Proof of Value Terms

The Proof of Value is designed to help eligible businesses understand how their energy is being used and where potential cost, consumption or carbon reduction opportunities may exist.

As part of the Proof of Value, we may review information such as:

• half-hourly electricity consumption data;
• utility bills;
• contract or tariff information;
• site details;
• operating hours;
• meter information;
• capacity/KVA information;
• carbon or energy reporting information;
• information you provide about your operations, shifts, processes or buildings.

We may use this information to provide analysis, dashboard access, reports, observations, recommendations and/or a review call.

Unless we agree otherwise in writing, the Proof of Value is provided free of charge.

The Proof of Value is a limited review based on the information available to us at the time. It is not a full energy audit, investment-grade assessment, engineering survey, procurement exercise, compliance review, tax review or financial advice.

Any work outside the agreed Proof of Value scope may be subject to a separate proposal, agreement or set of terms.

The Proof of Value is intended for business customers only.

We may accept or reject Proof of Value requests at our discretion. We may also limit the number of Proof of Value projects available at any time, prioritise certain types of business or withdraw the offer without notice.

Submitting a request does not guarantee that we will provide the Proof of Value.

You agree to provide accurate, complete and up-to-date information where reasonably requested.

You confirm that:

• you have authority to submit the information provided to us;
• you have authority to share energy, meter, billing, site and consumption data with us;
• where information relates to your business, sites, meters, suppliers or utility contracts, you are entitled to provide it;
• any data, documents or information you provide are accurate to the best of your knowledge;
• you will tell us if any information changes or if you become aware that anything provided is incorrect or incomplete.

We are entitled to rely on the information you provide. We are not responsible for errors, omissions or misleading outputs caused by inaccurate, incomplete or outdated information supplied by you, your representatives, your suppliers, your metering agents or third parties.

As part of the Proof of Value, we may use third-party data sources, metering data, supplier information, software platforms, dashboard tools or analytics systems.

You acknowledge that the availability, accuracy, completeness and timeliness of data may depend on third parties, including energy suppliers, data collectors, meter operators, software providers, network operators or other service providers.

We do not guarantee that any third-party platform, data feed, dashboard or software will be uninterrupted, error-free, complete or available at all times.

Where we provide access to an online dashboard or platform as part of the Proof of Value, access is provided on a temporary basis unless otherwise agreed in writing.

Unless stated otherwise, dashboard access may be withdrawn, suspended or expire at the end of the Proof of Value period.

You must not:

• share login details with unauthorised users;
• copy, scrape, reverse engineer or misuse the platform;
• use the dashboard for unlawful purposes;
• upload anything harmful, malicious or inappropriate;
• attempt to interfere with the platform or its security.

We may suspend or withdraw access if we reasonably believe the platform is being misused or if access is no longer required for the Proof of Value.

Any savings, carbon reductions, efficiency opportunities, cost reductions, payback periods or commercial benefits identified during the Proof of Value are estimates only.

They are based on available data, assumptions and analysis at the time of review. Actual results may vary depending on factors including:

• operational changes;
• future energy prices;
• site usage;
• production levels;
• weather;
• tariff structure;
• supplier billing accuracy;
• metering accuracy;
• implementation costs;
• customer behaviour;
• investment decisions;
• third-party contractor performance;
• changes in regulation or market conditions.

We do not guarantee that any saving, reduction, payback or financial benefit will be achieved unless we expressly agree this in a separate written contract.

The Proof of Value does not oblige you to purchase any service from us.

It also does not oblige us to provide ongoing services after the Proof of Value has ended.

Any ongoing service, including energy intelligence, dashboard access, energy management, procurement, bureau support, compliance support, monitoring, consultancy or implementation support, will be subject to separate agreement.

The Proof of Value does not appoint us as your energy broker, procurement consultant or exclusive representative.

We will not arrange, negotiate or submit energy supply contracts on your behalf unless this is separately agreed in writing, usually through a Letter of Authority, Quote Acceptance Form or other written agreement.

Any procurement services are subject to separate procurement terms.

The Proof of Value is provided for general business insight and energy management purposes.

It does not constitute legal, financial, tax, investment, engineering, regulatory, health and safety or technical design advice.

You should take appropriate professional advice before making decisions involving capital expenditure, operational changes, compliance obligations, contractual commitments or supplier arrangements.

You may use the Proof of Value outputs internally within your business for the purpose of reviewing energy usage, potential savings and possible next steps.

You must not publish, sell, distribute, commercially exploit or provide the report, dashboard outputs, screenshots, analysis, methodology or recommendations to third parties without our prior written consent, except to your employees, officers, advisers or professional representatives who need to see them for internal business purposes.

All intellectual property rights in our methods, reports, templates, dashboards, analysis, calculations, commentary, graphics, recommendations, documents, know-how and materials remain owned by us or our licensors.

We grant you a limited, non-exclusive, non-transferable right to use the Proof of Value outputs for your own internal business purposes.

Nothing in these terms transfers ownership of our intellectual property to you.

Each party agrees to keep confidential any confidential business, commercial, technical or operational information received from the other party in connection with the Proof of Value.

This does not apply to information that:

• is already public;
• was lawfully known before disclosure;
• is received lawfully from a third party;
• must be disclosed by law, regulation, court order or a competent authority.

We may share your information with our employees, contractors, software providers, data partners, professional advisers and other third parties where reasonably required to provide the Proof of Value.

We will process personal data in accordance with our Privacy Policy.

You acknowledge that the Proof of Value may involve the processing of business contact details, site details, meter information, energy data, billing information and documents you provide to us.

Where personal data is included in the information you provide, you confirm that you have the necessary rights, notices and permissions to share that data with us for the purpose of delivering the Proof of Value.

We may use anonymised and aggregated data from the Proof of Value for internal analysis, benchmarking, product improvement, service development and marketing insights, provided it does not identify you or your business.

We will not publicly identify your business as a Proof of Value participant without your permission.

Nothing in these terms limits or excludes liability that cannot legally be limited or excluded, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to the above, we will not be liable for:

• loss of profit;
• loss of revenue;
• loss of business;
• loss of anticipated savings;
• loss of goodwill;
• loss of opportunity;
• loss or corruption of data;
• indirect or consequential loss;
• decisions made by you based on the Proof of Value without further investigation;
• inaccuracies caused by data supplied by you or third parties;
• the availability, accuracy or performance of third-party platforms or data sources.

Because the Proof of Value is provided free of charge, our total liability arising out of or in connection with the Proof of Value shall be limited to £100, unless a higher amount is required by law.

Either party may end the Proof of Value at any time by giving written notice to the other.

We may immediately suspend or end the Proof of Value if:

• you provide inaccurate, incomplete or misleading information;
• you misuse the dashboard or any platform access;
• you breach these terms;
• we are unable to obtain the required data;
• we reasonably believe continuing the Proof of Value would create legal, commercial, technical or operational risk.

When the Proof of Value ends, dashboard access may be withdrawn and we will not be obliged to provide further reports, analysis or support unless separately agreed.

These terms apply only to the Proof of Value.

If you later choose to proceed with any paid service, energy management service, dashboard subscription, monitoring project, compliance support, consultancy work or procurement service, separate terms may apply.

Where there is any conflict between these Proof of Value Terms and a later signed agreement, the later signed agreement will take priority for the relevant services.

We may update these terms from time to time. The version that applies to your Proof of Value will be the version available or provided to you when you submit your request, unless we agree otherwise in writing.

These terms are governed by the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or in connection with these terms or the Proof of Value.