Terms & Conditions

A full use of services and a copy of terms and conditions are available at Ecologic-solutions.co.uk. By contacting Ecological-Solutions, you agree that you have read, understand and agree to be bound to the terms and conditions outlined below. In the event you do not accept these terms and conditions, Ecological-Solutions may not accept, proceed, or fulfil any relevant service to which you have enquired.

  1. Definitions and Interpretation In these Standard Terms:

1.1. the following words and expressions have the following meanings unless the context otherwise expressly requires:

“Affiliate” in respect of a person, any persons that Control, are Controlled by or are under common Control with that person from time to time;

“Applicable Law” or ‘’Law’’ any:

(a) statute, statutory instrument, bye-law, order, regulation, directive, treaty, decision of the European Council, decree or law (including any common law or civil law judgment, demand, order or decision of any court, regulator or tribunal);

(b) legally binding rule, policy, guidance or recommendation issued by any governmental, statutory or regulatory body; and/or

(c) legally binding industry code of conduct or guideline which relates to the Contract, the Products, and/or the Services;

“Business Day” a day that is not a Saturday, Sunday or public or bank holiday in England and/or Wales;

“Change in Control” will occur in respect of a person (the “relevant entity”) where:

(a) Control of the relevant entity is obtained (whether directly or as a result of obtaining Control of one or more other persons) by any person who did not at the Start Date hold Control (whether directly or as a result of having Control of one or more other persons) of the relevant entity; or

(b) a person who has Control (whether directly or as a result of having Control of one or more other persons) of the relevant entity at any time during the term of the Contract Ecologic-Solutions Terms & Conditions v1 12 Merchant Court, Merchant House, Hebburn NE31 2EX ceases to have Control (whether directly or as a result of having Control of one or more other persons) of the relevant entity;

“Charges” such charges for the provision of Products and/or Services, including the Services Fee and the Product Fee as set out in the Proposal or elsewhere as specified, as may be updated and notified to you by us from time to time;

“Conditions” the Standard Terms and where applicable the Supplemental Terms; 

“Control” in relation to a person, the power (whether direct or indirect) to direct or cause the direction of its affairs, whether by means of holding shares, possessing voting power, exercising contractual powers or otherwise and “Controlled” will be construed accordingly;

“Contract” the contract between us and you for the sale and purchase of the Products and/or Services in accordance with these Conditions;

“Customer” the person or firm who is to receive Services or Products from us under the Contract, as set out in the Order and/or Proposal as the case may be;

“Customer Data” (c) the Consumption Data; and (d) all data in any medium which you permit or request (whether expressly or by implication) us to access, store, transmit, distribute or otherwise process in the delivery of the Products and/or performance of the Services;

“Customer Default” has the meaning given to it in clause 6;

“Data Controller” the meaning given to it in the DPA; Ecologic-Solutions Terms & Conditions v1, 12 Merchant Court, Merchant House, Hebburn NE31 2EX “Data Processor” the meaning given to it in the DPA;

“Internet” the global data network comprising interconnected networks using the TCP/IP (“Transmission Control Protocol/Internet Protocol”);

“Deliverables” any hosting services, written reports, utility consumption data generated by us or any of our utility monitoring products and any other written materials which we have specifically agreed in writing to provide to you as part of our Products or Services; “DPA” the Data Protection Act 1998;

“Data Protection Legislation” the DPA and any legislation implemented from time to time by the UK Government to adopt the GDPR;

“Event” an act, event, omission or circumstance “Force Majeure Event”

(e) act of God;

(f) war, insurrection, riot, civil commotion, act or threat of terrorism;

(g) lightning, earthquake, fire, flood, storm, or extreme weather condition;

(h) theft, malicious damage;

(i) strike, lockout, industrial dispute (whether affecting the workforce of a party and/or any other person);

(j) breakdown or failure of plant or machinery;

(k) inability to obtain essential supplies or materials;

