Terms & conditions

1. When these terms apply
   1. These terms and conditions relate to the use of any of our Services and apply if you have subscribed to our Services either directly on our website or via one of our Channel Partners.
   2. Please read these terms carefully before using our Services. This is a contract between you and Labrador. You may cancel this contract within 14 days of this contract becoming effective simply by letting us know in writing (this is known as the ‘cooling off’ period). However, if you have asked us to provide the Switching Service during the cooling off period, that right to cancel will not apply, even if the period is still running.
   3. You should print or save a copy of these terms and conditions for future reference. If you do not agree to these terms, you must stop using our Services immediately.
2. Definitions
   1. “Assessment” means the analysis we undertake to find you a better energy tariff using your actual recorded energy consumption, as described in more detail in Clause 3.4;
   2. “Channel Partner(s)” is a marketing partner through which Labrador markets its Services;
   3. “Customer” means the person who proposes to use our Services, otherwise referred to as ‘you‘, ‘your‘ and ‘yours‘;
   4. “Customer Account” means the account that will be opened for you by Labrador and which will allow you to visualise your Energy Console;
   5. “Energy Console” is a web based dashboard that you can access via any compatible web browser on any device which allows you to track your energy consumption. In certain cases it may carry the logo of a third party with the words ‘Powered by Labrador” shown as well;
   6. “Energy Supplier” means a supplier of gas and/or electricity to homes in England, Scotland or Wales;
   7. “FAQ” means frequently asked questions as they appear on our Website from time to time;
   8. “In-Home Display” or “IHD”is a device offered to you by your Energy Supplier which may be connected to your Smart Meter when it is first installed and which shows you your energy usage and the cost of such usage;
   9. “Labrador” is a trading name of Perse Technology Ltd, a company registered in England with company number 12447140 , whose registered office is 18 Soho Square London W1D 3QL, otherwise referred to as ‘we’, ‘us, ‘our’;
   10. “Labrador Home Hub” is a device that allows us to read and access your energy consumption directly from your Smart Meter;
   11. “Privacy Policy” means Labrador’s privacy policy in force from time to time, accessible here; “Services” has the meaning given in Clause 3.1;
   12. “Smart Meter” is a gas or electricity meter which meets the government’s Smart Metering Technical Specifications (SMETS);
   13. “Switch” means the process of switching you from your existing energy tariff to a different energy tariff, which may also involve moving you to a new Energy Supplier;
   14. “Switching Service” the service of effecting Switches for you in accordance with these Terms;
   15. “Terms” means these terms and conditions, as may be updated from time to time.
   16. “Website” means www.thelabrador.co.uk
   17. “Writing” or “written” includes email.
3. Our Service
   1. The services and products that Labrador may provide to you pursuant to these Terms include (but are not limited to) the following:
      1. the provision of our Website and its use, access or browsing by you;
      2. the use of our Labrador Home Hub;
      3. the use of your Customer Account;
      4. the access to our Energy Console via your Customer Account; and
      5. subject to Clause 3.7 the provision of a Switching Service that we may provide to you as set out herein; (together the “Services”)
   2. When you accept these Terms, we will open a Customer Account for you and provide you with the login details. The Customer Account is password protected and you should not share this with anybody else. The Customer Account allows you to access your Energy Console through any compatible web browser. Please note that you are responsible for any access made using your password or other user details. If we suspect abuse of your password, we may suspend access to our Services.
   3. Should you already have a smart meter, or wish to have one installed, we may use the Labrador Home Hub or any other service to read your Smart Meters and collect your electricity and gas usage as often as possible, which may include more frequently than half hourly. This information is stored securely in our systems and summarised for you on our Energy Console. We may bring out additional features and enhancements to our Energy Console and these will be made available to you automatically. There is no requirement to have a smart meter should you wish to retain a traditional meter.
   4. We aim to carry out regular Assessments to help you generate savings by making Switches. If there are savings to be had, we will send you an Alert (which we may send by text message), and shall only process the relevant Switch once we have received confirmation from you that you wish to proceed with it. This will normally be done by clicking the ‘accept” option set out in our Alert. We will not switch you automatically without your agreement, so that you always remain in control.
   5. Whilst we make every effort to use accurate information, if we are provided with inaccurate data from energy industry data sources about you, your home, your meter(s), your energy usage and switch history, we cannot accept liability. Labrador does not directly contribute to formal industry data flows, we only read what other parties submit, process and can access. Most relevant industry data is the responsibility of energy suppliers. If you have any concerns about inaccuracies, you need to raise this with your energy supplier and either make the relevant corrections in your Labrador account or ask us to do so.
