out of or in connection with this Agreement through good-faith negotiation. The dispute will be referred to representatives nominated by the parties, who will communicate in good faith to try to resolve it. If no agreement is reached within 21 days of the structured negotiations, either party may refer the dispute to litigation.

14. General matters

  • Any payment you owe us will be due within seven days of receiving our demand, and you have no right of set-off, defence, counterclaim or any other basis to withhold or delay it. VAT applies to any amount owed.
  • If any provision is held invalid, illegal or unenforceable by a court, it will be severed and the remainder will continue in full force. This Agreement is the entire agreement between us and supersedes any earlier agreement or understanding. It may only be varied in writing.
  • A failure or delay by either party in exercising a right is not a waiver, and a waiver of one breach is not a waiver of any subsequent breach.
  • Nothing in this Agreement creates a partnership, joint venture, franchise or agency between the parties, and neither party may bind the other without prior written consent.
  • You may not assign, mortgage, charge, transfer, subcontract, delegate, declare a trust over or otherwise deal with any of your rights or obligations under this Agreement.
  • You grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify, in the context of a potential Contract, any material and information you provide to us or to a supplier.
  • We will make every reasonable effort to deliver the Services promptly, but time is not of the essence for their performance, and we accept no liability for delay or failure caused wholly or partly by events beyond our reasonable control.
  • Unless stated otherwise, this Agreement does not create any rights enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
  • This Agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.