(l) any failure or default of a supplier or sub-contractor of the relevant Party; or

(m) any event or circumstance to the extent it is beyond the reasonable control of the relevant Party “GDPR” General Data Protection Regulation ((EU) 2016/679);

“Indemnified Costs” all costs (on a full indemnity basis) including legal and other professional costs and costs of enforcement;

“Insolvent” you are Insolvent where you: Ecologic SOlutions Terms & Conditions v1 12 Merchant Court, Merchant House, Hebburn NE31 2EX

(n) give notice under section 84 Insolvency Act 1986 of, or propose or pass a resolution for, your winding up or in the case of a limited liability partnership proposes or determine that you will be wound up;

(o) have a winding up petition presented against you;

(p) have a winding up order or a notice of striking off made in respect of you;

(q) have an administration order or an application for an administration order made in respect of you or has a notice of appointment of an administrator or a notice of intention to appoint and administrator filed in respect of you at any court;

(r) propose, make or are subject to: (s) a company voluntary arrangement;

(t) a composition with your creditors generally;

(u) an application to a court of competent jurisdiction for protection from your creditors generally;

(v) a scheme of arrangement under Part 26 Companies Act 2006;

(w) have a receiver or a provisional liquidator appointed over any of your assets, undertakings or income;

(x) cease to trade or appear, in the reasonable opinion of the Company, to be likely to cease to trade;

(y) are unable to pay debts as they fall due; or the value of your assets are less than its liabilities, including your contingent and prospective liabilities;

(z) are the subject of anything analogous to the foregoing under the laws of any applicable jurisdiction;

“Installation” the installation of Products at the Premises as part of the performance of the Services; and “Install” and “Installed” will be construed accordingly;

“Intellectual Property Rights” all intellectual and industrial property rights of any kind whatsoever including but not limited to, patents, supplementary protection certificates, rights in know-how, registered trade marks, registered designs, models, unregistered design rights, unregistered trade marks, rights to prevent passing off or unfair competition and copyright (whether in drawings, plans, specifications, designs and computer software or otherwise),

Ecologic Solutions Terms & Conditions v1, 12 Merchant Court, Merchant House, Hebburn NE31 2EX database rights, topography rights, any rights in any invention, discovery or process, and applications for and rights to apply for any of the foregoing, in each case in the United Kingdom and all other countries in the world and together with all renewals, extensions, continuations, divisions, reissues, re-examinations and substitutions;

“Liability” liability arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, restitution, under statute or otherwise, including any liability under an indemnity contained in this and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of our obligations under the Contract and/or any defect in any of the Products or Services, in each case howsoever caused including if caused by negligence;

“Losses” all losses including all direct, indirect and consequential losses;

“Order” your request for the supply by us of Products and/or Services, whether as set out in your purchase order form, your letter of authority, your written acceptance of our quotation, or overleaf, as the case may be;

“Personal Data” any personal data (as such term is defined in the DPA and subsequent replacement legislation);

“Premises” any premises (whether belonging to or under the control of Customer or otherwise) in respect of which we have agreed to deliver or Install Products and/or perform Services;

“Product Fee” such sums as are payable by you in respect of our supply to you of the Products, as described in our Proposal; 

“Products” the products to be supplied by us to you as described in our Proposal;

“Proposal” the document issued by us to you setting out the nature of the services and products to be supplied by us to you;

“Recoverable Liabilities” all Losses, liabilities, Indemnified Costs, damages and expenses that the indemnified person does or will incur or suffer, all claims or proceedings made, brought or threatened against the indemnified person by any person and all Losses, liabilities, Indemnified Costs, damages and expenses the indemnified person does or will incur or suffer as a result of defending or settling any such actual or threatened claim or proceeding;

references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);

references to a “Party” or to the “Parties” will mean we and/or you as the context requires and will include a reference to its or their successors and (to the extent applicable) permitted assigns and references to a third party will mean any person other than the Parties;

any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions will be construed without limitation and accordingly will not limit the meaning of the words preceding them.