   6. The data we obtain, with your consent under these terms, from industry data includes information about your meters, current supplier(s), usage and switch history. We also obtain, where available, your energy usage history for up to 3 years and switching history for up to 6 years. We only use this data in order to deliver our service, in ensuring we take into account usage patterns that may have been affected by Covid lockdown and other factors, to better recognise the energy products that are most likely to suit you and to seek to negotiate the best prices on your behalf.
   7. From any industry info, we are entitled to make assumptions. This is particularly the case if we only get partial results from your industry data search. These assumptions will be contained in your Labrador account and you will be notified to check your account. We will be entitled to proceed based on those assumptions unless you change or correct those assumptions. If we initiate a Switch before you have had the chance to do so, you will retain the right to cancel any Switch within 14 days.
   8. The kinds of assumptions we may make can include (but are not restricted to) assuming you are on your Energy Supplier’s Standard Default Tariff if you have not switched within the last 12 months or assuming you are on one of your Energy Supplier’s fixed term tariffs that was offered at the time of your last switch.
   9. The Assessment we may make will be based on the tariffs available to us at the time. We are entitled to rely on this data when we make the Switch or recommend one. By definition, there may be other deals that become available after we have made the Assessment or which are not available to us, and Energy Suppliers may change or withdraw deals after the Assessment is made.
   10. We will normally provide you with all of the Services, however in certain cases we may be restricted by some Energy Suppliers from providing the Switching Service for a limited period of time, unless you contact us and ask us to provide the Switching Service.
   11. Whilst we will endeavour to access and utilise smart meter data, we shall be under no obligation to do so. The means we access smart meter data shall also be within our discretion but will be at all times compliant with industry standards. Where we advertise that our service can result in you no longer having to send meter reads on a switch, this applies only to households who have smart meters that are being maintained by the relevant supplier. Where applicable, we can help you obtain smart meters and can give you advice as to how you can ensure an energy supplier maintains them.
4. Our Appointment as your agent
   1. By using our Services you have appointed us as your agent as set out in this Clause, and we accept such appointment. If you do not wish to appoint us as your agent or wish to cancel our appointment you must inform us in writing at contact@perse.energy. It may take 14 calendar days for this to take effect.
   2. By appointing us as your agent, you authorise us to:
      1. conduct Assessments and make a Switch on your behalf where you have asked us to do so;
      2. make the enquiries of you and/or third parties which we need to ensure that a Switch is effected efficiently, including but not limited to:
         1. determining the technical specifications of your Smart Meter installation; who it was installed and/or financed by; and who your current Energy Supplier is; and
         2. accessing information about you that we need to provide the Services; contacting a new Energy Supplier on your behalf and passing the necessary information about you to carry out the Switch and monitoring the status of the Switch;
      3. select a new Energy Supplier for you as described above and to set up an account with that entity for the supply of gas and/or electricity on your behalf, for which you will be solely contractually liable;
      4. make arrangements with your Energy Supplier to pair the Labrador Home Hub with your Smart Meter(s) where applicable;
      5. share your usage data with your Energy Supplier, should we decide to do so, for the purposes of them providing their services to you (where applicable, this may include us providing meter readings to your supplier under 21B.1 of the current Electricity Supply Standard Licence Conditions and the current Gas Supply Standard Licence Conditions (or equivalent conditions should these be amended in the future) in order that your supplier shall be obliged to continue to bill you against actual usage in the event they are unable to access this data direct from your smart meters. Please note that Labrador cannot guarantee that suppliers shall do this, albeit their licence conditions do require them to do so.
      6. make the enquiries and take the action we need to allow us to properly discharge our obligations to you pursuant to these Terms.
   3. When we make an Assessment as your agent, we will notify you of any decision we make in connection with the choice of a new energy tariff and will provide you with our reasons showing the usage upon which we base our energy comparison.
   4. Following a Switch you will have a 14 day ‘cooling-off’ period during which you will have the right to cancel the product or service application that we make on your behalf. We will endeavour to make that cancellation on your behalf. If for any reason we are unable to do so, we will notify you and it will be your responsibility to contact the Energy Supplier and request the cancellation. You must also inform us of your decision.
   5. Whilst we may apply for products or services on your behalf, at your request, you acknowledge and agree that you (and not Labrador) remain the party to any such supply contract with the relevant supplier. This also means that you remain liable to pay for the relevant product or service and the arrangements relating to methods of payment.
5. Your Responsibilities under these Terms
   1. You confirm that you are 18 years of age or over and have an address in England, Scotland or Wales and are the person responsible for your energy bills.
   2. You will ensure that any information you provide us is true, accurate, complete and current. Please promptly advise us of any change to your details at contact@perse.energy.
