‘eyebright’ is defined as eyebright Ltd (SC367108) or any of its subsidiaries or trading names and any other entity we may legally transfer our rights under these Terms and Conditions.
‘The User’ is defined as anyone engaging with eyebright in any capacity and covers incorporated and unincorporated entities. This extends to anyone such as an employee, agent or affiliate regardless whether they have an independent legal status.
‘The Service’ is defined as someone who signs a Letter of Authority or otherwise engages with eyebright for purposes such as receiving comparisons, tenders or quotes.
‘The Supplier’ is defined as any entity eyebright may introduce The User to, or may be present on any quotes or illustrations.
‘The Contract’ is the agreement between The User and The Supplier, which has its own Terms and Conditions between the third party and The User, which eyebright has no control of.
The User accepts that in the event of any dispute which could not be defined that the legal jurisdiction of Scotland will apply and that the matter would be submitted to a Scottish court.
The User accepts that the Terms and Conditions represent the Entire Agreement and supersedes any previous understanding.
eyebright does not accept any liability for errors or negligence in providing The Service in any event. The User will indemnify eyebright and its Partners against claims of loss of income, loss or expense. Where The User is accessing The Service through a third party such as a sub-broker or introducer they will not hold eyebright liable in any circumstances.
The User accepts that eyebright is not instructed to act as their agent or representative by virtue of providing The Service. Any reference to the term Agent at any stage is exclusively restricted to the context of supplier data collection
The User accepts that eyebright will access relevant databases as well as store and retain data associated with providing The Service.
The User consents for eyebright to credit check any entity or individual deemed relevant in delivering The Service.
The User will strictly respect eyebright intellectual property including but not limited to Copyright, Trade Marks and confidential information.
All Users must engage with eyebright in good faith and not use The Service in any way against eyebright interests.
Any quote or illustration provided by eyebright cannot be taken as a guarantee that The Supplier will accept The Agreement.
It is the The Users responsibility to satisfy themselves and carry out due diligence and suitability associated with The Supplier and The Agreement before committing to The Agreement. Early termination fees, minimum spend and other conditions may be contained within a Supply Contract. The Contract with The Supplier is a separate agreement subject to its own Terms and Conditions between The User and The Supplier as independent third parties. The User cannot accept The Contract on any assumption or pledge from eyebright. The User recognises that any dispute in relation to The Contract does not provide The User with a redress against eyebright. In no circumstances will eyebright be liable for any failure or any loss of any kind for failing to fulfil its obligations.
In the event The User is moving or vacating premises eyebright must be given notice as quickly as is reasonably practical. For the avoidance of doubt eyebright needs to have a minimum of 30 days notice prior to vacating any premises.
Should The User cancel a contract or not provide 30 days notice prior to vacating premise eyebright will be entitled to charge an administration fee of £175+VAT for each Agreement affected.
The User must provide accurate information and co-operate as required with eyebright in order for eyebright to fulfil The Service.
Management of Supply Contracts is the liability of The User. Where eyebright is involved in the management of this it cannot be held liable for a failure to notify of contract end date, lack of termination or failure of a contract to go live.
As part of The Service eyebright has a broad supplier panel, but this does not cover all of market. Additionally, all suppliers may not be listed on a quote. We always appreciate any feedback regarding The Supplier, you can help us with this by following the link https://eyebrightutilities.co.uk/contact.
To accept eyebright will seek to secure customer data and share this with other Suppliers in producing quotes.
The User must be mindful of the Bribery Act 2010 and comply with all other relevant legislation.
Unless advised otherwise eyebright receives commissions from The Suppliers, who from time to time may provide incentives such as bonuses. Commission may take the form of a one off payment, or a recurring commission, which may be based on volume, consumption, profit share or uplifted pricing and commissions may be received post contract end. Commissions can vary depending on contract length, spend, consumption or uplift. The Service is not free, but is no-obligation up to the quote being accepted by The User completing The Agreement. eyebright will remain entitled to receive the commission under your Utility Supply Contract despite the expiry or termination of your services with eyebright. Supplier renumeration can be a matter of commercial sensitivity.
If The User commits to The Contract with The Supplier this represents a legally binding document, with no cooling off period unless this is otherwise confirmed by The Contract provided by The Supplier.
In the event that a quote or illustration is provided to The User is no longer valid, or is not accurate The User will not hold eyebright liable for this.
eyebright does not provide advice on further costs or risks associated with any of its Services. The User must carry out their own due diligence and not eyebright any decision-making on any opinion or data imparted by eyebright. Any opinion expressed is that of an individual and does not constitute eyebright position on any matter.
Unless The User terminates The Service it will roll from year to year. Where the Supplier requires an updated Letter of Authority to continue providing information on The User to help provide The Service, eyebright will have The Users consent to generate a Letter of Authority with a validity period which has extended a year without needing to contact The User. Generating this new Letter of Authority may require eyebright to create a new document, which is signed and dated on The Users behalf by eyebright.
eyebright has the authority to opt-out or terminate customers from their existing contracts in order to provide The Service at renewal.
eyebright has the authority to nominate a supplier to act as DC, DA & MOP without seeking further consent.
From time-to-time eyebright may choose to change its Terms and Conditions.
If any of these terms are deemed to be invalid or unlawful or unenforceable this will not impact on the enforceability of the other terms.
Either party can terminate The Service with 30 days notice. For the User to Terminate The Service please write to eyebright at eyebright Ltd, 44 Speirs Wharf, Glasgow, G4 9TH.