Energy Brokerage Terms & Conditions

COLABR8 Energy Brokerage Terms & Conditions

Effective Date: 01 Feb 2026

Registered Office: 280 St Vincent Street Suite C, Second Floor Glasgow, G2 5RL United Kingdom

1. Definitions and interpretation

1.1 In these Terms:

"COLABR8", "we", "us" means COLABR8 Limited, a company registered in Scotland (SC651494), and its permitted successors and assigns.
"Client", "you" means the business named in the LoA or any Order, including its group companies where named.
"LoA" means the Letter of Authority in the form of Schedule 1, signed by or for the Client.
"Agreement" means these Terms, the LoA, any Order and any Schedule, read together.
"Order" means any acceptance by the Client of a Supply Contract or quotation presented by COLABR8, in any form set out in clause 2.5.
"Supplier" means any licensed supplier of electricity, gas, water or wastewater, or any provider of other Utilities, including its agents.
"Supply Contract" means a contract between the Client and a Supplier for the supply of Utilities. COLABR8 is never a party to it.
"Network Operator" means any Distribution Network Operator (DNO), Independent DNO, Gas Distribution Network, Independent Gas Transporter, meter operator, data collector, meter asset provider, Scottish Water, or any other industry party outside COLABR8's control.
"Meter" means any electricity (MPAN), gas (MPRN), water (SPID) or other supply point for which the Client appoints COLABR8.
"Commission" means any payment COLABR8 receives from a Supplier or other party in connection with a Supply Contract, including any uplift in unit or standing charges.
"Utilities" means electricity, gas, water, wastewater and any other service listed in Schedule 1.
"Go-Live" means the date a Supplier starts supplying a Meter under a Supply Contract.
"Business Day" means a day other than a Saturday, Sunday or bank holiday in Scotland.

1.2 Headings do not affect interpretation. "Including" means "including without limitation". "Writing" includes email but not text or social messaging.

1.3 If these Terms conflict with the LoA, these Terms prevail. If they conflict with a signed Order, the Order prevails for that Order only.

2. Appointment and the Letter of Authority

2.1 The Agreement starts when the Client signs the LoA, whether by hand or electronic signature. It is a binding brokerage agreement from that date.

2.2 By signing the LoA, the Client confirms it has read and accepts these Terms. These Terms apply to every quotation, Order and Supply Contract arranged by COLABR8, to the exclusion of any terms the Client puts forward.

2.3 The LoA authorises COLABR8 to:

obtain consumption, half-hourly, meter, contract and account data from any Supplier or Network Operator;
request quotations and negotiate with Suppliers on the Client's behalf;
obtain contract end dates, termination windows and the reasons for any objection to a transfer;
serve termination or non-renewal notices on the Client's current Supplier to prevent automatic rollover;
raise and manage queries with Suppliers and Network Operators about new connections, meter exchanges, change of tenancy and billing.

2.4 The LoA does not make COLABR8 the Client's energy or water supplier. COLABR8 does not supply Utilities, issue bills or collect payment for Utilities.

2.5 COLABR8 will not enter a Supply Contract without the Client's instruction. The Client is bound by a Supply Contract and an Order when it accepts by any of these methods:

signing a Supply Contract or Order, by hand or electronically;
confirming acceptance by email from an address at the Client's domain or one it has used with COLABR8;
giving verbal acceptance on a call recorded by COLABR8 or the Supplier.

2.6 The person signing the LoA or accepting an Order confirms they have authority to bind the Client. If they do not, they are personally liable to COLABR8 for any loss that results.

2.7 COLABR8 may share the LoA with any Supplier, Network Operator or broker partner it works with to deliver the services. A copy of the LoA has the same effect as the original.

3. Our services and what we are not

3.1 COLABR8 acts as an independent broker. It obtains quotations from the Suppliers on its panel, presents them to the Client and, on instruction, arranges the Supply Contract.

3.2 COLABR8 does not search the whole market. It will tell the Client, on request, which Suppliers it approached for a quotation.

3.3 Quotations are indicative only. They depend on wholesale prices at the time, the Client's credit status, the accuracy of the data given, and the Supplier's own acceptance. A Supplier may withdraw or reprice a quotation at any time before it confirms the Supply Contract in writing.

3.4 Any savings figures, budget forecasts or cost comparisons are estimates based on the data available. They are not a guarantee of future costs or savings.

3.5 COLABR8 does not give financial, tax, legal or Climate Change Levy advice. The Client should take its own advice on VAT, CCL exemption, and any certificates it relies on.