   3. Where required, you have obtained the consent from all residents in your household to use our Services.
   4. Other than where we are restricted from providing the Switching Service pursuant to Clause 3.7, you agree not to switch directly to an Energy Supplier yourself without first informing us at contact@perse.energy
   5. Where you have a smart meter installed you agree to share your energy usage information with us via any means. We will not share any personally identifiable data to a third party other than to Energy Suppliers and other third parties involved in the supply of energy to whom we need to provide this information to carry out Switches, to help (if and where appropriate) with the installation of your meters and pairing of your Labrador Labrador Home Hub, and to endeavour to maintain your smart meter functionality. Your energy usage data may be shared by us as follows:
      1. an aggregate and/ or analysis of your usage with our Channel Partner(s), as is required to compare products and services and identify those that best suit your needs;
      2. an aggregate and/ or analysis of your usage with your Energy Supplier, as may be required to assist them in providing energy to you and invoice you for it. This may include half hourly aggregates, relevant for time of use tariffs;
      3. in order to close your existing account with your current Energy Supplier and set up your account with your new Energy Supplier pursuant to our Services;
      4. maintain smart meter operation of your Smart Meters.
   6. You agree that you remain responsible for paying your Energy Supplier on such terms and conditions as may be specified by that Energy Supplier and that we have no responsibility whatsoever for any payments that may be due by you to your Energy Supplier;
   7. You shall ensure that all persons who access our Website through your internet connection and/ or who are residents of your household are aware of these Terms, and that they comply with them.
6. Use of our Service
   1. You may not use our Service, including our Website in the following manner:
      1. for anything other than private use;
      2. in any way that breaches any applicable local, national or international law or regulation;
      3. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      4. to send, knowingly receive, upload, download, copy, use or re-use any material which may be viewed as not being in the spirit of our Services and our values;
      5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
      6. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   2. You may not:
      1. gain or attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our site;
      2. attack or attempt to attack our Website and/ or device via a denial-of-service attack or a distributed denial-of service attack;
      3. copy, adapt, reverse engineer, decompile, disassemble or modify any aspect of our Service in whole or in part; or
      4. otherwise knowingly damage, interfere or disrupt our Service and/ or any part of it be it owned by us or a third party
   3. If you breach these Terms in a manner that gives rise to criminal proceedings, we will co-operate fully with the relevant authorities. In such circumstances we reserve all our legal rights to take such action as we see fit.
7. Our Rights
   1. We reserve the right to suspend or terminate part or all of the Service, including in order to:
      1. deal with faults, conduct maintenance or introduce new facilities or services;
      2. update the Website and/or our systems; and
      3. deal with unforeseen events and incidents beyond our reasonable control, which may include without limitation: lightning, flood, severe weather, fire, explosion, terrorist activities, or failure of public or private telecommunications networks and any acts of the UK Government or any devolved government, other competent authority, or industrial disputes.
   2. We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the materials on our Website may be out of date at any given time, and we are under no obligation to update such material.
   3. We reserve the right, from time to time, to change these Terms. The Terms that are applicable to your use of the Service will be the version that is displayed on our Website at each date you access the Services.
8. Our Liability
   1. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy, though we try to make it as accurate as possible.
   2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to our Services.
   3. We provide our Website and Services for domestic and private use. You agree not to use our Website or Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   4. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
   5. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer product, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any material posted on our Website, or on any website linked to it.
9. Intellectual Property and Privacy Policy
   1. We are the owner or the licensee of all intellectual property rights in our Website and the Services. No right to use any of our intellectual property is granted save as strictly necessary to use the Services.
   2. We process information about you in accordance with these Terms and our Privacy Policy.
10. Complaints
    1. We aim to provide you with an excellent service at all times and we are committed to continuous improvement. If you are unhappy with our Service for any reason, please contact us. You will be treated with courtesy and respect at all times.
    2. The steps involved in our Complaint Process:
       (a)We will aim to send you a formal acknowledgement of your complaint within 48 hours and to resolve it within 10 working days.
       (B) After we have had an opportunity to investigate your concerns, we will issue you with a final response. We endeavour to resolve any complaint to your satisfaction and a resolution may include an apology, a goodwill gesture or compensation.
       (c) Should we be unable to resolve your complaint at all or not within 8 weeks, we will provide you with information on whether you are eligible to escalate your complaint to the Ombudsman and if so, how to do this. The Ombudsman is impartial and a free service.
    3. We will keep a record of your complaint, including all relevant dates.
    4. You will be able to progress any complaint by phone, in person or in writing (including email).
    5. If you are unhappy with any product or service you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party. If you require their contact details, please contact us and we will be happy to assist if we can.
    6. A copy of our Complaints Process is available by email or post for free on request.
    7. Please contact us in relation to any complaint by emailing contact@perse.energy or writing to us at Perse Technology Ltd, 18 Soho Square, London W1D 3QL.
11. Referral programme
    1. Definitions
       1. Programme: Labrador's referral programme.
       2. Referrer: An existing Labrador customer participating in the programme.
       3. Recruit: The new customer being referred.
       4. Unique link: A URL (web address) unique to each referrer.
       5. User: Individuals or businesses who are accessing or using the programme either as a referrer or as a recruit referred to Labrador's services and the use of 'user' or 'you' is a reference to either or both depending on the context.
