Terms and Conditions
In these terms and conditions Maxx Energy Limited company registered number SC844419 whose registered office is 16 Morningside Gardens, Edinburgh EH10 5LE is referred to as Maxx Energy. The customer of Maxx Energy is referred to as the Customer
DEFINITIONS
- “Agreement”: the contractual relationship between Maxx Energy and the Customer as set out in these terms and conditions and the Letter of Authority.
- “Breach Fee”: payment due from the Customer to Maxx Energy in the event of a Customer Breach.
- “Commencement Date”: has the meaning given in clause 1.
- “Commission Payment”: the payment Maxx Energy 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 Maxx Energy on the Customer’s behalf) with the Supplier for the supply of energy and as part of the Services, including any extensions.
- “Customer Breach”: any act or omission by the Customer that represents a breach of this Agreement.
- “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 the UK, including but not limited to the UK GDPR and the Data Protection Act 2018.
- “Letter of Authority”: such letters of authority as may be signed by the Customer from time to time.
- “Services”: the services Maxx Energy provides to the Customer, including presenting details of proposed energy supply contracts from its portfolio of Suppliers.
- “Supplier”: the energy supplier the Customer chooses to enter into a Contract with.
- “Working Day”: Monday to Friday other than a public holiday in Scotland.
1. SUPPLY OF SERVICES
The Customer agrees that:
(i) the Letter of Authority constitutes a request by the Customer to purchase Services under these conditions. The Agreement commences when the signed Letter of Authority is received by Maxx Energy;
(ii) Maxx Energy shall supply the Services accordingly; and
(iii) Maxx Energy is not a price comparison service and does not guarantee the cheapest rate. Its recommendations are based on a range of factors including suitability, reliability, and pricing.
2. CUSTOMER’S OBLIGATIONS
The Customer agrees:
(i) to cooperate with Maxx Energy in relation to the Services;
(ii) to comply with this Agreement and any Supplier terms, including timely payment to the Supplier;
(iii) to provide all requested data and documents;
(iv) to ensure all submitted information is accurate and current;
(v) to assist Maxx Energy as reasonably required;
(vi) to notify Maxx Energy immediately of any change in circumstances;
(vii) to comply with applicable laws, including the Bribery Act 2010;
(viii) not to withhold or interfere with the Commission Payment due to Maxx Energy;
(ix) not to enter another energy contract covering the same supply during the term.
3. CUSTOMER’S BREACH: SUSPENSION AND TERMINATION
Maxx Energy may suspend or terminate the Agreement immediately if:
(i) the Customer materially breaches the Agreement and fails to remedy it within 14 days of notice;
(ii) the Customer undergoes insolvency or similar proceedings;
(iii) the Customer suspends or ceases business.
If termination or breach occurs, the Customer must pay Maxx Energy the Breach Fee, which will be:
- the lost Commission Payment, or
- £750 per meter (whichever is greater).
This fee compensates Maxx Energy for actual loss and is not a penalty.
4. CHANGE OF TENANCY
A Change of Tenancy (COT) is defined as:
(i) another unconnected party taking over the premises; or
(ii) premises becoming vacant for 3+ months.
The Customer must give 14 Working Days’ notice in writing of a COT and provide supporting legal documentation.
Failure to notify may result in a charge equal to the higher of:
- £750 per meter, or
- the full Commission Payment Maxx Energy would have received.
5. CONSUMPTION TOLERANCE
If actual energy use is more than 20% lower than estimated, Maxx Energy may charge the Customer the difference between the Commission Payment actually received and what would have been received had the estimate been met.
6. Litigation Costs (Scottish Law Version)
The Customer’s attention is drawn to this clause: should the Customer and Maxx Energy become involved in court proceedings, the Customer may be liable for Maxx Energy’s legal costs and expenses.
In the event of the Customer and Maxx Energy becoming party to any court proceedings, the Customer shall, subject to the discretion of the Scottish courts, reimburse Maxx Energy for all reasonable legal costs and expenses incurred.
The Customer acknowledges that claims in the Sheriff Court under the Simple Procedure (typically under £5,000) may limit cost recovery, but that Maxx Energy may seek such costs if the court deems it fair based on the Customer’s conduct.
7. CONSEQUENCES OF TERMINATION
Termination does not affect any rights or obligations already accrued. The Customer remains liable for any unpaid Breach Fees or Commission-related charges.
8. COMMISSION PAYMENTS
The Commission Payment is included in the unit cost of energy and varies by Supplier. Example:
0.5p per unit x 40,000 units/year x 2 years = £400 commission.
Customers may request full commission disclosure from Maxx Energy at any time.
9. LIMITATION OF LIABILITY
Maxx Energy is not liable for the energy supply itself — this is the responsibility of the Supplier. Maxx Energy’s liability is capped at the total Commission Payment received.
It is not liable for:
- lost profits, sales, savings, or goodwill
- indirect or consequential loss
Claims must be made in writing within 6 months of the triggering event.
10. DATA PROTECTION
Maxx Energy may share business contact details with Suppliers as required. Both parties agree to comply with UK Data Protection Legislation.
11. CONFIDENTIALITY
Neither party will disclose confidential information without prior written consent.
12 NOTICES
Notices must be sent by hand, post, or email to the addresses provided. Delivery times are based on method used.
13. DISPUTE RESOLUTION
Parties will attempt to resolve disputes through good faith negotiation before pursuing legal action.
14. GENERAL MATTERS
- Payments are due within 7 days of demand.
- VAT applies to all fees.
- If any clause is unenforceable, the rest remains valid.
- No variation is valid unless in writing.
- No agency or partnership is created.
- The Customer may not assign or transfer this Agreement.
- Maxx Energy is not liable for delays outside its control.
- The Agreement does not grant third-party rights.
15. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Scotland, and the parties agree to submit to the exclusive jurisdiction of the Scottish courts.