3.6 The Supplier alone is responsible for supplying Utilities, billing, metering, credit checks, deposits and the terms of the Supply Contract. The Network Operator alone is responsible for connections, capacity, meter works and network charges.

3.7 COLABR8 may use broker partners, aggregators or sub-agents to obtain pricing. COLABR8 stays responsible to the Client for its own services under this Agreement.

4. Commission and transparency

4.1 COLABR8's services are free at the point of quotation. COLABR8 is paid Commission by the Supplier, usually as an uplift included in the unit rates and/or standing charges of the Supply Contract.

4.2 Quoted prices always include COLABR8's Commission. The Client pays it to the Supplier through its normal bills, not to COLABR8.

4.3 The amount of Commission, or the uplift in pence per kWh and pence per day, is shown on the Supplier's contract documents or principal terms. The Client may ask COLABR8 in writing at any time for the Commission rate and the estimated total Commission over the contract term, and COLABR8 will reply within 10 Business Days.

4.4 Commission is calculated on the Client's estimated annual consumption (EAC) and term. Some Suppliers pay part of it in advance. If the Client's actual consumption is lower, or the Supply Contract ends early, the Supplier may reclaim Commission from COLABR8; clause 7 applies.

4.5 Where COLABR8 charges any direct fee (for example bill validation, a tender or a site survey), it will agree the fee in writing before starting the work. Fees are payable within 14 days of invoice.

4.6 COLABR8 may charge interest on late fees under the Late Payment of Commercial Debts (Interest) Act 1998, plus the fixed recovery sums that Act allows.

5. Client obligations

5.1 Accurate information. The Client must give COLABR8 complete and accurate information, including legal entity name, company number, site addresses, MPANs, MPRNs, SPIDs, consumption, current contract end dates, recent bills and any change of tenancy or ownership. COLABR8 relies on this information and is not liable for any loss caused by it being wrong or incomplete.

5.2 Keep us updated. The Client must tell COLABR8 in writing within 10 Business Days of any:

change of occupier, sale, closure, or new site;
change in consumption of more than 20% from the estimate used for quotation;
change of company name, number, ownership, or insolvency event;
contact from a Supplier or Network Operator about objections, credit, deposits or connection works.

5.3 Check the first bill. The Client must check its first bill under each Supply Contract against the contract rates and tell COLABR8 in writing within 30 days of receiving it if anything is wrong. After that, the Client must check each bill as it arrives. COLABR8 will help raise disputes with the Supplier, but is not responsible for billing errors the Client did not report within these periods.

5.4 One broker per Meter. The Client must not appoint any other broker, consultant or intermediary for the same Meters while the LoA is in force, and must not contract with a Supplier directly for those Meters without first telling COLABR8 in writing. The Client warrants that no other LoA it has signed conflicts with COLABR8's appointment.

5.5 Meet Supplier requirements. The Client must pass any Supplier credit check, pay any deposit or security the Supplier asks for, provide meter access, and pay its bills on time. The Client must also terminate any existing contract it holds so that the new Supply Contract can Go-Live, where COLABR8 has not done this for it.

5.6 Honour the Supply Contract. Once it has placed an Order, the Client must not cancel, object to, or frustrate the transfer, and must stay with the Supplier for the full contract term unless the Supply Contract allows otherwise.

5.7 Co-operation. The Client must respond to reasonable requests from COLABR8, a Supplier or a Network Operator within 5 Business Days, and sign any further form needed to complete the transfer.

6. Supplier, Network Operator and implementation risk

6.1 COLABR8 will use reasonable skill and care to submit each Order correctly and on time, and to chase the Supplier until Go-Live. COLABR8 does not guarantee that any Supply Contract will be accepted, go live on a given date, or go live at all.

6.2 COLABR8 is not liable for any loss, cost or charge arising from any act or failure of a Supplier or Network Operator, including:

a Supplier rejecting, withdrawing, repricing or failing to process an Order;
a failed credit check, or a demand for a deposit, guarantee or prepayment;
an objection to transfer by the current Supplier, including for debt or an existing contract;
delays or failures by a DNO, IDNO, gas transporter, meter operator or Scottish Water, including new connections, capacity increases, energisation, meter exchanges or registration;
the Client being placed on deemed, out-of-contract, rollover or variable rates while a transfer is pending;
metering faults, estimated reads, back-billing, incorrect bills or data errors;
a Supplier ceasing to trade or entering the Supplier of Last Resort process;
changes in third-party, network, policy or government charges (such as DUoS, TNUoS, BSUoS, CfD, RO, FiT, CCL or VAT) that a Supplier passes through under the Supply Contract.