       6. Reward: The reward amount offered by us under the programme. The reward will vary by campaign and will be as promoted at the time on or via our website.
       7. Sign up date: The date the recruit signs up on the website using a referral link, and tells us they want to join Labrador.
       8. Switch date: The date a new energy supplier starts to supply electricity and gas, to the recruit, as a result of a switch through the Labrador service.
    2. Programme eligibility and delivery
       1. The referrer and recruit will each receive a reward when the recruit successfully switches their energy via the Labrador service, subject to these conditions.
       2. You must be over 18 and live in Great Britain to be a referrer or a recruit. If you are referring on behalf of a business, Labrador has the right to decide whether your business is eligible to participate in the programme.
       3. Recruits must not have already signed up to Labrador or have been a Labrador customer in the preceding 12 months, using any email address or alias.
       4. The recruit must use the referrer's unique link to sign up and switch on www.thelabrador.co.uk. Labrador is not responsible when links are quoted or shared incorrectly. Referrals claimed retrospectively, or for incorrect links, are not eligible and will not be rewarded.
       5. A referrer or a recruit will not receive more than one reward per property.
       6. If the recruit cancels their agreement with Labrador before the switch successfully completes, their reward and the referrer's reward will also be cancelled.
       7. We will email the referrer once a recruit has signed up, on the sign up date, and again when the reward has been earned.
       8. It is the sole discretion of Labrador as to how the reward will be paid, for example as cash or as a voucher to the value of the reward. If paid as cash, this will be conditional upon Labrador being given bank details that match the User and in the event that the User pays their energy via direct debit, will be the same account details.
       9. Referrers may offer additional rewards to recruits as long as it is clear that the additional reward is entirely the responsibility of the referrer and not the responsibility of Labrador.
       10. Referral rewards are not transferable, and they can’t be auctioned, traded, bartered or sold. If we stop the referral programme, rewards that have been provided to a User are considered paid. If we cancel a customer’s account for any reason, they will be refunded any rewards that have already been paid but will not receive any rewards that are still being processed.
       11. This agreement applies to every reward advertised on Labrador's website . In addition, any specific or personalised rewards we’re running at the time you register for the programme will also apply.
    3. Promotion of unique links
       1. Unique links should not be used by professional landlords or businesses that do not have legitimate business interests (for example, a company that is set up just to benefit from the programme will not be allowed to take part).
       2. You must make it clear when referring that it is a personal recommendation and that you do not represent Labrador or any Labrador employee when promoting your unique link.
       3. No paid advertising of unique links is allowed across any search engines or social media platforms.
       4. We have a no tolerance spam policy.
       5. When you’re sharing a referral link, either online, by email or in print, you must only share it in a personal way that is appropriate with friends, colleagues, employees, customers and family members. For example, bulk distribution, distribution to strangers, posting unique links on online marketplaces such as Amazon or Ebay, or any other promotion of a unique link in a way that looks like "spam" is expressly prohibited.
       6. If you submit an email address to Labrador, and it’s not yours, you must have prior consent from the owner of the email address.
       7. If you are promoting your referral link via email, you must comply with the law – including anti-spam laws. If you don’t comply with the law, and legal action is taken against you, you must compensate Labrador for any costs and expenses we may have to pay as a result of this legal action.
       8. Unique links may not be posted or shared on review platforms, including Trustpilot and Google reviews. This is to protect the integrity of reviews. You must not use Labrador's brand to promote unique links, though you may link to Labrador's website or social media accounts.
       9. Unique links may not be posted or shared in reply to Labrador's platforms, or Labrador profiles on other platforms. This is to ensure that these platforms remain a place for their intended content and discussions.
       10. As an exception to 17.3.10, unique links may be shared on Labrador platforms when a non-Labrador member has asked for a unique link.
    4. Further obligations
       1. Users are responsible for any tax implications resulting from receiving a reward.
    5. Labrador programme discretion
       1. Labrador reserves the right to verify referrers and recruits, and ask for proof of eligibility.
       2. We reserve the right to suspend you from the programme if we decide your referral methods are inappropriate.
       3. We have no obligation to monitor the content shared by Users. But we may check the content and block email messages, remove content or ban people from referring if we think the content they are sharing is inappropriate.
       4. Labrador may remove posts shared on our community, social media, or review platforms if they are in breach of these terms.
       5. If we need to investigate a referral reward, there may be a delay in paying it. We may also refuse to pay a referral reward if we believe it is fraudulent, suspicious, in violation of this agreement or if we think it might cause legal action to be taken against us, our subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
       6. Our decision about whether or not a user is entitled to a reward is final and binding.
    6. Suspension of the referral programme
       1. Labrador may suspend your rewards account at any time if you are in breach of this agreement.
       2. If we suspend your rewards account for any reason, we may refuse to pay rewards for any referrals during the suspension.
