Auto switching terms and conditions

These Terms
1. What these terms cover. These are the terms and conditions on which we offer an auto-switching service (Service) in relation to household energy bills, by which you, the subscriber, authorise us to assess your energy supply contract and where we consider it appropriate, to automatically switch you to a new provider tariff that is best suited for your needs according to the information that you have provided to us.
  Some of the products and services are offered by third parties and where this is the case you will be bound by that third party’s terms and conditions for that deal.
2. Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide the Service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you are unsure about any of these terms or have any questions please contact us to discuss.
  Further information can be obtained from our website or by contacting us. Any changes to the way that we provide the Service will be published on our website www.moneyexpert.com and subject to the nature of the change you may be notified by email.
Information about us and how to contact us
1. Who we are. We are ME Expert Limited, a company registered in England and Wales. Our company registration number is 10120411 and our registered office is at Suite D2, the Quadrant, Mercury Court, Chester, Cheshire, CH1 4QR. We are authorised and regulated by the Financial Conduct Authority (FCA) and our firm reference number is 917459.
2. How to contact us. You can contact us by telephoning our customer service team at 0800 011 1395 or by writing to us at [email protected].
3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Subscription term and renewals
1. How we will accept your order. When you subscribe to the Service we will email you a confirmation, at which point a contract will come into existence between you and us.
2. How long will the Service last. For as long as you comply with these terms and conditions, the Service will automatically renew each year and continue without limitation until either you choose to unsubscribe or we decide to terminate the subscription. One of the reasons for which we can terminate the subscription is if we encounter an issue with the details that we hold for you, for example if you move house or change providers yourself before your contract expiry date and don’t let us know.
3. You can unsubscribe at any time by contacting our customer services on 0800 011 1395 or [email protected]. If you proceed to switch a supplier on your own, outside the Service, we may treat that as a notice by you to terminate your subscription for the Service.
The Service
1. How auto-switching works. Auto-switching manages the energy supply switching process for you. When you subscribe to the Service, you are authorising us to assess the energy supply deals available on the market and automatically switch you to a new energy supplier tariff provided:
  - a) it is suitable for your needs, based on the information that you have provided to us; and
  - b) the switch will generate for you a minimum saving of £55.
2. How we select the best deal. In order to assess the energy supply deals available on the market and to decide which one suits your needs best, we look at a number of factors based on your preferences and what we can offer, including but not limited to:
  - a) cost
  - b) payment method
  - c) length of contract
  - d) quality of service
  - e) customer service
  - f) customer ratings
  - g) the supplier’s track record; and
  - h) financial stability of the supplier.
  The deal that we switch you to may not always be the absolute cheapest deal on the market at the time but we guarantee that the switch will provide you with a saving of at least £55 over your expected supplier standard variable rate including any predicted fluctuations to the Ofgem energy price cap, applied pro-rata.
3. No deal available: In some cases, as your tariff comes to an end, there may not be a deal to switch you to that provides a saving of at least £55. If this is the case, we will not be able to switch you automatically and we may instead contact you over the phone or via another method to offer you alternative deal options. Should you decline this option, you accept that we were not able to switch you in accordance with this agreement, that your tariff with your existing supplier may increase subject to the terms of your supply and that we are not liable for this change in circumstance or any related increase to your tariff.
4. Making the switch: Auto-switching will happen when the existing contract or tariff is coming to an end. This is either going to be once a year or once in every two years, subject to your tariff. We will notify your existing supplier in writing that you are leaving, and we will complete your switch to the new supplier on your existing payment method.
5. Your responsibility: We rely on the details you provide to us when you first subscribe to the Service to ensure that the deal is a good fit for you. You are responsible for making sure the information you give to us is accurate, complete and up to date and you must tell us straight away of any changes to these details so that we can continue to provide the Service to you in the way that you expect. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for not providing the Service if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Our rights to make changes
1. Changes to the Service. We may change the Service:
  - a) to reflect changes in relevant laws and regulatory requirements; and
  - b) to implement minor technical adjustments and improvements, for example to implement a security requirement. These changes will not affect the Service.
2. Notifying you of any changes. If we make any changes to the Service, we will publish them on our website at www.moneyexpert.com and, depending on the impact those changes have to the Service being provided to you, we will notify you by email. You may then contact us to end the contract before the changes take effect in accordance with clause 6.
Your rights to end the contract
1. You can always end your contract with us. Your rights to end the auto-switching service depend on whether there is anything wrong with the Service, how we are performing and when you decide to end the contract:
  - a) If we did not perform the Service in the way that we said we would under clause 4, you may have a legal right to end the contract (see 9);
  - b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
  - c) If you have just changed your mind about the Service, see clause 6.3.