6.3 Where a delay or failure under clause 6.2 happens, COLABR8 will, at no extra cost, use reasonable efforts to resolve it with the Supplier or Network Operator, or to re-quote with another Supplier. Any new quotation will be at prices current at that time.

6.4 Wholesale energy prices move daily. COLABR8 is not liable for any difference between a quotation and the price available later, including where the Client delays its decision or the Supplier reprices before confirming.

6.5 COLABR8 is not liable for any failure or delay caused by events outside its reasonable control, including Supplier or network outages, industry system failures, market suspension, government action, pandemic, severe weather, strikes or cyber attack.

7. Lost commission, clawback and non-circumvention

7.1 The Client accepts that COLABR8 invests time and cost in each tender and is paid only through Commission. This clause protects that legitimate interest.

7.2 Client-caused failure. If a Supply Contract does not Go-Live, or ends before its full term, because the Client:

cancels or withdraws an Order after acceptance,
gave inaccurate or incomplete information under clause 5.1;
fails to meet Supplier requirements under clause 5.5;
appoints another broker or contracts directly in breach of clause 5.4 or 7.4; or
otherwise breaches this Agreement,

the Client must pay COLABR8 the Commission that COLABR8 would have received over the remaining contract term, calculated as set out in Schedule 2, together with any Commission the Supplier reclaims from COLABR8.

7.3 Clawback. Where a Supplier reclaims advance Commission from COLABR8 for a reason set out in clause 7.2, the Client must repay that amount to COLABR8 within 14 days of COLABR8's invoice, with a copy of the Supplier's clawback notice.

7.4 Non-circumvention. For 12 months after COLABR8 presents a quotation, the Client must not contract, directly or through another intermediary, with that Supplier for the same Meters on terms first introduced by COLABR8. If it does, clause 7.2 applies as if COLABR8 had arranged that contract.

7.5 No double recovery. COLABR8 will deduct any Commission it actually receives for the same Meters and period, and will not recover the same loss twice.

7.6 Sums due under this clause are a debt payable within 14 days of invoice. Clause 4.6 applies to late payment.

8. Limitation of liability

8.1 Nothing in this Agreement limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law.

8.2 Subject to clause 8.1, COLABR8 is not liable, whether in contract, delict (including negligence), breach of statutory duty or otherwise, for:

loss of profit, revenue, business, savings or anticipated savings;
loss of goodwill or reputation;
market movements, price changes or the cost of Utilities under any Supply Contract;
Supplier or Network Operator errors, including billing, metering, back-billing and network charges, as set out in clause 6;
any indirect or consequential loss.

8.3 Subject to clauses 8.1 and 8.2, COLABR8's total liability to the Client under or in connection with this Agreement, in any 12-month period, is limited to the total Commission COLABR8 actually received for the Client's Meters in the 12 months before the event giving rise to the claim.

8.4 The Client must notify COLABR8 in writing of any claim within 6 months of becoming aware of it, giving reasonable detail.

8.5 The Client agrees these limits are reasonable. It has had the chance to take advice, COLABR8's services are paid for through Commission rather than direct fees, and the Client is best placed to insure its own business risks.

9. Term and termination

9.1 The Agreement and the LoA start on the date the LoA is signed and continue until cancelled by either party giving at least 30 days' written notice, subject to clause 9.2.

9.2 Where a Supply Contract arranged by COLABR8 is in force, the Client may not cancel the LoA for the Meters it covers until that Supply Contract, including any renewal arranged by COLABR8, has ended.

9.3 Cancelling the LoA or this Agreement does not cancel or affect any Supply Contract already signed. The Client stays bound to the Supplier on the terms of that contract.

9.4 COLABR8 may end the Agreement at once by written notice if the Client:

materially breaches it and does not remedy the breach within 14 days of notice;
becomes insolvent, enters administration, receivership, liquidation or sequestration, or ceases trading;
acts abusively or dishonestly towards COLABR8 staff, a Supplier or a Network Operator.

9.5 On ending, the Client must pay any sums due under clauses 4 and 7. Clauses 4.6, 6, 7, 8, 10, 11 and 12 survive ending, as does any right that arose before it.

10. Data protection and confidentiality

10.1 Each party will comply with the UK GDPR and the Data Protection Act 2018. COLABR8 processes personal data of the Client's contacts as a controller, to deliver the services and manage the Supply Contract, as set out in its privacy notice.