       3. Labrador may suspend the programme at any time for any reason.
12. Net Zero Energy
    1. Our commitment to make your home energy net zero for free involves:
       1. Tracking your annual gas and electricity consumption for your address registered with us;
       2. Determining how much of your energy usage is already matched to net zero fuel sources;
       3. Deducting that amount from your overall consumption;
       4. Equating the remaining consumption to carbon, using Ofgem methodology;
       5. Buying carbon capture certificates equivalent to that amount of carbon via accredited schemes of our sole discretion and choice;
       6. Producing a certificate to prove that your annual usage has been offset.
    2. This commitment is subject to a fair use policy and only applies to domestic energy usage. We will notify you if your usage is significantly higher than standard domestic usage and is therefore ineligible for this service.
    3. This service is only provided if you switch your energy supplier via our service and continue to use our service for the period of any net zero cover that we provide. If you terminate our service, we will be entitled to terminate this offer, including for the year in which you terminate our service.
    4. This service is only available to non commercial household owners or renters, not businesses nor landlords, unless via explicit permission and agreement with us.
    5. When in our marketing we refer to “free net zero energy”, it is the cost of making your energy usage/ carbon footprint relating to your energy usage that we provide for free. You still remain wholly liable for your energy bills to your energy supplier.
    6. The duration of this offer and the manner in which we discharge it is entirely within our discretion.
13. Paid to save promotion
    1. To be eligible for this promotion, you need to be a domestic energy consumer, have a valid Labrador account, and submit monthly meter reads to your energy supplier. If requested, you must also provide us with access to your smart meter data.
    2. We will communicate to you the amount of gas and/ or electricity usage that you’re expected to use in any given month. If you use less than that, we will pay you a fee for every kwh less. The price we will pay will be communicated to you and will be capped. We reserve the right to change the amount we pay and to withdraw this promotion at any time.
    3. This promotion is not available to any households that become vacant and/ or has usage that drastically reduces outside what is reasonable for a fully occupied household.
    4. This programme is offered independently and not in conjunction with our net zero promotion. You may be eligible for our net zero promotion at the conclusion of this promotion or after your next energy switch via our service, as we shall communicate to you.
    5. You are allowed to participate in this program, whilst it is on offer, as and when you choose. I.e. you are not obliged to participate every month or for any set period of time.
    6. The timing and method of any payments shall be at our discretion. However, we intend to reconcile your performance each month and make payment direct into your bank account via BACS.
    7. Our offer of £5 to every customer who creates a valid Labrador account in relation to this promotion is limited to the first 100 sign ups.
    8. Our decisions in relation to this promotion are entirely within our discretion and our decisions shall be final.
14. Legal
    1. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    2. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
    3. The contract made under these Terms is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end our contract or make any changes to these Terms.
    4. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in relation to you breaking this contract, that will not mean that you do not have to do these things and it will not prevent us taking steps against you at a later date.
    5. These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
15. Contact
    1. If you have any queries, please contact us at:
    2. Labrador
       Perse Technology Ltd.
       18 Soho Square,
       London
       W1D 3QL
       Email: contact@perse.energy
    3. If we have to contact you we will do so by telephone, by SMS text or by writing to you at the email address or postal address you provided when you registered on our Website.

Our service for businesses:

1. Definitions
   The following definitions apply to these Terms and Conditions of Service (the “Terms”):
   Labrador: means Perse Technology Ltd, which is a company registered in England and Wales under company number 12447140 and which has its registered and trading office at 18 Soho Square London W1D 3QL.
   Customer: means any non-domestic customer who satisfies the eligibility requirements set out in clause 3.2 and to whom Labrador agrees to supply any of the Services from time to time.
   Auto Switch: means the renewal service that Labrador provides to the Customer whereby the Customer appoints Labrador as its exclusive agent with authority to negotiate, secure and enter into new Supply Contracts on behalf of the Customer and to terminate any existing Supply Contracts relating to each separate Supply Number during the Term applicable to any such Supply Number.
   Existing Supplier: means the Customer’s existing third party energy supplier.
   Intellectual Property Rights: means any and all intellectual property rights, including without limitation; copyright, patents, rights in inventions, design rights, trademarks, service marks (in each case whether registered, unregistered or the subject of an application to register), moral rights, database rights, rights in computer programs, semi-conductor topographies, confidential information, trade secrets, know-how, business, trade and domain names, rights in goodwill and rights to bring a claim for passing off, unfair competition rights and all similar, like and analogous rights wherever held in the world and all extensions revivals and reversions thereof and, in each case, all equivalent forms of protection which subsist now or which subsist in the future.