  - d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately. The reasons are:
  - a) we have told you about an upcoming change to the Service or these terms which you do not agree to (see 5.2);
  - b) we have suspended supply of the Service for technical reasons, or notified you we are going to suspend them for technical reasons;
  - c) you have a legal right to end the contract because of something we have done wrong.
3. Exercising your right to change your mind. Under the Consumer Contracts Regulations 2013 you have the right to change your mind within 14 days of subscribing to the Service. However, under our goodwill guarantee you will be able to cancel the subscription at any time, even after the 14 days have passed. Please see clause 3.3 on how to do this,
4. How long do I have to change my mind? You can unsubscribe from the Service at any time. By cancelling the Service, we will no longer act on your behalf in switching your supplier however any switches already made prior to your cancellation of the service will be unaffected, so if you want to cancel the contract with your new energy supplier also you must contact them directly to do this.
How to end the contract with us (including if you have changed your mind)
1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
  - a) Phone or email. Call customer services on 0800 011 1395 or email us at [email protected]. Please provide your name, home address, phone number and email address.
  - b) Online. Complete the online form on our website.
  - c) By post. Print off the printable form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Our rights to end the contract
1. We may end the contract if you break it. We may end the contract for the Service at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services or if we discover that the information is false or misleading, or if you breach these terms in any way.
2. We may withdraw the Service. We may write to you to let you know that we are going to stop providing the Service. We will let you know at least 14 days in advance of our stopping the Service and to make you aware that we will not be automatically switching you to a new provider on expiry of your current contract.
If there is a problem with the Service
1. How to tell us about problems. If you have any questions or complaints about the Service, please contact us. You can telephone our customer service team at 0800 011 1395 or write to us at [email protected].
2. Summary of your legal rights. We are under a legal duty to supply the Service in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Service. Nothing in these terms will affect your legal rights.
  Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says:
  - a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill or get some money back if we can't fix it.
  - b) If you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also clause 6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
No charge We do not charge you for the Service but instead we receive commission from the companies that we refer customers to. This does not influence the way we present you with options, nor does it affect the price you pay for the energy supply. All partners we work with are carefully vetted for quality of service, financial stability and customer service. We always make sure our customers are only introduced to reputable suppliers.

No representation/limited authorisation
1. We do not represent or act as the agent for any supplier in connection with the Service. Whilst we may have commercial relationships with suppliers and may negotiate collective deals with suppliers, in providing the Service we act independently using our own judgment to select suppliers and the best deals for our subscribers.
2. We take precautions not to put ourselves in conflict of interests and will notify our subscribers in writing if we believe we might be in conflict.
3. We will not represent you or act as your agent or representative in relation to your supply contracts with suppliers, even if we select the supplier or the contract and arrange the switching of your supplier. By signing up to the Service in accordance with these Terms and Conditions, you give us limited authority to do only the following, that is:
  - a) to review your details and your energy contract and (if we decide it is the best option for you) to select an alternative contract or supplier and to cancel your current contract; and
  - b) to contact the selected supplier and to provide your details to the supplier (which may be your existing supplier in case of switching between different contracts of the same supplier); and
  - c) to complete application or registration forms or application questionnaires in relation to your new energy contract, in order to arrange the switching of contracts or suppliers on your behalf. You understand and agree that we will complete such application forms and questionnaires on your behalf without seeking your instructions in relation to the details or answers provided in the forms.
4. Once these steps are taken on your behalf, our Service is completed and we cease to be involved in relation to your energy contract. All other aspects of your contract with your supplier (including, without limitation, concluding your energy supply contract including providing any financial credentials or personal information or information relating to your property or energy usage to your new supplier, receiving, checking and paying bills, providing meter readings, customer service and complaints and reporting or handling any service disruptions, or other incidents claims or events associated with the energy supply contract) are your sole responsibility. We do not and cannot represent you (or your supplier) in relation to any such matters.
Our responsibility for loss or damage suffered by you
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
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; for breach of your legal rights in relation to the Service as summarised at 9.2.
3. We are not liable for:
  - a) business losses. We only supply the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  - b) any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely;
  - c) any losses you suffer because the information you provide us with is inaccurate or incomplete; or
  - d) any losses you suffer through connecting to any linked third party websites or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website and we do not guarantee that they are free from viruses or anything else that could be infectious or destructive.
How we may use your personal information
1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
Other important terms
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
4. If a court finds part of this contract illegal, the rest will continue in force. 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.
5. Even if we delay in enforcing this contract, we can still enforce it later. 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 respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR via their website at www.cedr.com. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.