10.2 The Client consents to COLABR8 sharing its data with Suppliers, Network Operators, credit reference agencies and broker partners for these purposes, and to COLABR8 and Suppliers recording calls for training, quality and proof of acceptance.

10.3 Each party will keep the other's confidential information confidential, and use it only for this Agreement. This does not apply to information that is public, already known, or that must be disclosed by law, a regulator or the Energy Ombudsman.

10.4 COLABR8 may contact the Client about renewals and other COLABR8 services. The Client may opt out of marketing at any time.

11. Complaints and dispute resolution

11.1 Complaints should be sent in writing to complaints@colabr8.co.uk or to COLABR8 Limited at its registered office. COLABR8 will acknowledge a complaint within 5 Business Days and aim to resolve it within 8 weeks, under its published complaints procedure.

11.2 COLABR8 is a member of the Energy Ombudsman's scheme for brokers and third-party intermediaries. If the complaint is not resolved within 8 weeks, or COLABR8 issues a final response the Client is unhappy with, an eligible micro or small business Client may refer it to the Energy Ombudsman free of charge.

11.3 Complaints about supply, billing, metering or network issues are for the Supplier or Network Operator to resolve under their own procedures. COLABR8 will help the Client raise them.

11.4 Before starting court proceedings (except for urgent interim orders or debt recovery under clause 7), the parties will first try in good faith to settle any dispute through senior management within 20 Business Days.

12. General

12.1 Entire agreement. The Agreement is the whole agreement between the parties about brokerage services. The Client has not relied on any statement not set out in it, but this does not limit liability for fraud.

12.2 Assignation. COLABR8 may assign or transfer its rights, including its right to Commission, to any group company, successor or purchaser of its business. The Client may not assign without COLABR8's written consent.

12.3 Notices. Notices must be in writing and sent to the other party's registered office or last notified email address. Email notices are received on the next Business Day after sending.

12.4 Severability. If any part of the Agreement is found invalid, the rest stays in force, and the invalid part applies with the minimum change needed to make it valid.

12.5 Waiver. A delay in enforcing a right is not a waiver of it.

12.6 Third parties. No one other than the parties has any right to enforce the Agreement, including under the Contract (Third Party Rights) (Scotland) Act 2017.

12.7 Electronic signature. The Agreement, the LoA and any Order may be signed electronically and in counterpart.

12.8 Changes. COLABR8 may update these Terms to reflect changes in law, regulation or industry practice, including Ofgem registration of brokers, by giving 30 days' written notice. Changes do not affect Supply Contracts already signed.

12.9 Governing law. The Agreement and any dispute arising from it are governed by the law of Scotland, and the Scottish courts have exclusive jurisdiction, subject to clause 11.2.

Schedule 1: Letter of Authority

Reproduced here for reference. The Letter of Authority is issued and signed separately.

[Client legal name] ([Company number]), registered office [address], ("the Client")

Sites and Meters covered: [site address — MPAN / MPRN / SPID], or "all sites and meters of the Client".

Utilities covered: electricity, gas, water and wastewater [add others].

To whom it may concern. The Client appoints COLABR8 Limited (SC651494) as its sole broker for the Meters above, to act on its behalf in arranging its Utilities supply contracts.

COLABR8 Limited is authorised to:

access any information about the Client's supply, including half-hourly and consumption data, contract end dates, account details and the reasons for any objection;
request and negotiate quotations from any Supplier;
serve notice of termination or non-renewal on any current or future supply contract, in line with its terms;
deal with Suppliers and Network Operators on connections, meter works, change of tenancy and billing.

This authority does not allow COLABR8 Limited to sign a supply contract for the Client. The Client will accept each contract itself in writing, by email, electronic signature or recorded call.

This LoA revokes any earlier authority given to another broker for these Meters. It remains in force until cancelled by 30 days' written notice, and cannot be cancelled for any Meter while a supply contract arranged by COLABR8 is in force.

By signing, the Client confirms it has read and accepts the COLABR8 Energy Brokerage Terms & Conditions, dated 28 September 2026, which form part of this appointment.

Signed: ______________ Name: ______________ Position: ______________ Date: ______________

Schedule 2: Lost commission calculation (clause 7.2)

Lost commission = unit uplift (p/kWh) × estimated annual consumption (kWh) × months remaining ÷ 12, plus standing charge uplift (p/day) × days remaining, less any Commission actually received for that period (clause 7.5).

Example: 0.5p/kWh uplift on 100,000 kWh a year, 24 months remaining, no standing charge uplift = £500 a year × 2 = £1,000.