   Letter of Authority: means a letter that the Customer will sign authorising Labrador and its agents to act on its behalf and to contact and liaise with the Customer’s Existing Supplier, as may be required in the course of Labrador providing the Services.
   Price Comparison Service: means the price comparison service that Labrador agrees to provide to the Customer whereby the Customer is provided with impartial information on Suppliers’ prices in relation to the services and products offered by the Suppliers.
   Quotation: means a quotation provided to the Customer by Labrador on behalf of a Supplier which sets out the terms and prices upon which a Supplier may be prepared to supply the Supplier Services to the Customer.
   Services: the services provided by Labrador whether via the Site or otherwise, to which the Customer chooses to subscribe from time to time, which shall include the Price Comparison Service, Auto or Alert Switch, and the Switching Service.
   Site: means the website www.thelabrador.co.uk
   Supplier: means any third party energy/utilities supplier of services and/or products as may be selected by Labrador and/or listed on the Site from time to time.
   Supplier Services: means the energy supply services and/or products as may be agreed to be provided by a Supplier to a Customer from time to time.
   Supply Contracts: means contracts with energy Suppliers for the supply of electricity and/or gas.
   Supply Number: means electricity or gas meter points with administration or reference numbers.
   Switching Service: means the switching service that Labrador agrees to provide to the Customer whereby Labrador agrees to either:
   (i) facilitate the switching of the Customer to the Supplier; or
   (ii) assist in the renegotiation of the Customer’s arrangements with its Existing Supplier; in each case if the Customer has accepted a Supplier’s Quotation presented to it as part of the Price Comparison Service.
2. Application of terms
   1. Subject to clause 2.2 below, these Terms shall apply to the provision of any Service by Labrador to a Customer and shall apply in place of, prevail over and supersede any other terms or conditions contained or referred to elsewhere (whether in correspondence or otherwise) or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Labrador or a Labrador authorised representative.
   2. From time to time Labrador may supplement these Terms with additional terms relevant to the provision of certain Services, including without limitation the Contract Management Services. These additional terms may be placed on the Site and/or sent to you and you agree that any such additional terms are hereby incorporated into these Terms.
3. Subscribing to the Services
   1. In order to use any of the Services, the Customer will need to register with Labrador via the Site. Labrador may, in their sole discretion, refuse to register any business as a Customer.
   2. In order to be eligible to register to use the Services, the Customer must:
      1. be a business that is resident in the UK;
      2. be aged eighteen years or over (if a sole trader); and
      3. be able to provide Labrador with all such relevant and accurate information as Labrador may require in order to provide the Services to the Customer.
4. Provision of Services
   1. Price Comparison Service
      1. If the Customer opts for and Labrador agrees to provide the Price Comparison Service, Labrador will use its reasonable endeavours to negotiate and secure as favourable and competitive prices as possible on behalf of the Customer and will provide the Customer with any relevant Quotations obtained by the Suppliers for consideration by the Customer. Labrador and the Supplier reserve the right to revise, amend or withdraw any Quotation at any time upon informing the Customer.
      2. The provision of any Quotation by a Supplier via Labrador does not constitute an offer to the Customer and the terms of a Quotation and duration for which any Quotation will be valid will vary depending on the Supplier. The Customer’s acceptance of a Quotation constitutes a non-revocable offer by the Customer to engage the Supplier to provide the Supplier Services and once such an offer has been made by the Customer, the Customer shall be committed to such offer and shall not be entitled to revoke the offer.
      3. All offers made by Customers shall be subject at all times to the Supplier’s acceptance and the Supplier shall be entitled at any time to refuse to accept a Customer’s offer for any reason at the Supplier’s sole discretion. No offer placed by the Customer shall be accepted by the Supplier other than:
         1. by a written acknowledgement issued and executed by the Supplier; or
         2. (if earlier) by the Supplier starting to provide any of the Services.
   2. Auto Switch Service
      1. If the Customer opts for and Labrador agrees to provide the Auto Switch Service, Labrador will use all reasonable endeavours to secure a new Supply Contract relating to any Supply Number at the best available rates for which the customer is then eligible from Energy Suppliers featured in Labrador’s Supplier Panel.
      2. The Auto Switch service will commence on the date the Customer creates an account via the Site. Labrador will notify the Customer of any intended switch which the Customer will need to accept, unless the Customer signs a separate agreement with Labrador to accept and complete the switch in its entirety on the Customer’s behalf. Such agreements will continue until either party terminates by giving written notice, including by email.
      3. The Customer then appoints Labrador to act as its exclusive agent in relation to the negotiation and execution of a new Supply Contract once the then existing Supply Contract has reached its Auto Switch date for that Supply Number or the first business day thereafter.