1.PARTIES

  1. This Agreement is made between you the customer (“Customer”) and Ecologic solutions, Company No 12949431 registered address 12 Merchant Court, Merchant House, Hebburn, NE31 2EX.
  2. Ecologic-Solutions reserves the right to amend these terms and conditions at any time. Any amendments made will be published on ecologic-solutions.co.uk and the you may terminate the Agreement by providing written notice following any changes. Constinuing to use any service provided by Ecologic-Solutions will constitute to acceptance of the most up to date terms and conditions.
  3. PROVISION OF THE SERVICE
  4. The Customer will be required to submit all relevant information to Ecologic Solutions for the process to commence. This will involve completing and submitting their contact details, an online questionnaire and information of their qualifying benefits.
  5. A representative of Ecologic-Solutions will contact the Customer and confirm the submitted information is correct. Upon confirmation and granted consent, Ecologic-Solutions will arrange for an approved surveyor to attend the customers premises. This is a free service, and no obligation will be required for any work to be carried out upon the surveyors inspections.
  6. If accepted by the customer, the surveyor will detail all requirements to the customer and complete the necessary documentation on the customers behalf. Please note that the surveyors report may only include recommendations under the current available schemes.
  7. The installation work will be carried out by a fully accredited installer between 2 and 6 weeks after the customer’s initial enquiry. In most cases the work will be paid for entirely by the grant, but any fees not covered by the grant will be discussed prior to any installation work being carried out at the customer premises.
    PAYMENT
  8. The use of the Ecologic-Solutions service is currently free. The Customer will be clearly notified and provided with an illustration of any applicable costs before any such services can be selected or before any charges are levied.
  9. In the event any payment from the customer is required by the supplier, the customer must pay the supplier direct within the agreed terms, Ecologic-Solutions will not be involved or hold any responsibility in the transaction of sums to the supplier on the customers behalf.
  10. Ecologic-Solutions will not request payment information from the customer.

  11. INTELLECTUAL PROPERTY RIGHTS

  12. all intellectual and industrial property rights of any kind whatsoever including but not limited to, patents, supplementary protection certificates, rights in know-how, registered trade marks, registered designs, models, unregistered design rights, unregistered trade marks, rights to prevent passing off or unfair competition and copyright (whether in drawings, plans, specifications, designs and computer software or otherwise), database rights, topography rights, any rights in any invention, discovery or process, and applications for and rights to apply for any of the foregoing, in each case in the United Kingdom and all other countries in the world and together with all renewals, extensions, continuations, divisions, reissues, re-examinations and substitutions;
  13. No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions.
  14. You must not use Ecologicals name or trademarks or any other registered or unregistered trademarks on the Service without the prior written permission of Ecologic-Solutions Limited.
  15. With effect from the date on which the relevant Deliverable is supplied to you, we grant to you a non-exclusive licence to use the Intellectual Property Rights in that Deliverable solely to the extent necessary to use that Deliverable for its intended purpose. You may not assign or sub-licence the rights granted to you by us5. CUSTOMER BREACH
  1. The Customer shall compensate Ecological Solutions  in full for each loss, liability or cost incurred by heatergrants.co.uk  arising out of: 1. any claims or legal proceedings arising from the Customer’s use of the Services which are brought or threatened against heatergrants.co.uk  by any other person; or any breach of this Agreement by the Customer.
    LIMITATION OF LIABILITYNothing in the Contract will operate to limit or exclude our Liability for:

    1.1. death or personal injury caused by its negligence, or the negligence of a person for whom it is vicariously liable (negligence being as defined in Section 1(1) Unfair Contract Terms Act 1977);

    1.2. fraud or fraudulent misrepresentation or fraud or fraudulent misrepresentation by a person for whom it is vicariously liable;

    1.3. breach of its obligations under Section 12 Sale of Goods Act 1979;

    1.4. breach of its obligations arising under Section 2 Supply of Products and Services Act 1982; or

    1.5. any other matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.