      4. The Auto Switch Date is one of twelve possible dates in the calendar year, with one occurring every calendar month. Labrador will select the most suitable date that provides the optimum time frame to secure your new Supply Contract.
      5. Labrador will provide the Customer with updates at appropriate times to their designated email account detailing the status of the Supply Contracts, the Auto Switch dates for each Supply Contract, and a reminder of how to cancel your account. This information will also be accessible in your online account.
      6. The Customer undertakes to inform Labrador promptly of the following:
         1. A change of tenancy (COT) of the Customer;
         2. Any significant increase or decrease of electricity or gas requirements at the Customer’s premises;
         3. If the Customer’s business changes hands or another party assumes financial responsibility;
         4. If the Customer’s designated email address changes; and
         5. If the Customer’s business ceases trading, or enters into any form of insolvency procedure.
         Any changes should be sent to Labrador via email at contact@perse.energy or to our address.
      7. Labrador may check your credit score before the contract starts, before the start of a pricing period and at other times.
   3. Switching Service
      1. If the Customer makes an offer based on a Quotation and if the Supplier accepts the Customer’s offer, Labrador will provide the Switching Service which will include organising the contract between the Supplier and the Customer (the “Contract”) for the supply and purchase of the Supplier Services. Labrador shall not be responsible for any delay or failure caused by any Supplier or Existing Supplier in relation to effecting any transfer.
      2. Labrador will arrange the Contract based on the information provided by the Customer to Labrador and from industry data. Prior to completion of the Contract, the Customer’s information will be confirmed by Labrador with the Customer by email and/ or in their online account and/ or via the Site. It is the Customer’s responsibility to ensure that all the Customer information is true, accurate, complete, reliable and current in all respects and to inform Labrador promptly if there are any errors and/or if any amendments are required. If any of the Customer information needs to be amended or rectified, this may result in the transfer being delayed or rejected by the Supplier.
      3. The Customer acknowledges that by entering into a Contract with a Supplier, the Customer will be contracting directly with the Supplier and not with Labrador. The Customer agrees that Labrador is not liable in any way in relation to any transactions, dealings or arrangements of any kind made between the Customer and any Supplier and that any such transaction, dealing or arrangements (including, without limitation, any payment obligations of the Customer thereunder) are the Customer’s sole risk and responsibility.
5. Charges
   1. Labrador is remunerated by commission from the Supplier as a result of Labrador securing and finalising the Supply Contract between the Customer and the Supplier. This commission is included in the rates Labrador arranges for the Customer and is based on the estimated consumption for the term of the Supply Contract and the commission agreement we have with the Supplier. There are no extra payments that the Customer has to pay directly to Labrador. Labrador strives to take the lowest commission compared to other brokers and Price Comparison Services but cannot undertake to always know what other services may charge in order to guarantee it will always be cheapest.
6. Customer's obligations
   1. In addition to the Customer’s other obligations set out in these Terms, the Customer warrants, represents and undertakes:
      1. to co-operate with the Supplier(s) in all matters relating to the Services including, without limitation, providing all relevant information in a timely manner as the Supplier(s) and/or Labrador may require from time to time and that all such Customer information will be true, accurate, complete, reliable and current in all respects;
      2. to comply at all times with these Terms and any applicable terms and conditions imposed by a Supplier in relation to the supply of the Supplier Services; c) that any password, user details and/or account number allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer at all times. Labrador will be entitled to assume that any person using the Customer’s password, user details and/or account number is the Customer or someone doing so with the Customer’s permission. The Customer shall be responsible and liable for any actions of any person using the Customer’s password, user details and/or account number and shall immediately notify Labrador of any unauthorised use of the same.
7. Intellectual property rights
   1. The Customer agrees that any and all Intellectual Property Rights in or to the Services, any information and/or materials provided the Customer, the Site and any content therein (including, without limitation, the look and feel of the Site) shall remain owned by Labrador and/or its licensors and any use or attempted use of any of the same shall constitute an infringement of Labrador’s (and/or its licensors’) Intellectual Property Rights and may expose the Customer to both civil and criminal liability.
8. Termination
   1. Without prejudice to the foregoing and any other rights and remedies that Labrador may have, Labrador shall be entitled to terminate or suspend the Services.
   2. The Customer hereby agrees to indemnify, keep indemnified, defend and hold Labrador and its parent companies, subsidiaries, affiliates and each of their respective officers, directors, employees, owners, agents, suppliers, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with any use by or conduct of the Customer in relation to any of the Services, any transactions, dealings or arrangements made with any third party as a result of using the Services or any breach of any of the provisions of these Terms or of any law or the rights of any third party.
9. Limitation on Liability
   1. Labrador will exercise all reasonable skill and care in providing the Services. However, the performance of the Services by Labrador may be dependent upon third parties (including, without limitation, Suppliers and Existing Suppliers) and Labrador is not able to guarantee or accept any responsibility for any failure or delay caused by such third parties or for any inaccurate, incomplete or unreliable information provided to the Customer by such parties via Labrador.
   2. Labrador shall use its reasonable endeavours to ensure that all pricing information provided by Labrador to the Customer as part of the Pricing Comparison Service is accurate, current and reliable in all material respects. However, save in respect of the foregoing, Labrador does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purposes or legality of any information accessed as a result of the Customer’s use of the Services or the Site or otherwise communicated by Labrador to the Customer.
   3. Except as expressly provided in these Terms, the Services and the Site are provided on an “as is” basis without representation or warranty of any kind and to the fullest extent permissible pursuant to applicable law Labrador disclaims all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
   4. Subject to the foregoing, if by any mistake, act or omission of Labrador in the performance of the Services, the Customer suffers a direct financial loss as a result of such mistake, act or omission, Labrador will compensate the Customer for such direct loss on the following basis:
      1. the Customer must submit any claim within 3 months of identifying the mistake, act or omission that has resulted in such direct loss and must follow Labrador’s claims process, as may be requested of them; and
      2. Labrador’s total liability for all losses of whatever nature suffered by the Customer as a result of such mistake, act or omission is strictly limited to the lesser of:
         1. the amount that the Customer would have saved but for Labrador’s mistake, act or omission; or
         2. the commission fee earned by Labrador from the Supplier as a result of Labrador securing and finalising the Contract between the Supplier and the Customer, which can be found by emailing the customer ID to contact@perse.energy.
      3. Subject to clause 9.5, the Customer acknowledges and agrees that Labrador shall not be liable for:
         1. any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the Customer’s claim;
         2. any loss of profit or savings;
         3. loss or corruption of data or information;
         4. loss of contracts, business or opportunity;
         5. damage to goodwill or reputation(s); in each case whether direct or indirect and in each case whether based in contract, tort (including without limitation negligence), strict liability, or otherwise, arising out of or in connection with these Terms, the Services, the Site and/or any use thereof, in each case even if Labrador has been forewarned or is aware of the possibility of such loss or damage.
   5. Labrador does not exclude or limit its liability (if any) in any way:
      1. for death or personal injury caused by Labrador’s negligence;
      2. for fraud or fraudulent misrepresentation; or
      3. for any matter from which it is unlawful to exclude, or attempt to exclude, Labrador’s liability.
10. Data protection
    1. The Customer acknowledges and agrees that details of the Customer’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Customer in accordance with Labrador's Privacy Policy.
    2. The Customer also grants Labrador permission to investigate their supply details on the relevant industry databases (including but not limited to Transco, Xoserve, ECOES, Electralink, Companies House, HMRC, The Charity Commission for England and Wales) in order to provide any quotation, or facilitate any contract or transfer. This includes, where available, your energy usage history for up to 3 years and switching history for up to 6 years. We only use this data in order to deliver our service, in ensuring we take into account usage patterns that may have been affected by Covid lockdown and other factors, to better recognise the energy products that are most likely to suit you and to seek to negotiate the best prices on your behalf.
11. Force majeure
    1. Labrador shall have no liability to the Customer if it is prevented from or delayed in performing any of its obligations in relation to the provision of any of the Services, or from carrying on its business, by acts, events, omissions or accidents beyond Labrador’s reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Labrador or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, and Labrador shall be entitled to a reasonable extension of the time for performing such obligations in the event of any such occurrence.
12. No waiver
    1. Any failure or delay by Labrador to enforce any of its rights under these Terms is not to be taken as or deemed to be a waiver of that or any other right unless Labrador acknowledges and agrees to such a waiver in writing.
13. Severability
    1. If any clause or part of a clause of these Terms is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms.
14. Third Party Rights
    1. Except as expressly provided in clause 8.2, the parties agree that the provisions of these Terms are personal to them and are not intended to confer any rights of enforcement on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract or to any of its provisions, other than clause 8.2.
15. Transfer of rights and obligations
    1. These Terms are binding on the Customer and Labrador and on each parties’ respective successors and assigns.
    2. The Customer may not transfer, assign, charge or otherwise dispose of these Terms, or any of its rights or obligations arising under them, without Labrador’s prior written consent.
    3. Labrador may at any time transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of its rights or obligations arising under them.
16. Complaints
    1. We aim to provide you with an excellent service at all times and we are committed to continuous improvement. You can see our Complaints Process in its entirety here: https://www.thelabrador.co.uk/complaints
17. Entire Agreement
    1. The warranties, exclusions and other express provisions of these Terms, the Privacy Policy and the Terms of Use set out the full extent of our obligations and liabilities concerning the subject matter and supersede any previous agreements between the parties relating thereto.
18. Governing Law and Jurisdiction
    1. These Terms are governed by the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.