    Subject to clause 6.1, we will have no Liability to you, for any:

    2.1. loss of profit (whether direct, indirect or consequential);

    2.2. loss of goodwill, loss of reputation of loss of opportunity (in each case whether direct, indirect or consequential);

    2.3. loss of revenue, loss of production or loss of business (in each case whether direct, indirect or consequential);

    2.4. loss of anticipated savings or loss of margin (in each case whether direct, indirect or consequential);

    2.5. loss of use or value of any data or software (whether direct, indirect or consequential); 

    2.6. loss or damage arising out of any failure by you to keep full and up to date security copies of any computer program and data held or used on behalf of you (whether direct, indirect or consequential);

    2.7. wasted management, operational or other time (whether direct indirect or consequential);

    2.8. liability of you to third parties (whether direct, indirect or consequential); and

    2.9. special, indirect or consequential loss or damage.

    1. our total Liability to you arising out of or in connection with the Contract or otherwise between the parties from Events which occur in any one Year will be limited to the total Charges paid by you to us for Products and Services supplied to you in that Year.

    3.1. Nothing in this clause 11 will prevent or restrict the right of a Party to seek injunctive relief or specific performance or other discretionary remedies of the court.

    3.2. The exclusions from, and limitations of, liability set out in this clause 5 will be considered severally. 

    1. DATA PROTECTION

    Ecologic-Solutions shall comply with all applicable data protection laws in the UK.

    In relation to Customer Data:

    1. you will either own the Customer Data or have sufficient rights to use such Customer Data for the purposes of the Contract, and are responsible for the accuracy and content of such data;
    2. you hereby grant us a perpetual royalty-free licence to use such Customer Data for the following purposes:

    2.1. the provision of the Products and Services under the Contract;

    2.2. analysis and review of Consumption Data as part of our normal business practices; and

    2.3. for such other purposes as are necessary in relation to our business objects.

    1. you warrant that the Customer Data is accurate and complete.
    2. Full Privacy policy and how Cookies may be used are available at Ecologic-Solutions.co.uk
    1. NO PARTNERSHIP / AGENCY
    2. Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and heatergrants.co.uk and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
    3. ASSIGNMENT
    5. The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. Ecologic-Solutions shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity
    1. FORCE MAJEURE
    2. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event. If the period of delay or non-performance continues for six months, the party not affected may terminate this Contract by giving 12 weeks written notice to the affected party.
    3. If we are affected by the Force Majeure Event you will continue to pay invoices in accordance with clause 8 in respect of any Products and Services which we continue to supply notwithstanding the occurrence of the Force Majeure Event.  
    1. ENTIRE AGREEMENT AND NO WAIVER

    The Contract constitutes the entire agreement between the Parties and supersedes any prior agreement or arrangement in respect of its subject matter and:

    1. you have not entered into the Contract in reliance upon, and will have no remedy in respect of, any misrepresentation, representation or statement (whether made by us or any other person and whether made to you or any other person) which is not expressly set out in the Contract;
    2. the only remedies available to you for any misrepresentation or breach of any representation or statement which was made prior to entry into the Contract and which is expressly set out in the Contract will be for breach of contract; and
    3. nothing in this will be interpreted or construed as limiting or excluding the liability of any person for fraud or fraudulent misrepresentation.
    1. NOTICESAny notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier. A notice or other communication shall be deemed to have been received: if delivered personally;

    2.if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed

    1. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
    1. GOVERNING LAW
    2. The Contract and any non-contractual obligations arising out of or in connection with them will be governed by the law of England and Wales.
    3. the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with the Contract (including in relation to any non-contractual obligations).
    4. Any Party may seek specific performance, interim or final injunctive relief or any other relief of similar nature or effect in any court of competent jurisdiction.